COLLECTIVE AGREEMENT BETWEEN GOLDEN EXOTICS LIMITED GENERAL AGRICULTURAL WORKERS UNION OF GHANA TRADES UNION CONGRESS (GAWU OF TUC)
EFFECTIVE DATE: 1st JANUARY, 2010
Article 1 - General Basis of Agreement
This agreement on salaries/ wages and minimum conditions of service is made this 1st day of January 2010 between GOLDEN EXOTICS LIMITED (hereinafter referred to as the COMPANY and GENERAL AGRICULTURAL WORKERS' UNION OF GHANA TRADES UNION CONGRESS) officially certified under the Labour Act, 2003 (Act 651) (hereinafter referred to as the UNION) as the negotiating body, provides for the terms and conditions of employment and non- employment and the conditions of labour which shall apply to all unionized employees of the said Company for whom the Union has been certified to negotiate.
Article 2- Object and Scope of Agreement
(a) Object
The Parties to this Agreement bearing the common responsibility for the successful operation of the Company agree to do all within their power to promote stability of employment and productivity by ensuring practically harmonious and peaceful industrial relations to the mutual benefit of both the employer and the employee.
(b) Scope
This Agreement shall apply to all unionized employees.
(c) Exemption
Employees whose status exempts them from the coverage of this Agreement shall not be subjected to any conditions less favourable than the provisions of this Agreement.
d) Availability of Agreement
Management shall supply the Local Union, free of charge not less than ten (10) copies of the current Collective Agreement for the information and education of the members of the Union. A copy of the collective agreement shall also be available at each site where the Company employs labour.
Article 3 - Interpretation of Agreement
If the interpretation of any part of this Agreement is disputed and agreement cannot be reached by the Standing Joint Negotiating Committee, the item in dispute shall be dealt with in accordance with the provisions of the Labour Act, 2003 (Act 651) and any other subsequent enactment.
Article 4 - Recognition of Union
The employer recognizes the General Agricultural Workers Union (GAWU) of GTUC as the representative Trade Union for the purpose of contracting agreement in matters of salaries and wages, conditions of employment and non- employment and all other fringe benefits for all employees of the Company referred to in Article 1 (b) above.
Article 5 - Definitions
For the purpose and throughout this agreement, the terms: -
i. "Employer" shall be used in this Agreement to mean the "COMPANY"
ii. "Graded Staff" shall apply to all employees covered by this Agreement who are on permanent establishment of the COMPANY and whose basic pay is expressed as an amount per annum.
iii. "Employees" shall apply to all employees for whom the Union is empowered to negotiate.
iv. "Salary/Wages" means substantive consolidated basic pay and does not include acting or other form of allowances not consolidated.
v. "Working Days shall exclude Saturdays, Sundays and Statutory Public Holidays.
vi. "Casual Worker" shall mean any person employed to work for a period not more than three (3) continuous months. However, such a period of casual employment shall not exceed six (6) months.
vii. Reference in this agreement to the Masculine Gender shall apply to the feminine Gender, except where the Feminine Gender is so specified.
viii. "Hazard" having the nature and capability of impairing on employees' health immediately or with cumulative effect.
ix. "Risk" any situation which has the potential of causing direct injury.
x. "Spouse" means an employee's wife or husband.
xi. "Children" means an employee's own issue or legally adopted children, provided that such children are not over 18 years of age and are not in full employment. A child who is above 18 years and is still a student up to the first-degree level or its equivalent or an apprentice qualifies as a child.
Article 6 - Period of Validity
a) This Agreement shall come into force and operate from 1st January 2010 and shall remain in force for a period of three (3) years from that date. Wages shall be reviewed annually.
b) Anytime after two (2) years and ten (10) months of the life of this Agreement either party to this agreement may give the other one month's notice in writing expressing its wish for this agreement to remain in force for another period to be agreed upon between the two parties at the time or its intention to terminate the Agreement.
c) In the later event both parties shall enter into negotiations on the terms and conditions of a new agreement but until a new agreement is signed, the present agreement shall remain in force.
d) Notwithstanding the provisions of (i) and (ii) above if any Statutory Regulations affecting the implementation of this agreement are enacted during its life, the parties will meet and on agreement, incorporate them into the Agreement.
Article 7 - Union Shop
Since the Union represents and this agreement covers all the employees of the COMPANY as defined in Article I (b) of this agreement, it is considered that they shall all participate in democratic decision making of the Union and contribute their share to the cost of such representation.
It is therefore agreed that:
a) Every employee covered by this agreement shall become and remain a member of the Union.
b) For newly engaged employees, the clause shall not become effective until they have been in employment of the EMPLOYER for one (1) month and have agreed to be members of the Union.
Article 8 - Check Off
a) Each month, the EMPLOYER shall deduct from the pay packet of each Union member an amount of the Union's regular monthly dues, in accordance with the Act 2003, (Act 651).
b) The Union Dues so deducted shall be remitted along with the number of employees from whose pay the deductions were made in the proportion stipulated by the National Union to:-
1. The Trades Union Congress..........................30%
2. The National Secretariat of GAWU...............50%
3. The Local Union.............................................15%
4. GAWU Regional Secretariat..........................5%
Article 9 - Non Employment of Minors
The Management shall in conjunction with the Union take necessary Steps to ensure that child labour is absent from within and around the Company.
PART TWO: ENTERING THE SERVICE OF THE COMPANY
Article 10 - Engagement and Probationary Period
a) Every employee shall be informed in writing at the time of his/her engagement of the following
i. Grade
ii. Initial Pay or Salary
iii. Whether temporary, on probation or otherwise.
b) Every new employee other than temporary, seasonal or casual employee may on engagement undergo a period of probation which may vary according to the nature of the job but shall not normally exceed six (6) months.
c) Unless informed in writing to the contrary, the reasons for which must be given and copied to the Local Union, an employee who has completed his/her probation will be deemed to have been confirmed in his/her appointment.
d) The Employer may extend or reduce the period of probation in each individual case subject to Section c) and d) above.
Article 11 - Individual Contracts
No employee covered by this Agreement shall be compelled or allowed to enter into any contract or agreement with the Company covering the conditions of employment, wages and salaries as dealt with in this Agreement or shall be allowed to be bonded in any sum to any party without prior discussion with the Union.
Article 12 - Annual Increment
a) When the employee is required to perform work, which carries an incremental scale, he/she will receive an increment annually, unless he/she has received notice of increment being withheld on established grounds of unsatisfactoiy work or conduct.
b) An employee may be awarded more than one increment at the discretion of the Employer.
c) All incremental adjustments shall be at the beginning of the incremental year, which shall be 1st January of every calendar year. At any rate, however, any new employee who assumes duty on first appointment nine (9) months prior to the incremental date shall be eligible for increment.
Article 13 - Promotions
a) Promotions to higher grades shall be by merit tempered with seniority where merit is equal.
b) Where vacancies exist, the Employer will give first consideration to suitable candidates chosen from its serving employees.
c) In the event of a new post being created within the establishment, such posts will be circulated for qualified serving employees to apply.
d) Advertisements are to be placed on Notice Boards at the places where the Company engages labour.
PART THREE: WORKING RULES OF THE SERVICE
Article 14 - Working Hours
a) The standard hours of work for basic pay shall be a maximum of 40 hours a week of five days, except:
- task workers whose work is defined by an assigned daily task. Any task work and the wages shall be a subject matter of agreement between GEL and the Union.
b) The actual hours of work shall be decided by the Employer in accordance with the requirements of the work performed and in agreement with the Local Union, but no employee shall be required to work continuously for more than five (5) hours without a recognized rest which shall form part of the working hours. A worker shall be entitled to a rest period of at least thirty (30) minutes. Where the normal hours of work are in two parts, the rest period should not be less than one hour duration and does not form part of the normal hours of work.
c) Any wage system based on a piece of work will be a subject matter of agreement between the Employer and the Union.
d) Where an employee works for more than 40 hours a week, the additional hours done shall be regarded as overtime.
Article 15 - Overtime
a) Overtime work is work on which the Employee is engaged at the request of the Employer over and above the standard working hours.
b) All employees are expected to work a reasonable overtime unless they put forward any good and valid reasons for not doing so, which in a case of dispute, shall be decided between the Employer and the Union.
c) All employees who are requested to work overtime shall be paid according to the following rates:
Monday to Friday................................Time and half
Saturday..............................................Time and half
Sunday/Public Holidays.....................Double Time
d) In calculating overtime pay, a fraction of cedi shall be counted as a cedi. However, the hourly rate shall be calculated to the tenth of a cedi and the nearest half of production time.
Article 16 - Discipline
Disciplinary measures shall be taken in accordance with the gravity of the offence, having proved beyond all reasonable doubt and after according the employee full privilege of defense either orally or in writing.
a) Termination of Appointment
The grounds for termination of appointment shall include:-
i. Proven misconduct such as dishonesty, bribery, stealing, fraud, gross insubordination, drunkenness at work, assault and fighting when on company's premises and or during working hours if not in the defense of company property, sleeping on duty, aiding and abetting crime, false accusations of fellow workers if proven, abuse of women through sexual harassment, violence and rape and pornography.
ii. Committing deliberate act likely to cause danger to the lives or safety of other employees.
iii. Smoking in or carrying fire to a prohibited area.
iv. Causing damage deliberately to machinery or property of the Employer.
b) Written Warning
i. When the conduct of an employee becomes unsatisfactory, a written warning may be given. Two written warnings followed by a further offence within twelve (12) consecutive months may result in 'the termination of the employee's appointment
ii. When an offence has been committed which warrants termination of the employee's appointment, but where the Employer for certain reasons does not want to exercise its prerogative, "FIRST AND LAST" OR "second and last" warning letter may be issued and where this is done, the fact that the warning is a final one will be made clear in the letter.
iii. After 12 months of good conduct from the date of the last letter of warning, all warning letters previously registered on the employee's service record shall automatically be ignored.
iv.The employee will have the opportunity to read or have the contents read to him in the presence of the Union Representative.
c) Interdiction
i. In the event of an employee appearing to have committed an offence requiring investigation, the employee shall be suspended on 1/2 (half) pay pending the outcome of the investigation. The Union shall be duly informed on such interdiction. If after the investigation the employee is absolved of the charges, he/she shall be recalled and in addition paid in full for the period of his/her interdiction.
ii. Suspension Without Pay
For offences which do not merit summarily dismissal, the employee may be suspended from work without pay up to three (3) days. If the employee commits a second offence, he/she may be suspended for a period up to six (6)days without pay. If a third offence is committed within (12) months, the worker will be summarily dismissed.
d) Legal Counsel for Employees
The Employer shall provide legal counsel including bail for an employee who in the course of his/her official duties and acting within the powers and authority conferred on him by the Employer without negligence on his/her part gets into conflict with the law.
e) Absence from Work
No employee shall be absent from work on any day of the working week without prior permission of his/her immediate officer. Any such absence without reasonable cause for four (4) consecutive or five (5) cumulative working days in a month shall be deemed as vacation of post by the worker and the Employer has full right to replace or appoint a new person.
f) Letters on Disciplinary Measures
Letters on disciplinary measures shall be copied to the Secretary of the Local Union
g) Rules and Regulations
The Employer shall provide the Union with copies of its non-confidential administrative and financial directives issued to general employees from time to time
Article 17 - Transfers
a) All employees accept to be transferred and shall serve the Employer anywhere it operates in Ghana.
b) Permanent Transfer
Permanent transfer shall be a transfer to exceed three (3) months and as far as possible transfer shall be so arranged to coincide with the School Year. However, the Employer may offer assistance in securing accommodation in the form of rent advance.
c) The Employer shall give at least one (1) month's notice where possible to the employee it wishes to transfer permanently.
d) Employees who are transferred and are not provided with the Employer's transport shall travel at the expense of the Employer.
e) The Employer shall pay the cost of transportation of the belongings.
f) Temporary Transfer
Employees who are temporarily transferred shall be provided with transport or traveling cost refunded and provided with accommodation at the new station.
An employee who is on temporary transfer and is housed by the Employer shall be entitled to his/her normal out-of-station allowance other than the portion allocated for accommodation.
An employee who is on temporary transfer and is not housed by the Employer shall be entitled to his/her normal rate of out-of-station allowance.
Article 18 - Leave General
a) Paid Annual Leave
I. The Employer shall prepare a full Leave Roster annually showing date to proceed on leave and the number of days for each employee. This Roster shall be displayed on Notice Board.
II. Paid Annual Leave is earned by the employee only after twelve (12) months continuous service with the Employer. Under exceptional circumstance and at the discretion of the Employer, an employee may be granted full or proportionate leave equal to a lesser period calculated on the basis of completed months of continuous service.
iii. Employees may apply to or be requested by the Employer to accumulate leave for not more than two (2) years. If accumulated leave is approved this shall be taken together.
iv. Paid Annual Leave shall normally be taken consecutively except where exigencies of the work demand, and the Employer requires the employee to work during the employee's period of leave in which case extra leave days equal to the number of days spent shall be granted.
v. In normal circumstances, the Employer shall give, at least two (2) weeks notice of its intention to request an employee to defer his/her leave.
vi. Where one or more Statutory Public Holiday(s) occur during an employee's period of leave, extra paid leave days equal to the number of such holidays shall be granted.
vii. No employee shall forfeit his/her leave
viii. Annual leave shall be granted at the following rates
1. Employees with up to 2 years service: -16 working days.
2. Employees with 2 to 4 years service: -18 working days.
3. Employees with 4 to 6 years service: - 20 working days.
4. Employees with over 6 years service: - 22 working days.
ix. On leaving the service, the employee shall be granted earned leave not taken or payment in lieu thereof in proportion to the number of months served after spending his/her last leave or after engagement in the case of newly engaged employees.
x. Recall from Leave
An employee may be requested to interrupt his/her leave due to exigencies of his work. However, he/she shall be allowed to take the remaining leave days immediately after the completion of the assignment. At any rate, however the Employer shall bear all transport expenses.
b) Sick Leave (Non-occupational accident and sickness)
i. Sick leave with pay shall be granted to an employee only for days absent due to ill health or injury and upon a certificate signed by a registered medical practitioner appointed by the Employer except in cases of emergency; a registered medical practitioner shall be accepted. Failure to produce a medical certificate within three (3) days after reporting to duty shall be treated as absence without permission.
ii. Sick leave with pay shall be granted in any one period of twelve (12) months as follows:
| Years of Work | Full Pay | Half Pay | No Pay |
| 3 years or more | 4 Months | 3 Months | |
| Less than 3 years | 2 Months | 2 Months |
iii. In the above cases, the granting of a further period of sick leave after the maximum period specified above is exhausted shall be at the discretion of the Employer.
iv. If an employee is prevented by ill health, duly certified by a registered medical practitioner, from returning to duty at the end of his/her leave, he/she shall be regarded as absent on sick leave from the expiry date of his/her annual leave. In this case the Company must be notified as when the employee is sick.
c) Compassionate Leave
In special circumstances and by express consent of the Employer an Employee may be granted casual (compassionate) leave upon application up to a maximum of five (5) days within a year and shall not affect the subsequent year's annual leave.
d )Maternity Leave Period of Absence
1. The period of absence on maternity leave shall be covered by
Section 57 of the Labour Act, 2003 (Act 651) and any other subsequent enactments which provides it.
2. A woman worker on production of medical certificate issued by a medical officer or a midwife indicating the expected date of her confinement is entitled to a period of maternity leave of at least twelve (12) weeks in addition to any period of annual leave she is entitled after her period of confinement.
3. A woman worker on maternity leave is entitled to be paid her full remuneration and other benefits to which otherwise entitled.
4. The period of maternity leave may be extended for at least two additional weeks where confinement is abnormal or where in the course of the same period two or more babies are born.
5. Where an illness, medically certified by a medical practitioner, is due to her confinement the woman worker is entitled to additional leave as certified by the medical practitioner.
6. Where an illness, medically certified by a medical practitioner, is due to her confinement the woman worker is entitled to an extension of the leave after confinement as certified by the medical practitioner.
7. An employer shall not dismiss a woman worker because of her absence from work on maternity leave.
8. Nursing Mother
A nursing mother is entitled to interrupt her work for an hour during her working hours to nurse her baby. An extension beyond one hour shall be at the discretion of the Employer in consultation with the Union.
9. Interruptions of work by a nursing mother for the purpose of nursing her baby shall be treated as working hours and paid accordingly.
Article 19 - Statutory Public Holidays
Statutory Public Holidays shall be enjoyed with full pay by all employees covered by this Agreement in accordance with section 77 (1) of the Labour Act, 2003 (Act 651). All employees required to work shall be paid overtime.
Article 20 - Workmen's Compensation
The Employer shall be responsible for the treatment of employees involved in accidents arising out of and in the course of their employment in accordance with the Workmen's Compensation Law 1987.
Article 21 - Medical Facilities
a)The employer shall provide free medical attention to all employees, spouse and three children at a clinic/hospital designated by the employer (Provide NHIS Cards). Dental, Optical and major surgical operations and treatment of an employee shall be at the expense of the employer if it is proven to be resulting from the employment. The employer shall also provide free medical treatment for the employees on the following basis:
1. Treatment of the employees involved in an accident arising out of and in the course of employment in accordance with the Workmen's Compensation Law 1987 and any subsequent enactment thereof.
2. In special circumstances, upon prior approval, management may upon production of satisfactory evidence refund the costs of treatment charged by a member of the government recognized traditional healers association.
3. Periodic Medical Examination
The Company agrees in consultation with the company's doctor and the Union that workers required to, shall undergo periodic medical check up.
Article 22 - Supply of Tools
The Employer shall be responsible for the supply of its employees with working tools such as cutlasses, eye glasses, Wellington boots and hand gloves. At all times, these tools shall remain the property of the Employer and shall be used by the entire employee for work at all times required. In the event of an employee losing any tool supplied by the Employer, the employee shall be responsible for the payment of the replacement value of the tool.
Article 23 - Safety, Health and Environment
a) It is the responsibility of Management to ensure a safe and healthy environment as enshrined in part XV, Section 118-120 of the Labour Act.2003, Act. 651, the employer shall make available to the Union, copies of such policies oil Safety, Health and Environment.
b) Health and Safety Committee
1. The Management in collaboration with the Local Union shall form a health and safety committee. The Composition of the committee shall be three (3) representatives each from the Management and the Union.
2. The health and safety committee shall do a periodic monitoring to ensure the implementation of the health and environment policies of the Company.
Article 24 - In-Service Training/Recreation
a) The Employer undertakes as far as possible to ensure that training facilities exist and are used to enable employees holding posts in the establishment to undergo such training as may be necessary for the performance of the duties of their posts and to enable them to qualify for advancement into high grades.
b) Where an employee is being trained for promotion, he/she shall be acquainted with the period of such training. He/she shall also be informed of the posts to which he/she may be confirmed or promoted if he/she successfully completes his/her training.
c) Employees who pursue suitable courses approved by the Employer shall apply and be granted refund of tuition and examination fees involved at the successful completion of the course.
d) Employer shall endeavour to provide useful reading materials such as magazines etc. for the benefit of the employee to broaden their general outlook. The Company shall grant scholarship to 10 children of the entire workforce who excel and gain admission into the second cycle institutions every year.
e) Recreation
The Employer shall encourage the development of organized recreational activities, provide facilities and maintain equipment for the purpose and benefit of his/her employees.
Article 25 - Incentive Scheme
Incentive Scheme to be determined by the Employer and the Union based on individual productivity shall be established.
Article 26 - Equal Pay for Equal Work
The Employer shall recognize the principle of equal pay for equal work irrespective of sex.
Article 27 - Pay Day/Salary advance and Loans
a) Wages and Salaries of employees shall be paid not later than the last working day of the current month.
b) Salary Paid in Advance
An employee proceeding on annual leave or transfer may be granted on application salary advance not exceeding one (1) month basic pay. The recovery of such advance shall be at the following month or additional month's time at the discretion of the Employer.
Special Loan
An employee in an unavoidable financial difficulty such as loss of immediate parent or disaster arising from acts of nature may be granted special loan, the rate of which may not exceed one (1) month salary. Such loans shall be recovered in three (3) months.
Article 28 - Allowances General
a) Acting Allowance
Acting Allowance shall be paid to an employee who performs satisfactorily the duties of the post in which he/she is acting for not less than four (4) consecutive weeks. Acting allowance shall be the difference between the individual's monthly basic salary and the minimum point of the scale of the substantive
holder of the post in which he/she is acting. An employee who acts in a position outside the Collective Bargaining Agreement shall be paid 30% of his/her salary for the period that he/she acts,
b) Out-of-Station and Day Trip Allowance Night Allowance
An employee who spends a night outside his/her normal place of work shall be permitted to stay in an approved Company Guest House/Hotel. The Employer shall bear accommodation expenses and in addition, pay ten cedis (GHc lO.OO).
c) Day Trip Allowance
An employee assigned official duties, which involve traveling outside his/her normal work place and returns the same day shall be paid five cedis (GHc 5.00) as meals allowance.
d) Transport Maintenance
Management shall pay the rates below to enable employees with means of transport to maintain them.
Bicycle GHc 9.00
e) Traveling and Transport Expenses
Transport expenses incurred by an employee who travels on duty by means of public transport shall be re-imbursed at current local rates.
f) Frustrated Work
Where an employee reports for duty on his/her normal shift but did not perform the day's work due to a fault not caused by him/her the employee shall be entitled to a full day's pay.
Article 29 - Leaving the Service of the Company
The modes by which an employee may leave the service of the Employer are as follows:-
1. By termination of appointment.
2. On reaching the superannuation age
3. On being declared redundant
4. On resignation of appointment
5. Retirement on medical grounds
6. By statutory order
7. Upon incidence of death
8. At the request of the State to take up public post
9. When the Employer ceases to operate but not when an employee remains in employment and the terms and conditions are the same.
(A) Resignation and Termination of Appointment
i) In the event of resignation or termination of appointment, an employee shall give notice of resignation or be given notice of termination of services as indicated below
Less than 6months service:............Nothing
6 months service and above:......... 1 month's notice or payment in lieu thereof.
ii) The Employer shall upon request, give certificate of service to any of its employees who leaves the service.
(B) End-of-Service Award
i) Redundancy
If it is found necessary to effect a substantial reduction in the amount of labour due to;-
ii) Lack of work
iii) Exhaustion of funds
iv) Reduction in the volume of work:
the Employer shall give to the Union three (3) months notice whenever possible but in any event not less than two months notice of the proposed number of employees whose services it intends to terminate. During this period, the Employer undertakes that no lay off on grounds of redundancy shall take place. On receipt of such information, the Union shall enter into discussions with Management on the matter.
(a) Selection of employees who are to be declared redundant shall be determined by merit tempered with length of service and location in consultation with the Union.
(b) Where a dispute on an individual case exists and length of service and relative efficiency become equal, conduct and relative efficiency shall be the over-riding factors.
(c) When subsequent new employment arises, an employee whose employment was terminated as a result of redundancy shall be given preference as far as practicable and on condition that they posses the requisite qualifications.
C) Redundancy and Severance Award
Employees declared redundant or whose services becomes severed in a manner provided for under the Severance Award provision of the Labour Act (Act 651) 2003 shall be entitled to payment of combined Redundancy and Severance Award at the following maximum rates calculated on the current basic earnings:
One (1) year to five (5) years of service: 1 ans 1/2 (One and Half) months basic salary for each completed year of service and the proportion thereof:
Five (5) years and above of service :2 (Two) months basic salary for each completed year of service and the proportion thereof with a maximum cap of sixteen months salary for whatever number of years worked.
D) Leave Pay on Leaving the Service of the Company
When an employee leaves the service of the Company, he/she shall be entitled to payment in lieu of earned leave and all outstanding claims not taken at the time.
E) Retirement on Medical Grounds
An employee who retires on job-related medical grounds shall be entitled to payment of benefits as follows
1-5 years of service:- ........................One (1) month basic salary
5years of service and above: -......... One and a half (1 1/2) months basic salary.
F) Gratuity Award
On retiring after attaining the superannuation age (60 years), an employee shall be entitled to a gratuitous award as follows:
5-10 years-................. Two (2) months salary
Less than 5 years-....... Nothing
G) Next-of-Kin: Beneficiary in the event of Death
At the time of engagement, an employee may nominate the person who in the event of the former's death should be awarded any accrued benefit or rights. The nomination may be revised in writing at any time desirable. If the employee fails to make such nomination, benefits and any entitlements shall be made only to his/her successor, evidenced by Letters of Administration or probate of a Will.
The children or next of kin of an employee who died from any cause other than suicide shall be entitled to payments of gratuity award as follows:
2-5 years of service...........................3 months of basic salary
6- 10 years of service.......................4 months of basic salary
More than 10 years of service ........6 months of basic salary
Article 30 - Provident Fund Scheme
A Provident Fund shall be instituted by the Company and the employees for the benefit of employees. The employee shall contribute 5% from January 2007 whilst the employer will contribute 5% from January 2008.
Article 31 - Funeral Grants
(a) The Management in the event of the death of its employees agrees to provide Coffin or Shroud, transport for the conveyance of the corpse to the place of burial and cash donation to the bereaved family towards funeral expenses, together with embalmment cost of an all-inclusive amount of Six Hundred Cedis (GHc 600.00)
(b) Death of Dependant
On the death of an employee's registered spouse or biological child, the employer shall assist in such funeral expenses by providing transport to convey the corpse to the place of burial and in addition offer cash donation to the bereaved family as follows:
Registered Biological child ..........GHc150.00
Registered spouse..........................GHc 250.00
Article 32 - Long Service and Award
Long service honour shall be bestowed on an employee who has served the Employer for not less than Five (5) years as follows:
5 years service - one (1) month salary and a commemorative certificate 10 years service - three (3) months salary and a commemorative certificate
Article 33 - Permission for Union Meetings
a) The Employer agrees that it shall at all reasonable times grant permission for the Union to gather its members who are employees on his premises and at the work site of the Employer for Union meetings provided that such meetings or gatherings are not held during official working hours without permission.
b) The Employer shall allow Representatives of officials or the Local Union who shall normally not exceed two (2) in number from each station on working days to attend meetings of the National Executive Council, Regular Delegates Conference, Emergency meetings and Educational
Programmes of the Union, provided that the Union formally notifies the Employer at least two (2) weeks before the date of such meetings.
Article 34 - Grievance and Trade Dispute Procedure
a) It is recognized that there are two (2) disputes, which might develop between the Employer and the Union or at the expiration of this Agreement. The kind of possible dispute will be termed herein as "Grievance". The second kind of possible dispute will be termed as "Trade Dispute".
The purpose of this Article is to provide procedures whereby the parties can be assured of prompt and fair settlement of all such disputes.
b) If an employee has a grievance or problem pertaining to the interpretation or administration of his/her work the following procedure shall be followed:-
i. He/she shall first seek a timely redress from his/her immediate superior, i.e. immediate employer representative
ii. If the employee is not satisfied with the decision, he/she receives in item (1) above, or if he/she does not receive a timely answer, he/she shall refer the matter to the Executive Member of the Local Union who will re-discuss for settlement within two (2) days.
iii. If the matter is not resolved as in item (ii) above, the Executive Member shall refer the matter to the Local Secretary who will seek redress from the appropriate departmental head of the Company.
iv. Failure to get settlement as in item (iii) above the matter shall be reduced in writing and shall lie before the Regional Industrial Relations Officer of the Union and the Human Resource Manager of the Company for settlement.
v. The complainant shall have the right to be present at all levels if he/she so wishes.
vi. If the matter is not resolved between the Regional Industrial Relations Officer of the Union and the Human Resource Manager of the Company, attempt shall be made to have the matter settled between the Headquarters Secretariat of the Union and the Managing Director of the Company before referring it to the Standing Joint Negotiating Committee.
vii.If the matter is still not resolved, recourse to voluntary arbitration shall be made, after which the matter shall be dealt with in accordance with provisions of the Labour Act 2003, (Act 651) with a view to resolving it.
c) Trade Dispute Procedure:
i) Settlement of Industrial Disputes
ii) Settlement by Negotiation
The parties to an industrial dispute are under an obligation to negotiate in
good faith with a view to reaching a settlement of the dispute in accordance
with the dispute settlement procedures establish in paragraph (b) of this Article.
ii) Mediation
1. Subject to the time limit in respect of essential services, if the parties fail to settle a dispute by negotiation within seven days after the occurrence of the dispute, either party or both parties by agreement may refer the dispute to the National Labour Commission and seek assistance of the Commission for the appointment of a mediator.
2. Where the Commission is satisfied that the parties have not exhausted the procedures established in the collective agreement or have not agreed to waive those procedures, the Commission shall order the parties to comply with those procedures within such time as the Commission may determine.
3. When the Commission is satisfied that
a) The parties have exhausted the procedures established in the collective agreement
b) The parties have failed to settle the dispute and
c) Noneof the parties has sought the assistance of the Commission to appoint a mediator,
4. The Commission shall request the parties to settle the dispute by mediation within three days of the Commission becoming aware of the non-resolution of the dispute.
5. Where the parties agree to mediate and at the end of the mediation proceedings there is settlement of the dispute, the agreement between the parties as regards the terms of the settlement shall be recorded in writing and signed by the mediator and the parties to the dispute.
6. The settlement agreement referred to in sub section (4) shall be binding on all the parties unless the agreement states otherwise.
7. When at the end of mediation proceedings, no agreement is reached, the mediator shall immediately declare the dispute as unresolved and refer the dispute to the Commission.
Article 35 - Salary/Wages Scales
The Salary and Wage Scales attached to this Agreement as Appendix 'A' are agreed upon so far as they refer to the Employers in respect of whom the Union is empowered to negotiate.
FOR AND ON BEHALF OF GOLDEN EXOTICS LIMITED
JEAN-CLAUDE GRUNER
MANAGING DIRECTOR
GUILLAUME RANSON
PRODUCTION MANAGER (KASUNYA)
FOR AND ON BEHALF OF GENERAL AGRIC. WORKERS UNION OF GTUC
JEAN-MICHEL BLANC
PRODUCTION MANAGER (PARADISE)
GEORGE KPORYE
HUMAN RESOURCE MANAGER
In Presence of
JAMES MOLEOHE
CHAIRMAN LOCAL UNION (KASUNYA)
SETH ASARE OBIRI
CHAIRMAN LOCAL UNION (PARADISE)
