COLLECTIVE BARGAINING AGREEMENT BETWEEN WHITE ROSE DRYCLEANERS LIMITED AND THE KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS
1. PREAMBLE
The terms and conditions of employment set out in this Agreement shall be observed by both parties and shall apply to all unionisable employees covered by the parties' recognition agreement.
2. HOURS OF WORK
The normal working week shall consist of forty-five hours of work spread over six days of the week.
Provided that in the case of security personnel, the normal working week shall be sixty hours worked over six days of 10 hours work per day.
3. OVERTIME
Overtime shall be payable at the following rates:
(a) For the time worked in excess of the normal number of hours per week specified in Clause 2 of this Agreement at one and one-half times the normal hourly rate;
(b) For the time worked on the employees normal rest days (which may or may not be Sunday) and gazetted public holidays at twice the normal hourly rate.
For the purpose of calculating payment for overtime in accordance with sub-clause (a) of this clause, where the employee is not employed by the hour, the basic hourly rate in relation to any employee shall be taken as one hundred and ninety fifth of the basic monthly wage payable to the employee.
4. HOLIDAY WITH FULL PAY
The normal hours occurring on statutory holiday/s shall be treated as time off with full pay. An employee who works on such a day/s shall be paid overtime at twice the normal hourly rate or given equivalent time off on another day.
5. ANNUAL LEAVE
(a) After each period of twelve consecutive months service with an employer, an employee will be entitled to annual leave for a period covering 28 working days exclusive of Gazzeted Public Holidays, Sundays and rest days, with full pay.
(b) Where an employee's services are terminated after the completion of two months' continuous service with the employer, such employee shall be entitled to two days leave with full pay for every completed month of service.
6. LEAVE TRAVELLING ALLOWANCE
(a) An employee proceeding on annual leave after each period of 12 months consecutive service with the employer shall be entitled to leave traveling allowance of Kshs,2,600 for the duration of this agreement.
(b) An employee who leaves employment before completing a year shall be entitled to pro-rata leave traveling allowance.
(c) Where leave is accumulated, leave travelling allowance will also be accumulated.
7. SICK LEAVE
After completion of one months' service with an employer, an employee shall be entitled to sick leave up to a maximum of 60 days with full pay, and thereafter to sick leave for a maximum of 60 days with half pay, in each period of twelve months continuous service, subject to the employee producing a certificate of incapacity covering each period of sick leave claimed, signed by a medical practitioner or a person acting on his/her behalf in charge of a dispensary or medical aid center; Provided that an employee shall not be eligible for sick leave in respect of any incapacity due to gross neglect on his or her part.
8. MATERNITY/PATERNITY LEAVE
(a) A female employee shall be entitled to three months maternity leave with full pay.
Provided that:-
i. A female employee who has taken maternity leave shall not forfeit her annual leave in that year.
ii. Child-birth in respect of a female employee shall not be deemed to be sickness as provided for under clause 7 of this agreement and the employer shall not be required to meet medical costs incurred thereon.
iii. A female employee who takes maternity leave shall not incur any loss of privileges during such period.
(b) A male employee shall be entitled to 14 days paternity leave with full pay.
9. REDUNDANCY
(a) Definition
"Redundancy" means the loss of employment, occupation, job or career by involuntary means through no fault of an employee involving termination of employment at the initiative of the employer, where the services of an employee are superfluous and the practices commonly known as abolition of office, job or occupation and loss of employment.
(b) Alternative Employment:
In an effort to avoid redundancy, the Employer will endeavor to arrange suitable alternative employment within the company. This employment may not be of the same grade. If the alternative employment is not acceptable to the employee concerned he/she will be classified as redundant and, therefore, eligible for the entitlement outlined in sub-clause (f).
(c) Consultation:
The employer shall consult the Union and discuss with them the reasons for and the extent of the intended redundancy 35 days prior to notifying the workers affected.
(d) Selection of Redundant Employees:
In deciding which employees shall be declared redundant the employer will assess the relative merit, ability, skill seniority and reliability of the affected employees, but when these factors are equal the discharge will be on the basis of first in last out.
(e) Re-engagement:
Redundant employee will be given prior consideration for re-engagement by the company according to their qualifications should there arise a vacancy and they are also available.
(f) Entitlement of Redundant Employees:
In the event of an employee being declared redundant he/she shall be entitled to: -
(i) The normal notice or pay in lieu of notice as defined in the agreement;
(ii) Payment of wages, overtime and any other remuneration, which may be due to him/her calculated up to the date on which he/she ceases to work;
(iii) Pro-rata leave and leave allowance entitlement in accordance with the Agreement;
An employee declared redundant shall be entitled to 23 days pay for each completed year of service as severance pay.
10. ACTING ALLOWANCE
(a) Where an employee is required to work in full acting capacity for a period of not less than thirteen (13) consecutive days in an occupation or grade for which the basic minimum wage prescribed in the Wage Schedule of this Agreement is higher than the basic wage normally earned by the employee, he/she shall be paid an acting allowance at a rate not less than the difference between such higher basic minimum wage and his/her normal basic minimum wage.
(b) If an employee acts in a vacant post for 3 continuous months he/she shall be confirmed in writing.
11. TERMINATION OF EMPLOYMENT
(a) It shall be a condition in every contract, other than contracts for wages calculated in accordance with clause 13 of this Agreement, that such contract shall be terminable by either party by notices or pay in lieu as outlined hereunder:-
(i) Employees with up to 4 completed years of service — One Month's notice or pay in lieu thereof
(ii) Employees with 5 to 9 completed years of service — two months' notice or pay in lieu thereof.
(iii)Employees with 10 years service and above — three months notice or pay in lieu thereof.
(b) It shall be a condition in every contract that an employee who is provided with free housing accommodation by the employer and whose employment is about to be or has been terminated shall be entitled to remain in normal occupation of such housing accommodation:
(i) Until expiry of the period during which the employment continues under any notice of termination given by either party; or
(ii) Until expiry of the period represented by basic wages payable by the company in lieu of notice of termination; or
(iii) For a period not exceeding 12 days where the employee is dismissed summarily by the employer on grounds of gross misconduct as defined under clause 12 of this Agreement.
12. SUMMARY DISMISSAL
Any of the following matters may amount to gross misconduct so as to justify the summary dismissal of an employee for lawful cause, but the enumeration of such matters shall not preclude an employer or an employee from respectively alleging or disputing whether the factors giving rise to the same or whether any other matters not mentioned in this section constitute justifiable or lawful grounds for such dismissal:
(a) If, without leave or other lawful cause, an employee absents himself from the place proper and appointed for the performance of his work;
(b) If, during working hours, by becoming or being intoxicated, an employee renders himself unwilling or incapable to perform his work properly;
(c) If an employee willfully neglects to perform any work which it was his/her duty to have performed, or if he/she carelessly and improperly performs any work which from its nature it was his /her duty under his/her contract to have performed carefully and properly;
(d) If, an employee uses abusive or insulting language or behaves in a manner insulting to his/her employer or to any person placed in authority over him by his/her employer;
(e) If, an employee fails, or refuses to obey any lawful and proper command which it was within the scope of his/her duty to obey, issued by his/her employer or any person placed in authority over him by his employer;
(f) If, in the lawful exercise of any power of arrest given by under any written law, an employee is arrested for a cognizable offence punishable by imprisonment and is not within fourteen days either - released on bail or on bond or otherwise lawfully set at liberty;
(g) If, an employee commits, or on reasonable and sufficient grounds is suspected of having committed any criminal offence against or to the substantial detriment of his/her employer or his/her employer's property.
13. PROBATIONARY PERIOD
(i) The first three months may be treated as probationary period, and during such probationary period the contract may be terminable by either party by seven (7) days’ notice.
(i) Nothing in this paragraph shall prejudice the right of either party to terminate a contract summarily for lawful cause.
14. CASUAL LABOUR
Casual employees to be employed for a maximum period of 3 months and thereafter they will be on 3 months probationary period.
15. TERMINATION BY DEATH
In the event of death of an employee the management shall contribute Kshs.25,000 for the duration of the agreement towards funeral expenses of the deceased.
16. ACCUMULATION OF LEAVE
(a) Two year annual leave entitlement may be accumulated.
(b) An employee whose leave is deferred shall be informed in writing as soon as possible through the leave from which will also give an alternative date when the employee may proceed on leave.
17. COMPASSIONATE LEAVE
An employee desiring to take leave on compassionate grounds shall by prior arrangement with his/her employer, be granted such leave and such leave shall subsequently be set off against his/her annual leave.
An employee may in addition to such leave be granted ten (10) days compassionate leave without pay in any one year.
18. WARNING SYSTEM
An employee who is guilty of an offence other than gross misconduct or other lawful cause of dismissal may be given a written warning letter which shall be entered in the employee's employment record and shall remain valid for a period of 12 months from the date of issue. If, within the 12 months period the employee commits a similar or any other offence which does not warrant dismissal, he will be further warned in writing in his employment record card, and the two warning letters shall remain valid for a period of 12 months from the date of the second warning. If the employee commits a 3rd offence which does not warrant dismissal, he will be issued with a final letter of warning which will make him liable to summary dismissal for any other offence which he may commit thereafter. A final letter of warning will remain valid for a period of one year from the date of issue. All warning letters shall be copied to the shopsteward and the last shall also be copied to the Secretary General.
19. SAFARI ALLOWANCE
An employee whose employment does not provide for free accommodation and free meals while on safari shall be entitled to the following allowances:
Breakfast..........................Kshs. 245
Lunch..............................Kshs. 280
Supper (Dinner)............Kshs. 290
Accommodation............Kshs. 1,400
These allowances apply only to those employees of their principal area of employment on duty.
20. INJURY
In all cases involving injury sustained while an employee is on normal duty, the requirements of the Work Injury Benefits Act, 2007 shall apply.
21. CERTIFICATE OF SERVICE
Every employee shall be given a certificate of service by his employer upon termination of his employment, unless such employment has continued for a period of less than four consecutive weeks, and every such certificate shall contain:
(i) the name and address of the employer;
(ii) the name of the employee;
(iii) the date when employment commenced and ceased;
(iv) the nature and usual place of employment.
Provided that no employer shall be bound to give to any employee any testimonial reference or certificate relating to the character or performance of an employee.
22. TRANSFER AND DISTURBANCE ALLOWANCE
(a) An employee will be provided with free accommodation on transfer from one town to another for a period of one month and free transport for employee himself/herself, wife/husband and up to six (6) children. In addition he/she shall be given Kshs.1,700/- for the duration of this agreement.
(b) When an employee is being transferred from one station/department to another he/she shall be given instructions in writing.
23. MEDICAL TREATMENT
Employer will pay for medical treatment for his employees treated in any hospital or clinics, and on production of a certificate from a Registered Medical Practitioner provided that the cost of such medical treatment shall not exceed Kshs. 11,000/= for the 1st Year , 2nd Year 12,000/= and 3rd year Kshs. 13,000.
24. UNIFORMS/PROTECTIVE CLOTHING
An employee who is required to wear uniforms or overalls by nature of his/her work or in accordance with the provisions of the Occupational Safety and Health Act shall be issued with two pairs of uniforms/overalls as necessary free of charge by the employer. Such uniforms/overalls shall be replaced by the employer as soon as wear and tear makes this necessary. The employer will provide employees with washing materials for washing uniforms and overalls. The uniforms/overalls issued will remain the property of the employer.
25. SCHEDULE
PART II – BASIC MINIMUM WAGE RATES AND CONDITIIONS THERETO
(ii)Basic monthly Minimum Wage Rates (Exclusive of Housing C (i) Allowances.)
| Category of employees | w.e.f. 1-7-2014
Kshs. |
|
| A | Labourer, Shaker-out, Driver’s Mate, Messenger, Tea Maker, Folder | 9,980/= |
| B | Shopman, Hydro-extractor Operator, Wet Cleaner, Calendar Operator, Button Replacer | 10,764/= |
| C(i) | Laundry Ironer, Laundry Presser, van man, Checker, Boiler man, Bicycle Cyclist, Roller Attendant | 11,112/= |
| C(ii) | Laundry Washing Machine Operator | 11,285/= |
| D | Dry Cleaning Machine Operator, Dry Cleaning Ironer, Dry Cleaning Press Operator, Motor Cycle Rider, Watchman | 12,855/= |
| E | Driver (Light Van), Shop Assistant, Artisan’s Assistant ( Upgraded Artisan) | 13,402/= |
| F | Silk Spotter | 13,402/= |
| G | Telephone Operator, general clerk, storekeeper, Receptionist | 15,265/= |
| H | Driver (Medium sized vehicle), Artisan, TT grade III | 16,803/= |
| I | Dyer, Artisan (TT Grade II) | 18,529/= |
| J | Artisan TT Grade I, Cashier | 22,271/= |
(iii) GENERAL WAGE INCREASE
(i) Every employee in service as at 1st July 2104 will receive a wage increase of 10% on his/her actual basic wage earning on or prior to 1st July 2014.
(ii) Every employee in service as at 1st July 2015 will receive a wage increase of 10% on his/her actual basic wage earning on or prior to 1st July 2015.
(iii) Every employee in service as at 1st July 2016 will receive a wage increase of 10% on his/her actual basic wage earning on or prior to 1st July 2016.
26. HOUSING ALLOWANCE
An employee who is not provided with free housing accommodation by his employer shall be entitled, in addition to the basic minimum wage rate, to a housing allowance of Kshs. 3,400/= per month for the 1st Year, Kshs. 3,500 for the 2nd year and Kshs. 3,700/= for the 3rd Year.
27. PENSION SCHEME
The company shall facilitate the establishment of a pension scheme that shall be effected immediately the N.S.S.F Act of 2013 becomes operational and will be regulated by the Retirement Benefits Authority.
The Gratuity the employee has accrued shall be computed at the rate of 21 and 22 days for an employee who has worked for 5 years and 6 years and above respectively. The employees issued with a statement to show how much he is entitled to which shall be paid to the individual; employee at the time of separation including summary dismissal.
28. RETIREMENT AGE
The normal retirement age shall be sixty (60) years with the option of an earlier retirement to be initiated by either party from the age of 55 years. Either party shall give notice as provided for under Clause 11 of this CBA.
29. AGENCY FEE
Agency fee shall be effected in accordance with the Labour Relations Act, 2007.
30. DURATION OF AGREEMENT
This agreement shall be effective from 1st July 2014 and it shall remain in force for a period of not less than 36 months. Thereafter it shall remain in force until it is amended. Any party wishing to vary any clause shall give one month's notice in writing of such intention, setting out in detail all the amendments required.
SIGNED FOR AND ON BEHALF OF:
MANAGEMENT
...................................................................................
ABDULLAH SEIBAN JACK SHIHUNDU
OPERATIONS DIRECTORHUMAN RESOURCE MANAGER
SIGNED FOR AND ON BEHALF OF:
KENYA UNION OF COMMERCIAL, FOOD AND ALLIED WORKERS
.................................................................................
PETER NGUGI MOSES MWOLOLO
FOR SECRETARY GENERALCHIEF SHOPSTEWARD
WITNESSED BY:
................................... ....................
G. R AMBUCHE
INDUSTRIAL RELATIONS OFFICER
FEDERATION OF KENYA EMPLOYERS
SIGNED AT NAIROBI THIS ............................................. DAY OF ........................... 2014
/jan
PART III — DEFINITIONS In this schedule (Clause 24)
(i) "SHAKER OUT" Means an employee who us wholly or mainly engaged in preparing or shaking out articles of laundry into a suitable condition for calendar finishing.
(ii) "CALENDAR OPERATOR" means an employee who is wholly or mainly engaged in feeding or folding articles of laundry into or from a calendar.
(iii) "HYDRO EXTRACTOR" means an employee who is wholly or mainly engaged in the simple mechanical operation of hydro-extractor and loading thereof
(iv) "WET CLEANER" means an employee who is wholly or mainly engaged in washing articles by hand.
(v) "LAUNDRY WASHING MACHINE OPERATOR" means an employee who is wholly or mainly engaged in the simple mechanical operation of washing and/or the loading and unloading if a washing machine.
(vi) "LAUNDRY PRESSER" means an employee who is wholly or mainly engaged in the operation of a laundry press.
(vii) "LAUNDRY IRONER" means an employee who is wholly or mainly engaged in the ironing of articles of laundry by hand.
(viii) "BOILER-MAN" means an employee who is wholly or mainly engaged in attending to and operating steam-raising equipment.
(ix) "GARMENT REPAIRER" means an employee who is wholly or mainly engaged in the minor repairing and sewing of articles of laundry or dry cleaning.
(x) "ROUGH SPOTTER" means an employee who is wholly or mainly engaged in the removal of stains from articles other than those made of silk or synthetic fibres.
(xi) "DRY CLEANING PRESSER" means a person who is wholly or mainly engaged in the operation of a dry cleaning press.
(xii) "DRY CLEANING IRONER" means an employee who is wholly or mainly engaged in the ironing of dry cleaned articles by hand.
(xiii) "DRY CLEANING MACHINE OPERATOR" means an employee who is wholly or mainly engaged in the simple mechanical operation of a dry cleaning machine.
(xiv) "CLERK" means and employee engaged full-time in clerical and record work.
(xv) "DRIVER" means an adult employee whose duties, in addition to being in charge of a motor vehicle, may include several such other tasks as necessary for the collection or delivery services of a laundry or dry cleaning undertaking, including loading and unloading.
(xvi) "DRIVERS MATE" means an employee who is wholly or mainly engaged in assisting the driver in such tasks as are necessary for the collection or delivery services of laundry or dry cleaning undertaking, including loading, unloading and simple counting of pieces.
(xvii) "FOLDER" means an employee who is wholly or mainly engaged in
folding and stacking items of clothing, towels or any other finished articles.
(xiii) "BUTTON REPLACER" means an employee who is wholly or mainly engaged in the simple function of replacing the button or tacking cuffs of wearing apparel.
(xix) "MARKING MACHINE OPERATOR" means an employee who is wholly or mainly engaged in the simple operations necessary for affixing marks to items of laundry or dry cleaning and the counting of such articles or bundles.
(xx) "TELEPHONE OPERATOR" means an employee who is wholly or mainly engaged in the functions necessary for the efficient operation of telephone switchboard and keeping of such records necessary for the recording of all telephone calls.
(xxi). "CASHIER"means an employee who keeps records of cash transactions, receiving incoming cash, issuing change, cashing cheques and preparing cash for bank deposit, verifying of cash held against the records which are subject to audit and salary payments and in addition, handling of customers' clothes at the counter.
