COLLECTIVE BARGAINING AGREEMENT BETWEEN SERENGETI BALOON SAFARIS AND CONSERVATION, HOTELS, DOMESTIC, SOCIAL SERVICES AN CONSULTANCY WORKERS UNION (CHODAWU)
Article 1: Introduction
Clause i: 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 SERENGETI BALOON SAFARIS (herein to be referred to as Employer).
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 SERENGETI BALOON SAFARIS (herein to be referred to as Employer)
Article 2: Recognition.
Clause i: The employer accepts to recognize CHODAWU being the sole representative of all employees in positions covered in this agreement and employed by SERENGETI BALOON SAFARIS.
Clause ii: CHODAWU on its side recognizes that SERENGETI BALOON SAFARIS as the sole employer with the responsibility of employing, directing and leading the workers of SERENGETI BALOON SAFARIS.
Clause iii: That within this agreement both parties agree to abide with the following:-
• Improve the Company’s service and operations.
• Improve the workers remuneration and welfare
• Improve the efficiency and increase labour productivity with a view to improving profitability.
• Foster peace and harmony between the employees and the employer.
Article 3: 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 Serengeti Baloon Safaris.
(d) Union:Shall mean Conservation, Hotels, Domestic, Social Services and Consultancy Workers Union (CHODAWU)
(e) General Manager:Shall mean the General Manager of Serengeti Baloon Safaris.
(f) Managing Director:Shall mean the Managing Director of Serengeti Baloon Safaris
(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.
(1) 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.
Article 4: 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.
Article 5: Matters of Terms and Conditions of Employment.
Engagement.
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) Probation.
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.
During this period either side may terminate employment by giving one month's notice or one month’s pay in lieu of notice.
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.
Article 6: Employee Communication.
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.
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.
Refusal of an employee to accept a letter communicated to him/her shall constitute an offence.
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.
Article 7: Job Grades (See Appendix A)
Article 8: Minimum Wage
The minimum wage according to this agreement is Tsh................................Basic salary from...................... of this amount as housing allowance which was mutually
agreed unless the government declares a new minimum wage above this.
Article 9: Service Charge
The Company shall operate a service charge system levied at the rate of 6% on food and accommodation and 2% on beverage revenue that shall be distributed equally to all employees other than Management Staff in Categories E and above, without deductions for breakages.
Article 10: Staff Meals
That the employer shall provide reasonable duty meals to the employee at the Work place.
Article 11: Overtime
It is agreed that the employer shall pay for any extra time that an employee may be required to work above the normal working hours at the rate of one and a half time per hour of the time worked in excess of 45 hours.
Article 12: Public holiday
Where an employee works extra hours in a public holiday/rest day which is not his/her rest day He/She shall be paid double.
Article 13: Termination of Employment.
After completion of probation period, the employment shall be terminated by either party by giving written notice or pay in lieu of notice as per the labour law.
The employer shall pay transport to the employee who has been terminated to the place of domicile (Home).
Article 14:Suspension.
The employer reserves the right to suspend an employee's service on full pay for the following reasons:
(a) Pending a decision by the Commission for Mediation and Arbitration (CMA) and Labour Court.
(b) Pending Criminal Proceedings.
(c) Pending an investigation of alleged misconduct.
(d) Suspension for gross misconduct which shall not exceed 14 days.
Article 15: Redundancy.
That where the employer intends to carry out redundancy, the employer shall written to the CHODAWU Field Branch Office with a copy of such letter/notice to CHODAWU district level and Regional level, setting out reasons for the redundancy and number of employees to be affected by the exercise. Notice of such exercise shall not be less than one calendar month. Where there is no Union Field Branch the management shall consult the respective Regional CHODAWU Authority.
That unnecessary redundancy is avoided as much as possible.
Employees to be affected by the redundancy shall be based on the First in Last Out (FILO) rule, but without prejudice to that generality, regard will be given to employee’s performance of his/her duties, age/experience, expertise and discipline.
That if redundancy is to be carried out the two parties to this Agreement shall discuss and agree on the payments to the Employees to be affected by the redundancy.
That in event of a vacancy arising with the employer subsequent to redundancy, those employees who qualify for such positions and were affected by the redundancy shall be given priority in filling such vacancy however, regard will be given to their former post and their prior performance.
Article 16: Annual Leave.
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.
That the employer shall pay an annual leave allowance of Tsh. 120,000.00 per year.
Article 17: Maternity Leave
That all female employees shall be entitled to ninety (90) days leave after every three years and 100 days maternity leave to the birth of more than one child. And that she will be entitled to two hours every working for breast-feeding for three months after the maternity leave.
That a male employee shall be entitled to seven days paternity leave to one legal spouse.
Article 18: 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.
Article 19: Compassionate Leave
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 5 (five) days paid compassionate leave.
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.
Article 20: Medical Treatment
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.
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.
In the event of an employee being referred by the authorized Medical Practitioner or Work place Clinical Officer he/she will be entitled to the payments of two night allowances as follows:-
•Cities at the rate of Tshs. 70,000.00
•Regional Headquarters at the rate of Tshs. 60,000.00
•District Headquarters, at the rate of Tshs. 50,000.00
And transport fare at current public transport charges or the company may provide accommodation on fullboard basis at a designated center.
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.
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.
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.
Article 21: Death of an Employee
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.
Four employees shall accompany the body to the place of burial. Such staff shall be provided with night allowance with the following breakdown:-
• Cities at the rate of Tshs. 70,000.00
• Regional Headquarters at the rate of Tshs. 60,000.00
•Districts Headquarters, at the rate of Tshs. 50,000.00
Article 22: Uniforms.
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.
The employee undertakes to look after his/her uniform, in case of loss of carelessly damage the employee will meet the cost of replacement.
Article 23: 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.
Article 24: 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.
Article 25: Transport
That, the employer will provide transport to Work place staff where accommodation is not provided within the work place 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.
Article 26: 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 Tshper 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
Article 27: 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.
Article 28: Housing
That the employer shall provide accommodation for all the employees at the Work place/Camp. House Allowance shall be calculated at 15% of the employee's basic wage.
Article 29: Night Out Allowance
The Company shall pay night out allowance or provide accommodation and meals to staff that are travelling out of their work stations on official duties. The payments will be made on the following breakdowns:-
• Cities at the rate of Tshs. 70,000/=
• Regional Headquarters at the rate of Tshs. 60,000/=
• Districts Headquarters at the rate of Tshs. 50,000/=
Article 30: Retirement.
That an employee, who has attained the age of 60 years, shall retire.
That, at the age of 55 years the employer may request the employee to retire or the employee may opt to retire.
That a retiring employee as defined in clause I and ii shall be entitled to be paid retirement gratuity as follows:-
(a) An employee with up to ten years service, ten (10) days salary and ten (10) days house allowance for every completed years of service.
(b) An employee with above ten years service and below seventeen years, fifteen (15) days salary and fifteen (15) days house allowance for every completed year in service.
(c) An employee may be retired on medical grounds prior to attaining the age of 60 years. In this case a certificate from a medical practitioner must be produced for such grounds to be valid.
(e) In all cases of retirement whether upon attaining the retirement age or on Medical grounds, the employee’s service shall be terminated as per the provisions of Article 13 Clause ii.
(f) A retiring employee shall be provided with transport for his belongings and family back home.
Article 31: General Wage Increase.
The management will every year assess Company’s performance and after appraising the staff, determine the Company’s ability to review the staff salaries.
Article 32: 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.
Article 33: Job appropriation and sucession
The policy will be in accordance with existing legislation,
Article 34: 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:
• 5 Years: Tshs. 180,000.00
• 10 Years: Tshs. 340,000.00
• 15 Years: Tshs. 540,000.00
• 20 Years: Tshs. 750,000.00
May Day Best Workers Award:
The employer shall recognize the May Day Celebrations and provide suitable awards to best workers as follows:
(i) Best Employee of the year at Work place Level/Camp/Serengeti Baloon Safaris to be as
• FirstTshs. 360,000.00
• Second Tshs. 300,000.00
• ThirdTshs. 180,000.00
Article 35
The Serengeti Baloon Safaris 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 Serengeti Baloon Safaris.
Article 36: Validity period and amendment of Agreement.
.........................................period and amendment of Agreement.
Both parties agree that this agreement will come into effect on and shall
remain operational for a period of two (2) years (twenty four months from the above date), and until such a time as a new agreement shall be signed between both parties.
Both parties that this agreement will be reviewed on
Clause ii Should either party wish to amend any clause covered in this agreement other than where amendment is for purposes of conformity with any enacted Employment Law, they shall give one month’s notice of the intention to amend the whole or any part of this agreement.
The amendment shall not become operational upon agreement by both parties with no retroactive effect. Provided that where no agreement is reached, the clause or part of the agreement intended for amendment shall remain suspended until both parties mutually reach an agreement.
Article 37 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
SERENGETI BALOON SAFARIS Safari Work place
1. Mr
Managing Director Serengeti Baloon Safaris
Conservation. Hotels, Domestic, Social Services and Consultancy Workers (CHODAWU)
1 Mr. Said S. Wamba,
General Secretary
