LAWS RELATING TO TRAINING OF WORKERS
7.1 Meaning and history of Industrial training
In the context of preparation for occupational roles, ‘education’ meaning instruction and learning broadly relevant to performance in all or a considerable number of occupational roles. ‘Training’, on the other hand is instruction and learning concerned with good performance of a specific task or set of tasks making up a job occupation. Training in the public sector and private industry can be institutional or internal, formal or informal, or a variety of combinations of these formats.
In June 1968 a plan of operation for a National Industrial Vocational Training Centre (NIVTC) was signed by the Kenya Government with the ILO. This began Phase 1 of an ILO project to assist Kenya in the establishment of national programs of industrial training. In 1970 the Kenya Government enacted the Industrial Training Act (ITA) which provided for the regulation of the training of apprentices and the establishment of training schemes under a Directorate of Industrial Training in order to ‘encourage and assist industries in their training efforts’. In 1971,the National Industrial Training Council(NITC) was created under the Act and an Industrial Training Levy was established. The council was created as a tripartite authority (employers, employees and government) responsible for establishing training committees for each industry incorporated in the levy and training schemes. In 1971, the building and civil engineering industry became the first to be officially registered and levied under the Act. The purpose of the Act was to provide a means of standardization and coordination of training for the private sector.
Industrial Training Act
Industrial training in Kenya falls within the purview of the Industrial Training Act, Chapter 237 Which is an Act of parliament to make provisions for the regulation of the training of persons engaged in industry. The Act was enacted in 1960 and has been revised several times including 1983 and recently 2012.the Act is administered by the Director of Industrial Training(Now Director General) in the Ministry of Labour and Human Resource Development under the general guidance of the National Industrial Training Council(Currently National Industrial Training Authority) which is a tripartite body which consisting of six members each representing employers, and workers and not less than six members chosen to represent the Government and others interests.
Terms in Industrial Training Act (ITA)
“apprentice” means a person who is bound by a written contract to serve an employer for such period as the Board shall determine with a view to acquiring knowledge, including theory and practice, of a trade in which the employer is reciprocally bound to instruct that person; “Authority” means the National Industrial Training Authority established under section 3; “Board” means The National Industrial Training Board established under section 4;
“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to labour;
“Committee” means a Training Committee established under ITA
“Director-General” means the Director-General of the Authority
“employee” means a person employed for wages or salary and includes an apprentice, indentured learner, temporary, seasonal and casual worker;
“employer” means any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any person, and includes— an agent, foreman or manager; and an heir, successor, assignee or transferee of that person, public body, firm, corporation or company;
“indentured learner” means a person, other than an apprentice, who is bound by a written contract to serve an employer for a determined period of not more than two years with a view to acquiring knowledge of a trade in which the employer is reciprocally bound to instruct that person;
“Industrial attachment” means the placement of a person in a workplace for the purpose of gaining knowledge and practical skills;
“Industrial training” means training for a specified industry;
“Industry” means a trade, occupation, profession or an economic sector for which a training committee has been established for purposes of this Act;
“Inspector” means an inspector appointed by the Minister
“Minor” means a person under the age of eighteen years;
“The minister” means the minister for the time being responsible for matters relating to labour; “trade” means a skilled occupation;
“Trainer” means any person, firm, or institution registered under this Act
7.2 Legal provisions regarding National Industrial Training Authority (NITA)
Establishment of the Authority (Section 3)
(1) There is established an Authority to be known as the National Industrial Training Authority. (2) The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name be capable of—
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property;
(c) borrowing or lending money;
(d) entering into contracts; and
(e) doing or performing all other things or acts for the proper performance of its functions under this Act, which may be lawfully done or performed by a body corporate
Powers and functions of the Authority
The Authority shall be responsible for—
(a) Industrial training;
(b) Assessing and collecting industrial training levy and fees;
(c) Regulating registered trainers
(d) Developing industrial training curricula;
(e) Integrating labour market information into skills development;
(f) Harmonizing curricula and certificates of competence;
(g) Assessing industrial training, testing occupational skills and awarding certificates including Government trade test certificates;
(h) Equating certificates;
(i) Accrediting institutions engaged in skills training for industry;
(j) Associating or collaborating with any other body or organization within or outside Kenya as the Board may consider desirable or appropriate and in furtherance of the purposes for which the Authority is established;
(k) Charging for goods and services offered by the Authority; and
(l) Performing any other duties and functions as may be conferred on it by this Act or by any other written law.
(m) Establish, manage and promote industrial training centres in the countries.
(1) The headquarters of the Authority shall be in Nairobi, or such other place as the Board may, with the approval of the Cabinet Secretary
Establishment of National Industrial Training Board (section 4)
(1) There shall be a Board to be known as the National Industrial Training Board which shall consist of—
(a) a chairperson appointed by the Cabinet Secretary;
(b) the Principal Secretary of the Ministry for the time being responsible for matters relating to labour or a representative duly appointed in writing;
(c) the Principal Secretary of the Ministry for the time being responsible for matters relating to science and technology or a representative duly appointed in writing;
(d) the Principal Secretary of the Ministry for the time being responsible for matters relating to finance or a representative duly appointed in writing;
(e) members nominated as follows and appointed by the Cabinet Secretary—
(i) three persons nominated by the Federation of Kenya Employers; and
(ii) three persons nominated by the Central Organisation of Trade Unions; and
(f) one other member appointed by the Cabinet Secretary.
(1A) A person shall not be eligible for appointment as the chairperson or member of the Board, other than an ex-officio member unless that person—
(a) has at least five years experience in matters relating to technical education, industrial training, technology, finance, law, human resource management, financial management, public administration, public policy, advocacy or education administration; and
(b) has a proven record of personal integrity, competency and accountability.
(1B) In appointing the members of the Board, the Cabinet Secretary shall ensure that not more than two thirds of the members are of one gender and at least one member represents persons with disabilities.
(2) No person shall be appointed as a member if he—
(a) is insolvent or has conveyed or assigned his property or has made a composition or arrangement for the benefit of his creditors; or
(b) is of unsound mind; or
(c) has been sentenced by a court to imprisonment for a term of six months or more within the preceding five years.
Powers of the Board
The Board shall exercise all powers necessary for the proper performance of its functions under this Act and in particular but without prejudice to the generality of the foregoing, the Board shall have power to—
(a) control, supervise and administer the assets of the Authority in a manner that best promotes the purposes for which the Authority is established;
(b) determine the provision to be made for capital and recurrent expenditure and for reserves of the Authority;
(c) receive any grants, gifts, donations or endowments on behalf of the Authority and make legitimate disbursements therefrom;
(d) open a bank account or bank accounts for the funds of the Authority;
(e) administer training levy funds;
(f) invest any funds of the Authority not immediately required for the purposes of the Authority; and
(g) Appointing directors and other officers and staff as may be necessary for the purpose of this Act on such terms and conditions of service as the board may determine i.e set terms and conditions of service for employees of the Authority.
Remuneration of members
The Authority shall pay members of the Board such remuneration, fees, or allowances and other expenses as the Board may, with the approval of the Minister.
Duties and functions of the Board
The Act provides that the Board shall perform the following duties and functions;
- Secure the greatest possible improvement in the quality and efficiency of the training of personnel engaged in the industry.
- Ensure an adequate supply of properly trained manpower at all levels in the industry.
- Share the cost of all industrial training training undertaken in pursuance of this Act as evenly as possible.
- Review and maintain a system or systems for the holding of tests in respect of trades and occupations generally or any particular trades and occupation.
5.investigate any dispute or other matter arising out of a contract of apprenticeship referred to it by the Director-General and to settle the dispute amicably.
- Perform such duties and functions in regard to any other matter concerning apprenceship as may be prescribed.
- Investigate any matters connected with this Act and take the necessary action.
7.3 Functions of the Directorate of Industrial Training
(1) The Director- General of the Authority is the chief executive of the Authority, and secretary to the Board and the Committees.
(2) The Director-General is appointed by the Board on such terms and conditions of service as the Board may determine.
(3) The Director-General will hold office for one term of five years and shall be eligible for re-appointment for one further term of five years.
(4) A person shall not be appointed Director-General unless that person—
(a) is a holder of a degree in the field of engineering, technology, administration, finance, technical or industrial education, from a recognized university; and
(b) has at least fifteen years working experience in a related field, five of which shall be in matters relating to industrial training.
(5) The Director General subject to the directions of the Board, is responsible for the day to day management of the Authority.
7.4 Training Committees
(1) The Board may establish training committees to exercise functions of the Board in relation to training in specified industries.
(2) A Committee shall consist of such number of persons appointed in writing as the Board may determine, to represent—
(a) employers in the industry concerned;
(b) employees in the industry concerned; and
(c) other interests, and the Board shall appoint a chairperson and vice-chairperson of such Committee from amongst the members.
(3) The chairman and other members of a Committee shall hold office for such period not exceeding three years as may be specified at the time of appointment, and a retiring member shall be eligible for reappointment.
Duties and functions of Committees
(1) A Committee shall from time to time and whenever so directed by the Board submit to the Board proposals for the raising and collection of a training levy on employers
7.5 Employment of apprentices and indentured learners
Permission to employ apprentices
(1) No person shall employ an apprentice without having first obtained the written permission of the Director-General so to do; and the Director-General’s permission shall specify the maximum number of apprentices who may be employed at any one time by the person to whom the permission is given.
(2) No permission shall be given under this section unless the person applying therefor satisfies the Director-General that his establishment offers reasonable opportunities for the proper training of the apprentice or the number of apprentices proposed to be employed by him.
Permission to employ indentured learners
(1) No person shall employ an indentured learner without having first obtained the written permission of the Director-General so to do; and the Director-General’s permission shall specify the maximum number of indentured learners who may be employed at any one time by the person to whom the permission is given.
(2) No permission shall be given under this section unless the person applying therefor satisfies the Director-General that his establishment offers reasonable opportunities for the proper training of the indentured learner or the number of indentured learners proposed to be employed by him.
7.6 Legal provisions regarding Industrial attachment
(1) A person who—
(a) has attained the age of eighteen years;
(b) is undergoing training in a programme requiring industrial attachment; and
(c) is a lecturer or instructor in a training institution registered under this Act, or
(e) has applied for industrial attachment and in the opinion of the Director- General may benefit from skills acquired in industry, may be admitted for industrial attachment.
(2) A minor shall not be admitted for industrial attachment except with the consent of his parent or guardian or if there is no parent or guardian, with the consent of the Director-General.
(3) An employer who wishes to admit any person for industrial attachment under this Act shall first obtain the written permission of the Director-General.
(4) No permission shall be granted unless the employer satisfies the Director-General that the establishment to be used for industrial attachment offers reasonable opportunity for the proper training of the person or number of persons proposed for industrial attachment.
Registration of trainers
(1) A person who wishes to be registered as a trainer under this Act shall apply for registration to the Director- General in the prescribed form.
(2) No person shall be registered unless the trainer satisfies the Director-General that he offers reasonable facilities and opportunities for proper training in the field specified in the application.
(3) For purposes of registration under this section, the Director-General may conduct such inspection or carry out such investigations as he may consider necessary.
(4) A person who—
(a) having been registered as a trainer under this section contravenes any conditions subject to which the registration was granted;
(b) uses any unqualified persons for purposes of training under this Act;
(c) issues a certificate to any person who has not completed training under this Act; or
(d) issues any receipt, invoice or other document in respect of any training under this Act which contains any false particulars, shall be guilty of an offence.
(5) The Director-General may deregister a trainer who contravenes the provisions of this section.
Medical examination of apprentices and indentured learners
Every person before entering into a contract of apprenticeship or indentured learnership shall be medically examined at the expense of the employer by a medical practitioner; and a medical certificate to the effect that the person is fit to be employed in the trade concerned shall be obtained by the employer.