TSC is now threatening to fire JSS teachers.
These educators are among the 46,000 who were hired and assigned to junior schools in February and September of the previous year.
After a court decision last month, the teachers have not shown up to work, demanding permanent and pensionable (PnP) employment. Just 687 of the approximately 38,863 contract instructors are employed by JSS; the remainder are on PnP terms. There are 450 “interns” in secondary schools and 6,000 in elementary schools.
Following the receipt of data from the counties about absenteeism, the Teachers Service Commission (TSC) on Thursday issued “show cause” letters to 7,357 contract teachers who have been on strike since schools resumed last week. These teachers now face the possibility of losing their employment.
These educators are among the 46,000 who were hired and assigned to junior schools in February and September of the previous year. They have been given two weeks to reply; if they don’t, their contracts will be cancelled.
During a meeting on Wednesday at TSC headquarters, the decision was made to send the letters. The widespread layoffs will have an additional impact on JSS education in understaffed public schools. Learning has been impacted by the strike at numerous schools.
After a court decision last month, the teachers have not shown up to work, demanding permanent and pensionable (PnP) employment. Just 687 of the approximately 38,863 contract instructors are employed by JSS; the remainder are on PnP terms. There are 450 “interns” in secondary schools and 6,000 in elementary schools.
“It is noted with great concern that you participated in professional misconduct by being absent from duty, in violation of TSC Act Schedule Clause (b) provisions.” The letters that Nation saw and read.
In light of the aforementioned, the commission is considering ending your internship. The letters, which have been copied to the regional and county directors of education, state that “you are therefore hereby called upon to show cause why the internship engagement with the commission should not be terminated.”
While protests have been staged around the nation, the number of people who were listed as absent on May 14, 2024, was 5,722, and on May 17, 2024, it was 7,357. Nevertheless, since every teacher showed up for work, the counties of Elgeyo Marakwet, Kericho, Migori, Turkana, and West Pokot had zero absenteeism reports.
Mombasa (59.32 percent), Samburu (58.59 percent), Meru (57.87 percent), Tharaka Nithi (57.08 percent), and Isiolo (53.07 percent) counties had the highest absenteeism rates.
The “intern” teachers filed a complaint in the Employment and Labour Relations Court, which resulted in a decision that stopped the hiring on a contract. This is the case that gave rise to the conflict.
The court determined that TSC is not permitted to employ teachers on internship contracts and can only employ teachers on permanent and pensionable terms. Although the contracts for the teachers are one year long, those hired the previous year got theirs extended. Primary school students receive a monthly “stipend” of Sh15,000, while secondary school students and those stationed at JSS receive Sh20,000.
But since the “stipend” is taxable, including the Affordable Housing Levy, their take-home pay is reduced. After two years of service, contract teachers will have their terms converted to permanent and pensionable by the TSC, as promised. Additionally, teachers are not covered by the teachers’ medical plan and are required to purchase their own personal accident insurance.
Since then, the TSC has been granted orders to postpone the ruling’s implementation until August 1, 2024, while it files an appeal of the decision.
In January 2025, the commission has committed to converting 26,000 contract teachers to PnP terms. By the end of the year, the majority of these teachers will have been deployed for two years. There will be 22,000 secondary school teachers and 4,000 primary school teachers out of the overall number. For the 2024–2025 budget projections, Sh8.3 billion has been allotted to the employer.
Sh4.68 billion has been given to the TSC so that it can contract out 20,000 extra teachers. With this, the Kenya Kwanza administration would have hired 76,000 teachers in total. The coalition’s platform committed to hiring 58,000 teachers at a cost of Sh25 billion annually in order to close the 116,000 teacher shortage.
Read: Kuppet urges lawmakers to assist in putting an end to JSS teachers’ demonstrations.
All of the teachers would be employed on a permanent basis with pensions if such monies were to be set aside for that purpose. Under the “internship” scheme, the government began hiring teachers for one-year contracts in 2019.
The TSC, the National Assembly Committee on Labor, and the National Treasury were petitioned last week by the Kenya Union of Post-Primary Education Teachers (Kuppet) in an attempt to break the deadlock.
TSC is now threatening to fire JSS teachers.
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