COLLECTIVE AGREEMENT BETWEEN DRY FOOD PROCESSING LTD AND THE NATIONAL UNION OF TEAMSTERS AND GENERAL WORKERS (NUTEG) OF GHANA FEDERATION OF LABOUR (GFL)
PREAMBLE:
This Agreement is made this First day of January 2014between the Dry Food Processing Ltd of Companies (hereinafter called the Company) and the National Union — Teamsters and General Workers (hereinafter called the Union or NUTEG) for and on behalf of the employees.
ARTICLE 1 - PURPOSE AND INTENTION
It is the intention and purpose of the parties to this Agreement to promote orderly and peaceful Labour/Management relations, to have full understanding of both the Company and the Union, and to set forth herein their agreement on salaries, wages, hours of work and other conditions and terms of employment. In consideration of their mutual desire in promoting the efficient conduct of business and growth of a stable Union, and in providing for the orderly settlement of disputes between them.
To this end, the Company recognizes the Union as the sole and exclusive collective bargaining representative for its employees as defined in Article 2 of this agreement, in all matters pertaining to salaries/wages, hours of work, and rules and conditions of employment.
This Collective Agreement compliments all existing Rules and Regulations. Where the Collective Agreement is silent, the Standing Negotiation Committee shall be summoned to determine the matter.
ARTICLE 2 - SCOPE AND COVERAGE
This agreement shall apply to all permanent employees who opt to be members of the Union.
ARTICLE 3 - DEFINITION
In this Agreement unless the context otherwise requires:
(a) The "Company" means the Dry Food Processing Ltd
(b) "Employee(s)" means all permanent male and female worker(s) who are members of the Union.
(c) "Union" shall mean the National Union of Teamsters and General Workers (NUTEG) of GFL
(d) “Local Union" shall mean NUTEG - Dry Food Processing Ltd Branch
(e) “Normal working days" shall mean Monday through to Friday. Saturday, Sunday and Public Holidays are excluded and shall be observed as off days. Shift work shall however not be affected by this definition.
(f) A “Calendar Yeah’ shall mean 1st January to 31st December.
ARTICLE 4 - CONDITIONS OF EMPLOYMENT
i. Unless informed in writing by the Company to the contrary, an employee who has completed his probation shall be deemed to have been confirmed in his appointment after 2 weeks.
ii. Before a probationer’s service with the Company is terminated for unsatisfactory work, his performance shall be appraised on one (1) occasion and the results of the appraisal made known to him in writing.
iii. No employee covered by this agreement shall be compelled or allowed to enter into a contract or agreement with the Company concerning the terms and conditions of employment, salary/wages rates and hours of work different from what appears in the Agreement.
iv. Printed copies of this Agreement including all appendices shall be handed over to all employees covered by it by the Company within three (3) months from the date of signing the Agreement.
ARTICLE 5 - REMUNERATION (SALARIES, WAGES & ALLOWANCES)
a - Rates of Pay
i. Any employee who is covered by this Agreement shall receive the rate of pay commensurate with the appropriate job grade as spelt out in the appointment letter.
b - Wage Opener
i. Negotiations for basic rate of wages/salaries shall be opened every year, but until new rates are agreed upon, the existing rates shall remain valid and effective.
ii. Where an employee is found to have been improperly rated or misplaced on a salary scale or salary point, the Company shall immediately rectify such error and shall pay all arrears due to the employee within one month of such detection.
iii. These rates of pay, salary ranges etc, shall be effective and shall remain in effect throughout the life of this Agreement unless any of the jobs are substantially changed in duties or unless the Company and the Union meet to modify the salary structure at the time of discussion of the Wage re-opening.
iv. Salaries / Wages shall be paid once monthly on or before the twenty-seventh (27th) day of the month to employees after allowing for all statutory deductions. Overtime shall be paid on or before the end of every month.
c - Outstation/Overniqht Allowance
An employee who spends the night outside his usual place of work on duty shall be paid an out station allowance in addition to his/her cost of lodging and boarding, The details shall be worked out at company level.
ARTICLE 6 - HOURS OF WORK
1. Working Hours
Unless otherwise stated, normal working hours for workers covered under this agreement shall not exceed forty (40) hours a week.
2. Shift Workers
(a) Time for shift work shall be scheduled and communicated to the workers 24 hours before commencement of work.
(b) Employees working on shift basis shall work one week on each schedule shift to be determined by the company.
(c) Where the company staggers the shift system employees affected shall be granted two (2) days off duty within the week
3. General
(a) Where the employer requires any employee to work on any of the off-day/Statutory public holidays, notice shall be given the employee and shall be paid for as overtime under Article 8,
4. Frustrated Work
When an employee reports for duty on his or her normal working day and due to no fault of his or her, he or she is ordered to leave or stop work by the employer or his representative he or she shall receive full pay for the day or period worked.
ARTICLE 7 - ABSENCE FROM WORK
Absence from Work
i) An employee wishing to leave his place of employment or to absent himself from work for any reason necessitating such action shall seek permission from his Head of Department. Any employee who absents himself from duty or leave his place of work and cannot give any satisfactory explanation will either be given a written warning or have the equivalent of his pay deducted or both.
ii) Where sickness is the reason for the absence, a medical certificate must be produced within a reasonable period but in no case should it exceed one (1) week,
ARTICLE 8 - OVERTIME
Work performed in excess of forty (40) hours a week as stipulated in Article 6, shall be paid for as overtime in accordance with the following schedule:
| Normal working day | Time and hlf (1+1/2) |
| Off Duty Days / Public Holiday | Double time (1+1) |
ARTICLE 9 - LEAVE REGULATION
Section 1 - Annual Leave
i) All members of staff irrespective of years served are entitled to 21 days annual leave,
ii) Any period of absence from work allowed owing to sickness certified by a registered medical practitioner and which occurs after commencement of and during annual leave shall not be computed as part of such leave.
iii) Leave will be taken in accordance with an annual leave roster drawn up at the beginning of each calendar year. The company will make every effort to honour leave obligations of workers.
iv. All employees shall take their annual leave within the leave year and annual leave not taken shall not be accumulated or commuted to cash and any agreement to the contrary shall be void. This is in accordance with Section 31 of the Labour Act.
Section 2 - Accumulated Leave
i) Should it become necessary for the employer to defer the leave of an employee, one month notice of deferment shall be served the employee prior to his/her leave date, all things being equal.
ii) In all cases, accumulation of leave of employees shall not exceed two (2) years.
Section 3 - Casual / Compassionate Leave
The company agrees to grant (5) working days paid leave to its employees in the appropriate cases of emergency in one calendar year in special circumstances.
Section 4 - Sick Leave
An employee who is absent on medical grounds and evidenced by a recognized medical practitioner shall be granted sick leave. The following shall apply in the case of staff who are taken ill for an extended period of time.
1. Staff who have served the company for six (6) months and above shall be entitled to:
i. First two months - full pay
ii. Subsequent 2 month - 3/4 pay
iii. Additional 1 month -1/2 pay
iv. After the above is exhausted, a recognised medical Practitioner will examine the staff concerned and advise the company appropriately.
Section 5 - Study Leave
An employee who wants leave to pursue a course of further studies which aims at improving his/her competencies and performance on the job may apply for study leave. The conditions for awarding the study leave shall be on these bases:
1. The employee must have served a minimum of three continuous years with the company
2. A written application/request, stating the course institution, duration of course and proof of admission to pursue the course shall be submitted and approved by management in consultation with the HR Manager.
3. The course or study to be pursued should be related to the staff’s job
4. The company may choose to pay all or some part of the fees. This shall be at the discretion of management.
5. Where the company decides to pay a percentage of the fee, staff will be bonded to serve the company for an agreed period.
| Duration of Training | Period of bond |
| 1.3 months but less than 1 year | 2 years |
| 2.1 year | 3 years |
| 3.2 years and above | 5 years |
6. Study leave shall be without pay unless it is being undertaken at the request of the company.
7. The company shall not guarantee specific positions or seniority to a member of staff who returns from study leave unless otherwise stated in writing.
8. The period of study leave without pay shall not be counted as service with the company.
Section 6 - Handing Over
An employee who is proceeding on leave, transfer, or is promoted to another position, is required to hand over in a proper manner his/her duties together with any documents etc. to the employee who is to take over.
ARTICLE 10 - PROMOTION AND TRANSFER
Section 1 - Promotion
i) Promotion shall be tied to performance and shall be subject to management’s approval.
ii) Promotions within the organization shall be dependent on vacancies available or when a new job is created.
iii) As much as possible, vacancies must be filled by staff within the organization, with priority being given to permanent staff over casual staff before considering external recruitment of persons not working already in the company.
iv) Any staff member who is promoted shall be entitled to the salary and benefits of the position he/she has been promoted to unless it is a new job that has been created then the prerogative lies with management to define the entitlements, salaries and benefits of the position.
v) The company shall write to inform employee(s) who have been promoted, stating the new position, job description, reporting lines, salary and any other benefits.
vi) The attainment of professional, vocational or academic qualifications shall not in themselves make one eligible for promotion.
vii) No employee should be promoted because he/she has reached the end of his/her salary grade. Such employees could be considered for long service awards at the appropriate time.
ix) As regards promotion, a deserving staff member shall be promoted depending on the combination of the following factors among others:-
• Availability of a vacant position
• Possession of minimum qualification and required competence level.
• Exhibited ability to perform at a higher level of responsibility.
• Changes in job demands.
Section 2 - Transfers
The Company/group reserves the right to transfer any staff from one location to another. The following conditions shall apply:
i. Transfers shall not affect employee’s current status (permanent, senior, junior), remuneration or any other benefits, unless the employee is being promoted, by which conditions of services may appreciate.
ii. Transfer letter detailing the conditions, place, period and effective date of the transfer shall be issued at least a month (4 weeks) before the transfer is implemented in order to facilitate adequate preparation for the employee to be transferred.
iii. The company shall make the following provision if a member of staff is transferred outside his/her region/sector/district of work:
•Provide transportation
•Provide temporary accommodation for a period of one month.
•Pay a transfer/inconvenience allowance of one month gross salary.
If an employee for whatever reason ask for transfer and it is approved by management, the following conditions shall prevail:
i. The transfer shall not affect employees’ current status, remuneration or any other benefits.
ii. Transfer letter detailing the conditions, place, period and effective date of the transfer shall be issued.
iii. Where it is a voluntary transfer (on request) the provisions accompanying transfers under iii above shall not apply.
ARTICLE 11 - TRAINING AND DEVELOPMENT
Section 1 - Training Within Industry
Parties to this Agreement acknowledge the importance of a sound training scheme as one of the means by which efficiency can be increased and therefore recommend that the fullest opportunity be taken of in-service and external training schemes designed to improve the skills of employees.
Pursuant to this, all employees shall be encouraged to take approved courses sponsored by the company or on the job training which would benefit such employees by improving their efficiency and thereby their suitability for promotion or advancement in their jobs.
Section 2 - Training Course and Examination
For purpose of this Agreement, the company undertakes to train and retrain employees to enhance promotion prospects in accordance to its policies.
ARTICLE 12 - REWARD AND COMPENSATION
Section 1 - Long Service Award
The employer shall reward long and dedicated service during the life of the company. Qualifying employees shall be rewarded as follows:
| 5 years | 21' TV and GHc 150.00 cash |
| 10 years | Double Door fridge and GHc 300.00 |
| 15 years | Cash award to be determined |
Section 2 - Performance Appraisal Report
i). Performance of every staff shall be evaluated using the approved performance appraisal forms. Assessment of an employee must be based on agreed job description and specific measurable targets for the period under review.
ii) The ratings as captured in the appraisal booklet shall be the benchmark against which performance will be measured and rewarded.
iii) Performance review shall be done twice in a year.
iv) For newly recruited staff, appraisal shall be done at the end of the probationary period for the first time and subsequently twice every year.
iv) Any staff member who is engaged for more than 9 months and above within the year under review shall be eligible for appraisal.
v) Any staff member under investigation shall have his or her appraisal deferred until investigations are concluded and all charges leveled against him/her are cleared.
Section 3 - Best Worker Awards
i. This award shall be given yearly
ii. The employee should have been of exemplary character: e.g. honest, respectful, committed, disciplined, hardworking, etc.
iv. The award shall be in two categories: Departmental and Overall Staff.
v. Nomination and elections shall be determined by employees/staff.
vi. Management will then choose the overall best worker out of the pool of best workers elected at the departmental level.
Section 4 - Annual Bonus
i. Accumulated bonuses shall be paid at the beginning of the following year commensurate with sales profits and operational targets achieved in the previous year.
ii. The Heads of Departments and Management shall agree on an appropriate bonus and reward system for the administration and payment of bonuses to employees.
Section 5- Educational Subsidy
i. An educational subsidy shall be paid to staff who have served two (2) years and above with the Company
ii. The subsidy shall be computed on 5% of consolidated annual gross salaries
iii. The subsidy shall be paid once every year in September
iv. The cut off point for payment shall be 31st August of every year
v. Staffs who have served 2 years as at 31st August shall be eligible to benefit from the educational subsidy.
Section 6 - Night Allowance
i. A night allowance of 10% of the daily wage shall be paid to employees who work during the night as part of their normal working hours
ii. The allowance shall be paid based on the attainment of monthly production targets and attendance
iii. Production targets shall be set at the beginning of each month by the Heads of Departments and communicated to all concerned staff.
ARTICLE 13 - PROVIDENT FUND
(i) A contributory Provident Fund Scheme shall be instituted to provide End of Service Lump Sum benefit to employees under this agreement.
(ii) Employees will be encouraged to join the Provident Fund Scheme.
(iii) The Provident Fund Scheme is an investment-Linked policy designed to provide attractive Retirement, End of Service Benefits to staff.
(iv) The Company shall contribute a percentage of the Employee’s monthly Salary to the Provident Fund provided, which is subject to review.
(v) The contributory ratio shall be:
| Employer | 5% |
| Employee | 5% |
ARTICLE 14 - UNION RECOGNITION
Section 1 - Union Membership and Check-off
i. Any employee covered by this Agreement shall be a member of the Union to the extent of paying membership dues and any general assessment uniformly levied.
ii. The company shall deduct from the salary/wages of each employee covered by this Agreement the Union dues as authorized by the Union and shall pay such amount direct to the National Union and Local Union respectively not later than the 10th day of every succeeding month along with the list of employees from whom deductions were made.
iii. Since the Union represents the employees of the Company as defined in Article 2 of this Agreement it is recognized that, in accordance with democratic principles, such employees should participate in the democratic decision-making of the Union.
Section 2 - Non-discrimination
The Company shall not victimize or discriminate against any employee covered by this Agreement because of his or her Union activities in all matters pertaining to hiring, salary/wage rates hours of work and other working conditions or do anything to prevent an employee from joining the union.
Section 3 - Shop Stewards and Local Union Officials
i. The Company recognizes the existence of Shop Stewards and Local Union Executives as the duly elected representatives of the employees of Finatrade Group. All elected Union officials shall be introduced to management after election into office.
ii. Shop Stewards and Local Union officials shall intercede in matters affecting the well-being of industry and labour during the normal working hours.
iii.The Local Union shall furnish the Company with a complete list of Shop Stewards with a copy to the National Union. List of Local Union officials shall be provided to the Company from time to time by the Union.
Section 4 - Notice Board
The company shall provide notice boards placed conspicuously at vantage points on the Company’s premise for the use of the Local Union for the information of their members.
ARTICLE 15 - ENVIRONMENTAL HEALTH SAFETY AND WELFARE
Health and safety management shall be held in high esteem at the same level that is given to the company's strategic goals. Assurance of a safe and healthy environment shall, therefore, be everyone’s responsibility.
All employees shall abide by all health and safety policies that will be developed. All health and safety directives shall be placed on the notice boards and it shall be the responsibility of managers to inform staff members of any health and safety directives.
Staff shall be expected to conform to all health and safety policies and regulations.
Section 1 - Individual Responsibilities
a. No employee shall have possession of or use narcotic drugs on company premises.
b. No employee shall possess any weapon, including but not limited to firearms on company premises.
c. No employee shall use any object to threaten or intimidate another employee on company premises.
d. All supervisors must ensure that electrical gargets are switched off before leaving their offices.
e. Seat belts must be worn by staff when in company vehicles at all times.
Section 2 - Company Responsibilities
The safety policy shall include the following:
a. Employees shall be educated on fire drilling procedures.
b. In case of fire outbreak, there shall be converging points/centers for staff to gather for further instructions.
c. The company shall make sure that all required protective gear is provided and worn by those who need them and staff disciplined if they fail to comply with safety guidelines.
d. Any injuries or death on the job shall be reported immediately to the member of staffs immediate Manager. Such information should be passed on to the HR within two hours for a report to be made to the insurers and Labour Department (Workmen’s Compensation Law PNDC Law)
e. All minor injuries shall be reported and treated at designated hospitals. All companies within the group shall maintain first aid facilities and equipment for such a reason.
f. Health and safety programmes will be run periodically. This should be at least once every year, but preferably quarterly for each company within the group.
g. All drivers shall be required to wear seatbelts and adhere to all driving regulations.
Section 3 - Medicals Facilities
a. The company shall provide medical facilities for all employees.
b. This would either be through the company clinic or the company medical insurance scheme.
c. Details would be worked out at company level
d. Staffs who have been in employment for three years and above shall be entitled to register their dependents under the medical insurance scheme to cover spouse and two (2) children who are below eighteen (18) years.
Section 4 - HIV Policy Definition
HIV infection - applies to all forms of HIV infection, including AIDS (Acquired Immune Deficiency Syndrome) as well as to individuals perceived to have any form of HIV infection.
The company shall be committed to providing AIDS information to staff in order to prevent HIV infection, provide an opportunity for discussion of the social and personal aspects of the AIDS epidemic, and prevent discrimination and unnecessary anxiety. In line with this, the following shall prevail:
a) The company shall not mandate testing for any individual or group. However, the company can encourage voluntary testing, which may be obtained through confidential or anonymous testing facilities, because early identification of the infection can minimize its transmission and allow early treatment which may prolong life expectancy and enhance quality of life.
b) HIV status should not affect determinations regarding working and living arrangements, including hiring, advancement, promotion or termination of staff.
c) Employees with the Human Immunodeficiency Virus (HIV) shall be afforded unrestricted work, attendance, working condition, use of company's facilities and participation in co-curricular and extracurricular activities as long as they are physically and psychologically able to do so.
d) All medical records of HIV patients shall be strictly confidential. Except in life threating situations, no information will be released without the person(s) concerned’s written permission.
e) An employee with HIV or HBV infection shall remain employed as long as he/she makes job performance standards and does not engage in job related activities which current scientific information indicates may expose others to risk of transmission.
Section 5 - Working Clothing
a. The company shall provide reasonable protective equipment and protective devices and clothing as required by law and as considered necessary free of charge.
b. As a condition of employment an employee is obliged to wear and or use such protective item supplied by the company. Failure to do so without any tangible reason shall render the employee liable to disciplinary action.
c. An employee supplied with work clothing/ protective item shall sign for such items and will be responsible for their care and safe keeping. Where such items are loss or damaged through the negligence of the employee, he or she will be surcharged with the cost of replacement value
d. Replacement of such protective items shall be on yearly basis and shall be made upon presentation of old issues.
Section 6 - Transport
The employer shall provide adequate means of transport to convey workers to and from work. The designated picking points shall be arranged by the Employer.
Section 7 - Financial Assistance
i) It is agreed that employee covered by this Agreement who requests for loan may be granted upon the employer guaranteeing an undertaking to seek the loan from the bank. Recovery of the amount shall be spelt out in the banker’s loan requirement.
Section 8 - Renewal of Driving Licenses
Drivers and dispatch riders employed by the company shall have their licenses renewed from time to time at the expense of the company after working for a year.
Section 9 - Legal Aid
The company shall give free legal aid to its employees when they commit offences in the course of their legitimate duties.
Section 10 - Certificate of Service
An employee in good standing, leaving the service of the organization, shall be issued with a certificate of service upon request.
Section 11- Funeral Undertaking
| STATUS | DONATION |
| 1. Staff Member | Cash Donation of GHc 200 for a coffin GHc 1OO for Shroud |
| a. Normal Death | 2 Bottles Schnapps
2 Cartons Beer 2 Cartons Guinness 2 Crates Mineral A bus to convey staff members Life Cover Amount (Refer to Provident Fund) The Cash Value of the Accumulated Fund (Refer to Provident Fund) |
| b. Death on duty | Management to pay mortuary fee for 14 days
Ambulance to convey body GHc 3OO cash in lieu of coffin GHc 1OO for Shroud 2 Bottles Schnapps 2 Cartons Beer 2 Cartons Guinness 2 Crates Mineral A bus to convey staff members Life Cover Amount (Refer to Provident Fund) The Cash Value of the Accumulated Fund (Refer to Provident Fund) |
| 2. Parent | Cash Donation of GHc 3OO
2 Bottles of Schnapps A bus to convey staff members |
| 3. Spouse | Cash Donation of GHc 3OO
1 Carton Beer 1 Carton Guinness 1 Crate Mineral A bus to convey staff |
| 4. Child | Cash Donation of GHc 3OO
1 Carton Beer 1 Carton Guinness 1 Crate Mineral A bus to convey staff |
ARTICLE 16 -DISCIPLINE
Section 1
To serve as guidelines, enhance interpersonal relations among staff and the growth and performance of the group, rules and regulations have been put in place, These rules and regulations shall govern the expected behaviour of ail staff.
Disciplinary action shall not be meted against any employee who is alleged to have committed an offence unless the person has been given the opportunity to defend him/herself through writing (by responding to a query) or face to face to his/her immediate supervisor or disciplinary committee constituted for the purpose. This will depend on the offence.
Any offence shall involve sanctions that shall include but not limited to any of the following disciplinary actions depending on the circumstances and gravity of the offence committed:
1. Written warnings.
2. Suspension without pay.
3. Demotion.
4. Interdiction.
5. Surcharge.
6. Termination.
7. Termination without notice
8. New disciplinary measures may be determined by management from time to time with the Union duly informed.
Section 2 - Minor Offences
1. Politicking in the office.
2. Unexcused/excessive tardiness.
3. Failure to complete work assignment or set targets on expected dates persistently.
4. Loitering on the premises of the company when off duty.
5. Posting, removal or defacing of notices, signs of writings in any form on the Notice Board
6. Any other offence that shall be deemed to be minor.
Penalty
1. Verbal warning for the first offence (this shall be logged in the offence records against the employee)
2. Written warning for the second offence
3. 3-10 working days suspension for the third offence
4. Full disciplinary proceedings leading to termination for continuing offence.
5. A combination of three warning letters will lead to termination of employment.
Section 3 - Major Offences
1. Sexual harassment
2. Leaving your job/post without permission
3. Reporting to work late.
4. Use of insulting language towards another employee/superior/authority
5. Habitual Lateness
6. Failure/ Refusal to attend training programmes
7. Driving company vehicle under the influence of alcohol.
8. Repeatedly committing a minor offence.
9. Failure to use protective equipment as supplied and instructed by the company
10. Loitering on the premises of the company whiles off duty
11. Obtaining material on fraudulent orders or misrepresentation.
12. Refusal to do overtime.
13. Any other acts of gross misconduct.
Penalty
1. Written warning for the first offence and repayment of loss/Surcharging.
2. Final warning, withholding or deferment of increment and/or suspension from duty without pay up to a maximum of 10 working days for a second offence.
3. Termination after subsequent breach of discipline for the third time.
4. The above penalties are without prejudice to the company's right to surcharge the employee where necessary.
Section 4 - Intolerable Offences
1. Falsifying employment application/records/details
2. Stealing
3. Embezzlement of company funds.
4. Falsifying testimony and omissions during investigations
5. Falsifying documents.
6. Violation of safety rules
7. Gross insubordination/misconduct
8. Sleeping on duty
9. Being drunk or under the influence of alcohol during working hours
10. Not wearing prescribed uniform/safety equipment
11. Inefficiency/Persistent below average performance
12. Frequent Absenteeism
13. Refusal to take legitimate instructions from superior/obey instructions.
14. Falsifying company documents
15. Disclosing confidential information of the company to colleagues, the press, customers or any outsider without permission,
16. Fraud.
17. Inciting workers.
18. Negligence (leading to financial loss).
19. Misuse of company funds.
20. Submission of false financial claims.
21. Working for a competitor without authority.
22. Fighting on company premises.
23. Gambling or working lotto within company premises during working hours.
24. Persistent breach of company policies, rules and regulations.
25. Actions likely to bring the company into public disrepute.
26. Giving or countermanding any lawful instructions given to any employee by his superiors or authority in any way preventing or obstructing employees from performing their lawful duties or carrying out such instructions.
27. Having direct knowledge of any unauthorized possession of stealing of any property belonging to the company.
28. Stealing of property belonging to an employee
29. Refusal to accept transfers within 5 days.
30. Driving company vehicle under the influence of alcohol.
31. Failure to alert company on any irregularities or misbehaviour or misconduct of an employee.
32. Coercion, intimidation and threatening of fellow employees/superior/authority.
33. Possession of alcohol or narcotics during working hours.
34. Vacation of post.
35. Wilful damage or destruction of company's property
36. Taking or Trafficking of narcotics drugs
37. Professional Misconduct
38. Policy Infraction
39. Spreading of false, malicious and detrimental information
40. Conviction on criminal offence by a court of law
41. An Employee who receives persistent written warning within a period of 12 calendar months shall have his/her employment terminated
42. Any other act of Gross misconduct Penalty
Summary Dismissal/Termination (depending on the severity of the offence and also to be decided by the Disciplinary Committee)
Section 5 - Interdiction Procedure
1. Where an employee is suspected of committing an offence which requires an investigation, or where a criminal proceeding has been instituted against an employee’s/he shall be interdicted from duty on half pay.
2. A period of 30 calendar days from the date of the offences shall be allowed for the final disposal of the case. Where the period is exceeded, the employee shall be paid in full pending the final determination of the case.
3. An employee on interdiction shall make him/herself available for further investigations on demand
4. An employee on interdiction shall not be allowed to resign from his duty post till the final conclusion of the case
5. If the employee is exonerated, s/he shall be re-instated and all salary/ benefit withheld during the interdiction period shall be paid to the employee
Disciplinary Committee
A five (5) member disciplinary Committee made up of 3 management personnel and 2 persons representing the local union shall be put in place to investigate all cases of misconduct levelled against an employee and submit a written report to management for consideration.
ARTICLE 17 - GRIEVANCE, AND DISPUTE RESOLUTION
The company shall make sure that all grievances are dealt with as speedily as possible and that no employee or representative will be victimized in a manner whatsoever as a direct result of their participation in this procedure.
Section 1 - Grievance Procedure
1. In the event of a grievance and complaint, the employee shall first of all take the matter up with his immediate supervisor/manager. If he/she is not satisfied with the outcome, he/she may ask the shop steward/local union to take up the case.
2. If the case is still not resolved at that level, the local union may request for a meeting between the union executive and management of the subsidiary company involved, with the HR Manager sitting in that meeting.
3. If the union and management are unable to resolve the issue, the union shall present the case to management of Dry Food Processing Ltd to resolve the issue.
4. If step 3 fails, then the local union will inform the Regional Industrial Relations Officer of the Union to meet management and endeavor to settle the issue.
5. If all the steps above (steps 1 - 4) fail to yield satisfactory results, the union shall summon the Standing Joint Negotiating Committee to meet and endeavor to reach an agreement. If the committee fails to resolve the issue, then it may be reported to the National Labour Commission, which shall endeavor to resolve the dispute as provide under the Labour Act 2003 (Act 651).
ARTICLE 18 - LEAVING THE COMPANY
Section 1- Redundancy / Severance Award
i) In the event of any redundancy action to be taken by the employer, the regulation governing the redundancy exercise enshrined in the Labour Act 2003, Act 651 section 65 shall fully apply.
ii) When an employee is declared redundant the company shall pay redundancy award as follows:
• 2 months pay for each year of service
• Any other entitlements due the staff at the time of the redundancy
Section 2 - Retirement (Voluntary and Compulsory)
i) Compulsory retirement age shall be sixty (60) years and voluntary retirement shall be at fifty-five (55) years.
ii) Any permanent employee leaving the service of the company either on voluntary or compulsory retirement shall receive all his entitlements under this Agreement.
iii) The company shall make adequate arrangements for the payment of all entitlements due to an employee retiring from the service under this Agreement in full on the day of his / her retirement.
iv)) Both the Employer and the Employees in either case shall give six (6) months notice in case of voluntary or compulsory retirements.
Resignation
1. Junior staff members shall give one (1) month notice or payment in lieu of notice.
2. Any employee who wishes to resign shall be required to return any property of the company in his/her possession to the HR or Department Manager before he/she is given any benefits. In default the equivalent of the item shall be deducted from his/her benefits.
3. Any resignation request shall be in writing.
4. Leave cannot be used as the notice period when resigning from the company’s employment. Staff must serve out the one month notice required or negotiate specific alternative arrangements. Any outstanding leave can only be taken after the notice period has been served. Such leave will be paid.
Termination
1. Management of the company has the sole right to terminate any employee’s appointment on the following grounds:
i. For non-performance.
ii. Ill health.
iii. Proven misconduct.
2. One month notice or payment in lieu of notice shall be given to any employee whose employment is terminated.
3. Notice of termination shall be in writing.
Dismissal
1. An employee may be dismissed for committing an offence that renders it undesirable in the interest of the company to maintain such an employee.
2. An employee dismissed shall be paid all his/her entitlements accrued as at the time of dismissal.
3, Where the offence has financial implications, the Company shall offset the debt with the worker's entitlement.
4. Any outstanding amount shall then be paid to the employee.
Vacation of Post
1. The company reserves the right to terminate an employee’s appointment where such an employee absents him/herself from duty for (5) five consecutive working days without permission.
2. Such an employee shall be deemed to have vacated his/her post and shall forfeit all employee benefits,
3. In the instance where an employee vacates post, his/her provident fund contribution (employee portion) shall be withheld until he/she submits all company property uniforms, medical card, ID Card etc. in his/her care.
Departmental managers are required to complete the exit checklist and exit performance evaluation with disengaging staff prior to the staff member's last day. Departmental managers are required to instruct disengaging staff and those employees transferring to another department to complete an Exit Interview Form.
ARTICLE 19 - AMENDMENT TO AND VALIDITY OF AGREEMENT
This Agreement shall become effective on 1st January 2014 except as otherwise provided for and shall remain in full force and effect. Furthermore, this Agreement shall continue thereafter for a two (2) year period unless either party to this Agreement express in writing not later than thirty (30) days prior to the above expiration date, a desire to change, modify or terminate the Agreement.
ARTICLE 20 - OBLIGATIONS OF PARTIES
The Management of Dry Food Processing limited and the Leadership of NUTEG of GFL agree that, this agreement imposes serious duties and responsibilities on the union as well as the company and nothing in this agreement shall worsen any existing conditions of service.
SIGNED FOR AND ON BEHALF OF DRY FOOD PROCESSING LTD
MR PHILIPPE KERVELLA
PLANT MANAGER
MS DELLA AGBELIE
FINATRADE GROUP HR MANAGER
MS REGINA ASARE
HR/ADM OFFICER - DFP
SIGNED FOR AND ON BEHALF OF NATIONAL UNION OF TEAMSTERS AND GENERAL WORKERS
MR DESMOND SACKEY
GENERAL SECRETARY
MR MICHAEL TOSU
ADMINISTRATIVE OFFICER
MRKUDZO DUTSYO
LOCAL UNION CHAIRMAN - DFP LTD
MR OBED BREMPONG
LOCAL UNION SECRETARY - DFP LTD
DATE: 10/03/2014
