Draft 11th March, 2017
RETURN TO WORK FORMULA
(RTWF)
BY AND BETWEEN
THE NATIONAL GOVERNMENT
THE 47 COUNTY GOVERNMENTS
(Jointly “The Government of Kenya”)
(On the one Part)
AND
KENYA MEDICAL PRACTITIONERS PHARMACISTS AND DENTISTS UNION (KMPDU)
(On the other Part)
THE NEGOTIATED AGREEMENT
(“Agreement”)
BETWEEN
THE NATIONAL GOVERNMENT
THE 47 COUNTY GOVERNMENTS
(Jointly “The Government of Kenya”)
(On the one part)
AND
KENYA MEDICAL PRACTITIONERS PHARMACISTS AND DENTIST UNION (KMPDU)
(On the other part)
RECITALS
WHEREAS the Kenya Medical Practitioners Pharmacists and Dentist Union (KMPDU) issued a twenty-one (21) day Strike Notice on 14th November, 2016, annexed hereto as Annex A;
WHEREAS the industrial action by Members of the KMPDU pursuant to the twenty-one (21) day Strike Notice on 14th November, 2016 commenced on Monday 5th December, 2016;
WHEREAS negotiations and mediation guided by the Kenya National Commission on Human Rights (KNCHR), the Law Society of Kenya (LSK) and the Inter – Religious Council of Kenya (IRCK) aimed at resolving, specifically and sustainably the underlying issues that resulted in the industrial action have been ongoing;
WHEREAS as a result of the above mentioned negotiations and mediation process the parties have concluded a model Recognition Agreement and a Collective Bargaining Agreement (CBA) for the period 2017 – 2021 that conforms to the judgement of the Employment and Labour Relations Court dated 6th October 2016 in Cause No. 974 of 2015 and the devolved governance structures stipulated in the Constitution of Kenya 2010. (A copy of the concluded model Recognition Agreement and CBA 2017 – 2021 is annexed hereto and marked as Annex B and C);
WHEREAS the parties now agree to enter into this Return to Work Formula (RTWF) pursuant to the Strike Notice issued on 14th November 2016, the industrial action commenced on Monday 5th December, 2016 and the judgement of the Employment and Labour Relations Court dated 6th October 2016 in Cause No. 974 of 2015. (A copy of the judgement in ELRC Cause No 974 of 2015 is annexed hereto and marked as Annex D);
NOW, THEREFORE, the parties hereto agree as follows:-
1. THAT the signatories on behalf of the 47 County Governments herein have full capacity and authority including consent from all County Secretaries and the Chairpersons of all the County Public Service Boards of all 47 County Governments to enter into this agreement.
2. THAT all County Governments through their respective County Secretary and Chairperson of the County Public Service Board shall within 7 (seven) days from the date hereof adopt and EXECUTE without further amendment the model Recognition Agreement (Annex B hereto) prepared jointly by KMPDU and the Council of County Governors (COG) during the mediation process guided by KNCHR, LSK and IRCK.
3. THAT cognizant of the vital role played by the CBA in fostering harmony between the parties herein, the Parties shall EXECUTE AND PRESENT FOR REGISTRATION at the Employment and Labour Relations Court, pursuant to Section 60 (2) of Labour Relations Act and the judgement (Annex D hereto) without further amendment, the concluded CBA 2017-2021 (Annex C hereto) within 14 (fourteen) days from the date hereof.
4. THAT all Doctors shall be placed in their appropriate job groups as per the approved “Revised Scheme of Services for Medical Officers, Dental Officers and Pharmacists”, annexed hereto as Annex E upon execution of this agreement.
5. THAT the current Emergency Call Allowance shall and is hereby renamed “Doctors’ Allowance” and is payable to all Medical practitioners, Pharmacists and Dentists working in all public institutions.
6. THAT all doctors shall with effect from 1st January, 2017 receive an additional Emergency Call Allowances (now renamed Doctors’ Allowance) payable as follows:
(i) Medical Officer Interns to receive an additional Kshs. 36,000/= per month. The total sum payable hereunder shall be Kshs. 66,000.00/= per month.
(ii) Medical Officers, Senior Medical Officers and Medical Specialists II to receive an additional Kshs. 42,000/= per month. The total sum payable hereunder shall be Kshs. 72,000.00/= per month.
(iii) Medical Specialists I, Senior Medical Specialist, Chief Medical Specialist II and Chief Medical Specialist I to receive an additional Kshs. 50,000/= per month. The total sum payable hereunder shall be Kshs. 80,000.00/= per month.
7. THAT all Doctor shall receive a new Medical Risk Allowance of Kshs. 20,000/= per month effective 1st July, 2016 payable in lump sum with salaries due as at 31st March 2017.
8. THAT any pending promotions be effected in accordance with the “Revised Scheme of Services for Medical Officers, Dental Officers and Pharmacists” (Annex E) and within the Human Resource guidelines within a period of six (6) months from the date hereof.
9. THAT all Statutory & Non-Statutory deductions and Union dues be remitted in accordance with the law.
10. THAT there shall be no victimization whatsoever by or of any party herein and the employers shall forthwith and unconditionally stop all disciplinary processes and withdraw all Show Cause Letters, Dismissal Letters and any other written or verbal punishment or threat of punishment emanating from this industrial action.
11. THAT there shall further be no victimization whatsoever by the employer of the leaders of KMPDU including but not limited to arbitrary transfers and discriminatory assignment of duties.
12. THAT all salaries withheld pursuant to this industrial action be paid in full upon execution of this agreement but not later than 31st March 2017.
13. THAT the parties herein enter into consent to forthwith withdraw all Court Cases emanating from the strike. (Cases: Nairobi Court of Appeal Civil Application No. 265 of 2016, Nairobi Court of Appeal Civil Appeal No. 9 of 2017, Employment and Labour Relations Cause No. 2486 of 2016 and all subsequently consolidated suits therein including but not limited to Employment and Labour Relations Cause No. 2479 of 2016).
14. THAT the parties herein agree to engage further in good faith and trust to restore industrial harmony in the Public Health Sector.
15. THAT KMPDU suspends the strike and all its members return to work immediately on the execution of this agreement.
THAT this agreement is signed at ______on the______day of ______2017
Signed for and on behalf of:
Kenya Medical Practitioners
Pharmacists and Dentists Union (KMPDU)
Dr. Samuel Oroko
Chair
Kenya Medical Practitioners
Pharmacists and Dentists Union (KMPDU) ______
Dr. Ouma Oluga
Secretary General
Kenya Medical Practitioners
Pharmacists and Dentists Union (KMPDU) ______
The National Government
Dr. Cleopa Mailu, EGH
The Cabinet Secretary
Ministry of Health ______
Dr. Nicholas Muraguri
The Principal Secretary
Ministry of Health ______
The 47 County Governments
Gov. H.E. James Ongwae, CBS
Chair, Labour and Human Resources Committee,
Council of County Governors’ ______
Gov. H. E. Jack Ranguma
Chair, Health Committee,
Council of County Governors’ ______
WITNESSED BY
Joseph K. Kinyua, CBS Sheikh Adan Wachu
Chief of Staff and Head of Public Service Chair, IRCK
Mbogori Kagwiria John M. Ohaga
Chair, KNCHR mediation team Chair, LSK mediation team
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