MEMORANDUM OF AGREEMENT ON TERMS AND CONDITIONS OF SERVICE AND WAGES BETWEEN MESSRS. MILLBROOK GARMENTS (HEREINAFTER REFERRED TO AS “THE MANAGEMENT”) OF THE FIRST PART AND THE TAILORS AND TEXTILES WORKERS UNION (HEREINAFTER REFERRED TO AS “THE UNION”) OF THE SECOND PART
PART I: TERMS AND CONDITIONS OF SERVICE
1. HOUSE AND HOUSING ALLOWANCE
Every employee who is not provided with free housing accommodation by his employer shall be entitled in addition to the basic minimum wage prescribed to a
Housing Allowance at a rate of Shs. 2,200/- per month.
2. HOURS OF WORK
The normal working week shall consist of 45 hours of work spread over six days of the week, comprising, unless agreed otherwise by the parties, five days of eight hours work per day and one day of the five hours work.
3. OVERTIME RATES
Overtime shall be payable at the following rates:-
a) For time worked in excess of the normal number of hours per week specified in paragraph 2 of this Agreement - at one and half times the normal hourly rate.
b) For time worked on Sunday, or the employee’s normal rest day, and on Statutory Public Holidays at twice the normal hourly rate.
c) For the purpose of calculating payment of overtime in accordance with sub- paragraph (1) of this paragraph the normal hourly rate shall be deemed to be not less than one hundred ninety fifth (1/195) of the employee’s monthly wages, exclusive of housing allowance, and in the case of employee remunerate otherwise than at a monthly rate it shall be calculated in proportion, save that where the employee is remunerated at an hourly rate of wages such hourly rate of wages shall form the basis of calculation.
4. HOLIDAYS WITH FULL PAY
The normal working hours occurring on Statutory Public Holidays shall, unless paid for as overtime, be granted as time off with full pay. If it falls within the leave period the employee will be granted additional paid fiay(s) on top of the annual paid leave days.
5. ANNUAL PAID LEAVE
a) After each period of 12 consecutive month’s service with an employer to annual leave for a period covering 26 working days, with full pay excluding any Statutory Public Holidays, that might fall within the leave period.
b) Where employment is terminated after the completion of three or more, consecutive months’ service during any 12 months’ leave-earning period to two days’ leave with full pay for each completed month of service in such period.
6. SICK LEAVE
a) After 3 consecutive weeks service with an employer an employee shall
be entitled to sick leave with full pay upto a maximum of 50 days and thereafter to sick leave up to a maximum of 45 days with half pay in each period of 12 months consecutive service, subject to the employee producing a certificate of incapacity signed by a qualified medical practitioner or a person acting on his behalf in-charge of dispensary of medical centre.
b) An employee shall not be eligible for sick-leave under this paragraph in respect of any incapacity due to gross neglect on his part. Incase of injury
received in the course of duty, the rules of the Workmen’s Compensation Act will apply.
7. TERMINATION OF EMPLOYMENT
It shall be a condition in every contract that such contract shall be terminable by not less than one month’s notice to be given by either party in writing or otherwise by payment by either party, in lieu of notice of not less than one month’s wages. Employees with more than 5 years service will qualify for two (2) months notice or wages in lieu.
Provided that:
i) The first three weeks of employment with an employer may be treated as probationary period and during such probationary period the contract shall be terminable by either party by giving 48 hours notice or pay in lieu thereof.
ii) Nothing in this paragraph shall prejudice the right of either party to terminate a contract summarily for lawful cause.
8. PIECE WORK OR TASK WORK
a)An employee engaged on piece work rate or task work rate shall be entitled to wages and conditions of employment not less favourable than those specified in this Agreement. However, leave pay will be calculated on an average of the previous 12 consecutive months work pay.
b)Any employee on piece work, who remains absent without prior permission or any other lawful cause, such employee will compensate the Company for the lost hours by way of working extra hours or any other arrangement with the employer. The garment stitched will be paid for on the normal piece rate.
In addition to compensating the lost hours, normal disciplinary action will be taken against such employee.
9. PREVIOUS EXPERIENCE TO COUNT
i) Where any person to whom this agreement applies changes from employment with one employer to similar employment with another employer shall be entitled to the appropriate rate of wages having regard to each completed year of service in the same type of employment with his previous employer or employers; provided that where, in the case of a learner tailor in the Bespoke Tailoring trade, such change has involved a break exceeding six months duration in such learner tailor employment, the first year of the previous period as a learner tailor shall not count for incremental purposes.
ii) Proportionate Rate of Pay
Remuneration otherwise than at monthly rates of wages shall not be less than proportionate to the basic minimum wage rates prescribed in this schedule.
10. CASUAL LABOUR
The provision of the Employments Act - 2007 shall apply.
11. MATERNITY / PATERNITY LEAVE
The provision of the Employments Act - 2007 shall apply.
12. COMPASSIONATE LEAVE
a) An employee desirous of taking leave on compassionate grounds shall by prior arrangement with the employer be granted such leave upto his earned entitlement under paragraph 5 of this Agreement and the leave taken shall be subsequently set off against his/her annual leave.
b) Alternatively an employee may be granted compassionate leave without pay at the discretion of the management.
13. CHECK-OFF-SYSTEM
The Labour Relations Act - 2007 shall apply.
14. PROTECTIVE CLOTHING AND UNIFORMS
a) Drivers, Drivers Mates and Messengers shall be supplied/issued with two sets of uniforms per year.
b) Machinists shall be issued/supplied with two sets of Aprons per year.
c) Supervisors/Cutters shall be issued/supplied with two sets of Dust Coats per year.
d) The Company shall wash the Uniforms and Protective Clothing or provide one • bar of soap per month for washing the clothes.
15. WARNING SYSTEM
An employee whose work or conduct is unsatisfactory and or who commits an offence which in the opinion of the employer does not warrant instant dismissal; shall be warned in writing. The following procedure will be followed:-
a) The 1st, 2nd and 3rd warnings will be recorded on his/her record card and shopstewards informed.
b) If an employee with three warnings recorded on his/her card commits a fourth offence he/she will be liable to summary dismissal.
c) If an employee completes 365 days from the date of the last warning without fault, any warnings recorded on his/her card will be cancelled. All warnings shall be valid for 12 consecutive months from the date of issue of last warning.
d) The second and third warnings will be copied to the Union’s Branch Secretary. Appeals against warning letters will be done within 3 working days and in
writing.
REDUNDANCY
In the event of redundancy, the following principles will apply: -
a) The Union concerned shall be informed and consulted first of the reasons for and the extent of the intended redundancy.
b) The principles shall be adopted of “Last in first out”. In the particular category of employees affected subject to all other factors such as skill merit ability and reliability being equal.
c) In case of availability of employment at a latter date, the Company will consider the former redundant employees for re-employment. Provided they can be contacted without delay.
d) The redundant employee shall be entitled to appropriate notice or wages in lieu of notice.
e) Any accrued leave that the redundant employee may not have taken prior to the notice shall be paid m cash.
f) An employee declared redundant shall receive severance pay at the rate of 21 days pay for every completed year of service.
g) The severance pay on redundancy shall be calculated with effect from Ist January, 1963 based on individual’s length of service.
17. LEAVE TRAVELLING ALLOWANCE
a) An employee travelling on annual leave shall be entitled to leave travel allowance of Shillings two thousand, five hundred (K.SHS 2,500/-).
b) If any employee is requested by the employer to stay on working instead of going on leave, such employees shall be paid in cash leave days plus travelling allowance.
If an employee requests the employer to allow him to remain working instead of going on leave, such employee shall be entitled to his leave pay, and not leave travelling allowance. Such requests shall be made in writing.
18. NIGHT TRANSPORT FOR EMPLOYEES
Employee that will remain at work upto between 7.00 p.m. and 6.00 a.m. will be provided with free transport to an agreed point within the city.
19. CERTIFICATION OF SERVICE
i) Every employee shall be given a certificate of service by his employer upon the termination of his employment.
Unless such employment has continued for a period of less than four consecutive weeks, 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 date when employment ceased;
e) Such other particulars as may be prescribed.
ii) Subject to subsection (l) of this section, no employer is bound to give any employee any testimonial reference or certificate relating to the character or performance of an employee.
iii) Any employer who willfully or be neglect fails to give an employee a certificate of service in accordance with subsection (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 offence.
20. 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 an employer or any employee from respectively alleging or disputing whether the facts giving rise to the same, or whether any matters not mentioned in this section constitute justifiable lawful grounds for such 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 properly to perform his work.
c) If, an employee, willfully neglect to perform any work which it was his duty to have performed, or if he carelessly and improperly performs any working which from its nature it was his duty, under his contract to have performed carefully, and properly.
d) If any employee uses abusive or insulting language or behaves in a manner insulting, to his employer or to any person place in authority over him by his employer.
e) If an employee knowingly fails, or refuses to obey any lawful and proper command which it was within the scope of his duty to obey, issued by his employer or any 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 cognisable offence punishable by imprisonment and is not within ten days either released on bail or on bond or otherwise lawfully set at liberty.
g) If an employee commits or on reasonable and sufficient grounds is suspected of having committed any criminal offence against or to the substantial detriment or his employer or his employer's property.
21. MEDICAL TREATMENT
The provision of the Employment Act - 2007 shall apply.
22. LEAVE WITH FULL PAY FOR UNION MEMBERS ON UNION OFFICIAL BUSINESS
Union officials or members shall be granted upto to 14 working days leave with full pay to attend trade unions seminars or conference meetings upon a written requests by the Union and subject to the production of certificates of participation by the employees concerned.
23. DEATH OF AN EMPLOYEE
The employer upon the death of an employee, shall pay the sum of Shs. 15,000/- to the bereaved family towards funeral expenses.
24. RETIREMENT BENEFITS/GRATUITY
a) The retirement age will be 55 years for males and 50 years for females. The employer and the employee may by agreement extend the retirement age.
b) An employee may retire or may be retired by the employer on grounds of ill- health in which case a doctor’s certificate will be required to certify this. The employer will be entitled to send such an employee to its own doctor for further information.
c) On retirement an employee will be entitled to:-
i) Required notice
ii) Retirement benefits at the rate of twenty one(21) days pay for each completed year of service.
iii) Any other remuneration that he/she may be entitled to.
d) An employee who is terminated by the employer and not under the grounds of gross misconduct or redundancy shall be entitled to 14 days pay for each completed year of service by way of Gratuity.
The above will be in addition to the NSSF benefits. The workers service for the purpose of this benefit will be taken into consideration from 1st January, 1989.
This clause will not apply to those Companies who operates a Provident Fund Scheme for their employees.
25. GENERAL WAGE INCREASE
All employees in the services of the organisation as at 31st July, 2010, shall be entitled to 6% salary increase for the 1st year and another 5% for the second year.
26. DURATION AND EFFECTIVE DATE
The whole of this Agreement shall be effective from 1st August, 2010, and it shall remain in force for a period of 2 years.
Thereafter it shall remain in force until it is amended by mutual agreement between the two parties. Any party desiring to amend any clause in this Agreement shall give one months notice in writing of such intention giving the details of the amendments desired.
SIGNED FOR AND ON BEHALF OF COMPANY
MR. PATRIC JUMA
SHOPSTEWARD MILLBROOK GARMENTS
SIGNED FOR AND ON BEHALF OF COMPANY
SECRETARY GENERAL
BRANCH SECRETARY
IN PRESENCE OF:
MR.MOSES OMBOKH
REGIONAL MANAGER FEDERATION OF KENYA EMPLOYERS
DATE: 25 FEBUARY 2013
