COLLECTIVE AGREEMENT BETWEEN HOTEL INVESTMENTS (GHANA) LIMITED AND THE UNION OF INDUSTRY, COMMERCE AND FINANCE WORKERS
A) PREAMBLE
THIS AGREEMENT is made this 21 day of May 2011 BETWEEN HOTEL INVESTMENTS (GHANA) LIMITED (hereinafter called "the employer") of the one part and BETWEEN HOTEL INVESTMENTS (GHANA) LIMITED (hereinafter called "the Union") which has been certified under the Labour Act, 2003 (Act 651) as a negotiating body within the terms of the said Act for employees at the Labadi Beach Hotel (hereinafter called "the hotel") of the other part.
B) SCOPE OF AGREEMENT
This agreement shall apply to employees of the class set out in the collective bargaining certificate issued by the Chief Labour Officer dated the 18th day of February 2004, a copy of which is hereto attached as Appendix A.
C) DEFINITIONS
(a) For the purpose of this agreement the following expressions shall have the following meanings:
(i) "Employee" means any permanent salaried staff of the hotel for whom the Union has been certified to negotiate.
(ii) "Employer" means Hotel Investments (Ghana) Limited.
(iii) "Family" means one spouse and four (4) children of an employee not above eighteen (18) years of age, provided that children shall include biological as well as legally adopted children.
(iv) "General Manager" means the chief executive of the hotel or any management personnel delegated to act for him.
(v) "Head of Department" means a manager in charge of a department.
(vi) "Hotel" means Labadi Beach Hotel.
(vii) "Management" means the management of Labadi Beach Hotel.
(viii) "Month" means one (1) calendar month.
(ix) "PMSU" means the Professional and Managerial Staff Union of Labadi Beach Hotel.
(x) "Probationer" means any new employee placed on probation for a specified period and whose appointment has not been confirmed.
(xi) "Salary" means the consolidated salary of an employee and does not include any form of allowance.
(xii) "Year" means a period of twelve (12) calendar months.
(b) For the purpose of this agreement, the masculine gender shall include the feminine unless otherwise specified.
D. PURPOSE
(a) It is the intention of the parties hereto that this agreement should promote cordial relations between the employer and the Union and increase productivity among the hotel's employees in order to ensure the best hospitality service to customers and guests of the hotel at all times. This document sets out a basic agreement covering rates of pay, hours of work and other conditions of employment to be observed by the parties during the term of this agreement.
(b) It is also agreed that should any disagreement arise between the parties to this agreement, they shall take steps to settle such disagreement in the manner provided and in accordance with the grievance procedure laid down in the Labour Act, 2003 (Act 651).
(c) Should the economic situation in the country deteriorate significantly in such manner as effects either the employees or the employer adversely or the financial performance of the employer deteriorate significantly before the annual review of salaries is due, the party affected may call for a review which shall be determined by agreement between the parties.
ARTICLE 1 - DURATION
(a) This agreement shall come into force on 1st October 2010 and remain in force for a period of two (2) years. Salaries shall however be reviewed yearly.
(b) At anytime after twenty-two (22) months, either party may give the other one (1) month's notice in writing, expressing its wish for the agreement to continue for a further period to be agreed upon between them or its intention to terminate the agreement. In the latter event the parties shall enter into negotiations on the terms and conditions of a new agreement, but until such time as the new agreement takes effect, this agreement shall continue in force.
ARTICLE 2 - APPOINTMENT PROCEDURES
2.1 APPOINTMENT LETTER
Upon the appointment of any employee who falls within the scope of this agreement, the employer shall furnish him with a letter of appointment stipulating his terms of employment including the following:
(i) Job title;
(ii) Job description;
(iii) Probation period;
(iv) Hours of work;
(v) Salary point; and
(Vi) Salary scale
2.2 PERSONAL DATA/HISTORY
(a) The employer may request the employee to furnish all or any of the following as may be appropriate from time to time:
(i) A completed personal history form indicating the names and ages of members of the employee's family, his marital status, educational background, qualifications, skills etc.
(ii) A medical report from a doctor designated by the employer certifying that the employee is medically fit.
(iii) Documentary evidence of permission to reside and work in Ghana in the case of a non-Ghanaian.
(b) The employee shall promptly notify the employer of any change in any of the particulars furnished under this Article.
(c) Every employee shall give to the employer at the time of his appointment the name and address of a person nominated as his beneficiary. Employees shall be at liberty to alter their nominations from time to time.
(d) In the event of the death of an employee, the employer shall pay any entitlement or benefit due to the deceased employee to his nominated beneficiary subject to sufficient identification.
2.3 PROBATION
(a) Every new employee shall from the date of his appointment serve probation for a period of three (3) months, at the end of which his appointment shall be terminated, confirmed in writing or his probation extended.
(b) If the employer is not satisfied with a probationer's performance, he shall be informed in writing of his shortcomings and his probation period may be extended for a further period not exceeding three (3) months or his appointment terminated.
(c) Unless informed in writing to the contrary, the appointment of an employee who has completed serving his probation period but has not received a letter of confirmation seven (7) days thereafter shall be deemed to have been confirmed.
(d) An employee's appointment may be terminated if his performance proves unsatisfactory even after the extension of his probation period.
2.4 VACANCIES. PROMOTIONS AND APPRAISALS
(a) As far as practicable vacancies shall be filled by giving first consideration to staff.
(b) Notice of vacancies in positions may be put on the notice board at the hotel for those with requisite qualifications to apply
(c) Promotion shall be based on an employee's professional and academic qualifications, experience, efficiency on the job, potential to handle higher and additional responsibility, good human relations, general behaviour and such other factors as the employer may deem fit from time to time.
(d) A performance appraisal report shall be made on each employee of the hotel annually. All appraisals made on an employee shall be discussed with him at an
appraisal interview during which he shall be given an opportunity to make his comments on the appraisal report.
(e) Where an employee is not satisfied with his appraisal he may refer the matter to the General Manager who shall discuss it with him in the presence of a PMSU executive member of the employee's choice. The decision of the General Manager on the matter shall be final.
2.5 INDIVIDUAL CONTRACTS
No employee covered by this agreement shall be compelled to enter into a separate contract with the employer concerning the conditions of employment, wages and salaries dealt with in this agreement. No employee shall be bonded in any such employment contract with the Employer without the prior approval of the Union.
2.6 NOTICE OF TERMINATION AND RESIGNATION
(a) Every employee shall be entitled to notice in writing by the employer in the event of termination of his appointment. A confirmed employee shall be entitled to at least one (1) month's notice in writing or one (1) month's salary in lieu thereof. A probationer shall be entitled to at least seven (7) days' notice in writing or seven (7) days' salary in lieu thereof.
(b) Every confirmed employee wishing to resign from the service of the employer shall give at least one (1) month's notice in writing of his intention to resign or pay one (1) month's salary in lieu thereof. A probationer shall give at least seven (7) days' notice in writing or pay seven (7) days' salary in lieu thereof.
ARTICLE 3 - GENERAL CONDITIONS OF WORK
3.1 WORKING HOURS
(i) a) The standard hours of work for basic pay shall not exceed forty (40) hours per week of five (5) days.
(ii) In all cases, the hours of work shall be regulated by Management in accordance with the exigencies of work and in consultation with the Union, provided that the total number of hours worked for basic pay will not exceed the standard working hours as laid down in (i) above.
(iii) A minimum of one hour's break shall be allowed employees every day and this shall not be counted as working hours.
(b) An employee's working hours may be structured in the following shifts:
(i) day shift;
(ii) night shift; or
(iii) mixed or rotating shift.
(c) Rosters shall be prepared well in advance to meet these requirements. Where the employer envisages any changes, employees affected shall be given sufficient notice of them.
3.2 PUBLIC HOLIDAYS
(a) Employees shall be allowed to enjoy all statutory public holidays provided that those working in vital operational areas of the hotel may be required by the employer as and when necessary, to work on such holidays.
(b) An employee shall be entitled to an extra day-off if his day-off falls on a public holiday.
(c)An employee who is required to work on a public holiday shall be entitled to two (2) extra days-off.
3.3 UNIFORMS AND SHOES
(a)A uniform allowance of the equivalent of nine hundred US dollars (US$900) shall be given to every employee to acquire uniforms and shoes for work. Employees shall be responsible for the good care of their uniforms.
(b) Employees' uniforms shall be cleaned at the hotel laundry at no cost to them. Such cleaning shall be done at times convenient to the employer, which times shall be communicated to all employees.
3.4 LEGAL ASSISTANCE
In the event of legal proceedings being taken by a third party against an employee for an act arising out of and in the course of carrying out conscientiously the rightful and authorised instructions of the employer, the employee shall be provided with legal assistance for his defence by the employer.
3.5 FRUSTRATED WORK
(a)When an employee reports for duty on his normal working day and due to no fault of his, the employee is ordered to leave or stop work by any Management personnel of the hotel before completing a full day's work, he shall receive full payment for the day.
(b) This provision shall not apply to situations where the employee has been ordered to leave or stop work as a disciplinary measure.
ARTICLE 4 - WAGES AND SALARY ADMINISTRATION
4.1 SALARY INCREMENT
(a) In determining the general salary review, the parties hereto shall take into account national economic indicators such as the consumer price index, projected rate of inflation, general cost of living and salary levels in the hotel and commercial sub-sectors of the economy. Above all, the level of review shall depend on the hotel's financial position. Each employee shall be entitled to a fixed percentage review of his salary.
(b) An employee who successfully completes his probation and is confirmed shall be paid a salary appropriate to the position to which he is confirmed.
4.2 RATES OF PAY
(a)An employee covered by this agreement shall receive the rate of pay agreed between the parties hereto and as is appropriate to his job classification.
(b)All deductions required by law shall be made from the salary of an employee.
4.3 SALARY ADVANCE
(a)A salary advance not exceeding his net monthly salary may be granted to an employee in financial difficulty.
(b)A salary advance made to an employee shall be repayable in the same month in which it is given.
4.4 ANNUAL BONUS AND CHRISTMAS PACKAGES
a) An employee may be paid an annual bonus based on the hotel's and the employee's performance.
b) Such bonus when declared, shall be paid in the last week of November.
c) A confirmed employee who has worked in the hotel for less than a year may be paid an annual bonus on a pro-rata basis when annual bonuses are being paid to other employees.
d) At Christmas, the employer shall give to every employee a package comprising the following:
i) 25-kilogramme bag of rice;
ii) 5-litre gallon of oil;
iii) a pack of biscuits;
iv) 2 400-gram tins of tomato puree;
v) 6 canned drinks;
vi) a chicken; and
vii) 2 tins of corned beef.
4.5 TOTAL DEDUCTIONS FROM SALARY
Deductions from an employee's salary in respect of loans and other advances shall not exceed forty per cent (40%) of the employees net monthly salary.
ARTICLE 5 - ALLOWANCES
5.1 PER DIEM ALLOWANCE
Where an employee is required to travel on an official assignment outside his normal place of work and spend a night away from home, or travel outside Ghana, the employer shall bear the cost of the trip, accommodation, meals and transport expenses. Where the employee travels outside Ghana, he shall be paid a per diem allowance of one hundred US dollars (US$100) per day. If within Ghana, his per diem allowance shall be fifty Ghana cedis (GHc 50) per day.
5.2 DUTY ALLOWANCE
Employees in the kitchen and computer departments who regularly work above the forty (40) hours stipulated in Article 3.01 hereof at the request of Management shall be paid a duty allowance of thirty-five Ghana cedis (GHc 35) monthly and be reimbursed transport costs incurred by them whenever they are recalled to work after working hours.
5.3 ACTING ALLOWANCE
(a)An ex-gratia award shall be made to an employee who is required to perform the duties of a position higher than his for a continuous period of not less than ten (10) working days.
(b) An employee who is required to act in such a position shall be given a letter to that effect. Anyone who acts on his own accord without such a letter will not be entitled to any benefit.
(c) Where an acting assignment is for the purpose of training, which may thereafter lead to promotion, the employee shall not be paid an acting allowance for the period specified.
(d) No employee shall be required to act in a vacant position for a period exceeding two (2) months. On the expiration of the two (2) month period, Management shall review the situation and make a decision as to whether the employee shall be confirmed in that position or not.
(e) The ex-gratia award shall be calculated at the rate of twenty per cent (20%) of the employee's monthly salary for each month that the employee acts and on a pro-rata basis for periods less than one (1) month.
5.4 CASHIERS' ALLOWANCE
Employees whose duties involve handling of cash shall not be required to refund shortages or losses that occur in the course of their performance of their duties unless it is clearly established that such shortages or losses occurred through negligence or fraud on their part.
ARTICLE 6 - LEAVE
6.1 ANNUAL LEAVE
(a) Annual leave shall be earned and granted to all employees who have been in the employer's service for a continuous period of twelve (12) calendar months. The length of leave granted to employees shall depend on their length of service and shall be as follows:
(i) Those who have served for between one (1) year and four (4) years shall be entitled to twenty-five (25) working days leave; and
(ii) Those who have served for five (5) years and above shall be entitled to twenty-eight (28) working days leave.
(b) There shall be no accumulation of leave. However, where the employer requests an employee to postpone his leave for any reason, the employee shall be informed of this request in writing and he shall be entitled to take his leave as soon thereafter as possible.
(c) An employee who has not worked with the hotel for one (1) calendar year shall be granted paid leave on a pro-rata basis.
(d) An employee proceeding on leave shall be required to hand over to whomever the employer may direct.
(e) An employee recalled to work from leave before his leave period ends shall be given the rest of his leave and reimbursed the transport expenses incurred by him as a result of the interruption of his leave. In addition, sixty-five Ghana cedis (GHc 65) inconvenience allowance shall be paid to him for each period that his leave is interrupted.
(f) In the case of termination or resignation, an employee who has not taken his annual leave shall be entitled to leave calculated on a pro-rata basis provided that his length of service is not less than three (3) months.
6.2 CASUAL LEAVE
(a) An employee who has already taken his annual leave may upon an application in writing be granted casual leave not exceeding fourteen (14) days to enable him attend to urgent personal matters. The proof of the genuineness of the reason for such leave shall be on the employee.
(b) In exceptional circumstances, the employer may grant casual leave with or without pay beyond the maximum period herein stipulated.
6.3 COMPASSIONATE LEAVE
The employer shall at the request in writing of an employee grant him five (5) working days compassionate leave on the death of a member of the employee's immediate family as indicated in the employer's records.
6.4 MATERNITY LEAVE
(a) Where a female employee becomes pregnant, she shall upon the production of a certificate issued by a medical doctor or a registered midwife, be granted three
(3)months maternity leave with full pay.
(b) The Personnel Manager may, based on the employee's medical report and her work performance during the period of her pregnancy, in consultation with the employee and her medical doctor, request the employee to proceed on her maternity leave any time within six (6) weeks of her expected date of delivery.
(c) Maternity leave shall be extended by two (2) weeks where confinement is abnormal or where two (2) or more babies are born.
(d) A nursing mother returning to duty after her maternity leave shall be allowed, for one (1) year after her resumption of duty, one (1) hour a day to nurse her baby. The specific lime for nursing shall be agreed between the employee and her Head of Department.
(e) Absence from duty arising from pregnancy in excess of the maximum period prescribed above shall be regarded as absence on grounds of ill-health on the production of a medical certificate and the rules governing sick leave shall apply.
(f) The maternity leave period shall not affect the earned annual leave of the employee which shall be counted as if she were on duty.
6.5 SICK LEAVE
(a) Sick leave with pay shall be granted to an employee on the production of a genuine medical certificate from the employer's designated doctor.
(b) The length of time in a twelve (12) month period over which an employee may be granted sick leave with pay shall depend on his length of service.
(i) Employees who have served the employer for over ten (10) years shall be entitled to a maximum period of five (5) months with full pay and five (5) months with half pay, provided that in exceptional circumstances, the General Manager may in his discretion review the maximum length of paid sick leave for such employees. Should they be retired on medical grounds pursuant to Article 6.05(f), they shall be entitled to six (6) months' pay.
(ii) Employees who have served the employer for between five (5) and ten
(10)years shall be entitled to a maximum period of four (4) months with full pay and four (4) months with half pay. Should they be retired on medical grounds pursuant to Article 6.05(f), they shall be entitled to four (4)months' pay.
(iii) Employees who have served the employer for over one (1) year but less than five (5) years shall be entitled to a maximum period of three (3) months with full pay and three (3) months with half pay. Should they be retired on medical grounds pursuant to Article 6.05(f), they shall be entitled to three (3) months' pay.
(c) The employer may call for a special medical examination and medical certificate on an employed on sick leave at any time during the period of the employee's sickness.
(d) Where the sick employee is not satisfied with the employer's designated medical doctor's recommendations made pursuant to clause (c) above, he may in consultation with Management seek a second opinion from a medical doctor agreed between them.
(e) Any employee found working whilst on sick leave will be subject to summary dismissal.
(f) At the end of the maximum sick leave period applicable to an employee, if it is certified by the employer's designated doctor or any other doctor accepted by the employer and the employee that the employee is unfit to work, he may be retired on medical grounds.
(g) An employee who is retired on medical grounds shall be paid all the entitlements due him from the employer promptly.
6.6 LEAVE OF ABSENCE FOR UNION ACTIVITIES
(a) An employee elected to serve in a permanent office in or as a delegate to any labour activity necessitating a leave of absence may with the prior approval of Management be granted leave with pay during such period.
(b) Written notice for such leave stating the length of leave required shall be given to the employer as far in advance as possible but in no event shall such notice be less than five (5) days prior to the date such leave is to become effective.
(c) The length of leave and its frequency within a year shall be determined on the merit of each individual case by and at the discretion of the Management.
6.7 LEAVE PAY ON TERMINATION OR RESIGNATION
Employees resigning or being discharged from the service of the employer shall be paid for earned proportionate leave.
ARTICLE 7 - WELFARE
7.1 MEDICAL FACILITIES
(a)The employer shall provide free medical care for all employees.
(b) The employee's family as defined in this agreement shall be entitled to medical care including dental care, not exceeding an amount of one thousand Ghana cedis (GHc l,000) a year, provided that where the said amount is exceeded, the employee may request a review of the amount which may be granted at Management's discretion.
(c) Management in exercising its discretion to review the amount referred to in Article 7.01(b) shall consider each request for review on its merits.
(d) Medical care includes specialist treatment and the cost of an ordinary pair of spectacles and lenses if the need for them results from the performance of the employee of his duties in the course of the employer's service.
(e) The employer shall not be responsible for medical treatment for self-inflicted injuries, cost of dentures or maternity or nursing home fees.
7.2 ILL-HEALTH
An employee who is unable to attend work as a result of ill-health shall notify his Head of Department through the Personnel Manager within twenty-four (24) hours of his illness.
7.3 OCCUPATIONAL INJURIES
An employee who sustains injury in the course of his employment shall receive his salary and such other payments as he shall be entitled to under the employer's Group Personal Accident Insurance Policy during his period of hospitalisation. The employer shall pay all his medical expenses.
7.4 FUNERAL GRANT
(a) The employer shall donate the following to the bereaved family in the event of the death of an employee:
(i) cash of two thousand Ghana cedis (GHc 2,000);
(ii) a coffin or other relevant burial material the cost of which shall be decided in consultation with the PMSU;
(iii) two (2) bottles of schnapps;
(iv) two (2) bottles of gin;
(v) two (2) bottles of whisky;
(vi) two (2) cartons of beer;
(vii) two (2) crates of soft drink; and
(viii) a wreath.
(b) The employer shall provide transport to convey the body to its place of burial within Ghana as may be directed by the family of the employee, as well as transport for employees to attend the funeral.
(c) In the event of the death of an employee's child or spouse, the employer shall make a cash donation of one thousand, nine hundred Ghana cedis (GHc 1,900) to the employee.
(d) In the event of the death of an employee's father or mother, the donation to the employee shall be one thousand, four hundred Ghana cedis (GHc 1,400).
ARTICLE 8 - TRAINING
(a) The employer shall endeavour to provide foreign and local training opportunities and facilities for employees to increase their productivity and enhance their chances of promotion within the hotel.
(b) As a positive step towards the policy of promotion from among serving personnel, the employer shall encourage deserving employees through in-service and institutional training to enhance their efficiency and develop their potential. Such training shall cover all sections of the hotel.
(c) The employer shall pay the tuition and examination fees of employees who with Management's prior approval, pursue courses that will in Management's view, be beneficial to the hotel.
(d) An employee required to undergo training will be advised on the duration of training and the purpose and details of training where necessary.
ARTICLE 9 - DISCIPLINARY CODE
9.1DISCIPLINE
The disciplinary action which may be taken by the employer against an employee
includes:
(i) Summary dismissal;
(ii) Termination of appointment;
(iii) Suspension from duty without pay; and
(iv) Written warning.
9.2 DISCIPLINARY PROCEDURE
The following are the disciplinary procedures applicable to all employees:
(a) Where an employee's work performance or conduct is unsatisfactory, this shall be discussed with him by the head of his department or the Personnel Manager. Thereafter, if his work performance or conduct continues to be unsatisfactory, he may be given a written query to which he shall provide a written response and the PMSU shall be duly notified.
(b) Where an employee commits an act amounting to a misconduct, he may be given a written query to which he shall provide a written response.
(c) Management may, if dissatisfied with an employee's response to a written query, give the employee a written warning. Before any such written warning is issued both in the situation of unsatisfactory conduct, work performance, or misconduct, a discussion shall be held with the employee in the presence of not more than two (2) PMSU representatives during which he shall be provided an opportunity to defend himself.
(d) Where an employee receives two (2) written warnings regarding his unsatisfactory conduct, work performance or misconduct, he may be dismissed on the commission of a third (3rd) offence warranting another written warning.
(e) A written warning shall cease to have effect for the purpose of disciplinary action after a period of twelve (12) consecutive months, provided however that such warning shall not be treated as ineffective and may be taken into account in
disciplinary proceedings in situations where the employee wilfully commits the same offence after the said period.
(f) An employee may be suspended on half pay pending investigations when he is suspected of committing an offence. If at the end of investigations he is found not to have committed any offence, he shall be reinstated and paid in full for the whole period of his suspension.
(g) An employee who is alleged to have committed an offence which could lead to suspension, termination or dismissal shall be given a hearing by a committee constituted by not more than three (3) Management representatives, one (1) of whom shall chair the proceedings, and not more than two (2) PMSU representatives.
(a)The chairman of the disciplinary committee shall after the hearing forward their recommendations to the General Manager, whose decision on the disciplinary measure, if any, to be taken against the employee shall be final.
(b)For the avoidance of doubt, every written warning shall be preceded by a written query.
9.3 SUMMARY DISMISSAL
(a) When an employee commits an act amounting to gross misconduct or serious breach of discipline, he shall be liable to summary dismissal.
(b) Acts of gross misconduct and serious breach of discipline include the following:
(i) Stealing property belonging to guests, other employees or the employer as well as removing hotel property from the hotel premises without authority.
(ii) Insulting, coercing, intimidating or threatening any of the hotel's guests, other employees, supervisors or other management staff or members of the general public.
(iii) Assaulting, having or provoking a fight with a guest, another employee, a supervisor or other management staff. In relation to any member of the general public, the said acts shall amount to gross misconduct if done within the hotel premises.
(iv) Being under the influence of an alcoholic beverage, an illegal drug or any such substance while on duty.
(v) Behaving dishonestly or fraudulently, as for example, falsifying bills, giving false information as regards absence or sickness or abusing the clock card system.
(vi) Wilfully causing damage to property belonging to a guest or the employer.
(vii) Disclosing confidential information relating to the hotel or any of its guests to anyone without the prior approval of Management.
(viii) Gambling on the hotel premises.
(ix) Serious breach of security or hotel procedures.
(x) Sleeping on the hotel premises while on duty.
(xi) Soliciting tips or money from guests.
(xii) Quarrelling or behaving in a disorderly manner.
(xiii) Using without authority any facility or property provided for the management of the hotel or its guests.
(xiv) Doing an act without reasonable excuse where such act amounts to failure lo perform in the proper manner any duty given to the employee.
(xv) Doing any act which shall be deemed to be detrimental to the good conduct of the hotel's business, or which tends to bring the hotel's image or name into disrepute or ridicule, or which goes against the standards set by the hotel.
(xvi) Inefficiency.
(xvii) Insubordination.
(xviii) Gross negligence of duty.
(c) The power to summarily dismiss an employee lies with the General Manager or in his absence whoever shall act in his place.
9.4. TERMINATION OF APPOINTMENT
Without prejudice to Articles 2.06 and 11.03, the employer may pursuant to Article 9.02 terminate the appointment of an employee by giving the required notice or salary in lieu of notice.
9.5 SUSPENSION
An employee who is found to have done anything detrimental to the hotel's business may be suspended from duty without pay.
9.6 WARNING
An employee who commits an offence which in the opinion of Management is not so serious as to warrant summary dismissal, termination, or suspension from duty, may be given a written warning.
ARTICLE 10 - UNION
10.1UNION NOTICE BOARD
The employer shall provide a notice board placed conspicuously at the premises of the hotel for the use of the Union.
10.2 CHECK OFF/UNION DUES
(a) The employer shall deduct from the salaries of employees who are members of the PMSU, the amount of their monthly dues as directed by the Union.
(b) Sums deducted shall be paid over as directed not later than one (1) month after the date on which the salaries are paid.
ARTICLE 11 - LEAVING THE SERVICE OF THE HOTEL
11.1 CERTIFICATE OF SERVICE
On leaving the service of the employer, a Certificate of Service shall be issued to an
employee if he so requests.
11.2 REDUNDANCY
(a)Where the employer is compelled to declare any employee redundant, the employer shall give not less than three (3) months' notice in advance to the Union of the action to be taken, and such a redundancy exercise shall be conducted in accordance with the laws of Ghana.
(b) The policy of "first in, last out" shall apply, all things being equal.
(c) Employees declared redundant shall be entitled to the following severance payments the amount of which shall depend on their length of service
(i) 1-5 years service
(ii) above 5-10 years service
(iii) above 10 years service
2 months salary for each year of service
4 months salary for each year of service.
6 months salary for each year of service.
11.3 VACATION OF POST
(a)Any permanent employee who absents himself from duty for five (5) consecutive days without prior written permission from his Head of Department shall be deemed to have vacated his post and his employment shall automatically be terminated after the fifth (5lh) day, without notice.
(b)A probationer who absents himself from duty for three (3) consecutive days without prior written permission from his Head of Department shall be deemed to have vacated his post. His employment shall automatically be terminated after the third (3rd) day without notice and he shall forfeit any benefit due him.
(c)A permanent employee who vacates his post may be paid all his outstanding earned entitlements.
11.4 RETIRING AGE
(a) There shall be a voluntary retiring age of fifty-five (55) years and a compulsory retiring age of sixty (60) years for all employees. Notice may be given to such an employee before his date of retirement.
(b) An employee who retires at the age of sixty (60) may be re-employed on contract at the discretion of Management if the employee's services are still required.
(a) The employer shall make the following awards to employees retiring at the age of sixty (60) who have been in its service for the following periods:
i. between ten (10) and fifteen (15) years - four thousand US dollars (US$4,000)
ii. above fifteen (15) years- six thousand US dollars (US$6,000)
ARTICLE 12 - OTHER BENEFITS
12.1 LONG SERVICE AWARD
The employer shall present Long Service Awards to deserving employees as follows:
(i) An employee with five (5) years of service shall be presented with a certificate.
(ii) An employee with ten (10) years of service shall be presented with a certificate and a fridge-freezer.
(iii) An employee with fifteen (15) years of service shall be presented with an amount of eight hundred US dollars (US$800).
(iv) An employee with twenty (20) years of service shall be presented with an amount of one thousand US dollars (US$1,000).
12.2 SCHOLARSHIPS FOR EMPLOYEES' CHILDREN
(a) Subject to Article 12.02(d), the employer shall award three (3) scholarships each year for a period not exceeding four (4) years to three (3) children of employees for the purpose of their pursuing education in Senior High School, Technical or Vocational Schools.
(b) Out of the children awarded such scholarships the employer shall award scholarships every year to two (2) of those who have gained admission to tertiary institutions.
(c) The employer shall provide a textbook allowance of eighty-four Ghana cedis (GHc 84) a year for children of employees to whom scholarships are awarded as well as an accommodation allowance of seventy-two Ghana cedis (GHc 72) a year for those among them in tertiary institutions.
(d) The employer may revoke the scholarships if the performance of any such child deteriorates significantly or if the employee is dismissed, designs or has his employment terminated.
(e) Should the employee be declared redundant however, it shall not be a basis for the revocation of a scholarship awarded to his child.
(f)All applications for scholarships shall be channelled through the Union to such person or persons as the employer shall nominate to administer the Scholarship Scheme.
(g) The employer shall provide each employee whose child attends primary school with the equivalent of eighty US dollars (US$80) a term in respect of each such child. Whenever the employer decides to discard, sell or change any of its fittings, furnishings, equipment, vehicles and other property, it shall give preference to interested employees in auctioning, selling or giving out the said items.
12.3 PROVIDENT FUND SCHEME
(a) The employer shall institute a Provident Fund Scheme to which all employees except probationers shall contribute ten per cent (10%) of their monthly salary. Such contributions shall be deducted monthly from the salaries of all employees before they are paid.
(b) The employer's contribution to the Provident Fund shall be as follows:
(i) For employees with up to five (5) years service, five per cent (5%);
(ii) For employees with above five (5) years service up to ten (10) years service, seven and a half per cent (7and 1/2%); and
(iii) For employees with over ten (10) years service, ten per cent (10%).
(c) Employees may not apply to make withdrawals from the Provident Fund or use the credit balances standing in their favour to guarantee loans until they have contributed to it for a minimum of three (3) years.
(d) An employee who leaves the service of the employer before three (3) years of membership of the scheme shall be entitled only to his total contribution to the scheme and any interest that has accrued thereon.
(e) An employee who leaves the employer's service after three (3) years of membership of the scheme shall be entitled to both his contribution and the employer's together with any interest that has accrued thereon.
(f) At least one (1) PMSU representative shall participate in the administration of the Provident Fund Scheme.
12.4 LOANS
(a) The employer may grant a loan to an employee in a sum not exceeding eleven thousand US dollars (US$11,000).
(b) Such loans shall be granted subject to terms and conditions to be laid down by the employer and shall be repaid over a period not exceeding three (3) years.
12.5 FUEL ALLOWANCE
(a) Every employee shall be entitled to a fuel allowance equivalent to the price of fifty-five (55) gallons of petrol a month.
(b) Employees who use their own cars for work shall be entitled to a maintenance allowance of the equivalent of one hundred US dollars (US$100) a month and all others, to an amount of the equivalent of twenty US dollars (US$20) a month.
ARTICLE 13 - GRIEVANCE PROCEDURE FOR EMPLOYEES' COMPLAINTS
(a) There shall be established a Standing Joint Negotiating Committee consisting of representatives of the employer and the Union respectively.
(b) An employee who has a grievance shall as a first step take up the grievance with his immediate superior.
(c) If the matter remains unresolved, he shall refer it to the executive of the PMSU who shall take it up with the Personnel Manager to endeavour to resolve the grievance.
(d) If the matter remains unresolved, the executive of the PMSU shall refer it to the General Manager.
(e) Should the matter still remain unresolved at this point, the executive of the PMSU shall inform the Union who may arrange a meeting of the Standing Joint Negotiating Committee to resolve the matter.
(f) If the Standing Joint Negotiating Committee fails to resolve the matter, it may be resolved in accordance with the Labour Act, 2003 (Act 651).
ARTICLE 14 - DISPUTE RESOLUTION
(a) Any dispute arising out of this agreement shall be referred to the Standing Joint Negotiating Committee.
(b) Where both parties to this agreement are satisfied that there is a stalemate in resolving the dispute after exhaustive deliberations by the Standing Negotiating Committee, it may be referred to the National Labour Commission in accordance with the Labour Act, 2003 (Act 651).
ARTICLE 15 - RESPONSIBILITIES OF THE PARTIES
(a) Nothing in this agreement shall worsen the existing salary, terms and other conditions of service of employees.
(b) The Union recognises the right of the employer to exercise all the prerogatives, powers, authority and customary functions of management and all matters pertaining to the conduct and governing of its business.
The employer also has the right to make and alter from time to time, rules and regulations to be observed by its employees, provided that such rules and regulations shall not be inconsistent with the provisions of this agreement.
(c) The Union shall have the right to exercise its functions under this agreement without let or hindrance and shall conduct its business in connection with the hotel in keeping with recognised Trade Union principles and practices.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE BY THEIR DULY AUTHORISED REPRESENTATIVES HEREUNTO SET THEIR HANDS THE DAY AND YEAR FIRST ABOVE WRITTEN.
SIGNED FOR AND ON BEHALF OF HOTEL INVESTMENTS (GHANA) LIMITED IN THE PRESENCE OF
MR.ADRIAN LANDRY
(GENERAL MANAGER)
(LABADI BEACH HOTEL
SIGNED FOR AND ON BEHALF OF ) THE UNION OF INDUSTRY, COMMERCE) AND FINANCE WORKERS IN THE ) PRESENCE OF)
MR. JOHN ESIAPE
(DEPUTY SECRETARY-GENERAL)
(UNION OF INDUSTRY, COMMERCE AND FINANCE WORKERS)
