COLLECTIVE AGREEMENT BETWEEN JAPAN MOTORS TRADING COMPANY LIMITED SILVER STAR AUTO LTD. MODERN AUTO SERVICES / YAMA INDUSTRIES OMAN FOFOR TRADING COMPANY LIMITED AND UNION OF INDUSTRY, COMMERCE & FINANCE WORKERS (PMSU)
(1ST JANUARY 2010 TO 31ST DECEMBER, 2011)
1.0 INTRODUCTION
1.1
This Agreement made this day of 2010.
BETWEEN
JAPAN MOTORS TRADING COMPANY LIMITED (JMTC), SILVER STAR AUTO LIMITED (SSAL), MODERN AUTO SERVICES /YAMA INDUSTRIES (MAS/YAMA), OMAN FOFOR TRADING COMPANY LIMITED hereinafter collectively referred to as
Japan Motors Group or JMTCG of the one part
AND
UNION OF INDUSTRY, COMMERCE AND FINANCE WORKERS (UNICOF -PMSU) a duly registered trade union and authorized to negotiate on behalf of all permanent employees of the JMTCG who are members of the union, of the other part.
A. SCOPE OF AGREEMENT
This Agreement shall apply to only employees who shall fall within the Definition of "Employee" in this Agreement. All new employees after the effective date of this Agreement shall have the option to join the Union provided however that persons whose appointments or contracts with JMTCG are of a temporary nature and persons engaged to perform specific services for predetermined periods in any one instance are not covered by the provisions of this Agreement.
B. DURATION
This Agreement shall be for a period of twenty-four (24) months from 1st JANUARY 2010 TO 31st DECEMBER, 2011. At any time after twenty- two (22) months either party to this agreement may give the other, two (2) months notice in writing, expressing Its wish for this Agreement to continue for a further period to be agreed upon between the parties or Its Intention to terminate the Agreement. In the latter event both parties will enter into negotiations on the terms and conditions of a now Agreement but until a new Agreement Is signed, and the effective date of Its commencement agreed upon, this Agreement shall continue to be in force,
C. WAGE OPENER CLAUSE
At any time after twelve months from the date of this Agreement, and once only during the twenty four (24) months period following the commencement of this agreement, the Union and JMTCG shall reopen negotiations on rates of pay by giving one month's notice to the other party of its intention to do so.
2.0 DEFINITIONS
In this agreement, unless specifically stipulated elsewhere:
The monthly pay for a job grade and level shall be the monthly salary as shown in the Company's Salary Structure.
"EMPLOYEE" means any permanent salaried staff of JMTCG whose position or title is listed in the Memorandum of Understanding dated November 30th, 2004 signed between the Union and JMTCG as eligible to join the Union, who is a member of the Union and whose appointment is not of a temporary nature.
3. "Family" means an Employee's registered spouse and children up to a maximum of four (4), under 18 years of age who are neither employed nor married.
4. Reference to the male gender in this document shall also include the female gender where appropriate.
Public holidays shall be all such statutory holidays as officially gazetted and declared by the Government of the Republic of Ghana. This includes Statutory Public Holidays and other days declared as such.
Leave Year means the calendar year from 1st January to 31st December
"Employer" or" the Company" means JMTCG
"Notice Board" includes electronic mail
3.0 EMPLOYMENT POLICY
The aim of the provisions of this section is to set out the procedures used in engaging a new hire into the company.
3.1 Individual Employment Contracts
Upon engagement, all new employees shall be given an employment offer in writing, consistent with the provisions of the Collective Bargaining Agreement, which when accepted by the employee, forms the basis of the employment contract.
The employment letter will clearly state, among other things, the following:
Job Title
Job Description
Job Grade
Reporting lines and department
Job location
Salary
Effective Date Probation Period
3.2 Recruitment
The Companies referred to believe in equal opportunities therefore recruitment of persons for any job within the companies will be based on competence and willingness to work.
3.03 Security
Employment shall be offered to an applicant subject to the new Employee passing a security check, which may be conducted by the company. Such security checks may cover all matters, which are relevant to an applicant's employment with the Company.
3.4 Probation
i. All appointments shall be subject to a three-month probation period. At the end of the probation period the company may inform the employee in writing whether or not his appointment has been confirmed.
ii. The Company may extend the probationary period for three months if it has doubts about the suitability or ability of the employee for the job.
iii. The Company may terminate the appointment of an employee on probation by giving fourteen days notice or payment in lieu of notice.
iv. An employee on probation may also terminate his appointment by giving the company fourteen days notice or by paying to the company fourteen days salary in lieu of notice.
v. Within fourteen (14) days of completion of probation, employee must remind management of his confirmation. A standard form shall be introduced by JMTCG for this purpose.
3.5 Medical Screening and Fitness
1. All appointments shall be subject to employee being declared by a company-designated medical officer to be medically fit for the job for which a person is being engaged.
2. All or designated employees may once a year be subject to medical screening to determine whether their state of health will permit them to perform their duties safely and effectively.
3. Where the company has reason to suspect that an employee is under the influence of alcohol or a narcotic substance, management in conjunction with the PMSU representatives and the appropriate health authorities may conduct a drug and alcohol test on said employee.
4. Results of each employee's medical examination shall be kept confidential. Each employee however has a right to access his own medical report
3.6 Work Permits
A person who is not a national of Ghana must produce evidence that he has the requisite permits, which will enable him to work lawfully In Ghana.
3.07 Job Description
a. Each job or position in the Company has a detailed description of the nature of the job, what is expected of the job holder and what attributes are needed to perform that job.
b. Each employee shall give his full effort, time and attention to the Company during working hours and shall not engage in any activity which will interfere or hinder the discharge of his responsibility to the company.
c. Employees shall also refrain from any activity, which will be detrimental to the good conduct of the Company's business
3.8 New Hires Orientation
All new employees will undergo an orientation program to get them to understand the JMTCG work culture and to assist them to integrate quickly into the work force.
3.9 Nomination of Next of Kin
Every new Employee shall give to the Company at the time of his employment the name and address of a person whom he wishes to receive any entitlements or benefits due him from the Company in the event of death. The Employee shall have the right to change the name of his beneficiary at any time. However, in the event of death of the Employee, the Company shall give to the beneficiary last nominated by the deceased Employee any benefits/rights that may accrue to the deceased, subject to the provisions of his last Will, if any.
3.10 Employee Data
All new employees shall be required to complete the following forms (shown in Schedule E of this agreement) upon their engagement with the company:
Personnel Record Form.
Confidentiality Undertaking Form.
Nomination of Beneficiary Form.
Conflict of interest Form
It is the duty of employees to notify the HR Department of any future . changes in the information provided in the above forms.
4.0 GENERAL CONDITIONS OF WORK
4.1 WORKING HOURS
1. The normal working week shall be a week of 40 hours worked over five days of eight hours each.
2. It is expected that employees shall at all times work those reasonable hours necessary to satisfactorily achieve the responsibilities of their positions.
3. There shall be a one-hour meal break during each eight hours worked. This one-hour break shall not be part of the working hours. This meal break shall commence when the Employee leaves his work place and ends when he returns to his work place.
4. The normal working hours shall be scheduled for each Department to suit the Company's operational requirements.
4.2 Work Attendance
i. To avoid a disruption in the operational schedules of the company, all employees are required to keep a one hundred percent attendance record in a year. Where for any reason an employee is unable to attend to work, he is expected to take all possible practical steps to inform the company ahead of time.
ii. An employee who without prior permission fails to report for
work for Seven (7) consecutive days without good reason shall be deemed to have abandoned his post and shall have his appointment terminated.
iii. An employee who fails to report for work without prior permission shall not be paid on days he did not report for work.
iv. Notwithstanding anything stated in this section an employee who absents himself from work without prior permission for a cumulative period of ten working days within a calendar year shall have his appointment terminated after due process.
4.3 DUTY CALL-IN
Where the Company's operations so require, the company may call in an employee from home outside his scheduled hours of work or shift to work to avoid undue disruption of the company's operations. An employee who has been called from home under this clause shall be given an allowance of GHc12.00 per day.
4.4 Protective Clothing and equipment
The Company shall provide protective clothing and safety equipment to employees whose jobs require that they have these safety items. These items shall remain the property of the Company and each employee is required to use these items. An employee on duty who fails to use safety equipment, Clothing or material provided to him may be subject to disciplinary action by the Company
4.5 Confidentiality
Every employee on appointment shall be required to execute a confidentiality form pledging to observe strict secrecy and confidentiality in respect of affairs of the company and its transactions.
Any information obtained by an employee in the course of his employment shall be regarded as confidential, except where such information is already in the public domain.
5.0. HR MANAGEMENT
5.1 Bonding Employees
The Company may require employees to sign bonds which may require them to work with the company for some minimum number of years or not to work with direct competitors for some minimum number of years after the company has sponsored said employees for further training or education or after the company has granted said employees loans and or concessions over and above what they are legally entitled to receive. The employee bonded shall be freed from the bond after paying the necessary penalty.
5.2 PROMOTIONS
i. The Company may, subject to vacancies, promote an employee who after due evaluation is deemed qualified and competent to handle and manage responsibilities at a level higher than his existing position.
ii. Vacancies for suitably qualified employees shall fill promotions based on among others ability, merit, succession plans, level of training, potential, qualification and relevant experience. The decision to promote is the sole prerogative of the Company.
iii. The Company reserves the right to fill a vacant position from outside the existing employee base if in its opinion no current employee has the requisite qualifications and experience for the available position.
5.3 PERFORMANCE APPRAISAL
i.The Company has a system of performance appraisal which is set out to enable the company and the employee determine how well the employee is performing his job functions and what is needed to enable the employee improve performance.
ii.The Appraisal shall be done at least once in a year for all employees and the results of each employee's appraisal shall be communicated to him.
iii.-The results of performance appraisal shall form part of the basis for determining promotions, transfers, and review of remuneration packages, Employee Performance Bonus Plan and discharge from the company due to unsatisfactory performance.
5.4 EMPLOYEE DEVELOPMENT AND TRAINING
The Company fully recognizes the importance of training and will pursue appropriate programs to train and develop its employees. Training and development provided by the Company shall be designed to:
I. Enable employees to contribute more effectively to the attainment of the Company's goals.
II. Meet the development needs for the foreseeable future as identified and agreed with the employees' immediate superior through the performance appraisal procedures.
III. Meet the overall needs of the Company for specific skills and expertise to be available internally, for the business to develop as planned, and to optimize the potential contributions of its employees.
Iv. Give specific training to employees who operate pieces of equipment or machinery or use particular software as part of their Jobs.
5.5 Employee Training/Educational Support
1. Where the company requires an employee to undertake a course or training, the Company will pay full cost of such course or training.
2. Study leave with pay shall be granted only at the discretion of the Company for those study programs and courses approved by the Company, and which the Company determines is consistent with the employees' training and development.
3. When undertaking a course of study approved by the Company, an employee may, on production of relevant valid documents, be granted study leave to enable him write an examination as provided under Article 8.05.
4. An employee who on his own initiative undertakes a course for his personal or professional development may be supported financially by the company. The HR Manager shall set out the detail modalities for the provision of such support
5.6 Transfers
An employee may be transferred from his original department to another for operational reasons or for better utilization of the employee's skills. The Company may also transfer an employee from his original place of employment to another location within Ghana.
5.7. Inter Company Transfer
The Company may, as required, assign an employee to carry out similar work for and or on behalf of any of the sister companies with continuous service and benefits from previous Company. .
6.0 REMUNERATION
6.1 RATES OF PAY
1. Every employee will be paid the monthly pay stated in his employment contract. The monthly pay will be paid on or around the 25th day of each month directly into a nominated bank account.
2. The Company may grant a request from an employee for the payment of part of his salary in advance. (50% maximum). Such salary advance shall be deducted from the employee's salary on the payday or in installments over a period not exceeding three (3) months.
3. Deductions from employees' earnings shall include:
i. Absence from work without pay
ii. Income tax
iii.Social security
Advance repayments
vi. Loan repayments
vii. Any other deductions as from time to time Specifically authorized in writing by the Employee.
Other deductions permitted by law.
6.2 EMPLOYEE BONUS PLAN
Bonuses will be paid to employees based on the company's departmental bonus plan as determined by management from time to time. The existing bonus plan is attached as Schedule F.
7.0 ALLOWANCES
Besides offering fair and competitive remuneration packages to its employees. Management believes that employees who are required by the company to engage in activities or handle responsibilities over and above what they are required to normally do should be paid additional benefits. Towards this end allowances as stated in this section will be paid to employees who qualify for said allowances.
7.1 Out-of-Station Allowance
1. An Employee who is required in the course of his duties to travel away from his usual place of work for a full working day and stays overnight shall be given transport and accommodation as appropriate. In addition, the employee shall be given daily meals allowance as per Schedule 'D'.
2. In lieu of the above, the Company shall pay the Employee an allowance as per Schedule 'D' to cover his accommodation, transport and meals per day.
3. If the work assignment does not require an overnight stay the allowance may cover meal requirements only and the said allowance shall be as in Schedule 'D'.
7.2 Leave Call-In Allowance
Leave Call in Allowance shall be paid as follows:
i. Where the employee is called from leave to work for a continuous period of seven days or less, he/she shall be paid a total allowance equivalent to fifteen percent (15%) of his monthly basic pay.
2. Where the employee is recalled from leave to work for a continuous period in excess of fourteen (14) days, he shall be paid twenty five percent (25%) of his monthly basic pay
3. Where an employee being called from leave has traveled outside his usual place of residence, the company shall in addition to the Leave Call allowance, pay to the employee the cost of traveling back to his usual place of residence.
7.3 Relocation/ Transfer Allowance
1. Where an employee is required to work for more than One month at a location outside his usual place of work and the said location is so inaccessible or so far from his usual residence that it will not be practicable for the employee to commute to and from his usual residence to his new location of work daily, the employee shall be deemed to have been transferred to a new location.
2. Where the transfer is not intended to extend beyond three calendar months, it shall be deemed to be a 'Temporary Transfer' and in addition to the Out of Station Allowance, he shall be paid a Relocation Allowance, which is equal to, Thirty five percent (35%) of the employee's basic pay for each month that he works at the new location.
3. Where the transfer will be for a period of more than three months, a transfer notice will be served on the employee at least thirty days before the date of departure to the new station. However, in case of an emergency, the Company shall pay the employee one (1) month's salary in lieu of notice.
4. In the case of permanent transfer the company shall bear the cost of transporting the employee, his family and his belongings to the new station and the employee shall be paid a Relocation Allowance equivalent to three months of his basic salary. If employee is permanently transferred and unable to get an accommodation at the new location, two (2) weeks after the relocation, the company will give him/her fifteen (15) days out of station allowance.
5. No transfer allowance shall be paid for Departmental transfers within one location.
6. For purposes of this Clause, Tema and Accra are deemed to be one metropolitan location and therefore transfers within these locations shall be deemed as transfers within one location.
7.4. ACTING ALLOWANCE/CHRGE ALLOWANCE
A confirmed employee who is requested in writing to perform duties of superior grade for a continuous period of Five (5) weeks shall be entitled to and paid an Acting or Charge Allowance as follows:-
Actlng Allowance: The Difference between entry salary of Substantive officer "A" and the current salary of Acting Officer "B"
Charge Allowance: 30% of the Officer' in Charge's salary. (This is for Officer's more than two grades below Substantive Officer "A")
Acting Allowance applies to officers who are one or two grades below the substantive officer while Charge Allowance applies to officers who are more than two grades below the substantive officer.
(b). The Human Resource Department, shall ensure that letters requesting staff to act or take charge of a position indicate that those who act will sign as "Acting " while those who take "Charge" sign "for" the position.
7.5 EXTRA DUTY ALLOWANCE
To take account of any extra work which employees may be required to do, the company shall pay to each employee at the end of each month a sum equivalent to Two and One half Percent (2.5%) of an employee's monthly salary as extra duty allowance irrespective of whether the employee did any such extra duty in a particular month. Said allowance shall be paid quarterly in arrears.
8.0 LEAVE POLICY
Management believes that employees should be given adequate time every year to rest from their work and therefore should be given time off to be with their family and take care of other social engagements. To meet this goal, policies have been put in place for several family-friendly paid leave.
8.01 Annual Leave
1. Paid annual leave shall be earned and granted to all employees who hove continuously served a period of twelve calendar months with the company.
2. Each employee shall be entitled to 25 working days leave per annum and no employee shall be allowed to defer his accrued leave to the following year. Leave not taken in the year it is earned will be forfeited unless prior approval in writing is given by Management.
3. Leave days shall not include sick leave days (as certified by a medical practitioner), Saturdays, Sundays and public holidays
4. Notwithstanding anything contained in this section, employees who have not served the company continuously for twelve calendar months may be granted leave on pro rata basis.
5. Leave shall be granted to an employee at a time convenient to the Company with regards to its smooth operations
6. Every employee shall enjoy an unbroken period of leave but where exigencies demand, the Company may request an employee to interrupt his granted annual leave and return to work. Where the Company makes such a request, the employee shall not forfeit the right to the remainder of his leave but shall take such leave at anytime as is convenient thereafter.
7. Where due to operational reasons the Company, in writing, requests an employee not to take his leave or the whole of his leave in a particular year, the said leave or the remaining portion of his leave shall be added to the employees' leave entitlement for the following year.
8. The Company shall prepare a departmental leave roster each year showing the dates an employee can proceed on leave. Employees shall, as far as possible, be given notice of commencement of leave at least thirty days before the start of the leave.
9. An employee who is prevented from resuming duty from leave because of ill health shall notify his head of department and in any case not later than seven (7) days from the end of the leave. On resumption of work the Employee shall submit to the Company a medical certificate from the company designated medical doctor or a recognized medical doctor verifying the employee's ill health
8.2 Casual Leave
An employee may apply for leave to enable him attend to personal matters. Such leave may be deducted from the employee's annual leave. Where the employee has already exhausted his leave days such leave may be granted with or without pay, and shall not exceed seven (7) working days in a calendar year. The Managing Director shall be responsible for the granting of such leave.
8.3 Compassionate Leave
In the event of the death of an employee's registered spouse or biological or legally adopted child, the employee may apply for and shall be granted a Compassionate Leave of not more than seven (7) working days. In the case of employee's biological father and mother the leave days shall not be more than four (4) working days.
8.4 Leave for Nuptial Activities:
In the event of an employee getting married, he shall be granted three days paid leave to enable him prepare for the marriage ceremony. This leave shall be granted only once in respect of each employee.
8.5 Study Leave
a. The Company may grant an employee a leave of absence with or without pay to enable the employee write an examination for a course he is privately pursuing or to enable him pursue a full time course of study.
b. Where the training or course being pursued is at the request of the Company, the study leave shall be with pay and all other entitlements.
c. An employee who undertakes a career development programme recommended and approved by management in his area of performance, shall have his tuition, examination and subscription fees refunded; and shall be subject to serve a bond not exceeding two (2) years.
i. If sponsorship is for a professional nature without determined completion period, the period of bonding shall not exceed two (2) years.
ii. The employee is expected to complete the course in three (3) years and be bonded thereafter.
iii. Fees will be paid only ones, for each paper sat for.
iv. Employees shall provide detailed results of each examination paid for before subsequent reimbursement.
8.06 Maternity Leave
1. Where a female employee is certified by a medical doctor or a midwife to be pregnant, she shall be granted twelve weeks maternity leave with pay in addition to any period of annual leave she may be entltled to after her period of confinement.
2. The period of maternity leave shall be extended by two additional weeks if the confinement is abnormal (for example if there is a pre-term delivery) or if the employee gives birth to two or more babies in the course of her confinement.
3. In case of a miscarriage, which does not entitle the employee to maternity leave, the employee shall be deemed to be on sick leave for the number of days or weeks as will be recommended by a certified medical doctor.
4. Absence from duty arising out of 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 relating to sick leave shall apply.
5. Where an employee on maternity leave is ill and is medically certified that the illness is due to her confinement, she shall be entitled to an extension of her maternity leave for the additional number of days as will be prescribed by the medial doctor.
6. A nursing mother returning to duty after her maternity leave shall be allowed during the first one year after her resumption of duty, one hour each day to nurse her baby. The specific time for nursing shall be agreed upon between the employee and her head of department.
7. Maternity leave period shall not affect the earned annual leave of an employee and shall be counted as if she were on duty
8.7 Paternity Leave
In the event of the birth of a child to a male employee, the said employee shall be granted two days leave to enable him assist his wife and bond with his newborn child. This leave shall be granted for up to three biological children only.
8.8 Paid Sick Leave (Non Occupational)
1. If an Employee is absent from work due to sickness or the effects of an accident (to which the provisions of the Workmen's Compensation Law do not apply) and such accident is not due to his own fault or negligence, and his absence is authenticated by a certificate from a Registered Medical Doctor endorsed by the Company designated clinic/hospital, he shall be entitled to sick leave with pay in any one period of twenty-four months as follows:-
| 1-5 years service- | - 3 months' full pay
- 2 months' 3/4 pay - 2 months' 1/2 pay |
| 6 - 14 years service | - 4 months' full pay
- 3 months' 3/4 pay - 3 months' 1/2 pay |
| 15 years and above- | - 4 months' full pay
- 4 months' 3/4 pay |
|
- 4 months' 1/2 pay |
2. In a case where a medical doctor at the request of the employee or the Company is of the opinion that further medical treatment will not benefit the sick Employee, the Company may discharge the Employee on medical grounds.
3. Where the employee objects to the opinion of Medical Doctor, a second medical doctor may be agreed upon between UNICOF and the Company to give a second opinion. If that opinion supports the opinion given by the first medical doctor, the employee shall be discharged on medical grounds.
4. Where an Employee has taken a sick leave without pay and does not return to work within seven (7) calendar days from the date the leave is supposed to end without prior permission, he shall be considered to have resigned his position as at the date the unpaid leave ended.
5. An employee on paid sick leave shall not offer himself for or accept other gainful employment
8.9 PUBLIC HOLIDAYS
All employees shall be entitled to paid leave of absence for all statutory public holidays as formally declared by the Government of Ghana.
Employees may, if the operations of the Company demand be required to work on statutory public holidays and be paid inconvenience allowance as in Schedule D (1)
9.0 MEDICAL POLICY
1. The Company shall pay for the cost of registration of employees and their dependants up to 18 years of age, under the NHIS and subsequent renewals shall be borne by the Company.
Thus, employees shall use the NHIS Card to access medical/ pharmaceutical facilities at only NHIS accredited hospitals, polyclinics, pharmacies etc. both private and government without any limit.
Any re-imbursement from staff shall be made only from NHIS accredited medical and pharmaceutical institutions. The Company shall refuse request for re-imbursement if not from an NHIS accredited medical/ pharmaceutical facilities.
For spouses and four (4) biological children, the company will pay re-imbursementonlyfromNHISaccredited
medical/pharmaceutical facilities up to a limit of GHc 200.00 annually. Children up to the age of eighteen (18) except for the registration and subsequent renewal under the NHIS, shall not benefit from company medical policy since they are to avail themselves under the proposed NHIS arrangement by government.
2. The Company where necessary, may provide medical care through a medical insurance program with a Ghanaian registered insurance company or organization.
3. The Company reserves the right to refuse to provide free medical treatment for the following:
Repeated infections with sexually transmitted diseases. Chronic alcoholism or use of stimulants, drugs or narcotics except when prescribed by a Company approved clinic or if not available, a registered medical doctor.
Maternity cases affecting daughters of employees.
Abortions and disease arising from riots, civil commotion and other illegal acts.
4. An Employee who is absent from work on account of sickness or accident shall make every effort to notify the Company through his immediate supervisor. If after reasonable effort has been made and the Company cannot be notified immediately, then the Employee must notify the Company not later than seven days from the last working day.
On resumption of work the Employee shall submit to his immediate supervisor a medical certificate signed by a Company-designated clinic, or if not available, a registered Medical Doctor, and endorsed by the Company Medical Officer authenticating the Employee's ill-health.
5. Sickness benefits may be denied or discontinued if an Employee refuses to submit a medical certificate showing unfitness for duty, refuses medical examination by the Company Medical Doctor or refuses to follow specific medical recommendations.
6. An employee who is reported by certified medical doctor, as faking illness or unable to work shall be subject to disciplinary action.
7. Where an employee has had health problems over a period of time which has prevented him from attending work regularly or working normally, the Company may request a medical doctor to conduct a medical examination of the employee to determine whether or not he is fit to continue working.
8. Where an employee is declared unfit to continue doing his job, the Company may as far as practicable endeavor to seek alternative job functions within the company, which the employee may be able to handle considering his state of health.
9. It is a policy of the company not to discriminate against any employee on grounds of illness or medical condition.
10. Where an employee is diagnosed to have a problem with his eye and spectacles are prescribed for said employee, the company shall pay for the cost of lenses and frames up to GHc 120.00, every two years.
10.0 SAFETY
1. The Company has a statutory obligation for the standards of safety and health for all persons in their employment and to also protect any member of the public whose health and safety are put to risk through the activities of persons in the Company's employment. The Company will carry the prime responsibility for implementing any health and safety policy it has laid down and ensuring the duty of care it owes to the employee is paramount in any health and safety policies it implements.
2. While the Company is responsible for its operations all employees shall be responsible to take due care of their own safety and that of others. All employees will be required by the Company to comply with the health and safety rules and regulations of the Company.
3. The Company is committed to improving the quality of life for all its employees by ensuring:
a) Elimination of injuries or accidents,
b) Safer working environment,
c) Developing safe working practices.
4. The employee has a responsibility to protect the interest of both the employer and fellow employees in the performance of his/her duty.
5. All work accidents shall be reported immediately to HR Department.
6. In the case of occupational injury/disease confirmed to be arising out of and in the course of his employment, an Employee shall be treated at the cost of the Company until such time that the Employee returns to work or is retired on medical grounds. The Employee shall be paid his full monthly salary and other benefits during the period he is authorized to be absent from work on grounds of the said occupational injury/disease
7. If an Employee is unable to resume his normal job after he has been declared fit to work by the Company medical officer following occupational injury/disease, he may where possible be re-trained for another suitable job and where that is not possible, he may be retired on medical grounds.
8. In case of industrial accidents, Employees shall be paid compensation in accordance with the Workmen's Compensation Law 1987 (PNDCL 187) and in addition the company's Group Personal Accident Insurance Policy.
11. STAFF WELFARE POLICIES
11.1 TRANSPORT
1. The Company shall have a scheme to facilitate the purchase of vehicles and Motor Cycles by employees at concessionary rates. The HR Dept shall set out details of such scheme.
2. Where an employee uses his own vehicle to and from work he shall be given five (5) gallons of fuel every week. However, if the said vehicle for one reason or the other is off the road for more than a week the fuel supply of five gallons per week will be suspended until such time that the vehicle is back on the road.
Employees with motor cycles will be given 2.5 gallons of fuel per week.
3. Each Department within the company may maintain a pool of vehicles for operational purposes. Subject to operational requirements, a vehicle may be made available to employees at the discretion of the Managing Director for personal use.
4. In order to be allowed to drive Company vehicles, employees will be required to maintain a valid Ghanaian Drivers License.
11.2 Retirement Savings Scheme
The Company shall establish a retirement savings scheme for employees to which every employee shall contribute 5 % of his monthly- consolidated salary and the Company shall contribute the equivalent of 5% of each employee's consolidated salary to the scheme. Rules and regulations shall be promulgated to govern the scheme. The Trustees for the Scheme shall include Union representatives.
11.3 Personal Loans
1. The Company shall evolve a Personal Loan Policy
2. An Employee shall not have more than one outstanding personal loan per year.
3. A staff who has been guaranteed by the Company to access any Bank loan shall not qualify for a Company loan until he has fully repaid the said Bank loan.
11.4 Scholarships for Employees' Children
The Company shall institute a scholarship scheme under which an amount of money shall be made available yearly for the award of Scholarship to deserving children of employees of the company in government approved second cycle schools. An Educational Scholarship Committee made up of Management and Union representatives shall be formed which will come up with modalities for the award of the scholarships. The Company shall review the amount of money made available for the scholarship annually at the beginning of each academic year.
11.5 Funeral Grant
In the event of death of an Employee, the Company shall provide to the spouse of the deceased Employee or in the absence of a spouse, to the head of the deceased's family, a cash donation as in Schedule 'D' to cover the cost of a coffin and other reasonable expenses relating to the funeral of the employee. In the case of death of employee's registered spouse or registered biological child the cash donation shall be as stated in Schedule "D"
12. LEAVING THE SERVICE OF THE COMPANY
12.1 Introduction
1. An Employee may leave the Service of the Company in the following ways:
Termination.
Summary dismissal.
Resignation.
Retirement due to age or on medical grounds Death.
Redundancy or severance.
2. Upon request the Company shall provide a certificate of service upon leaving the service of the company for any reason.
12.2 (a) Termination
1. The employer may terminate an employee's appointment by giving the required notice in line with the relevant provisions of the labour Act 2003, Act 651. An employee may also terminate his appointment with the Company by giving the required notice.
2. Where the Union has grounds to believe that an employee's appointment was terminated out of malice the matter may be raised with the Standing Joint Negotiating Committee for discussion.
3. The Company may terminate the employment of a confirmed employee in the event of the employee having been found guilty of an offence in accordance with the schedule of Offences as in (Appendix B) by giving him one (1) month written notice or pay him one (1) month salary in lieu of such notice.
12.2 (b). Notice of Termination
I. The Employer of the confirmed employee shall give one month notice or one month's salary in lieu of notice to terminate the appointment in line with the relevant provisions of the labour Act 2003, Act 651.
II. In case of an employee on probation, notice period shall be two (2) weeks on the part of the employee and the employer.
III. The Company reserves the right to dispense with the one month notice given by an employee if the continued presence of the staff in the Company is considered detrimental to the interest of the Company.
12.3 Summary Dismissal
In the event of an Employee being found guilty of any of the offences listed in accordance with the Schedule of Offences stated in Appendix A, he shall be summarily dismissed. Employees summarily dismissed shall not be repatriated by the Company in case the employee is located at a place other than the original place of employment.
12.4 Resignation Notice
A confirmed Employee wishing to resign shall give one month written notice to the Company or pay to the Company one month notice in lieu of such notice.
12.5 Retirement
1. Retirement from the service of the Company shall be either voluntary or compulsory.
2. The compulsory age for retirement shall be the statutory age as prescribed by the Social Security Law as from time to time amended. Not later than three (3) months prior to his statutory retirement date an Employee shall be so informed in writing by the Company.
3. An Employee who wishes to retire voluntarily shall give the Company three (3) months written notice of his intention to so retire.
12.6. Retirement for Medical Reasons (including death)
1. An Employee may be retired for medical reasons by the Company when found by a Medical Doctor to be unfit to carry out his duties as a result of ill-health occasioned either by occupational or non- occupational injury/disease.
3. An Employee retired for reasons of non-occupational ill health as certified by a Medical Doctor shall be paid all his benefits in addition to the Retirement Savings Fund.
4. In the event of the death of an Employee arising from an occupational accident, the deceased Employee's beneficiary last nominated shall be paid in accordance with the Workmen Compensation Law / Group Personal Accident Policy.
5. For non-occupational related illness or accident causing retirement or death during service, the Company shall investigate the introduction of an appropriate insurance scheme that would pay compensation in those circumstances.
12.7 Redundancy/ Retrenchment
a) Where for one reason or another, an employer is compelled to declare any number of employees redundant as laid down by Labour Act 2003 (Act. 651), the Employer shall give the Union not less than three (3) calendar months notice before the date the said redundancy shall take effect.
b). If there is insufficient work available for the employee to complete his period of notice, he/she will be paid in lieu of notice.
c). Selection of employees whose services are to be terminated owing to redundancy shall be determined on the basis of 'First in Last out' all things being equal.
d). Employees covered by the Agreement who are terminated on grounds of redundancy shall receive all their entitlements before they leave the services of the company unless the Union and the Company agree otherwise.
e). Any employee who is declared redundant will receive payment as follows-:
i. One and 2/3 months' Salary for each year of completed service with a portion of a year's service attracting pro-rata entitlement effective 1st January, 1991.
ii. Where the employer is unable to pay the full amount of the redundancy package within the stipulated time, any balance outstanding shall attract a fixed interest of thirty per centum (30%) per year.
iii. An employee leaving the service under summary dismissal shall not be given notice or pay in lieu of notice.
12.8 Repatriation
Unless an Employee resigns from the Company or is summarily dismissed or terminated, the Company shall pay the reasonable actual cost of repatriation of the Employee, the registered spouse and children to the employee's original place of abode before he moved to the company's operational area. This includes personal transport and movement of their personal effects.
13. DISCIPLINARY RULES AND PROCEDURES
13.1 Introduction
1. The aim of these rules and procedures is to promote an orderly employment relations as well as fairness and consistency in the treatment of individuals. It is to enable the company to influence the conduct of employees towards higher productivity and to deal with problems of poor performance, unproductive attitudes and attendance.
2. The rules set standards of conduct and performance at work; procedures help ensure that the standards are adhered to and also provide a fair method of dealing with alleged failures to observe them.
3. Disciplinary action will be taken against any employee who without reasonable cause conducts himself in a way, which is detrimental to the conduct of the company's business. The nature of sanction that will be brought against an offending employee depends on the nature and seriousness of the offence.
4. To ensure fairness and uniformity and to serve as a guide to management and employees, as far as practicable, disciplinary action will be taken against employees in accordance with the list of offences stated in Schedule A, B and C of this Collective Agreement.
5. Before any disciplinary action is taken against an Employee, he must have been given the opportunity to defend himself either orally or in writing.
6. Where the matter could lead to the dismissal or the termination of the appointment of the employee, the employee shall be given the chance to appear before a disciplinary Committee.
The Company shall appoint a Disciplinary Committee to deal with cases as they arise. Membership of the Committee shall be made up of:
Human Resource Manager (Chairman)
Representative of PMSU UNICOF
Member of Management of JMTCG
The Disciplinary Committee shall investigate any disciplinary issue referred to it, come up with its findings and forward its recommendation(s) to the Managing Director who will then decide what appropriate action to take, based on the Committee's findings and recommendations.
The Disciplinary Committee shall as far as practicable give adequate notice and opportunity for an employee to appear to state his side of the matter under investigation. An employee appearing before the committee shall have prior knowledge of the charges or allegations against him and he shall have the right to call witnesses to support his case. He shall as far as possible be given opportunity to cross-examine persons who have made allegations against him. This is an internal disciplinary process and therefore an employee is not entitled to appear before the committee with a lawyer. Refusal by an employee to appear before the disciplinary Committee shall not prevent the Committee from making findings and recommendations.
Interdiction Procedure
1. If an Employee is suspected of having committed an offence, which requires investigation, he may be interdicted on half-pay pending the outcome of the investigation or final disposal of the case.
2. If after the investigation, the Employee is exonerated, he shall be paid in full for the period of his interdiction.
3. An Employee on interdiction shall not be allowed to participate in any activity relating to the company and shall not enter into any operational area or offices of the company without prior permission of his head of department.
4. Interdiction should be for a maximum of six (6) months. If at the end of the six-month period, the committee is unable to finalize action to be taken, the employee will remain interdicted for another 6 months but with full pay. (This provision on interdiction will not apply if the matter is in court or is the subject of Police Investigation).
13.3 Applicable Sanctions
1. When an Employee commits an offence, the nature of the Offence shall dictate the action to be taken.
2. If the offence falls into the categories outlined in Schedule A and B, the matter shall be referred immediately to the Disciplinary Committee with a recommendation for investigation.
3. Where an employee commits an offence, which falls in category C, the employee may be given an oral or written warning.
13.4 Warning Procedure
1. Where in the opinion of the employee's immediate superior, the circumstances of the offence committed is such as to require a written warning, the said warning shall be issued to employee and a copy placed on employee's personal file for twelve (12) consecutive months after which it would cease to have effect.
2. If the offending employee has received two previous warnings within the last twelve (12) consecutive months, then on receipt of a third written warning, that notwithstanding anything stated in this agreement his appointment may be terminated.
14.0 GRIEVANCE
14.1 Grievance Handling Procedure:
(i) In this agreement, a grievance is a condition, which exists as a result of unsatisfactory adjustment or failure to adjust a claim or dispute by an employee or employees, or the Union concerning the interpretation, scope or application of this agreement set forth herein.
(ii) Both parties agree that should any grievance arise, an earnest effort should be made to settle it as promptly and as close to the source as possible. Furthermore, both parties will endeavour to present all the facts relating to the grievance as the first step in the grievance procedure.
(iii) In the event of a grievance, an employee shall take the matter up with his/her Head of Department. The oral decision of the Head of Department will be given within two (2) working days. If such decision does not result in the satisfactory solution, the matter may then be dealt with more formally under the grievance procedure, which shall be as follows:
14.2 STEPS FOR GRIEVANCE RESOLUTION
Step I:
Upon failure to settle the grievance with the Head of Department, the employee concerned shall put the grievance into writing and counter signed by the PMSU representative(s), and handed to the Head of Human Resource who shall give a written answer to the grievance within two (2) working days.
Step II
If the matter is still unresolved, the head of Human Resource or his representative shall arrange a meeting between the employee concerned, the PMSU representative and himself/herself. The decision of the Human Resource manager or his representative shall be given in writing within four (4) working days after the conclusion of the meeting.
Step III
If after step II above, the matter remains unresolved; either party may summon the Standing Joint Negotiating Committee to meet and endeavor to reach an agreement.
Step IV
If the decision at Step III does not resolve the grievance, either party shall refer the matter to the Labour Commission in accordance with the relevant sections of the Labour Act 2003, Act 651.
14.3 Special Grievance Procedure for Sexual Harassment
Where the source of an employee's grievance is sexual harassment, he may ignore the above Steps and report first to the Head of the HR Dept, who shall investigate the grievance and take steps to resolve the matter within 72 hours of receipt of the complaint.
If the employee is not satisfied with the action taken by the Head of HR, he may refer the matter to the Managing Director who shall take steps to resolve the matter within seven days and his ruling on the matter shall be final
15.0 LEGAL ASSISTANCE
In the event of court proceedings being brought against an Employee for an offence he committed in the course of his lawful duties, the Company shall ensure that defense counsel is provided for the Employee in so far as the Employee has not breached any Company policies or procedures or has not committed any illegal act.
16.0 SETTLEMENT OF INDUSTRIAL DISPUTES
16.1 Dispute Resolution Procedure
1. All employees accept and the company also accepts and agrees that any dispute between the company and any employee relating to his employment or any claim arising out of or relating to an employee's employment or termination of employment whether by the company or the employee including claims based on the Labor Act of Ghana 2003, Act 651 or such other legislation or the Constitution of the Republic of Ghana shall first be referred to arbitration by the aggrieved party except where the subject matter of dispute is of a criminal nature.
2. Any dispute between the Union and the Company shall be resolved through good faith negotiation. Where the parties are unable to resolve such disputes they shall refer the said dispute to an arbitrator appointed by the National Labour Commission who shall as far as relevant apply the rules for dispute resolutions as contained in the Labour Act 2003, Act 651.
3. The award of the arbitrator shall be final.
17.0 TRAVELLING OUTSIDE THE BOUNDARIES OF GHANA
An employee who is required by his employer to travel outside Ghana on official duties shall be provided with accommodation, meal, transport and a reasonable pocket allowance at the discretion of Management.
18.0 CERTIFICATE OF SERVICE
On resignation or retirement of an employee from the service of the employer a certificate of service will be issued on request.
19.0 UNION NOTICE BOARD
The employer shall provide a notice Board to be used on the premises of the employer for the use of the Union for the information of the members.
20.0 UNION MEMBERSHIP /CHECK OFF
Any employee who is covered by this Agreement shall be deemed to be a member of the Union to the extent of paying membership dues and any general assessment uniformly levied against all Union members.
The employer undertakes to deduct the Union dues from the employee's salary as notified to him in writing by the Union and to pay such amount deducted to the Union.
The Employer recognizes UNICOF for Collective Bargaining in respect of its employees covered by this Agreement.
21.0 LEAVE OF ABSENCE FOR UNION ACTIVITIES
An employee elected to a permanent office in or a delegate to any Union activity necessitating leave of absence shall be granted such leave with pay. Written notice for such leave giving, the length of leave shall be given to the employer as far as in advance as possible but in no event, later than the day prior to the day such leave is to be effective. The length of the leave and its frequency in the year should be determined on merits of individual cases.
SCHEDULES
A. Grounds for dismissal
i. Theft, fraud and deliberate falsification of records and drunkenness.
ii Fighting whilst on Company property or whilst on duty.
iii. Disclosing information concerning internal arrangements or policy of the Company to any person outside the Company who is not authorized to receive them without the prior approval from the Managing Director
iv. Being under the influence of alcohol or narcotics or being in possession of illicit drugs during work hours.
v. Sexual harassment, serious bullying or harassment of non-sexual nature
vi. Accepting a bribe, bribing or attempting to bribe Company officials.
vii. Bringing the image of the Company into disrepute.
viii. Misuse of Company's property or Company's name.
ix. Behaving negligently resulting in significant loss or damage to Company equipment or property.
x. Riotous behavior resulting in injury to Company personnel or Third parties, and damage to Company property.
xi. Making derogatory remarks about an employee's medical condition or discriminate against another employee on grounds of illness or medical condition without just course
xii. Any act done by a staff, without reasonable excuse which amounts to a failure to perform in a proper manner, any legitimate duty imposed on him/her and tends to bring the Company into disrepute or otherwise prejudicial to the efficient conduct of the business of the Company, shall constitute MISCONDUCT.
B. GROUNDS FOR TERMINATION
1. Stealing property belonging to another Employee.
2. Refusal to carry out lawful and definite instruction without reasonable excuse.
3. Gross insubordination.
4. Possession of alcohol in the work place during working hours.
5. Failure to report to work without permission for a cumulative period often (10) working days within a calendar year.
6. Telling lies to a Supervisor.
7. Misuse of level of authority.
8. Loss of confidence by management in one's ability to satisfactorily discharge his/her duties as an Employee.
9. Negligence resulting in potential damage or loss to Company equipment or property.
10. Operating Company equipment without authorisation.
11. Spreading rumors or misinformation which has the potential to disrupt or disturb normal Company / Employee relations.
12. Any other grounds recommended by the Disciplinary Committee and recognized by law as sufficient.
C. GROUNDS FOR WARNING
1. Negligence of Duty.
2. Insolence or use of abusive language.
3. Reporting late to work.
4. Leaving work early without permission.
5. Not returning promptly to work after meal breaks.
6. Misuse of Company equipment or property.
7. Carelessness.
8. Inefficiency.
9. Loafing.
10. Failure to obey a lawful instruction.
11. Non-compliance with laid-down procedures relating to one's work.
12. Disorderly behavior.
13. Threatening violence.
14. Riotous behavior.
15. Intimidation.
16. Smoking in non-smoking areas.
17. Not using or wearing prescribed safety equipment.
18. Careless driving.
19. Loitering on Company property without permission.
20. Failure to report for a scheduled and agreed overtime shift.
21. Sleeping during scheduled work hours.
22. Any other grounds recognized by law as beingg sufficient.
SCHEDULE D: SCHEDULE ON ALLOWANCES AND OTHER BENEFITS (UNICOF JANUARY 2010 TO DECEMBER 2011)
| NO | BENEFIT | REMARKS | |||
| I | OUT OF STATION ALLOWANCE | ||||
| *Transport and
Accommodation as appropriate Plus *Daily meals allowance if accommodation is provided Or *Allowance to cover accommodation, and meals. *Inconvenience allowance *For day return allowance to cover meals. |
GHc20.00 - per day
GHc 45.00 - per day GHc 12.00 per day GHc12.00 per day |
Where an employee is required by his work to spend a day / normal working hours within a day away from his recognized station of employment | |||
| 2 | TRANSFER | ||||
| A | Temporary transfer | In addition to out of station allowance shall be paid 35% of basic salary for each month | |||
| B | Permanent transfer | Transport for belongings and family
+ Relocation allowance of 3 months basic salary |
|||
| 3 | ACTING
ALLOWANCE |
Difference between entry salary of
substantive Officer 'A' and salary of Acting Officer 'B' |
To be paid if officer acts for a minimum of 5 weeks. | ||
| 4 | CHARGE
ALLOWANCE |
30% of
Officer in - Charge" salary. For Officers more than two grades below the Substantive Officer. |
|||
| 5 | EXTRA DUTY ALLOWANCE | 2.5% of
monthly basic salary |
To be paid quarterly in arrears to every staff | ||
| 6a | ANNUAL LEAVE | 25 days | To be taken after the year has ended | ||
| 6b | LEAVE CALL IN | 15% of basic salary
25% of basic salary |
If officer is recalled to work for 7 days or less.
If officer is recalled to work for a period in excess of 14 days or more. |
||
| 7 | TRANSPORT
ALLOWANCE |
Officers with vehicles to draw 5 gallons of
fuel weekly. Officers with motor cycles to draw 2.5 gallons of fuel weekly |
Fuel allocation shall be suspended If the vehicle is off the road for a week | ||
| 8 | REDUNDANCY | 1 and 2/3 months
salary for each year of service effective January 1991. |
|||
| 9 | MEDICALS
*Staff *Dependants(Spouse & 4 biological children under 18 years) *Spectacles |
NHIS plus drugs not covered by NHIS.
NHIS plus GHc 200.00 Strictly NHIS. Strictly to access NHIS as operated by government. GH4c120.00 |
Strictly NHIS accredited
Medical/Pharmaceutical facilities. Registration/Renewal re-imbursement to be borne by company and GHc 200 to be claimed strictly from NHIS accredited medical/ pharmaceutical facilities. Annual Ceiling To be paid every 2 years. |
||
| 10 | DUTY CALL IN ALLOWANCE | GHc 12.00 daily | When an officer is recalled from home for duty outside his normal hours of work. ie, weekends. | ||
| 11 | LONG SERVICE AWARD
To be paid when an employee attains the following years in the Service |
10 yrs:- l Months salary + Cert, of service
15 yrs:-1 and 1/4 Months salary + Cert, of service 20 yrs :-1 and 3/4 Months salary + Cert, of service 25 yrs: 2 Months salary + Cert, of service 30 & above - 2 and 1/2 Months salary +cert of service |
|||
| 12 | FUNERAL GRANT
* Death of Serving Staff *Death of Spouse Or biological child |
GHc: 1,000.00 (One thousand (Gh.) cedis only).
GHc 300.00 |
To be paid to family or surviving spouse OR next of kin as indicated
in employees records.
To be paid to bereaved staff. |
Schedule E
LOAN POLICY (TO BE DONE ON COMPANY BASIS)
Schedule F
PROPOSED SCHOLARSHIP SCHEME FOR CHILDREN OF EMPLOYEES
Number to be awarded: The Company is to award Scholarships to children of employees every year. Each Companywill determine the number of awards on yearly basis.
Committee criteria for member Committee Selection:
Employee must have served the Company satisfactorily for a minimum of 5 years.
The child should be the biological child of the employee.
The child's name should appear on the employee's personal records lodged at Human Resource Management Department.
The child must have gained admission to a Government assisted Senior Secondary /Technical School in Ghana on the basis of the BECE examination conducted by the WAEC for that year.
Application should be accompanied by a
Birth certificate
Copy of BECE Result Slip with candidate's index number.
Company Obligation: If employee meets the criteria and the child is selected for theward, the Company shall;
Sponsor the child for the 3 year period he/she is at the Secondary /Technical school.
Sponsorship includes:
full cost of school fees text books
other items supplied by the school for which there is a formal school receipt attached.
Employee Obligation The Company reserves the right to withdraw the scholarship ofthe child-:
for poor performance
on resignation of the employee
on termination /dismissal of the employee.
Schedule G BOND (SAMPLE)
KNOW ALL MEN BY THESE PRESENT
THAT WE:
(Hereinafter called the "Principal"), an
employee of Japan Motors Trading Company Limited (JMTCG)
AND
of (Hereinafter called
"Surety") are held and bound unto JMTCG in the sum of Cedis
for the payment of which we bind ourselves, our
heirs, executors, administrators and assigns, jointly and severally, firmly by these present.
WHEREAS
i. JMTCG has sponsored the Principal herein to undertake a training
course in respect
of on the
understanding that the Principal will use the knowledge and skills acquired to improve the quality of service delivered by JMTCG to its customers
ii. The Principal has agreed to work with JMTCG for at least a
period ofyears from the date of the end of the said
training course. Alternatively the Principal undertakes that if for any reason his relationship with JMTCG should come to an end he would not work in direct competition with JMTCG for at least months from the date of separation from JMTCG.
Now, the condition of this obligation is such that if the Principal shall work
with JMTCG for at least years from the date of the end of the said Programme, then this obligation shall be void and of no effect; or otherwise the same shall remain in force and effect.
However if the Principal shall fail to work for JMTCG for years as herein provided, then upon his ending of his relation with JMTCG, the bond sum of Cedis shall become due and payable together with interest on the said amount calculated from the date of this bond.
DATED AT ACCRA THISDAY OF
In the presence of
Name
Date:
In the presence of
Name:
Date:
Signed for and on behalf of UNICOF (PMSU)
Date: ....
In the Presence of
Name:
