Updated T-Pay Deduction Guidelines .
Updated T-Pay Deduction Guidelines . Revised T-Pay Deductions For All TSC Teachers .
IntroductionÂ
The Teachers Service Commission (TSC) functions under Article 237 (1) of the Constitution, with clear mandates outlined in Article 237 (2), particularly regarding teacher registration and employment in public schools. The Commission’s operations are governed by the Teachers Service Commission Act No. 20 of 2012.
Powers and Functions
The Commission is authorized under the Act to formulate policies, provide strategic direction, oversee the secretariat, manage employee payroll, and execute other necessary functions actively.
Legal Context
Additionally, the Empowerment Act and the Labour Relations Act mandate the Commission to maintain positive industrial relations with employees and stakeholders, fostering sound labour relations.
Review and Development
In 2014, the Commission established guidelines for managing the payroll check-off facility. These guidelines, utilized for six years, are undergoing review to address emerging issues, including the adoption of the T-Pay platform.
Definitions of Terms
These guidelines are referred to as the “Teachers’ Service Commission Guidelines in Management of the Payroll Check-Off facility.” Various terms such as “ability,” “check-off system,” “deduction code,” “employer,” “guarantor,” and “stop order” are defined for clarity and consistency.
Rationale
The Commission has encountered challenges with third-party transactions, including complaints about unauthorized deductions, fraudulent documents, and negligence in due diligence by third-party firms. These challenges have strained resources and integrity in payroll management.
Review Objective
To address these challenges, the guidelines are under review to ensure efficient management of third-party transactions.
Objectives
The guidelines aim to regulate the management of the TSC payroll check-off facility.
Purpose
The guidelines aim to streamline and regulate the management of the TSC payroll check-off facility, ensuring compliance and protecting employees from exploitation.
Application
The guidelines apply to all third parties transacting on the Commission’s check-off facility, effective from April 1, 2021.
Establishment of 3rd Party Management Committee
A Third Party Management Committee, comprising various Commission officials, is established to oversee third-party transactions and ensure compliance with guidelines.
Admission to the TSC Check-Off Facility
Entities seeking admission to the check-off facility must meet specified requirements, including tax compliance, certification, and operational history.
Online T-Pay System
The T-Pay platform enhances efficiency, enforces regulatory compliance, empowers employees, and minimizes fraudulent transactions.
One Third (1/3) Rule
Deductions through the check-off facility are limited to two-thirds (2/3) of an employee’s basic salary, as per the Employment Act (2007).
Trade Union Dues and Agency Fee
Trade union dues and agency fees are deducted in accordance with the Labour Relations Act, based on membership and collective agreements.
Stop Order
Third parties are responsible for stopping deductions upon clearance of an employee’s liabilities, with the Commission authorized to intervene if necessary.
Action Against Defaulters
Third parties are required to pursue all means, including legal action, to recover defaulted amounts, while employee misconduct may result in disciplinary action.
Admission to the Check-Off Facility
Third parties seeking admission must formally apply and meet evaluation criteria, with the Commission retaining discretion over admission decisions.
Renewal of Admission to the Check-Off Facility
Existing third parties must seek renewal every five years, adhering to application procedures and payment of renewal fees.
Service Charge
Third parties are required to pay a service charge for various services provided by the Commission, including deduction processing, data management, and reporting.
Termination of the Check-Off Facility
The Commission may terminate the check-off facility under various circumstances, including non-compliance with statutory provisions, illegality of deductions, bankruptcy of the third party, fraudulent practices, or regulatory changes.
Contact Persons
Third parties must appoint designated contact persons to manage check-off facility matters, as specified in the application form.
General Provisions
All parties involved must adhere to these guidelines and any future regulations related to the check-off facility through the T-Pay application.
Offences and Misconduct
Various offences and acts of misconduct related to the management of the check-off facility are outlined in the first schedule.
Sanctions
The Commission may impose sanctions such as warnings, disciplinary actions, suspension, or barring from using the check-off facility for breaches of regulations.
Conclusion
These guidelines aim to enhance transparency, accountability, and efficiency in managing the TSC payroll check-off facility, benefiting both the Commission and its employees.
