COLLECTIVE BARGAINING AGREEMENT BETWEEN AGS FRASERS INTERNATIONAL GHANA LIMITED AND MARITIME AND DOCKWORKERS UNION (MDU) OF THE TUC OF GHANA
PREAMBLE:
This agreement entered this 06/08/2014 between AGS FRASERS INTERNATIONAL GHANA LIMITED (herein referred to as the company) and the MARITIME AND DOCKWORKERS UNION OF TRADES UNION CONGRESS (MDU OF TUC) officially certified under the Labour Act 2003 (Act 651) and any amendment thereto as the negotiation body, provides for the employment and conditions of labour which shall apply to all Employee of the said company for whom the Union has been certified to negotiate.
ARTICLE 1: PURPOSE AND INTENTION
It is the intention and purpose of the parties that this Agreement, which supersedes all previous agreements, customs and practices, will promote peaceful co-operation and understanding between the company and the employees. Each of the parties hereto acknowledges the rights and responsibilities of the other and agrees to discharge such responsibilities under this agreement. In implementing this agreement, the importance of effective consultation and communication is recognized by both parties thereto. To this end, the parties hereto affirm that, should any dispute arise between them, it shall be examined in this same spirit and settled in accordance with the procedure outlined in this agreement.
Accordingly, the company recognised the union as the sole and exclusive Collective Bargaining representative of the employees in all matters pertaining to rates of pay, wages, working hours and other terms and conditions of employment.
ARTICLE 2: SCOPE AND COVERAGE
2.1 This agreement shall apply to all permanent employees who are in the employment of the company on the date of this agreement. It shall equally apply to employees, who are engaged by the company while the agreement is in force unless one elects not to join the Union.
In this agreement, unless context otherwise requires, the term:
a.“Company” shall mean “AGS Frasers International Ghana Limited
” Union” shall mean “MARITIME AND DOCKWORKERS UNION OF TUC
“Local Union” shall mean MDU-AGS Frasers International Ghana Branch
b.“Employee” Any permanent employee, except the following whose jobs involve handling of confidential information of the company.
i. Accountant
ii. The General Manager’s Secretary
iii. Secretaries of the deputy General Manager (if any)
iv. IT personnel from the rank of AssistantSupervisor
c. Casual labour shall apply to any person employed on a non-permanent basis to cater for fluctuations in business demands
d. Temporary Employee shall apply to any employee who has been employed for a period not exceeding twelve (12) months for a particular job the duration of which is not stated and whose services may no longer be required on the completion of a particular job. If the temporary employee is transferred to a permanent job, his employment shall commence from the date on which he was engaged as a permanent employee.
e. “Salary” shall mean substantive basic salary excluding any form of allowance.
f. “Family” shall mean an employee, one dependant spouse and four children up to the age of 18 years or a student.
g. “Next of kin” means a member of family nominated by the employee to be informed in the event of death, accident, sickness etc of the employee.
h. Monthly rated employee shall apply to any employee whose pay is expressed as an amount and who is non-exempt from overtime pay.
i. Reference to the masculine Gender in this agreement shall also include feminine Gender where appropriate.
j. “Month” means one calendar month.
k. “Leave Year” means a year calculated on the basis of the date on which an employee first assumes duty.
l. “Year” means a period of twelve (12) calendar months.
m. “Remuneration” as defined in Section 175 of the Labour Act. 2003 (Act 651).
4.7 All newly-engaged permanent employees shall undergo medical examination, be given letters of appointment indicating a salary point salary scale, effective date, probationary period, job title, grade and department/section assigned.
4.8 The Company shall keep a permanent employment record for all categories of employees.
4.9 Printed copies of this Agreement including all amendments or additions that will be mutually made from time to time by the parties hereto shall be handed over to all employees covered by the Company within three (3) months from the date of signing the Agreement.
ARTICLE 5: UNION SECURITY
5.1 Union Membership and Check Off
5.1.1 Since the Union represents the employees of the Company, as defined in Article 2 of the Agreement, it is recognized that such employees should all participate in the democratic decision making of the Union and contribute their share to the cost of such representation.
5.1.2 At the end of each month the Company shall deduct from the salary/wage of each employee covered by this Agreement the Union dues as authorised by the Union and any general assessment uniformly levied.
5.1.3 All Union dues and any general assessment uniformly levied so deducted, shall be paid to the National Union, the Trades Union Congress and the Local Union respectively in accordance with the Union’s constitution not later than the fifth (5th) day of each month along with a list of employees from whose pay packets the deductions were made.
5.1.4 All dues shall be paid by cheques marked “Commission to Drawer’s “Account”
5.2 Non-Discrimination
The Company shall not intimidate or discriminate against any employee covered by this Agreement because of his Union activities in all matters pertaining to hiring, salary/wage rates, hours of work and other working conditions or do anything that vitiates the free will of the employee or prevent an employee from joining the Local Union.
ARTICLE 6: HOURS OF WORK
6.1 Time for Indoor and Other Employees
6.1.1 From Monday to Friday, employees would work for eight hours with one hour break period. The normal working week for all categories of workers shall not exceed forty (40) hours. Normal hours of work for all categories of workers shall not exceed eight (8) hours per day from Monday to Friday as follows:
| Morning Session | 8:00 a.m. - 12:00 p.m.
or 8:00 a.m. - 1:30p.m. |
| Break for Meal | 12:00 p.m.- 1:00 p.m.
or 1:00 p.m.- 2:00 p.m. |
6.3 General
6.3.1Saturday, Sundays and Public Holidays shall be treated as non- working days for all categories of workers, except Security staff.
As such, employees attend work on these occasions only when engaged or allocated to work.
ARTICLE 7: OVERTIME
7.1(a) Employees shall be paid an amount of Twenty Ghana Cedis (GHC 20) as overtime allowance for work beyond 5.30 p.m. provided work will be completed
(b) Hourly rate of Saturday, Sunday or Public Holidays
Basic Monthly Salary x 2 x Hours divided by 216
(c) Where an employee is called in from home during his rest period to perform duties for the Company, he shall be paid two (2) times his hourly rate of pay for each hour spent on the job.
ARTICLE 8: SALARIES AND WAGES
8.1Rate of Pay.
8.1.1 Any employee who is covered by this Agreement shall receive the rate of pay appropriate to his job classification.
8.1.3 Salaries/wages shall be paid once monthly on or before the twenty-seventh (27th) day of the month to employees after allowing for all statutory deduction and others authorized by the employees.
8.1.4 Should a new job be created, subsequent to the date of this Agreement or should an existing job be so substantially changed in its duties and responsibilities that the old rate of pay is no longer appropriate, the Company and the Union shall meet to agree upon rate of pay which is appropriate for the new changed job.
8.1.5 During the life of this Agreement, no employee’s salary/wage shall be reduced below the amount he is receiving except by mutual consent of
Ithe parties to this agreement or under provision of Article 16 of this agreement.
8.2 Wage Re-opening
8.2.1 Notwithstanding the provision of Section 1 of this Article, if any statutory regulations on salaries/wages are enacted during the life of this Agreement, the parties hereto will meet and incorporate them into this Agreement, if they are appropriate.
8.2.2 Notwithstanding the provision of Section 1 of this Article either party shall have the right once in each year of this Agreement, to re-open this Agreement, on question of alteration of the agreed salary/wage structure. In the event that either party wishes to exercise this right, it shall give two (2) months’ notice in writing to other party of its intention. Four (4) weeks prior to the expiry of the said two (2) months, negotiation on the new salaries/ wages shall begin in good faith.
8.3 Annual Increment
8.3.1 Annual increment shall be granted to all employees at the beginning of the salary year subject to satisfactory conduct and performance. The salary year shall be 1st January to the end of December in the same year. A new employee shall be entitled to increment only after completing six months satisfactory service exclusive of probationary period by December
8.3.2 In exceptional cases of outstanding ability, an employee may be awarded merit increment (s) over and above the normal increment in any one year.
8.3.3 Copies of reports on employee’s performance shall be given to each employee one (1) month prior to his incremental date. Where an employee’s increment is to be withheld for proper cause, the Company shall notify him/her in writing with a copy to the Local Union, giving the reason(s) for withholding such increment.
The employee’s increment shall be restored with effect from the fourth month if his performance and conduct within the three (3) months that his increment is being withheld, has been satisfactory.
8.3.4 Notwithstanding the provisions of this section, where an employee reaches the top of this scale every effort shall be made to promote him/ her to the next group depending on availability of an opening. If after one year such an employee cannot be promoted to the next group he shall be granted the normal incremental step in his/her salary scale provided his/her performance and conduct throughout the year is satisfactory. In such case the Local Union shall be informed.
8.4 Promotion Increase
Where an employee is promoted, the Company shall award promotion increase, which shall not be less than the normal increment in the employee’s previous scale.
ARTICLE 9: SENIORITY AND PROMOTION
9.1 Promotion
9.1.1 Parties to this Agreement agree that job security and advancement within the Company shall depend on education, the skill for the job. merit, length of service, good conduct of the employee, demonstrated abilities to assume greater responsibilities and availability of vacancy.
9.1.2 In all cases of promotions, serving permanent employees shall have preference over non-permanent employee.
9.1.3 Where the skill of two (2) or more serving permanent employees appear to be the same, the one with longest Company service shall be promoted.
9.1.4 The Company shall inform the Local Union on all matters of promotion,
9.1.5 An employee may be considered for promotion after continuous service of not less than twelve (12) months. Due cognizance shall be taken of an employee’s relevant higher qualification and experience attained before or during his/her twelve (12) months continuous service.
9.2 Filling of Vacancies
9.2.1 When vacancies exist within a particular section{s} or departments) of of the Company prior consideration shall be given to serving permanent employee in the section or department to fill such vacancies or posts on the basis of efficiency on the job, education, skill, experience and length of department service. In the event that there are no suitable applicants in any permanent or non-permanent categories the Company shall have the right to recruit from outside.
9.2.2 When the Company combines or separates departments or any portion thereof, causing employee (s) to be permanently transferred to the combined or separated department, seniority of the employee (s) transferred to the new department shall be established therein by merging the respective departmental seniority formerly held by each of them in their former departments. In deciding who should head the new Section, the provision of Article 9.1.3 shall apply.
9.2.3 All vacancies or posts that occur within the Company shall be advertised internally with copy to the Local Union for, at least fourteen (14) days prior to filling them to enable serving employees with requisite qualification, to apply.
9.2.4 In all cases where the Company fills such vacancies the Local Union shall be notified in writing.
9.2.5 Any employee promoted to a new vacant position shall serve a trial period of three (3) months and upon satisfactory performance shall be confirmed in the new post. Where an employee fails to perform satisfactorily during the trial period Management shall revert him to his former post, and the Local Union informed.
9.3 Transfer
9.3.1 When an employee is transferred by the Company from one town to another, the Company undertakes to pay cost of transportation of the employee and his registered family (i.e. spouse, children under the age of eighteen (18) years, if the employee’s services are terminated either summarily or ordinarily, he and his family shall be provided with similar transportation back to his original place of work provided the employee submits a request to the Company within one (1) month after the date of termination. An employee on transfer may not spend period exceeding three (3) years at a post.
9.3.2 Except in case of emergency, notice of at least thirty (30) days shall be given to an employee prior to being transferred. On arrival at his new place of employment the employee shall be entitled to a disturbance allowance equivalent to his two (2) weeks’ salary.
Normally, no employee shall be transferred without adequate arrangement being made for the employee’s accommodation. But where the employee cannot be provided with accommodation, he shall be paid overnight allowance based on the accommodation element of the per diem allowance, applicable i.e. Article 14, section 2 until such time that the employee gets a suitable accommodation.
This clause does not apply if the transfer is at the request of the employee. Request for transfer shall be granted at the discretion of the Company.
9.3.3 Any employee of the Company may be requested to work anywhere in Ghana or abroad. Any employee who refuses transfer shall be asked to resign from the service of the company and upon his refusal shall have his appointment terminated.
ARTICLE 10: SAFETY AND HEALTH
10.1Protective Devices, Uniforms/Laundry Facilities
The company shall identify category of staff to be provided with uniforms.
10.2 Industrial Injury and Disease
10.2.1 All industrial injury or disease shall be immediately reported to Management with copy to the Local Union. In the event of an injury or illness at work, the Company shall be responsible for treatment.
The Company shall continue to pay the employee his salary/wage for the whole period of treatment till the injured employee resumes duty.
In such circumstance, the employee shall be entitled to compensation under the Workmen’s Compensation Law 187 and any subsequent amendments.
10.2.2 In all cases of payment of compensation (periodical and/or lump sum) a Local Union official shall be present. Copies of correspondence relating to all industrial accidents shall be sent to the Local Union.
10.2.3 Any employee covered by this Agreement who dies or suffers total or permanent incapacity to work as a result of industrial illness or an accident arising out of and in the course of his employment and confirmed as such by a government registered medical doctor, shall be entitled to lump sum of not less than 50% (fifty percent) of his annual basic salary as ex-gratia in addition to other entitlements under the law.
10.2.5 Where an employee develops a disease and it is proved by a government registered Medical Practitioner to be an industrial illness the Company shall pay surgical and other expenses involved.
10.3 Non-Industrial Illness (Free Medical Treatment)
10.3.1 The Company shall provide medical facilities in its specified medical centres for its permanent employees, a registered spouse and four (4) children up to the age of 18 (eighteen) years or a student. Medical treatment shall be paid by the Company upon submission of proper medical receipt.
The facility shall be extended to a non-permanent employee only when on duty and shall not be extended to his family.
10.3.2 In case of emergency when it is not possible to report at the company’s selected hospital or clinic, due to emergency, the beneficiaries shall seek treatment at the nearest registered medical centre.
Bills for such emergency treatments and drugs shall be paid or refunded by the company only upon submission of proper medical report, prescription and receipts from the registered medical centre.
10.3.3 The Company shall bear the cost of child delivery, non-cosmetic spectacles and hearing aid prescribed by a Government medical doctor once in a year. In the case of spectacles, the company shall bear the cost of the prescribed lenses from specified Eye Clinics and an amount not exceeding a Hundred Ghana Cedis (GHC 100) for the frames.
10.3.4 Treatment for Infertility, Sexually Transmitted Diseases (STD), Drag Diseases, and Cosmetic Dentures shall not be provided by the Company.
10.3.5 Where an employee is unable to work because of non-occupational illness or injury and where he is declared unfit to continue in the service of the Company by Company appointed medical doctor, his services shall be terminated on grounds of ill health and shall be paid all entitlements due to him under this Agreement.
Should the Company not be able to pay an employee who has left the Company his entitlements in full on the due date, the employee and his family shall continue to be entitled to free medical care until the entitlements are fully paid.
10.4 Sick Leave/Pay
10.4.1 An employee whose sickness is supported by a medical certificate Issued by a government recognised Medical Practitioner shall be entitled to sick leave with pay as follows:
| (a) Up to 5 years | -6 months full pay
6 month half pay |
| (b)6 years and above | -9 months full pay
4 months half pay |
An employee on sick leave shall remain on the employment list where the sick leave shall not exceed twelve (12) months.
10.4.2 (a) In any case of absence from work on the grounds of illness a certificate from a specified Medical Practitioner of the company shall be furnished to the Company within three (3) days of the employee being declared unfit.
(b) In case of emergency when it is not possible to report at company’s clinic because of emergency, the employee shall furnish the company wit] the certificate indicating the grounds of illness from a recognised Medical Officer.
Medical Examination
10.5 In the interest of the safety and health of the employees both existing and newly engaged employees who have completed their probation shall undergo free medical examination provided by the company once in every year.
10.6 First Aid
The Company shall provide adequate first aid facilities for its employees.
10.7 Personal Accident Insurance Policy
Any employee covered by this Agreement shall be insured under the Company's Insurance Policy Scheme.
ARTICLE 11: HOLIDAYS AND LEAVE
11.1 All statutory and public holidays of the country shall be observed by the Company and the employees, and payment of remuneration for the said public holidays shall be made as under Article 7 of this Agreement.
11.2 Annual Leave
| Group Period of Service | No. of Working Entitled |
| 1. Employee with ten (10) years Company Service and above | 30 |
2. Employee with seven (7) to nine (9) years Company Service |
25 |
3. Employee with one (1) to Six (6) years Company Service |
21 |
11.3 Casual/Compassionate Leave
11.3.1The Company agrees to grant five (5) working days paid casual leave to its employees in appropriate cases of emergency such as the death of a spouse, child, father or mother of employees in one calendar year where the employees have exhausted their annual leave. In exceptional cases, however, the Company may extend the period to a maximum of seven (7) working days. Request for casual leave shall be in writing prior to the leave and with the approval of management. Casual leave in excess of seven (7) working days shall be without pay or deducted from leave for the year.
11.3.2 On request, an employee may be granted proportionate leave out of his earned leave.
Maternity Leave
11.4.1 A woman worker on production of a medical certificate issued by a medical practitioner or a midwife is entitled to a maternity leave of 12 weeks with full pay.
11.4.2 The period of maternity leave may be extended for at least four (4) additional weeks on the recommendation of the attending medical doctor. Where the confinement of abnormal or where in the course of same confinement if two (2) or more babies are born.
11.4.3Absence from duty arising after confinement in excess of maximum period described in (11.5.2) above shall be regarded as absence on the grounds of ill-health. Article 10 section 4 of this Agreement shall apply subject to the necessary medical certificate being produced.
11.4.4 Under no circumstances should an employee on maternity leave be suspended or dismissed.
11.4.5 Upon resumption of duty, a nursing mother shall be granted two (2) hours off duty daily i.e one (l) hour each during the morning and afternoon session respectively for a period of nine months to enable her feed her baby.
1.5 Leave of Absence For Union Duties
11.5.1 An employee who is also a Trade Union Official, or who is a delegate to the Union’s activities necessitating leave of absence will be granted leave with pay not exceeding four (4 ) working days. Written notice of such leave stating the duration of leave will be given to the Company as far in advance as possible but in no event later than the day such leave is to become effective, cases of emergency shall be considered.
11.6 Interrupted Leave (Re-call)
11.6.1 Every employee shall enjoy an uninterrupted period of leave. However, the Company in cases of urgent necessity in accordance with the provisions of this Agreement may require an employee to interrupt his leave already commenced and return to work.
11.6.2 Where an employee is required by the Company to interrupt his leave in the circumstance specified in the immediately preceding paragraph he shall not forfeit his right to the remainder of his leave but shall take such leave any time thereafter.
11.6.3 Where an employee takes such leave at the end of a calendar year, the leave may continue except as provided for by paragraph one (1) of this Section without interruption into the following year.
11.6.4 Where the Company requires an employee to interrupt his annual leave in the circumstance stated in paragraph (1) of the section it shall make up to the employee any expenses incurred such as transport and meals by him on account of his interruption. He shall in addition be paid inconvenience allowance which is two times his/her monthly gross salary on pro-rata basis.
ARTICLE 12: EDUCATION AND TRAINING
12.1 Training within Industry
Parties to this Agreement acknowledge the importance of sound training schemes as one means by which efficiency can be increased and therefore recommend that the fullest opportunity be taken of in-service and external training scheme designed to improve the skills of employees. Pursuant to this, all employees shall be encouraged to take such special courses sponsored by the Company and on- the-job training, which will benefit employees. Details of any proposed training programme shall be made available to the union.
12.2 Training Course and Examination
12.2.1 Apart from its own arranged training course, the Company may consider partial or full reimbursement of the cost of tuition upon satisfactory proof of successful completion of a training course approved by the Company as appropriate to the industry. The Company shall determine which courses may be approved. Such courses shall not exceed 3 months.
12.2.2 The Company shall grant an employee paid leave to sit for an examination upon submission of the examination timetable by the employee.
12.2.3 Where local or external courses which will equip the employee for his present or likely future position are arranged by the Company, the Company will consider sponsoring selected employees who have served the Company for at least two (2) years on such course on full salary and all other expenses fully paid. Kit allowance of the prevailing Ghana Government rates shall be paid to a selected employee for external courses.
12.2.4 An employee sponsored on a course with salary shall be deemed bonded to serve the Company for a minimum period of two (2) years or in default reimburse the Company of the full cost of the sponsorship with interest at the prevailing bank rate at the time of sponsorship.
12.2.5 The company may grant study leave without pay to an employee who has made not less than three (3) years continuous service.
12.2.6 Where a study leave without pay is more than six (6) months, reintegration of the employee shall be subject to availability of vacancy in the Company.
12.3 Education Grant For Employee’s Children
The company shall pay each permanent employee with children attending school, a flat amount of three hundred and fifty Ghana cedis (GHC 350) as Educational Grant in January each year.
Educational Grant in January of each year.
ARTICLE 13: SHOP STEWARDS/LOCAL UNION OFFICIALS
13.1 The Company recognises the existence of Shop Stewards and Local Union Officials as official representatives of the Union in every employment and at every level of employment, provided these Shop Stewards and Local Union Officials are duly recognised by the Union.
13.2 Shop Stewards and Local Union Officials shall intercede in matters affecting the well-being of industry and labour during normal working hours. Shop Stewards and Local Union Officials shall be last to be laid off, all things being equal.
13.3 Transfer of Shop Stewards and Local Union Officials outside Accra and Tema would be done with the mutual consent of Management and the Union.
13.4 The Local Union shall furnish the Company with a completed list of Shop Stewards with a copy to the Union. The National Secretariat of the Union shall provide the Company with a list of Local Union Officials from time to time.
ARTICLE 14: MISCELLANEOUS ALLOWANCES
14.1 Tool Allowance
14.1.1 The Company shall supply to all employees the tools required to perform the work of their designated job classification.
14.1.2 Employees supplied with tools shall sign a relevant receipt and shall be responsible for their care and safekeeping. Tool lost or damaged through negligence of the employee shall be replaced by him or paid for in lieu thereof.
14.1.3 Employees requiring their tools to be replaced due to wear and tearshall produce the old ones.
14.2 Per Diem Allowance
14.2.1 An employee shall be entitled to per diem allowance of Seventy seven Ghana cedis (GHC 77) made up as follows, when required to leave his place of work to any other destination in Ghana on duty.
| Breakfast | GHC 7 |
| Lunch | GHC 10 |
| Dinner | GHC 10 |
| Accommodation | GHC 50. |
| Total | GHC 77 |
14.2.2Where an employee is required to perform official duties outside Ghana, he shall be entitled to an all-inclusive allowance and in addition an outfit allowance at the prevailing Government rate.
14.2.3 An employee shall be entitled to an Ovenight/Out-of.-Station lump sum of GHC 30 when required to leave his place of work to any other destination in Ghana on duty for more than one day.
14.4 Acting Allowance
14.4.1 When an employee is temporarily required to carry out the full duties of another employee in addition to his duties for a period of 21 working days, he shall be paid an acting allowance equivalent to 35% of his present basic salary for such time spent or pro-rata.
14.4.2No employee may be required to act in a vacant post continuously for a period exceeding six (6) months. At the end of the six (6) months, he may be made substantive holder of the post by promotion and given remuneration to the post.
14.4.3 The provision of sub-section (ii) above shall not apply to temporary Vacancies arising from study leave and similar events.
14.5 Transport Allowance
An employee shall be paid a transport allowance of per month.
14.6 Leave Allowance
An employee proceeding on annual leave shall be given a leave travelling allowance of 6% of his basic annual salary to meet travel and other expenses.
14.7 Lunch Allowance
An employee who attends custom examination at the harbour shall be paid lunch allowance of GHC 10 for each day of attendance.
14.8 Season’s Allowance
Season bonus may be paid to employees during the peak period of operations depending on performance in consultation with the Local Union.
14.9 Risk Allowance
GHc 25.00 across board
ARTICLE 15: GRIEVANCE, TRADE DISPUTE AND ARBITRATION
15.1 Grievance Procedure
All complaints or disputes concerning violation of, non-compliance with or the application of interpretation of this Agreement but not including any requested or proposed changes in this Agreement are herein referred to as grievance and shall be adjusted and settled as promptly as practicable through the following channels.
STEP 1
The employee claiming a grievance shall first discuss the grievance or request with his immediate departmental head or designated representative, who shall consider and dispose of it promptly. A grievance may be presented by aggrieved employee to the appropriate quarters within ten (10) workings days after its occurrence or may be deemed to have been waived after that.
STEP 2
Failing satisfactory adjustment of the grievance within two (2) working days, the employee and the Local Union or representative will 'then discuss the grievance with the Company’s Head of Human Resources or Management representative.
STEP 3
Failing satisfactory and reasonable adjustment, the grievance shall then be reduced into writing on appropriate standard terms within five (5) workings days after the discussion with the Company’s Human Resources Manager for settlement at the sub-committee level. The sub-committee shall endeavour to resolve the grievance within three (3) working days from the time the matter is referred to it.
STEP 4
Failing satisfactory adjustment in step 3, the National Union may within seven (7) working days refer the grievance in writing for discussion at the Standing Joint Negotiating Committee.
STEP 5.
Failing a satisfactory settlement in Step 4. the matter shall be referred to a mutually acceptable third party whose findings shall be binding. If a third-party cannot be agreed upon, the Company or the Union shall retain freedom or action by referring the matter to the National Labour Commission.
ARTICLE 16: DISCIPLINE ACTION AND PROCEDURES
Acts of misconduct, gross misconduct, gross negligence or incompetence may render an employee liable for disciplinary action.
16.1 Minor Misconduct
Minor misconduct includes but is not limited to:
a) Willful refusal to carry out the legitimate orders of a superior officer
b) Contravention of standing instructions
c) Insubordination
d) Dishonesty
e) Malingering
f) Tardiness
g) Absence from workwithout permission
h) Lateness to work
i) Use of company property without permission
j) Sleeping on duty
16.2 Sanctions for Minor Misconduct
The following sanctions shall be applied as appropriate in respect of cases of minor misconduct. The company may employ one or more of the following sanctions:
a) For a first minor offence - Oral Reprimand in the presence of a local union official/shop steward
b) For a second minor offence - Written Reprimand.
c) For a third minor offence or a more serious infraction - a final reprimand indicating that any further infraction will lead to any of the following sanctions:
d) Deferment of increment for a minimum period of six months but not more than twelve months.
e) Suspension with or without pay and other allowances, for a minimum period of two weeks (this shall be by mutual consent with the Union)
f) Surcharge
g) After twelve (12) months of good conduct from the date of any written reprimand to an employee, these reprimands shall cease to have any effect. The duration may be reduced further downwards taking into consideration the conduct and employment record of the employee concerned.
Gross Misconduct
Gross misconduct includes but not limited to a)Theft or Stealing
b) Willful acts likely to cause damage tocompany’s
•Property
•Business
•Good name and or
•Employee (s)
c) Misappropriation of company funds
d) Disclosure of confidential official information
e) Persistent Intoxication/Drunkennesson duty
f) False or fraudulent misrepresentation
g) Falsification of Company record
h) Serious acts of dishonesty
i) Fraud
j) Dereliction of duty
k) Abuse of the oath of secrecy
l) Forgery
m) Conviction for a criminal offence
n) Persistent absence from work without permission
o) Repetition of a minor misconduct for which anemployee has been warned and/ queried on more than two (2) occasions within the span of 12 months
p) Vacation of post -An employee who leaves his place of work or duty post for five (5) consecutive working days without authority or justifiable cause shall be deemed to have vacated the post. The appointment of the employee shall be terminated accordingly.
16.4 Sanction for Gross misconduct
The company shall in consultation with the union employ any of the following sanctions in cases for gross misconduct.
a) Suspension from duty with consequent loss of pay and allowances
b) Summary Dismissal
c) Dismissal
d) Demotion in grade/office/title with commensurate reduction in salary and benefits
16.5 Procedure for summary dismissal
When an employee is suspected to have committed gross misconduct which may warrant summary dismissal, the following procedures maybe applied:
16.5.1 Interdiction during Investigations
a) When an employee is suspected of having committed an offence that might justify summary dismissal, the company may suspend the employee from duty while investigations are being conducted.
b) The employee in question shall be given reasons for such suspension within seven (7) working days.
16.5.2 Investigations
a) Investigations aforementioned shall be carried out by a committee represented equally by Management and the Local Union with the Chairman appointed by Management.
b) Management shall serve a written notice to the Local Union to nominate two (2) representatives to serve on the committee.
c) The interdicted employee shall be given the opportunity to appear before the committee to defend himself. The interdicted employee may present a witness if one is available
d) The findings of the Committee shall be submitted to Management as soon as is practicable.
e) The decision of Management shall be forwarded to the union prior to any action being taken by Management.
f) The management must confirm any penalties
g) The employee in question shall be informed promptly of the final decision.
h) During the period of suspension, the employee shall be entitled to full salary for one (1) month thereafter if the suspension continues the employee shall be paid two thirds (2/3) of his monthly salary for three months. If the suspension continues, the employee shall be paid one half (1/2) of his / her monthly salary until the matter is finally disposed of.
i) If the employee is found not guilty of the offence, he/she be reinstated and paid full salary together with any accrued entitlement due to him or her and salary arrears from the period of the interdiction.
16.6 Report of findings
a) The Committee shall submit a Report of its findings and recommendations to the Standing Joint Negotiation Committee.
b) The Standing Joint Negotiation Committee. Shall take a decision as to what line of action the company shall take against the employee.
c)The employee shall be informed that if he/she is dissatisfied with the decision of the Standing Joint Negotiation Committee, he/she has the right to appeal
d)The employee has the right to appear before the Standing Joint Negotiating Committee in furtherance of his appeal.
16.6.1 Dismissal
a) Before an employee is dismissed he shall be told of the reason for his dismissal.
b) The employee shall be given notice in writing in the form of a query (or in such form as Management shall consider appropriate for the purpose) copied to the local union detailing the allegation of wrongdoing.
c) The employee in question will be given the opportunity to respond to the allegation.
d) If the response is unsatisfactory. Management may set up a disciplinary committee to investigate the allegations. The disciplinary committee shall conduct an investigation into the allegations against the employee
e) The employee shall be granted the opportunity to defend himself before the disciplinary committee of the company.
f) The disciplinary committee shall submit its report to management
g) Management shall submit its recommendations to the Standing Joint Negotiation Committee (SJNC)
h) The SJNC shall make a decision as to what line of action the company can take against the employee
i) The employee shall be informed that if he is dissatisfied with the decision he has the right of appeal to the SJNC.
j) The employee has the right to appear before the SJNC in furtherance of the appeal.
16.7 Alternative Penalties for Dismissal
Alternative penalties for any of the offences stated in this Article to be applied, depending on the circumstances and gravity of the offence are:
a) Termination of appointment
b) Reduction in rank, or
c) Suspension without pay for a stated period not exceeding four (4) Weeks.
ARTICLE 17: MISCELLANEOUS
17.1 Notice Boards/Local Union Offices
The Company shall provide notice boards placed conspicuously in the compound or other vantage point of the Company’s area of operation for the use of Local Union for the information of their members. The Company agrees to provide space within its premises for the use of the Local union.
17.3. Transport Facilities
The Company shall provide transportation facility to the employees who due to the nature of their work require transport to carry out their duties.
17.2 Funeral Benefits
In the case of death of an employee, the Company shall donate the sum of of Three Thousands Ghana Cedis (GhC 3000), two (2) bottles of Schnapps, two (2) bottles
of Local Gin, two (2) cartons Beer, a Shroud and one (1) crate of minerals to the bereaved family (i.e, wife and children or in their absence the designated next-of-kin) to assist in meeting funeral expenses. In addition, the Company shall provide suitable coffin and transport to convey the corpse and employees to the hometown of the deceased of the place of burial. The Company shall bear the cost of mortuary expenses for up to 10 days.
17.4.2 Any employee covered by this Agreement who dies normally or accidentally shall be entitled, in addition to other benefits under this Agreement, to earn proportionate leave and leave allowance which shall be paid to his next of kin.
17.4.3 Where an employee’s declared spouse dies, the company shall, donate, an amount of One Thousands Ghana Cedis (GHC 1000) to the employee as funeral grant.
17.4.4 Where the employee’s declared Father, mother or child dies, the Company shall donate an amount of Five Hundred Ghana Cedis (GHC 500) as funeral grant to the employee.
17.4.5 In all cases the company shall provide transport or transport allowance for employees to attend the funeral.
17.5 Annual Bonus
17.5.1In the effort to motivate employees and raise productivity permanent employees may be awarded annual bonus. The quantum and mode of award shall be discussed by the company and the Union.
17.5.2 The qualifying period for full award for permanent employees shall be 200 (two hundred) working days in a year. An employee who has not made less than 90 (ninety) days shall receive fifty percent (50%) of the award.
17.5.3 The Company shall inform the Union of the date of payment two (2) months prior to the end of the year.
17.6 Financial Assistance
The Company shall grant an employee financial assistance up to one (1) month salary. In special circumstances, the company may grant financial assistance up to 2 months of salary. The repayment would be spread over 12 months.
17.7 Renewal of Drivers License And Legal Assistance
17.7.1 Drivers, authorized testers within the Company and Mechanical Foremen employed by the Company shall have their licenses renewed from time to time by the Company.
17.7.2 The Company shall provide free legal assistance in the event of a court action being taken against a driver involved in an accident while driving company vehicle in the course of his duties. The Company may pay a fine imposed on the driver by the court and recover same over a period not exceeding twelve (12) months without prejudice to any disciplinary action the Company may take against the driver.
17.7.3 Legal Aid
The Company shall provide legal aid to employees when they commit “unintentional tort” in the course of their employment.
17.8 Resignation
17.8.1 One month written notice with a copy to the Union or a month salary in lieu of notice to be given by employee or by the company in case of resignation.
17.8.2 On resignation of employment, the employee shall be paid all entitlements due him under the provisions of this agreement.
17.9 Certificate of Service
On resignation or retirement of an employee from the service of the Company a Certificate of Service shall be awarded to him/her stating the period served, reference to his/her conduct, ability and loyalty to the Company.
17.10 Severance Pay
Severance pay shall apply where an employee's service is terminated as a result of a close-down, re-arrangement or amalgamation causing severance of the relationship of employee and Company and the employee becomes unemployed or suffers any diminution in his terms and conditions or employment.
17.11 Redundancy
17.11.1 Where for one reason or the other the Company is compelled to declare a number of employees redundant, the employer shall redeploy to meet the work requirement under the new conditions. In the event of any redundancy the company shall give the union not less than one (1) month notice in advance of final action being taken. This notice shall state the effective date of their redundancy and a list of names of employees to be affected, their grades and date of employment to be affected by the redundancy shall be given not less than two (2) calendar months notice of their termination or paid the equivalent of two months’ salary in lieu of notice.
17.11.2 The principle of ‘First in Last Out’ shall apply, all things being equal.
17.11.3 Should the Company find it necessary to fill vacancies in the particular groups within eighteen (18) months of discharging employees the company shall consider those declared redundant alongside new applicants, however taking cognizance of their previous record with the company.
17.12 Promotion
Based on staff appraisal report, the company shall endeavour to promote deserving employees to occupy responsible positions accompanied with the corresponding salary increase
17.13 Long Service Award
The Company shall grant long service award to serving permanent employee as follows:
| a) 5 years company service | 2 (Two) months salary and certificate of service. |
| b) 10 yearsCompany Service | 4 (four) months gross salary plus Standing Fridge and Certificate of Service |
| c) 15 yearsCompany Service | 5 (five) months gross salary plus 4ft Deep Freezer and Certificate of Service |
| d) 20 years of company service | 6 (six) months salary plus GHC 3000 |
Statutory Provision
The Statutory rights and obligation of the employees of the Company shall not be varied by Company rules or regulations.
17.14 Nomination of Beneficiary or Next-of -kin
Every employee shall give the Company at the time of his engagement and any alteration thereafter from time to time, the name and address of the nominee who he/she wishes to receive his/her entitlement due from the Company to his Estate. The Company will pay to the nominee any benefit or rights accrued to the deceased.
The onus of providing his identity to the reasonable satisfaction of the Company shall be on the nominee.
17.16 Retiring Age
17.16.1 Retirement of employees would be based on national pension schemes.
17.16.2 Once every year the company may organise a fitting send-off party for employees who have retired during the year.
17.16.3 Any employee leaving the Company either on voluntary or compulsory retirement shall receive all his entitlement under this Agreement.
17.16.4 An employee who wishes to retire from the service of the Company shall give the three (3) months notice with a copy to the Local Union.
17.17 Annual Report/Appraisal
Annual appraisals of each employee shall be made towards the end of the year. The employee shall read the full report and sign it. If the employee does not agree with the contents he shall write an explanatory note to be attached to the report.
17.18 Establishment List
The Company shall make available to the Union and the Local Union respectively, copies of the Establishment List of the Company and any subsequent additions or reviews.
17.19 Sale of Company’s Used Properties
The Company shall sell its used properties to the employees: management however having the first opportunity. Details of such sales shall be advertised internally with copies to the Local Union. Where there are no offers from the employees, the Company reserves the right to sell the properties to outside prospective buyers.
17.20 End - of-Service Benefit
An End of Service Benefit is adopted to take effect on 22nd December 2008. The employer would contribute 7% of employee’s gross salary to the fund while the employee contributes 5%.
17.20.1Benefits shall be applied as established in the AGS Frasers International Ghana Limited Employees Provident Fund Rules and Trust Deed.
17.20.2 The rates of contribution may be revised upon an agreement between the Company and the Union whenever deemed necessary.
17.20.3 In case of summary dismissal, the employee would be entitled only to his/her contribution to the ESB.
17.21 Special Award
Any employee who leaves the service of the company by reason of retirement, 111- health or death may be given a special award which shall be determined by the Company in consultation with Union. Beneficiaries must be employees of good conduct.
ARTICLE 18: ABSENCE FROM WORK
Item (i)
Any employee washing to leave his job during working hours shall seek permission from his head of department. The permission shall be in writing on the prescribed form if the absence is to extend beyond 30 minutes. An employee who fails to comply with this requirement shall either be given a warning or have equivalent of his pay for the period of absence deducted or both.
Item (ii)
Where sickness is the reason for absence, a medical certificate must be produced within a reasonable period but in no case should it exceed three (3) days.
Item (iii)
Where an employee absents himself from duty for five (5) continuous working days without written notice, he/she will be regarded as having vacated his/her post and his/her appointment terminated accordingly.
Item (iv)
Any employee who absents himself from duty and cannot give any satisfactory explanation will either be given a verbal warning or have the equivalent of his pay deducted for any period of his un-authorised absence
ARTICLE 19: SEPARABILITY
The provisions of this Agreement are deemed to be separable to the extent that if and when a Court of last resort adjudges any provision of this Agreement in its application between the Union and the Company to be in conflict with any law. such decision shall not affect the validity of the remaining provisions of this Agreement, but such remaining provisions shall continue in full force and effect; provided further that in the event any provision or provisions are so declared to be in conflict with a law, both parties shall meet immediately for the purpose of re-negotiation and agreement on the provision or provisions so invalidated
ARTICLE 20:STRIKES AND LOCKOUTS
In the event of Strike and Lock Outs the Labour Act 2003 (Act 651) would apply.
ARTICLE 21: AMENDMENT TO AND VALIDITY OF AGREEMENT
21.1 This Agreement shall become effective on 01 January 2014 and shall remain in full force and effect for a minimum period of two (2) years.
21.2 The provisions and terms of this Agreement shall cease to be effective should the Company’s contract with the Government of Ghana be terminated in the year or be varied resulting in a reduction in the Company’s income.
21.3 In the event of termination of contract by the Government of Ghana, provisions under 17.10 shall apply and in the event of variation of contract resulting in reduction in the company’s income, the company and the union shall re-negotiate a new Collective Agreement.
ARTICLE 22: OBLIGATIONS
22.1 All provisions and terms of this Agreement are hereby mutually agreed to be and
between AGS FRASERS INTERNATIONAL GHANA LIMITED and the MARITIME & DOCKWORKERS UNION and signed by the representatives of the parties hereto who have been duly authorized to execute the same on behalf of the Company and the Employees respectively.
222 The fulfillment of this agreement and that of any subsequent agreement entered 1into shall be fully observed by the Union and the Company and it is their duty to
ensure that all such agreements are carried out both in the letter and spirit of this Agreement.
IN WITNESS WHEREOF the Company and the Union have caused this Agreement to be executed by their duly authorized officers.
For and On Behalf.
of AGS FRASERS INTERNATIONALof
THIBAULT MALEZIEUX
(MANAGING\DIRECTOR)
For and On Behalf.
of THE MARITIME AND GHANA LIMITEDDOCKWORKERS UNION OF TUC.
DANIEL OWUSU KORANTENG
(GENERAL SECRETARY)
DATED: 06/08/2014
