COLLECTIVE AGREEMENT BETWEEN HPW FRESH AND DRY Ltd. AND UNION OF EDUCATION, AGRICULTURE & GENERAL SERVICES WORKERS (U.N.E.A.G.E.S) of G.F.L
SECTION A -PREAMBLE
This Collective Agreement is made this 1st day of January 2015 between HPW FRESH & DRY LIMITED hereinafter referred to as the Employer and Executives of Union of Education, Agriculture & General Services [UNEAGES] hereinafter referred to as the Union.
ARTICLE 1 -COVERAGE
This Collective Agreement shall apply to staffs of the company who are members of the Union of Education, Agriculture & General Services Workers in the time being and other staff of the company who would be engaged thereafter and become members of the Union.
ARTICLE 2 - PURPOSE
i. It is the desire and purpose of both the employer and the Union that the content of this Collective Agreement shall promote and improve harmonious working relationship towards the realization of the cooperate goals of the company and improved socio-economic wellbeing of the workers of the company who are covered by this Agreement.
ii. The management and the union will work together in promoting increasing levels of productivity, efficiency and high levels of motivation amongst the employees.
iii. This Collective Agreement is also intended to create the platform and atmosphere through the medium of dialogue to resolve all likely labour related conflict and or misunderstandings that may arise in the course of the work through processes and procedures provided by the Labour Act 2003, Act 651 and those provided for under this Collective Agreement.
ARTICLE 3: DURATION
This agreement shall come into effect on 1st January 2015 and shall remain in force for a period of two years on the effective date. Twenty-two [22] months after its operation, either party to this agreement may serve the other party a one month written notice of its intentions to review the agreement. In either case, the two parties shall meet to negotiate, but until a new agreement is negotiated and signed into effect, the existing Collective Agreement shall continue to prevail on both parties.
ARTICLE 4: DEFINITIONS
For better understanding and effective implementation of the articles of this Collective Agreement, the following shall mean:
i. Employer shall mean the HPW FRESH & DRY LIMITED or the company registered under the laws of Ghana to operate as a corporate entity.
ii. Employee shall refer to a permanent, Contract , Casual, Temporary worker of HPW Fresh & Dry Limited who shall be required to discharge their duties and classified under the Collective Bargaining Certificate to be covered by this agreement.
iii. Management shall refer to the team of managers duly appointed by the employer to implement its policies and to ensure the effective implementation of the articles on all matters of employment and non-employment contained in this Collective Agreement and all relevant labor laws.
iv. Union means the national union certified under the Labour Act 2003, Act 651 as the Union of Education, Agriculture & General Services Workers [UNEAGES]
v. Members shall refer to those employees who exercise their rights under the law to join the union to promote and protect their socio-economic interest while in the employment of the HPW Fresh & Dry Limited
vi.Night Shift shall be 8hour work that is normally carried out from the hours of 10.00pm to 6.00am of the following day.
vii. Daily Rated Worker is a worker whose monthly basic pay is calculated on 27 working days including paid off days. However, a Casual Worker shall be paid per the number of days worked for in the month.
viii. Contract Worker is a worker of the company who has worked continuously for a period of six months and above subject to a tenure of contract.
ix. Casual Worker is a worker who works seasonally for a continuous period of one month but not more than three months on the job.
x. Off Duty shall refer to the statutory two [2] days rest period for a worker guaranteed by law after working for a period of forty [40] hours in a week of five days.
xi. Basic Pay shall refer to the wages of an employee without any allowances added to it or deductions made from it.
xii. Probation means the period of observation of a newly engaged worker to determine his/her level of suitability to work for confirmation as a permanent or contract employee.
xiii. Production Target is the expected work output set by the employer with all requisite inputs provided for delivery by a worker in a regulatory working period for wages/salaries.
SECTION: B - ENTERING THE JOB
ARTICLE 5-ENGAGEMENTS
A successful applicant who is offered employment by HPW Fresh & Dry Limited shall be served with an appointment letter which shall contain the following among essentials of employment;
Date of Employment
Nature of Employment
Salary at the point of Employment
Period of Probation
Job Title and Description
Hours of Work
ARTICLE 6 – EMPLOYMENT DATA
Upon request, the newly engaged worker shall furnish the employer with detailed personal data covering his/her full name, date of birth, age, official identification piece, family profile, previous employment. Educational/Academic qualifications, next of kin, medical history disciplinary records, referee etc.
ARTICLE 7 – MEDICAL EXAMINATION
An employee to be considered for employment by the HPW Fresh & Dry Limited
shall on the request of the employer undergo medical examination to check the health status and determine his/her level of fitness for the job.
ARTICLE 8 -APPOINTMENT LETTER
The employer shall issue appointment letter to any newly engaged worker clearly indicating the date of appointment, job title, department/section of work, probationary period, salary range, hours of work etc. Such letter of appointment shall be issued to the worker not later than two months of the date of employment
ARTICLE 9 - PROBATION
i. The employer shall subject newly engaged workers to a minimum of three months and maximum of six months’ probation during which period the employee shall be carefully observed regarding his/her suitability for the assigned job.
ii. On completion of the probation, the employer shall write to either confirm or terminate the appointment of a probationer based on either proven satisfactory or unsatisfactory performance on the job during the period of probation as provided for in Section 15 of the Labour Act, 2003, Act 651
iii. Any probationer who serves more than six months without any written confirmation may be deemed to have been made permanent on his/her job.
SECTION C – ON THE JOB [GENERAL CONDITIONS OF WORK]
ARTICLE 10 - INDUCTION/JOB ORIENTATION
In order to promote teamwork among workers for higher productivity and harmonious working relationship at work, newly employed workers of the company shall undergo an orientation to introduce them to the cultural norms and work ethics of the company. The period of such orientation shall not exceed two weeks depending on the reality on the ground.
ARTICLE 11 - APPRAISALS
i. In line with its corporate policy, the employer shall undertake Annual Performance Appraisal of all employees covered by this Agreement to determine salary incremental jumps, promotions, upgrading, transfers, and incremental withholdings.
ii. An Appraisal Scheme shall be designed by the HR Department to be administered by the Departmental/Sectional Heads of the Company.
iii. The Departmental/Sectional Heads shall constitute an Appraisal Interview platform where the Appraised shall be given an opportunity to discuss and sign his/her own appraisal report before implementation
iv. The Employer shall institute a Complaints Committee made up of the head of HR Department, Head of Department and Local Union Chairman/representative .
ARTICLE 12 - HOURS OF WORK
i. The standard hours of work for pay shall be eight [8] hours a day and or forty [40] hours a week of five [5] days duration. In all cases, the period of work shall be regulated by the employer to meet the needs of the work but in line with laws regulating hours of work.
ii. Every worker shall be entitled to two [2] days paid off duty in a week. The off duty days shall however be regulated in the interest of the work.
iii. Any hours of work beyond the stipulated 8 hours of work shall be considered as an overtime which shall attract extra pay under overtime rate.
ARTICLE 13 - PRODUCTION TARGETS
i. Production targets will be reviewed quarterly by the review committee made up of the head of department and team leaders from the respective work station and representatives of the local union
ii. The Head of department in consultation with the Supervisor, team leaders and shops stewards could adjust daily targets with reference to circumstance as may be presented.
iii. Achieving or exceeding of daily targets may attract a bonus compensation
iv. Persistent non target achieving workers will first be laid off in case of redundancy or could also not have employment confirmation if casuals or contract renewal upon expiration.
v. Records of target performance will have 50% weight during appraisals.
ARTICLE 14 - OVERTIME/OVERTIME RATE
i. Overtime work shall not be compulsory except where export targets have to be met or financial loss has to be avoided and under emergency circumstances of disaster or accident that may require hands on action to save HPW Fresh & Dry Limited from eminent danger.
ii. Should a staff work beyond his/her normal hours of work after production targets have been achieved either on a working day, off days and or public holiday, shall be paid as follows,
i. Normal Working Days -................. Time & a half [1½]
ii. Off Days-........................................ Double time [2]
iii. Public Holidays-........................... Double time [2]
ARTICLE 15 - UNIFORM/WORK CLOTHING
i. In the interest of the work, the employer shall provide appropriate uniform/work clothing to employees in accordance with the protective needs of the work. Such uniform/work clothing shall remain the property of the employer and shall be maintained by the employer.
ii. Worn out uniform/work clothing shall be presented to the head of Department for replacement.
iii .Where a workers loses or willfully destroys work clothing, uses it in a misappropriate way or writes on it, the employee may be required to fully reimburse the company for such clothing .
ARTICLE 16 - NIGHT ALLOWANCE
Employees who are authorized to attend night duty shall be paid double their normal daily rate.
ARTICLE 17 – ANNUAL LEAVE
i. Employees who have served the HPW Fresh & Dry Limited for a continuous period of 1 (one) year shall be entitled to annual leave as follows:
i. 1 to 4 years service-....................20 working days
ii. 5 or more years service-............22 working days
ii. Annual leave shall be taken at the convenience of the employer. Notice of an employee’s annual leave shall be served one calendar month to the time of the leave.
iii. Every employee shall enjoy an unbroken period of leave, but when the need arises for the employer to interrupt the leave of the employee to return to duty, the employee shall be entitled to the remaining leave days.
iv. The employer shall bear the cost of transporting the employee back to post and pay him/her a Call –in allowance equivalent to GH¢50.
ARTICLE 18 - CASUAL LEAVE
The employer may grant a maximum of seven [7] working days casual leave to an employee to attend to very urgent personal matters such as; bereavement, child birth/deliveries, health needs of registered dependents. Casual leave may be granted upon written request.
ARTICLE 19 - MATERNITY LEAVE
i. A permanent female employee covered by this Agreement who in the course of her employment with HPW Fresh & Dry Limited is certified by a Medical Doctor to be pregnant shall be entitled to three months [3] leave with full pay as maternity leave.
ii. The period of the maternity leave shall be determined on the recommendation of the medical doctor in consultation with the head of department and the pregnant employee.
iii. A pregnant worker who fall sick and is declared unfit to work by a medical doctor during the period of her pregnancy shall be granted sick leave with pay for the period. Such paid sick leave shall not form part of her maternity leave days.
iv. A nursing mother who returns to work after delivery shall be granted two [2] hours’ time off daily for nine[9 ] months to attend to her baby. The period shall be determined by the head of department and the nursing mother.
ARTICLE 20 - OCCUPATIONAL HEALTH & SAFETY
i. Industrial Health & Safety The employer shall create and maintain a high standard of safe working environment for the promotion of the good health and safety of workers of the company. Workers shall be adequately informed and educated on health and safety applications at the work place. Safety warning and precautionary signs shall be placed conspicuously in appropriate places of the work area to inform and prevent industrial accident at the work place.
ii. Industrial Injury/Accident The employer shall report all cases of industrial injuries and accident to a competent Medical Health Center for full treatment of the injured workman. Where necessary, such injury/accident shall be reported to the Labour Department for the application of the Workmen’s Compensation to apply in accordance with the Law 1987.
iii. Safety Committee The employer shall constitute Safety Committee to oversee Health & Safety education, campaigns and awareness creation among workers.
ARTICLE 21 - SALARY ADMINSTRATION
i. Salary Structure
The employer shall design a Salary Structure relative to the job assignment and qualifications of employees of HPW Fresh & Dry Limited for negotiations and approval for implementation by the Standing Negotiating Committee to be attached to this Agreement as appendix “A”.
ii. Rate of Pay Any employee covered by this agreement shall receive salary increase commensurable to his/her qualification and performance based on appraisal report and in accordance with the salary structure in appendix “A”.
iii. Salary Review The management of HPW Fresh & Dry Limited and UNEAGES, at the standing negotiating committee level shall review salary levels of workers under this Agreement on yearly basis in the month of January each year during the two year life of this agreement.
iv. Salary Advance The employer shall grant Salary Advance equivalent to the monthly basic salary to contract or permanent employees in financial difficulties. Upon request from the needy employee, the head of department shall recommend to the head of finance to effect payment. Such advance shall be recovered fully in a period of two months.
v. Special Advance In special circumstances, the employer may grant a maximum of three months basic salary to an employee who in urgent necessities demands for such assistance, based on an a budget line . If the head of department is satisfied with the reason for the request, shall recommend to the head of finance for payment. Recovery of such assistance shall be spread over ten month’s period, however repayment period for salary advances to Contract workers shall not exceed the tenure of current contracts.
ARTICLE 22 - UNION RECOGNITION
i. The management and board of HPW Fresh & Dry Limited shall recognize the existence of UNEAGES as the official representative of workers classified under the Collective Bargaining Certificate and a Social Partner to the development and advancement of corporate goals of the company. It shall endeavor to secure the maximum cooperation of all parties to promote harmonious working relationship for the betterment of the work and the workers.
ii. The Executives of UNEAGES and the executives of the local union acknowledge that the economic development of the company is the basis for the socio economic development of the employee and will therefore support management in promoting increasing levels of productivity, efficiency and a high level of motivation amongst the work force.
iii. Union Notice Board The management shall provide notice boards properly placed on the premises of the company where management and union information shall be placed for the information and attention of employees under this agreement. Any such Notice must be by prior consent of management.
iv. Union Activities The employer shall in accordance with the Labour Act 2003, Act 651 grant local union executive and shop stewards of HPW Fresh & Dry Limited reasonable time to attend union meetings and training programs that could facilitate their effective service delivery to the rank and file members and the company.
a. Sufficient time notice at least 48hours shall be given to the head of department to arrange for his/her proper release and replacement.
b. Executives and shop stewards have to perform and fulfill the set goals and standards of the employer.
v. The employer may facilitate the work and the role of the union in the promotion of hard work and discipline among workers with the provision of an office to keep official records and documents and for other relevant purposes.
vi. Executive or shop stewards In line with the labour act, the employer shall recognize the existence of branch executives as official representatives of the union.
vii. Departmental and sectional heads, managers and supervisors shall recognize the existence of shop stewards at various departments and sections as representatives of the branch executive may help in matters involving union members in their respective sections and departments for the promotion of sound industrial relations practice at the grass roots level.
viii. The union shall assist in the resolution of labour conflict that may arise from time to time in the course of work.
ix. Union membership Employees covered by this agreement shall be paid up members of the union. They shall pay union dues levied on every member as provided for by the union’s Constitution.
x. New employees of the company engaged after the coming into effect of this agreement may be enrolled into the membership of the union by the local union.
xi. Check-off Dues Payment In accordance with Section 111 of the Labour Act 2003, Act 651, the Union shall request in writing with the consent of the local union to the employer to deduct the agreed percentage of dues from the salaries of employees who are members of the union and pay same to the union as directed by it.
ARTICLE 23 - DISCIPLINE
In the exercise of its rights and responsibilities under the Labour Act 2003, Act 651, the employer shall reserve the right to discipline any employee who is proven to have misconducted him/herself while in the service of the employer
i. Any proven misconduct or offence committed by a worker may be punishable by any of the following after a verbal or written query has been duly served on the offended worker :
a. Verbal or Written Warning
b. Suspension
c. Demotion in rank and salary
d. Freeze on Promotion [for specific period]
e. Termination with/without notice
f. Dismissal
ii. Disciplinary Committee The Standing Negotiating Committee shall constitute a Standing Disciplinary Committee made up of the: Human Resource Manager as the Chairman, Departmental Head in whose department the offence occurred and the Branch Union Chairman/Secretary and the Shop steward from the Department where the offence was committed.
iii. In a situation where the offence cannot be proven immediately, the Disciplinary Committee shall convene to investigate the case and make appropriate recommendation for the consideration and action of the management.
iv. In all cases of discipline, the alleged offender shall be given ample opportunity either by the Management or the Disciplinary Committee to explain and defend him/herself before any disciplinary action is taken on him/her.
Article 24 – ABSENTEEISM
i. Employees not attending work without having applied for casual leave as per the spelled out procedures affect the production output of the company, therefore absenteeism is a serious disciplinary issue.
ii. Employees shall not be paid for days in which they were absent from work.
iii. If an employee absents himself or herself for any number of days he/she shall may be served a warning letter or if it is a repetitive case he/she may be sent on suspension
iv. Where an employee absents himself/herself for more than 3 days within any given month the employer may consider the employee as having deserted his/her post and the employment will be terminated automatically.
ARTICLE 25 – GRIEVANCE PROCEDURE
i. The first point of call for any manner of grievance of a worker shall be the head of Department who would endeavor to resolve the grievance satisfactorily. However, if the grievance involves the head of department, the employee shall formally complain to the Union Secretary to discuss the matter with the head of department for possible solution within 14 working days of the occurrence of the complaint.
ii. If the aggrieved employee is dissatisfied with the outcome, he/she would report the matter to the Human Resource Manager who would chair a meeting involving the head of department, the complainant and the local union. The committee shall make recommendations based on the outcome of the investigation into the matter.
iii. If the matter remains unresolved within 14 working days , the local union shall formally submit comprehensive report to the National Union for further investigation. If the national union is satisfied of a bona fide case, the union shall write to the Chairman to convene the Standing Negotiating Committee to resolve the matter.
iv. If the Standing Negotiating Committee fails to resolve the matter within 14 working days, the aggrieved worker may report the matter to the National Labour Commission for final determination. The decision of the National Labour Commission shall be final and binding on all parties to the dispute.
SECTION D – BENEFITS
ARTICLE 26 - LONG SERVICE AWARD
i. HPW Fresh & Dry Limited shall acknowledge, appreciate and reward long and dedicated service of its employees with the following awards:
a. 5 years of Service-..........Three [3] Month Basic Pay and 25 inches LCD Television
b. 10 years of Service-.......Three [3] Months Basic Pay and 50 bags of portland cement
c. 15 years of Service-.......Three [3] Months Basic Pay and 80 bags of portland cement
ii. A deceased employee left with six (6) months to earn a long service award shall be deemed to have qualified for the award and the registered next-of-kin shall receive the award on the deceased’s behalf.
iii. A worker who is due for retirement and is left with six months to qualify for a long services award shall be deemed to have qualified for the award and shall be granted the award accordingly
ARTICLE 27 - PROVIDENT FUND [3RD TIER PENSION]
i. A contributory 3rd Tier Provident Fund Scheme shall be instituted in line with Pensions Act 2008, Act 766 to provide enhanced lump sum end of service benefit to employees at the end of their service with the employer as follows:
a. Employee -...........5% Basic Salary per worker per month
b. Employer-............5% Basic Salary per worker per month
ii. The 3rd tier Provident Fund will however be earned and an employee could be enrolled on after 1 year of continuous service to the company.
iii.The Fund shall be managed independently by a Board of Trustees in line with the rules, regulations and guidelines of the Pensions Act 766.
ARTICLE 28 - MEDICAL FACILITIES
i. HPW Fresh & Dry Ltd. shall provide free Medical Care to all employees at a company appointed medical facility.
ii. The facility shall include all medical care covered by the National Health Insurance Scheme.
iii. The employer shall pay for the annual health checkup required to attain the mandatory food operators certificate
ARTICLE 29 – ANNUAL BONUS
i. As part of its effort to motivate hard work among workers, the employer may provide Annual Bonus incentive, based on the profitability of the company. The bonus may be paid to employees in the month of January each year to cushion employees after the end of year festivities.
ii. The Annual Bonus shall be the equivalent of each employee’s monthly basic pay.
In addition, the employer shall organize End of Year Get together to fraternize.
iii. Employees who are six months old in the service of the company in the month of December shall be entitled to full bonus. Those below six months shall earn pro-rata bonus
ARTICLE 30 - FUNERAL GRANT
i. Deceased Employee In the event of death of an employee, the employer shall make donation to the bereaved family as follows:
a. Cash donation of GH¢ 1,000 to the immediate family made up of the registered wife/husband and children.
Cost of mortuary for a maximum of 30 days.
b. Coffin/shroud or GH¢ 800 in lieu.
c. Hearse/Ambulance to carry the corpse to the place of burial within Ghana.
d. Donation of assorted drinks which may include Beer, Guinness, Malta Guinness, Soft Drinks and Schnapps to the immediate and extended families for the funeral.
e. Vehicle to convey employees to and from the burial and funeral rites of the deceased
i. Bereaved Employee: When an employee is bereaved of a registered dependent including wife/husband, children and parents, the employer shall make an all-inclusive donation
a. For wife, husband, children..............GHs 600.00
b. For parents.........................................GHs 300.00
ARTICLE 31 – TRANSPORT
In the interest of punctuality of workers at work and high productivity, the employer may provide means of transport to convey workers to and from work. The designated picking points shall be determined by the employer in consultation with the local union in the interest of both parties. Transport is to be seen as a privilege and not a right and the working hours shall be counted only on the company premises or outstation designated as such by the company
ARTICLE 32 – MEALS
The employer may provide meals daily to employees on duty. A 5 member Canteen Committee made up of Management and Local Union Representatives shall be commissioned to ensure the efficient implementation of the facility for the benefit of all parties.
SECTION E - LEAVING THE SERVICE
ARTICLE 33 - TERMINATION
i. An employee whose service is fairly terminated under the Labour Act 2003, Act 651 other than Redundancy by the employer shall be served with one month written notice or payment of one month basic pay in lieu of notice.
ii. A fairly terminated employee shall be entitled to all earned and accrued benefits due him/her during the period of his/her employment.
iii. In the event of Dismissal as stipulated under Article 24a [vi], the dismissed employee shall not be entitled to any notice of termination but shall be entitled to all earned and accrued benefits and entitlements. However, the employer shall surcharge the dismissed employee with the cost of damage or loss caused by the dismissed employee when proven to have been caused by him/her.
ARTICLE 34 - RESIGNATION
i. An employee who intends to withdraw his/her services from HPW Fresh & Dry Ltd. shall be required to notify the Management one month to the effective date. Failure to serve the required notice, the employer shall deduct one month basic pay from the entitlement of the resigned.
ii. A resigned employee shall be entitled to all earned and accrued benefit under the Collective Agreement.
ARTICLE 35 - REDUNDANCY
i. In a situation where the employer intends to embark on Redundancy exercise, Lay-off or Retrenchment of any number of employees, the employer shall fully comply with Section 65 of the Labour Act 2003, Act 651.
ii. The employer shall pay to the affected employee under 35 [1], a Severance Pay equivalent to two [2] months basic salary per each year of service shall be paid to the redundant worker. Additionally, affected employees shall receive all earned and accrued benefits and entitlements at the time of the exercise.
ARTICLE 36 - RETIREMENT
i. Employees covered by this Collective Agreement shall retire under the laws of the Pensions Act 2008, Act 766.
ii. An employee due for retirement shall be served six [6] calendar months’ notice prior to the date of retirement during which period all benefits and entitlements shall be worked out and paid to the retiree before his/her last day in employment.
iii. To reduce the effect of unplanned pension, the Management in collaboration with the Union shall organize Sensitization workshops for potential retirees to condition them for happy and enjoyable pension. Such workshops shall be held for employees who would be left with two years to retire. The module and frequency of training and orientation shall be determined by the Management and Union to suit the needs and expectations of potential retirees.
ARTICLE 37 - AMENDMENT TO & VALIDITY OF AGREEMENT
This Agreement shall come into effect on ______________________ and shall remain in force. No individual party to this agreement has the power and or the right to alter, amend, insert, or change any part of this agreement except by the Standing Negotiating Committee to do so. However, either party to this Agreement may express its intention or desire to change, modify or amend the Agreement not later than thirty [30] days to the expiration of the Agreement. Until a new Agreement is negotiated and signed into effect, the existing Collective Agreement shall remain in force.
ARTICLE 38 - OBLIGATIONS ON PARTIES TO THIS AGREEMENT
The Board of Directors and Management of HPW Fresh & Dry Ltd. and the National Executive Council of the Union of Education, Agriculture & General Services Workers [UNEAGES] agree to respect and uphold the articles and provisions of this Agreement in the spirit and letter upon which it was written.
SIGNED FOR AND ON BEHALF OF
HPW FRESH & DRY LIMITED
MANAGING DIRETOR
SIGNED FOR AND ON BEHALF OF
UNION OF EDUCATION AGRICULTURE & GENERAL SERVICES
GENERAL SECRETARY
Dated in Adeiso this 6th day of January 2015
