AN ACT to establish the Fair Wages and Salaries Commission and to provide for related purposes.

1. Establishment of Fair Wages and Salaries Commission

(1)  There is established by this Act a body to be known as the Fair Wages and Salaries Commission.

(2)  The Commission is a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(3)  The  Commission  may  for  the  performance  of  its  functions  acquire  and  hold  movable  and immovable property and may enter into a contract or any other transaction.

(4)  Where  there  is  hindrance  to  the  acquisition  of  property,  the  property  may  be  acquired  for  the Commission under the State Property and Contracts Act, 1960 (C.A. 6) or the State Lands Act, 1962 (Act 125) and the costs shall be borne by the Commission.

2. Object of the Commission

The object of the Commission is

(a) to ensure fair, transparent and systematic implementation of the Government public service pay policy,

(b) to develop and advise Government on and ensure that decisions are implemented on matters related to

(i) salaries, wages, grading, classification,

(ii) job analysis and job evaluation,

(iii) performance management and indicators, and

(iv) allowances   and   benefits   in   the   public   service   with   the   ultimate   objective   of consolidation of the allowances and benefits; and

(c) to undertake negotiations where compensation is financed from public funds.

3. Functions of the Commission

To achieve its objects, the Commission shall

(a) implement public service pay policy, except the determination of emoluments under  article 71 of the Constitution,

(b) develop  and  monitor  allowances  and  benefits  of  public  servants  and  the  consolidation  of salaries of public servants,

(c) undertake job analysis and job evaluations,

(d) develop and ensure a consistent review of standard job evaluation methodology,

(e) develop and ensure implementation of grading and classification structures,

(f ) review requests for the re-grading of positions,

(g) co-ordinate, manage and monitor collective bargaining processes in which Government is the direct or indirect employer,

(h) develop salary structures for the public service,

(i) ensure  that  the  balance  of  internal  consistency,  external  competitiveness  and  employee performance are fully reflected in the public service pay system,

(j) advise on performance management processes and indicators,

(k) develop  a  mechanism  within  the  public  service  salary  system  to  attract  and  retain  critical skill,

(l) undertake research on salaries, benefits and allowances,

(m) review and propose changes to salary related components in enactments, and

(n)     perform other functions related to the objects of the Commission.

4. Scope of the Act

This Act applies to the public service, except as provided in article 71 of the Constitution.

5. Governing body of the Commission

(1)  The governing body of the Commission is a Board consisting of

(a) the chairperson,

(b) the vice-chairperson,

(c) the chief executive of the Commission who shall be the member secretary, and

(d) four other persons at least one of whom is a woman, who have expertise in human resource management, wage and salary administration or law.

(2)  The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution.

(3)  The Board shall perform the functions of the Commission.

6. Tenure of office of members

(1)  A member of the Board shall hold office for a period not exceeding three years and is eligible for re-appointment.

(2)  Where a member of the Board, resigns, dies,  is removed from office or is for a sufficient reason unable  to  act  as  a  member,  the  Minister  shall  notify  the  President  of  the  vacancy  and  the  President  in consultation  with  the  Council  of  State  shall  appoint  another  person  to  hold  office  for  the  unexpired portion of the member’s term of office.

(3)  A member of the Board may at any time resign from office in writing addressed to the President through the Minister.

(4)  The President may by letter addressed to a member revoke the appointment of that member.

7. Meetings of the Board

(1)  The Board shall meet at least once each month for the despatch of business at the times and in the places determined by the chairperson.

(2)  The chairperson shall at the request in writing of not less than one-third of the membership of the Board  convene  an  extraordinary  meeting  of  the  Board  at  the  place  and  time  determined  by  the chairperson.

(3)  The quorum at a meeting of the Board is four members of the Board.

(4)  The chairperson shall preside at meetings of the Board and in the absence of the chairperson the vice-chairperson shall preside and in the absence of the vice-chairperson, a member of the Board elected by the members present shall preside.

(5)  Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.

(6)  The  Board  may  co-opt  a  person  to  attend  a  Board  meeting  but  that  person  shall  not  vote  on  a matter for decision at the meeting.

(7)  The proceedings of the Board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member:

(8)  Subject to this section, the Board may determine the procedure for its meetings.

8. Disclosure of interest

(1)  A  member  of  the  Board  who  has  an  interest  in  a  matter  for  consideration  by  the  Board  shall disclose that interest in writing and is disqualified from participating in the deliberations of the Board in respect of that matter.

(2)  A member who contravenes subsection (1) ceases to be a member.

9. Establishment of committees

The Board may establish committees consisting of members of the Board or non-members or both to perform a function.

10. Allowances

A  member  of  the  Board  and  a  member  of  a  committee  of  the  Board  shall  be  paid  the  allowances approved by the Minister in consultation with the Minister responsible for Finance.

11. Ministerial directives

Subject to section 3, the Minister may give directives to the Board on matters of policy and the Board shall comply.

12. Collaboration with other bodies

The Board shall collaborate with other relevant bodies in the performance of its functions under this Act.

13. Secretariat to the Commission

There shall be a Secretariat of the Commission to be headed by a Chief Executive.

14. Chief Executive

(1)  The  President  shall,  in  accordance  with  article  195  of  the  Constitution,  appoint  the  Chief Executive.

(2)  The  Chief  Executive  shall  hold  office  on  the  terms  and  conditions  specified  in  the  letter  of appointment.

15. Functions of the Chief Executive

(1)  The  Chief  Executive  is  responsible  for  the  day  to  day  administration  of  the  secretariat  of  the Commission and is answerable to the Board in the performance of functions under this Act.

(2)  The  Chief  Executive  may  delegate  a  function  to  the  Deputy  Chief  Executive  or  any  senior member.

16. Deputy Chief Executive

(1)  The  President  shall,  in  accordance  with article  195  of  the Constitution, appoint a Deputy Chief Executive.

(2)  In the absence of the Chief Executive, the Deputy Chief Executive shall perform the functions of the Chief Executive.

17. Technical team

The Board shall constitute a technical team to perform the functions of the Commission.

18. Appointment of other staff

(1)  The President shall in accordance with article 195 of  the Constitution, appoint other staff of the Commission  that  are  necessary  for  the  proper  and  effective  performance  of  the functions  of  the Commission.

(2)  Other public officers may be transferred or seconded to the Commission or may otherwise give assistance to the Commission.

(3)  The Commission may engage the services of advisers on the recommendation of the Board.

19. Establishment of the Grievance Review Committee

In furtherance of section 9, there is hereby established a Grievance Review Committee.

20. Composition of the Committee

The Committee shall be chaired by a member of the Board and consist of at least two other persons who are non-members of the Board with experience in

(a) the development of salary systems, and

(b) grading, classification and job evaluation.

21. Functions of the Committee

The Committee shall

(a) examine  documentation  and  recommendations  presented  to  the  Committee  from  the  Chief Executive to grade or re-grade positions in the public service,

(b) determine matters related to grading or re-grading, based on the analysis of the information provided by the secretariat, and

(c) determine the guidelines and procedure to be followed by the staff of the Commission in the analysis of a complaint about grading or re-grading before a grievance is submitted to the Committee.

22. Tenure of office of members of the Committee

(1)  A member of the Committee shall be appointed by the Board and shall old office for a period of not more than three years and is eligible for re-appointment.

(2)  A  member  of  the  Committee  shall  hold  and  vacate  office  in  accordance  with  the  terms  of appointment and may resign from office by notice in writing to the Board.

(3)  If a member of the Committee is by reason of illness, absence or other reasonable cause unable to discharge the duties of office generally or in relation to particular proceedings, the Board may appoint another person to discharge the duties of the member in relation to those proceedings for a period of not more than six months at a time.

(4)  The  person  appointed  by  the  Board  shall  have  the  same  powers  during  the  period  of  the appointment as the member in whose place the person is appointed.

23. Allowance of members of the Committee

A member of the Committee shall have the remuneration that the Minister determines in consultation with the Minister responsible for Finance.

24. Appeal

A person dissatisfied with a decision

(a) of the Committee may apply to the Board for a review of the decision, or

(b) of the Board may apply to the National Labour Commission for a review of the decision.

25. Funds of the Commission

The funds of the Commission include

(a) moneys approved by Parliament,

(b) donations, grants and gifts, and

(c) any other moneys approved by the Minister responsible for Finance.

26. Accounts and audit

(1)  The  Board  shall  keep  books  of  account  and  proper  records  in  relation  to  them  in  the  form approved by the Auditor-General.

(2)  The Board shall submit the accounts of the Commission to the Auditor-General for audit within three months after the end of the financial year.

(3)  The Auditor-General shall, not later than three months after the receipt of the account, audit the accounts and forward a copy of the audit report to the Minister.

(4)  The financial year of the Commission shall be the same as the financial year of the Government.

27. Annual report and other reports

(1)  The Board shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Commission for the year to which the report relates.

(2)  The annual report shall include the report of the Auditor-General.

(3)  The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.

(4)  The Board shall also submit to the Minister any other reports which the Minister may require in writing.

28. Power to obtain information

(1)  The technical team may require any person to provide information related to this Act by notice in writing.

(2)  The information shall be provided within twenty-one days after service of the notice.

(3)  A  person  who  fails  to  provide  the  information  requested  commits  an  offence  and  is  liable  on summary conviction to a fine not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both and in the case of a continuing offence to a further fine of ten penalty units for each day during which the offence continues after written notice has been served on the offender by the Commission.

(4)  Where the offence is committed by a company or body of persons, the penalty shall be a fine of not more than one thousand penalty units, and

(a) in the case of a body corporate, other than a partnership, each director or officer of the body is considered to have committed that offence, and

(b) in  the  case  of  a  partnership,  each  partner  or  officer  of  that  body  is  considered  to  have committed that offence.

(5)  A  person  is  not  considered  to  have  committed  the  offence  under  subsection  (3),  if  the  person proves that the offence was committed without the person’s knowledge or connivance and that the person exercised  due  care  and  diligence  to  prevent  the  commission  of  the  offence  having  regard  to  all  the circumstances.

29. Existing arrangements

(1)  A public agency concerned with

(a) the classification of salaries, and

(b) negotiation of terms and conditions of service for public servants,

before the commencement of this  Act, shall cease to be responsible for the classification or negotiation twelve months after the commencement of this Act.

(2)  To be concerned with classification or negotiation means placement on pay scales, adjustments to salaries and any other aspect connected to these.

30. Regulations

The Minister may, on the advice of the Board, by legislative instrument, make Regulations

(a) on the form of notice or other documentation required under this Act;

(b) on grievance procedure; and

(c) generally for the effective implementations of this Act.

31. Interpretation

In this Act, unless the context otherwise requires

Commission” means the Commission established under section 1;

Committee” means Grievance Review Committee;

classification” means grouping jobs with the same content and value in the same class;

critical skill” means performance in a job where personnel is in short supply;

enactment” means legislation made in accordance with the Constitution;

Government” means any authority by which the executive authority of the country is exercised;

Labour Commission” means the Commission established under the Labour Act, 2003 (Act 651);

Minister” means Minister responsible for Employment;

public agency” means a body set up by the Government in the public interest with or without an Act of Parliament;

public interest” includes a right or advantage which enures to or is intended to enure the general benefit of the people of this country;

public service” includes service in any civil office of  Government, the emoluments attached to which are paid directly from public funds and service with a public corporation;

public funds” means the Consolidated Fund, the Contingency Fund and other funds that may be established by or under an Act of Parliament;

salary” includes allowances, and retiring benefits;

wage” means money payable by an employer to an employee at intervals of less than a month in respect of service rendered.

32. Repeal

The  Public  Services  Commission  Act,  1994  (Act  482)  is  amended  in  section  4  by  the  repeal  of paragraphs (h), (k) and (l).

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