COLLECTIVE AGREEMENT BETWEEN DELMAS SHIPPING GHANA CMA-CGM GROUP LIMITED AND MARITIME & DOCKWORKERS UNION OF GHANA TRADES UNION CONGRESS (GTUC)
PREAMBLE
This Agreement entered this 4 June 2014 between DELMAS SHIPPING GHANA, CMA-CGM Group LIMITED (herein referred to as the Company) and the MARITIME AND DOCKWORKERS UNION OF THE GHANA TRADES UNION CONGRESS (MDU OF GTUC) officially certified under the LABOUR ACT 2003 (Act 651) and any amendment thereto as the negotiating body, provides for the employment and conditions of LABOUR which shall apply to all Employees of the said company for whom the Union has been certified to negotiate.
ARTICLE 1 - PURPOSE AND INTENTION
It is the intention and purpose of the parties that this Agreement, which supersedes all previous Agreements, customs and practices, will promote peaceful co-operation and understanding between the company and the Union. Parties hereto acknowledge the rights and responsibilities of the other and agree to discharge such responsibilities under this Agreement. In implementing this Agreement, the importance of effective consultation and communication is recognized by both parties thereto. To this end, the parties hereto affirm that, should any dispute arise between them, it shall be examined in this same spirit and settled in accordance with the procedure outlined in this Agreement.
ARTICLE 2 - RECOGNITION
The company recognizes the Union as the sole and exclusive Collective Bargaining representative of the employees as defined in this Agreement, and agrees to bargain collectively with the Union on behalf of such employees in all matters pertaining to rates of pay, wages, working hours and other terms and conditions of employment.
ARTICLE 3 - SCOPE AND COVERAGE
[i] This Agreement shall apply to all employees who are in the employment of the company on the date of this Agreement. It shall equally apply to employees, who are engaged by the company while the agreement is in force.
[ii] Definitions
In this agreement, unless context otherwise requires, the term:
a.“Company” shall mean ‘Delmas Shipping Ghana, CMA-CGM Group Limited”.
b.“Union" shall mean “MARITIME AND DOCKWORKERS UNION OF GTUC
a. “Local Union” shall mean MDU-Delmas Shipping GHANA, CMA-CGM Group LIMITED.
b. “Employee” shall mean all permanent, probationary and non-permanent male and female workers engaged by the company from time to time.
c. Casual Labour shall apply to any person employed on a non-permanent basis to cater for fluctuations in business demands.
d. Temporary Employee shall apply to any employee who has been employed for a period not exceeding twelve (12) months for a particular job the duration of which is not stated and whose services may no longer be required on the completion of a particular job. If the temporary employee is transferred to a permanent job, his employment shall commence from the date on which he was engaged as a permanent employee.
e. “Salary” shall mean substantive basic salary excluding any form of allowance
f. “Family” means an employee, a registered spouse, and children or dependants up to the age of 18 or a student who is neither employed nor married and up to 24- years if they are in any institution of higher education
g. “Next of kin” means a member of family nominated by the employee to be informed in the event of death, accidents, sickness etc of the employee.
h. Reference to the masculine Gender in this agreement shall also include feminine Gender where appropriate.
i. “Month” means one calendar month.
j. “Leave Year” means a year calculated on the basis of the date on which an employee first assumes duty.
k. “Year” means a period of twelve (12) calendar months.
l. “Remuneration” means salary and all relevant benefits.
m. “Management” means General Manager or Dep. General Manager
n. “Dependants” means Biological or legally adopted child
ARTICLE 4 - INDIVIDUAL CONTRACT
No employee covered by this Agreement shall be compelled to enter into any separate contract or agreement with the company covering the conditions and terms of employment, wages, and rates of pay and hours of work as appearing in this agreement or shall be allowed to be bonded to the company without prior discussion with the union.
ARTICLE 5 - EXISTING CONDITIONS
Any existing conditions and terms of employment, either written or oral, not mentioned in this Agreement and are not inconsistent with the terms and conditions of this Agreement shall be considered as part of this Agreement.
ARTICLE 6 - CONDITIONS OF EMPLOYMENT (PROBATIONARY PERIOD)
Co-operation between the Parties
[i] Subject to the Company’s right of final selection of employees for the purpose of this Agreement, the Company shall carry out the provisions of the Labour Act and regulations and subsequent amendments, and seek the co-operation of the Maritime & Dockworkers’ Union in all matters of employment.
[ii] Every new employee other than temporary or casual employee shall on engagement undergo a probationary period not exceeding 3(three) months. No employee shall be compelled to work more than one probationary period. If an employee is discharged or terminated during this probationary period as a result of adverse report on him and is re- hired within six [6] months thereafter, the days worked prior to such discharge or termination, shall be added to the days worked after re-hire in determining the completion of his probationary period.
[iii] Unless informed in writing by the Company with a copy to the Local Union to the contrary, an employee who has completed his probation shall be deemed to have been confirmed in his appointment.
[iv] Before a probationer’s service with the Company is terminated for unsatisfactory work, his performance shall be appraised at the end of his probationary period and the results of the appraisal made known to him in writing with copy to the Local Union.
[v] Any non-permanent employee who has been working satisfactorily on a casual or regular basis for a period of 132 working days within a calendar year shall be confirmed in the permanent establishment of the Company. Where the establishment cannot absorb such an employee, he shall meanwhile, be placed on a guarantee wage/salary equivalent to the monthly wage/salary of his classified job as appearing in the Appendix attached to this Agreement.
[vi] All newly-engaged permanent employees shall undergo medical examination, be given letters of appointment with copies to the Local Union indicating a salary point, salary scale, effective date, probationary period, job title, grade, and department/section assigned.
[vii] The Company shall keep a permanent employment record for all categories of employees. This record shall be made available for examination by the Union or Local Union at any time.
[viii] Printed copies of this Agreement including all appendixes and amendments or additions that will be mutually made from time to time by the parties hereto and shall be handed over to all employees covered by the Company within three [3] months from the date of signing the Agreement.
ARTICLE 7 - TRADE UNION ACTIVITIES AND SECURITY
Section 1 - Union Membership and Check Off
[i] Since the Union represents the employees of the Company as defined in Article 2 of the Agreement, it is recognized that such employees should all participate in the democratic decision making of the Union and contribute their share to be cost of such representation.
[ii] At the end of each month the Company shall deduct from the salary/wage of each employee covered by this Agreement the Union dues as authorized by the Union and any general assessment uniformly levied.
[iii] All Union dues and any general assessment uniformly levied so deducted shall be paid to the National Union, the Trade Union Congress and the Local Union respectively in accordance with the Union’s constitution not later than the fifth [5th] day of each new month along with a list of employees from whose pay packets the deductions were made.
[iv] Any employee covered by this Agreement shall, as a condition of continued employment, be a member of the Local Union to the extent of paying membership dues and any general assessment uniformly levied otherwise his continued employment with the Company shall be reviewed.
[v] All dues shall be paid by cheques and marked “Commission to Drawer’s Account”.
Section 2 - Shop Stewards
[i] The Company recognizes the existence of Shop Stewards and Local Union Officials as official representatives of the Union in every employment and at every level of employment, provided these Shop Stewards and Local Union Officials are dully recognized by the Union.
[ii] Shop Steward and Local Union Officials shall intercede in matters affecting the well- being of industry and Labour during normal working hours. Shop Stewards and Local Union Officials shall be last to be laid-off, after consultation with the Union.
[iii] Any transfer of a Shop Steward or Local Union Official shall take place after mutual consent of the parties hereto.
[iv] The Local Union shall furnish the Company with a complete list of Shop Stewards with a copy to the Union. The National Secretariat of the Union shall provide the Company with list of Local Union Officials from time to time.
Section 3 - Discrimination
(1) A person who discriminates against any person with respect to the employment or conditions of employment because that person is a member or an employee of a trade union is guilty of unfair labour practice.
(2) A person who seeks by intimidation, dismissal, threat of dismissal, or by any kind of threat or by imposition of a penalty, or giving or offering to give a wage increase or any other favourable alteration of terms of employment, or by any other means, seeks to induce a worker to refrain from becoming or continuing to be a member or employee of a trade union is guilty of unfair labour practice.
(3) A worker or group of workers who by any kind of threat seeks to intimidate the employer during negotiations of a collective agreement is guilty of unfair labour practice.
(4) Employers or employer’s organizations who seek by any kind of threat to intimidate the worker during negotiations of a collective agreement are guilty of unfair labour practice.
Section 4 - Notice Boards/Local Union Offices
The Company shall provide notice boards placed conspicuously in the compound or other vantage points of the company’s area of operation for the use of local Union for the information of their members. The Company agrees to provide an office within its premises for the use of Local Union as soon as rooms are available.
ARTICLE 8 - WORKING HOURS
Section 1 - Hours of Work
[i] An employee is required to work for not more than 40 (forty) hours in each working week. The hours of work of attendance, except where permission to vary them has been given by the General Manager or where regulated by statute, shall be as follows:
Monday to Friday - 8.00 am to 5.00 pm
One hour break (ie,12.30 - l:30pm). Reporting after the one hour break without HOD’s approval shall be considered late. The hours of work may be changed by management and communicated to the union. Temporal absence need to be approved by the H.O.D in advance. All activities should be guided by the conduct and professional ethics code of DSG
Section 2 - Shift Workers
| Day Shift | 0730 Hours - 1930 hours |
| Night Shift | 1930 hours - 0730 hours |
[ii] Employees working on shift basis shall work one [1] week on each schedule shift rotating from shift to shift, as follows
Night Shift - Day Shift
[iii] Where the shift worker works in excess of the normal eight [8] hours per shift, he shall be paid overtime.
[iv] No shift period shall exceed 12 hours per shift or 40 hours per week.
Section 3 - General
[i] Any changes in the time schedule indicated in Section 1, 2, above and 3 shall be subjected to mutual agreement between the Company and the Local Union.
[ii] All categories of workers shall be entitled to a rest or meal period of one [1 ] hour.
[iii] Saturdays, Sundays and Public Holidays shall be treated non-working days for all categories of workers. As such, employees shall attend to work on these occasions only when engaged or allocated to work.
[iv] If any employee is engaged or allocated to work on a Saturday, Sunday or Public Holidays, he/she shall be paid 2 (two) times his/her hourly rate as for 8 (eight) hours of work. In case of less than 8(eight) hours work, then he will be paid a minimum of 4 (four) hours. Any work performed in excess of the guaranteed eight [8] hours shall be paid for as per the formula indicated in
[v] All shift workers shall be entitled to 2(two) days off- duty after a full working week (Monday-Sunday).
ARTICLE 9 - OVERTIME
[i] Any work performed in excess of the normal daily or weekly hours of work as stipulated in Article 8 and on Saturdays, Sunday and Public Holidays shall be paid for as Overtime.
[a] Work in excess of eight [8] hours per day on Monday through to Friday - Rate, one-and-a-half [1 and 1/2] times the employee’s hourly rate of pay.
[b] Work performed on Saturdays, Sundays and Public Holidays - Rate, two [2] times the employee’s hourly rate of pay with a minimum of [4] four hours.
[ii] The method of calculating overtime payment shall be as follows:- For Permanent and Non-Permanent Employees:
[a] Hourly rate of Monday to Friday
Basic Salary x 1.5 x Hours/160
[b] Hourly rate for hours in excess for forty [40] per week on Saturdays, Sundays or Public Holidays
Basic Salary x 2 x Hours/ 160
[iii] Where an employee is called in from home by the HOD during his rest period to perform duties for the Company, he shall be paid two [2] times his hourly rate of pay for each hour spent on the job.
ARTICLE 10 - PAY REGULATIONS
Section 1 - SALARIES AND WAGES
Rates of Pay
[i] Any employee who is covered by this Agreement shall receive the rate of pay appropriate to his job classification as shown in the appendix attached to this Agreement.
[ii] The rates of pay, salary ranges, etc. as appearing in the appendix attached to this Agreement shall be effective 1st January, 2014 and shall remain in effect, unless any of the jobs listed in the Appendix are substantially changed in duties or unless the parties hereto review the Appendix in accordance with Article 10, Section 2 [ii] of this Agreement.
[iii] Within thirty [30] days of the signing of this Agreement the Company shall pay to each employee the total amount retroactive adjustment which is due to him in his pay.
[iv] Salaries/wages and overtime shall be paid once monthly on or before the twenty-fifth [25th] day of the month, after allowing for all statutory deductions authorized by the employees.
[v] During the life of this Agreement, no employee’s salary/wage shall be reduced below the amount he is receiving except by mutual consent of the parties to this Agreement.
[vi] Prior to the Company implementing any job evaluation or job classification proposals, such proposals shall be communicated to the Union.
[vii] The Company agrees to pay employees’ salaries through their respective Bankers upon request. In all such cases pay-advice-slip shall be given to the employee concerned.
Section 2 - Wage Re-Onening
[i] Notwithstanding the provision of Section 1 of this Article, if any statutory regulations on salaries/wages are enacted during the life of this Agreement, the parties hereto will meet and incorporate them into this Agreement, if they are appropriate.
[ii] Notwithstanding the provision of Section 1 of this Article either party shall have the right once in each year of this Agreement, to re-open the Agreement of questions of alteration of the agreed salary/wage structure as contained in the appendix attached hereto. In the event that either party wish to exercise this right it shall give [2] months notice in writing to the other party of its intention. Six [6] weeks prior to the expiration of the said two [2] months, negotiation on the new salaries/wages shall begin in good faith.
Section 3 - Annual Increment
i. Annual increment shall be granted to all unionised staff from the beginning of the salary year. The salary year shall be the 1st of January to the end of December in the same year. This is subject to staff not receiving warning letters (2 or more).
ii. If an employee reaches the end of his incremental bar and has not been promoted (for lack of vacancy) upon satisfactory performance he shall continue to earn his last increment and in addition receive a lump sum/exceptional bonus subject to management discretion.
(iii) In the following year, the staff must move to the next scale automatically with reference to the above.
Section 4 - Annual Appraisal Increment
Annual Appraisal Increment shall be awarded to staff who performed above average during the previous year. The award shall be at GM’s discretion.
Section 5 - Merit/Award
[i] Employee of the Year
The company shall award to any employee selected as a devoted worker by a joint and equally constituted committee of management and Junior Staff. In pursuance of this any employee selected as Employee of the Year, management shall consider opportunities for overseas training relevant to his field of work. A properly designed certificate shall be presented in each case.
[ii] Criteria
The criteria under which the Best-Worker-Award should be selected would be as follows:
[a] Conduct
[b] Dedication to Work
[c] Initiative
[d] Hard Work
[e] Punctuality at Work
[f] Attendance to Work
Section 6 - Promotion Increase
The Company shall award promotion increase, which shall not be less than the normal increment in the employee’s previous scale
ARTICLE 11 - SENIORITY AND PROMOTION
Section 1 - Promotion
i. Parties of this Agreement recognize that job security and advancement within the Company shall increase with qualification, skill for the job and length of service of the employee.
ii. In the event of promotions, serving permanent employee will be given the first preference over non-permanent employee.
iii. Where the skills of two (2) or more serving permanent employees are the same, merit and seniority will be used to determine the person to be promoted.
iv. The Company shall inform the Junior Staff if any of their members is promoted
Section 2 - Filling of Vacancies
i. All existing vacancies will first be filled from within and that the employee’s service and attitude to work shall be considered among other factors as an equivalent to academic qualifications.
ii. When vacancies exist within a particular section[s] or department[s] of the Company, prior consideration shall be given to serving permanent employee in the section or department to fill such vacancies or posts on the basis of efficiency on the job, skill, qualification experience and length of departmental service. In the event that there are no suitable applicants in any permanent or non-permanent categories the Company shall have the right to recruit from outside.
iii. All vacancies or posts that occur within the Company shall be advertised internally with copy to the Junior staff for, at least ten [10] days prior to filling them to enable serving employees with requisite qualification, to apply.
iv. In all cases where the Company fills such vacancies the Local Union shall be notified in writing.
v. Any employee promoted to a new vacant position shall serve a trial period of three [3] months and upon satisfactory performance shall be confirmed in the new post. Where an employee fails to perform satisfactorily during the trial period Management shall give additional 3 months after which if he is unable to perform shall have his contract tenninated.
ARTICLE 12 - TRANSFERS
Section 1 - Transfer
i. If the Company transfers an employee permanently from one station to another, the Company shall provide free transport for the employee and his family.
ii. The Company shall also bear the cost of transporting the employee’s personal belongings
iii. An employee shall be given three (3) months notice of transfer prior to the date of his transfer to another station except in emergency cases, the nature of which shall be given to the employee in writing, thus explaining the cause (s) of his sudden transfer.
iv. An employee on permanent transfer shall be paid a transfer grant of three (3) months basic salary. In the case of emergency transfer within, the employee shall be paid additional lump sum.
v. An employee on transfer shall be provided with accommodation or in lieu be paid an allowance until he gets accommodation or the company shall bear the cost of his hotel expenses and accommodation until a suitable accommodation is secured or be paid a lump sum to be negotiated.
vi. Where the payment of rent advance is demanded, the company shall advance to the employee concerned the amount.
Section 2 - Temporary Transfers
Where a transfer is not intended to extend beyond three (3) months, employees concerned shall be paid out-of-station allowance. Temporary transfers shall not exceed Ninety Days, in circumstances where such transfers exceed; it shall be regarded as permanent transfer and treated as such. One month salary is to be paid
Section 3 - Departmental Transfer
All things being equal, where the Company combines or separates departments or any portion thereof, causing employee[s] to be permanently transferred to the combined or separated department, seniority of the employee[s] transferred to the new department shall be established therein by merging the respective departmental seniority formerly held by each of them in their former departments. In deciding who should head the new Section, the provision of Article 11 Section 2 shall apply.
ARTICLE 13 - SAFETY AND HEALTH
Section 1 - General
The company shall make reasonable provision for safety and health of its employees. Employees shall abide by the safety rules and regulation established by the company and in line with the provisions of the Factory, Offices and Shops Act, 1970 (Act 328) and any subsequent amendments.
Section 2 - Protective Devices, Uniforms/Laundry Facilities
[i] The company shall provide protective clothing and devices to properly protect its employees as well as uniforms, in furtherance of its business activities.
[ii] The Company shall provide cloak or changing rooms for employees.
a. Female employees shall be entitled to;
Four (4) sets of suits and eight inners as uniform and
Two (2) Friday Wears a year.
b. Male employees shall be given clothing allowance of GHC 400 per year to be reviewed yearly.
Section 3 - Industrial Injury and Disease
[i] All industrial injury or disease shall be immediately reported to Management with copy to the Junior Staff In the event of an injury or disease at work, the Company shall be responsible for treatment.
The Company shall continue to pay the employee his salary/wage for the whole period of treatment till the injured employee resumes duty.
In such circumstance, the employee shall be entitled to compensation under the Workmen’s Compensation (PNDC Law 187) and any subsequent amendments.
ii. In all cases of payment of compensation [periodical and/or lump sum] Junior Staff Union official shall be present. Copies of correspondence relating to all industrial accidents shall be sent to the Union.
iii. Any employee covered by this Agreement who dies or suffers total or permanent incapacity as a result of industrial illness or an accident arising out of and in the course of his employment shall be entitled to below:
| DEATH | 2 MONTHS SALARY * YEARS OF SERVICE |
| TOTAL INCAPACITY* | 1.5 MONTHS SALARY * YEARS OF SERVICE |
PERMANENT INCAPACITY |
1.5 MONTHS SALARY * YEARS OF SERVICE * % OF DAMAGE |
* Total incapacity means employee not able to work again.
iv. Any employee incapacitated as a result of an industrial illness or accident, shall be granted leave of absence on full pay for the total period of sick leave as stipulated in section 2 (Sick Leave) of this Agreement. In exceptional cases, the Company shall permit and bear the full cost of treatment from a registered herbal practitioner at a reasonable cost. In all cases, prescription and receipts need to be submitted.
v. Optical, surgical, dental and other necessary treatment shall be provided free of charge to any employee covered by this Agreement when recommended by a recognized medical practitioner or a registered herbal practitioner recognized by the parties to this Agreement. The yearly limit shall be:
| PHYSIOTHERAPY | GHC 1,000 |
| CHIROPRACTIC | GHC 1,000 |
| DENTIST | GHC 1,000 |
| SPETACLE FRAMES | GHC 150 |
These limits shall be subject to yearly review in line with medical practice.
iv. Where an employee develops a disease and it is proved by a Medical Practitioner to be an industrial illness, the Company shall pay at a reasonable cost surgical and other expenses involved.
v. All payments in relation to workman’s compensation in case of death should be paid to the designated next of kin.
Section 4 - Health and Safety Committee
A Health and Safety Committee consisting of an equal number or representatives of the parties hereto not exceeding two (2) each shall be established. This committee shall ensure that safety regulations as prepared from time to time by the Factory Inspectorate of the Ministry of Labour are rigidly adhered to. It will also promote on a continuous basis an educational program, safety, or safety consciousness leading to the compilation of a safety manual for the guidance of all concerned.
Section 5 - Non-Industrial Illness (Free Medical Treatment)
i. The Company shall provide Medical attention to its employees and their registered families. Such free medical attention shall include all forms of medical attention, cost of drugs as prescribed by the Doctor and hospital fees including cost of subsistence for in- patients, where such facility is provided by the hospital.
ii. Operational fees for non-industrial accidents, replacement of tooth, spectacles frames and lenses shall be borne by the Company up to these limits for the year.
| PHYSIOTHERAPY | GHC 1,000 |
| CHIROPRACTIC | GHC 1,000 |
| DENTIST | GHC 1,000 |
| SPETACLE FRAMES | GHC 150 |
These limits shall be subject to yearly review in line with medical practice.
In the case of surgical operations, the employee who needs such treatment should first of all report to the Company’s Medical Employee. In the event of not responding to treatment he reserves the right to report his condition to the Junior staff who will take it up with Management to decide on the next step to take.
iii. Employees shall be treated by a recognized Medical Practitioner appointed by the Company. Where such facilities do not exist the employee shall attend a Government Hospital/Clinic and such expenses shall be borne by the Company. Where an employee is recommended to attend a registered Herbal Clinic, the expenses shall be borne by the Company.
iv. In cases of emergency, employees, their registered families (ie. spouse and families) shall seek treatment at the nearest hospital, registered herbal practitioner, out-patient department or dispensary/clinic including transport expenses. Bills for such treatment shall be borne by the Company.
v. Where an employee is unable to work because of non-occupational illness or injury and where he is declared unfit to continue in the service of the Company his services shall be terminated on grounds of ill health and shall be paid all entitlements due to him under this Agreement, at the rate of (3) three months pay for each year of service.
vi. Should the Company not be able to pay an employee who has left the Company his entitlements in full on the due date, the employee and his family shall continue to be entitled to free medical treatment until the entitlements are fully paid.
vii. All expenses incurred by employees and their families, who need specialist medical attention shall be borne by the company, when referred by the company’s Medical Doctor.
viii. The Company shall provide free medical care for only employees who retire as a result of job related incapacitation or disease.
Section 6 - Sick Leave/Pay
[i] An employee whose sickness is supported by a medical certificate issued by a Medical or recognized Herbal Practitioner shall be entitled to sick leave with pay as follows:
| [a] Less than three [3] years | Maximum period of full pay
Of serviceSix [6] months. Maximum period of half pay Six [6] months. |
| [b] Over three [3] years | -Maximum period of full pay
Of serviceTwelve [12] months. Maximum period of half pay Eight [8] months. |
[ii]Any em ployee declared medically unfit to work shall be paid benefit under as in Section 5 [v] of the Agreement in addition to other entitlements.
[iii] In every case of absence from work on the grounds of illness, a certificate from a recognized Medical Practitioner or recognized Herbal Practitioner shall be furnished to the Company within one [1] week of the employee being declared unfit.
Section 7 - Medical Examination
In the interest of the safety and health of the employees both existing and newly engaged employees who have completed their probation shall undergo a mandatory free medical examination provided by the Company once every year
Section 8 - First Aid
The Company shall provide adequate first aid facilities for its employees.
Section 9 - Personal Accident Insurance Policy
Any employee covered by this Agreement shall be insured under the Company’s Insurance Policy Scheme. (Workmen’s Compensation Act)
ARTICLE 14 - LEAVE REGULATIONS.
Section 1 - HOLIDAYS AND LEAVE
[i] The Company and the employees shall observe all statutory and public holidays of the country and payment of remuneration for such public holidays shall be made.
[ii] Any employee who performs work on a public holiday shall receive a full day’s pay and in addition the proportion of his day’s pay for the number of hours worked. For any hours worked in excess of the normal working hours the appropriate overtime pay provided for in Article [6] of this Agreement shall apply. For all work performed on Saturday and Sunday, the appropriate overtime rate as appearing in Article [6] of this Agreement shall apply.
Section 2 - Annual Leave
| Period of Service | No. of Working Days Entitled |
| a) Employee with [5] years and above service | 30 days |
| b) Employee with below [3-5] years service | 28 days |
| c) Employee with less than [3] years service | 24 days |
Section 3 - EVENTS DAY
A worker who has served his probation period with the company and affected by family events as stated below, shall be given these yearly days
| Marriage of the worker | 5 |
| Marriage of a child | 2 |
| Death of a child, the father or mother of the worker | 5 |
| Death of a brother, sister | 5 |
| Death of a stepfather or stepmother | 2 |
| Birth of a child (Fathers) | 5 |
| Moving / Relocating to new apartment | |
| 1 |
Section 4 - Maternity Leave
[i] A female employee who becomes pregnant shall be entitled to fourteen [14] weeks maternity leave with Ml pay, on the presentation of a medical report.
[ii] The period of maternity leave shall be extended upon recommendation from Medical employee where the confinement is abnormal or where in the course of same confinement two [2] or more babies are born.
[iii] Absence from duty arising from pregnancy in excess of maximum period described in [ii] above shall be regarded as absence on the grounds of ill health. Article 13, Section 6 [ii] of this Agreement shall apply subject to the necessary medical certificate being produced.
[iv] Under no circumstances should an employee on maternity leave be suspended or dismissed.
[v] A nursing mother on resumption of duty shall be granted two [2] hours off duty daily [i.e.] one [1] hour each during the morning and afternoon session respectively] for a period of nine [9] months to enable her feed her baby.
[vi] Work by a nursing mother during the 9 months in excess of 6 hrs shall be treated as overtime.
Section 5 - Leave of Absence for Union Duties
[i] An employee who is also a Trade Union Official, or who is a delegate to the Union’s activities necessitating leave of absence will be granted such leave with pay. Written notice of such leave stating the duration of leave will be given to the Company as far in advance as possible but in no event later than the day such leave is to become effective, cases of emergency shall be considered.
[ii] Subject to renewal by both parties to this Agreement, leave of absence for a period not exceeding four [4] years (subject to renewal) without pay will be granted to employees selected to work lull-time for the Union in an official capacity. The seniority of such an employee shall not be broken by such leave of absence.
Section 6 - Interrupted Leave
[i] Every employee shall enjoy an uninterrupted period of leave. However, the Company in cases of urgent necessity in accordance with the provisions of this Agreement may require an employee to interrupt his leave and return to work.
[ii] Where an employee is required by the Company to interrupt his leave in the circumstances specified in the immediately preceding paragraph he shall not forfeit his right to the remainder of his leave but shall take such leave any time thereafter.
[iii] Where an employee takes his annual leave at the end of a calendar year, the leave may continue except as provided for by paragraph one [1] of this Section without interruption into the following year.
[iv] Where the Company requires an employee to interrupt his annual leave in the circumstances stated in paragraph [1] of this section it shall make up to the employee a reasonable expenses incurred. In addition he will be paid 1.5 times his daily wage if he works for less than 1 week. In case he works for more than 1 week, he will be paid 50% of his monthly salary.
Section 7 - Leave Allowance
One month salary shall be paid as leave allowance to every employee when proceeding on leave.
ARTICLE 15 - EDUCATION AND TRAINING
Section 1 - Training Within Industry
The company recognizes the importance of sound training as a means of improving efficiency. The company, therefore, undertakes to train all employees through in-service training and other management and productivity courses, local and overseas.
Management shall set the criteria of eligibility for training. Application for training shall be subject to management approval.
Industry Training and Management Courses
All courses/training deemed relevant including but not limited to:
• Port and Shipping Management - operations, Safety and Security, IMO and IMDG
• Logistics, Purchasing and Supply Chain Management
• Research, sales and Marketing
• Information Management - Customer Service
• Financial management
Institutions include and not limited to the following:
• World Maritime University - Malmo
• Chartered Institute of Transport and Logistics - CILT UK
• Institute of Chartered Shipbrokers - UK
• Institute of Freight Forwarders/BIFA
• Institute of Export and Shipping Management
• Chartered Institute of Marketing/ICA GH - ACCA - UK
• Government and recognized private tertiary institution
i. Conferences shall be attended by those whose job description is related to the conference.
ii. Where in-service training facilities are not available, employees shall be given all encouragement to pursue studies relevant to their jobs in approved institutions. In such cases the employee shall be granted study leave with or without pay.
iii. Where an employee qualifies for a continuous education, he/she can apply for sponsorship/financial assistance from the company, iv. Tuition, boarding and lodging as well as the cost of approved text books of an employee on study leave with pay shall be borne by the company for the duration of the course. Where the institution does not provide boarding facilities, hotel bills shall be fully paid by the company, and where hotel bills are not inclusive of meals the employee shall be paid out of- station allowance at approved rates.
vi. The company shall reimburse such approved expenses as fees and the cost of textbooks to any employee who successfully takes approved part-time studies relating to his job. The course has to be approved by the company,
vii. An employee on study leave with pay shall, in addition to his full salary be paid all other allowances: housing, commuted mileage, petrol subsidy etc. full rate for the entire duration of his course.
viii. Payment of allowances to employee attending courses and conferences or on attachment overseas shall be paid per-diem allowance agreed between management and the junior staff.
ix. An employee who is sponsored by the Company to undergo an approved training or
correspondence course either locally or overseas shall be required to enter into a bond to serve the company specified below:
x. All such training need to be first approved by Management before the cost will be home by the company.
| Course | Bond |
| 1 year | 2 years |
| 2 years | 3 years |
[iii] Any employee who trains a staff employed on permanent basis to take over shall be paid an 80% of his/ monthly salary for two weeks or more duration. In such cases overtime shall not be paid.
Section 2 - Scholarship Scheme for Employees’ Children
The Company shall give scholarship to one (1) ward of each staff annually who is in a secondary or tertiary institution. Such ward needs to obtain aggregate 15 or better
Section 3 - Educational Grant
It is agreed that the Company shall give 10% of annual salary as Educational Grant at the beginning of every year to the deserving employees of the company
Section 4 - Study Leave without Pay
Employees may be granted study leave without pay on the production of relevant admission document. The leave shall cover the duration of the course. However, the employee will not be guaranteed employment on completion of the course.
ARTICLE 16 - GRIEVANCE, TRADE DISPUTE AND ARBITRATION
Section 1 - Grievance Procedure
All complaints or dispute concerning violation of, non-compliance with or the application or interpretation of this Agreement but not including any requested or proposed changes in this Agreement are herein referred to as grievance and shall be adjusted and settled as promptly and practicable through the following channels.
STEP 1- The employee claiming a grievance shall first discuss the grievance or request with his immediate departmental head or designated representative, who shall consider and dispose of it promptly. In any case each individual grievance may be presented by the aggrieved employee to the appropriate authority within ten [ 10] working days after its occurrence or may be deemed to have been waived.
STEP 2- Failing satisfactory adjustment of the grievance within two [2] working days, the employee and his Union Shop Steward or representative will then discuss the grievance with the Company’s Human Resource Employee or Management representative.
STEP 3- Failing satisfactory and reasonable adjustment, the grievance shall then be reduced into writing on appropriate standard terms within five [5] working days after the discussion with the Company Human Resource Employee for settlement at the sub-committee level. The sub-committee shall endeavor to resolve the grievance within three [3] working days from the time the matter is referred to it.
STEP 4 - Failing satisfactory adjustment in Step 3, the National Union may within seven [7] working days refer the grievance in writing for discussion at the Standing Joint Negotiating Committee.
STEP 5- Failing a satisfactory settlement in Step 4, the matter shall be referred to a mutually acceptable third party whose findings shall be binding. If a third-party cannot be agreed upon, the Company or the Union shall retain freedom of action by referring the matter to the National Labour Commission for, Mediation Arbitration. Failing to answer or resolve the grievance within the prescribed time limits, the grievance shall be deemed automatically moved to the next step or settled on the basis of the relief sought.
Section 2 - Procedure for Trade Dispute
[i] A Trade Dispute as in the Labour, 2003 (Act 651) including disputes relating to the wage re-opening provisions in this Agreement shall be handled and disposed off in the manner as provided in the Act.
[ii] In the event, a Trade Dispute as defined above develops between the parties to this Agreement they shall attempt to resolve this dispute in the spirit of the opening clause of this Agreement [i.e. Purpose and Intention of the Parties]
ARTICLE 17 - DISCI PLINARY ACTION AND PROCEDURES
Refer to Appendix ‘A’ attached to this Agreement
ARTICLE 18 - MISCELLANEOUS ALLOWANCE
Section 1 - Tool Allowance
[i] The Company shall supply to all employees the necessary tools required to perform the work of their designated job classification.
[ii] Employees supplied with tools shall sign a relevant receipt and shall be responsible for their care and safekeeping. Tools lost or damaged through negligence of the employee shall be replaced by him or paid for in lieu thereof.
Section 2 - Out of station
An employee who is requested to leave his place of work for any other destination in Ghana shall be paid a pier Diem (including day return journeys) with all expenses paid as follows:
Per Diem
| • Within Ghana | GHC 60 |
| • Within W/Africa | GHC 65 |
| • Elsewhere | GHC 70 |
Section 3 - Night Allowance
[i] Any employee covered by this Agreement who is scheduled to work on a night shift shall be paid night allowance at the rate of 60% of the hourly rate of overtime.
Section 4 - Acting Allowance
[i] Where an employee (permanent and non permanent) is required to carry out the full duties of another employee in a higher group, for a period of fourteen [14] working days, or more he shall be paid an acting allowance of 80% of his/her monthly pay.
[ii] Where an employee is required to fully or partially undertake the duties of another employee in addition to his own work, he shall be entitled to an ex-gratia award equivalent to [80%] percent of his/her Salary or Wage.
[iii] No employee shall be required to act in a vacant post continuously for a period exceeding three [3 ] months. At the end of the three [3] months, he shall be made substantive holder of the post by promotion and given remuneration to the post.
[iv] The provision of sub-section [iii] above shall not apply to temporary vacancies rising from study leave overseas and such training.
[v] Where an employee is required to fully or partially undertake the duties of another employee who is on maternity leave in addition to his own work, he shall be entitled to an ex-gratia award equivalent to [80%] percent of his/her Salary or Wage for the entire duration of the maternity leave
Section 5 - Transport Allowance
[i] Transport allowance for Junior staff shall be cash equivalent of 100 litres per month. Section 6 - Height Allowance
Any employee who works under hazardous conditions at the height of nine (9) meters or over above ground or deck level for any length of time within a day or per shift shall be paid a flat rate of Ghc 10.00 (Ten Ghana Cedis) per day or per shift by the company.
Section 7 - Supervisory Allowance
A supervisory allowance of GHc lO.OO (Ten Ghana Cedis) per day shall be paid to any employee who acts as a Supervisor on board ships. The provision does not apply to employees already graded as on-board supervisors.
Section 8 - Subsistence (Coast Wise) Allowance
Any employee required 10 perform the under mentioned jobs will be entitled to a flat rate of (GHC 10) of his/her wage
[i] Any labourer required to work as a watchman or gangway man or head labourer
[ii] Where an employee travels by land to work on board a vessel or ship
[iii] Any employee whose place of work is on vessel and not alongside a wharf after 6.00pm
[iv] Any employee working on board ship alongside wharf if after 6.00pm.
[v] Any employee working on board ship alongside wharf if after working throughout the day and he/she is required to continue work after 6.00pm. This applies to Supervisors, Tally Clerks, Cargo watchers, Gangwaymen, Winchmen, and Shipping Maintainable workers.
[vi] Any staff who performs duty on-board vessel at anchorage shall be paid an allowance of GHc 150 per day
ARTICLE 19 - MISCELLANEOUS
Section 1 - MEALS AND GROCERIES
The company shall provide allowance for lunch and groceries at the rate of GHc 225 per month which will be reviewed yearly.
ARTICLE 20 - DEATH OF AN EMPLOYEE
I. In an event of the death of an employee, management in consultation with other junior staff shall appoint a family liaison employee for arrangements and donations. The company shall donate an amount of four thousand Ghana cedis (GHc 4,000) to the employees spouse and children to assist in meeting funeral expenses. This shall include cost of coffin and customary drinks etc.
II. Where the employee is not married, the total amount shall be paid to the next of kin.
III. The company shall provide transport to convey the body to the deceased’s hometown or place of burial
IV.Where the spouse or child of an employee dies, the company shall assist the employee with a funeral donation of GHc 1,500.
V. In the event of the death of an employees parents thus father or mother, the company shall donate an amount of GHc 700 to the employee
VI. In the event of the death of an employee who retired from the services of the company, the company may make donations to the bereaved family.
VII. In the case of Child, Employee or Parents death, management would arrange transport, food and drinks etc for staff going to sympathize with the bereaved colleague.
Section 2 - Annual Bonus
I. The Company shall pay to all permanent employees at the end of every year. The amount to be paid shall be negotiated between Management and the Union.
II. In case of non-permanent employees the qualifying period shall be 115 working days for a full award, 90 working days for three quarters of the award, and 66 working days for half and 49 working days for one quarter of the award.
III. The Company shall inform the Union of the date of payment 3 (three) months prior to the end of the year.
Section 3 - Financial Assistance
i. An employee may request up to 60% of their annual salary as a loan. Such a loan will be deducted at source from the employee salary over a maximum of 24 monthly and equal installments, commencing one month after receipt of the advance. Such monthly deductions shall not exceed 30% of the employee monthly salary. Such request will be only available for employees after their probation. There shall be no top up loans.
ii. An employee may request for a cash advance to be repaid within one month, failure of which it will deducted from his / her salary. Any advance taken between 10th and 20th will be deducted that month. After 20th, it will be deducted from the following month’s salary. Employees can apply for cash advance not more than once every month.
Section 4 - Renewal of Drivers License And Legal Aid
[i] Drivers employed by the Company shall have their license renewed from time to time free of charge.
Section 5 -Legal Aid
[i] The Company shall give free legal aid to its employees.
[ii] The Company shall provide legal aid to employees when they commit torts in the course of their employment.
Section 6 - Housing and Accommodation
Management will only advance one form of loan at a time
Housing loan will be 40% of basic salary for 3 years (40% * Annual Salary * 3)
After this loan has been advanced, the applicant will not be entitled to rent advance. Employees to benefit from this loan have to be of good behavior In times of resignation or dismissal, all outstanding amounts shall be refunded in full or the company has the right to retrieve it by any means possible.
Section 7 - Incentive Bonus Scheme
During the life of this Agreement, the parties hereto agree to review existing incentive payment and/or other productivity scheme and efficiency within the Company generally. In pursuance of this, within one [1] month from the date of signing this Agreement, Committee of six [6] equally represented by the Management and the Local Union shall be constituted to work out the detail of the scheme for the joint approval of Company and the Union.
Section 8 - Resignation
[i] An employee who wishes to resign from the services of the company under this Agreement shall be required to give the company one (1) months notice.
[ii] The company shall accordingly pay any employee who resigns from the services of the company all entitlements due him/her under this agreement.
Section 9- Termination of Employment
[i] Under no circumstance should an employee’s appointment be terminated without a justifiable reason.
Where the company wishes to terminate the employment of any employee, a tangible or appropriate reason must be assigned based on Article 17, (Disciplinary Action and procedures), whereupon the employee shall be given one (1) month notice in writing or be paid cash in lieu thereof.
[ii] Where an employee’s appointment is terminated, he shall be paid earned proportionate leave nor taken at the time.
[iii] Where an employee’s employment is terminated, in accordance with the above procedures, he shall be paid all entitlements and awards in this Agreement, including Articles 20 & 21.
[iv] The Local Union shall be notified of the termination of the appointment.
Section 10 - Certificate of Service
On resignation or retirement of an employee from the service of the Company a Certificate of Service shall be awarded to him/her stating the period served, reference to his/her conduct, ability and loyalty to the Company.
Section 11- Redundancy
i. Where for one reason or the other the Company is compelled to declare a number of employees redundant, the employer shall redeploy to meet the work requirement under the new conditions. In the event of any redundancy, the Company shall give the union three [3] calendar months notice in advance of final action being taken. This notice shall state the effective date of their redundancy and a list of names of employees to be affected, their grades and date of employment shall accompany the notice. After consultations with the junior staff, employees to be affected by the redundancy shall be given not less than two [2] calendar months notice of their termination or paid the equivalent of two [2] months salary in lieu of notice,
ii. All things being equal the principle of “first in last out” shall apply.
iii. Should the Company find it necessary to fill vacancies in the particular groups within eighteen (18) months of discharging employees of similar groups on grounds of redundancy, the Company shall fill such vacancies with the redundant employees if available at the time of re-engagement, in accordance with the principle of "First in Last out".
iv. In case where the Company wishes to retain services of a junior employee because his merit of ability is greater than that of the employee with longer service, the junior staff shall be consulted.
The terms of payment in respect of redundancy / Severance shall be a matter of negotiation between Management and Junior Staff Union at the time of the occurrence of the event
Section 11 - Managerial Appointment
For the purpose of this Agreement the Company undertakes to give vigorous encouragement to suitable junior employees to occupy administrative and technical posts on managerial levels.
Section 12 - Long Service Award
The Company shall grant Long Service Award to serving permanent employees as follows:
| A | Employees with five (5) years of Company Service. | 32” LCD TV, plus one and half (1.5) months salary and a Certificate. |
| B | Employees with ten (10) years of Company Services | eep freezer (capacity, about 369 litres of 14 cubic feet) plus two and half (2.5) months salary and a Certificate. |
| C | Employees with fifteen (15) years of Company Service | 125 bags of cement plus 2 bundles of Roofing sheets, three and half (3.5) month’s salary and a Certificate. |
| D | Employees with twenty (20) years of Company Service. | 200 bags of cement plus 2 bundles of roofing sheets plus four and a half (4.5) months salary and a Certificate. |
| E | Employees with twenty-five (25) years of Company Service. | 275 bags of cement plus 2 bundles of Roofing sheets, plus five (5) months salary and a Certificate. |
| F | Employees with thirty — (30) years of company service | 350 bags of cement plus 2 bundles of Roofing sheets, plus six (6) month’s salary and a Certificate. |
| G | Employees with thirty — (35) years & after every 5 years of Company service. |
350 bags of cement plus 2 bundles of Roofing sheets, plus six (6) month’s salary and a Certificate. |
Employees have the opportunity to either receive the non cash award in cash or souvenir.
Section 13 - Statutory Provision
The Statutory rights and obligation of the employees of the Company shall not be varied by Company’s rules or regulations.
Section 14 - Nomination of Beneficiary or Next-of-Kin
Every employee shall give the Company at the time of his engagement and any alteration thereafter from time to time, the name and address of the nominee whom he/she wishes to receive his/her entitlement due from the Company to his Estate. The Company will pay to the nominee any benefits or rights accrued to the deceased. The onus of providing his identity to the reasonable satisfaction of the Company shall be on the nominee
Section 15 - Retiring Age
There shall be voluntary age of forty five (45) years for both male and female who have served for minimum of 15 years in the company. The compulsory retiring age shall be sixty (60) for both male and female.
i. Any staff leaving the Company either on Voluntary or compulsory retirement shall receive all his entitlements under this Agreement. vi. The Company shall provide free medical care for 10 years (post retirement) for any staff who retires, such staff must have served the company for minimum 20 years of service.
Section 16 - Annual Report/Annraisal Report
Annual appraisals of each employee shall be made towards the end of the year. The employee shall read the full report and sign it. If the employee does not agree with the contents he shall write an explanatory note to be attached to the report.
Section 17 - Establishment List
The Company shall make available to the MDU and the Local Union respectively, copies of the Establishment List of the Company and any subsequent additions or reviews.
Section 18 - Sale of Company’s used Properties
The Company shall sell its used properties to the employees; details of such sales shall be advertised internally with copies of the local union. Where there are no offers from the employees, the Company reserves the rights to sell the properties to outside prospective buyers.
ARTICLE 21 - END OF SERVICE BENEFIT
Parties to this agreement recognize and acknowledge the need for employees to be rewarded at the end of their service to the company. In furtherance to this, employees covered by this agreement shall be paid End of Service benefit on leaving the services of the company on any of the following reasons as follows:
| Compulsory Retirement, Death-in-service (Non-industrial) | One and a half (1.5) monthly basic * number of years of service. |
| Voluntary Retirement (After (10) ten years service) | One (1) monthly basic * number of years of service |
| Termination of Appointment (other than disciplinary) | One (1) monthly basic * number of years of service |
| Resignation after ten (10) yrs Of Company's service | 75% monthly basic * number of years of service |
An employee left with three (3) years or less to retire should have the option to request for one-third(l/3) of his/her entitlement, if he/she wishes, to enable him/her prepare an appropriate grounds for sound settlement. Such amount should not be higher than resignation package. Such amount is to be deducted from his/her final entitlement.
ARTICLE 22 - PROVIDENT FUND
There shall be Provident Fund, for which every employee shall subscribe to on appointment. Monthly contribution to the Fund shall be 5% by employees and 10% by
Company.
ARTICLE 23 - ABSENCE FROM WORK
(i) An employee wishing to leave his place of employment for any reason necessitating such action shall seek permission from his head of department. Any employee who absents himself/herself from duly and cannot give any satisfactory explanation will either be given a verbal warning or have the equivalent to his/her pay deducted or both.
(ii) Where the offence is major, the provision of Article 17 shall apply.
(iii) Where sickness is the reason for absence, a medical certificate must be produced within a reasonable period but in no case should it exceed three (3) days.
(iv) Where an employee absents himself from duty for ten (10) continuous working days without notice, he/she will be regarded as having vacated his/her post and his/her appointment terminated accordingly.
ARTICLE 24 - SEPARABILITY
The provisions of this Agreement are deemed to be separable to the extent that if and when a Court of law adjudges any provision of his Agreement in its application between the Union and the Company to be with any law, such decisions shall not affect the validity of the remaining provisions of this Agreement but such remaining provisions shall continue in full force and effect provided further that on the event any provision or provisions arc so declared to be in conflict with a law, both parties shall meet immediately for the purpose of re-negotiation and agreement on the provision or provisions so invalidated.
ARTICLE 25 - STRIKES AND LOCKOUTS
I. In accordance with the purpose and intention and the provision of Article 16 of this Agreement, the parties hereto agree that there shall be no strike or lockout over the issue, which are defined as grievances. Furthermore, in accordance with the provisions Article 16, Section 2 of this Agreement, the parties hereto agree that they will make any reasonable attempt to settle any trade dispute in a peaceful manner.
II. In the event of any unauthorized strike action in violation of the terms of this Agreement the Union agrees to use all the means at its disposal to end such unauthorized strike.
III. The company agrees that whenever there is an industrial dispute, it shall not resort to any dismissal of the employees unless every effort to resolve the dispute amicably with the Union has been exhausted.
ARTICLE 26 - AMENDMENT TO AM) VALIDITY OF AGREEMENT
(i) If the company and the union mutually agree on amendments with regard to the application and contents of this agreement, such amendment and conditions shall apply to all employees covered by this agreement.
(ii) This agreement shall become effective on 1st day of January 2014 and shall remain in full force and effect for a minimum period of three (3) years until either party to the agreement expresses in writing, a desire to review or terminate the agreement
ARTICLE 27 — OBLIGATIONS
(i) All provisions and terms of this agreement are hereby mutually agreed to by and between DELMAS SHIPPING GHANA, CMA-CGM GROUP LIMITED and the MARITIME & DOCKWORKERS UNION and signed by the representatives of the parties hereto who have been duly authorized to execute the same on behalf of the company and the Employees respectively.
(ii) The fulfillment of the agreement and that of any subsequent joint agreement entered into shall be fully observed by the Union and the Company and it is their duty to ensure that all such agreements are carried, both in the letter and spirits of the purpose and intention of this agreement.
APPENDIX A -DISCIPLINARY ACTION AND PROCEDURE
Acts of misconduct, gross misconduct, gross negligence or incompetence may render an employee liable for disciplinary action.
Section 1 — Minor Misconduct
Minor misconduct includes but is not limited to:
a) Contravention of standing instructions
b) Any form of insubordination
c) Malingering
d) Absence from work without permission
e) Tardincss/Lateness to work
f) Use of company property without permission
Section 2 — Sanctions for Minor Misconduct
The following sanctions shall be applied as appropriate in respect of cases of minor misconduct. Management may employ one or more of the following sanctions.
a) Oral Reprimand
b) Written Reprimand
c) Deferment of increment until a time to be determined at the discretion of the company
d) Suspension with or without pay and other allowances
e) Surcharge
Section 3 - Gross Misconduct Gross misconduct includes but is limited to
a) Theft or Stealing
b) Willful acts likely to cause damage to company
•Property
•Business
•Good name and or
•Employee (s)
c) Misappropriation of company funds
d) Disclosure of confidential official information
e) Willful refusal to carry out the legitimate orders of a superior employee
f) Intoxication/Drunkenness on duty
g) False or fraudulent misrepresentation
h) Falsification of Company records
i) Serious acts of dishonesty
j) Fraud
k) Dereliction of duty
l) Abuse of the oath of secrecy
m) Forgery
n) Conviction for a criminal offence
o) Persistent absence from work without permission
p) Repetition of a minor misconduct for which an employee has been warned and /queried on more than two (2) occasions within the span of 12 months
q) Vacation of post - An employee who leaves his place of work or duty post for ten (10) consecutive working days without authority or justifiable cause shall be deemed to have vacated the post.
Section 4 — Sanctions for Gross Misconduct
The company may at its discretion employ any of the following sanctions in cases of gross misconduct.
a) Suspension from duly for consequent loss of pay and allowances
b) Summary Dismissal
c) Dismissal
d) Demotion in grade/office/title with commensurate reduction in salary and benefits
ARTICLE 28 - PROCEDURE FOR SUMMARY DISMISSAL
a) Before an employee is summarily dismissed, he shall be told of the reason for his dismissal
b) The employee shall be granted the opportunity to defend himself before the disciplinary committee of the company of which the junior staff will be represented
c) The disciplinary committee of the company shall conduct an investigation into the allegations against the employee
d) The Committee shall submit a Report of its findings and recommendations to Management.
e) Management shall take a decision as to what line of action the company shall take against the employee
f) The employee shall be informed that if he is dissatisfied with the decision of Management, he has the right to appeal
g) The employee has the right to appear before management in furtherance of the appeal.
Section 1 - Interdiction
a) When an employee is suspected of having committed an offence that might justify summary dismissal, the company may suspend the employee from duty while
investigations are being conducted into the case.
b) The employee in question shall be given reasons for such suspension within seven (7) working days.
Section 2 - Investigation
a) Investigations aforementioned shall be carried out by a committee represented by Management and the junior Staff with the Chairman appointed by Management. The Committee shall be known as the Disciplinary Committee of the Company.
b) Management shall serve a written notice to the junior Staff Union to nominate two (2) representatives 10 serve on the committee.
c) The interdicted employee shall be given the opportunity to appear before the committee to defend himself. The interdicted employee may present a witness if one is available
d) The findings of the Committee shall be submitted to Management as soon as is practicable.
e) The decision of Management shall be communicated to the Junior Staff Union
f) Management must confirm any penalties
g) The employee in question shall be informed promptly of the final decision.
h) During the period of suspension, the employee shall be entitled to full salary for one (1) month thereafter if the suspension continues the employee shall be paid two thirds (2/3) of his monthly salary for three months. If the suspension continues, the employee shall be paid one half (1/2) of his/her monthly salary until the matter is finally disposed of within six (6) months.
i) If the employee is found not guilty of the offence, he/she shall be reinstated and paid full salary together with any accrued entitlement due to him or her and salary arrears from the period of the interdiction.
Section 3 - Dismissal
a) Before an employee is dismissed he shall be told of the reason for his dismissal.
b) The employee shall be given notice in writing in the form of a query (or in such form as Management shall consider appropriate for the purpose) copied to the Union detailing the allegation of wrongdoing.
c) The employee in question will be given the opportunity to respond to the allegation.
d) If the response is unsatisfactory. Management may set up a disciplinary committee to investigate the allegations. The disciplinary committee of the company shall conduct an investigation into the allegations against the employee.
e) The employee shall be granted the opportunity to defend himself before the disciplinary committee of the company.
f) The disciplinary committee shall submit its report to management
g) Management shall make a decision as to what line of action the company can take against the employee
h) The employee shall be informed that if he is dissatisfied with the decision he has the right of appeal to management
i) The employee has the right to appear before the Management in furtherance of the appeal.
DELMAS SHIPPING GHANA CMA-CGM GROUP LIMITED
LAURENT DEMAIN
GENERAL MANAGER
DENNIS ASAMANI
HUMAN RESOURCE MANAGER
MARITIME & DOCKWORKERS UNION OF GHANA
ROBERT MENSAH
DEPUTY GENERAL SECRETARY
SAMUEL NARTEY
JUNIOR STAFF CHAIRMAN
EDITH OTU ACQUAH
LOCAL UNION SECRETARY
DATE: 04/06/2014
