COLLECTIVE AGREEMENT PROPOSAL BETWEEN TAG INVESTMENT AND SILVER PLATTER Ltd. AND UNION OF EDUCATION, AGRICULTURE & GENERAL SERVICES WORKERS UNEAGES of GFL

Dated in Accra this ___ day of _____ 2014

SECTION A - INTRODUCTION

PREAMBLE

This Collective Agreement is made this ___ day of ___________ 2014 between the Management of TAJ INVESTMENT AND SILVER PLATTER LIMITED hereinafter referred to as the Employer and Union of Education, Agriculture & General Services [UNEAGES] hereinafter referred to as the Union.

ARTICLE 1-COVERAGE

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. 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 CA, the following shall mean:

i. Employer shall mean the TAJ INVESTMENT AND SILVER PLATTER 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 TAJ INVESTMENT AND SILVER PLATTER LIMITED 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 application of the articles on all matters of employment and non-employment contained in this Collective Agreement and all relevant labour 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 TAJ INVESTMENT AND SILVER PLATTER 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 permanent or contract 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 permanent worker of the company who has worked continuously for a period of six months and above.

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 employee.

SECTION B - ENTERING THE JOB

ARTICLE 5- ENGAGEMENT/APPOINTMENT LETTER

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, 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 TAJ INVESTMENT AND SILVER PLATTER 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 - PROBATION

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 and in accordance with the probationer’s appraisal report.

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 work ethics and cultural norms 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, 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 TAJ INVESTMENT AND SILVER PLATTER LIMITED shall institute an Appraisal Review Committee made up of the head of HR Department, Head of Department and Local Union Chairman/representative

ARTICLE 12 - HOURS OF WORK

III. Any hours of work beyond the stipulated 8hours of work shall be considered as an overtime which shall attract extra pay under overtime rate.

ARTICLE 13 - OVERTIME/OVERTIME RATE

ARTICLE 14 -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 at the employer.

ii. Worn out uniform/work clothing shall be presented to the head of the Department for replacement.

ARTICLE 16 -NIGHT ALLOWANCE

ARTICLE 17 – ANNUAL LEAVE

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.

ARTICLE 18 -CASUAL LEAVE

ARTICLE 19 -MATERNITY LEAVE

ARTICLE 20 -OCCUPATIONAL HEALTH & SAFETY

ARTICLE 20 - SALARY ADMINSTRATION

i. Salary Structure

The employer shall design a Salary Structure relative to the job assignment and qualifications of employees of TAJ INVESTMENT AND SILVER PLATTER 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 as contained in the salary structure in appendix “A”.

iii. Salary Review

The management of TAJ INVESTMENT AND SILVER PLATTER 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. Annual and Merit Increment

v. Salary Advance

The employer shall grant Salary Advance equivalent to the monthly basic salary to an employee 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.

vi. Special Advance

In special circumstances, the employer shall grant a minimum of three months basic salary to an employee who in urgent necessities demands for such assistance. 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 twelve months period.

ARTICLE 21 -UNION RECOGNITION

i. The management and board of TAJ INVESTMENT AND SILVER PLATTER 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. 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.

iii. Union Activities

• The employer shall in accordance with the Labour Act 2003, Act 651 grant local union executive and shop stewards of TAJ INVESTMENT AND SILVER PLATTER 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.

• Sufficient time notice at least 48hours shall be given to the head of department to arrange for his/her proper release and replacement.

iv. The employer shall 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.

v. Executive or shop stewards

a. In line with the labour act, the employer shall recognize the existence of branch executives as official representatives of the union

b. 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 who shall consult and be consulted on matters involving union members in their respective sections and departments for the promotion sound industrial relations practice at the grass roots level

c. The union shall assist in the resolution of labour conflict that may arise from time to time in the course of work.

vi. Union membership

a. 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.

b. New employees of the company engaged after the coming into effect of this agreement shall be enrolled into the membership of the union by the local union.

vii. 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 22 -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

a. 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 :

i. Verbal or Written Warning

ii. Suspension

iii. Demotion in rank and salary

iv. Freeze on Promotion [for specific period]

v. Termination with/without notice

vi. Dismissal

b. Disciplinary Committee

i. 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.

ii. 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.

iii. 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 22 – 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.

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, 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, 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 23 - LONG SERVICE AWARD

ARTICLE 24 - PROVIDENT FUND [3RD TIER PENSION]

ARTICLE 25 -MEDICAL FACILITIES

iii. Due to the sensitive nature of the work of the work, the employer shall carry out periodic medical checkup [twice yearly] at the expense of the employer to ensure the physical fitness of the employees to work.

ARTICLE 26 – ANNUAL BONUS

ARTICLE 27 - FUNERAL GRANT

ARTICLE 28 – TRANSPORT

In the interest of punctuality of workers to work and high productivity, the employer shall provide adequate and safe 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.

ARTICLE 29 – MEALS

SECTION E - LEAVING THE SERVICE

ARTICLE 30 - TERMINATION

1. 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.

2. A fairly terminated employee shall be entitled to all earned and accrued benefits due him/her during the period of his/her employment.

3. In the event of Dismissal as stipulated under Article 22a [iv], 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 31 - RESIGNATION

1. An employee who intends to withdraw his/her services from TAJ INVESTMENT AND SILVER PLATTER LIMITED. 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.

2. A resigned employee shall be entitled to all earned and accrued benefit under the Collective Agreement.

ARTICLE 32 - REDUNDANCY

ARTICLE 33 - RETIREMENT

1. Employees covered by this Collective Agreement shall retire under the laws of the Pensions Act 2008, Act 766

2. 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.

3. 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 34 - AMENDMENT TO AND 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 35 - 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

TAJ INVESTMENT & SILVER PLATTER LTD

MANAGING DIRETOR

SIGNED FOR AND ON BEHALF OF

UNION OF EDUCATION AGRICULTURE & GENERAL SERVICES

GENERAL SECRETARY

And witnessed by:

Dated in Adeiso this ____ day of__________ 2014