RECOGNITION AGREEMENT ENTERED BETWEEN STRABARG INTERNATIONAL GMBH (The Employer) AND TANZANIA MINES, ENERGY, CONSTRUCTION AND ALLIED WORKERS UNION (TAMICO) (The Union)

JULY 2013

INTERPRETATION OF TERMS

Bargaining Unit: Means the unit of employees other than expert, members of senior management staff responsible for making policy and those authorized to conclude collective agreement on behalf of the employer.

Branch Officials: Union Branch chairman and secretary.

Commission: Means the Commission for Mediation and Arbitration – CMA.

Departments: Define functional work areas which are Construction, Community relations, Maintenance, Administration, Environment, Health and Safety, and Finance and Human resource

Employer: means; STRABARG INTERNATIONA, GmbH Tanzania

Industrial Action: Means a strike or lockout as defined in the Act.

Official of a Registered Trade Union: Is union member who has been legally elected to be a TAMICO leader in any of its structure apart from the union office bearer or union representative at the branch level.

Parties: Parties to this agreement are Employer and the Union

TAMICO General Secretary: Secretary General at the National level.

TAMICO Union Officials: TAMICO Officials from the District, Regional and National Structures, Also used interchangeably with trade union Officials or Officials.

TAMICO: Tanzania Mines, Energy, Construction and Allied Workers’ Union STRABARG Union Branch.

TAMICO Leader: Means a member of TAMICO elected or nominated to perform TAMICO duties according to its Constitution

The Act: Means the Employment and Labour Relations Act No.6/2004.

Union: Means the union branch of Tanzania Mines, Energy Construction and Allied Workers’ Union (TAMICO) based at STRABARG Tanzania Road construction Projects,

Union General Meeting: Is the meeting that involves all members.

Union Members: Employees who have signed to be member; and members of the Union.

Union Office Bearer: Means an employee who is a union member and has been legally elected by fellow union members to be either the branch Chairman or branch Secretary, or any other union representative who has been mandated by the respective office bearer to act on behalf of that office bearer, when (s) he is not at the STRABARG site for whatever reason.

Union Representatives: An employee who is union member elected by his fellow members within the Department to represent them.

Union Secretary: An employee who is a union has elected by union members at the General Meeting at the workplace to serve the office for 5 years. Used interchangeably with Union Branch Secretary and secretary.

Words, unless specifically provided otherwise, shall have the meaning ordinarily interpreted under the Act.

Zonal Secretary: TAMICO Secretary for four (4) Government regions that makes one TAMICO Region, these are Dare salaam, Coast, Lindi and Mtwara.

1: GENERAL PRINCIPLES;

1.1

The parties have entered into agreement to facilitate cooperative industrial relations between the Employer and the employees and to give effect to the parties, rights and obligation in terms of the Tanzania Legislation.

1.2

The parties that sound fair management and labour relations are essential to the promotion of goodwill and economic well being of both the Employees and the employer.

1.3

The union acknowledges its responsibilities to ensure that Union members, Union Representatives, and Union Officials understand all agreements between the parties , and the Employer acknowledge its responsibility to ensure that the Employer understands the provision of all such agreements.

1.4

The parties will endeavor in good faith to seek reasonable and satisfactorysolution to any disputes, which may arise between them, and undertake to process all disputes in accordance with the procedures referred to in this agreement. The parties undertake to negotiate or consult with each other if they anticipate a dispute may arise that may lead to any form of industrial action.

1.5

The parties agree that, it is their intention to prevent as far is reasonably possible, any industrial action in contravention of the Tanzania legislation and to alternative method of resolving the dispute underlying the industrial action.

1.6

The Union recognizes that the Employer has, and shall continue to have, the right to conduct its business and managerial functions inaccordance with its policies and strategies, as long as the interests of both parties are safeguarded.

1.7

The parties agree that the relationship, shall be one of mutual respect, and that negotiations shall be conducted in cordial, polite and respectful manner at all times.

1.8

The union will, within 10 days of signature of this agreement, provided the Employer with a certificate copy of its constitution. The union undertakes to furnish the Employer with a certified copy of any amendment to the union’s constitution within one (1) month of the amendment being passed.

1.9

All time involved for union representatives carrying out duties defined in this agreement shall be regarded as part of their normal duties.

1.10

The employer shall not discriminate an office bearer, a union representative, an official of a registered trade union or a union member in regards to his/her disciplinary proceedings or performance appraisals in references to his/her duties on behalf of the union

1.11

The employer’s management and the union leadership, including union representatives, undertake to encourage their constituencies to act in the following ways:

I. To treat one another with respect and courtesy.

II. To act in ways which develop trust.

III. To be participative and proactive in responding to challenges.

IV. To work as partners to develop outcomes which benefit all.

2. RECOGNITION AND REPRESENTATION

2.1

The Employer recognizes the union as per section 67 (1) of Employment Labour Relations Act No. 6 of 2004. “ A registered trade union that represents the majority of the employees in an appropriate bargaining unit shall be entitled to be recognized as the exclusive bargaining agent of the employees in that unit”

2.2

The Union may approach the Employer for a formal recognition agreement once a significant percentage of Union Members is achieved in accordance with the ratified International Labour Organization (ILO) standards or any lesser percentage deemed by the parties to be a reasonable representation of the workforce.

3. TRADE UNION DUES

3.1

A union member may authorize the employer in writing to deduct union subscription from his/her salary in terms of the prescribed form.

3.2

The employer shall pay the union on or before the seventh day of the next month the aggregate amounts deducted each month.

3.3

The subscriptions collected by the employer shall be forward to the union together with a monthly schedule reflecting -:

a) A list of names, in the prescribed form of all members from whose salary the employer has made deductions

b) Details of the amount deducted, the employees place of work and period to which the deduction relates and

c) A list of any employees who have ceased to be contributors since the previous schedule provided specifying the reasons for the cessation of contributions.

3.4

A union may cancel the authorization referred to in sub clause (1) by addressing a written instruction to the employer and the union, subject to thirty days notice. The employer shall forward to the union next month schedule referred to in sub clause (3) and copy of any cancellation instructions received.

3.5

The Employer shall not be responsible for the collection of any arrears of subscription unless the arrears are the employer’s fault.

4. ACCESS

4.1

TAMICO officials shall, subject to any conditions regarding time and place that are reasonable and necessary to safeguard life or property or to prevent undue disruption of work, have access to the employer’s premises to:

4.1.1 Recruit members,

4.1.2 Communicate with members,

4.1.3 Meet members in dealings with the employer,

4.1.4 Hold meetings of employees on the premises,

4.1.5 Arrange voting in any ballot under the union constitution,

4.1.6 To conduct training and seminars.

4.1.7 To meet with the employer to discuss any pertaining issues.

4.2.0

The union shall notify the management in advance, when it has decided and arranged to hold general meetings with Union members at the employer’s premises.

4.2.1. Union officials and leaders must give a notice of at least two days to management in advance of their intention to visit the premises except in emergency cases where a notice of at least 24 hours shall suffice.

4.2.2. The employer agrees in principle to prepare and make reasonable facilities available to the union for the conduct of its business. The detail of these arrangements shall be discussed between the parties, and any agreements shall be recorded in writing and signed by both parties.

4.2.3. The Union shall furnish the employer with storable copies of all posters, brochures, pamphlets, and/or any other materials relating to union affairs posted on the company notice boards. Both parties agree that they will not post materials that would incite workers into unlawful activities.

4.2.4. Subject to clause 4.2.3. and this agreement, a TAMICO official, an office bearer, a union representative or an official of the registered trade union shall have access to the working areas to communicate and recruit members.

4.2.5. Subject to clause 4.2.4 the access will be obtained after consulting the employer subject to conditions as to time and place that are reasonable and necessary to safeguard life, property and prevent undue disruption of work. Such access will not be unreasonably withheld by the employer.

4.2.6. Notwithstanding the provision and conditions of clause 4.1.6 and 4.1.7, the office bearers, union representatives, union members and officials of the trade union working with the employer, shall have the right to recruit members at the work place at their free times, provided that life and property is safeguarded, and there is no disruption of work.

4.2.7. The union shall have the access to the employer’s intranet facility in order to communicate with workers on issues regarding the union’s business and activities on site and within its structures represented by the employee working with Mantra.

5.PROCEDURE TO ACCESS THE SITE

5.1

. The Parties agree to the following procedure to access the workplace5.1.1 The National, Regional or District Officials will make written notification and approval to the site manager at least 2 days prior to the requested day access. If not convenient another date will be set that is mutually acceptable

5.1.2 The Employer will provide a suitable room adequate facilitates, such as telephone, fax internet, table, chairs, and file cabinets , computer and printer for the union branch office.

5.1.3. The Parties agree that general meetings with employees shall be held at the Employers premises during working hours, with the prior consent of the Employer. There will be one meeting per quarter between 16:00 to 18:00 hours. This time can be changed with mutual agreement. One week notice is required for general meetings. The Employer will provide all appropriate facilities.

5.1.4 The Employer will grant access to off employees within normal working hours for the purpose of;

-Consulting office bearers

-Attending member’s meeting

5.1.6 The right to access is subject to the condition that the right of access of the meetings will not cause any undue disruption of work.

5.1.7 The Employer recognizes the right of the union to use available union notice board to post display or distribute and poster, Pamphlet and/or any other material relating to union affairs on the Employer Premises. The Human Resources Department will be provided with a copy.

5.1.8 The union shall notify the management in advance, when it has decided and arranged to hold general meetings twice a year with employees who are off-duty and day permanent at the employer’s premises.

5.1.9 Branch Committee meetings will take place once a month and will include the office bearers and the union constituency representatives. Such meetings shall be held in the employer’s premises during working hours. Venue, meeting time intervals, transport and any other meeting requirements, shall be discussed between parties, and agreements reached.

5.1.10. The employer agrees in principle to prepare and make facilities available to the union for the conduct of its business. The detail of these arrangements shall be discussed between the parties, and any agreements shall be recorded in writing and signed by both parties.

6. RIGHTS AND OBLIGATIONS OF THE UNION

6.1

Union office bearers and representatives shall have the right to represent union members during working hours in terms of this agreement, without loss of pay or fear of victimization. Union representatives shall be entitled to reasonable paid time off to perform the union functions specified under Section 62(4) of the Act.

6.2.

Subject to clause 6.1 above, a union representative shall be entitled to hold a meeting with union members at his/her constituency on the employer’s premises during working hours once a month. A Union representative shall be entitled two hours during working hours, in the week preceding the meeting, to prepare for the meeting. If there will be any emergency, the union representative shall be allowed to conduct the meeting with members at his/her constituency after serving a one day notice to his head of department.

6.3.

The employer shall provide the union with a reasonable office and office facilities to enable the union office bearers and representatives to perform union duties and keep union documents and records. The suitability of the office and the required office facilities shall be discussed between the parties and any agreement reached shall be recorded in writing and signed by both parties

6.4.

Subject to clause 6.1, and to this agreement, the union shall be entitled to hold the following meetings in the work place during working hours. Venue, meeting time intervals, transport and any other meetings requirements, shall be discussed between parties, and agreements reached will be recorded and signed by both parties.

6.5.

Branch Committee meetings, which will take place once a month and will include the office bearers and the union constituency representatives. If there will be any emergency, the branch committee will meet at any time by serving a one day notice to the employer.

6.6.

General meetings which will be conducted according to the union constitution and will include all members and other workers interested to attend. A Union branch committee shall be entitled two hours during working hours, in the week preceding the meeting, to prepare for the meeting. If there will be any emergency, the union shall have the right to call a general meeting by serving the employer a three days notification.

6.7.

The employer shall provide the union with a reasonable office and office facilities to enable the union office bearers and representatives to perform union duties and keep union documents and records. The suitability of the office and the required office facilities shall be discussed between the parties and any agreement reached shall be recorded in writing and signed by both parties.

6.8.

Subject to clause 6.3, union office bearers and representatives shall be entitled time off during working hours to use the office to perform their duties in terms of this agreement. Time off for office bearers and union representative shall be discussed between the parties and any agreement reached shall be recorded in writing and signed by both parties.

6.9.

A TAMICO official shall be entitled to represent a trade union office bearer,2 or 3 a union representatives and an official of a registered trade union at a hearing in accordance with rule 13 (9) Code of Good Practice GN 42/2007.

6.10.

The union office bearer and the union representative shall be entitled to represent the union member at a hearing in accordance with section 62 (4) (a) of the act.

6.11.

Head of the department shall comply with clause 4.7 in regards to office bearers and representatives’ permission to represent union members in the hearing proceedings.

6.12.

Subject to clause 4.1, 4.5 and 4.6, the employer will arrange the gate pass for the TAMICO official(s) to attend the hearing proceedings.

6.13.

In order to safeguard the interest of the union and ensure that new employees are acknowledged the presence of the union branch on site, the union shall be represented on every HR inductions.

6.14.

Subject to clause 5.12, the employer shall make sure that the training matrix for workers’ rights and activities of the trade unions is included in the employers systems of training, from which the trainer shall be provided by the union.

6.15.

The employer shall provide the union with a reasonable office and office facilities to enable the union office bearers and representatives to perform union duties and keep union documents and records. The suitability of the office and the required office facilities shall be discussed between the parties and any agreement reached shall be recorded in writing and signed by both parties

7: TAMICO OFFICE BEARER IN ABSENCE OF SECRETARY

It mutually agreed that it is for the interest of both parties to keep the Union office open all the working days to give service to members and attend industrial issues which may impact production. Hence in absence of the Secretary and chairperson member of the committee mandated will be allowed to act in TAMICO office,

8: THE RIGHTS AND OBLIGATION OF EMPLOYER

8.1

The right to manage the company and maintain efficiency and productivity at workplaces.

8.2

The right to manage the human resources in relation to the contracts of employment, terms and condition of employments, recruitment and selection, placement, promotion and leave management.

8.3

The right to further the company’s business interest and optimization of profitability in a manner consistent with its values, policies, procedures and laws of the land.

8.4

The right to expect the Employees to carry out his/her day to day accountabilities.

8.5

The right to communicate with all employees.

8.6

The right to maintain discipline at the workplaces through the application of a disciplinary code and procedures and laws of land.

8.7

The right to recruit and terminate employees in accordance to the law of the land.

9: TRADE UNION REPRESENTATIVE

9.1

The Employer recognizes the right of the duly elected Union Representatives to represent and to consult on behalf of Union Members, within the workplace in accordance with the terms of this agreement. It is however recognized that the Employer retains the right to communicate with its employees

9.2

The Employer recognizes the Union Representatives elected in terms of this clause as the representatives of the Employees in their respective Departments.

9.3

The number of trade union representative elected will be;-

I. One (01) trade union representative for one to nine (01-09) members;

II. Three (03) representatives for ten to twenty (10-20) members;

III. Ten (10) representatives for twenty one to one hundred (21-100) members;

IV. Fifteen (15) representatives work places with more than one hundred members.

9.4

Election shall be held at the General meeting , once in 5 years time at a time and location agreed between the parties , to elect the following:-

i.The union Chairman who is elected into the position for five (5) years. A person can be re- elected in this position after serving afive year term.

ii.The union secretary who is elected into the position forfive (5) years. A person can be re- elected in this position after serving a five year term.

iii.Union Representatives who are elected from their respective Departments will hold the position for (5) years. A person can be re-elected after serving a five (5) years term.

9.5

The nomination of Union members as Union Representatives will take place at a meeting of the Employees of each of the respective Departments. All nominations must be dully proposed and seconded. in the event of only one(1) person being dully nominated , that Union member is dully elected.

9.6

Elections must be conducted by either a Region Union Official, or in his / her absence, aduly appointed trade union respective. Employer shall appoint a minimum of 2 observers to observe the nomination procedure and the ballot.

9.7

The District/ Zonal TAMICO Union official will submit official documentation to the Employer’s Organization Capability Manager advising of the outcome of elections with the specific names and departments of the elected representatives. The Employer’s Organization Capability Manager shall sign the form to acknowledge receipt. Official letters of appointment authorized by the Country Director/General Manager will be issued officially recognizing the representatives, identifying the section/department for which they are being recognized and the term of office. The representatives will sign acceptance of their appointment.

9.8

Union Representatives shall represent Employees’interests.

9.9

Union Representatives , assisted by a Union Official , if and when necessary, may represent the union and its members in negotiation and consultations in terms of this agreement and other Tanzania Labour legislations.

9.10

Union Representations shall be subject in all respect to the same terms and conditions of employment as applied to all Employees, including but not limited to, the Employer’s grievance and disciplinary procedures. However the Employer will endeavor to notify the union should it intend taking disciplinary action against any union Representative.

9.11

A Union Representative shall vacate in any one of the following circumstances:

a.Expiry of the period for which elected

b.Resignation as a Union Representative

c.Termination of employment with the Employer

d.On being promoted to a managerial position who by virtue of that employee’s position

i.Makes policy on behalf of the Employer and

ii.Participates in collective agreements on behalf of the Employer.

e.On ceasing to be a Union Member.

9.12.

If there is a vacancy during any period of office, a by – election shall be held within a month. The newly elected Union Representative will hold office for the predecessor’s unexpired term of office.

9.13

Neither party shall recognize any employees as a Union Representative other than those elected.

9.14

Union Representatives shall have the right to represent Employees in their Departments during working hours without the loss of pay or fear of victimization. It is understood that permission is required from the Employer prior to leaving the place of work.

9.15

A union Representative shall hold meeting with Union Members on the Employer premises once a week (30 minutes)on a day and time to be agreed between the parties. Additional meeting shall be organized as required upon agreement between the Parties.

9.16

The parties agree that the Union Secretary shall do full time Union work, and his/her employment with STRABARGwill remain as per his/her contract of engagement.

10: LEAVE FOR TRADE UNION ACTIVITIES

10.1

Each union office bearer, and representative shall be entitled to a reasonable paid leave for union business including training, conventions, conferences, and attending CMA matters when and where summoned provided the union’s written confirmation of the reason for the leave is provided and management’s consent has been secured in terms of sub-clause.

10.2

Union representatives shall complete leave form and obtain approval from management if they wish to take time off in terms of sub-clause 1, and such permission shall not be unreasonably withheld. Should the need arise, further leave may be requested.

10.3

The employer shall grant at least 3 hours between 11:30am to 3:30pm during weekdays to the Branch Secretary to perform union functions. During this time the union branch office will be opened.

10.4

The employer shall not interrupt the agreement of the cla; 10.3

10.5

The employer shall grant union representatives time to attend union functions in employer’s premises.

10.6

The union representatives shall be granted cell phone permit and email access to facilitate union functions.

10.7

The employer in collaboration with the union will participate fully in every year workers May Day anniversary.

10.8

The employer is obliged to provide financial support to TAMICO in order to assist the union to fulfill its obligations in preparations for the anniversary.

10.9

Subject to clause 10.7; the employer will identify and provide prizes for best workers, and provide anniversary T-shirts for all workers.

10.10

The employer will provide transport for workers who will not be at work to attend the anniversary. The employer is also obliged to provide allowances to union branch representatives preparing and attending the anniversary and those employees selected to demonstrate the employer’s activities at the anniversary.

10.11

There will be joint trainings between the union and the employer’s management in order to further the knowledge of roles of trade unions and managements in furthering good relationships in a unionized environment.

10.12

Subject to clause 10.11, the employer will cover the costs of the training and provide financial assistance to cover all personal costs to all attendees if the training will take place outside the Construction site.

10.13

In the course of capacity building, the employer is obliged to cover the payments of allowances to the union office bearers, union representatives, officials of the trade union, union members and other workers when attending seminars, workshops, training, conventions, conferences, and hearing sessions at( CMA)both STRABARG TAMICO Branch level and CMA

10.14

Subject to clause 10.13, the employer is obliged to cover training costs for the mentioned employees at different institutes and to any legal labour experts who will be hired to administer the trainings.

11. MEETINGS

11.1

Meetings between the parties shall take place monthly at the premises, the date for such meetings to be agreed at the close of the previous meeting. Further meetings may be held should the need arise, subject to mutual agreement between the parties.

11.2

The parties shall submit written agendas to each, other two (2) days prior to the meeting unless such meeting is convened at short notice.

11.3

Meeting between the parties shall take place during working hours.

11.4

The site manager or his /her repetitive shall be the chairperson for all meetings between the parties and chairperson shall be partiality.

11.5

The role of the chairperson is to ensure that the business of the meeting progresses orderly in terms of the agenda.

11.6

The union Representatives and Union Members shall have not less than one hour per quarter to hold a general meeting, at a time and place agreed upon with the Employer within normal working hours, at the working premises. This time is for the union Representatives to carry out consultations and feedback on union meeting attended and meetings held with the Employer.

11.7

The union shall be able to hold additional meetings with members in the premises, upon agreement with the Employer.

12. COLLECTIVE BARGAINING

12.1

12.2

The Union negotiation committee shall meet with the employer in a month to be agreed by the parties each year to commence negotiation for the following wage year vfirst week of January.

13. DISCLOSURE OF INFORMATION

13.1

The employer shall disclose to the union all relevant information that will allow the union to engage effectively in consultation and/or negotiation and to perform its functions in terms of this agreement.

13.2

Any request for information by the union shall be made in writing.

13.3

The employer is not required to disclose information that:-

(a) Is legally privileged;

(b)The employer cannot disclose without contravening a prohibition imposed on it by any law or order of Court

(C)is confidential and, if disclosed, may cause substantial harm to an employee or to the employer; and

(d)Is private personal information relating to an employee, unless that employee consents in writing to the disclosure of that information

14. NEGOTIATION AND CONSULTATION

14.1

A meeting between the Union representatives and management shall be held once every month, provided that this may be varied by an agreement between the parties

(a) The purpose of these meetings is to enable the parties to communicate, consult and negotiate on issues affecting the employment of the Union’s members

(b) The parties shall provide written notification to each other, at least five days before the date of a meeting (unless otherwise agreed between them), of the issues they wish to rise, thereby enabling both parties to adequately prepare for the meeting. At the beginning of each meeting, the parties shall discuss and attempt to reach an agreement on the agenda for that meeting

(c) Meetings shall take place on the employer’s premises and shall commence during normal working hours. Management shall record the minutes of the meetings and circulate them within five days after the meeting, and these minutes shall be approved at the next meeting

(d) Union officials shall be entitled to attend these meetings, provided that at least two days prior written notice has been given to management

14.2

Negotiations shall take place once every year between the union (represented by the union representatives) and the employer, unless agreed otherwise between the parties, for the purposes of negotiations on wages and other substantive conditions of employment

(a)The parties agree to commence wage negotiations at least two months before the normal annual wage review date

(b)The parties shall, at least ten days before the date of the first negotiating meeting (unless agreed otherwise between them), provide written notification to each other of issues they wish to raise, thereby enabling them to adequately prepare for the negotiations

(c)Annual wage negotiations shall take place at the employer’s premises and shall commence during normal working hours. Management shall record the minutes of each meeting and circulate them within five days after the meeting, and these minutes shall be approved at the next meeting

14.3

In monthly meetings (sub-clause (a) above) and the annual wage negotiations (sub-clause (b) above), the parties shall meet as often as they agree to be necessary to resolve issues. The parties agree to work together to ensure the efficient conduct of these meetings. Any agreement concluded shall be reduced to writing and signed by the representatives of the parties and shall be binding for the period stipulated in the agreement

14.4

Union representatives shall provide feedback to union members on negotiations and any agreements concluded in accordance with this agreement. Additional feedback meetings on company premises may be agreed between the parties. A copy of any agreements reached between the parties shall be displayed on the notice board referred to in Clause 14.3 of this agreement, unless otherwise agreed between the parties. The employer shall have the right to communicate with its employees at any stage.

14.5

The parties shall use their best endeavor’s to reach a consensus during negotiation as quickly and effectively as possible. If a consensus has not been reached or concluded within a minimum of two meetings, either party may declare a dispute in terms of clause 15 below; provided that the parties may agree to continue to meet without declaring a dispute, notwithstanding two or more meetings having being held.

15.DISPUTE PROCEDURES

15.1

The employer and the union shall negotiate in good faith and use their best endeavors to reach mutually acceptable solutions to all disputes which arise between them, and they shall consult each other when they anticipate that disputes may arise. They agree to use the procedure below in an attempt to settle disputes which arise through negotiations in terms of this clause.

15.2

Either party may declare a dispute in writing to the other party, setting out the nature of the dispute and a proposed settlement.

15.3

The party receiving a declaration of dispute in terms of sub-clause 2 shall within five days respond in writing, setting out its understanding of the nature of the dispute and its proposed settlement.

15.4

Within ten days of the declaration of the dispute or on a mutually agreed date, a meeting shall be held between the parties in an attempt to resolve the dispute. Further meetings may be held by mutual agreements between them and the parties shall use their best endeavors to resolve the dispute.

15.5

The parties recognize their commitment in terms of Clause 15.4 to minimize the possibility of industrial action and undertake to consider referring unresolved disputes to mediation, arbitration (whether of a binding or advisory nature), or any other constructive method for resolving a dispute.

15.6

Notwithstanding anything else contained in this agreement, either party may use the dispute procedure described in the Act.

15.7

Parties shall use their best endeavor to resolve disputes between themselves without having to resort to the procedure provided under the Act. Even if the dispute machinery in the Act has been invoked, the parties may continue to meet in an attempt to resolve the dispute.

15.8

If parties (the defaulting party) fails to fulfill any of its obligation in term of this agreement and subsequently fails to remedy the breach within five days of receiving notice of the breach from the other party (the aggrieved part), the later shall be entitled to refer the dispute for mediation by the commission. If mediation is unsuccessful, either party may refer the dispute to the labour Court.

16 STRIKES AND LOCKOUTS

16.1

The employer and the union agree that they shall not cause, take part in or support any industrial action, without first exhausting the negotiation and dispute procedures in this agreement and thereafter having complied with the requirements of the Act.

16.2

The union undertakes to take all reasonable steps to ensure that its officials and members do not breach the provisions of this agreement, and the employer similarly undertakes to take all reasonable steps to ensure that its management does not breach the provisions of this agreement. Both parties agree to take all reasonable steps to remedy any breach that may occur.

16.3

Either party shall be entitled to exercise its rights to deal with misconduct or criminal conduct or serious breaches of this agreement during industrial action.

16.4

Where the union engages in a strike in accordance with Part VII of the Act, it shall.

(a) Allow non-striking employees to continue working without unlawful interference.

(b) Allow the employer to continue with its ordinary business, including access to and exit from the employer’s premises by staff, customers, suppliers, and any other third parties.

16.5

The union and/or its members shall, during industrial action, assemble in the designated area within the employer’s premises without causing any interruption or breach of harmony while union leaders, representatives and officials negotiating with management on the best way to resolve the problem that has arose.

16.6

The parties agree that it is vital that contact be maintained between the employer and the union during any industrial action. For this purpose, the employer and the union shall, within 24 hours of any notification of industrial action having been given, advise each other of the name and telephone contact details of their duly authorized representative(s) who will be contactable at all times during any industrial action.

16.7

Where union members participated in a lawful strike the employer is obliged to pay them normal wages.

16.8

Where union members participate in a strike in contravention of this agreement or the Employment and Labor Relations Act, 2004 then the following shall apply;-

(a) The Employer shall as soon as possible advise the union, and shall afford the union an opportunity to remedy the breach.

(b) The Employer may issue an ultimatum in clear and unambiguous terms, stating what is required of the employees concerned and what sanction will be imposed if they do not comply with the ultimatum. The employees should be allowed sufficient time to reflect on the ultimatum and respond to it.

16.9

Where either party causes, participates in or supports industrial action which is unlawful or in breach of this agreement, the other party shall have the right to use any lawful means to protect its interests.

16.10

The Employer will engage in lockout provided that he adheres to the provision of the Act. Nothing shall prevent the Union and Employer from agreeing to their own procedure in a collective agreement in which case that agreement shall apply instead of the provision of the Act.

17. LOCALISATION AND SUCCESSION PLAN

17.1

The Union will work with the Employer to develop Tanzanians.

17.2

If there is any company wish to succeed STRBARG the notice of three month shall be given to TAMICO. All the employees contract of employment, Recognition Agreement, the existing Collective Bargaining Agreement and any other rights conferred by STRABARG one to employees shall be transferred and adhered by the successor company.

18. DISCIPLINARY, GRIEVENCE AND REDUNDANCY PROCEDURES

18.1

The Parties agree that it is in their mutual interest to observe grievance procedures by which all employee grievances at the workplace, are considered and resolved as per company policies and Tanzania Labour Legislation.

18.2

The parties agree that there may be circumstances in which it is necessary to apply a redundancy procedure, stipulated in the collective bargaining agreement.

19. HEALTH AND SAFETY

19.1

19.2

There shall be a health and safety committee comprising representatives from both parties to be draw each department.

19.3

The Employer agrees to employ professional health and safety officers, First Aid expert, and clinician or nurses

19.4

19.7

Post employment (exit) medical examination

(a) Employees shall undergo a post employment medical examination at the end of their employment. Should a condition be diagnosed during a post employment medical examination, the employee will receive treatment in line with the medical insurance and other benefits as per this agreement.

(b) The Company shall provide medical cover for work related injuries and illness subject to this agreement and occupation and safety Act.

(c) The Company shall pay for all the above medical examinations.

20. WOMEN IN CONSTRUCTION INDUSTRY

21: COMMENCEMENT, AMENDMENTS AND TERMINATION

21.1

This agreement shall come into operation effective on the date of signing.

21.2

The parties may amend this agreement by agreement, provided that no amendment will have any force or effect unless it is in writing, duly signed by the parties to this agreement.

21.3

Either of the parties seeking to amend this agreement shall put forward its proposed amendments in writing, stating the nature, extent and reason for the proposed amendment.

21.4

Negotiations concerning the proposed amendment shall commence within one month after receipt of the proposal.

21.5

This agreement may be terminated under the following circumstances:

21.6

Where there is a repealed/amended of the current Tanzanian Labour Laws.

21.7

Either part to this agreement shall give the other part a written notice of thirty (30) days stating the reason for termination.

22 GENERAL

22.1

No relaxation or indulgence which the employer or the union may grant to the other party shall constitute a waiver by the former of any of its rights under this agreement.

22.2

There shall be regular communication between parties to discuss issues of mutual interest in the context of this agreement in good faith

22.3

This agreement constitute the entire agreement between parties and no amendments shall be biding unless the amendment is reduced to writing and signed by both parties.

23: ADDRESS FOR SERVICE

23.1

The Parties select the addresses set out below, as the address at which they will receive formal notification of any natural or communication provided for in this agreement.

STRAGARG INTERNATIONAL GmbH

P.O BOX 2701

DAR ES SALAAM

TANZANIA

TAMICO –STRABARG BRANCH

P.O BOX ………

Dar es salaam

23.2

Either of the Parties may change the appointed address with written notice.

In WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed.

FOR AND ON BEHALF OF STRABARG TANZANIA

_______________________________________

Name Date

Country Director

Witness: 1

________________________________________

Name Date

Position

Witness: 2

_____________________________________

Name Date

Legal Services Manager

(if any)

FOR AND ON BEHALF OF TANZANIA MINES, ENERGY AND CONSTRUCTION WORKERS UNION (TAMICO)

_______________________________________

Names

Branch Chairman/Secretary Date

Witness: 1

________________________________________

Date

Zonal Secretary

Witness: 2 Date

District Secretay