MEMORANDUM OF AGREEMENT
Between
ST. CHRISTOPHER'S SCHOOLS
And
KENYA UNION OF DOMESTIC, HOTEL, EDUCATIONAL INSTITUTIONS, HOSPITALS AND ALLIED WORKERS
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 covered by the recognition Agreement and as provided for in the current Industrial Relations Charter.
2.PROBATIONARY PERIOD
The first three months of engagement shall be treated as the probationary period. During this period, employment may be terminable by either party giving 14 working days notice or pay in lieu.
3.WORKING HOURS
The normal working week shall consist of forty eight hours spread over six days of the week, provided that an employee who is required to work in excess of such hours shall be paid for overtime for the excess hours worked and provided also that a Watchman shall work 58 hours per week.
4.OVERTIME
For the time worked in excess of the normal number of hours of work in a week the following rates shall apply:
(a) Monday to Saturday One and half times for excess hours worked.
(b) Sundays and Gazetted public Holidays Double time for hours worked.
Such overtime must however be authorized by the Management.
5.ANNUAL PAID LEAVE
(a) After the completion of 12 months continuous service with the same employer, an employee shall be entitled to 26 working days Annual Leave with full pay. After the completion of 3 month service, an employee will be entitled to leave on a pro rata basis in case his/her services are terminated in the normal circumstances.
(b) In the event of Gazetted Public Holidays falling within the leave period, such public holidays shall be added to the leave entitlement.
(c) The date of an employee's leave shall normally fall due after completion of every 12 months service from his/her date of engagement but will be taken at the convenience of the employer.
(d) A member of staff who is prevented by illness from carrying out his/her normal duties shall be required to furnish the employer with a medical certificate duly issued by a recognised medical practitioner to this effect within 3(three) days of absence.
6.COMPASSIONATE LEAVE
Employees desiring to take leave on compassionate grounds shall, by prior arrangement with the school, be granted such leave with pay up to his earned leave entitlement under Clause 5 of this Agreement and the leave taken shall be subsequently set off against his/her Annual leave. An employee may in addition to the compassionate leave with pay taken as above, be granted further or extended compassionate leave of 5 days without pay in one year at the discretion of the school. Such leave will not be unreasonably withheld.
7. MATERNITY LEAVE
a) A woman employee shall be granted three months maternity leave with full pay provided that a woman who has taken three month's maternity leave shall not forfeit her Annual Leave in that year. A woman employee proceeding on maternity leave shall be entitled to leave travelling allowance as per paragraph 17 in this agreement. Employees will be entitled to this benefit on completion of the probationary period.
b) A female employee who takes maternity leave shall not loose her privileges after completion of such leave.
c) A male employee shall be entitled to two weeks paternity leave with full pay.
8. GAZETTED PUBLIC HOLIDAYS
An employee shall normally be granted leave with full pay on Gazetted Public Holidays, provided that an employee who is required to work on such holidays, shall be paid double for time worked as provided for by overtime clause 4 b.
9.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 30 days leave with full pay, and half pay for the next succeeding 15 days subject to the production of Medical Certificate to that effect, signed by a qualified medical or an aided Medical Centre. The employer reserves the right to request the employer's Medical Practitioner to re examine the employee in case the need arises. This benefit will be effective to employees who have completed their probationary period.
10.MEDICAL TREATMENT
The Medical Treatment Rules under the Employment Act 2007 shall apply. However, treatment will be restricted to government, Local authority Hospitals and Clinics.
11.TERMINATION OF EMPLOYMENT
After satisfactory completion of the probationary period, employment may be terminated by either party by giving notice or pay in lieu of as shown below:
(a) Employees with less than 3 years service 1 month notice or pay in lieu.
(b) Employees with between 3 years and 5 years service 2 months notice or pay in lieu.
(c) Employees with service of 5 years and above but less than 10 years 3 months notice or pay in lieu.
(d) Employee with 10 or more years service 4 months notice or pay in lieu.
12.WARNING SYSTEM
a) An employee who is guilty of an offense other than gross misconduct or other lawful cause of dismissal, may be given a written warning which shall be entered in the employee's employment record card 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/her employment record card and the two warnings shall remain valid for a period of 12 months from the date of the second warning. If, within 12 months period the employee commits further offence which does not warrant dismissal, he will be liable to summary dismissal for any other offence which he may commit thereafter. A final letter of warning will be issued and will remain valid for a period of 12 months from the date of issue. First and second warnings will be copied to the shopsteward. Final warning will be copied to the General Secretary. All warnings are subject to appeal by the employees to the employer within seven days of issue.
b) After the completion of 12 months without committing any offence, any warning letters in file shall be treated as invalid.
13.ACTING ALLOWANCE
Where an employee is required to work in full acting capacity for a period of not less than one month in an occupation or grade for which the basic minimum wage prescribed under clause 22 of this Agreement is higher than the basic wage normally entered by the employee, he shall be paid acting allowance at a rate not less than the difference between such higher basic minimum wages and his basic wage. Staff who are to act in higher grades are to be informed in writing by his/her immediate superiors before he/she commences his/her duties.
14.CERTIFICATE OF SERVICE
(i) 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 not less than four weeks consecutively, and every such 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; and
(f) Such other particulars as may be prescribed.
(ii) Subject to the sub section (i) of this Section the School is not bound to give any employee any testimonial reference or certificate relating to the character of an employee.
(iii) Any employer who wilfully or by neglect fails to give an employee a certificate of service in accordance with sub section (i) of this Section, or who in a certificate of service includes a statement which he knows to be false, shall be guilty of an offense.
15.PROTECTIVE CLOTHING
Protective clothing will be issued as follows:
(a) Men will be issued with two pairs of gumboots and 2 suits during the 2 years of the agreement. Each pair will be given in each year.
(b) Women cleaners will be issued with a pair of light gumboots and 2 aprons, each pair to be given in each year of the agreement.
(c) Watchmen will be provided with a kabuti, a whistle, torch with batteries and a simi or a spear.
However should a pair of uniform get torn in the cause of the period of the Collective Bargaining agreement it will be replaced once after the old one has been returned to the school. A bar of soap shall be provided for those who do not wash in the school using school facilities.
All uniforms remain the property of the employer at all times.
16.INJURY BY ACCIDENT
This will be treated in accordance with Work Injury Benefits Act, 2007.
17.LEAVE TRAVELLING ALLOWANCE
An employee travelling on Annual Leave shall be entitled to leave travelling allowance of Shs.3,000.00 per year.
18.REDUNDANCY
(a) Definition
For the purpose of this Agreement, redundancy shall mean loss of employment through no fault of the employee concerned, occasioned by re organization, mechanization, or lack of orders, or closure of the school. The Trade Disputes Act will be observed in its entirety.
(b) Alternative Employment
In an effort to avoid redundancy, the employer will endeavour to arrange suitable alternative employment with the institution. This employment may not be of the same grade. If the alternative employment is not acceptable to the employee concerned, he will be classified as redundant and therefore, eligible for the entitlements outlined in Section (d) in this Clause.
(c) Selection of Redundant Employees
In deciding which employees are to be declared redundant, the School will assess the relative merits, ability and reliability of the affected employees, but when these factors are equal the discharge will be on the basis of seniority. Membership or non membership of the Union will not be a deciding factor.
(d) Entitlement of Redundant Employees
In the event of an employee being declared redundant, he will 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 calculated up to the date on which he ceased to work.
(iii) Pro rata leave and leave allowance entitlement in accordance with the agreement.
(iv) Severance pay on the basis of 16 days pay for each completed year of service.
19.HOUSING ALLOWANCE
An employee of the School who is not provided with free accommodation by the Management shall receive house allowance of Kshs.3,500 per month.
20.LETTER OF APPOINTMENT
(a) A letter of appointment shall be issued to all the employees to which this Section refers at the time of engagement, in the form prescribed in Appendix 1/A hereto.
(b) Any employee of St. Christopher's Schools may at the discretion of the management be required to undergo medical examination by a registered medical Practitioner if the Management felt the need to do so.
(c) The registered medical practitioner will be of the Management's choice and the medical charges will be paid by the employer.
(d) On satisfactory completion of probationary period, the person engaged will be confirmed in his/her appointment.
21.EDUCATIONAL PAID LEAVE
Upon the request of the employee through the Union for educational training leave, the School will grant such employee unpaid leave to proceed to a recognized educational institution for training, provided that such leave does not exceed 5 days in each year. Such leave will be at the convenience of the management. The educational/training and leave should be agreed by the Manager or his/her recognized deputy and must be relevant to the needs of the school.
Educational Paid Leave shall be granted for training and not more than 5 days as long as it is relevant to the needs of the School and is in recognized educational institution and is one sponsored by the Union on matters dealing with Industrial Relations.
22.WAGE AND WAGES INCREASE
Basic Minimum Rates of pay exclusive of housing allowance shall be as follows;
Gradew.e.f 1/1/2012w.e.f. 1/5/2013
a) Gardener, Cleaners,
Day Watchman))7,590/=8,580/=
b) Assistant Cooks)7,590/=8,580/=
c) Cooks)8,195/=9,270/=
d) Night watchman)8,465/=9,575/=
e) Class/Lab Assistant)9,815/=11,105/=
f) Swimming Pool
Attendant)8,600/=9,725/=
g) Drivers:
i) Cars and light vans)10,240/=11,585/=
ii) Medium sized vehicles)12,880/=14,565/=
iii) Heavy commercial )
vehicles)17,120/=19,365/=
•A driver will however be expected to drive any type of school vehicle provided he has the required driving licence.
B General Wage increase
All unionisable employees who were in employment as at 31st December, 2011 will receive a wage increase based on their individual wages as under;-
1st year w.e.f.1/1/2012-10%
2nd year w.e.f.1/1/2013-10%
23.GRATUITY
An employee who resigns or whose services are terminated for reasons other than gross misconduct shall be entitled to gratuity as provided for the Employment Act, 2007.
24.EFFECTIVE DATE AND DURATION
This Agreement shall be effective from 1st January 2012 and shall remain in force for a period of two years. Thereafter any party wishing to amend it will give the other party two months written notice setting out in detail all amendments required.
SIGNED:FOR AND ON BEHALF OF KUDHEIHA WORKERS
...........................................................
ALBERT NJERU
SECRETARY GENERAL
.............................................................................
DOREEN J. NYASIOMWANGI GACHIENGU
FOR BRANCH SECRETARYSHOPSTEWARD
SIGNED:FOR AND ON BEHALF OF ST. CHRISTOPHER'S KINDERGARTEN & PREPARATORY SCHOOL
........................................................
(J. KAMAU)
FOR CHAIRMAN
.........................................................
(C. OHAGA)
MANAGER
WITNESSED BY:
....................................................
G. R. AMBUCHE
INDUSTRIAL RELATIONS OFFICER
FEDERATION OF KENYA EMPLOYERS
DATED THIS ..................... DAY OF ..................................2013
/jan
