TSC will honor interns’ entire wages after the court’s decision.
The placement of intern teachers at Junior School (JSS) by the Teachers Service Commission was declared illegal by the Employment and Labour Relations Court (ELRC).
This suggests that around sixty thousand teachers who worked as Teachers Service Commission interns could expect payment from their company for the entire duration of their internship.
Following the ELRC’s judgment that the commission had violated these teachers’ rights to fair labor practices by placing them in internships while they were certified instructors, the verdict was made public on Wednesday, April 17.
The intern teachers have largely helped the Junior Secondary School’s implementation of the Competency-Based Curriculum.
The commission is only permitted to hire competent applicants who have registered, according Justice Byrum Ongaya’s decision; as a result, it is not permitted to collaborate with or hire interns or student teachers.
The first respondent (TSC) would be entitled to employ interns “if the respondents had demonstrated statutory regulatory or policy arrangements.” According to Justice Ongaya, in order to effectively address the staffing demands of public institutions, the first respondent should ideally engage registered instructors on nondiscriminatory terms.
The initiative was launched not just as a quick program to supply instructors for junior secondary schools but also as a way to address the teacher shortage that was impacting educational institutions.
Nonetheless, the choice has exacerbated the several issues the internship program is currently dealing with, such as strong resistance to the program’s continuation.
posting at JSS for a teaching internship
The original plan for the internship program was for it to last for a year, after which the interns would be hired permanently and given pension benefits.
But before the instructors could be given consideration for permanent and pensionable employment, President William Ruto said in December that they would need to spend a another year.
While the issue was still in court, TSC had an agreement with the interns to teach two subjects. But in the classroom, math and science were taught alongside everything else.
The employed were further incensed by the reality that some of their colleagues had been hired on long-term, pensionable contracts while they had been retained as college and university instructors assigned to schools in order to gain teaching experience.
Despite the instructors receiving a “intern stipend,” there were claims that TSC deducted all taxes and government payments, including the controversial housing charge.
posting at JSS for a teaching internship
On behalf of the interns, the Forum for Good Governance and Human Rights filed the complaint. It implied that those in employment were supposed to manage every situation on their own and were not subject to oversight.
The second respondent is using the children’s lives and rights as test subjects to see how well the CBC works. The court heard that I declare this to be a concerning circumstance.
One of the affected teachers filed an affidavit in support of the complaint. Oroso Oganga claims that he was sent to Eking Narok Primary School in Kajiado County.
His transcript shows that he earned a Bachelor of Education (Arts) degree. According to his contract with TSC, he was only allowed to teach history and Christian religion.
However, he did mention that he eventually ended up teaching computer science, integrated science, social studies, CRE, health education, and life skills when he reported to the school on February 7, 2023.
He claimed that he was also in charge of the class’s management and administration. Oroso claimed to have received a Sh20,000 compensation to take home after working nonstop.
The Kenya National Union of Teachers (KNUT) hailed the court’s decision on Wednesday, calling it a major win for student teachers. The decision opens up the possibility of hiring the interns as full-time employees down the road.
Collins Oyuu, the secretary-general of KNUT, had concerns regarding the internship program, claiming it was unjust to label teachers who had obtained full certification as trainees.
“We genuinely support the temporary solution, but the intern issue has been a sore spot.” It makes reasonable that these teachers become permanent employees with pensions, especially for those who have completed a full year of internships, Mr. Oyuu added.
posting at JSS for a teaching internship
He has requested that TSC advocate in Parliament on their behalf in order to secure financing for the permanent and pensionable employment of the intern teachers.
Furthermore, it was disclosed in February by TSC CEO and Secretary General Nancy Macharia that an extra 20,000 interns will be hired in July.
Following a court ruling that an intern teacher’s posting to JSS was unlawful, TSC will pay the full amount of the award.
TSC will honor interns’ entire wages after the court’s decision.
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