MEMORANDUM OF AGREEMENT ON TERMS AND CONDITIONS OF EMPLOYMENT Between CARBACID (CO2) LIMITED And KENYA CHEMICAL & ALLIED WORKERS’ UNION
1. SUBJECT MATTER
The terms and conditions of employment set out in this Agreement shall be observed by both parties and shall apply to all employees/workers covered by the Joint Recognition Agreement.
2. EMPLOYEES IN ACTING CAPACITY
An employee temporarily acting in a higher grade job for a period of fourteen consecutive days or more in any one calendar year shall receive the agreed salary for that grade for those days he/she occupies the position.
3. GENERAL WAGE INCREASE
(a) Employees in service as of 1st August 2013 shall earn a wage increase as follows;
Year 1 (Aug 2013 – July 2014); 10%
Year 2 (Aug 2014 – July 2015); 8%
Year 3 (Aug 2015 – July 2016); 9%
(a) House Allowance
Employees in service as of 1st August 2013 and who are not housed by the Company shall earn a house allowance of 15% of their salary.
4. WORKING HOURS
An employee shall normally be required to work, whether on shift or otherwise, a total of forty two (42) hours spread over six (6) days per week exclusive of the meal break hours, provided that an employee who is required to work in excess of such hours will be paid for such excess hours at the appropriate rate as provided by Clause (5) of this Agreement.
5. OVERTIME RATES
Overtime rates shall be as follows:-
(a) For hours worked on weekdays in excess of hours set out in Clause (4) – Time and half.
(b) For hours worked on Saturdays in excess of hours set out in Clause (4) – Time and half.
(c)For hours worked on Sundays and Gazetted Public Holidays – Double time.
6. GAZETTED PUBLIC HOLIDAY
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 for double time as provided by overtime Clause (5).
7. ANNUAL PAID LEAVE
After each period of twelve consecutive months with an employer an employee shall be entitled to annual leave for a period covering twenty-six (26) working days with full pay. Leave to be taken at the employer’s convenience. In the event of statutory Public Holidays falling within the leave period, such holidays shall be added to leave entitlement.
8. COMPASSIONATE LEAVE
(a) An employee desirous of taking leave on compassionate grounds shall, by prior arrangement with the employer be granted such leave up to his earned entitlement under paragraph (6) of this Agreement and leave taken shall be subsequently set off against his annual leave.
(b) An employee may, in addition to the leave provided for in subsection (a) of this paragraph be granted five days compassionate leave without pay in any one year.
9. SICK LEAVE
An employee shall be entitled to sick leave up to a maximum of fifty (50) days with full pay, and thereafter to sick leave up to a maximum of thirty (30) days with half pay, in each period of twelve months continuous service. Subject to the employee producing a certificate of incapacity covering each period of sick leave claimed, signed by a Medical Practitioner or person acting on his behalf in charge of a dispensary or medical aid centre.
10. INJURY BY ACCIDENT
In case of an injury to an employee where the Work Injuries Benefit Act (WIBA) requires the payment of not less than half salary for any period of temporary incapacity, the employee shall receive full salary. In case this guiding Act is repealed, then the terms of any new Act in force and amendments thereof will apply.
11. SAFARI ALLOWANCES
An employee who is required to perform work away from his principal place of employment shall be entitled to be paid subsistence allowance as set out in Clause 26: -
(a) For any such period of duty lasting up to 12 hours, not including a night stop.
(b)For any such period of duty lasting over 12 hours but not exceeding 24 hours, not including a night stop.
(c)For any such period of duty covering 24 hours and including a night stop.
12. DRIVER & TURNMATES TRIP ALLOWANCES
Drivers and Turn mates will not normally be paid safari allowances or overtime when making Bulk CO2 deliveries but will be paid a consolidated trip allowance to each destination.
In the event of excessive delays on the journey due to circumstances entirely beyond the control of the driver appropriate additional compensation will be made in accordance with a, b or c above.
When Drivers and Turn mates work overtime at their base they will be compensated at normal rates.
13. CERTIFICATE OF SERVICE
On termination of employment, an employee may request the Company for a certificate stating the period for which he/she has been employed. This will be issued in accordance with the Employment Act, Section 51.
14. TERMINATION OF SERVICE
Employment after the probationary period shall be terminable by not less than one month’s notice to be given by either party or otherwise by payment by either party, in lieu of notice, of not less than one month’s pay, except where an employee is summarily dismissed for gross misconduct or other lawful cause as prescribed in the Employment Act.
15. WARNING SYSTEM
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 entered in the employee’s employment record card and shall remain valid for a period of twelve months from the date of issue. If, within the twelve months period the employee commits a similar or any other offence which does not warrant dismissal, he will be issued with a final letter of warning which will make him liable to summary dismissal for any other offence which he may commit thereafter. A final letter of warning will remain valid for a period of one year from the date of issue. A copy of the final warning shall be sent to the General Secretary of the Union.
16. PROBATIONARY PERIOD
The first three months of employment shall be treated as probationary period. During such probationary period, services shall be terminable by either party by giving seven days notice or pay in lieu.
17. MATERNITY & PATERNITY LEAVE BENEFITS
(i) Subject to the employee producing a certificate signed by a medical practitioner in charge of a dispensary, or medical practitioner in charge of a medical aid centre, or by a person acting on his behalf, a female employee shall be entitled to Three months maternity leave with full pay.
Provided that:-
(a) Childbirth in respect of a female employee shall not be deemed to be sickness as provided for under Clause (8) of this Agreement and the employer shall not be required to meet medical costs incurred thereon.
(b) A female employee who takes maternity leave shall not incur any loss of privileges during such period.
(ii) A male employee will be entitled to 14 days paternity leave in respect of child birth by a legally married partner.
18. LEAVE TRAVELLING ALLOWANCE
An employee upon taking his annual leave shall be entitled to a leave travelling allowance at a flat rate of Kshs. 7,500 once per annum.
19. RECALL ALLOWANCE
An employee recalled to duty while one his annual leave will be paid a recall duty allowance of Kshs. 4,000 to carter for the expenses of travelling back to work
20. UNIFORMS AND OVERALLS
An employee who is required to wear uniform or overalls by nature of his/her work or in accordance with the provisions of The Occupational Safety and Health Act, 2007 , shall be issued with two pairs of uniforms or overall, one (1) pair of safety boots and personal protective equipment (PPE). Kagwe staff shall in addition obtain one (1) sweater, with security guards obtaining a raincoat each. The company shall also provide two (2) bars of soap per month to all employees for cleaning.
21. MEDICAL TREATMENT
Employees shall be provided with medical care as per the prevailing Company medical scheme and in line with the provisions of the Employment (Medical Treatment) Rules 1977. Any amendments to this rule shall also be observed.
22. REDUNDANCY
In the event of redundancy the following principles shall apply:-
(a) The union shall be informed by the employer of 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 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 be entitled to severance pay on the basis of twenty (20) days for each completed year of service.
(e)“ Redundancy” means the loss of employment, occupation, job or career by involuntary means through no fault of an employee, involving termination of employment at the initiative of the employer where the services of an employee are superfluous, and the practices commonly known as abolition of office, job or occupation and loss of employment due to the Kenyanization of a business; but it does not include any such loss of employment by a domestic servant.
23. BAGGAGE ALLOWANCE
Upon redundancy, retirement on medical grounds or otherwise an employee shall be eligible for a Baggage Allowance of Kshs. 15,000 to assist the employee ferry his/her belongings to the place of retirement.
24. GRATUITY OR SERVICE BENEFITS
An employee in Service before 31st October 2001 and leaves employment of the company by way of retirement on attaining the age of 60 years, retired on medical grounds, terminated or resigns on his/her own accord shall be paid 17 days for each completed year of service for the years served prior to 31st. October 2001. The parties agreed that the Gratuity benefits for such employees shall be settled as follows; 75% to be transferred to the Carbacid Provident Fund and 25% to be paid out to the employee. The gratuity payment shall be computed based on the wage rate as at 31st July 2011.
25. SHIFT DIFFERENTIAL
In addition to the basic wages/salaries, employees working a 24 hours or less shift cycle as a team will be paid a shift differential (as stipulated below) to compensate them for the inconvenience involved in performing shift roster work. Will earn a Shift Differential Allowance at 15% of their basic wages, this shift differential will not be included in the basic wage and accordingly will not be taken into account when calculating Provident Fund contributions and overtime pay. The shift differential is intended to compensate individuals for the inconvenience involved in shift roster work, it will therefore not be paid when an employee is sick or on leave, or if shift work is not performed on any day for any other reason unless the change to day work has been occasioned by the Management on that week in which the employee has worked at least one shift. In order to ensure continuity of operation all shift employees will continue working until permitted to leave by the Manager or Supervisor in charge.
26. FUNERAL EXPENSES
If an employee dies, whilst in the service of the Company, an amount of shs.80,000/- will be paid to the next of kin to assist with the cost of burial. The next of kin shall be a person listed in an employee’s personal detail form prior to his/her demise
27. BASIC RATES PER MONTH - FOR THE PERIOD 1ST AUGUST 2013 to 31ST JULY 2016
| ITEM
Wage Increase (rounded) |
Out going
13% |
13 _ 14
10% |
14 _ 15
8% |
15 _ 16
9 |
|
Wages Group 1 - Nbo Wages Group 2 - Nbo Wages Group 3 - Nbo Wages Group 4 - Nbo Housing Group 1 - Nbo Housing Group 2 - Nbo Housing Group 3 - Nbo Housing Group 4 - Nbo Wages Group 1 - Kagwe Wages Group 2 - Kagwe Wages Group 3 - Kagwe Wages Group 4 - Kagwe Housing Group 1 - Kagwe Housing Group 2 - Kagwe Housing Group 3 - Kagwe Housing Group 4 - Kagwe Trip – Nairobi/Ruaraka Trip – Machakos/Nakuru Trip – Nyeri Trip – Kericho Trip – Eldoret Trip – Kisumu Trip – Kisii Trip – Arusha Trip – Moshi Trip – Mombasa Trip – Mwanza Trip – Kampala Trip – Mbarara Trip – Dar es Salaam Trip – Gisneyi |
41,336.00 36,595.00 30,731.00 26,882.00 6,200.00 5,489.00 4,610.00 4,032.00 38,894.00 34,414.00 28,843.00 25,255.00 5,834.00 5,162.00 4,326.00 3,788.00 995 1,900 3,760 4,720 5,695 6,135 6,620 7,430 7,825 9,420 11,295 11,795 13,920 14,095 18,795 |
45,470 40,255 33,804 29,570 6,825 6,040 5,071 4,436 42,783 37,855 31,727 27,781 6,418 5,678 4,759 4,167 995 1,900 3,760 4,720 5,695 6,135 6,620 7,430 7,825 9,420 11,295 11,795 13,920 14,095 18,795 |
49,108 43,475 36,508 31,936 7,366 6,521 5,476 4,790 46,206 40,883 34,265 30,003 6,930 6,133 5,140 4,501 995 1,900 3,760 4,720 5,695 6,135 6,620 7,430 7,825 9,420 11,295 11,795 13,920 14,095 18,795 |
53,528 47,389 39,794 34,810 8,029 7,108 5,969 5,222 50,365 44,562 37,349 32,703 7,555 6,684 5,602 4,905 995 1,900 3,760 4,720 5,695 6,135 6,620 7,430 7,825 9,420 11,295 11,795 13,920 14,095 18,795 |
No Unionisable Employee of the Company will get less than the increase agreed upon between the parties.
28. EFFECTIVE DATE AND DURATION
This Agreement shall be effective as from 1st August 2013 and shall remain in force for a period of three years. Thereafter, the agreement shall continue in force until it is amended, provided that the party desiring to amend it gives one month’s notice in writing setting in details of the amendments so required.
For and on behalf of the Company
................................................
HON. MAINA WANJIGI, EGH
CHAIRMAN
................................................
G. MASESE
CHIEF OPERATING OFFICER
.....................................................................................................
A. JIVANJEE J.WEKESA
FINANCE & ADMIN MANAGERHUMAN RESOURCES OFFICER CARBACID
For and on behalf of the Union
................................................
W. D. OGUTU OGW
NATIONAL GENERAL SECRETARY
................................................................................................
HEZRON O ANYUOJAMES O OBURA
DEPUTY NATIONALAREA SECRETARY
GENERAL SECRETARYNAIROBI, CENTRAL & EASTERN
............................................... .......................................................................................
P.WAMUTORO H.SHITEMIJ.J. OKELLO
SHOPSTEWARDSHOPSTEWARDSHOPSTEWARD
In the presence of
...............................................
G.R. AMBUCHE
EXECUTIVE OFFICER - F.K.E.
SIGNED ON .............................OF ............................. 2014 at Nairobi
APPENDIX “B”
GROUP 1Senior Clerk (Chief)
Artisan – Grade 1
Driver – Heavy Commercial Vehicle
Senior fitter
GROUP 11Junior Clerks
General Fitter
Artisan – Grade 11 & 111
Driver
Machine Operator
GROUP 111Cylinder Filler
Assistant Machine Operator
Driver’s Mate
Watchman
GROUP IVGeneral Labour
