COLLECTIVE BARGAINING AGREEMENT BETWEEN TANZANIA MINES, ENERGY, CONSTRUCTION AND ALLIED WORKERS UNION {TAMICO)

AND MIDWEST MINERALS PROCESSOR LTD

1.0. PREAMBE

We, Tanzania Mines, Energy, Construction and Allied Workers Union (Known in a short form as TAMICO) and the Management Midwest Minerals

Processor Ltd (as employer) of P.O.Box...Tel.Nodo here by

agree and confirm that on our own free will and mutual understanding have reached an agreement on the following areas of service and employment.

2.0. RECOGNITION.

(a)The Employer recognizes and respects TAMICO as the sole Workers Trade Union representing their interests in any matter concerning Term and Condition of Employment.

(b)TAMICO similarly recognizes and respects Midwest Minerals

Processor Ltd. as Employer of all Workers of the Company and its Subsidiary Companies.

(c)The employer agrees to assist the union in collection of membership) dues is follow/ conditionality: -

(i)That every Worker who is member of the union will have to sign

Designated forms requesting the management to deduct the Union due from his salary and submit to the Union Account No. 010103005860 NBC Kichwele Branch Dar es Salaam.

(ii)The Employer will prepare the list of the Employees from whom

the dues were deducted and submit to the Union Headquarters for accounting purposes.

(iii).At all times the Union has attained over 50% of the Workers membership the Employer will deduction the Union service dues of equal to membership monthly dues from the wages of all the Employees who are not yet Union members' and likewise submit the same to the Union Account No. 019103005860 NBC Kichwele Branch Dar es Salaam.

(iv)The Employer will prepare the list of names of the Employees from whom the service dues were deducted and submit to the union Headquarters in Dar es Salaam.

(v)From then on the employer will recognize TAMICO as Sole Bargaining Agent

for its employees.

3.0. APPLICATION

(a)All rights and privileges contained in this agreement will apply to all Midwest Minerals Processor employed members of TAMICO

(b)Each individual member of TAMICO is responsible for the contents of this agreement signed on his/her behalf by TAMICO officials.

(c)When the Employer deducts union service dues from the non - employees, this agreement will apply to all persons employed

unionized by the Company except the non - Tanzania employees.

(d)This agreement is not applicable to Migrant Workers (143 ILO Conv.) and the ex-patriates brought in by the Company as experts.

(e)This agreement will apply as soon as signed by the union and the

Employer

(f).The agreement will remain enforce for a period of twelve months from the date of signing but it may be extended by written agreement of the two parties.

3.1. Interpretation:

(i)The Union means Tanzania Mines, Energy, Construction and Allied Workers Union (TAMICO).

(ii)The employers mean the management of the Midwest Minerals Processor Ltd.

(iii)Foreigners - Workers who are not Tanzania citizens or those working under foreign contract of employment with the employer.

(iv).Skills - Means Educational/ Technological capability required for the job performance.

4.0 EMPLOYENT

(a). All employment contracts priority must be given to citizens of the United Republic of Tanzania (Local Workers). Except where no local personnel is available with the skills.

b)Managerial posts to be solicited in Tanzania but due to criteria and provisional qualification, if no body meets the requirement the company can recruit from outside the country after Board of Directors’ authorization for same.

c)Whenever there is a vacancy for a permanent employment the priority shall be given to seasonal workers who have worked for the company for more than six - months depending on the possession of the skills for the job.

5.0. EMPLOYMENT STANDARDS

(a)Must be adhered as stipulated in the scheme of service, company staff regulations, collective agreement and the Labour Laws.

(b)Under no circumstances nor reasons will gender discriminatory actions, behavior or treatment to the female employees be allowed in all company’s work areas.

(c)Should a need a rise for searching at the gate or in the company’s Promises rules for decency must be observed. Female employee should be searched by another female. No male employee will search female employee.

(d)All employees of the same employment sector should be equally treated in numerations, leave and permission of absence from work etc. Without regard to the gender preference.

e) Should u need a rise for searching an employee property or his place of work or residence he/she must present with some other witness preferably a union branch leader.

(f).No discriminatory language or behavior of looking upon one race or nationals as particularly prone to thefts laziness or any other poor work performance shall be allowed at place of work because the management is always at liberty to apply disciplinary action to any poor work - performers.

(g) All gates, doors or outlets to the mines should always be left open and doors should be opened outwardly to facilitate easy escape by working persons should a need a rise eg. In a case of accident.

(h)For the employees working in underground pits should be provided with protective gears/ clothes, clover, shoes, gloves and other amenities.

(i)The provision of fresh clean drinking water and reliable food should be taken care of so as to safe guard workers’ health, efficiency and harmony at work - place.

6.0. TERMINATION OF EMPLOYMENT AND RESIGNATION

(a) For basic reasons, whenever necessary, the employer may terminate the service of an employee by giving him/ her a notice as follows:-

i.All employees who have worked for the company for less than six months should be given one month notice.

ii.Employees who have worked for more than one year should be given three months notice or three months salary in lieu of notice.

iii.An Employee may terminate or resign service by giving a notice of one month or one month salary in Jieu of notice.

7.0. RETIREMENT

Every employee will have to retire voluntarily at the age of 55 years and compulsory at the age of 60 years according to the Employment Labour Relation Act. An Employee who retires due to old age 55 - 60 he should be paid a Golden shake hand as follows:-

(a)He/ She will be paid TWO months salary times number of years

(b) Transportation of Luggage’s 7 tons to place of domicile, severance pay.

(c)Full fare for his/her, wife/ husband and four children to place of domicile.

(d)Employee to be awarded 50 pcs of corrugated iron sheets of 28 gauges.

(e)Employee to be awarded 50 bags of cement weighing 50 kgs each.

(f)These payments be in addition to his all other statutory entitlements under the labour laws of the country.

9.0. REDUNDANCY

8.0. MEDICAL CARE.

Should the need for terminating employment contract on medical ground

arise, the following will be observed:-

(a)The Doctor should certify to that effects and should show if the cause of incapacity work, related or natural Causes.

(d)The Payment of this compensation for job - related causes will be in addition to statutory compensation paid under the Tanzania Laws of the worker men’s compensation currently in force.

9.0. REDUNDANCY

(a)Redundancy measures shall be taken only when it is inevitable and The Employer shall inform TAMICO Branch Committee and TAMICO Regional Office of his intention to restructure six month Before redundancy.

(b)When selecting the list of those to be laid off those with special work problems should be the first to go special problems means those with chronic disciplinary matters, sick - records; after this list is exhausted the first employed should be the last out.

(c)Other redundancy benefits shall be discussed with TAMICO before redundancy implementation.

(d)Union leaders should be the last to be given redundancy.

(e)Terminal Benefits

(i)Employee will be paid four months Salary in lieu of notice.

(ii)Transportationof his/her family and belongings not exceeding 7 tons to place domicile using available means of transport like Road and Railways.

10.0. LEAVE

11.0. INCENTIVES.

(a). The employee in 'essence of increasing productivity at work place will provide the following motivation to employees:-

(i)House allowance (2 rooms x 20,000/ = @ 40,000/= per month.

(v)Medical allowance Tshs. 50,000/= per month.

(vi)Out of station allowance TshS 70,000/= per day.

(vii)Responsibility allowance categorized due to rank 5 - 20% of basic salary per month.

(b)Loans

The company will provide non interest loans to workers as follows:-

(i)Cash loans for emergency issues like school fees to children, death and illness.

(ii)Loan for building houses purchase of furniture and other Commodities

(iii)Loan should be recovered from monthly salary deductions which should not exceed 20% of the monthly salary.

12.0. TAMICO MEMBERSHIP

a)Any employee eligible for the membership shall become member immediately from the effective date of this agreement.

b)Any new employee shall be required to become the Union member immediately after he is employed by the company.

c)Because we have achieved 50+1 percent all employees be deducted Union dues and submit to Headquarters account within 10 days after deductions.

15.0 DISPUTY MACHINERY

(a) It is agreed that disciplinary matter shall be dealt with in

accordance to the Labour Laws Act Number 6 of 2004 and the Labour Institutions Act No. 7 of 2004.

(b) Both parties agrees that each part, shall play a role of

Maintaining harmonious Industrial Relations so as to avoid Labour conflicts; therefore know how to use very peaceful and lawful means to maintain our relations.

16.0 DEATH AND FUNERAL

17.0.DURATION OF THE AGREEMENT

(a).This Agreement shall take effect fromand

Shall be valid for from the effective date.

(b).Notwithstanding, what was said in above this agreement will remain valid until is replacement by a New Agreement.

(c).Both parties will have right to review or amend any clause of this agreement by giving a written notice of one month.

(d).Should the present Employer sale his share or should Midwest Minerals Processor Ltd. ownership change to another owner or share holders before the expiration of this agreement, the new owner will inherit and implement this agreement for the duration of its validity.

CONCLUSITION

We hereby confirm/conclude this agreement by signing here under this dateday of 2010:

For and on behalf of

TANZANIA MINES, ENERGY, CONSTRUCTION AND ALLIED WORKERS UNION (TAMICO),

P.O. BOX 1191,

SHINYANGA.

1.Name:

Rank:

Signature:

2.Name:

Rank: ,

Signature:

3.Name:

Rank:

Signature:

For and on behalf of

Midwest Minerals Processor LTD.

P.O. BOX 218,

MWADUI.

1.Name:

Rank:

Signature:

2.Name: ......

Rank:

Signature:

3.Name:

Rank:

Signature: