MEMORANDUM OF AGREEMENT BETWEEN M/S JEHANGIR SERVICES (PRIVATE) LIMITED AND JSL EMPLOYEES UNION - 2013
Name of Parties
1. M/s Jehangir Services (Private) Limited
Plot No. 4, K-28, Trans Liyari, Hawksbay Road, Karachi
2. JSL Employees Union,
House No. 1726/2443-B
Baldia Town, 19-D Stop, Karachi
Representing Employers
1. Major (R) Jahanzed Arshad
Manager Administration
Jehangir Services (Pvt.) Ltd.
Representing Employees
1. Mr. Mir Aslam Khan
S/o Mir Azad Khan, (President)
2. Sheikh Muhammad Ayaz
S/o Sheikh Wazir Khan (General Secretary)
3. Mr. Muhammad Saeed
S/o Nabi Bux, (Joint Secretary)
Short Recital of the Case
The General Secretary of the JSL Employees Union, served the Management of M/s Jehangir Services (Pvt.) Ltd. Karachi with a demand notice dated December 5th, 2013 under Section 35 of Industrial Relations (Revival and Amendment) Act 2013 Sindh, along with the Charter of Demands.
That since the JSL Employees Union is registered with Registrar of the Trade Union and has C.B.A Union Certificate hence negotiations were conducted and the management keeping in view the rise in the cost of living has agreed as under:
Terms of Agreement
1.
That the Management keeping in view the rise in the Cost of Living has granted an increment to the permanent workers w.e.f. July 2013 as under:
| a | Drivers | Rs. 1200/- per month |
| b | Operators | Rs. 1000/- per month |
| c | Unskilled workers different of minimum wage. | |
Note: This has already been given w.e.f. 1st July, 2013.
1.
The C.B.A Union/Workers have agreed that if the Government increases salary/wage or by way of any allowance through any legislature either as CLA/SSA or in any other forum then the above increase will be adjusted set off against the increase made by the Government. However, if there is no set-off clause then the aforesaid increment given date to the rise in cost of living shall be withdrawn.
2.
The outstation allowance which is given to permanent Drivers – Working outside Karachi premises will be Rs. 300/- per day worked. When Crane, Trailers, Pick-ups and other workers who work outside Karachi and are being paid the outstation allowance, they will not be entitled to any overtime. Only Crane(s) working (not travelling) at one place or station will be Rs. 300/- per day worked. When Crane, Trailers, Pick-ups and other workers who work outside Karachi and are being paid the outstation allowance, they will not be entitled to any overtime. Only Crane(s) working (not travelling) at one place or station, their stop shall be paid overtime for work beyond 08 hours or for working on weekly holiday and Government declared Festival Holidays within Karachi.
2 (a).
This is a per past practice that the Workers C.B.A Union has agreed not to claim or demand any separate overtime in any manner whatsoever, before any authority or Court of Law.
3.
The Management is anticipation of sufficient net profits has agreed to give 30 (Thirty) days of salary to all permanent workers as Profit Bonus (for purpose of this profit bonus, salary will mean basic salary, all cost of living allowance, Sindh special allowance). This will be paid for the year ending June 30, 2014 and June 30, 2015 and June 30, 2016 respectively to all Permanent Workers, who are on payroll of the Company on the day such profit bonus is declared and have completed one year of continuous service upto June 30, 2014, June 30, 2015 and June 30, 2016 respectively. Those workers who have worked for less than one year of continuous service but more than 3 months of continuous service in that particular one will be given the aforesaid profit bonus on pro rata basis. That the aforesaid profit bonus is a bonus under Standing Order 10 (C) or the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. That the C.B.A Union/Workers have agreed that they will not demand or re-agitate any further bonus in any manner whatsoever for the year ending June 30, 2014, June 30, 2015 and June 30, 2016 respectively.
4.
The Workers/ C.B.A Union have agreed that the retirement age for all Worker shall continue to be 60 (Sixty) years or earlier on medical grounds.
5.
The Workers/ C.B.A Union have reconfirmed all the terms of employment mentioned in their Letter of Appointment.
5 (a).
That any amount received from the management for loading/unloading operations and Sling Allowances, Outstation Allowance which is given as Food, Travelling Expenses or any other Allowances will continue to be considered as part of the Wages for purpose of calculation of minimum wage.
6.
That the Worker/ C.B.A Union have agreed that Provident Fund will continue as per previous settlement.
7.
The Management will continue to give the following paid leave per year to all the permanent workers.
•10 (ten) days casual leave per year
•08 (eight) days sick leave per year
•18 (eighteen) days annual leave per year after completion of one year continue service.
Annual leave will be availed by the employees and unavailed annual leave will lapse after two years.
Workers/ C.B.A Union will abstain from taking further leave/absence and will not ask for any increase in the leave granted at present and mentioned above.
8.
The rest of the demands contain in the Demand Notice dated December 5th, 2013 given by the C.B.A Union/ Workers have been withdrawn unconditionally.
9.
That this settlement will be effective and will come into operation from the date, it is signed and will be binding upon both the Parties upto December 31st, 2016.
10.
The C.B.A Union/ Workers have further promised and agreed that they shall not raise any financial demand and non-financial demands having financial implication of or otherwise upon the Management during the operation of the Settlement i.e. upto December 31st, 2016.
11.
The C.B.A Union/ Workers have agreed that they will maintain discipline in the premises and during duty hours and will obey the order of their Superior and will not act resort to any Strike, Go-Slow etc.
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