Just In: Protesting Employment on Internship Basis.
Following the employment of Junior Secondary School teachers under PnP, the High Court has issued orders directing the parties to the prevailing internship engagement of the Junior Secondary School (JSS) teachers to adhere to the provisions of the existing contract terms and conditions governing the TSC code of labour. More information on http://TSC online.tsc.go.ke
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From, Justice Byram Ongaya of the Employment and Labour Relations (ELRC) said the parties remain bound to the terms of the contract pending the hearing and determination of a petition before the court.
“The application dated November 29, 2023, is hereby determined to particularly for hearing and determination of the main petition subject to the interim order that pending the hearing and determination of the petition that the parties to any prevailing internship engagement in issue hereby are bounded by those prevailing contracts,” the order dated December 21, reads.
During the posting of the JSS teacher interns in the various earlier this year in schools across the country, among the clauses of the contract is that the internship is a one-off non-renewable programme running for 11 months from February 1, 2023, to December 31, 2023.
On additional it also recorded that the internship is a non-remunerative engagement but with a monthly stipend of Sh20,000 only. Which is argued that the same has been subjected to statutory deductions by the Teachers Service Commission (TSC).
In summary earlier this week, The Forum for Good Governance and Human Rights moved to court in harmony, unity and peace protesting the deployment of duly trained, certified, qualified and registered teachers as interns within the public schools in the country.
Following an affidavit filed by the Forum, it noted that since January this year TSC had deployed two sets of intern teachers while recruiting on set to the public JSS, going opposite to the government manifesto during the campaigns passed.
One of the sets was of teachers who were employed permanently with pensionable terms while the other was of interns.By employing the teachers in this manner, the Forum argued that this amounted to contravening of the constitution, and not placing learners on a common standard.
Emerging issues.
Basing the definition from the dictionary, an intern is a student or recent graduate who works to gain experience in their chosen field.
This goes contrary with someone who has been duly trained, graduated, registered with a Commission and having an experience of teaching for more than 5 years without being confirmed by TSC.
The Forum further stated that the Constitution did not anticipate TSC to employ a student-teacher (intern) in any public school as a teacher.
The organisation pointed out that despite their qualifications, the teacher interns are denied the enjoyment of being in permanent and pensionable work terms.
“By placing the said teachers on different terms of employment in the same public schools before their fellow colleagues, pupils/students, support staff and parents, the 1st respondent (TSC) has subjected them to public ridicule and scorn, psychological, emotional and physical torture and held them in servitude,” the Forum said.
“The policy under which the interns are recruited and engaged is oppressive, discriminative, unfair, exploitative and contrary to the provisions of TSC Act, 2012.”
It warned that if the court declined to issue the conservatory orders sought, the Constitution, the labour and employment statutes and the rule of law would be compromised and defeated.
It went on to say that the teachers’ expectations and right to fair labour practices will remain compromised.The mention for direction is set for March 7, 2024.
Following the court’s orders, JSS National Secretary General Daniel Muriithi cautioned the interns of messages trying to convince them to renew the non-renewable contract in question.
“Any Region Director, County Director, subcounty director, CSO, HOI, from either TSC or the Ministry of Education, or any person sending you messages and purporting to be acting in the capacity or on behalf of TSC or the Ministry of Education, shall be personally held accountable in a court of law since this will amount to a contempt of court,” Muriithi said.
He said that in January, they will proceed with their internship.
“The JSS intern teachers will be at work in January. We had promised that before being employed on permanent and pensionable terms in all sectors, they must do an internship for two years,” he said on Sunday during a media roundtable.
The President assured them that they would be prioritised for employment then. Updated on our website follow up http://www.educationmattersnews.co.ke
Just In: Protesting Employment on Internship Basis
