Atwoli Threatens Court Action Against SRC Over 4-Year Salary Review Cycle.
The Central Organization of Trade Unions has threatened legal action against the Salaries and Remuneration Commission over its plans to review salaries under new regulations.
According to Cotu secretary-general Francis Atwoli, the SRC has ignored public opinion in implementing the Remuneration and Benefits of State and Other Public Officers Regulations 2022.
“This bad mannerism, that is in character with many government institutions, whereby public participation is done as a constitutional formality rather than for purposes of collecting the views of the public and other contributors, should be a matter of great national concern if the provision of Public Participation is to be taken seriously,” Atwoli said in a statement on Monday.
According to the new regulations introduced in Parliament, public employees’ salaries and allowances will be automatically reviewed every four years to reflect the cost of living.
The annual Consumer Price Index (CPI) published by the Kenya National Bureau of Statistics will be used to calculate the cost of living (KNBS).
There are currently no timetables for reviewing pay for officers such as teachers, lecturers, doctors, and nurses.
“The commission shall undertake the review taking into account the applicable national budgeting and planning cycles,” reads part of the proposed regulations.
The proposals were also rejected by the Kenya Union of Clinical Officers’ secretary-general, Peterson Wachira, and Knut secretary-general, Collins Oyuu.
If the changes are approved by Parliament, public employees will join state officers such as the President and MPs in having their salaries reviewed every four years.
This means that doctors, lecturers, teachers, and nurses will no longer be able to bargain for higher pay raises, as is currently the case.
The SRC will have full authority under the regulations to decide when CBAs should be negotiated and the amount to be awarded.
The commission must approve any CBA before it can be implemented under the terms of the agreement.
“Upon conclusion of collective bargaining negotiation within the parameters provided by the Commission, the public service institution shall request the Commission for clearance of the draft collective bargaining agreement to facilitate its registration at the Employment and Labour Relations Court,” the new regulations read.
According to Atwoli, this violates Article 41 of the Constitution and the Labour Relations Act, as well as the International Labour Organization’s (ILO) Convention on the Protection of Wages for Every Individual, where workers are guaranteed the right to bargain for CBAs.
According to Atwoli, the right to a free and fair remuneration, including the right to collective bargaining, can never be a government reserve through anyone.
“The role of the government ends with setting the minimum wage while the rest is left to employers, individual workers and Trade Unions.
"The move by SRC, as such, negates the principle of the ILO on the Right to Collective Bargaining,” Atwoli said.
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according to Atwoli, if the Commission does not return to its advisory role, as stipulated in the constitution, COTU (K) will be forced to go to court to seek a constitutional interpretation of the SRC’s mandate in relation to the constitutional provisions under article 41.
“Furthermore, COTU (K), represented in the ILO Governing Body, will seek international and local solidarity in calling for the disbandment of the SRC.”
Atwoli Threatens Court Action Against SRC Over 4-Year Salary Review Cycle.
