INDUSTRIAL TRAINING ACT INTRODUCTION

The Industrial Training Act cap 237 is an act of Parliament under the Ministry of
Labour, Department of Directorate of Industrial Training that came into operation on
May 16th 1960 to make provision of the regulation of trainings of persons engaged
in industry.

Under the Act cap 237, all employers are required to register with the DIT
(Directorate of Industrial Training) and pay an Industrial Training Levy currently at
the rate of Kshs.50/- per month, on or before the last data of every month.

It is an offence for an employer to fail to register to pay this levy, failure to which a
sum equal to five per cent of that amount is usually added to the amount for each
month or part of a month there after that the amount due remains unpaid.

MAIN FUNCTIONS OF DIRECTORATE OF TRAINING (DIT)

1. Secure the greatest possible improvement in the quality and efficiency of

training of personnel engaged in industry.

2. Ensure an adequate supply of properly trained manpower at all levels of

industry.

3. Share cost of training as evenly as possible between employers.

4. Advise the minister concerning the review and maintenance of a system or

systems for holding of tests in respect of trades, occupation and for granting
of certificates of efficiency to, and the making of reports upon, persons who
enter tests.

5. Investigate any dispute or matter arising out of contract of apprenticeship or

indentured leadership reffered to it by the Director, and settle the disputes
amicably.

6. Investigate and make recommendations to the minister on any matters

connected with CAP 237.

MAIN COMPOSITION OF (DIRECTORATE OF INDUSTRIAL TRAINING)

For the purposes of CAP 237, there shall be a National Industrial Training council of
not less than eighteen members

1. Six shall represent employers

 2. Six shall represent employees

3. Not less than six to represent other interest.

DRAW

According to the chapter 237, Training Act of 1983 an apprentice is defined as a

person bound by a written contract to serve an employer for determined period of
not less than 4 years with a view of acquiring knowledge through theory and
practise.

In this arrangement, the employer is bound to instruct that person.

Who may bind himself as an apprentice?

For one to qualify to be an apprentice, he/she must have the following:

a) Must have attained the age of 15. A minor may bind himself but is required to
obtain the consent of his parents/guardian and in the absence from a D.O. or
Labour officer

b) Must have completed any period of compulsory education required by law

c) Must have attained the qualifications required to pursue the trade or desired
occupation

d) Must be medically certified as fit to pursue the occupation. The cost of the
medical examination shall be at the expense of the employer.

Employer requirement:

Prior to employing an apprentice, an employer is required to :

1. Obtain written permission of the Director of Industrial Training to do so.

The director will specify the maximum number of apprentices that may be
employed at any one time. The DIT is currently using a ratio of 1:3

2. The employer must also prove that his/her establishment offers reasonable
opportunities for proper training of the apprentice.
3. Must have a written contract of apprenticeship or indentured learnship which
must be presented with 14 days to the director of Industrial training for
registration.

4. Must ensure that the apprentice or indentured learner is medically certified at

his/her own expense and that the medical certificate is submitted to the
director

Registration of the contract

No contract of apprenticeship or indentured learning is binding unless it is

registered. The director may decide to register a contract on the following
grounds:

a) If he determines that it is not in the best interest of apprentice/indentured

learner

b) If it is not made in accordance to the provisions of the act

Dissatisfied parties may appeal to the ministry within 30 days of

communication of the decision.

Where the director registers a contract he is required to

Endorse the particulars of the registration on the original & duplicate copies
of the submitted contract.

c) Return the endorsed copy and duplicate to the employer. The employer is
then required to ensure that the apprentice/indentured learner receives one
copy for his record.

Transfer of the learnership to another employer:

1. The rights and obligations of the employer under the apprentice contract are
transferable to another employer and such transfer shall take effect when the
instrument of transfer has been reduced to writing and if the employer gets
the concent of the learner and approval of the director.

Such a transfer has to b registered by the director.

The employer to whom the rights and obligations are being transferred shall
lodge the instrument of transfer with the director for registration.
Termination of the contract

This contract may be terminated if:

a) By mutual agreement by both parties

b) By the director of the instance of either party

c) By the director at the instance of the council

The termination has to be endorsed by the director upon the registered copy of the
contract of apprenticeship.

Probating period

The contract shall have 6 months probationary period

Should an employer require to terminate the contract while on probationary period

he/she is required to give notice to the director.

If an apprentice commits a serious breach of his contract, the employer may

suspend the apprentice but is required to report the matter in writing to the director
within 3 days.

The director may also order the suspension of an apprentice pending investigation.

Offenses

The following are areas that constitute offenses according to the act

1. If an employer fails to give notice of termination or extension of the contract

2. A person who induces or attempts to induce an apprentice or indentured

learners to quit the service of his employer

3. If an employer who fails to give notice of the termination of a contract

4. An employer who fails to report the suspension of an apprentice or

indentured learner

5. If the employer fails to keep the required records

Records

An employer is required to keep records of the apprenticeship for a period of 3

years after the date of the last entry.
It is also required to maintain records of remuneration and time worked.

Also it is important to note that an apprentice under the age of 17 is not required to
work overtime.

Duties and functions of the council

a) It secures the greatest possible improvement in the quality and efficiency of

the training personnel.

b) It secures adequate supply of properly trained manpower at all levels.

c) Shall the cost of all industrial training undertaken in pursuance of the act as
evenly as possible between employers.

d) It advices the minister from time to time concerning the institution, review
and maintenance of a system or systems for the holding of tests in respect of
trades and occupations generally or any particular trade or occupation and
for the granting of certificates of efficiency to and the making of reports upon
persons who enter for these texts.

e) It investigates any dispute or other matter arising out of a contract of

apprenticeship or indentured learnship reffered to it by the director and settle
the dispute amicably.

f) If performs duties and functions in regard to another matter concerning

apprenticeship or indentured leadership as may be described.

g) At the request of the minister or maybe its own motion, investigates and
makes recommendations to the minister on any matters connected with the
Act.

Duties and functions of the committee

A committee shall from time to time or whenever directed by the council submit
proposals for the raising and collecting of training levy on employers in the industry
in respect of which the committee is established.

If a committee fails to comply within a reasonable time with a direction of the

council under subsection (1) to submit proposals which appear to the unsatisfactory
then the council may direct the committee to submit those proposal or as the case
may be, such proposals, within a specified time.
If the committee fails to comply with the direction or the proposals submitted in
pursuance of which it appears to the council unsatisfactory the council may make
an order declaring the committee to _________

On making of an order to declaring the committee to be at default, the members of

the committee shall forthwith vacate their offices and the order may contain such
provisions as seem to the council expedient for authorizing any person to act in the
place of the member of the committee during such period, not exceeding six
months, as may lapse before ____ members are________

If proposals of a committee, or of a person acting on behalf of the committee are

approved by the council. The council shall submit those proposals to the minister.

Training Levies

The minister may make a training levy order for the purpose of giving effect to
proposals submitted by the crucial and approved by him, and order may provide for
the amendment of a previous training levy order.

A training levy order may contain provisions as to the evidence by which a persons
liability to the levy or his discharge of that liability may be established and as to the
time at which any amount payable by any person by way of the levy shall become
due and the manner in which it shall be recoverable to the director.

If a person fails to pay an amount payable by him by way of the training levy within
the time prescribed by the training levy order a sum equal to five per cent of that
amount shall be added to the amount for each month or part of a month thereafter
that the amount due remains unpaid. A person who fails to comply with any
provision of a training levy order shall be guilty of an offense.

Disbursement policies of director

All money received in respect of a training levy order shall be paid into a training
levy fund established in respect of the industry to which that order _________

The director acting on the advice of the council, may make payments out of the
fund for the following purposes:
a) Payment of maintenance and travelling allowances to persons attending
training courses.

b) Making grants or loans to persons providing courses or training facilities

c) Payment of fees to persons providing further education in respect of persons

who receive it in association with their training.

d) Reimbursement of an employer for all or part of his training costs including

fees, instructions costs, material costs and wages of apprentices or
indentured learners while attending training courses.

e) Payment of sitting allowances and hardly, accommodation, and

entertainment expenses for members of the committee and any sub-
committees set up under them while attending meetings or those
committees and sub-committees.

f) Payment of examiners, fees for setting, moderating, in vigilating and making

proficiency tests for apprentices and indentured learners, and their travelling
and accommodation expenses.

g) Payment of honoraria to institutions for conducting evening courses and such

other expenditure related to training as may be approved by the minister.

In any case where the council withholds its approval for any payment or the
director refuses to make a payment approved by the council, then the matter
shall be referred to the minister who makes the final decision.

The director is expected to keep all proper books of account and other books and
records in relation to a fund and shall within such period after the end of each
financial year as the minister shall specify, prepare a balance sheet showing in
detail the assets and liability of each fund as at the end of that year and in such
form as the minister shall specify, statement of account of each fund for that
year. The accounts shall be examined , audited and reported upon in accordance
with the exchequer and audit act by the controller and auditor general.

Permission to employ apprentices and indentured learners

No person shall employ an apprentice without first having obtained the written
permission of the director, the director’s permission also specifies the maximum
number of apprentices to be employed at any one time.

No permission is given unless the person applying therefore satisfies the director
that his establishment offers reasonable opportunities for the proper training of
the apprentices or the number of apprentices proposed to be employed by him.
 A person can appeal to the minister if he’s not granted permission by the
director, after the minister consults with the council, the decision thereon is final.

If a person employs an apprentice without having first obtained the written

permission of the director or having obtained the written permission of the
director, employs at any one time an excess of the maximum number specified
shall be guilty of an offense.

Who may bind himself as an apprentice or indentured learner?

A person who:

a) Has attained the age of written fifteen years and has completed any period of
compulsory education, required by law.

b) Has in the case of a trade or occupation in respect of which a scheme has

been made, the qualifications prescribed under that scheme and has been
certified fit may bind himself as an apprentice or as an indentured learner in
any trade or occupation.

A person who is a minor shall not bind himself except with the consent of is
parent or guardian or the district officer or labour officer, this shall only
happen throughout its currency not withstanding that he may have in the
meantime attained his majority.

Criticism

However much the council has been given certain duties and functions to performs,
only a small number of the persons that make up a council have the power to cast a
vote on an order made.

The quorum of a council constitutes of a chairman or a vice chairman and five other
members. It does not necessarily mean that of the five members, the employees,
employers and other interests will be catered for, depending on how the quorum is
selected, only employers and employees or other interests can constitute it. The
alternate chosen to represent the chairman or vice chairman may not be trained to
handle such matters.

The committee as given very little power and the duties and functions performed
are only the submission of proposals and if the council finds them unsatisfactory the
committee can be found to be at default and however much the council authorized
any person to act in place of the member of the committee the person may be
reluctant and not fully trained to take up the position.

The director has been given too much power to determine how the money collected
in the training levy fund is to be used. If the director happens to be corrupt, he may
use the money for his personal gains because he just one person and however
much he answers to the minister and submits accounting books to show how he’s
used the money, it’s very easy to cook figures.

In Kenya a minor is an individual who is not yet 18 years old, a minor being a person
who is 15 years and below is way too young to understand the laws bound by the
contract of apprenticeship or indentured learners.

Disclosure of information being an offense.

- A member of the council or a public officer who discloses to any person,

information in relation to the financial affairs or plant or equipment shall be
guilty of an offense.

Criticism – this section may be used by other person to falsify stolen information
from certain plant financial affairs or individuals equipment of persons to
incriminate a public officer or a council member thereby making them prone to
criminal offense.

Bankruptcy – a contract of apprenticeship or indentured learnership is discharged

by the apprentice or indentured learner giving notice in writing to the trustee in
bankruptcy to that effect, the trustee shall, within a period of one month of
receiving the notice, notify the director thereof, and failure so to notify the director
shall be an offense, without prejudice however to the complete discharge of the
contract.

Criticism – an indentured learner can be penalized of an offense that can be fine of

not less than six thousand shillings or imprisonment of up to six months if the
director is not notified which can be the mistake of bankruptcy trustee.
Rules

The rules are made by the minister prescribing:

a) Form of apprenticeship or indentured learnship

b) Proving educational standards or birth

c) Nature of returns and the periods

d) Procedure for the registration and transfer of contracts, notification of expiry

or termination of contracts.

e) Issuance of certificates by employers

f) Manner on how to conduct tests to asses occupational skills of person in

particular trade or occupation.

g) Certificates, reports, and documentary evidence to be granted or issued tests

completion.

Criticism - The Act provides the minister with so much power to make rules on
different trades or occupations by many methods. This can be absence of
mistakes to certain occupations he/she may not be familiar with. The rules may
not be conducive to such apprenticeship involved in those occupations.

Exemptions

The director with approval of the council, may in the case of a particular
contract, exempt any person from any provision of this Act or of any rule made
thereunder or from condition of apprenticeship contained in any scheme. The
exemption may at any time by withdrawn by the director with the council
approval.

Criticism – the power to exempt should not be vested in the council. The director
may form a tendering to prevail upon the council to exempt some preferred
apprentices to favour or his own gain. So a committee should be set up to look
into exemptions fairly.

Application for a trade test

The application time is too long that is four months, and the notification on the
date of the trade test is not certain.

The director has the power to accept or reject an application of a trade test in
more than one occupation if he has the necessary skills and qualification. This
can be contentious.

Marks and ratings for trade test

A total of one hundred marks for each trade test held under the rules, which
shall consist of seventy marks for the practical test and thirty marks for the oral
and written. And the pass mark shall not be less than an aggregate of sixty
percent. A person who fails shall not undergo a second trade test until after six
months from the date of the first trade test.

Criticism – The pass mark is too high and can lock out many candidates. It
should be reduced to forty percent.

Area________ of a trade test should be made to be done as soon as another trade

test is to scheduled to take place. The six months is punitive.

Offences and penalties

A person who knowingly or without authority:

a) Posses a certificate to which he is not entitled, or

b) Being entitled to passes a certificate parts with it to a person not entitled; or

c) Fails to produce or surrender a certificate issued under these rules without

good and sufficient cause; or

d) Alters or defaces a certificates issued under these rules or makes a facsimile

of the certificate with intent to deceive or defraud,

Shall be guilty of an offense and liable to a fine not exceeding one thousand
shillings or to imprisonment for six months or both.
Criticism – the offenses here are very grave and the punishment should include a
lumpsum amount such as 10,000 shillings or 10 years imprisonment so as to deter
would be offenders.