Revealed: Contracts for new teachers out

By Sam Otieno

Details of short-term contracts for the 18,060 primary and secondary school teachers to be recruited countrywide are out, The Standard can exclusively report.

The new breed of personnel the Teachers Service Commission will for the first time employ on renewable contracts, like in the private sector, report to work next month. Most of the 210 constituencies will each get at least 60 new primary teaching staff and 20 for secondary schools under the programme. The new staff who will be employed in line with last week’s advertisement in newspapers by TSC, and will report to work when schools reopen, will earn Sh10,000 a month in the primary school category.

The secondary school cadre will start with Sh15,000 a month. The lowest paid teacher among those currently employed on permanent terms earn Sh15, 000 a month.

Copies of the contracts seen by The Standard shows they will be employed for an initial period of 36 months, and TSC will solely decide if their contracts would be renewed and under what terms at the end of the period entered. In the same way their employer also reserves the right terminate the contract.

In cases where a constituency needs less number of teachers than those posted, TSC will also have discretion of reassigning them to other needy areas.

Three months before expiry of their contracts, the new teachers will have to write to TSC to inform them of their desire to continue teaching. "The commission shall at its discretion decide whether it would offer him/her further employment, in which case re-engagement shall be on such terms as may be agreed upon by TSC," reads part of the contract.

The new teachers would be entitled to a maximum of 36 days annual leave, with full pay in respect of every year of employment. "Such leave will only be taken during school holidays, and shall not be carried forward from one calendar year to another year," the contract spells out.

In addition, each female teacher will be eligible for three months maternity leave, with full pay in addition to her annual leave.

But to qualify for maternity leave, the person engaged would be required to give seven days notice in writing.

She will have to present to the relevant education authority such as the District Education Officer, Municipal Education Officer, or Director of City Education – through the head teacher – a certificate on her medical condition from a certified medical practitioner.

Married men

Married men will also be entitled to a maximum period of ten working days paternity leave during the period of spouse’s maternity leave. "A male employee with more than one wife will be entitled to paternity leave only in respect of the wife registered with NHIF and not more than once a year," says the contract.

The teachers are also entitled to sick leave for a period of one month with full pay, one month on half pay, and thereafter leave without pay until he or she resumes duty.

Payment of salary will begin from the date the head teacher will give TSC as their reporting date.

In what appears to be TSC’s bid to make sure the contracted teachers enjoy the same benefits as those already working on permanent terms, the employer will pay on their behalf contributions to the National Hospital Insurance Fund. If the proposed NHIF rates are effected TSC will contribute Sh400 for primary school teachers, and Sh600 for secondary school teachers monthly.

The Government will also pay Sh400 to the National Social Security Fund on behalf of every teacher, who will also contribute Sh200.

Some of the conditions the new recruits will have to agree to, include working in the schools they are posted to for the three years, without asking for a transfer.

The new teachers would be expected to dedicate all their time and energy to their teaching and would thus not be allowed to engage in any trade without TSC’s permission.

Contrary to speculation that the new teachers would be blocked from joining trade unions, their contracts do not include any clause barring them from enlisting in labour groups.

The plan to hire teachers on contract was first floated by the Government in 2004, following a freeze in employment influenced by the World Bank and the International Monetary Fund under the structural adjustment programmes.

The ensuing teacher shortage was made worse by the introduction of Free Primary Education, and the start of Constituency Development Fund that led to higher enrolment and establishment of many community schools.

Errant teachers

But the Kenya National Union of Teachers had opposed the idea, claiming it was a ploy by the Government to weaken the union.

About 13, 860 teachers will be absorbed in primary schools countrywide and another 4, 200 teachers will be contracted to teach in secondary schools.

The new staff shall be required to pay for any damages that may arise from any disregard or failure on their part to comply with any order or negligence of duty. TSC will deduct from their salaries to make good the damage an amount the commission shall determine.

The DEOs, MEOs and DCEs have been given powers to interdict errant teachers serving on contract.

With regards to termination of engagement, the teacher would be required to give three months notice or one month’s salary in lieu of notice in case they want to leave the service.

TSC may also terminate employment contract on basis of incapacity caused by ill health upon receipt of a medical report from a medical practitioner.

For posts in secondary schools, applicants must have at least two teaching subjects relevant to the curriculum. They must have specialised in the relevant subject areas that were studied and passed with minimum mean grade of C+ or its equivalents both at secondary and university level.