MEMORANDUM OF AGREEMENT BETWEEN PROCON ENGINEERING (PVT.) LTD AND PROCON EMPLOYEES UNION (C.B.A) - 2015
Name of Parties
1. M/s Procon Engineering (Pvt.) Ltd.
Plot No. D-54, to D-57,
N.W.I. Zone, Port Qasim, Karachi.
2 (a).M/s Procon Engineering (Pvt.) Ltd.
3 Km off Manga Mandi Road, Raiwind, Lahore.
2. Procon Employees Union (C.B.A)
A – 93, Block – 14, Gulistan-e-Jauhar, Karachi.
Representing Employer:
1. Mr. Ehsan-ul-Haq - Director (Technical & Production),
2. Mr. M. Rafi - Sr. Manager, Admin
Representing Employees:
1. Mr. Muhammad Jilani - President (C.B.A)
2. Mr. Muhammad Akram - General Secretary (C.B.A)
3. Mr. Zulifqar Ali - Joint Secretary
4. Mr. Bashir Ahmed - Finance Secretary
Short Recital of the Case
The General Secretary of Procon Employees Union in the capacity of C.B.A Union had served a Charter of Demand dated 20th January, 2015 under Section 35 of the Industrial Relations Act, 2012.
That since Procon Employees Union is the Collective Bargaining Agent for both the Units situated at M/s Procon Engineering (Pvt.) Ltd. Plot No. D-54 to D-57, N.W.I Zone Port Qasim, Karachi and M/s Procon Engineering (Pvt.) Ltd. 3 KM OFF Manga Mandi Road, Raiwind, Lahore, hence the management of Procon Engineering (Pvt.) Ltd. in the capacity of CBU held negotiation between the Parties several times and finally with mutual consent of both the Parties the following agreement has been arrived at:
1.
That the management in anticipation of net profit for the year ended 30th June, 2015 has agreed to give one month wages as Profit Bonus under Standing Order 10 (c) to all those permanent Workers of both the Factories mentioned above at Karachi and Lahore who have completed one year continuous Service to their credit and are on the roll of the Company on 30th June, 2015, those permanent workers who has less than one year continuous service as on 30th June, 2015, but more than three months continuous service will be given this profit bonus as per pro rata basis.
2.
That similarly the management has also agreed to give Profit Bonus under Standing Order 10(c) equal to one month wages to all those permanent Workers who will be Pay Roll of the Company as on 30th June, and have completed one year continuous Services to their credit and are on the Pay Roll of the Company at that time i.e. on 30th June, 2016.
3.
That the aforesaid Profit Bonus is in full and final of the Bonus under Standing Order 10 (C) of the Industrial & Commercial Employment (Standing Orders) Ordinance, 1968 for the year 30th June, 2015 and 30th June, 2016.
4.
That the C.B.A Union undertake that they shall not demand any further bonus whatsoever for the year ended on 30th June, 2015 and 30th June, 2016 respectively.
5.
That the management has agreed that the Company’s Profit Workers Participation Fund for the year ended on 30th June, 2015 will be given to the entitled Workers in due course, subject to net profit, in accordance with law.
6.
That the management has agreed to continue to give the following leaves with pay in a year:
(a) Annual Leaves: 14 days Annual Leave will be given to all those permanent workers who have completed one-year continuous service to their credit.
(b) 10 days Casual Leaves in a Calendar year.
(c) 08 days Sick Leaves in a Calendar year.
(d) Festival Holidays:According to Sindh & Punjab Government Gazette Notification under Factories Act, 1934, for Karachi and Lahore factories respectively.
7.
That the management has agreed to grant Loan to the Workers keeping in view the circumstance of individual worker. However, it will be the sole discretion of the management to grant the amount of loan to the workers which will be recovered in installments.
8.
That the management has agreed that the increment will be given to the permanent workers keeping in view their efficiency, output and discipline of the past. However, this is the sole discretion of the management and shall not be claim by way of any right by any worker/C.B.A union.
9.
That the C.B.A Union/Workers have agreed that the retirement age of the Male Workers will be 60 years and 55 years for female Workers. Those workers who are unfit as per Doctors certificate would be retired and will be given one-month Notice Pay and Gratuity as per law.
10.
That the management has provided Eating Place both the two factories units for having Lunch by the workers who shall bring lunch from their home as they like to prefer to have the home food.
11.
That the management has provided prayer place in both the factories at Karachi and Lahore.
12.
The management is paying Rs. 12,000/- pm as the minimum wages to the workers effective from 1st July, 2014.
13.
That no worker shall refuse to employ with the transfer orders anywhere posted in Pakistan.
14.
That rest of the demands contained in the Demand Notice dated 20th January, 2015, has been withdrawn by the C.B.A Union unconditionally.
15.
That this settlement shall come into operation on the date it is signed and will be binding upon both the Parties up to 31st December, 2016.
16.
That the C.B.A Union/Workers have agreed not to raise any financial or non-financial demand involving financial implications upon the management during operation period of this agreement to the CBU management of both the above two factories at Karachi and Lahore being the Collective Bargaining Unit.
17.
That the C.B.A Union/workers have agreed that they shall maintain discipline in the factories and will keep the same neat and tidy and shall maintain discipline and will not resort to any strike or go-slow in any manner whatsoever.
18.
All the workers will come to duty on time and will have proper attendance and will not absent himself form duty unless written prior permission is obtained for leave from the management.
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