MEMORANDUM OF AGREEMENT: BETWEEN KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS AND ALLIED WORKERS (HEREINAFTER CALLED THE “UNION”) OF THE FIRST PART: AND PREMIER ACADEMY (HEREINAFTER CALLED THE “ACADEMY”) OF THE SECOND PART
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PREAMBLE
The terms and conditions of employment set out in this Agreement shall be observed by both parties, and shall apply to all members of the union covered by the Recognition Agreement and as may be provided for by the consent of the Premier Academy/Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied workers.
I – PROBATION, ENGAGEMENT AND APPOINTMENT:
(a) Probation:
All persons engaged by the Academy shall be on probation in the first instance. The probationary period shall not exceed three (3) months duration and during the currency of this term, the employment may be terminated by either party giving 7 days’ notice of termination in writing or pay in lieu.
(b) On completion of the probationary period, the employee shall be given two copies of the letter of appointment of which he/she will sign the original and return it to the Academy.
(c) At all times the employer reserves the right to require an employee to submit himself/herself to a medical examination, such examination to be at the expense of the employer.
2. WAGES:
Wage rate shall be as negotiated and agreed upon between the Union and the employer and shall be part of this Agreement. Provided always that the employer shall be at liberty to pay wages at higher rates at his sole discretion in cases of outstanding ability.
3. HOURS OF WORK:
All employees shall not work more than 45 hours spread over six (6) days in one week.
4. OVERTIME:
(a) Hours worked over and above those set out in clause 3 in any week shall be paid at the rate of one and a half times for hours worked on normal working day and double rate for hours worked on a rest day or gazetted Public Holiday, or be given equivalent days off.
(b) Overtime hours can be off set against off hours given during school holidays throughout the year.
5. HOUSING ALLOWANCE:
An employee who is not provided with housing accommodation by the Academy shall be entitled to a housing allowance of Kshs.6,900/= for the first year and Kshs.7,200/= for the second year.
6. WARNING:
An employee whose conduct is unsatisfactory and/or commits an offence which does not warrant instant dismissal, shall be warned in writing.
(a) The first warning shall be recorded in the employee’s file and copied to the Shopsteward. When no second has been given within a period of 12 months of the date of the first warning, then the first warning shall be cancelled.
(b) Where a second warning is given in writing, this will be copied to the Shopsteward and the Branch Secretary of the Union.
(c) If within this twelve (12) months period the employee commits a further offence, which does not warrant dismissal, he will be issued with a final warning letter. A final warning letter shall also be valid for a period of twelve (12) months from the date of issue. Copy of final warning letter shall be sent to the Shopsteward and the Branch Secretary of the Union.
(d) If an employee who has received three warnings commits another misconduct, he/she shall be liable to summary dismissal and the decision shall be conveyed to the Shopsteward and the Branch Secretary of the Union.
(e) If an employee completes twelve (12) consecutive months of service from the date of his/her last warning letter without any further warning letter, then any warning recorded on his/her file will be cancelled.
(f) All warnings given shall be subject to written appeal by the employee to the Management within seven (7) days of the date of the warning and the Management will within a further seven (7) days respond thereto.
7. TERMINATION OF EMPLOYMENT:
After completion of the probationary period, the following notice or pay in lieu by either party will apply:-
(a) For employees with up to 5 years service – two (2) months’ notice or pay in lieu.
(b) For employees with between 5 and 10 years service – three (3) months’ notice or pay in lieu.
(c) For employees with over 10 years service – four (4) months’ notice or pay in lieu.
Provided that nothing in this clause shall prejudice the right of either party to terminate the employment for lawful cause. Service gratuity shall be paid at the rate of 25 days basic salary per each completed year of service or pension whichever is higher. An employee whose services are terminated shall be paid benefits under gratuity clause or pension scheme whichever is higher but not both. Minimum period for the service gratuity (if applicable) is four years service or pension as per the Pension Scheme.
8. REDUNDANCY PROCEDURE
In the event of redundancy the following principles shall apply:-
(a) The Union shall be informed in writing of the intended redundancy, of the reasons for/and this information will be given to the Union as early as possible bearing all circumstances in mind.
(b) The redundant employees will be entitled to all accumulated leave up to the date of redundancy with pro-rata basis used for uncompleted year.
(c) Severance pay shall be at the rate of nineteen (21) days basic salary for each completed year of service.
(d) The principle shall be adopted of “LAST IN, FIRST OUT” in all particular categories of employees affected, subject to all other factors such as skill, merit, ability, reliability being equal.
(e) In the event of change of Management or ownership, the Management will encourage the new Management to take over the services of the employees or pay all the dues.
9. ANNUAL LEAVE:
On completion of twelve consecutive months of service employees shall be entitled to annual leave of 31 working days which will be taken with the consent of the employer and this leave will normally be during school holidays.
Subject to mutual agreement between the School and the employee in exceptional circumstances such annual leave shall be accumulated. Where employment is terminated after two months service the employee will be paid for leave on pro-rata basis.
10. LEAVE TRAVELLING ALLOWANCE:
An employee proceeding on annual leave will be entitled to leave traveling allowance of Kshs.5,500/= for the first year, and Kshs.5,600/= for the second year of the agreement.
11. MATERNITY LEAVE:
(a) (i) as per the employment Act 2007 – a female employee shall be entitled to three months maternity leave with full pay.
(ii) A female employee who takes maternity leave shall not incur any loss of privileges during such period.
(iii) A female employee taking maternity leave shall be paid her leave travelling allowance for that year, only if the annual leave has not been taken.
(b) (i) A male employee shall be entitled for a 2 weekly paternity leave upon his wife giving birth.
(ii) No allowance shall be provided incase of paternity leave.
12. SICK LEAVE:
(a) All employees shall be entitled to a maximum of thirty days sick leave with full pay and thereafter thirty days sick leave with half pay in each period of twelve months consecutive service.
(b) An employee shall not be entitled to such payments unless he/she produces to the Academy a certificate of incapacity covering the period of sick leave claimed duly signed by a qualified Medical Practitioner in charge of a dispensary or medical centre or in a private practice.
(c) The employers shall have a right to get an independent doctor to validate any medical report.
13. MEDICAL TREATMENT:
(a) All employees covered by this Agreement shall be provided with medical treatment as per provisions of Employment Act, 2007.
14. UNIFORM:
All employees shall be provided with one set of uniform per twelve consecutive months of service and Gardeners shall be supplied with gumboots.
(a) The uniforms will be worn and used during working hours only.
(b) Uniforms will remain the property of the Academy and the employer should provide 1 (one) bar of soap of each month for laundry purposes.
(c) Any loss or willful damage caused by an employee will be charged to the employee.
(d) Teachers assistants shall be provided with two pairs of trousers, two pairs of tops and two pairs of shoes per twelve consecutive months of service.
15. SUSPENSION:
The employer reserves the right to suspend the services of an employee on half-pay pending investigation by the Management into alleged offences. The suspension shall be without pay if the investigation into alleged offences is carried out by Police, Court of Law or other Statutory authority.
The employer shall inform the suspended employee in writing specifying the allegations made against him/her with copies to the Shopsteward and the Branch Secretary of the Union.
16. RETIREMENT:
(a)A male employee who has attained the age of 55 and a female employee who has attained the age of 50 may retire or be retired. The retired employee will be entitled to gratuity or pension whichever is higher but not both as per clause 7(c).
17. PUBLIC HOLIDAYS:
(a) Any gazetted Public Holiday shall be a holiday with full pay.
(b) Where an employee works on his/her rest day, he/she shall be paid at the rate of double the hourly rate calculated as at Clause 4(a) or 4(b).
(c) Where an employee works on a Public Holiday whether or not the day is his/her rest day, he/she shall be paid at the rate of double the hourly rate calculated at Clause 4(a) or 4(b).
18. COMPASSIONATE LEAVE:
(a) Upon application, an employee may be granted compassionate leave without any loss of benefits to deal with personal problems, such leave shall be subsequently set off against his/her annual leave for that year. Such compassionate leave shall not be unreasonably withheld by the Academy.
(b) If an employee absents himself/herself from duty except for illness or without the approval of the Academy, for a period exceeding six (6) working days, his/her services will be considered as having been terminated.
19. CERTIFICATE OF SERVICE:
(a) Every employee shall be given a certificate of service by his/her employer upon the termination of his/her employment unless such employment has continued for a period of less than four consecutive weeks, and every such certificate shall contain:-
(i) The name of the employer and his postal address.
(ii) The name of the employee.
(iii) The date when employment commenced.
(iv) The nature and usual place of employment
(v) The date when employment ceased, and
(vi) Such other particulars as may be prescribed.
(b) Subject to sub-section (a) of this section, no employer is bound to give to any employee any testimonial reference or certificate relating to the character or performance of an employee.
20. CHECK-OFF SYSTEM:
(a) Any employee of the Academy, other than the Management staff and teachers, is free to join or not to join the union at the employee’s sole discretion.
(b) Where an employee joins the union and gives written authority to the Academy through the union to deduct monthly from his/her earnings his/her union dues, the Academy shall make such deduction and pay over the amount to the union and COTU (K) as shall be agreed.
(c) Should any employee give written instruction to the Academy to cease deducting union dues from his/her earnings then such deduction shall cease forthwith.
21. MINIMUM WAGES PER MONTH (EXCLUSIVE OF HOUSING ALLOWANCE):
(a) 1ST YEAR
All employee (members) in service as at the effective date will receive a wage increase of 10% based on the individual’s basic salary as at 1st September, 2013.
(b) 2ND YEAR
All employees in service as at 1st September, 2014 will receive a wage increase of 9% based on the individual’s basic salary as at 1st September, 2014.
| GRADE | MINIMUM |
| GRADE I | Kshs.9,352.20/= |
| Cleaners | |
| Gardeners | |
| Photocopier | |
| GRADE 2 | |
| Carpenter | Kshs.12,409.65/= |
| GRADE 3 | |
| Storekeeper | Kshs.14,404.35/= |
| Lab. Assistant | Kshs.14,404.35/= |
| Driver | Kshs.21,107.85/= |
| Teachers Assistants | |
| Kshs.14,404.35/= | |
(c) All employees covered by this agreement shall be eligible for the General Wage Increments in (a) and (b) above on the following grounds:-
(i) Unionisable employees who enroll as Union members after the beginning date of this agreement shall not be eligible for the increment for the first year of this agreement but will be eligible for increment in the second year of this agreement.
(ii) Unionisable employees engaged or employed after the signing date of this agreement and do not enroll as Union members within one month after the probation period shall not qualify for increment for the second year of this agreement.
(iii) The conditions in (i) and (ii) above does not affect any other agreement signed between the parties before this agreement came to effect.
22. EFFECTIVE DATE AND DURATION:
This Agreement shall be effective from 1st September, 2010 and shall remain in force for a period of two years. After the expiry date the agreement shall continue in force until it is amended by mutual consent.
Any proposed amendments must be given in writing with a two months notice and such amendments will become effective only after mutual agreement in writing.
Upon the death of an employee, the employer shall provide Kshs. 36,000/- lump sum pay towards funeral expenses.
SIGNED FOR AND ON BEHALF OF PREMIER ACADEMY:
________________________
ADMINISTRATOR
SIGNED FOR AND ON BEHALF OF THE UNION:
__________________________________________________
SECRETARY GENERAL
KUDHEIHA WORKERS
INDUSTRIAL RELATIONS OFFICER
_________________________
Witnessed by:
CHAIRMAN – Works Committee
SIGNED FOR AND ON BEHALF OF THE FEDERATION OF KENYA EMPLOYERS
_________________________
MOSES OMBOKH
INDUSTRIAL RELATIONS OFFICER
DATED:_____________ DAY OF: _______________________ 2015.
