Doctors in public hospitals sue government over salaries, allowances
SEE ALSO :Strong health systems key to deliver UHCThe CBA provided that all doctors in public facilities shall work 40 hours per week. Any extra hours shall be compensated. Through their lawyers, the doctor's union argues that on 27th of June 2013, the Principal Secretary of Health and officials of AG chambers signed a Collective Bargaining Agreement with KMPPDU officials. They argue that following the execution of the CBA, the Ministry has failed to register it in the Industrial Court to make it legally binding. They said that it was the legal obligation of the Health Ministry to register the CBA at the Industrial Court under the various provisions of the Labour Relations Act. The Principal Secretary of Labour is also being accused of failing or ignoring to file the CBA with the Industrial Court for registration citing a circular from the Salaries and Remuneration Commission. SRC is also accused of failing to provide advice to the matter for the last two years as required by the Constitution.
SEE ALSO :Shield women from avoidable deaths"The Respondents and the Interested Parties in collusion and/or individually have put in place a calculated unlawful scheme to permanently and/or indefinitely delay the registration of the CBA," reads the application. "Failure to submit to the Employment and Labour Relations Court the Collective Bargain Agreement executed by the parties on the 27th of June 2013 is illegal and unlawful." The doctors now want the Court to register the CBA and have it considered to have come into force from the agreed date of effectiveness being 1st July 2013 Health Principal Secretary Dr. Khadijah Kasachoon and Attorney General Prof. Githu Muigai are listed as the first and second respondents respectively. Labour Ministry Principal Secretary and the Salaries and Remuneration Commission are listed as interested parties.
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