MEMORANDUM OF AGREEMENT BETWEEN OL PEJETA RANCHING LIMITED AND KENYA GAME HUNTING AND SAFARI WORKERS' UNION
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IN THE MATTER OF WAGES AND OTHER CONDITIONS OF SERVICE
THE COMPANY AND THE UNION MEETING TOGETHER IN FREE HEART AND VOLUNTARY ASSOCIATION AGREE AND ENTER INTO THE FORE GOING COMMON AGREEMENT NEGOTIATED BETWEEN THEM AT THE JOINT NEGOTIATING COMMITTEE.
PREAMBLE:
i) WHEREAS by terms of Recognition the Employer and the Union agree that the Employer has recognized the Union as a properly constituted body and the sole labour organization representing the interests of the employees of Ol Pejeta Ranching Ltd.
ii) WHEREAS the Employer and the Union wish to enter into a Collective Bargaining Agreement to cover employees of Ol Pejeta Ranching Ltd. And provided that such Collective Bargaining Agreement conforms to the letter and spirit of the terms of Recognition between the Employer and the Union.
iii) WHEREAS the Employer and the Union, meeting together in free heart and voluntary association enter into this common Agreement in the matters of minimum wages, terms and conditions of service for employees of Ol Pejeta Ranching Ltd.
iv) WHEREAS the terms and conditions set out in this Agreement shall be effective to all unionisable employees except those defined as managerial, supervisory, confidential, and/or all non-unionisable staff as defined in the Industrial relations charter or as agreed between FKE and COTU.
v) NOW THEREFORE, the Employer and the Union having successfully concluded negotiations at their joint negotiating meetings agree as stated hereunder:-
1. BASIC MINIMUM WAGES
| Grade | Min |
| 1A | 6,000.00 |
| 1B | 6,600.00 |
| 1C | 7,900.00 |
| 2A | 14,600.00 |
| 2B | 16,100.00 |
2. GENERAL WAGE INCREASE
All employees who will have been in the employ of the Company on the effective date of the CBA shall receive wages increase as follows;
1.10% for the 1st and 10% for the 2nd year of the CBA respectively
3. HOUSE ALLOWANCE
All employees who are not provided with houses by the company shall be provided with a House Allowance of KShs.2, 500/= per month.
4. HOURS OF WORK
a) The normal working week for employees shall be 45 hours to be spread over not more than 6 days of the week except for Herdsmen and Night guards which shall be 60 hours per week.
b) An employee who is stopped from working by his/her employer for any reason other than the termination of his/her employment or dismissal shall be deemed to have worked as if stoppage had not occurred and be paid in full notwithstanding the fact that the stoppage was occasioned by a breakdown of the plant or inclement weather conditions and the employer will deploy such employee in other duties related but not confined to their line of work as will be determined by the management in agreement with the employee.
c) For notified/scheduled interruption of work, the employee shall compensate for the hours interrupted at any time to be agreed upon between the employee and the employer.
5. OVERTIME
Overtime shall be paid as follows:-
(a) For hours worked in excess of the normal number of hours per week, as specified in clause 4, time worked plus a half.
(b) For hours worked on Gazetted Public Holidays or an employee's normal Rest Day - double time.
6. ANNUAL LEAVE:
After the completion of each period of twelve months service with the company, an employee shall be entitled to annual leave with full pay, which will be given at a time convenient to the management and in accordance with length of service as follows:-
(1) 1 year to 3 years service------------------23 working days
4 years to 10 years service--------------------26 working days
11 years service and above---------------------31 working days
(2) Where the contract is terminated before the completion of twelve months service the employee shall be entitled to pro rata leave as defined by Employment Act.
(3) Where the employee is requested to work by the employer, such leave shall be paid for in cash.
7. LEAVE TRAVELLING ALLOWANCE
After each completed year of service with the company, an employee proceeding on annual leave shall be entitled to leave travelling allowance of Kshs.4, 250/=.
8. COMPASSIONATE LEAVE
a) An employee desirous of taking leave on Compassionate grounds shall by prior arrangements with the employer be granted such leave up to his annual leave entitlement and the same be offset against his/her annual leave.
b) An employee may in addition be granted 8 days compassionate leave without pay in any one year.
9. SICK LEAVE
After the probationary period and in every twelve months earning period, an employees shall be entitled to sick leave with full pay up to a maximum of Thirty five days (35) and thereafter to sick leave with half pay to maximum of Forty (40) days. Such leave shall be supported and recommended by a certified medical practitioner.
10. MATERNITY LEAVE
(a) A woman employee shall be entitled to three months maternity Leave with full pay:-
Provided that a woman who has taken three months maternity leave shall not forfeit her annual leave in that year.
(b) Child birth in respect of female employee shall not be deemed to be sickness.
(c) A female employee who has taken maternity leave shall not incur any loss of privileges during such period.
Paternity Leave
Male employees will be entitled to two (2) weeks paternity leave. Relevant support documents of fatherhood will be required for such leave to be approved.
11. MEDICAL TREATMENT
(a) An employee requiring medical attention shall be treated at the company's dispensary and at the company's expense. Treatment given to an employee at a government hospital shall be paid for by the company up to the approved individual medical cost limit of Kshs. 6,000/= per annum.
(b) Should any employee fall sick while away from the company and in case there is no company's doctor available, he / she shall be treated by a qualified medical practitioner subject to production of relevant receipts to the company in support of the request for refund of the expenses incurred.
The wife and children of employees may be treated at the company dispensary at no expense.
(c) The annual cost medical limit of Kshs. 6,000.00 will be extended to dependants of the employee in line with the agreed protocols annex (1).
12. INJURY ON DUTY
Injuries suffered in the course of employment or occupational diseases, shall be dealt with in accordance with the provisions of the Work Injury Benefits Act 2007.
13. DEATH OF EMPLOYEE
Where an employee dies either in the course of his work, or due to illness while in the company, the company shall provide a coffin worth Kshs. 8,000.00 for the deceased employee and transport the body to the place of burial. Employees are encouraged to join the benevolent scheme to be able to get support in times of bereavement. The company may also support transportation of not more than 25 employees from the company to attend the burial. The company will also settle mortuary fees for a maximum period of five (5) days.
14. SAFARI ALLOWANCE
An employee travelling away from his/her normal place of work shall be provided with allowance as follows:
Lunch (maximum within Nanyuki and other towns) --------------------------------200/-
Lunch (Nairobi only)----------------------------------------------------------------------------------- 320/-
Overnight accommodation (dinner, bed & breakfast & lunch)---------------2,000/=
The above allowances will become applicable to any employee who undertakes duties outside the perimeter borders of the Ol Pejeta Ranching Ltd
15. ACTING ALLOWANCE
Where an employee is required to work in full capacity for a period of more than 10 days and if the wage of the employee who is required to act is lower than the minimum wage of the category in which he is acting, then the acting employee will be paid the difference between his wages and that of the employee for which he is acting.
16. PROBATIONARY PERIOD
(a) All employees to be appointed on permanent terms shall be on probation for a period of two months.
(b) During the probationary period, employment shall be terminable by either party by seven days notice in writing or payment of wage in lieu of such notice.
17. TERMINATION OF EMPLOYMENT
After the completion of probationary period and in the normal circumstances it shall
be a condition that employment shall be terminated by either party as follows.
(i) Employees with 1-5 years service -30 days notice or pay in lieu
(ii) Employees with 6-10 years service -45 days notice or pay in lieu
iii) Employees with 11 years service and above - 2 months' notice or pay in lieu.
Provided that:-
Nothing shall prejudice the right of either party to terminate a contract summarily for lawful cause in accordance with clause 19 of this agreement.
18. WARNING PROCEDURE:
An employee whose work or conduct is unsatisfactory or who otherwise commits a misconduct which in the opinion of the employer, does not warrant instant dismissal shall be warned in writing and the following procedure shall apply.
a) The first and second warnings shall be entered in the employee's employment record and the shop steward of his Union shall be informed accordingly.
b) The second warning shall be copied to the Branch Secretary of his Union.
c) If an employee who has already received two warnings commits a third misconduct he shall be liable to summary dismissal.
d)Provided that where an employee completes two hundred and ninety two working days (292) from the date of the warning without further misconduct, such warning entered in his employment record shall be deemed to be expired.
e) If an employee refuses to accept a warning letter, the shop steward will be called to witness. If the employee still refuses to accept in the presence of the shop steward, this shall be treated as a serious offence and he/she shall be liable to disciplinary action in accordance with clause 19 of this agreement.
f) An employee served with a warning shall have right of appeal to the Employer within two (2) days from the receipt of the warning and the employer will address the appeal within 5 days as well.
19.DISMISSAL
Dismissal of an employee shall be as outlined in Section 35 of the Employment Act 2007.
20.REDUNDANCY
(a) In the event of redundancy, the company shall inform the Union of the reasons for and the extent of the intended redundancy.
(b) The principle of last in, first out" shall be followed in the particular category of employees affected subject to all other factors, such as skill, relative merit, ability and reliability being equal.
(c) The redundant employee shall be entitled to the appropriate period of notice or pay in lieu.
(d) The redundant employee shall qualify severance at the rate of 22 days pay for every completed year of service.
21. PROMOTIONS
Where vacancies and employment positions arise within the company, consideration and preference will be given to existing staff for promotion into such positions based on the following:-
(1) Experience
(2) Qualification
(3) Ability
(4) Length of service.
22. UNIFORM
An employee who is required to wear uniform by company shall be provided with the following:
•Two pairs of Uniform at any one time,
•Appropriate personal protective equipment including boots and cold coats when working at night.
•One bar of soap per month for cleaning the uniforms and PPE.
23. CERTIFICATE OF SERVICE:
All employees leaving employment shall be issued with a certificate of service in accordance with the Employment Act 2007.
24. RETIREMENT
The official retirement age shall be 60 years. A retiring employee will be entitled to retirement benefits/gratuity of 24 days pay for each completed year of service.
25. GRATUITY
All employees in case of termination or resignation shall be paid gratuity of 20 days pay for every completed year of service. Employees dismissed on account of gross misconduct shall not be paid gratuity.
26. FIREARM ALLOWANCE
An allowance of Kshs.1, 200/= will be paid every month to any employee handling a
Firearm as part of his working equipment.
27. OFF DUTIES
Employees on off days will be provided with transport by the company. An employee going on Annual Leave will be provided with transport from the company premises to town where he will take a vehicle to his home.
28. LONG SERVICE WAGE INCREASE
The parties agreed that an employee with 10 years or more should receive Kshs. 500/- per month for long service rendered.
29. SHOPSTEWARDS REPRESENTATION
All sections/units where workers committee are formed/created for purposes of addressing and dealing with work related issues will have representation from the shopstewards committee.
30. IMPLEMENTATION AND DURATION
This agreement shall become effective from 1st January, 2013 and shall thereafter remain in force for a period of two years upto 31st December 2014. After the expiry date, the agreement shall continue in force until it is amended by the parties in agreement.
SIGNED:FOR AND ON BEHALF OF OL PEJETA RANCHING LTD.
..........................…………
RICHARD VIGNE
CHIEF EXECUTIVE OFFICER
…..…………………………………..
APOLLO N. KIARII
HUMAN RESOURCES MANAGER
SIGNED: FOR AND ON BEHALF OF KENYA GAME, HUNTING AND SAFARI WORKERS UNION
.................................
J.M. NDOLO
GENERAL SECRETARY
...............................
STEPHEN MUKUNDI
CHIEF SHOPSTEWARD
…………..……………………………..
GICHINGA MBURU
ORGANISING SECRETARY
MOSES WAMAE
SHOPSTEWARD
IN THE PRESENCE OF:
...........................
ABISAI O. AMBENGE
SENIOR EXECUTIVE OFFICER - F.K.E.
Signed at Nairobi this ............ day of ..................................................2013
