COLLECTIVE BARGAINING AGREEMENT BETWEEN NEOPLAN (GHANA) LIMITED AND THE INDUSTRIAL AND COMMERCIAL WORKERS' UNION OF GHANA
PROFESSIONAL AND MANAGERIAL STAFF UNION (P&MSU)
JANUARY 1, 2009
PART: I PREAMBLE
This AGREEMENT is made this lsl January 2009 between NEOPLAN (GHANA) LIMITED (hereinafter called the Company) and the INDUSTRIAL AND COMMERCIAL WORKERS UNION (ICU.) - GHANA (hereinafter called the Union) a Union certified as the appropriate representative to conduct with the Company under Section 96 of the Labour Act, 2003 (Act 651) Collective Bargaining, on all matters connected with the employment and/or non-employment or Terms and Conditions of employment on behalf of the class of the employees specified in the Collective Bargaining Certificate.
ARTICLE 1.1 - SUBJECT MATTER:
1. It is the intention of the parties hereto that this Agreement shall establish satisfactory relations between the parties and to promote their interest as well as that of the economy of Ghana.
2. This Agreement covers all members of the Professional and Managerial Staff of Neoplan (Ghana) Limited, whose job classification falls within the category of staff specified in this Agreement.
3. Any terms and conditions of employment and conditions of service negotiated shall also apply to officers who have left the service since the effective date of the Agreement except those dismissed summarily.
ARTICLE 1.2 - DURATION:
1. The duration of this Agreement shall be for a period of two (2) years, commencing
from 1st January 2009 to 3lst December 2010. Salaries and allowances shall however be reviewed annually.
2. After twenty (20) months from the effective date of this Agreement, either party shall give to the other, two (2) calendar months’ notice in writing, expressing its desire to continue for a further period to be agreed upon between the parties or intention to terminate the Agreement provided that in the absence of such notice, the Agreement shall continue to be in force till a new one is signed.
ARTICLE 1.3 -DEFINITIONS:
In this Agreement, unless the context specifically stipulates otherwise:
(a) “COMPANY” means Neoplan (Ghana) Limited.
(b) “MANAGEMENT” means the Managing Director and Heads of Department.
(c) “MANAGING DIRECTOR” means the head of the Company in charge of the day-to-day administration of the Company.
(d) “FAMILY” means Officer’s wife/husband and children not above eighteen (18) Years.
(d) “EMPLOYEE” means all staff of Neoplan (Ghana) Limited covered by this Agreement
PART: II CONDITIONS OF EMPLOYMENT:
ARTICLE 2.1 - LETTER OF APPOINTMENT:
1. The Company shall issue a Letter for Appointment to every newly engaged officer stating:-
a. Job Title.
b. Job Description
c. Department
d. Effective Date
e. Salary Point/Salary Scale
f. Probationary Period
2. The newly engaged employee who falls within the scope of this Agreement shall be given a copy of the Agreement and made to sign an appropriate portion of the appointment letter, indicating acceptance and return same within two (2) weeks to the Employer. The Company shall hold no employee liable for any breach of policies and regulations not made known to him/her.
ARTICLE 2.2 - PROBATION
1. Every employee who in the opinion of the Company is required to be on probation shall from engagement undergo a probationary period of three (3) months.
2. Subject to a satisfactory report on an officer’s conduct or professional competence at the end of such probationary period, he/she shall be confirmed.
3. The Management, acting in consultation with the Head of Department, may extend the probationary period of a member of staff for further period not exceeding three (3) months, if management considers it necessary.
4. Unless informed in writing to the contrary within one (1) week of completion of his/her probation, the employee shall be deemed to have been confirmed in the appointment.
5. During the said probationary period, the Company shall give the employee not less than one (1) month notice in writing of the Company’s intention to terminate the employment of the Employee or by the payment to the employee one (1) month salary in lieu of notice and may terminate the employment of the employee for unsatisfactory performance.
6 .Notwithstanding the above, Management may at its discretion reduce or waive the probation of an employee.
ARTICLE 2.3 - DOCUMENTATION
1. A newly engaged employee shall complete a personal record form that shall be submitted to the Company together with the acceptance letter and two (2) copies of recent passport size photographs.
2. The employee shall also complete a prescribed form indicating particulars of his/ her beneficiaries/next-of-kin. The particulars shall include name, address and relation of the person designated to receive from the Company any monies and any other benefits due the employee in case he/she loses his/her life.
3. The employee shall update these records as and when necessary.
ARTICLE 2.4 - APPRAISAL/PROMOTION
1. Employees shall be appraised yearly and the result discussed with them.
An employee not informed of his appraisal result a week to the deadline shall be deemed to have attained an excellent performance and his/her appraisal mark shall be the highest point as shall be determined by parties to this agreement. All pro¬motions and merit increase shall be subject to good performance evaluation and satisfactory conduct.
2. In cases where vacancies are to be filled in any affected Department, existing staff shall be given first consideration to fill such vacancies. The Company shall advertise such vacancies internally at least two (2) clear weeks before commencing interviews to fill such vacancies.
3. The promotion of members of Senior Staff/Officer shall be made by the Board on the recommendation of the Managing Director.
4.Promotions shall be made according to merit. In determining merit, account shall be taken of efficiency, qualifications, seniority, experience, sense of respon¬sibility, capacity for co-operation with others, initiative, attitude to work, general behaviour and powers of leadership where relevant.
5. The Company reserves the right to recruit from outside when in the opinion of Management, there were no suitable candidates from within to fill a vacancy.
ARTICLE 2.4 - WORKING HOURS
The standard working hours for basic pay shall not exceed eight (8) hours a day or forty (40) hours a week. Starting and finishing time shall be as follows:-
1.) 5 days a week - Monday to Friday Mornings - 7.30 a.m. to 12.00
noon Afternoon - 1.00 p.m. to 04.30 p.m.
Should it become necessary for the hours of work and or starting time to be altered, Management will consult the Union on such change(s).
2. INTERRUPTED WORK
Where an employee reports for duty but he is ordered to stop work by the employer or any person in the authority of the employer before the employee completes the day’s full hours work (due to no fault of the employee), he shall receive full pay for the day. If circumstances for stopping work are beyond the control of the Company, management should be allowed to consult the P&MSU to find mutually acceptable solution.
3. NIGHT SHIFT ALLOWANCE
An employee required to work between the hours of 10.00 p.m. and 6.00 a.m. shall be paid an allowance equal to 40% of his basic rate.
4. CALL-IN-ALLOWANCE
An employee called in from home to work outside his/her normal shift shall be entitled to GHc 100,000.00 call-in-allowance in addition to overtime and transport.
PART III: SALARIES AND ALLOWANCES
ARTICLE 3.1 - SALARY SCALES
The salary scales of employees attached as appendices to this Agreement are agreed upon in so far as they refer to members of the Union to whom the Agreement applies. The levels shall be reviewed annually.
ARTICLE 3.2 - RESPONSIBILITY/DUTY ALLOWANCE
1. Responsibility or duty allowances attached as appendices to this Agreement are agreed upon in so far as they refer to members of the Union to whom the Agreement applies. The levels shall be reviewed annually.
2. Any employee who at the request of his/her employer work in excess of the standard working hours either after having completed the normal work or rest day(s) shall be entitled to overtime pay at the following rates:-
Monday to Friday- .............. ............................Time and a half (1 and 1/2) x Basic hourly rate of the employee.
Saturdays, Sundays & Public holidays.- .......Double time (2x) Basic hourly rate of the employee.
3. Except at his own request, no employee should be given time off to off-set his over-time entitlement.
4. Overtime shall be payable for each hour worked in excess of the normal work per day. Periods less than half an hour but not below twenty (20) minutes shall be taken as half an hour.
5. Overtime payment for each employee shall be summarized on his/her pay slip.
6. When it becomes necessary for an overtime to be done as a result of operational exigencies, Management will consult the employee concerned or Union in which case the employee is expected to co-operate.
ARTICLE 3.3 - ANNUAL INCREMENTS
1. An employee shall draw salary of the grade to which he/she is appointed from the date of his appointment there to and subject to approved service the annual increment in his salary shall accrue on lst January each year by six percent (6%), provided that in the case of a new entrant he/she shall have been confirmed or served the Company for a period not less than one (1) year prior to the date of the increment.
2. An employee’s increment may be withheld for unsatisfactory performance or conduct. He/she shall however be informed in writing of his/her shortcomings and the number of months for which the increment would be withheld.
ARTICLE 3.4 - ACTING ALLOWANCE
1. Where an employee is required to perform the duties of a post in a higher grade continuously for a period of not less than one (1) month the employee shall be paid an acting allowance that would be the difference between the employee’s basic salary and the basic minimum salary of the grade the employee acted.
2. The employee so nominated to act shall be informed in writing.
3. An employee who is made to act in a vacant position for a continuous period of six (6)months shall be confirmed in that grade unless informed otherwise in writing one (1) month prior to the expiration of the period the employee acts.
ARTICLE 3.5 - CAR MAINTENANCE AND FUEL ALLOWANCE
1. Transport allowance of 025,000.00 per working day shall be paid to the employees who do not own a cars. For those who own cars which are used for daily journeys to and from work, mileage claims shall be paid to them at the following rates:-
Supervisor/Manager..............GHc 1,500.00 pkm.
2. All mileage claims for official duties apart from journeys to and from work shall be presented to the Management within three (3) days of commencement of the journey for approval and arrangement for settlement.
3. Transport allowance shall be increased whenever the Government increases transport fares. The percentage of increase by the Government shall be applied.
4.Car maintenance allowance shall be paid at the rate of GHc 450,000.00 per month for those employees who use their cars to and from work.
5. Where an employee’s car is off the road for more than one (1) month, he/she shall be paid transport allowance of GHc 25.000.00 per working day to and from work.
6. CAR LOAN shall be granted to all categories of employees, provided the Company’s financial position permits.
ARTICLE 3.6 - CLOTHING ALLOWANCE
1. Protective clothing will be provided by the Company to those who need them for the effective and safe performance of their duties.
ARTICLE 3.7 - OUT-OF-STATION ALLOWANCE
1. Out-of-station/transfer allowance as stated in this Agreement are agreed upon in so far as they refer to members of the Union to whom this Agreement applies.
2. An employee may be transferred to any of the departments of the Company and to serve in any part of the Company’s branch or area of operation as the Management may find necessary.
a. Permanent Transfer: Employees on permanent transfer will be entitled to a “Disturbance Allowance” or “Relocation Allowance”, the equivalent of three (3) months of basic salary.
b. Temporary Transfer: Where hotel bills are not presented but the Company provides accommodation, the employee is entitled to claim:
Managers......................GHc 250.0.00 per working day
Supervisors...................GHc 200.0.00 per working day
Such claims have to be approved and signed by the Managing Director.
ARTICLE 3.8 - ANNUAL BONUS
Depending on the Company’s performance during the year, an annual bonus shall be paid to employees at the end of December each year.
ARTICLE 3.9 - SCHOLARSHIP SCHEME
1. The Company shall award yearly scholarships to deserving wards of employees with five (5) years continuous service to enable such wards pursue further education in Government owned second-cycle institutions.
2. The number of scholarships to be awarded shall be two (2) in every year.
3. The scholarship shall cover the total bill of school fees and books.
ARTICLE 3.10 - PAY PAY
Monthly salaries/wages shall be paid to employees not later than 28th of every month through employee’s Bank Account if any.
PART IV : OTHER BENEFITS
ARTICLE 4.1 - TRAINING WITHIN INDUSTRY
1. The Company shall undertake to provide suitable training of an employee, where the training will enable the employee to secure competence in the performance of his/her duties in order to fit him/her for promotion within the Company.
2. Where an employee is required by the Company to take a course at a recognized educational institution that requires time off, the employee shall be granted such time off with pay and the Company shall bear the cost of such course.
3. An employee shall be eligible for study leave with pay to pursue any course relevant to the Company business subject to Company’s training programme.
4. An employee who is preparing for an examination approved by he Company shall be granted a maximum of ten (10) working days to prepare and also take the required number of days to enable him/her take such examination.
5. An employee on study leave shall be paid his/her full salary for the entire duration of the course.
6. Study leave without pay may be granted to an employee for a period not exceeding three (3) years.
ARTICLE 4.2 - ANNUAL LEAVE
1. Paid leave shall be granted to employees with one calendar year as follows:-
Thirty (30) working days plus two (2) days for travelling. For the calculation of Leave, Saturdays, Sundays and Public Holidays shall be excluded.
2. Leave shall be granted at the convenience of employee provided the exigencies of job permit. Where the exigencies of the service would not permit an employee to take his/her leave either in whole or part, leave days not taken should be added to the following year’s leave.
3. Before going on leave, the employee must leave his/her address with his/her Head of Department.
4. An employee may be required by the Company to interrupt his/her leave to discharge any duty or to take any course of instruction during his/her leave.
5. An employee called in from leave shall be entitled to a called-in-allowance as Follows:-
a. One to two (1 - 2) days - ......................daily mark/pay plus transportation.
b. Three to ten (3-10) days -................... 50% of monthly salary and
c. Two weeks and above- .......................100% of monthly salary.
6. Any number of days given as excuse duty or sick leave within the period of an employee’s leave shall also be added to the original leave
7. For convenience, a leave roster shall be prepared at the beginning of each year by the various departments indicating periods within which employees intend to take their annual leave.
8. At his/her own request, an employee proceeding on leave may be granted one (1) month’s salary advance, when funds are available, to be refunded in six (6) equal monthly installments after resumption of duly.
ARTICLE 4.3 - SICK LEAVE
1. Should an employee be absent on account of ill-health or injury, he/she shall have to inform the Company immediately and furnish the Company within three (3) days with a medical certificate from the Company’s retained Doctor or upon his advice from a recognized medical practitioner or Government Hospital. In this case, the employee shall be granted sick leave on the following basis:-
(a) Less than 3 years service -............. Full pay for 4 months and Half pay for 4 months
(b) 3 years service and above - ...........Full pay for 6 months and Half pay for 6 months
Thereafter, any amount to be paid on humanitarian basis shall be determined by the
Management in consultation with the Professional & Managerial Staff Union (P&MSU), according to the merits of he particular case.
c) If after exhausting the above sick leave entitlement the Company’s Doctor or upon his advice a recognized medical practitioners of the opinion that the employee cannot resume his normal duties, he/she may be retired on medical grounds.
(d) If there is a disagreement between the Company’s Doctor and the recognized Medical Practitioner on the issue, the matter shall be settled by a Medical Board arranged by the Management and the Union.
2. Industrial Accident:
a) An employee who is unable to present him/herself at work because of injuries arising out of, and in the course of his/her employment shall be granted full pay for the first twelve (12) months.
b) Thereafter, the provision of the Workmen’s Compensation Law in force at the time of injury, regarding payment of salaries shall apply.
c) Should an employee contract an industrial disease arising in the course of employment, the Company will treat this disease to the extent of its facilities and further if in the opinion of the Company’s Doctor consultation of and or Medical facilities outside the Company are required, the cost or the additional treatment shall be borne by the Company.
d) Incapacitated employees may be rehabilitated in accordance with Labour Act 2003 (Act 651) under Section 50 and Workmen’s Compensation Law.
ARTICLE 4.4 - MATERNITY LEAVE
1. Maternity leave with full pay shall be granted to a pregnant female employee on production of medical certificate signed by any of the Company’s Medical Officers or where circumstances demand a qualified registered midwife.
2. Subject to (1) above, the employee shall be eligible for maternity leave as follows:-
a. Twelve (12) weeks after confinement.
3. An employee returning from maternity leave shall be granted an opportunity to take one (1) hour off her work everyday to nurse her baby for 12 months.
ARTICLE 4.5 - COMPASSIONATE/CASUAL LEAVE
1. An employee may apply for compassionate/casual leave to enable him/her attend to urgent and important personal affairs such as bereavements. The onuses of prove of the need for such leave shall strictly be the responsibility of the employee.
2. The Company, being satisfied that the reasons were adequate and genuine for such Leave, may grant the employee leave with pay, which shall not normally exceed twelve (12) working days in any one year.
DISEMBARKATION LEAVE
The Company shall grant at least, five (5) working days leave to employees who return from abroad after a course of study lasting for a period not less than six (6) months to settle down before resuming duty.
ARTICLE 4.6 - LEGAL ASSISTANCE
An employee against whom legal proceedings are instituted for any offence committed in the course of the discharge of his/her normal official duties by any person or group of persons other than the Company shall be assisted in defending such legal proceedings provided that they are not criminal in nature.
ARTICLE 4.7 - MEDICAL ATTENTION
1. The Company shall provide free medical care for all its employees, their spouses (one spouse only) and eight (8) children below (18) years and not married at hospitals and clinics designated by the Company or any Government Hospital and Clinic.
2. Such medical care shall include hospital boarding and lodging charges, dental, optical, ENT and surgical services.
3. Emergency cases can be treated in any hospital other than the designated hospitals, bills for such treatment shall be submitted to the Company for reimbursement.
4. Upon recommendation of the Company’s Doctor or any Doctor in any Government Hospital or Clinic, an officer could receive treatment from a recognized member of the Ghana Traditional Healers’ Association and claim refund for expenses incurred.
5. All medical expenses incurred, including transport cost for an employee receiving treatment abroad upon recommendation shall be borne by the Company.
6. There shall be a periodic medical examination for all employees, at least, once a year at no cost to the employees, and the result of such examination shall be made known to the employee.
7. The Company shall pay the cost of the purchase of new lenses as well as replace¬ment of lenses bought on medical prescription for spectacles of employees.
8. Payment for optical lenses and frame and denture prescribed in this Agreement arc agreed upon in so far as they refer to the Union to whom the Agreement applies. The levels shall be reviewed annually.
9. The Company will also settle bills submitted by registered Medical Practitioner other than those retained by the Company only on the following conditions:-
i) When the employee is referred to the Doctor by the Company’s retained Doctor.
ii) If there is evidence that the circumstances did not permit the employee to see the Company’s retained Doctor or attend a Government Hospital or Clinic.
NOTE; The complete Article as above (Art. 4.7 from 1 to 9) was deferred until the National Health Insurance Scheme (NHIS) in view was finalised. Meanwhile, Section 23.1 and 23.2 of the Conditions of Senior Staff/Officers under review and as stated below continue to apply.
*23.1. Members of Senior Staff/Officers shall be provided with free medical attention under the Company’s medical scheme as follows:-
(a) The Company will pay the cost of medical and surgical examination and treatment, including the cost of drugs and hospital fees. In case of dental treatment, the Company will pay only for teeth extraction.
(b) The service of the Company’s retained Doctor will be used by all members of Senior Staff/Officers requiring medical attention. Where it is not possible to use the services of the Company’s retained Doctor, members of Senior/ Officers will attend a Government Hospital or Clinic per the advice of the Company’s retained Doctor.
(c) The Company will settle bills submitted by registered medical practitioners other than those retained by the Company only on the following conditions:-
i) When the Senior Staff/Officer is referred to the Doctor by the Company’s retained Doctor.
ii) If there is evidence that the circumstances did not permit the Senior Staff/Officer to see the Company’s retained Doctor or attend a Government Hospital or Clinic.
(d) i) In case of dental treatment, the Company will pay only for teeth extraction. The Company shall pay for optical treatment and cost of prescription of lenses. Unless it was an industrial accident or in the course of duty or on Management request, the Company will only pay for the lenses.
*23.2 The Company will settle bills in respect of medical attention given to the families of Senior Staff/Officers up to an amount not exceeding GHc 1,000,000.00 per year for each member of family. Wife and children below 18 years of age are to be considered as members of family. Maximum number of children is to eight (8).
ARTICLE 4.8 - OCCUPATIONAL HEALTH AND SAFETY
1. The Company shall continue to make reasonable a provision for the safety and health of its employees within its premises during working hours.
2. Protective devices and other equipment necessary to protect employees from industrial injury/disease will continue to be provided by the Company.
ARTICLE 4.9 - PROVIDENT FUND
The Company shall establish a Provident Fund to which the Company shall contribute 5% and the employees shall also contribute 10% of his/her salary. Heads of Legal Administration, Accounts Department, Audit, two (2) Union representatives shall constitute a Board of Trustees responsible for the day to day administration of the fund..
The staff is entitled to receive on application a loan of 2/3 of the total amount due to him/her in every two (2) years period for financial assistance. Such loan is refundable by the staff in a period of one (1) year, deductible at source from the staff monthly salary.
ARTICLE 4.10 - FUNERAL GRANTS, DEATH/BEREAVEMENT
In the event of the death of an employee, the Company shall bear part of the cost of the funeral expenses including provision of transport to convey staff and members of the bereaved family to the place of burial.
The following shall apply:-
1. Serving Employee:
a) In the event of the death of a serving employee the Company shall give to the deceased’s surviving spouse and children an amount of five (5) months gross salary, a coffin and customary drinks of two (2) bottles schnapps, three (3) cartons beer, three (3) crates of soft drinks.
b) In the event of the deceased family providing their own coffin, the Company shall reimburse the family an amount equivalent to One million Cedis (GHc 1,000,000.00).
2. Spouse/Child:
In the event of the death of serving employee’s spouse (certified to be as contained in the Company’s records), the Company shall grant three (3) months gross salary to defray part of his/her funeral cost.
3. Father/Mother:
In the case of the death of the father or mother of a serving employee, the Company shall grant the employee three (3) months gross salary to defray part of his/her funeral cost.
ARTICLE 4.11 - LONG SERVICE AWARD
Long Service Award shall be determined as follows:-
a) 5 years- ....................Four (4) months Gross Salary
b) 10 years-................. Six (6) months Gross Salary
c) 20 years-................. Eight (8) months Gross Salary
d) 25 years-................ Ten (10) months Gross Salary
e) 30 years-................ Twelve (12) months Gross Salary
f) 35 years-................. Fourteen (14) months Gross Salary
NOTE: From D to F - Deferred, (not in force)
ARTICLE 4.12- WELFARE: GENERAL LOANS/ASSISTANCE
The Company may grant loans or assist employees in distress provided funds are available. The amount would be decided from time to time depending on the circumstances for the loan. The Company shall in this regard, establish a Loans Fund, which shall be administered by Loans Committee of not less than five (5) officers in each case, one of whom shall be an executive member of the Local P&MSU. Such assistance, which shall fall under this article, shall include:
• Consumer Loan
• Personal Loan
• Housing Loan
• Car/Means of Transport Loan
• Rent Advance
The provisions of these loans in this Agreement are agreed upon in so far as they refer to members of the Union to whom the Agreement applies. The levels shall be reviewed annually.
PART V: DISCIPLINE AND GRIEVANCE PROCEDURE:
ARTICLE 5.1 - ABSENTEEISM
a. Every employee shall conform to and abide by these rules and regulations governing his employment with the Company and any standing instructions or directives issued by the Company from time to time. He/She shall also observe, comply with and obey all lawful orders and directives which may from time to time be given him by any person or persons under whose jurisdiction, superintendence or control, he may for the time being be placed.
b. No employee shall absent himself from duty without first obtaining permission from Management. Any employee who absent himself without permission shall be liable to disciplinary action being taken against him/her.
c. Any employee who is prevented from attending to his duties by illness or injury shall inform the Company immediately.
d. Any employee deemed to have abandoned his/her employment as above may appeal to the Management, and if Management are satisfied that unavoidable circum-stances prevented him/her from returning to duty or notifying his absence, Management may, at their discretion, reinstate him/her in the service
e. No employee shall absent him/herself from work without prior permission of the Employer. Any such absence without permission or reasonable cause for a period of ten (10) consecutive days shall be deemed as having vacated his/her post, and the Employer reserves the right to terminate his/her appointment on grounds of vacation of post.
ARTICLE 5.2 - QUERY/WARNING LETTERS:
Where an employee commits an offence, which does not merit summary dismissal, the employee shall be given a query to explain his/her action. If the explanation was unacceptable, he/she shall be warned in writing. After three (3) warning letters, any further offence leading to a fourth warning, within a period of twelve (12) months, could lead to the termination of appointment of the said employee alter being given one (1) month notice or cash in lieu. The relevance or effect of a warning letter ceases after a period of twelve (12) months.
ARTICLE 5.3 - SUMMARY DISMISSAL:
An employee may summarily be dismissed for certain gross misconduct. Such ground of dismissals among other includes:-
1. Accepting or offering bribes with a view to doing or obtaining favour.
2. Fraud/Stealing
3. Drinking alcohol whilst on duty
4. Fighting on Company premises
5. Willfully damaging Company property/disregard of legitimate instruction
6. Deliberately doing acts likely to endanger the lives or safety of other employees.
7. Conviction by a Court of competent jurisdiction for a criminal offence other than a misdemeanor.
8. Inefficiency, misconduct, neglect of duty and unauthorised disclosure of official Information
The power of summary dismissal of Supervisors vests in the Managing Director and the power of summary dismissal of Managers vests in the Board of Directors, acting on the advice of the Managing Director.
ARTICLE 5.4 - SUSPENSION
Where an employee commits an offence which merits either summary dismissal or termination of appointment, Management may temper justice with mercy and suspend the officer from the Company for a period of time, within which the employee shall not be paid any salary. Such suspension without pay shall not exceed two (2) weeks. Suspension could also be administered on an employee who commits an offence of a lesser degree than that which could merit termination of appointment or summary dismissal but for which the officer deserved commensurate punishment.
ARTICLE 5.5 - INTERDICTION
Where an employee is suspected of committing an offence which merits summary dismissal, but which cannot be proved at the time, he/she may be interdicted pending further investigation, and shall be entitled to half of his/her salary during the period. If at the end of the investigation the officer is proved not guilty, he/she shall be reinstated in his/her employment and be paid as if he/she had worked for the full period of the interdiction. Such period of interdiction shall not exceed one (1) month. However, where the case is under police investigation or with any Court of Law, the officer shall remain interdicted pending the outcome of the case.
PART: VI : TERMINAL/SEVERANCE BENEFITS
ARTICLE 6.1 - REDUNDANCY
1. Where for any reason the Company is compelled to declare any member of the Union redundant, the Company shall notify the Union not less than three (3) calendar months before the redundancy takes effect. Employees will be entitled to all outstanding leave.
2. All things being equal, the principle of “last in first out” shall apply.
3. Should the Company find it necessary to fill a vacancy in any particular grade within twelve (12) months of discharging an employee of similar grade on grounds of redundancy, it shall, when making their choice, give first consideration to the former employee.
4. Any employee who is covered by this Agreement shall be entitled to a Severance Pay on the following basis:-
If his/her services ceases on grounds of REDUNDANCY (due to closure of the Plant, reorganisation or amalgamation with another Company or on a change of ownership), five (5) months pay for each completed year of service.
ARTICLE 6.2 - RETIREMENT
1. Retiring age of all employees shall be in accordance with the prevailing laws of the Country. An employee retiring on grounds of proven ill health, the Company shall pay to cover fares within Ghana for the Officer and his/her family, and the cost of transporting his/her personal belongings from his/her station to his/her hometown.
2. The compulsory retiring age shall be sixty (60) years.
3. On reaching the compulsory retiring age, the Employer may consider an employee for further re-engagement on contract basis. Conditions of service should be negotiated before commencement of work.
4. The Company shall favourably consider an application for voluntary retirement at the age of fifty-five (55) years.
5. An employee retiring from the service of the Company shall receive all entitlements for which he/she qualifies at the date of retirement under his/her salary scale.
6. When a member of staff becomes mentally or physically unable to continue his/her employment, he/she may be considered as invalid and retired on medical grounds.
ARTICLE 6.3 - END-OF-SERVICE BENEFITS
On leaving the services of the Company on grounds other than summary dismissal, the Company shall pay an ESB of three (3) months salary for each year of service to the employee on exit.
NOTE: This Article as above (Art. 6.3) is deferred (not in force).
PART VII: INDUSTRIAL RELATIONS
ARTICLE 7.1 - LEAVE OF ABSENCE FOR UNION ACTIVITY
Any employee elected to a permanent office or as delegate to any Union activity necessitating leave of absence, shall be granted such leave with pay. Written notice for such leave, giving the duration of leave, shall be given to the Employer as far in advance as possible, but not later than the day prior to the day such leave is to take effect. The duration of such leave and its frequency in the year should be determined on the merits of individual cases.
ARTICLE 7.2 - NOTICE BOARD
The Company shall provide a Notice Board for the exclusive use of the Union.
ARTICLE 7.3 - RECORDINGS
No person or group of persons or an organization is permitted to film, photograph or audio tape conversation or activities of employees within Company premises without the consent and prior permission of Management.
ARTICLE 7.4 - PAYMENT OF UNION DUES
The Company undertakes to deduct, by check-off system, Union dues from employees’ salary payable to the National Union as may be directed.
ARTICLE 7.5 - RESPONSIBILITIES OF PARTIES
1. Nothing in this Agreement shall worsen the existing salary, terms and other condi tions of service of any employee.
2. This Agreement recognizes the right of the Company to exercise all the prerogative powers, authority and customary functions of Management and all matters pertaining to the conduct and governing of its business, provided, that the Company in its exercise of such rights does not violate the Agreement.
3. The Union shall have the right to exercise its functions as covered by this Agreement without hindrance, and shall conduct its business in conformity with the Company keeping with the recognized Trade Union principles and practices.
4. If the interpretation of any part of this Agreement is in dispute and the Standing Joint Negotiation Committee cannot resolve it, the item shall be treated in accordance with the appropriate section of the constitution of the Committee or the Labour Laws of the land.
Joint Negotiation Committee cannot resolve it, the item shall be treated in accordance with the appropriate section of the constitution of the Committee or the Labour Laws of the land.
Signed for and on behalf of Neoplan (Ghana) Limited
MANAGING DIRECTOR
IN THE PRESENCE OF
ADMINISTRATIVE MANAGER
Signed for and on behalf of the Union (ICU.)
E. SEFAKOR KWAMI
IN THE PRESENCE OF
PMSU CHAIRMTAN
