MEMORANDUM OF AGREEMENT BETWEEN WIDE GARMENTS KENYA (EPZ) LIMITED AND TAILORS AND TEXTILE WORKERS5 UNION
IN THE MATTER OF WAGES, SALARIES AND OTHER CONDITIONS OF SERVICE AT THE COMPANY
1. PREAMBLE
WHEREAS by terms of the Recognition and Negotiating Procedure Agreement signed between the employer and the Union it was agreed that the employer has recognizes me Union as a properly constituted body and soie Labour organization reorienting the interests of the employees of the Company.
AND WHEREAS it was agreed that the rates of wages; salaries and general terms and conditions of employment be paid and provided to employees by the Employer shall be as negotiated and agreed between the two parties that is the Employer and the Union.
Therefore, the « Employer and the Union meeting together in a free heart and voluntary association agree to enter into agreement as stated hereunder in the matters of Terms and Conditions of service negotiated between them at the joint Negotiating Committee.
2. APPLICATION
This agreement shall apply to all unionisable employees of the Employer named in the Memorandum of Agreement and who are paid up members out shall exclude employees defined in the Industrial Relations Charter Appendix "C".
ii. This Collective Bargaining Agreement will benefit only Union members and those who are not union members have to pay agency fee as per section 49 of the Labour Relations Act, 2007 in order to benefit from this Collective Bargaining Agreement.
3. PROBATIONARY PERIOD
(a) The first three months of an employee's engagement shall be treated as probationary period. Provided that the probation period may be extended for a further period of Six months.
(b) On successful completion of the probationary period an employee shall be confirmed on permanent employment.
(c) Confirmation on permanent employment shall be in writing.
(d) Either party willing to terminate the contract during the probationary period shall do so by giving seven (7) days notice in writing or paying seven (7) days salary in lieu of notice, and the Union be informed in writing.
4. APPOINTMENT LETTERS
Upon successful completion of the probationary period the Employer shall issue an appointment letter stipulating the terms and conditions of service of an employee.
5. HOURS OF WORK
The normal working week shall consist of forty five (45) hours of work provided that:-
(a) Except in the case of shift work, an employee's working hours shall be eight hours per day i.e. Monday to Friday and five hours on Saturday.
An employee shall be entitled to not less than one and half (1 and 1/2) rest day in each week.
6. OVERTIME
(a) Every employee who works for any time in excess of the normal hours of work specified in Clause 5 above shall be entitled to be paid for the overtime, thereby worked at the following rates:-
(i) One and half times (1 1/2) the basic hourly rate in respect of any time worked in excess of the normal hours of work per week.
(ii) For time worked on an employee's normal rest day and statutory public holidays at twice (2) the normal hourly rate.
(a) Where an employee is required to work on a Public Holiday or on his rest day the employer will give such an employee one (1) day notice. The employees shall b advised through the respective supervisor on urgent needs.
7. TARGETS
(i) The Employer through the expertise of production-manager, Ministry of Labour Union and a competent production staff shall establish achievable targets to various styles in the lines and/or other areas of operation like cutting, washing finishing etc. whenever so fixed, the targets i remain constant for
the particular style and employees concerned shall be required to achieve the targeted production for the regular hours of the day, within that time. (Targe must be set by industrial engineer for the company tp enhance efficiency ant avoid loses).
(ii) With current market situation the employer shall not offer any bonus, refer to 2003 CBA 31/2.
8. HOUSE ALLOWANCE
Every employee who is not provided with free housing accommodation shall be entitle to housing allowance at the rate of Ksh. 1,500/= per month or 15% of the basic minimum wage of his/her grade whichever is higher.
9. ANNUAL LEAVE
(i) After the completion of twelve (12) month's continuous service with an employer, ar employee will be entitled to 24 working days leave with full pay and shall be paid through salary account when proceeding on leave.
(ii) Such leave will be taken at a time and duration convenient to the Employer but the ,, individual employee's circumstances shall be taken into consideration.
(iii) Where employment is terminated after the completion of three (3) or more months continuous service during any leave earning period, an employee shall be entitled to two (2) days pro-rata leave with pay for each completed months of service.
10. LEAVE TRAVELLING ALLOWANCE
An employee will be entitled to Ksh. 1200 leave travelling allowance. The money will be given at the time of proceeding on leave.
Where an employee is required to work at the request of his Employer instead of taking his/her annual leave in that year, such an employee shall be paid his full leave entitlement in cash, and leave travelling allowance as per paragraph (a) of this Clause paid through the bank
Where an employee encashes his annual leave voluntarily he will automatically forfeit the leave travelling allowance.
11. COMPASSIONATE LEAVE
An employee shall be granted unpaid compassionate leave on application at the discretion of the Employer up to a maximum of fourteen (14) days in each calendar year with approval from management
Compassionate leave shall be by prior arrangement between the employee and the Employer and shall be treated as paid leave and subsequently set off against the employee's annual leave.
The employer shall not unreasonably with-hold such request.
12. PUBLIC HOLIDAYS
An employee shall be granted gazetted Public Holidays with full pay. If public holiday occurs when an employee is on leave, the day will be added to the leave entitlement.
13. SICK LEAVE
After three (3) consecutive week's service with an Employer and subject to production of a medical certificate of incapacity to work signed by a duly qualified medical practitioner in a registered hospital or a health center or dispensary approved by the Government/Company, an employee shall be entitled to sick leave with pay in any one year as follows:-
(a) First 10 days with full pay refer to Employment Act 2007
(b) Next 10 days with half pay refer to Section 30 part 11 of Employment Act 2007.
Provided that an employee shall not be eligible for sick leave in respect of any incapacity due to gross negligence on his/her part and such leave shall not be carried over to the next year. Provided, also that any sickness leading to sick leave must be brought to the attention of the employer not later than 48 hours the time of commencement of the sickness except the cases of admission.
14. CERTIFICATE OF SERVICE
Every employee shall be given a certificate of service by the Employer upon termination of his employment, unless such employment has continued for a period of less than four consecutive weeks. Every such certificate shall contain:-
(a) Name of employer and postal address
(b) Name of employee
(c) The date when an employment commenced
(d) The nature and usual place of employment
(e) The date when employment ceased
15. WARMING
An employee whose work or conduct is unsatisfactory or who otherwise commits default which in the opinion of the Employer does not warrant instant dismissal shall be warned in writing and the following procedures shall apply:-
(i) The first, second and third letters of warning shall be entered in the employee's record and the shopsteward informed accordingly. The second and third warning letters shall be copied to the branch secretary of his/her Union.
(ii) If an employee refuses to accept a warning letter the shopsteward shall be called to witness and if he/she refuses to accept in his/her presence she or he will be given
(iii) If he or she refuses to sign a warning it will amount to summary dismissal.
(iv) the appropriate notice as per the termination Clause to terminate his/her employment.
(v) Appeals against Warning letters will be done within three (3) working days/period and in writing.
Provided that an employee who completes three hundred and sixty five (365) consecutive days from the date of last warning without further default, any warning entered in his/her employment record shall be deemed cancelled.
16. EMPLOYMENT MEDICAL TREATMENT RULES E.E LEGAL NO. 157/77
The Medical Treatment Rules of 1997 (Legal Notice No. 157/1977) shall apply.
17. MATERNITY AND PATERNITY LEAVE
(i) A female employee shall be entitled to three (3) months maternity leave with full pay provided that a female employee who has taken her maternity leave shall not forfeit her annual leave in that year. On production of medical certificate, a female employee maternity leave may be extended for another month without pay.
(ii) A female employee in receipt of the maternity leave shall not incur any loss of privileges or entitlement during such period (including leave allowance). A male employee will be entitled to a paternity leave of two weeks in any one year upon production of an acceptable proof (NHIF Card for spouse name) that his wife has delivered a child.
18. 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 the employer or an employee from respectively alleging or disputing whether the facts rise to the same, or whether any other matters no mentioned in this section, constitute justifiable or lawful grounds for the 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, but no need to confirm with medical practitioner.
(c) If, an employee willfully neglects to perform any work which it was his duty to perform, or if he/she carelessly and improperly performs any work which its nature it was his/her duty, under his contract, to have performed carefully and property.
(d) If an employee uses abusive or insulting language, or behaves in a manner insulting to the Employer or to a person placed in authority over him by his/her employer.
(e) If an employee knowingly fails, or refuses, to obey a lawful and proper command which it was within the scope of his duty to obey including being asked to work overtime issued by the 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 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 or
(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 the Employer or his employer's property.
BASIC WAGES FOR NEW ENTERANTS
The basic minimum wage for an employee to be engaged after the commencement of this Agreement shall be as follows:-
| NO. | CATERGORY | BASIC MONTHLY RATES PER LABOUR LAW ALL MUNICIPALITIES INCLUDING MAVOKO WEF 1ST MAY 2012 |
| 1 | Helpers, Cleaners, General workers, Messengers. | Ksh 7,915.90/month |
| 2 | Checkers and Loaders | Ksh 9,049/ |
| 3 | Line feeders, writers, final inspectors, mass production machinist, machine assistant, pressman, Laundry operator | Ksh. 9,049/ month |
| 4 | Sample makers, Junior clerks, all rounder machinist, special machinist, and assist washing supervisor. | Ksh. 10,384.80/ month |
| 5 | Driver (car, light vans) copy typist. | Ksh. 13,385.40/month |
| 6 | Cutters, pattern makers, General clerks, receptionist/telephone operator, assistant storekeeper | Ksh. 12,081.30/ month |
| 7 | Driver (medium car) assistant supervisor, quality
controllers. |
Ksh. 13,385.40/month |
| 8 | Accountant assistant, Cashier, heavy commercial drivers salesman Driver. | Ksh.l8,219.20/month |
| 9 | Technicians
-Ungraded -Grade three -Grade two -Grade one |
Ksh.10,678.95/ month Ksh.13,385.40/month Ksh. 15,001.60/month Ksh. 18,219.30/month |
All unionisable employees in employment on the effective date of this Agreement will be entitled to general wage increase of 2% of their basic wage with effect from 1st January 2013.
Those unionisable employees who will be in employment on 1st January 2014 will be entitled to a further wage increase of 2% with effect from that date.
20. PAYMENT OF WAGES
Payments of wages shall be made on or before last day of succeeding month, on a working day and during working hours at or near to the place of employment or at such place as may be agreed to between the employer and the employee. Should such payment day fall on a Sunday or Public Holiday, such wages shall be paid on the
last day prior to such Sunday or Public Holiday.
21. PROTECTIVE CLOTHING
The Employer shall provide two pairs of protective clothing, two pairs of rubber shoes and one gear wherever applicable to every employee. Where uniform has been provided the employer shall provide one bar of soap per month or launder the uniform. Protective clothing and gear shall always remain Company's property.
22. SUSPENSION
The Employer reserves the right to suspend from employment without pay any employee upto a maximum of 14 days fourteen days pending investigations into alleged gross misconduct or any other offence. Where an employee is exonerated from blame he/she be paid his withheld wages. If however he/she is found guilty of the offence he/she shall be summarily dismissed from the date of suspension.
23. NIGHT SHIFT ALLOWANCE
An employee who works on night shift between 9.00p.m. and 6.00 a.m. will be entitled to night shift allowance of Ksh. 1.50/-per hour or 2.50/- per month if meal: are not provided. Other terms remain as per previous CBA.
It shall be responsibility of the Employer to provide working tools to the employee which shall remain always Employer's property.
24. TOOLS
It shall be responsibility of the employer to provide working tools to the employees which shall remain always employer's property.
25. RETIREMENT AGE
The normal retirement age for all employees will be 60 years provided that an employee may retire on medical grounds on recommendation by a doctor.
26. REDUNDANCY
"Redundancy" means the loss of employment, occupation, job or career b involuntary means through no fault of an employee involving termination ' employment at the initiative of the employer, the services of an employee superfluous, and the practices commonly known as abolition of office, job occupation.
Where the employment of an employee is to be terminated on account c redundancy, the following principles shall apply:-
(a) The Union and the Labour Officer of the area shall be informed of the reason for and the extent of, the intended redundancy.
(b) The Employer shall have due regard to Principle of "LAST IN FIRST OUT' seniority in time and to the skill, ability, performance and reliability of each employee belonging to a particular category of employees affected by the redundancy, but also depends on performance and reliability. Refer to 200: CBA 25/b.
(c) No employee shall be placed at a disadvantage for being or not being a member of a trade union.
(d) Any leave due to any employee who is declared redundant shall be paid for in cash/bank.
(e) Those affected by redundancy shall be considered for the following:-
i. Be offered other employment if any available
ii. Receive normal specified period of notice as per termination Clause.
iii. Receive cash in lieu of accrued leave not taken through salary account.
iv. Receive severance pay calculated as follows:- Employees with l -2 yrs -years - (16 days)
Employees with 2 years and above (17 days) for each completed year.
For the purpose of calculating redundancy any loose months shall be paid on prorata basis.
27. PAID EDUCATIONAL LEAVE
The Employer shall grant paid education leave to shopstevvards and the Union representatives upto a maximum of 20 days in a year and this shall be limited to seminars and workshops related to union activities PROVIDED where special considerations dictates paid education leave may be granted upto a maximum of thirty (30) days, maximum 10 days preferable as previous CBA.
28. DEATH OF AN EMPLOYEE
Upon the demise of an employee while still in service, the Employer will provide Ten Thousand shillings only (10,000/-) for contract employees and Twelve Thousand Five Hundred Shillings only (12,500/-) for permanent employees towards the funeral and burial arrangements of the dead employee. The employer shall grant permission with full pay to ten (10) employees including shopstewards and Union members to attend the funeral of deceased employee.
Benovelant fund: Upon the death of an employee their fellow collegues shall contribute Thirty Shillings only (Ksh 30/-) for funeral arrangement these funds shall be handed over to the next of kin.
27. NIGHT TRANSPORT
Employees who are required to end a night shift or overtime after 9.00 p.m but before 6.00 a.m. will be provided with free transport by the Company.
That, in case where the employer cannot provide free transport as stated above then, the employer shall pay a night transport allowance of Ksh. Two hundred shillings only (200/=) on each occasion an employee leaves work at such hours of the night the Management shall provide transport.
28. GRATUITY
After completion of three (3) years of continuous employment with Employer an employee shall be entitled to gratuity on death, normal retirement at 60 years of age or retirement on medical grounds. However, no employee shall qualify for gratuity if he/she is dismissed for gross misconduct. An employee may retire voluntarily after serving for a period of 10 years and above arid benefit as per this clause.
Gratuity payment shall be 16 days pay per each completed year of service
29. ACTING ALLOWANCE
When an employee is required in writing to act in a position of a higher grade for a period of 5 days and more, he/she shall be paid the different between the minimum salaries of his/her grade and the basic minimum salary of the job in which he/she is acting. Maximum (6) months Adopt the previous 2003 CBA.
30. TERMINATION OF EMPLOYMENT -2003 CBA
Upon successful completion of probationary period and confirmation of employment it shall tie a condition that the contract of employment shall be terminable by giving:-
(i) Two (2) months Notice or pay lieu for employees with less than five (5) years.
(ii) We shall maintain 1 month as previous CBA Previous CBA Employees with five (5) years to ten (10) - three (3) months notice or pay in lieu of. We maintain the previous terms.
(iii) Ten (10) years and above - four (4) months notice or pay in lieu Severance pay shall be 16 days per each completed year.
33. HIV/AIDS
The Employer will observe section 5 (3) of the Employment Act 2007..
34. SEXUAL HARRASSMENT
The Employer shall observe section 6 of the Employment Act, 2007.
35. EFFECTIVE DATE AND DURATION OF THE AGREEMENT
The effective date of this agreement shall be 1st day of January, 2013 and it shall remain in force for two years. Thereafter it shall continue in force until it is amended by mutual agreement between the two parties, provided that the party wishing to amend it gives the other party one month notice of such intention giving in writing the details of the amendment required.
SIGNED FOR AND ON THE EMPLOYER
VICE PRESIDENT
FACTORY MANAGER
MANAGER
SIGNED FOR AND ON BEHALF OF THE UNION
Secretary General
Branch Secretary
SHOPSTEWARD
Signed on 01/01/2013.
