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Boris Boyka
#31 Posted : Wednesday, October 28, 2015 3:31:50 PM
Rank: Veteran

Joined: 11/15/2013
Posts: 1,977
Location: Here
hardwood wrote:
This 'jubilee worship' is turning out to be worse than 'Raila worship'. Sad.

You still have a lot to learn how Gvt works regardless of who is in power (read party). Kenyans and A good number of wazuans are confusing what they think is right and what is a fact. The new constitution didn't mean you can do as you wish against your boss,employer, institution or gvt. Chest thumping has never worked world over.Presidents come and go but working machinery of gvts stand. Procedures have to be followed.
Everybody STEALS, a THIEF is one who's CAUGHT stealing something of LITTLE VALUE. !!!
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Othelo
#32 Posted : Wednesday, October 28, 2015 3:33:02 PM
Rank: User

Joined: 1/20/2014
Posts: 3,528
The only other thing i know is this part of the law is read together with both the Recognition Agreement and the Collective Bargain Agreement which are instruments deposited with the Industrial Court to manage the relationship in this type of tripatriate agreement.

So it also depends on how these two documents were structured in terms of members' deductions and remittances!!!!!
Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
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Boris Boyka
#33 Posted : Wednesday, October 28, 2015 3:35:41 PM
Rank: Veteran

Joined: 11/15/2013
Posts: 1,977
Location: Here
Kaigangio wrote:
Othelo wrote:
Labour Relations Act 2007.........


PART VI  TRADE UNION DUES, AGENCY FEES
AND EMPLOYERS’ ORGANISATION FEES

48.(2) A trade union may, in the prescribed form, request the Minister to issue an order directing an employer of more than five employees belonging to the union to―

(a) deduct trade union dues from the wages of its
members; and

(b) pay monies so deducted -
(i) into a specified account of the trade union;
or

(ii) in specified proportions into specified
accounts of a trade union and a federation
of trade unions.

(4) The Minister may vary an order issued under this section on application by the trade union.

(5) An order issued under this section, including an order to vary, revoke or suspend an order, takes effect from the month following the month in which the notice is served on the employer.

(6) An employer may not make any deduction
from an employee who has notified the employer in
writing that the employee has resigned from the union.



@Maka....your section 49 and 50 deals with deduction and remission of agency fees which are covered in the collective bargain agreement between the employer and the trade union.

The trade union dues which are the members contribution to the trade union is covered in section 48 and from the way I understand it is that the same way the minister (CS) issues an order for trade unions dues deductions to be deducted and remitted on behalf of the union by the employer,is the same way that He/She will issue an order to the employer revoking or suspending the same. The CS here is still within the law and does not need to consult the trade union.

I did not see anywhere where the TSC will have committed an offence for acting on the CS's order or the CS committed an offence by issuing that order to the TSC.

From the way I see it Sossion aka choir master should be in Kaimenyi's office seriously discussing an MOU and sending other emissaries to TSC to convince them (TSC) that they have families to feed.

@Kaigangio I think there are so many ppl here thinking activism and what you push for must be granted regardless of the reality.
Everybody STEALS, a THIEF is one who's CAUGHT stealing something of LITTLE VALUE. !!!
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Njung'e
#34 Posted : Wednesday, October 28, 2015 3:39:31 PM
Rank: Elder

Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
Kaigangio wrote:
[quote=Othelo]Labour Relations Act 2007.........


From the way I see it Sossion aka choir master should be in Kaimenyi's office seriously discussing an MOU and sending other emissaries to TSC to convince them (TSC) that they have families to feed.


Crawl to the house on the hill but their sense of importance and pride won't allow. Them days are long gone of union leaders who used to bang tables.Mambo ni kunyenyekea hata kama ni haki yako!
Nothing great was ever achieved without enthusiasm.
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  | | Edit by user: Wednesday, October 28, 2015 3:43 PM | Reason: Not specified
murchr
#35 Posted : Wednesday, October 28, 2015 5:50:28 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
(2) A trade union may, in the prescribed form, request the Minister to issue an order directing an employer of more than five employees belonging to the union to I guess in this case the request was denied.

    (a) deduct trade union dues from the wages of its
    members; and

    (b) pay monies so deducted –
    (i) into a specified account of the trade union;
    or
    (ii) in specified proportions into specified
    accounts of a trade union and a federation
    of trade unions.


(3) An employer in respect of whom the Minister
has issued an order under subsection (2) shall commence deducting the trade union dues from an employee’s wages within thirty days of the trade union serving a notice in Form S set out in the Third Schedule signed by the employees in respect of whom the employer is required to make a deduction.

(4) The Minister may vary an order issued under
this section on application by the trade union.
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
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nakujua
#36 Posted : Wednesday, October 28, 2015 6:11:39 PM
Rank: Elder

Joined: 12/17/2009
Posts: 3,583
Location: Kenya
Euge wrote:
This GOK is being crafty. The children are loosing. That's why KCSE exam papers and answer sheets are all over.Coz of they way they are treating the teachers

I thought its KNEC that sets and distributes exams, teachers come in to supervise and mark - I also thought teachers see the paper the same time the students sitting the exam first see the same.

On the leakage part I think its just that the distribution of the leaks has widened due to the communication tools available, I don't think teachers have anything to do with that.
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harrydre
#37 Posted : Wednesday, October 28, 2015 7:24:38 PM
Rank: Elder

Joined: 7/10/2008
Posts: 9,131
Location: Kanjo
Let those organizations Die! I support! We can't keep having strikes every year so that Sossion & Co. can pocket more of teacher's deductions. We are in a capitalist economy if a teacher feels the pay is not enough, they can quit there are graduates out there looking for work.
i.am.back!!!!
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alma1
#38 Posted : Wednesday, October 28, 2015 7:28:10 PM
Rank: Elder

Joined: 9/19/2015
Posts: 2,871
Location: hapo
Ati killing unions will save us.

There was no union that lost 52 billion Euros.

I keep on saying. The Uhuru gov't shall used as a case study in political science in future years. Either they are the sharpest gov't in the whole world or the most useless worldwide. History shall tell not me.
Thieves are not good people. Tumeelewana?
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hardwood
#39 Posted : Wednesday, October 28, 2015 9:10:15 PM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
harrydre wrote:
Let those organizations Die! I support! We can't keep having strikes every year so that Sossion & Co. can pocket more of teacher's deductions. We are in a capitalist economy if a teacher feels the pay is not enough, they can quit there are graduates out there looking for work.


I said earlier that this jubilee worship is turning out to be worse than Raila worship. Kill the unions that are being a pain in kamwana's a$$. Reduce graduate pay to 10k because many graduates are looking for jobs. Then you put your snouts in the trough and eat undisturbed. 1.2b village mansions.
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Angelica _ann
#40 Posted : Wednesday, October 28, 2015 9:21:25 PM
Rank: Elder

Joined: 12/7/2012
Posts: 11,941
Currently part of arbitration process!!!
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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