By Amunga Peter.
PART VI – TRADE UNION DUES, AGENCY FEES AND EMPLOYERS’ ORGANISATION FEES 48.
This is the Act that determines who will vote in the forthcoming KNUT National elections. Union dues deduction via checkoff from the employer is what determines who a member of the union is according to the act. Read..
“Deduction of trade union dues (1) In this Part “trade union dues” means a regular subscription required to be paid to a trade union by a member of the trade union as a condition of membership.”
Simply, according to the labour laws and act, you can only be a member of a union like KNUT via checkoff deductions from the employer. There is nowhere in the labour act, where one becomes a member of a union via BANK STANDING ORDER, OR MONEY ORDER OR MPESA PAYMENTS.
Let’s continue reading the act…
“(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.”
There you have it. The money deducted from a KNUT member or KUPPET via check off is via a ministerial order to TSC bank the money into a specified registered account belonging to the union. This act does not talk of standing orders, MPESA or cash payments. You are only an eligible member and voter of a union by ensuring the employer deducts your salary and deposits it into a KNUT account. That is the law.
Here is the conclusion of the Labour act number 48.
‘(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.”
These act is clear on who a union member is and thus who is eligible to vote. It guards against the following.
- People like Mercy Ndungu who are being deducted via checkoff KUPPET UNION Dues and at the sametime masquerading as a KNUT member by paying thro MPESA or bank order. Simply via this Act, mercy Ndungu who is vying to be the KNUT woman rep is locked out,
- The act ensures continuity of member. Checkoff can only be stopped via a letter from employee to employer via the union. But if we were to use bank payments or MPESA it will mean a person can masquerade to be a member during elections by paying, and withdraw payment after elections without any notice.
KNUT ELECTIONS on June 26th must follow the law. The labour act is clear on who a union member is and therefore eligible to be voted for. All those characters who invalidated their union membership via an official letter and are not being deducted union dues by TSC kindly keep off. We are seeking court orders to ensure the Labour Act is followed to the letter next week.