A new bill has been presented in Parliament seeking to have teachers working for the Teachers Service Commission as administrators to receive special duty allowances. This major move is foreseen to bring fairness in compensating teachers who had been posted for administrative duties without formal appointment and associated pay.
Background
The Teachers Service Commission [Amendment] Bill, 2024 provides a remedial approach to a situation where teachers have continuously served in acting capacities without commensurate remuneration. If eventually enacted, it will limit the duration one is allowed to serve in an acting capacity before confirmation and provide allowances for administrative duties.
Key Provisions of the Bill
The bill introduces several crucial amendments to the TSC Act, 2012:
- Payment of Allowances: This bill, upon consultations with the Salaries and Remuneration Commission, makes provisions for allowances to be paid to teachers while serving both in acting capacities and as teachers.
- Time Limits for Acting Roles: The bill gives a minimum of 30 days and a maximum of 6 months wherein a teacher shall be designated for an acting role before he/she is confirmed.
- Qualification Requirements: Only qualified teachers shall be appointed to act in administrative positions, which will ensure that all appointed persons are eligible for the position they hold.
- Special Duty Allowance: Special duty allowances to be offered to teachers assigned administrative roles that are unrelated to their teaching grades with special consideration, especially for dry or semi arid regions, when no qualified teacher is available
Current Challenges
Due to financial constraints, the TSC has found it hard to promote teachers. In March, 36,505 teachers were promoted, which left many more who had been interviewed and who are serving as administrators out in the cold. Prolonged periods of stagnation in the similar job groups have also robbed teachers the chance and qualification for promotion.
Parliamentary Support
Mandera South MP Abdul Haro, who contributed to the bill, called for structured and fair appointments. “The bill seeks to entrench fairness for teachers holding positions in acting capacity so that the TSC can give the appointments in a structured manner,” he said.
Union Support
The Kenya National Union of Teachers and the Kenya Union of Post-Primary Education Teachers outrightly support the proposed bill. Collins Oyuu, Knut’s secretary-general, said it was untenable to work teachers to death without commensurate remuneration. He accused the TSC of sidestepping the law through the use of “assignment of duties” for acting roles rather than acompensation allowances.
Ongoing Negotiations
During a recent retreat in Naivasha, Nakuru County, the TSC and union officials opened talks on the issue of allowances and promotions. The parties did not agree on remuneration for acting appointments, but the unions still insist that the TSC is breaking the law for failing to pay acting administrators.