COLLECTIVE BARGAINING AGREEMENT BETWEEN CONSERVATION, HOTELS, DOMESTIC, SOCIAL SERVICES AN CONSULTANCY WORKERS UNION (CHODAWU) AND SOUTHERN SUN DAR ES SALAAM
1.INTRODUCTION
(a)This agreement is made between the Conservation, Hotels, Domestic, Social Services and Consultancy Workers Union (CHODAWU) (herein to be referred to as the Union), representing all Employees in positions covered in this agreement and SOUTHERN SUN DAR ES SALAAM (herein to be referred to as Employer).
(b)We confirm by our signatures, which will appear at the end of this Agreement that we have agreed on the following terms and conditions of employment and wages for all employees in positions covered in this agreement and SOUTHERN SUN DAR ES SALAAM (herein to be referred to as Employer)
2.RECOGNITION.
(a)The employer accepts to recognize CHODAWU being the sole representative of all employees in positions covered in this agreement and employed by SOUTHERN SUN DAR ES SALAAM.
(b)CHODAWU on its side recognizes that SOUTHERN SUN DAR ES SALAAM as the sole employer with the responsibility of employing, directing and leading the workers of SOUTHERN SUN DAR ES SALAAM.
(c)That within this agreement both parties agree to abide with the following:-
oImprove the Company's service and operations.
oImprove the workers remuneration and welfare
oImprove the efficiency and increase labour productivity with a view of improving profitability.
oFoster peace and harmony between the employees and the employer.
3.
3.1 COVERAGE:
This agreement shall apply to all Union members and is extended to all Tanzanian employees of the Hotel (hereinafter known as the Bargaining Unit) who are non members, employed by SOUTHERN SUN DAR ES SALAAM
3.2
This contract does not cover the employees who are employed on, temporary contract.
4.EFFECTIVE DATE AND DURABILITY OF THIS CONTRACT:
4.1
Both parties agree that this contract is valid for a period of two years effective ………., and will last up to…….. and may be renewed by either party giving the other one month notice. Any party that wishes to change any of the contents of this contract must give the counter part one month prior notice and the reasoning behind. The proposed change(s) will be subject to discussion between the parties to this contract.
4.2
These changes will be amended upon renewal of this contract.
4.3
This agreement shall remain valid for another period of two years after the period stated in paragraph if no notice of renewal is served/received by either party.
4.4
It was agreed that all future contracts will start from the ………. of any given year.
5 INTERPRETATION
That in this Agreement unless the context otherwise requires the following words and expression shall have the following meaning:-
(a)Government:Shall mean the Government of United Republic of Tanzania to which the Union is established.
(b)Court:Shall mean the Labour Court of Tanzania as established by Labour Institution ACT No. 7 of 2004.
(c)Employer:Shall mean the Company Southern Sun Dar es salaam.
(d)Union:Shall mean Conservation, Hotels, Domestic, Social Services and Consultancy Workers Union (CHODAWU)
(e)General Manager:Shall mean the General Manager of Southern Sun Dar es salaam.
(f)Managing Director:Shall mean the Managing Director of Southern Sun Dar es salaam
(g)Management:Shall mean any Officer of the Company duly authorized by the Managing Director or delegated by him to act on his behalf.
(h)General Secretary:Shall mean the General Secretary of the Conservation, Hotels, Domestic, Social Services and Consultancy Workers Union (CHODAWU)
(i)Union Representative:Shall mean the any Officer of the Union duly authorized by the General Secretary or delegated by him to act on his behalf.
(j)Union Field Branch:Shall mean the field branch at a workplace or as defined by the Employment and Labour Relations Act No. 6 of 2004.
(k)Employee:Shall mean any person under the contract of Permanent or on contract terms.
(l)Union Member:Means any employee of the Company who has taken membership of or joined the Union.
(m)Country:Means the geographical area known as United Republic of Tanzania.
(n)Spouse:Shall mean employees Wife or Husband notwithstanding that a male employee has more than one wife.
(o)Immediate Family:Shall mean one wife and up to four children below 18 years either by birth or Adoption who are wholly dependent on the employee. Provided that the above does not exceed a total of six people including Husband, Wife and 4 Children.
(p)Written Laws:Shall mean all Ordinances, Acts of Parliament and Constituent Assembly of Tanzania, Subsidiary Legislation, Presidential; Orders as indicated in the interp………
General Clause Ordinance Cap No. 1 of the Laws of Tanzania (as amended from time to time).
(q)Domicile:Shall mean a place in the country where a person originated (Home)
(r)Basic Salary:Shall mean the payment with direct bearing to employment compensation and shall not include the term Allowance.
6.SOLVING INDUSTRIAL DISPUTES
All disputes arising at work places between employer and employee shall be dealt with under the Employment and Labour Relations Act No. 6 of 2004 and Labour Court of Tanzania under Labour Institutions Act No. 7 of 2004.
7.MATTERS OF TERMS AND CONDITIONS OF EMPLOYMENT.
7.1Engagement.
The Company (Employer) shall carry out recruitment or employment form the Labour Market, which will be done on merit regardless of race or place of origin or gender. For any available vacancy the Employer shall issue an advertisement through public media or personnel agencies or by any other suitable and reasonable means.
On engagement the employee shall be given three copies of a letter of appointment. The employee shall sign the original of this letter, which shall clearly indicate the job title and salary offered.
(The job description shall be provided to show responsibilities one is employed for)
7.2Probation.
(a)On employment all person engaged by the Employer shall be on probation in the first instance, the probationary period shall not exceed six months duration.
(b)During this period either side may terminate employment by giving one month's notice or one month's pay in lieu of notice.
(c)Where the performance of an employee under probation period is found unsatisfactory, the probation may be extended in writing, pointing out the shortcomings. Such extension shall not exceed three months provided that the probation period elapses and there is no written extension the employee shall be deemed to have been confirmed and Extension time barred. This shall also apply to employees engaged on specific tasks, if he/she worked for more than required time and he/she shall not be put under probation.
8.EMPLOYEE COMMUNICATION.
8.1
Communication to employees in respect of terms and condition of service, disciplinary matters and house rules shall be in written form and signed for by the employees as an acknowledgement of receipt.
8.2
The right to issue general communication though circulars is reserved to the Employer or his appointee by way of notice and regulation, which should be displayed conspicuously on staff notice board and the contents thereof, shall be taken to be sufficient.
8.3
Refusal of an employee to accept a letter communicated to him/her shall constitute an offence.
8.4
Where the employee has absconded or deserted, communication will be made though telephones, postal address, e-mail, and a copy of such message to the Chairman of CHODAWU Branch Office for reference.
9.SALARY AND SALARY INCREMENT
Both Parties have agreed that the minimum wages will be as follows:
9.1
For new employees and those on probation, the salaries will be as follows:
Basic salary: Tanzania shillings 470,000.00=$294
Housing allowance: Tanzania shillings 20,000.00=$13
Transport allowanceTanzania shillings 10,000.00=$6
Total Tanzania shillings 500,000.00=$313
9.2
Minimum salary for all Staff (after probation) will be as follows:
Basic salary: Tanzania shillings 600,000.00=$375
Housing allowance: Tanzania shillings 30,000.00=$19
Transport allowanceTanzania shillings 20,000.00=$13
Total Tanzania shillings 650,000.00=$407
9.3
Minimum wages for supervisor level will be as follows
Basic salary: Tanzania shillings 850,000.00=$531
Housing allowance: Tanzania shillings 60,000.00=$38
Transport allowanceTanzania shillings 20,000.00=$13
Total Tanzania shillings 930,000.00=$582
9.SERVICE CHARGE
The Company shall operate a service charge system levied at the rate of 10% on food , accommodation and beverage revenue that shall be distributed equally to all employees other than Management Staff.
10.STAFF MEALS
That the employer shall provide reasonable duty meals to the employee at the Hotels.
11.ANNUAL LEAVE.
11.1
All employees are entitled to 30 calendar days annual leave on completion of twelve (12) Month's consecutive service. This annual leave is calculated at 2.5 days per month.
11.2
That the employer shall pay an annual leave allowance of Tsh. 300,000.00 =$188 per year.
12.MATERNITY LEAVE
12.1
12.2
13.SICK LEAVE
It is agreed that employees shall be entitled to sick leave as recommended by the company's approved Doctor in each period of twelve months consecutive periods as follows:
(a)When an employee takes sick leave “leave arising out of illness of injury” for the first three months (90 days) he/she will receive full pay.
(b)If he/she continues to be sick he/she will be entitled half the wages for up to three months (90 days).
(c)If the employee continues to become sick then the employer shall terminate the services of such an employee on medical grounds on opinion of the authorized medical practitioner.
14.COMPASSIONATE LEAVE
14.1
That if an employee requests compassionate leave to attend to the needs of an immediate family member who is seriously ill or has died he/she shall be granted 7 (five) days paid compassionate leave.
14.2
In the event of other emergencies arising, the employee is entitled to take part of his/her annual leave or accumulated days off which will be granted at management discretion. It should be noted that compassionate leave if not taken subsequently be claimed or survive to succeeding period.
15.MEDICAL TREATMENT
15.1
That the employer shall provide free medical treatment to every Employee and his/her immediate family of up to four children below eighteen (18) years of age at a Dispensary or Hospital designated by the employer.
15.2
That is an employee in an emergency situation attends recognized Hospital other than one designated by the Employer then all expenses shall be reimbursed but only on presenting valid receipts.
15.3
In the event of an employee being referred by the authorized Medical Practitioner or Lodge Clinical Officer he/she will be entitled to the payments of two night allowances as follows:-
oCities at the rate of ………………….Tshs. 70,000.00=$44
oRegional Headquarters at the rate of Tshs. 60,000.00=$38
oDistrict Headquarters, at the rate of Tshs. 50,000.00=$31
And transport fare at current public transport charges or the company may provide accommodation on fullboard basis at a designated center.
15.4
That if so advised by the doctor that the employee's time for treatment has been extended the maximum payment for night allowances shall not exceed five days (5). All imprests must be accounted for with proper receipts on return. Any money unaccounted for or non-genuine claims shall be recovered from the employee's salary.
15.5
That in case of purchase of medicines the employee shall produce a proper Legal receipt for the purchases of such medicine as prescribed by the Company designated or referral doctor.
15.6
That the company's medical scheme shall not cover the following items:
(a)Artificial Dentures
(b)Luxury ornamental framed spectacles
(c)Venereal Disease.
(d)Maternity cases other than caesarian
(e)Abortion
(f)Alcoholism and injuries sustained while under the influence of drugs.
(g)Self inflicted injuries.
(h)Injuries sustained when participating in dangerous sports.
16.DEATH OF AN EMPLOYEE
16.1
If death occurs of an employee, the Company shall provide a coffin, shroud, transport for the body and immediate family to the place of burial.
16.2
Four employees shall accompany the body to the place of burial. Such staff shall be provided with night allowance with the following breakdown:-
oCities at the rate of Tshs. 70,000.00=$44
oRegional Headquarters at the rate of Tshs. 60,000.00=$38
oDistricts Headquarters, at the rate of Tshs. 50,000.00=$31
17.UNIFORMS.
17.1
That the employer shall provide uniforms to all uniformed employees according to the nature of their work, which shall include but not be limited to shoes, gloves and any other protective clothing.
17.2
The employee undertakes to look after his/her uniform, in case of loss of carelessly damage the employee will meet the cost of replacement.
18.SPECIFIC TASK EMPLOYMENT
.
That if a temporary employee has been in the employment for nine consecutive months, he/she shall be entitled to be permanent employee in accordance with the provision of the Labour Relations Act No. 6 of 2004.
The employee shall forthwith be entitled to all provided as to a permanent employee in this agreement.
19.CERTIFICATE OF SERVICE
That where the employer terminates an employee's service he/she shall be issued with a certificate of service unless the employee has not completed his/her probationary period, the certificate shall contain the following:
(a)The name of the employee
(b)The date when employment commenced.
(c)The date when employment ceased.
(d)The nature and usual place of employment.
20.TRANSPORT
20.1
That, the employer will provide transport to Lodge staff where accommodation is not provided within the lodge premises so that employees reach their respective place of accommodation/work in safety after day/night work and in the morning for the start of work.
21.INCIDENTAL ALLOWANCE:-
(i)Where an employee travels on duty and accommodation and food is provided an incidental allowance shall be paid to him or her at the rate of Tsh. 25000=$16 per day.
(ii) Where an employee travels on duty within East Africa and outside Tanzania and
accommodation and food is provided, an incidental allowance shall be paid to him/her at
the rate of Tsh.50000=$31
22.ACTING ALLOWANCE.
Where an employee is required in writing to act in a position of higher grade for a period of 21 or more days, he/she shall receive, in addition to current earnings, ninety percent (90%) of the difference between his/her salary and the salary of the person that they shall be replacing in an acting capacity, provided that the employee who so acts, assumes full responsibility and duties covered by the appointment.
When an employee acts in a position of a higher grade for a period of more than one year he/she shall be confirmed to that position.
23.TERMINATION
In any event of termination, the following should be considered:
Time in employment: Termination Notice: Payment in
- Six month and above Two month Two months
Terminated staff will be entitled to receive the following benefits:
a.One month salary for every completed year in service.
b.Transport of his/her family (him/her, wife, Husband and four children under twenty one years of age provided they are still at school, recognized by the employer, to the domicile.
c.Transport of belongings not more than five tons.
d.Other statutory terminal benefits as prescribed by law.
An employee wishes to stop his / her employment will follow the terms as per CAP 7.2 (b) of this contract.
24.RETRENCHMENT
Both sides agree on punctuality and responsibility of restricting existing workforce to retrenchments.
24.1
Retrenchment should take place after the management of Southern Sun Dar es salaam consults the CHODAWU branch and regional level for solution other than retrenchment.
24.2
If retrenchment is unavoidable the two parties shall In addition, the following criteria shall be considered:
1)Performance and experience
2)Length of service
3)The need to retain key jobs
4)Experience or skills
5)Affirmative action and qualifications
6)FILO System (First In Last Out)
(If the solution as in CAP 8.2 fails, the FILO system (first in last out) shall be applied).
24.3
Retrenched employees shall receive first preference should a position become vacant within the first six months of retrenchment.
24.4
The retrenched employees will be paid as follows:-
a.One month salary for every completed year in service.
b.Transport of his/her family (him/her, wife, Husband and four children
under twenty one years of age provided they are still at school,
recognized by the employer, to the domicile.
c.Transport of belongings not more than five tons.
d. Other statutory terminal benefits as prescribed by law.
25.RETIREMENT
We agree that the retirement age will be sixty years (60). An Employee who has been diagnosed unfit for work by the Company Physician recognized by the Government will be categorized as being terminally ill and therefore will qualify for Early Retirement
An employee ready for retirement has the right to receive six months notice in writing.
26.GRATUITY
An employee retiring according to CAP 25 will be paid thirty percent (30%) of His/ Her annual salary of his/her retiring year in service.
Retired staff will be paid all his statutory terminal benefits together with transport as outlined here below:
a. One month salary for every completed year in service.
b. Transport of his/her family (him/her, wife, Husband and four children under twenty one years of age recognized by the employer, provided they are school going, to the domicile.
c. Transport of belongings not more than five tons.
d. Other statutory terminal benefits as prescribed by law.
27.STAFF TRAINING / SKILL DEVELOPMENT
The company undertakes to train and develop its employees to equip and or improve them in their day to day activities for efficiency.
28.STAFF WELFARE
Long service awards: as the company recognizes servicing of its employees from 5 years by presenting a suitably inscribed certificate and cash award as a token of the company's appreciation and esteem for the service rendered by the employee as follows:
o5 Years: two months' salary
o10 Years: three months salary
o15 Years: four months' salary
o20 Years: five months salary
29.
29.1BEST WORKERS AWARD:
The employer will provide the Trade Union access to office facilities as per laws CAP 8 (c) chapter 574.
29.2
The trade union representatives together with heads of departments will select the best worker from each department and an overall winner will be voted by the entire staff and the best worker will represent the company at the May Day venue.
29.3
The over all three winners will be awarded as CAP 30.1 by the guest of honor at the May Day venue while the rest will be awarded with Tshs. 600,000/- (In words; Six hundred thousand only) each, on special occasion planned by the employer $ 375.
29.4
The Employer and the Union will select three names of best workers of trade union branch committee, and thereafter the general workers meeting will vote and announce one of the three to be the best “Trade Unionist” of the year. The Employer will award the Winner TZS 800, 000.00 (In words; Five hundred thousand only) $ 500 .
30.MAY DAY BEST WORKERS AWARD:
The employer shall recognize the May Day Celebrations and provide suitable awards to best workers as follows:
30.1
Best Employee of the year at hotel Level/regional/Southern Sun Dar es salaam to be as follows:
-First Tshs. 1000,000.00=$625
-Second Tshs. 800,000.00=$500
-Third Tshs. 600,000.00=$375
31.
The Southern Sun Dar es salaam CHODAWU Branch Committee shall meet after every quarter of the year to discuss matters of the staff and the company. The second and fourth meeting will be done jointly with Southern Sun Dar es salaam.
32.
This agreement will be subject to review should any clause contravene the Labour Institutions Act No. 6 of 2004 and Employment and Labour Relations Act No. 7 of 2004.
For and on behalf of
SOUTHERN SUN DAR ES SALAAM For and on behalf of
Conservation, Hotels, Domestic, Social Services and Consultancy Workers (CHODAWU)
1.Mr…………………………………
Managing Director Southern Sun Dar es salaam
1.Mr. Said S. Wamba,
General Secretary
2.Mr. …………………………………
General Manager Southern Sun Dar es salaam
2.Mr. ………………………………………..
Regional Secretary
3.Mr. …………………………………..
Group Human Resource Manager
3.Mr. ……………………………………….
Chairman Southern Sun Dar es salaam CHODAWU Committee
4.Mr. ………………………………………
Human Resource Manager Southern Sun Dar es salaam 4.Mr. …………………………………………..
Secretary Southern Sun Dar es salaam CHODAWU Committee
