Collective Bargaining Agreement
- PART ONE GENERAL TERMS:
- Section 1. Affirmation and Preamble
- Section 2.Definitions
- Section 3.Purpose and Scope of the Agreement
- Section 4.General Principles and Terms
- Section 5.Information:
- Section 7.Probation:
- Section 8.Migrant workers’ rights
- Section 9.Seasonal/casual employees:
- Section 10.Effective date and term of the Agreement:
- Section.11. Pandemic or Epidemic or Calamity Situation
- Section 12.Principles for Salaries/Wages Review
- Section 13.Union Dues Check-Off and Remittances
- Section 14.Job Vacancy and Promotions
- PART TWO RIGHTS:
- Section 15.Protection of female employees
- Section 16.The Right to Stop and Search Staff
- Section 17. Hours of Work
- Section 18. OVERTIME
- Section 19. Payment of Salaries/Wages principles
- Section 20. Public Holidays
- Section 21. Occupational Health, Safety and Uniforms
- Section 22. Gender Based Violence, Sexual Harassment & HIV/AIDS Policy
- Section 23. Discipline (Warnings and Dismissals)
- Section 24. Disciplinary Committee composition
- Section 25. DisciplinaryProcedure
- Section. 26. Offences & breaches in respect of which Written Warnings may be issued:
- Section 27.Dereliction:
- Section 28.Summary Termination or Dismissal
- Section 29. Suspension for investigation
- Section 30. Abscondment from Duty
- Section 31. Disciplinary Appeals
- PART FOUR BENEFITS AND ALLOWANCES
- Section 32. Annual Leave
- Section 33. Sick Leave
- Section 34. Industrial Accidents
- Section 35. Maternity/Paternity Leave
- Section 36.Compassionate Leave
- Section 37. Leave for Union Activities
- Section 38. Study Leave
- Section 39. Death Benefits
- Section 40. Repatriation Allowance/Fees
- Section 41.Cessation of Employment
- Section 42.Employment cessation Procedures
- Section 43. Termination; Retirement; Lay-off; Redundancy; Severance Benefits
- Section. 44. Re-engagement after Retirement
- Section. 45. Long Service Awards
- Section. 46. Staff Meals
- Section. 47. Traveling on Duty
- Section. 48. Out of Station Allowance
- Section. 49. Late Night Transport
- Section. 50. Medical Treatment
- Section 51. Acting Allowance
- Section. 52. Social Security Fund
- Section. 53. Certificate of Service
- Section. 54. Incentive Bonus/Celebration Day.
- PART FIVE SALARIES: RENUMERATION
THE REPUBLIC OF UGANDA IN THE MATTER OF THE LABOUR UNIONS ACT 2006, IN THE MATTER OF THE EMPLOYMENT ACT 2006, AND IN THE MATTER OF COLLECTIVE BARGAINING AGREEMENT BETWEEN UGANDA HOTELS, FOOD, TOURISM, SUPERMARKETS & ALLIED WORKERS' UNION (HTS-Union)
Email: info@hts-union.org
(Herein after referred to as the Union of the one hand)
P.O.BOX 3799 KAMPALA
AND
HOTEL AFRICANA LIMITED;
P.O BOX 10218 Kampala
(Herein after referred to as the Company of the other hand)
E-mail: info@hotelafrican.com
COLLECTIVE BARGAINING AGREEMENT
This Collective Bargaining Agreement made on this
1st day of March 2025
Between
UGANDA HOTELS, FOOD, TOURISM, SUPERMARKETS & ALLIED WORKERS’
UNION (HTS-Union) of P.O.BOX 3799 Kampala (hereinafter called the
“Union”) of the one part
AND
HOTEL AFRICANA LIMITED of P. O. Box 10218 Kampala (hereinafter called
the “Company” which expression shall, unless the context otherwise
requires, include its successors in title and assigns) of the other part
PART ONE GENERAL TERMS:
Section 1. Affirmation and Preamble
a.Cognizant of Article 29 and 40 of the National Constitution, the Labour Unions Act, 2006, the Employment Act 2006 among others, especially on Representation and Collective Bargaining; do hereby agree as follows:-
b.The Company is a limited liability company incorporated and carrying on Hotel and hospitality business under the laws of Uganda;
c.The Union is a labour union duly organized and registered under the laws of Uganda to promote and defend the rights and interests of persons employed in the hotel, food and tourism sectors;
d.That reference to “The Union” in this agreement refers to HTS-Union. The UNION shall be the sole body representing such employees.
e.This agreement is made by the parties in good faith to establish and regulate the general Industrial Relations between the Employer/Management and the employees setting out the minimum standards as terms and conditions of employment with the company.
NOW THEREFORE IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
Notwithstanding any other definition or meaning of the dictions herein, the key words in this CBA as here below described shall stand for the meaning as indicated hereto for the purpose of interpretation of this agreement.
Section 2.Definitions
a)In this Agreement, “CBA” means Collective Bargaining Agreement with direct reference to this very Agreement.
b)Employee shall mean any person who is hired to offer labour for a renumeration/salary
c)‘’Disciplinary Committee’’ Means that Committee composed of
both management and Union representatives that is responsible for discharging and dispensing off disciplinary cases concerning employees.
d)‘’Gender Based Violence’’ (GBV) Refers to physical, sexual, economic or psychological violations which are subjected to individuals or groups of persons based on social expectations of men/boys and women/girls.
e)Sexual harassment is unwanted, unwelcome and unasked-for behaviour of a sexual nature. It can occur either on a one-time basis or as a series of incidents, however minor. Sexual harassment is coercive and one-sided and both males and females can be victims.
f)‘’Bargaining Unit’’ this means the categories of employees that fall within the unionisable grades and including migrant workers as opposed to those identified under management herein.
g)Insubordination at workplace: (Minor and or Gross) Shall mean an employee’s intentional refusal to obey lawful and reasonable orders from his/her superior at workplace whose determination shall be subjective depending on the situation and determined by the Disciplinary Committee.
h)Repatriation Allowance/fee: Shall mean the allowance or fee paid to the employee who is recruited 100 kilometres or more from where he is deployed to work or to one who has worked with the same employer for ten years and upon the death of an employee
i)Abscondment: Shall mean a situation where an employee does not report to work for consecutive number of days without proper authorization and information.
j)Industrial Accident: shall mean, any accident that an employee meets one hour before the time of reporting on duty but while travelling to the place of work; the time the employee is on duty and one hour after signing off from duty but while travelling to his/ her home.
k)Industrial Disease: shall mean an ailment an employee suffers as a result of performing his/her duties assigned to him/her by the company.
l)‘’Resignation’’ When an employee officially and procedurally stops or terminates his/her contract at his/her discretion/decision
m)“Lay off” means the temporary or permanent cessation of employees’ service in circumstances where the Company decides that the circumstances require a temporary reduction of personnel or hours of work.
n)“Redundancy” means the involuntary loss of employment arising from a situation where: The Company has ceased or intends to cease to carry on the business for the purposes of which the employee was employed or to carry on that business in the place where the employee was so employed;
o)“Management” shall refer to the Managing Director/Directors,
General Manager, Finance controller, Expartriates in top management positions and Human Resource Manage.
p)‘’Severance Pay’’ This refers to payment to an employee under the situation where the employer for his/her own reasons terminates the services of an employee who is still willing to continue in employment and has not committed an offence under the circumstances.
q)‘’Termination’’ This refers to the situation where either the employer/ manager or the employee stops the employment appointment/ contract.
r)“Shop Steward(s)” means a member of the Union elected by other members to represent them in dealings with the Company and “Chief Shop Steward” shall mean the head of Shop Stewards.
s)‘’Retirement’’ in this agreement shall mean an employee who ceases to work with the company on the following grounds;
> Old age of 55 (fifty five); Medical unfitness; Voluntary at 50 (fifty) years of age, after working for more than 10 years; Voluntary after working for more than 15 years
Section 3.Purpose and Scope of the Agreement
a)The purpose of this Agreement is, in the mutual interest of the Company and the Union on behalf of the employees, to provide for the operation of the services of the Company under methods which will further, to the fullest extent possible, the safety of the Company’s business and the efficiency of its operation; and
b)The parties agree that the employment relationship between the Company and Employees shall be governed by the terms and conditions of service agreed herein.
Section 4.General Principles and Terms
a)Whereas the Company and the Union take cognizant of the uniqueness and peculiarities involved in the operations of the Company herein, the parties hereto also do appreciate the importance and the need for development of both parties and to this end hereby do agree to work harmoniously and strategically to achieve this goal.
b)The Company and the Union do hereby agree to negotiate and operate a holistic Collective Bargaining Agreement (CBA) between the parties to cover all unionisable employees of the Company in whichever operational location or business entity they may be deployed to offer labour.
c)The parties herein also agree that in cases of any matters affecting or relating to a particular business entity as party to this agreement it shall be dealt with between the Union and that particular entity separately.
d)The parties hereto also agree that this agreement shall be implemented in good faith and in conformity with all general
Terms and Conditions of Service as provided in the Labour Laws relating to rights, privileges and obligations by both employees and the company/management that include inter alia, probation, appointments/contracts of employees, hours of work, medical treatment, sick pay, all forms of leave, accidents at work, OSH issues, disciplinary procedures and sanctions, dispute resolution
Section 5.Information:
a)The Company recognizes that it is of mutual benefit for its Employees to be represented by a properly constituted labour Union, it is therefore hereby agreed that all new employees will be informed of this CBA by either party when their employment commences and will be urged to join and remain fully paid up members of the Union.
b)This CBA will govern the relationship of such new employees with the Company if such employees accept to become members of the Union
Section 6.Existing privileges:
Save as otherwise provided herein, Employee already in service shall not receive remuneration or privilege, less favorable than his/ her current remuneration of service after the signing/coming into force of this agreement.
Section 7.Probation:
a)New Employees shall be engaged for a probationary period of three months. The Probationary period may be extended in special circumstances for a period not longer than three months with the agreement of the Employee.
b)In such circumstances the Union may be advised of the extension and may have the right to intervine where it considers that the probationary period has been unfairly extended.
Section 8.Migrant workers’ rights
a)The parties hereto also agree that all migrant workers in service of the company and who fall under the bargaining unit of this CBA, shall observe all the obligations and rights offered by this agreement like other employees/union members.
b)It is also hereby agreed that all migrant workers who are not top managers will have the liberty to be members of the union for purposes of representation.
Section 9.Seasonal/casual employees:
a)The Company may engage seasonal employees or casual employees in accordance with the law in force.
b)Casual or seasonal employees shall have the right to a written or
oral short term contract offerered by the employer and the right to representation by the union.
Section 10.Effective date and term of the Agreement:
a)Notwithstanding the date of execution, this agreement shall be deemed to be effective from the 1st Day of March, 2025 for a period of two (2) years and shall continue in force until otherwise amended by the parties except for PART Five that may be reviewed annually.
b)Thirty (30) days to the expiry of this agreement, the Union shall forward a written notice setting forth the nature of any proposed amendments to this agreement and other related matters hereof to the Company in respect of the period starting after the expiry of this agreement.
Section.11. Pandemic or Epidemic or Calamity Situation
a)That in cases of outbreak of pandemic and or epidemic which adversely affect part(s) of this agreement, the parties hereto agree that shall with written notice by either party, mutually engage to review any such aspect of this agreement which may require to be reviewed.
b)That those changes shall be done to address or mitigate the effects of the situation as caused by the pandemic, epidemic and or calamity as a responsive measure
Section 12.Principles for Salaries/Wages Review
The Company & the Union agree that when determining the wages/ salaries of the Employees, the following principles will be paramount and have to be considered:-
a)The continuity and interests of the Company, the Union and the Employees;
b)The rate of productivity of the Employees as determined by the Company in accordance with set Company targets for each Employee
c)The economic and social objectives of the Company and the community.
d)Equal work for equitable pay irrespective of the Employees’ race, sex, creed and colour.
Section 13.Union Dues Check-Off and Remittances
a)An Employee recruited to occupy a position in any of the unionisable grades may join the Union in accordance with the Labour Unions Act, Cap 228 and the Labour Unions (Check Off) Regulations, 2011.
b)Union dues as a statutory deduction, shall be made against the same principle for National Social Security Fund.
c)The Company shall deduct and remit a levy (prescribed in the above said Regulations) together with Union Dues from any unionisable employee who is not a member of the Union but benefits from the terms of this CBA.
d)It shall be the responsibility of the Union to inform employees of the Company of the two available options either to join the Union and be subjected to a subscription of 2% of their wages as Union Dues; or, opt not to join. The Union shall also notify the employees that if they opt not to join, they would be required to pay 1% of their wages to the Union if such employees benefit from negotiations of the Union with the Company.
e)New Employees will be subjected to this levy as and when they start to benefit from this CBA.
f)Any gratuity payable or paid to any Employee(s) who retire (for reasons other than death) will be subjected to a 2% Union dues.
Section 14.Job Vacancy and Promotions
a)The Management shall give top priority to the existing qualified or qualifiable indiginuous Employees for any post that may fall vacant. No Employee shall be subjected to probationary period on promotion.
b)In circumstances where a position at supervisory level is being held by a contractual or casual staff, the said Employee shall be confirmed into permanent employment save for those who have been re-hired or serving on a fixed term contracts.
c)An Employee who attains 10 years of continuous service without having been promoted during the period under review, will on top of the awards given to such Employees, have his/her job position or grade reviewed befittingly at the discretion of Management.
PART TWO RIGHTS:
Section 15.Protection of female employees
a)A pregnant woman whose pregnancy is above 6 (six) months shall be exempted from night duty thus 11:00pm to 7am unless in case of emergency
b)Days off duty for antenatal services and those for post-natal including days for immunization of a child shall not be deducted from mother as absence as long as proof of attendance is provided to management i.e. antenatal record and immunization card. However, the weekly off duty may be rescheduled to cover such scheduled hospital visits at the discreation of Mnagement.
c)Management shall design favorable duty roster for breast feeding mothers so as to allow them easy access to their babies for feeding purposes.
d)Female employees with babies of below one 1(one) year old shall have the option of whether to or not to work night shift, provided they have been in service for at least 1 year.
e)For a female employee whose baby passes on shortly after birth, the employee may return to work upon the recommendation of an authorized medical Doctor and also upon written request by the said employee to the Company.
Section 16.The Right to Stop and Search Staff
a)The parties to this Agreement recognize the importance and the right of security personnel of the Company to carry out the ‘stop and search’ practice, however the conduct of this practice shall be done in the most humane and professional manner possible so as to avoid causing embarrassment to the person being subjected to the said search.
b)For instance it is recommended that female Security officers should be the ones to search female employees and the vicevasa should be applied with the males.
Section 17. Hours of Work
a)The normal working hours per week will be 48 (forty eight) hours for all Employees of the Company.
b)In the event that there is need for the Company to regulate daily or weekly hours of work in order to suit peculiar work requirements, such schedules shall first be discussed between the Company and Employee. The Union may be invited for such discussions should the Company and Employee fail to agree. In any case, no Employee(s) shall be asked by the Company to report to work on a broken/split shift of more than once a day.
c)Each week shall include a period of one day off of not less than 24 (twenty four) hours of continuous rest.
Section 18. OVERTIME
a)All hours worked in excess of the agreed daily normal hours of work as per PART TWO; Section 17. of this agreement will be deemed to be overtime.
b)Any overtime worked on gazetted public holidays shall be calculated at 2 (two) times the gross hourly rate.
c)Any overtime worked on rest days shall be calculated at 2 (two) times the gross hourly rate or time off in lieu.
d)Overtime shall be worked at the request of management and recorded at end of each week and signed for by the employee and the head of department or the respective supervisor.
Section 19. Payment of Salaries/Wages principles
a)Salaries /wages will be paid either by Cheque, bank transfer or cash.
b)All Employees will be required to open a salary account with a bank(s) selected to be convenient to majority of employees in Uganda where salaries /wages will be paid. The Employees must notify the Company of the account number, branch and address of the bank to which payments are to be made.
c)Bank charges arising from the transfer of salaries/wages payment to the workers personal accounts shall be met by the Company provided their accounts are in the banks agreeable and notified to the Company as aforesaid. In case the employee insists on a particular Bank not favourable to the Company terms as shall be notified to the employees, then the employee shall meet the transfer charges
d)Salaries shall be paid by the last day of the month or in the worst case by the 7th day of the subsequent month; any such delays shall be communicated to the staff by a Memo.
e)It is also clarified by the parties thereto that the company shall pay consolidated Salaries covering one month’s trading period of 30 days.
Section 20. Public Holidays
a)All Uganda gazetted public holidays and other recognized holidays shall be recognized by the Company and Employees and shall receive overtime pay in accordance with Sec14 herein for any overtime worked on such days.
b)Subject to what may be agreed upon between an Employee and the Company, an Employee will have the option of taking either a day off or payment in lieu for the public holidays he/she worked. No Employee shall refuse the request of the management to work on a public holiday or other holidays.
Section 21. Occupational Health, Safety and Uniforms
The Company shall continue to maintain all existing devices and practices for the purpose of promoting healthful and safe working conditions and shall comply with Occupational Safety and Health Act 2006.
a)The Company shall provide suitable uniforms, protective gears and clothing. There shall be a Safety, Health and Welfare Committee, which shall regularly review all matters relating to health, safety and welfare. Two members shall represent the Union on the said committee.
b)The Company shall insure all its Employees for purposes of ensuring safety and healthy for the Employees as well as avoiding fines and penalties in cases of industrial accidents.
c)The compant shall observe and respect the Workmans Conmpensatoin Act, 2000 on matters of industrial accidents
Section 22.
Gender Based Violence, Sexual Harassment & HIV/AIDS Policy
a)That the Company and the Union do agree that they both shall promote efforts to control and or eliminate Gender Based Violence (GBV) at workplace through awareness raising on the same and putting in place mechanisms to deal with GBV and its effects.
b)The Company in consultation with the Union shall establish and publish a Sexual Harassment and HIV/AIDS policy at the workplace and a committee shall be established for purposes of implementation and Management of the said policies.
Section 23. Discipline (Warnings and Dismissals)
a)It is the intention of the Company and the Union that disciplinary action shall have the goal of correcting or improving performance and conduct of an Employee;
b)Disciplinary actions shall have the purpose to ensure that all disciplinary actions are carried out in a fair, just, consistent and professional manner. This shall be done through a Disciplinary Committee (DC) and Disciplinary Hearing (DH).
c)Any disciplinary action(s) taken by the Company shall be documented and copies thereto entered on the Employee’s personal file. Any notification of disciplinary action taken by the Company shall be acknowledged by the Employee and copied to the Chief Shop Steward.
d)The Company shall ensure that all disciplinary actions are carried out in a fair and just manner and in accordance with this CBA and the law.
e)That formal Disciplinary Hearing process shall be conducted at different levels as here below:
Level One: First sitting Chaired by the HR Manager or General Manager
Level Two: Appeal Hearing chaired by a Director
Level Three: Conciliation and or Arbitration Chaired by a Government official agreeable to by the parties to the grievance/ complaint in question
Level Four: Industrial Court and or action by either part in accordance with the law.
Section 24. Disciplinary Committee composition
a)The parties to this Agreement do hereby agree that the Disciplinary Committee(DC) shall comprise of atleast 7 persons, 5 of whom shall be representatives of the Company and 2 representatives of the Union.
b)The Disciplinary Hearings (DH) at level one shall be conducted by the Disciplinary Committee (DC) under the chairmanship of the Human Resource Manager or the General manager and this committee shall handle minner offences.
c)The Disciplinary Hearings (DH) at level two shall be conducted by the Disciplinary Committee (DC) under the chairmanship of a Director of the Company and this committee shall handle serious, Grave and offences under appeal.
d)The person/officer initiating an offence/grievance/complaint or the one who has investigated the matter for DH thereto, shall not chair the DC thereof.
e)The suspect appearing before the DC shall reserve the liberty to come along with his/her Union representative.
f)The Management shall also reserve the liberty to have another officer to witness and or represent the interests of the company during the DH.
g)Decisions of the DC shall be binding and applicable to the parties thereto and the employee in effect unless otherwise appealed against.
Section 25. DisciplinaryProcedure
The following are the disciplinary procedures for offences involving misconduct which do not to warrant dismissal:
a)Informal/Verbal Warning: A breach of rules or failure to meet or maintain standards. This will result in an informal/caution warning by the relevant representative of the Company. Such warning shall be recorded and the above mentioned representative and the employee or worker may examine and propose adequate and appropriate ways to remedy the breach, neglect, failure or shortcoming of the employee.
b)First Written Warning: Where an Employee commits an identical or similar offence or more serious breach of Company policy, manual, rules and/or procedure, including offences listed in (e) below, the Employee’s HoD or representative of the Company may notify the relevant head of department or management of the particulars of offence, misconduct and/or misbehavior of the Employee. The HoD or his relevant representative of the Company shall investigate the matter and if the Employee’s explanation is found to be unsatisfactory, he/she shall issue the Employee with a first warning letter, copies of which shall be placed on the Employee’s personal file. The Employee will be required to acknowledge receipt of the warning.
c)Second Written Warning: Where the same Employee commits an identical or similar breach of the Company policy, manual, rules and/or procedure within six months following the warning letter in (b) above, the Head of Department shall issue a second warning letter, giving copies to the Union and management of the Company and a copy of the same shall be placed on the Employee’s personal file.
d)Final Written Warning: Any further breach of Company policy, manual, rules and/or procedure by the Employee, and if, despite
the previous warning, the Employee fails to remedy the breach, misconduct and/or misbehavior, the Human Resource Manager shall issue a final warning letter, giving a copy to the Union and management of the Company and a copy of the same shall be placed on the Employee’s personal file.
e)No written warning shall be valid for more than 12 (twelve) months. Such warnings shall be cancelled by the Human Resource Manager after (12) twelve months from the date of issue unless another warning has been issued before the expiry of the 12 months (extended term) another 12 months period shall start and the previous warning shall not be cancelled until the extended term has elapsed. No future response shall be made on all “lapsed” warnings.
Section. 26. Offences & breaches in respect of which Written Warnings may be issued:
Written warnings shall be given for the following breaches, misconduct or offences:-
a)Absenteeism; Absenteeism refers to the state of not being present that occurs when an employee is absent or not present at work during a normally scheduled work period. The Absences may be scheduled or unscheduled.
b)Scheduled absences, taken with the approval of the Company, include annual leave, public holidays, medical appointments, funerals, and other happenings which cannot be scheduled outside of regular work hours. No warning may be issued in respect of a scheduled absence.
c)Unscheduled absences to be defined as when an employee is absent from duty without permission or just cause as shall be determined by the disciplinary committee either from the premises of the employer or any other proper place appointed by the employer for performance of such employees’ work).
d)Absence may also be Excusable or inexcusable: Excusable absence(s) is where the employee notified the management and is/was excused in advance of the absence, by the supervisor. No written warning may be issued in respect of an excused absence.
e)Inexcusable absence(s) is where the employee did not report or communicate to the supervisor within appropriate time and was not excused in advance for such events as illness, family emergencies, transportation emergencies, family member illness and/or death, and household emergencies such as flooding.
f)Written warnings may be issued in respect of all unexcused absences subject to the decision of the disciplinary Committee depending on each circumstances of the matter in question.
g)Insubordination: Insubordination will include but not be limited to, the refusal to obey some order which a superior is entitled to give
and the employee is required to have obeyed. Insubordination will also constitute both unwillingness to carry out a directive from a manager or supervisor; and disrespectful behavior towards a manager or supervisor as shall be determined by the DC.
h)Neglect of duty
Neglect of duty involves -
Simple neglect of duty; Simple neglect of duty will constitute the failure to give proper attention to a task expected from an Employee resulting from either carelessness or indifference; and may include, but not be limited to any of the following:
I.being absent from work without reasonable notice or permission;
II.sleeping on the duty for no unjustifiable cause;
III.leaving a duty station or assigned responsibility without permission; or
IV.failing to follow prescribed department or work site policy relevant to job duties and responsibilities.
II.Any public behavior which has or may have the effect of bringing the Company’s reputation into disrepute.
Section 27.Dereliction:
Dereliction will constitute the conscious or willful neglect of an Employee’s duty and willful misconduct and will include the following situations for which sanctions may be preferred.
a)Giving the vault/strong room / car keys to an unauthorized person in order to be able to go & do something he/she wants to do (prolonged lunch, visit a friend etc.).
b)Psyclogical and other minor forms of sexual harassment, depending on the situation and magnitude as the DC shall determine from time to time and on a case by case.
c)Psychlogical and other minor forms of Gender Based Violence depending on the situation and magnitude as the DC shall determine from time to time and on a case by case.
d)Deserting a position or post without an acceptable reason / authorization;
e)Downloading data from an unauthorized website or one that the Employee knows or ought to know can cause virus infections or spam related retardation of a computer system;
f)Because he/she wants to leave, Employee fails to implement essential security procedures;
g)Willful neglect leading to loss or damage of the Company interests and property, revenues and/or image;
h)Willfully ignoring guests or clients.
i)Employee consciously fails to switch off any safety device or initiate safety procedures on a machine and as a result someone oblivious to such action, gets injured or dies.
j)Reporting to work under the influence of an intoxicant.
k)Incompetence, that is, failure to perform assigned tasks for which the Employee was recruited, in accordance with reasonable service standards or as directed by the Company.
l)Refusal to comply, adhere or execute Company Policies.
m)Rudeness to customers witnessed by a third party.
n)Inciting other Employees to abscond from duty or behave in a manner that is contrary to the Company’s directives, interests or policies.
o)In cases of an employee committing the above offences, the company subject to the provisions of this CBA and the law through the DC shall consider to sanction such an employee with either Final Warning Letter; Suspension without pay as a sanction; salary deduction; demotion or termination of employment as the DC shall determine.
Section 28.Summary Termination or Dismissal
Where an Employee is proved to have committed any of the following offences he/she will be liable to instant dismissal by the Management of the Company.
a)Theft of company property
b)Fraud or dishonest dealing with company property ;
c)Gross insubordination in the performance of an Employee’s duties.
d)Physical assault or fighting at workplace.
e)Physical sexual harassment; depending on the situation and magnitude as the DC shall determine from time to time and on a case by case.
f)Rape; conducted by any employee against the other.
g)Gender Based Violence depending on the situation and magnitude as the DC shall determine from time to time and on a case by case.
h)verifiable intoxication on duty whether of drugs or alcohol;
i)Bringing dangerous weapons onto the Company premises.
j)Proved drug abuse and intoxications while on duty.
k)Willful damage of Company property.
l)Unexcused prolonged absenteeism without proper cause.
m)Divulging confidential Company information.
n)Notwithstanding the foregoing provisions, the Company may in cases deserving of summary dismissal, inflict upon any Employee following Disciplinary Hearing any of the following sanctions instead:-
i.Recovery of loss.
ii.Demotion;
iii.Reduction of salary ;
iv.Suspension without pay;
v.withholding of salary increment or promotion; or
vi.Termination or dismissal.
Section 29. Suspension for investigation
a)Where it requires Management to make investigations in case of an offence, an Employee may be suspended; such suspension shall be in writing by the Human Resource office and copied to the Chief Shop Steward.
b)Suspension under this Section shall not exceed or 4 (four) weeks. The salary of the Employee on suspension may be reduced by half. If after 4 (four)weeks the investigations are not complete, the Employee shall be reinstated to his/her duties The reinstatement shall not affect the disciplinary procedures and the Employee may as the case may be subjected to a hearing upon conclusion of the investigations.
c)In case the investigations are conducted by the police, the internal grievance handling procedures shall remain to the extent of suspension on conditions to be determined by the DC at a meeting as the police report is awaited before final process and decision thereof.
Suspension as a sanction:
i.Suspension may be preferred to an employee as a sanction arising from the decision of a disciplinary hearing where the employee is not terminated but rather suspended.
ii.This type of suspension will be on half pay or without pay and for a period not exceeding two weeks.
Section 30. Abscondment from Duty
a)An employee shall be considered as having absconded from duty after absenting himself or herself from his/her workplace for 7(Seven) consecutive days without permission from his/her employers or Supervisor or without a justifiable cause or reason.
b)In case the employee considered for abscondment comes back for work, the disciplinary committee will take into account extenuating circumstances if reported for him/her to resume duties.
Section 31. Disciplinary Appeals
a)Appeal shall be sought with the General Manager or the Managing Director and or the General Secretary, where the person against whom a sanction has been preferred and he/she is not satisfied with the decision of the DC arising from the DH process.
b)Either party herein, the Union or the management may also raise an appeal if any of them strongly feels that the decision by the DC in the matter in question has not been handled satisfactorily.
c)Any aggrieved party may appeal to other authority if he/she is still not satisfied with the decision at appeal level as well.
PART FOUR BENEFITS AND ALLOWANCES
Section 32. Annual Leave
Every Employee shall be entitled to annual leave as follows:-
a)An Employee who has completed 12 months of unbroken service shall be entitled to 21(twenty one) working days of rest days of annual leave.
b)This annual leave may be taken once or in two parts depending on the business schedule as shall be determined by the management.
c)Leave without pay may be granted upon mutual agreement between the Employee and the Company.
d)An employee of the company proceeding on annual leave, shall be entitled to a leave transport allowance of UGX. 20,000 (twenty thousand shillings) .
e)Wages and any allowances for leave will be paid prior to the date the leave commences.
Section 33.
Sick Leave
An Employee who has been in writing or orally appointed or contracted by the company who becomes unable to attend duty because of prolonged illness, shall be granted sick leave under the following conditions:-
a)The Employee shall receive full pay for the first 2 (Two) months of illness.
b)The Employee shall receive half pay for a further 1 (one) month.
c)Upon expiry of the aforementioned period, retirement on medical grounds shall be considered by Management of the Company in consultation with the Union. However, should the Employee recover and be fit to work again, the Company may, at its discretion, consider reinstating such Employee.
d)An Employee on sick leave shall continue to enjoy his/her seniority in regard to service seniority and accumulation of annual leave.
Section 34. Industrial Accidents
a)In case of absence from duty as a result of an industrial accident (that does not result into permanent total or permanent partial incapacity) at the work place, full salary/wages will be paid until person returns to work in accordance to the Workman’s Compensation Act Cap, 225 and or as may be amended.
b)Where an accident during the course of employment occurs to an Employee resulting into permanent total or permanent partial incapacity, the Workers Compensation Act, shall become applicable.
c)In the case of an employee receiving injuries that come under the terms of Workers Compensation Act, Cap 225 all provisions of the Act shall apply, including provisions of the Third Schedule which covers industrial diseases.
Section 35.
Maternity/Paternity Leave
a)A female Employee shall as a consequence of pregnancy, be entitled to 60 (sixty) working days maternity leave on full pay in accordance with the law. This leave may be extended at the Company’s discretion.
b)A male Employee shall, immediately after the delivery or miscarriage of his declared wife, be granted (4) four working days of paternity leave.
c)For a female employee whose baby passes on shortly after birth, the employee may return to work upon the recommendation of an authorized medical Doctor and also upon written request by the said employee to the Company.
Section 36.Compassionate Leave
a)In special circumstances and upon application in writing, an Employee may be granted compassionate leave for a period agreed upon between the Employee and the Management of the Company depending on the circumstances of each case.
b)In the event of loss of a relative, the Employee may be granted compassionate paid leave in the following manner:-
c)All Employees irrespective of where their familes live, shall be entitled to 4 (four) days compassionate leave with full pay.
d)An Employee who intends to take compassionate leave must follow the Company’s leave application procedure. In this Article, a close relative shall mean the Employee’s recognized spouse (husband or wife), child, father, mother, sister and brother from a nuclear family. In other circumstances, the Employee may at the Company’s discretion, be allowed to proceed on an unpaid compassionate leave.
Section 37. Leave for Union Activities
The Company and the Union realize the need for a strong Union with well trained Union officials/members responsible for executing the affairs of the Union in the interest of both parties hereto and to the nation as a whole and therefore agree that the following leave with pay will be granted by the Company to the Union officials or any of the Employees (Union members) of the Company:
a)Leave to attend Union business/education shall be applicable to the Union executive members and such leave shall be with full pay provided that the employer has granted prior permission. Such permission shall not be unreasonably withheld.
b)The Union shall ensure that any required leave for Union business shall be reasonable and that such absenteeism will not be so prolonged in a manner that would affect the Company’s business. The Company will take into consideration the length of time for which leave is sought and the need to retain the Employee at
work during the requested period, in deciding whether to grant or refuse an application for leave.
c)The Union representative shall be granted leave of absence to attend Union activities, meetings/workshops at the permission of management in consideration of operational requirements of the company. Such leave shall not be unreasonably withheld and will be paid up to a maximum of 14 (fourteen) days per annum. The Union will give the employer at least seven days’ notice for such leave but in case of an emergency meeting, a notice of twenty 24 hours shall suffice.
d)) Any Employee(s) granted leave under this Section shall not accept employment elsewhere during such period.
Section 38. Study Leave
a)An employee, who requests for study leave may, at the discretion of the management of the Company, is granted such paid or unpaid study leave.
b)The Union shall continue to play its mediatory role in cases of disagreement between the management’s decision and the Employee’s concern.
Section 39.
Death Benefits
The parties to this agreement hereby agree on the following as death benefits for employees and their qualifying close family members.
a)That in the case of death of an employee, the Company shall contribute a minimum of UGX. 1,300,000 (One million and three hundred thousand shilling) towards the burial arrangement and pay all the deceased’s dues to the executor of the deceased’s Estates (Next of Kin)/or Administrator General. Such dues shall include outstanding salary/pay, leave days, overtime worked, public holidays worked and death gratulty .
b)That in case of death of the employee’s registered spouse, UGX. 300,000 (Three hundred Thousand shillings only) shall be paid to the employee for burial expenses.
d)That in case of death of the employee’s registered child regardless of age, UGX. 300,000 (Three hundred Thousand shillings only) shall be given to the employee for burial expenses.
e)That in case of death of the employee’s registered Bilogical parents, UGX. 300,000 (Three hundred Thousand shillings only) shall be given to the employee for burial expenses.
f)That the Management shall facilitate at least two employees to represent Management at the burial of the employee.
Section 40. Repatriation Allowance/Fees
a) Pursuant to 2006 Section 39 of the Employment Act 2006, it is agreed by the paties hereto that an employee upon leaving
employment and who is eligible for repatriation as in accordance with the Employment Act, 2006; i.e. upon, one appointed more than 100 km from where one is deployed to work and one who has served the company for more than Ten Years,shall be paid repatriation allowance of UGX. 400,000 ( Four hundred thousand Shillings).
Section 41.Cessation of Employment
Any staff member shall cease to be an Employee of the Company by virtue of the following:
a)Resignation At the discretion of Management, the company shall consider payment of up to the equivalent of the employees’ contractual notice period entitlement to an employee who has served the company for a continuous period of at least five years and who has given a written notice to the employer to resign as per his/her contractual obligation and as provided for in this CBA.
b)Termination Either the Employee or the Company may terminate the employment by giving the other party notice or payment in lieu thereof.
c)Lay-off, for purposes of this CBA refers to temporary suspension or permanent cessation of employment of an Employee or group of Employees due to certain positions being cut, dwindling finances, or work not being available.
d)Redundancy may occur in the following two situations:
Where the Company has ceased or intends to cease to carry on the business for the purposes of which the Employee was employed; or to carry on that business in the place where the Employee was so employed; or
e)the fact that the requirements of that business for Employees to carry out work of a particular kind, or for Employees to carry out work of a particular kind in the place where the Employee was employed by the Company, have ceased or diminished or are expected to cease or diminish.
f)Retirement An Employee may retire from his or her service in the Company in any of the following circumstances;
i Upon an employee making 55 (fifty five years); of age (mandatory Retirement)
ii Upon an employee being declared Medically unfit by a qualified medical practitioner;
iii Voluntarily at 50 (fifty) years of age and after working for 10 years;
g)Severance Pay’’ This refers to payment to an employee under the situation where the employer for his/her own reasons terminates the services of an employee who is still willing to continue in employment and has not committed an offence under the circumstances.
Section 42.Employment cessation Procedures
a)Procedure for Lay off.
i.The principles of last in-first out shall apply subject to skills, ability to do the job and work record being equal.
ii.The Company shall give the affected Employee and the Union written notice or salary and allowances in lieu of the notice as follows:
- During probation7 days
- After probation but less than one year 14 Days
- After six months and up to 5 years service 1(one) month
- Over 5 years to 10 years2(two) months
- Ten years and above3(three) month
iii.During the period of notice the Employee shall as far as it is practicable be entitled to reasonable amount of time off without loss of pay in order to look for alternative employment.
iv.An offer of re-engagement to an Employee laid off may be made by Management in the event of a suitable vacancy arising within 6(six) months of the date of the Employees lay off except that in certain circumstances, the Employee may be subjected to an interview
v.The onus of leaving a forwarding address lies with the Employee and if a reply from the Employee is not received within 15(fifteen) days from the date of the Management’s notification, the vacancy may be otherwise filled.
b)Procedure for Redundancy
To the extent possible, not less than (1) one month of the intended redundancy shall be given by the Management to the Union and Employee(s) to be affected. The employees to be made redundant shall be paid their benefits in accordance with the matrix in Sec. 43. on Retirement ,,, benefits herein below.
Section 43. Termination; Retirement; Lay-off; Redundancy; Severance Benefits
a)Termination Notice
i.Termination Notice shall be given or paid to a qualifying employee or employer as follows: During probation7(Seven) days
Afer probation to one Year14 (Fourteen) days
After six months and up to 5years service 1(one) month Over 5 years to 10 years2(two) months
Ten years and above3(three) months
ii.When an Employee is discharged under this Section all entitlements and benefits due to him/her e.g. annual leave, public holidays, overtime, transport allowances, gratuity and repatriation where applicable, shall be paid to the Employee on the date on which the notice expires.
b)Retirement; Lay-off; Redundancy; Termination and Severance Benefits i. The parties to this agreement hereby agree that for any employee who qualifies for any of the above categories herein (Sec.43 ) above shall be paid benefits in accordance to the matrix here below times the number of years the employee has served the company.
11.This shall mean that the qualifying employee shall be paid the percentage provided of one’s annual gross pay times the number of years of service with the company using the current pay.
| Old age 55 years | Voluntary Retirement | Medical unfitness | Layoff/ Redundancy / severance | Death |
| 6% | 6% | 6% | 6% |
| 7% |
Section. 44. Re-engagement after Retirement
Re-engagement of retired staff Employees on permanent or contractual basis if required shall only be done at the discretion of management.
Section. 45. Long Service Awards
a)An Employee who has served the Company for 5 (five) years continuously shall be awarded an official company certificate of recognition of one’s long service with the company and a gift voucher worth UGX.55,000 ( Fifty five thousand shilling)
b)An Employee who has served the Company for 10 (ten) years continuously shall be awarded an official company certificate of recognition of one’s long service with the company and a gift voucher worth UGX. 150,000 (One hundred fifty and fifty thousand shillings)
c)An Employee who has served the Company for 15 (fiften) years continuously shall be awarded an official company certificate of recognition of one’s long service with the company and a gift voucher worth a minimum UGX. 250,000 (Two hundred and fifty thousand shillings)
d)An Employee who has served the Company for 20 (twenty) years continuously shall be awarded an official company certificate of recognition of one’s long service with the company and a gift voucher worth a minimum of UGX. 450,000 (Four hundred and fifity thousand shillings )
e)An Employee who has served the Company for 25 (twenty five) years and above continuously shall be awarded an official company certificate of recognition of one’s long service with the company and a gift voucher worth a minimum UGX. 600,000 (six hundred thousand shillings)
Section. 46. Staff Meals
The Company shall provide descent meals and safe drinking water to all its Employees whilst on duty.
Section. 47. Traveling on Duty
Management shall meet all expenses of Employee while traveling on duty.
Section. 48. Out of Station Allowance
a)Out of station subsistence allowance shall be paid to an employee when he/she is required to carry out official duties 40 (Forty) vs 65 Km and beyond, away from his/her work station in the following manner:-
b)It shall be the responsibility of the company to facilitate the employees who are required to work in terms of transport, accommodation, meals and pay/ compenset for the overtime worke.
c)In instances where the employes has not facilitated in (b) herein above, he/she shall paid cash as here below.
I.Ugx. 20,000 per day
II.Ugx. 50,000 per night
Section. 49. Late Night Transport
a) The Company shall provide physical transport or an allowance back home to employees whose shift ends after 11:00pm in the night and in cases of any difficutly with a particular employee in this aspect shall be considered administratively.
Section. 50. Medical Treatment
a)MEDICAL BENEFIT; The company shall provide medical treatment to its employees in consideration of the OSH Act Cap, 230 and the Workman’s Compensation Act, Cap 231.
b)The parties to this agreement hereby agree that the company shall deploy a professional medical practitioner on call and adequately equip and operate a First Aid Box/Kit to offer treatment to the staff of the company.
d)The annexed medical policy marked Appendix “A” shall be followed to access the facilities.
Section 51. Acting Allowance
a)It is agreed that where an Employee is required to act in a position of higher grade over and above his/her position for a period in
excess of 28 (twenty eight) days, the Employee shall in addition be paid 20% of his/her gross salary.
b)This requirement shall be made in writing by the management.
c)Where an Employee acts in the same position for six months or with an extention of another three months other than by normal promotion the Employee will either be confirmed in that position or further extention in acting capacity shall be subject to fresh negotiation between management and the concered employee. Where need be, the employee shall reserve the right to call on a representative of his/her choice from either a fellow employee or the Union.
Section. 52. Social Security Fund
The Company and all Employees shall be required to contribute to the National Social Security Fund (NSSF) in accordance with the law.
Section. 53. Certificate of Service
When an Employee leaves the Company’s services of his own accord, or his/her service terminated under the provisions of this agreement, he/she shall be issued with a certificate of service. He/she will also be issued with a recommendation on request. Certificate of service will include name and address of Employee, name of Employee, dates of commencement and termination of service and type of work performed.
Section. 54. Incentive Bonus/Celebration Day.
a)The Company shall provide an annual bonus/incentive at its discretion depending on the achievements of the Company’s goal and objectives as shall be communicated to the staff at the beginning of each calendar year.
b)The Company will provide a Christmas, IDI Mubarak IDI Adhuha, or Easter hamper in the form of a gift voucher worth UGX 25,000 or hamper which should be commensurate to the performance of the Company during the year as an appreciation.
c)The Company shall put in place an incentive scheme that will be tagged to performance, scores of an open appraisal, GEI (Guest Experience Index) and other such measurements of departments, sections, and individual Employees.
PART FIVE SALARIES: RENUMERATION
Section.55. Service Charge
The company shall levy Service Charge on all its services e.g laudry,accommodation,conference, food, beverages, recreation, banquets,etc of which UGX 75,000 (Seventy five thousand shillings) shall be paid to all staff each calendar month
Section.56. SALARY REVIEW
The parties agree that for the bargaining period of 2025/28;
1.Minimum Salary under this agreement:
i.The parties to this agreement do hereby agree that the minimum salary to the lowest paid salary employee of the Company shall with effect from 1st March 2025 be adjusted to UGX. 350,000 (Three hundred and fifity thousand shilling)
ii.It is also agreed that no employee joining HOTEL AFRICANA LTD service with effect 1st March 2025, shall be paid a wage less than the minimum provided for in clause (i) above.
2.Considering the current economic situations that has effects and implications on both the employer and the employees, the parties hereto agreed that a general increase of salaries for; HOTEL AFRICANA LTD shall be considered by Management before the end of this year 2025 using the principle of decreasing the gap between the lowest paid and highest paid employees. This process shall be done in consultation with the Union and thereafter communicated to the staff.
3.The parties to this agreement further agreed hereto, that this CBA shall be effective from the 1st February 2025 for all categories of staff for two years and shall continue in force until otherwise amended by the parties thereto
Section. 57. Dispute Resolution
a)The parties shall endeavour to settle amicably any dispute or controversy between them arising out of this Pledge or in connection therewith. To this end, at the initiative of any party, the parties shall meet promptly to discuss the dispute and, if requested by the initiating party in writing, the other party shall reply in writing to any submission made by the initiating party concerning the dispute or controversy.
b)In the event that such measures as may be undertaken by the parties fail to lead to a settlement of the dispute or controversy within 30 (thirty) days, then either party will be at liberty to seek redress in the courts of law of the Republic of Uganda.
Section 58.Severability
If any clause in this CBA addendum is found to be unenforceable for any reason, that particular provision shall be severed and the rest of the CBA addendum provisions shall remain standing and enforceable.
Section 59.Confidentiality
It is agreed and understood that all communication and information between the parties shall be handed in strict confidentiality by both parties and shall not, at any time whatsoever, be disclosed by either party to a third party or published without the prior written consent of the parties hereto.
Section 60.Bi-partite Consultations
That future engagements on these matters by the parties hereto shall continue in furtherance of interests of the hotel, its employees and the union.
Section 61. Interpretation.
Interpretation of this agreement shall remain the duty of the Management and the Union chief negotiators where failure to interpret by the parties hereto, the matter may refer to the registrar of Labour Unions for that purpose.
Section. 62. Governing Law
This Agreement shall be governed by the laws of Uganda and shall however continue in force until otherwise amended by the parties thereto.
Section 63. Endorsement
IN WITNESS WHEREOF, the Parties hereto agree that this CBA is entered into and have unto set their respective hands and seals on 1st Day of March 2025 at HOTEL AFRICANA LIMITED, Kampala.
Uganda Hotels, Food, Tourism, Supermarkets & Allied Worker’s Union
Plot 477, Ssekabaka Kintu Road, Wakaliga, Lubaga P. O. Box 3799 Kampala (U).
Tel: +256 414 272 903, +256 700 107 722
E-mail: info@hts-union.org Website: www.hts-union.org YouTube: @htsunionuganda