COLLECTIVE AGREEMENT (CA) BETWEEN FINANCIAL, BUSINESS AND SERVICES EMPLOYEES UNION (FBSEU) OF GHANA FEDERATION OF LABOUR (GFL), AND COB A INDUSTRIES LIMITED.
PREAMBLE:
Deferred
This COLLECTIVE AGREEMENT (CA) is made this …… day of ………2014 BETWEEN Messrs.’ COB A INDUSTRIES LIMITED ((a company incorporated in the Republic of Ghana, hereinafter referred to as the EMPLOYER/COMPANY) and FINANCIAL, BUSINESS AND SERVICES EMPLOYEES UNION (FBSEU) of GHANA FEDERATION OF LABOUR (GFL), a Trade Union officially registered and certified under the Trade Unions Ordinance, 1941 (Cap 91) with Registration Number RTU 22 as repealed and recognized under Section 178 (2) of the Labour Act, 2003, Act 651(hereinafter referred to as the UNION).
ARTICLE 1.0: RECOGNITION - accepted
1.1 The Employer recognizes the Union as the Union with the sole and exclusive Collective Bargaining rights to represent all the Staff and the Probationers (both members and non-members) who are within the class of workers captured in the Certificate and agrees to bargain collectively with the Union on behalf of the Staff and the Probationers with respect to all matters pertaining to wages, hours of work and all the other terms and conditions of employment or non – employment.
ARTICLE 2.0: PURPOSE - accepted
2.1 It is the intention of both parties hereto that this Agreement will promote and improve relations between the Employer and the Union and shall set forth herein basic Agreement covering rates of pay, hours of work and other conditions of employment and/or non - employment to be observed between the parties hereto during the lifespan of this Agreement.
Both parties also, mutually agree to encourage the employee to desist from acts/conducts that are likely to disturb Industrial Peace and Harmony.
ARTICLE 3.0: SCOPE OF THE AGREEMENT - accepted
3.1 The terms and conditions hereby agreed upon shall apply to the class of workers specified on the Collective Bargaining Certificate (CBC) (issued to the Union by the Chief Labour Officer) who are in the service of the Employer at the time of negotiating concluding and signing this Agreement.
It shall also apply to employees who may be later engaged by the Employer; fall within the scope of this Agreement whilst the Agreement is in force.
ARTICLE 4.0: DURATION OF THE AGREEMENT - Accepted
4.1 THIS AGREEMENT shall remain in force for not less than two (2) years, commencing from 1ST JANUARY, 2014 and shall expire on the 31ST DECEMBER, 2016.
4.2 Anytime after twenty-two (22) months, either party to this Agreement may give to the other, one month notice in writing expressing its intention to review the Agreement with a new proposal for the other party's study within the one (1) month period. After the one (1) month notice, both parties shall enter into negotiations on the terms and conditions of a new Agreement, but until a new Agreement is signed and the effective date of its commencement settled the existing Agreement shall continue to be in force.
4.3 Annual Salary Review - Deferred
Notwithstanding the position of sub-article '2' of this Article both parties agree to review the Salaries of the employees annually. Anytime after twelve (12) months from the effective date of this Agreement, and once during the lifespan of this Agreement, either party may give to the other notice of its intention to reopen negotiations towards the review of salaries or a change in the rate of basic salaries in this Agreement.
The percentage of increase shall be determined by the economic conditions and the inflation rates for that year.
ARTICLE 5.0: CONDITIONS OF ENGAGEMENT - To modify
5.1 Upon engagement, any worker who falls within the scope of this Agreement shall be given an appointment letter, which shall state the effective date of employment, job description, job title, working hours and days, salary in addition to a copy of this Collective Agreement (CA) and any appendices that may be agreed upon by the Employer and the Union (Section 9 of the Labour Act, 2003, Act 651 refers).
5.2 The Employer shall keep employment record of every employee covered by this Agreement.
5.3 A newly-engaged employee who has not got any previous experience shall be required to serve a probationary period not exceeding six (6) months, except in certain circumstances where a newly-engaged employee who has got previous experience, may be required to serve a probationary period not exceeding three (3) months. In all situations, confirmation of an employee as a permanent staff shall be by a letter communicating such confirmation to the employee which shall be signed by the Human Resource Manager.
5.4 Unless informed in writing to the contrary, an employee who has completed probation period shall be deemed to have been confirmed as permanent employee. Before a probationer's service is terminated for unsatisfactory performance, the result of the appraisal of his performance shall be made known to him or her in writing.
After the above the Employer may terminate the services of the probationer by giving him two (2) weeks’ notice or pay in lieu of notice in accordance with Section 17 (b) of the Labour Act 2003, Act 651
5.5 At the time of signing this Agreement, all employees who have been in the service of the Employer for not less than six (6) months shall be regarded as permanent employees.
5.6 Individual Contract:
No employee covered by this Agreement shall be compelled to enter into a contract or agreement with the Employer concerning conditions of employment and wages as dealt with in this Agreement or shall be allowed to be bonded by the Employer without prior discussions with the Union. The Employer, after consultations with the Union may, in the case of specialized training, request the employee to enter into a bond.
5.7 Hours of Work:
The maximum hours of work for all categories of employees shall be eight (8) hours a day.
5.8 The Employer recognizes Mondays to Fridays as working days whilst Saturdays and Sundays are also regarded as Weekly Rest Period, and shall grant thirty (30) minutes paid break period to employees who work on shift basis and one (1) hour for those who work during straight day.
5.9 Overtime:
In order for the Company to remain viable, employees may be required to work overtime. Where an employee is authorized by the Employer to work beyond the regularly scheduled hours of work in a particular working day, or where an employee is authorized to work during Public Holidays or Weekly Rest Period, the following rates shall apply:
i Extra hours beyond the maximum hours of work per working day = Total extra hours x 1.5 x hourly rate.
ii. Work done on a Public Holidays = Total hours done x 2 x hourly rate.
iii. Work done on Weekly Rest Period = Total hours done x 2 x hourly rate
iv. Special provision for Pregnant Women and Nursing Mothers.
Unless with her consent, a pregnant woman or a nursing mother) a woman with a child up to one year old]) shall not be engaged to do overtime.
5.10 Rate of Pay:
i. Employees covered by this Agreement shall receive the rate of pay commensurate with their respective job classifications.
ii. The remunerations of all employees shall be calculated on the basis of twenty- seven (27) days and shall be paid on monthly basis between the 25th and the last day of every month.
ARTICLE 6.0: OBLIGATIONS OF THE EMPLOYEES
6.1 No employee shall absent himself from work without authorization from the Employer.
6.2 Any employee who absent himself or herself from work without permission shall be queried on resumption of duty, and if no satisfactory explanation is given within forty – eight (48) hours, he or shall have the equivalent of his wage or salary deducted for the period of the unauthorized absence. The employee shall have the offence recorded in the first instance.
For a second offence under this subsection, the employee shall be given a warning letter.
6.3 Any employee who absents himself from work for seven (7) consecutive working days without given any information whatsoever or who gives unsatisfactory explanation shall be regarded as having abandoned his employment.
6.4 Employees shall enter and leave the employer's premises through the recognized gateway only and shall not be allowed to use any other means.
6.5 Where Identity Card is issued to the employee by the Employer as necessary, it shall not be loaned to other individuals. The employees are under the obligation to wear and produce their Identity Cards to the Security Staff at the gate on demand or entry may be refused.
6.6 No goods whatsoever shall be taken out of the Employer's premises by any employee without presentation of the document of authority which must be presented to the Security Staff at the gate.
6.7 Employees who are required to be in uniforms should be appropriately dressed in such attire.
6.8In the interest of all concerned, where 'NO SMOKING' notices and signs are displayed, smoking is prohibited and where this is disobeyed, it will incur disciplinary measures. Employees must therefore acquaint themselves with fire-fighting equipment and procedures at their workplace.
6.9 Personal property belonging to the employee left on the Employer's premises is at the owner's risk and the Employer shall not assume responsibility.
6.10 No employee shall submit to the Press for publication, any article dealing with the Employer's operations or conditions of service without permission from the Employer.
6.11 It is obligatory on every employee to report to his immediate Supervisor a workplace situation which he/she has reason to believe poses imminent and serious danger to his/her life, health or safety. The employee may suspend the performance of his/her job until the life-threatening situation has been rectified
ARTICLE 7.0: RIGHTS OF THE EMPLOYER
7.1 The Employer has the right to regulate the working hours in accordance with the exigencies of the work provided that, the total number of hours worked by each employee for a basic pay shall not exceed forty (40) hours a week.
7.2 The Employer reserves the right to search any employee or examine any parcel or property being taken out of the premises by any employee or take other precautionary measures as befit the situation if pilferage is suspected.
7.3 Annual leave shall be taken at the convenience of the Employer.
7.4 It is the Employer's right to transfer employees from one station to another or department to another in the interest of the business.
7.5 Departmental transfer may be affected in the interest of the work. However, if the transfer is necessitated by redeployment and such transfer involves changing of the employee’s trade or job the employee will be given the option of accepting the new job assigned or be terminated on the grounds of redundancy.
7.6 The Employer shall give priority to workers recommended by the Employer’s Medical Officer or a recognized Medical Practitioner on grounds of ill-health to be transferred from one department to another subject to the availability of a vacancy at the department
7.7 Where the employees are provided with Uniforms, Work and Protective by the Employer, the Employer shall have the right to deduct, under the Labour Act, 2003, Act 651 the cost of the Uniforms, Work and Protective Clothing from the entitlement of an employee who fails to return, for reason of loss or willful damage of such Uniform, Work and Protective Clothing on leaving the service of the Employer.
ARTICLE 8.0: OBLIGATIONS OF THE EMPLOYER
Annual Leave:
8.1 An employee who has completed twelve (12) month’s continuous service shall be granted an annual leave with pay.
8.2 Every employee shall enjoy an unbroken period of leave. However, the Employer in the case of urgent necessity may request an employee to interrupt his leave and return to work.
8.3 An employee whose leave is interrupted shall be given the rest of the leave days anytime thereafter. Where an employee is required to interrupt his leave under the circumstances stated above, the Employer shall reimburse the employee any expenses incurred by him or her on the account of the interruption.
8.4 In the event that employees are requested by the Employer to take their leave during lean season, the employees as well as the local union officers shall be duly informed.
8.5 Leave pay shall be paid out to employees in such a manner as to ensure continuity in pay. The company shall ensure that there is no break in payment to the employee during the period the employee is on leave and on resumption.
8.6 On leaving the services of the Employer, the employee shall be entitled to a proportionate leave days, taking effect from when the employee resumed duty from his immediate-past leave. The proportionate leave days shall be commuted into cash and paid to the employee.
8.7 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 by virtue of section 24 of the Labour Act.
ARTICLE 9.0: CASUAL LEAVE
9.1Employees shall be granted casual leave with pay to attend to all or any of the following.
i. Sickness of parents, spouse, children.
ii. Funerals and any other emergencies.
The number of days to be granted shall be determined by the Employer in consultation with the local union and shall take into consideration, the circumstances necessitating the request for the casual leave.
ARTICLE 10.0: MATERNITY LEAVE
10.1 Maternity leave shall be granted to an employee who has completed not less than 12 months continuous service in accordance with the following provisions:
i. Six (6) weeks before and six (6) weeks after confinement.
ii. Accrued annual leave days to be taken after the expiration of the maternity leave
10.2 An employee who has qualified for maternity leave shall be paid at the rate of one hundred percent of her monthly salary/wage, but application for such leave must be supported by a certificate from a registered medical practitioner or midwife.
10.3 A pregnant employee is required to present to the Human Resource Manager, through her Head of Department, a medical certificate indicating her expected date of confinement, which shall form the basis for granting of the maternity leave. On production of a Medical Certificate, the period of Maternity Leave shall be extended to at least eight weeks where the confinement is abnormal or where in the course of the same confinement two or more babies are born.
10.4 A nursing mother (a woman with a child of less than one year old) is entitled to a total of one hour, either before the beginning of her normal reporting time or in the cause of her working hours, to nurse her infant. This nursing period shall be paid for by the Employer in accordance with the Labour Act 2003, Act 651.
10.5 If post-natal illness extends beyond the normal maternity leave period, the employee shall submit a medical report and sick leave shall apply.
10.6 A nursing mother shall also be required to provide to the Human Resource Manager a copy of her child’s birth certificate when she resumes from the maternity leave.
ARTICLE 11.0: SICK LEAVE
11.1 Sick leave with pay shall only be granted on production of a medical certificate signed by the Employer's medical adviser or a recognized medical practitioner in a government hospital/clinic and in exceptional cases, such as out - station, on leave, or any such emergencies by a registered Medical practitioner.
In the absence of the above, the employee shall be considered to be on Casual Leave.
11.2 All employees shall be entitled to sick leave with pay as follows:
No. of years of service: Entitlements:
Less than 1 year -Full pay for the first two (2) weeks.
Half (½) Pay for the second two (2) weeks.
1 - 3 years’ service -Full pay for the first 2 months.
Half (½) Pay for the second 2 months.
4 - 10 years’ service - Full pay for the first 3 months.
Half (½) Pay for the second 3 months.
11 years and above -Full pay for the first 4 months
Half pay for the second 4 months
11.3 After exhausting the above sick leave, if the sickness persists, the employee may be subjected to a thorough medical examination to determine whether it will be useful to extend the sick leave or not, before any further period of sick leave may be granted.
11.4 Statutory holidays which occur during an employee's sick leave will be counted as a working day and credited to the employee as having worked for that day.
ARTICLE 12.0: MEDICAL FACILITIES
12.1 The Employer shall provide free medical attention, including renewal of NHIS Cards for all the employees through the National Health Insurance Scheme (NHIS) at a medical institution or clinic in the area of residence recognized by the NHIS.
12.2 Where a specialist's report establishes that an employee's hernia, eye or ear defect has been the result of occupational illness, or where an employee sustains injury, arising out of, and in the course of his or her work, the Employer shall bear the cost of treatment and the provision of lenses and/or ear aids prescribed by the Employer's medical adviser if even the treatment of such disease or sickness is not covered by the NHIS. This shall include cost of transport where, applicable
12.3 The Employer shall also provide free medical treatment for the employees' one unemployed spouse and two (2) unmarried and unemployed children below eighteen (18) years of age, through the National Health Insurance Scheme (NHIS) However where the sickness of an employee’s spouse or child is outside the coverage of the NHIS, the Employer shall support the affected employee to cater for the spouse or the child which shall not exceed five hundred Ghana cedis (GH¢500.00) per annum.
12.5 An employee who falls sick at the work place shall report to his/her immediate Supervisor to obtain permission to seek medical attention.
ARTICLE 13.0: ANNUAL APPRAISAL AND PROMOTION
13.1 Annual Appraisal:
A performance appraisal shall be conducted by the Employer on all employees of the Company on the anniversary of the their appointment every year and this shall form the basis for annual increments, promotions, transfers, retraining and development, withholding, stoppage and deferment of annual increment. All appraisals reports made on an employee shall be discussed with him/ her at an appraisal meeting during which the employee shall be given an opportunity to make comment, if any, on the report and append signature on it.
13.2 Promotions:
Upon the recommendation by the Heads of Departments and approved by the Chief Executive in consultation with the Head of the Human Resource Department, all vacancies shall as far as possible be filled by promotions of suitable qualified persons from within the Company. Promotions will be by efficiency and or qualification, length of service, sense of responsibility, general behaviour and leadership qualities.
ARTICLE 14.0: ANNUAL INCREMENT
14.1 Subject to satisfactory performance, an employee shall be granted an annual increment after twelve (12) continuous month's service. Such increment shall be in accordance with the salary scale of the Company.
14.2 The annual increment of an employee's salary or wage may be stopped, differed or withheld if the performance of the year is unsatisfactory.
14.3 Where it becomes necessary that an annual increment of an employee's salary or wage be deferred, the period of the deferment shall not be less than three (3) months or more than six [6] months and where it becomes necessary that an annual increment should be stopped, the period shall not be more than one (1) calendar year. The increment shall be treated as deferred, stopped or withheld, depending on the performance of the employee.
14.4 An employee who reaches the last notch of his or her corresponding salary scale shall remain on the last notch until promoted. The employee shall be paid an ex-gratia award so long as he/she remains on the last notch, depending on his performance.
14.5 Merit Increase:
In addition to Annual Increment, the Employer shall grant unspecified number of Merit Increase to deserving employees as an incentive for special qualities displayed in their field of work.
ARTICLE 15.0: ANNUAL BONUS
15.1.1 Every employee who, by December of every year has completed twelve (12) months continuous service with the Company shall be paid fifty percent (100%) of his or her basic salary as an annual bonus. Employees with less than twelve months service by December shall receive a pro-rated payment.
ARTICLE 16.0: TRAINING WITHIN INDUSTRY
16.1 The Employer undertakes to provide, within the Company, suitable means of on-the-job training for the employees, including apprenticeship where such training will enable them to secure competence in the performance of their duties and fit them for promotion within the Company.
16.2 Where an employee is required by the Employer to take a course at a recognized educational establishment which requires time off, the Employer shall afford the employee such time off with pay in addition to the cost involved in such course, including boarding, lodging and transport.
16.3 Consideration will be given to the request of deserving employees to attend such courses as would render the employees more competent in the performance of their duties within the Company.
16.4 Where a request by an employee to attend a course is approved by the Employer, the employee shall be granted a Study Leave with pay for a total of eight [8] weeks to enable him or her write the examinations. Manuals provided during the Employer- sponsored course shall be the property of the Company and shall be deposited with the Employer after the completion of the training course.
16.5 The Employer may bond an employee who benefits from an Employer-sponsored course.
ARTICLE 17.0: TRANSPORT
17.1 The Employer shall provide transport to enable the employees travel to and fro work at designated points established by the Employer in consultation with the Local Union.
17.2 An employee who is not provided with transport under Article 17.1 shall be paid a monthly transport allowance of forty Ghana cedis (GH¢40.00).
ARTICLE 18.0: CALL-IN-ALLOWANCE
18.1 An employee called-in from home to work outside his or her normal hours of work shall be entitled to a call-in allowance of fifteen Ghana cedis (GH¢15.00) in addition to overtime.
ARTICLE 19.0: ACTING APPOINTMENT AND ALLOWANCE
19.1 Where an employee is required to perform the duties of a higher post continuously for a period of not less than one month, he shall be paid fifteen percent (15%) of his or basic wage as Acting Allowance for the period for which he has acted, in recognition of his services.
19.2 Where an employee discharges the duties of another employee of a post lower than or at par with that in which he is normally employed and in addition to his normal duties and when overtime is not required, he shall be paid ten percent (10%) of his basic wage as an Acting Allowance for the period he acted, in recognition of his services.
19.3 Promotion may be made earlier at the discretion of the Employer, but where an employee has acted in a vacant position continuously for a period of three [3] months and a further three [3] months in a Senior Position, he shall be made the substantive holder of the post. In the case of a post to Managerial level, it shall be six [6] months in each case.
ARTICLE 20.0: SALARY ADVANCE
20.1Salary advance not exceeding an employee's monthly half salary shall be granted to an employee in financial difficulties provided the Employer is satisfied as to the merit of the individual case. However the Employer shall no unduly withhold such request.
ARTICLE 21.0: FRUSTRATED WORK
Where an employee reports for duty on his normal working days and due to no fault of the employee he is ordered to leave or to stop work by the Employer or any person in the authority of the Employer before the employee can complete the day’s full hours of work, he shall receive the full pay for the day.
ARTICLE 22.0: UNIFORMS/WORK/PROTECTIVE CLOTHING AND DRESS CODE
22.1 The Employer shall provide the appropriate uniforms, work and protective clothing to all the employees.
22.2 Where the Employer provides the employees with Uniforms, Work and Protective Clothing IN THE INTEREST OF THE BUSINESS, it shall be maintained at the expense of the Employer.
The Union may approach the Employer on all matters connected with the provisions of the Uniforms, Work and Protective Clothing.
ARTICLE 23.0: INDUSTRIAL ACCIDENT OR DISEASE
23.1 An employee who is not able to present himself or herself at work due to injuries arising out of, and in the course of his or her employment, shall be granted full pay till fully recovered.
23.2 After subsection '1' of this Article, the provisions of the Workmen's Compensation Law, P. N. D. C. LAW 187, 1987 regarding compensation shall apply, or Workmen's Compensation Law operating in Ghana at the time of the injury shall apply.
23.3 Should an employee contract an accident or disease arising out of and in the course of his employment, the Employer shall provide the employee adequate treatment for the injury or disease to the extent of the facilities available and further, if in the opinion of the Employer's medical adviser, consultations and or medical facilities outside Ghana is required, the cost of the additional treatment shall be borne by the Employer.
23.4 In the event that an injured employee possesses the appropriate skills for another task within the Company, such an employee shall be given the opportunity to undertake that work, or where an employee is deformed as a result of injuries sustained in the course of his or her work, and if the employee can no longer perform his or her usual duties he or she shall be transferred to any other Department within the Company to perform a lighter duty. In the absence of any such opportunity, the Employer may terminate the appointment of the worker on grounds of Redundancy.
ARTICLE 24.0: FUNERAL GRANT
In the unfortunate event that an employee loses a close relation [i.e. Mother, Father, Spouse or Child], the Company shall make a cash donation of a specified amount to the bereaved employee as follows provided he/she has served at least two years in the Company.
i Mother / Father - Gh¢600.00
ii Spouse - Gh¢700.00
iii Child - Gh¢600.00
ARTICLE 25.0: SAFETY RULES
25.1 The Employer shall make reasonable provisions for the Safety and health of all the employees including Protective Devices and other equipment needed to protect the employees from Industrial Accident.
25.2 There shall be a Safety Committee, comprising representative of the Employer, the Local Union and the general workers to discuss relevant safety issues.
ARTICLE 26.0: LEGAL ASSISTANCE FOR DRIVERS
26.1 In the event of Court proceedings being taken against a driver, involved in any motor offence while driving the Employer's vehicle, in the course of his duties, the Employer's Insurers shall provide Legal Counsel for the defense of the employee. In addition, the Employer shall pay the necessary Legal Fees on behalf of the driver.
If after the Court proceedings the employee is found to have breached traffic regulations, he shall be disciplined in accordance with the table of offences and the corresponding disciplinary actions as enshrined under appendixes 'A and B'. In the case of accident the driver shall comply with all procedures required by the Employer's insurer.
ARTICLE 27.0: GRIEVANCE PROCEDURE
Step1- In the event of any grievance, the employee may take the matter up with his immediate supervisor without his or her Shop Steward.
Step 2- If the matter remains unresolved after step '1', the Shop Steward or the Chief Shop Steward shall take the matter up with the Departmental Head and / or the designated representative. In the absence of the Chief Shop Steward, any member of the Union Executives shall accompany the Shop Steward.
Step 3- If the matter still remains unresolved, after step '2' the Local Union Secretary or Chairman shall take the matter up with the Human Resource Manager who will arrange and chair a meeting between the Local Union and the Departmental Head involved.
Step 4- If the matter still remains unresolved after step '3' the Local Union shall report it to the National Union to delegate an Industrial Relations Officer to attempt to resolve it with the Human Resource Manager of the Company.
Step 5- If after exhaustively discussing the matter with the Human Resource Manager, the matter still remains unresolved; the National Union shall summon the Standing Negotiating Committee to meet to endeavor to reach an agreement.
SPECIAL PROVISIONS ON TRADE UNION ACTIVITIES
ARTICLE 28.0: UNION MEMBERSHIP
28.1 In accordance with the provisions of the Labour Act 2003, Act 651, every employee shall have the right to form or join a Trade Union of his or her choice without any interference from the Employer for the promotion and the protection of the employee's Economic and Social Interest.
No restrictions shall be placed on the employee by the Employer in exercising the right to form or join a Trade Union except restrictions prescribed by the Labour Act.
No employee covered by this agreement will be threatened, restrained, coerced or discriminated against by the employer for membership or lawful activity on behalf of the union.
28.2 Every employee who falls within the class of workers specified in the Collective Bargaining Certificate [C.B.C.] issued to the Union by the Chief Labour Officer and who have filled the Union's membership enrolment form shall pay Union Dues uniformly levied against all members of the Union.
28.3 Membership Dues of the Union shall be deducted from the salaries of the unionized employees at source and same shall be deposited by the Employer in an account as the Union may direct.
ARTICLE 29.0: LEAVE OF ABSENCE FOR UNION ACTIVITIES
29.1 Any employee covered by this Agreement who is elected to hold office or as a delegate shall be granted a reasonable Leave of Absence with pay, to attend Trade Union Activities. The length and frequency of such leave shall be determined on a case by case basis. Written notice shall be given to the Employer in advance to enable the Employer re-arrange the business in accordance with Section 129 of the Labour Act, 2003 Act 651.
ARTICLE 30.0: UNION OFFICE AND NOTICE BOARD
30.1 The Employer shall provide a Notice Board, placed conspicuously on the Employer's premises for the usage of Trade Union Information dissemination. All notices appearing on the board shall be signed by a recognized official of the Union. In addition to the Notice Board, the Employer shall also provide an Office for the usage of the Local Union Officers.
ARTICLE 31.0: SHOP STEWARDS (RIGHTS AND RESPONSIBILITIES)
31.1 Either party to this Agreement recognizes the existence of a Shop Steward as official representative of the Union.
31.2 For the purpose of this Agreement, Shop Stewards shall consult or be consulted on all grievances or disciplinary measures at their respective Department with a view to resolving the grievances or enforcing disciplinary measures.
31.3 Shop Stewards shall be offered reasonable facilities during normal working hours to carry out their Union responsibilities, but they shall not leave the workplace without first having obtained the permission of their immediate Supervisors.
31.4 Shop Stewards and other Union Executives shall be paid their normal earnings for any time spent on authorized meetings.
ARTICLE 32.0: GROUNDS FOR DISENGAGEMENT
32.1 The Employment relations between the Employer and the employee shall not be severed unless on the following grounds:
i Termination in accordance with Sections 15 and 62 (a) and (b) of the Labour Act 2003, Act 651 with notice or pay in lieu of notice, by the Employer,
ii Resignation with notice by the employee,
iii Redundancy as prescribed under Section 65 of the Labour Act 2003, Act 651 with severance compensation and notice by the Employer,
iv Ill-Health, either by accident or occupational or non occupational disease with Medical Certification, by either the Employer or the Employee.
v Retirement within the frame-work of the Pension Law, by the Employer and,
vi Death.
ARTICLE 33.0: OBLIGATIONS FOR DISENGAGEMENT
33.1 TERMINATION OF APPOINTMENT
Where the Employer decides to act upon the findings of an internally constituted Disciplinary Committee, to sever the employment relations with an employee by termination of appointment, the Employer shall invoke the relevant provisions as contained in this Agreement.
33.2 SUMMARY DISMISSAL
Where it is established by an internally constituted Disciplinary Committee that an employee has committed a dismissible offence under appendix (b) of this Agreement, the Employer may summarily dismiss the employee without notice. The Employer shall state the reason for dismissing the employee on the dismissal letter to be handed to the employee. The Employer may consider alternative punishment in place of Summary Dismissal.
33.3 RESIGNATION
Where an employee wishes to resign from employment, he / she shall give one (1) month notice or forfeit one (1) month pay in lieu of notice to the employer’ if he or she has served more than three years and two weeks notice or pay in lieu of notice if the services is less than three years.
33.4 REDUNDANCY
Where for one reason or another, the Employer decides to declare any number of employees redundant, the Employer shall follow the procedure as outlined in Section 65 of the Labour Act.
Should the Employer decides to embark on Redundancy Exercise the principle of 'Last in First out'' all things being equal shall apply.
Employees who are declared redundant shall be entitled to Severance Pay in the following order:
CategoryEntitlement
i. One (1) to Five (5) years’ serviceOne and a half months pay multiplied
by the number of years served.
ii. Six (6) to Ten (10) years’ service Two months’ pay multiply by the
number of years served.
33.5 RETIREMENT
In conformity with the Pension Law, an employee shall cease to be an employee of the Employer if he or she attains the age of sixty (60) years. Six (6) months prior to the retirement, the Human Resource Manager shall formally write to inform the employee of the impending Retirement.
A retired employee shall be paid three (3) months’ salary as a Send-off gift in recognition of his or her previous services, provided the employee has served at least five years with the Company.
33.6 ILL-HEALTH
Where a Medical Examination proves that employees who is below the retiring age and can no longer continue to be in employment as a result of ill-health, his or her appointment shall be terminated on the grounds of ill-health. The employee’s one year NHIS premium shall be paid by the employer in addition to six months salary provided he/she has made a minimum of three years continuous service
33.7 DEATH
Should the Company have an unfortunate event of losing an employee, it shall make a cash donation of one thousand five hundred Ghana Cedis (1,500.00) to the family of the deceased employee, provided the employee has served a minimum of one year.
Disbursement of the amount so donated shall be eighty percent (80%) for the spouse and children and twenty percent (20%) for the head of the extended family.
ii The Company shall also make transportation arrangements to convey as many employees as possible who wish to attend the funeral of the deceased employee without impacting negatively on operations of the Company.
ARTICLE 34.0: DISCIPLINE
34.1 For the purpose of enforcing reasonable standards of conduct and performance from employees, the Employer and the Union shall agree to set up a five-man disciplinary committee comprising representatives of both the Management and the Union to investigate all disciplinable cases, whether major or minor offences. This policy is designed to ensure that matters pertaining to discipline in the Company are handled in a fair and reasonable manner. Disciplinary action shall be taken by the Company against any employee in accordance with the provisions of this Article.
34.2 Disciplinary Procedure
i. The Disciplinary Committee prescribed under Article 36(1) shall comprise of three (3) members from Management including a Secretary and three (3) members from the Union. The Chairperson of the Disciplinary Committee shall be a Management member.
ii. The Disciplinary Committee shall sit on a case brought against an employee on the basis of allegedly having committed any of the offences listed under Appendixes A and B of this Agreement.
iii. The Disciplinary Committee shall in carrying out its functions observe the rules of natural justice, as none of the members of the Committee is empowered to act as either a Lawyer for or a Prosecutor against a worker who is being investigated.
iv. In order to ensure workers confidence in the Disciplinary Committee, the Committee shall examine all available evidence in connection with a particular allegation under investigation in a fair and transparent manner. They shall not act on allegiance lines, but shall act objectively and in a cordial and mutual manner, without any trace of bias, either for or against a worker who is under investigation.
v Findings of the Disciplinary Committee after investigating a case, shall form the basis for recommendations, which shall be by consensus and shall be submitted to Management through the Human Resource Manager.
vi In the event of a disagreement within the members of the Disciplinary Committee over its findings and recommendations, the matter shall be forwarded to the Standing Negotiating Committee (SNC) for consideration.
vii Appendix 'A' and 'B' show the table of offences and the corresponding Disciplinary Actions.
34.3 Interdiction
a. Where an employee is suspected or alleged to have committed an offence which can not be immediately proved, he shall be interdicted on half pay pending investigations by the Disciplinary Committee. If at the end of the investigations he is found not guilty of the alleged offence he or she shall be paid as if he or she had worked for the full period of his interdiction. If the employee is found guilty the findings shall be made known to him or her and be treated under appendix 'A' or 'B' of this Agreement, depending on the gravity of the offence.
b. Where an employee is alleged to have committed an offence which is criminal in nature which requires external investigations, the employee shall be suspended indefinitely without going through the disciplinary procedure until the final determination of the case
34.4 Warning and Suspension
i. Where an employee commits an offence which does not amount to a serious misconduct as indicated in Appendix A, he/she shall be warned in writing or be suspended. If after three (3) such warnings or suspensions a fourth offence is committed by the employee, his or her services shall be terminated, notwithstanding that the employee was not taken through the Disciplinary Procedure under Article 36 (1) and (2).
ii. Before a written warning or a suspension is given, the employee shall be given the opportunity to respond to query within two (2) days, including the day on which the query is served. If no satisfactory explanation is given, he shall be given a written warning or a suspension.
iii. Any warning letter or suspension shall lapse after a period of twelve months from the date of the first warning letter or suspension.
ARTICLE 35.0: SAVINGS CLAUSE
35.1 Should any part or provisions of this Agreement be rendered invalid by reason of any existing or subsequently enacted legislation, such invalidity of any part of the provision of this Agreement shall not invalidate the remaining portion thereof. However, mandatory Government Regulations and Enactment shall override the provisions to the extent of the inconsistency of the provision [s] herein.
36.2 Any Article not concluded in this Agreement at the time of signing, shall be deemed to be part of this Agreement once it is concluded and signed by the parties.
ARTICLE 36.0: DIFINITIONS
36.1 In this Agreement (which expression shall be deemed to include the schedules hereto), unless there is something in the subject or context inconsistent therewith, the following expressions have the following meanings.
“Act” means the Labour Act, 2003 Act 651.
“Dependants” means spouse of employee, his unmarried and unemployed children who are not above18 years of age.
COB Ameans the Company, the Employer or Cob (A) Industries Limited.
“Local Union”means Cob (A) employees’ who are members of the National Union, acting in collectives to promote their wellbeing at the enterprise level.
“Management”means all staff appointed and empowered by the Company with the authority and power to undertake management functions of Cob (A) Industries Limited in Ghana.
“National Union” means Financial, Business and Services Employees' Union.
“Nursing mother”means a woman who is nursing a child from the day of birth to ten (10) months and beyond.
“Working Day” means any working day excluding Saturdays, Sundays and Statutory Public Holiday
“Off-days”means an employee's weekly rest period.
“Probationers”mean employees serving their probationary period.
“Shop steward”means the Local Union representative at the Departmental level.
“Staff”means all employees of the Company.
“Standing Negotiating Committee” means a committee jointly constituted by both the Management and the Union, the principal function of which is to negotiate on all matters connected with employment and non-employment or with the terms of employment or with the conditions of employment of any of the workers of the class specified in the Collective Bargaining Certificate held by the National Union.
“Salary” means Substantive consolidated salary and does not include allowances.
“Allowance” means additional income earned by an employee which is separate from his salary
36.2 Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted.
36.3 Subject as herein otherwise expressly defined, in the Labour Act [but excluding any statutory modification thereof not in force on the date of this Agreement] and in the Regulations, bear the same respective meanings.
36.4 Unless otherwise specified, words importing the singular include the plural, words importing any gender include every gender, and words importing persons include bodies corporate and unincorporated, [in each case] vice versa.
ARTICLE 37.0: RESPONSIBILITIES OF PARTIES
37.1 This Agreement embodies the entire understanding of the Employer and Union and supersedes all the previous arrangements between the Employer and the employees and shall not worsen any individual worker's working conditions existing before the coming into force of this Agreement.
37.2 Both parties agree that this Agreement imposes serious duties and responsibilities on the Union as well as the Employer.
SIGNED FOR AND ON BEHALF
OF THE COMPANY
…..………………………………
Divine Agorhom
(Managing Director)
SIGNED FOR AND ON BEHALF
OF THE UNION
………………………
Benjamin Mingle
(General Secretary)
Witnessed by
………………………………….……………………………
Eric Darko
(Human Resource Manager (Local Union Chairman)
DATED
…….. Day of …………………………………, 2014
TABLE OF OFFENCES AND DISCIPLINARY MEASURES
APPENDIX A - MINOR OFFENCES (OFFENCES THAT ATTRACT WARNING OR SUSPENSION, EITHER VERBAL OR WRITTEN)
1 Violation of Dress Code.
2 Sleeping / dosing on the job.
3 Absent without prior notification to the employer or without satisfactory reason.
4 Failure to wear Identification Card in the Employer's premises.
5 Leaving the workplace during normal hours of work without authorization.
6 Continuous failure to maintain satisfactory work performance standards.
7 Smoking in prohibited area.
8 Abuse or waste of Company tools, equipment, property, supplies and goods.
9 Violation of Safety Rules and or practices.
10 Use of Abusive Language.
11 Loitering while on duty.
APPENDIX B - MAJOR OFFENCES (OFFENCES THAT ATTRACT SUMMARY DISMISSAL OR TERMINATION OF APPOINTMENT)
1. Falsification of Time Record, Personal Records or other Company Record.
2. Drunkenness and violation of the Drug and Alcohol Free Workplace policy.
3. Possession of Firearms, Explosives at the workplace.
4. Sexual Harassment.
5. Fighting, encouraging a fight, threatening, causing injury to another person on or off the Company's premises when engaged in a work assignment.
6. Dishonesty
7. Conviction by a competent Court of Law for felony or other criminal offence.
8. Refusing to co - operate during investigations into suspected cases.
9. Refusal to follow instructions or to perform designated work or refusal to follow established rules and regulations
