MEMORANDUM OF AGREEMENT BETWEEN GOURMET MEAT PRODUCTS (HEREINAFTER CALLED THE “COMPANY”) OF THE FIRST PART AND KENYA UNION OF COMMERCIAL, FOOD AND ALLIED WORKERS (HEREINAFTER CALLED THE “UNION”) OF THE SECOND PART
TERMS AND CONDITIONS OF SERVICE
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 as covered by the Recognition Agreement and as provided for by current F.K.E/C.O.T.U (K) Agreement.
2. PROBATIONARY PERIOD
An employee shall be considered to be on probation for a period not exceeding three months from the date of engagement and during this period services will be terminable by 48 hours notice.
3. WORKING HOURS
The normal working week shall consist of 45 hours spread over six days of the week.
4. OVERTIME
(a) Normal working day – Time plus a half
(b) Rest days and gazetted Public Holidays – Double time
5. ANNUAL PAID LEAVE
(a) After the completion of 12 months continuous service with the company, an employee shall be entitled to 31 working days annual leave with full pay.
(b) In the event of Gazetted Public Holidays falling within the leave period these shall be added to leave.
(c) The date of an employee’s leave shall normally fall after the completion of every 12 months service at the convenience of the employer.
(d) Where employment is terminated after 2 or more completed months of service during any leave earning period, such employee shall be entitled to proportionate leave of 2.5 days for each completed month of service.
6. GAZETED PUBLIC HOLIDAYS
An employee shall normally be granted leave with pay on gazetted Public Holidays. Provided that an employee who is required to work on such holidays shall be paid at double the rate.
7. TERMINATION OF EMPLOYMENT
After the completion of the probationary period, employment may be terminated by either party as follows:-
(a) 1-5 years-1 month’s notice or pay in-lieu
(b) Over 5 years-2 month’s notice or pay in-lieu
(c) On cessation of employment in accordance to (a) and (b) above the employee shall be entitled to payment of gratuity as follows:
(i) For service between 1-5 years – 23 days for each completed year of service.
(ii) For service of between 5-10 years – 25 days for each completed year of service.
(iii) For service over 10 years – 29 days for each complete year of service.
8. INJURY BY ACCIDENT
An employee who is injured by accident arising out of and in the course of his employment shall be entitled to compensation in accordance with the provisions of the Work Injury Benefit Act, 2007 provided that such injury does not arise out of the employee’s own negligence.
9. REDUNDANCY
In the event of redundancy, the following principles shall apply:-
(a) The Union shall be informed by the employer the reasons for and the extent of the intended redundancy.
(b) The principle shall be adopted of “Last In, First Out” in the particular category of employees affected subject to all other factors being equal.
(c) The redundant employee will be entitled to the appropriate period of notice of pay in-lieu.
(d) Pro-rata leave shall be paid to the employee affected and any other remuneration that she/he is entitled to.
(e) The affected employee will be entitled to severance pay for every completed year of service as listed below:
(i) Service between 1-5 years-23 days
(ii) Service between 5-10 years-26 days
(iii) Service over 10 years-29 days
10. LEAVE TRAVELLING ALLOWANCE
An employee proceeding on annual leave shall be entitled to Kshs.5, 500/- leave travelling allowance.
11. SICK LEAVE
An employee who is unable to carry out his/her duty due to sickness shall be entitled, in any period of twelve months to 50days sick leave with full pay, and thereafter half pay for the next succeeding 50 days subject to the production of a certificate from registered medical practitioner.
12. SUMMARY DISMISSAL
The provisions of Section 44 of the Employment Act, 2007 will apply as follows:
Any of the following matters may amount to gross misconduct so as to justify the summary dismissal of an employee for lawful course but the enumeration of such matters shall not preclude an employer or an employee from respectively alleging or disputing whether the facts giving rise to the same or whether any other matters not mentioned in this section constitute justifiable or lawful grounds for the dismissal.
(a) If, without leave or other lawful cause can employee absents himself from the place proper and appointed for the performance of his work.
(b) If, during working hours, by becoming intoxicated, an employee renders himself unwilling or incapable properly to perform his work.
(c) If an employee wilfully neglects to perform any work which it was his duty to have performed or if he carelessly and improperly performs any work which form its nature it was his duty, under this contract to have performed carefully or properly.
(d) If an employee uses abusive language or behaves in a manner insulting to his employer or to a person placed in authority over him by his employer.
(e) If an employee knowingly fails or refuses to obey a lawful and proper commend which it was within the scope of his duty to obey, issued by his employer or a person placed in authority over him by his employer.
(f) If in the lawful exercise of any power of arrest given by or under any written law, an employee is arrested or a cognisable offence punishable by imprisonment as it not within fourteen (14) days either released on bail or bond or otherwise lawfully set at liberty.
(g) If an employee commits or on reasonable and sufficient grounds is suspected of having committed a criminal offence against or to the substantial detriment of his employer or his employer’s property.
13. UNIFORM
Every employee will be issued with two pairs of uniform and the company will be responsible for laundering of such uniform. Drivers will be issued with a pair of Kaunda Suit and a pair of shoes.
Each employee working in the cold rooms will in addition receive 2 warm T-Shirts per year which will be laundered by the employee.
14. WARNING SYTEM
(a) An employee who is guilty of an offence other than gross misconduct or other lawful cause of dismissal may be given a written warning which shall be noted on the employee’s employment record card and if, the employee commits a similar or any other offence which does not warrant a summary dismissal, he will be further warned in his employment record card. If the employee commits a further (third) offence, he will be issued with a summary dismissal letter, a copy of which will be sent to the General Secretary of the Union.
(b) Where an employee completes one hundred and forty six (146) working days from the date of the second warning without further misconduct any warnings entered in his employment record shall be cancelled.
15. MEDICAL TREATMENT
The Company undertakes to pay the cost of medical treatment provided that such illness is covered by the Employment Act, 2007. Such medical treatment shall be obtained from a Government Hospital.
16. HOUSE ALLOWANCE
An employee who is not provided with free housing accommodation by the company shall be entitled to a house allowance of Kshs.6, 500/- per month.
17. PAYSLIP
Every employee of the company will be given a payslip at the end of every month.
18. RETIREMENT BENEFITS
(a) The retirement age shall be 60 years to be proved with the National Identify Card.
(b) Employees who retire from the Company will be paid retirement benefits for each completed year of service as follows:-
(I) Service 1-5 years – 23 days
(II) Service 5-10 years – 25 days
(III) Over 10 years service – 29 days
19. MINIMUM WAGE
Category W.e.f. 1st July 2014
(a) 9,960
(b) 12,740
(c) 11,220
(d) 16,560
(e) 13,270
20. WAGE INCREASE
An employee whose salary is over the minimum wages set out above at clause 19 will get wage increase as follows:
(a) 1st July, 2014-12%
(b) 1st July, 2015-12%
21. CERTIFICATE OF SERVICE
(a) Every employee shall be given a certificate of service by the employer upon the termination of his employment unless such employment has continued for a period of less than four consecutive weeks.
Every certificate shall contain:-
(a) The name of the employer and his postal address;
(b) The name of the employee;
(c) The date when employment commenced;
(d) The nature and usual place of employment;
(e) The date when employment ceased.
22. SAFARI ALLOWANCE
Safari allowance shall be paid to employees who travel on employer’s business as follows:-
Breakfast- 200
Lunch- 250
Dinner- 300
Accommodation-1200
23. LETTER OF APPOINTMENT
The Company shall issue a letter of appointment to their employees.
24. FUNERAL EXPENSES
When an employee dies while on duty, the company shall provide coffin and transport his body including his belongings to his burial place.
25. MATERNITY LEAVE/PATERNITY LEAVE
The provisions of Section 29 of the Employment Act will apply as follows:
A woman employee shall be entitled to three months maternity leave with full pay:-
Provided that:
(I) A woman who has taken three months maternity leave shall not forfeit her annual leave in that year.
(II) Childbirth in respect to a woman employee shall not be deemed to be sickness and employer shall not be requested to meet medical costs incurred thereon.
(III) A female employee who takes maternity leave shall not be incurred any loss of privileges during such period.
(IV) A male employee shall be entitled to two weeks paternity leave with full pay.
26. ACTING ALLOWANCE
Where an employee is required to work for a period not less than 14 days in an occupation or grade for which the minimum wage prescribed is higher than the basic wage normally earned by the employee, he shall be paid an acting allowance at a rate not less than the difference between the higher basic minimum wage and his basic wage.
27. TRANSPORT
The Company undertakes to provide transport to staff at pick up and drop off points as shall be determined by the management. However those employees who cannot utilise the facility due to greater distances or detached locations will receive monetary assistance to help offset their transport costs.
28. LUNCH
The Company undertakes to provide lunches at its discretion.
29. EFFECTIVE DATE AND DURATION OF AGREEMENT
This Agreement shall be effective from 1st July 2014 and it shall remain in force for a period of 24 months. Thereafter the Agreement shall continue in force until it is amended. Provided that any party desiring to amend it shall give three months notice in writing of such amendment.
SIGNED: FOR AND ON BEHALF OF THE COMPANY
...............................................................................
S. SALLE
DIRECTOR
SIGNED: FOR AND ON BEHALF OF THE UNION
..........................................................................................
DAVID LUTTAH
FOR: SECRETARY GENERAL
WITNESSED BY:
.................................................................................
ANTHONY MBUTHIA PETER MUTESHI
CHIEF SHOPSTEWARD SECRETARY
IN THE PRESENCE OF:
................................................
DAN OMONDI
EXECUTIVE OFFICER – FKE
SIGNED IN NAIROBI THIS .......................... DAY OF ........................... 2014
