Collective Bargaining Agreement

New31

THE REPUBLIC OF UGANDA

IN THE MATTER OF THE LABOUR UNIONS ACT CAP, 228

IN THE MATTER OF THE EMPLOYMENT ACT CAP, 226

AND

IN THE MATTER OF COLLECTIVE BARGAINING

AGREEMENT

UGANDA HOTELS, FOOD, TOURISM, SUPERMARKETS &

ALLIED WORKERS’ UNION (HTS-UNION) Email: info@hts-union.org

P.O. BOX 3799, KAMPALA

hereinafter called the “Company" of the one part)

BRITANIA ALLIED INDUSTRIES LIMITED

P.O. BOX 7518, KAMPALA; Email: bpl@dawda.co.uq

(Hereinafter called the “UNION” on the other part)

JUNE 2025

PART ONE GENERAL TERMS:

Section 1. Affirmation and Preamble

a.Cognizant of Article 29 and 40 of the National Constitution, the Labour Unions Act, Cap 228, the Employment Act Cap, 226 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 Food processing and beverage 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.This Collective Bargaining Agreement (CBA) is made to cover all unionized employees of Britania Allied Industries Ltd, P.O. Box 7518, Kampala in whichever locations they are deployed to offer labour.

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.

f.That reference to “The Union” in this agreement refers to HTS-Union. The Union shall be the sole body representing such employees.

g.The Company and the Union hereby do agree to enter into a Collective Bargaining Agreement (“CBA”) for employees on all matters concerning the terms and conditions of employment of the bargaining unit employees employed by the Company as represented by the Union;

NOW THEREFORE IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

Section 2:Definitions

Notwithstanding any other definition or meaning of the dictions herein, the key words in this CBA are here below described shall stand for the meaning as indicated hereto for the purpose of interpretation of this Agreement.

i.In this Agreement, “CBA” means Collective Bargaining Agreement with direct reference to this very Agreement.

ii.Abscondment: Shall mean a situation where an employee does not report to work for consecutive number of days without proper authorization and information.

iii.Bargaining Unit this means the categories of employees that fall within the unionisable grades as opposed to those identified under management herein.

iv.Disciplinary Committee Means that Committee composed of both management and Union representatives that is responsible for discharging and dispensing off disciplinary cases concerning employees.

v.Fixed Term Contract Shall mean a contact of employment offered to an employee for purposes of seasonal or one off job specification and requirement.

vi.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.

vii.Industrial Accident: shall mean, any accident that an employee meets while travelling to the place of work; the time the employee is on duty and while travelling to his/her home. For accidents that happen while commuting, the employee has the onus to show that the travel was directly related to their work eg present a police report.

viii.Industrial Disease: shall mean an ailment an employee suffers as a result of performing his/her duties assigned to him/her by the company.

ix.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.

x.Management shall refer to the Chief Executive Officer /Directors, General Managers and Managers.

xi.Miscarriage: is the loss of pregnancy by an expectant mother before 20 weeks of gestation.

xii.Premature: An expectant mother delivers a baby before 37 weeks of pregnancy

xiii.Repatriation Allowance/fee: Shall mean the allowance or fee paid to the employee as explained under section 52.

xiv.‘’Resignation’’ When an employee officially and procedurally stops or terminates his/her contract at his/her discretion/decision

xv.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;

xvi.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 10 (ten) years

•Voluntary at 50 (fifty) years of age, after working for more than 15 years.

xvii. Sexual harassment: is unwanted, unwelcome and unasked-for behavior 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.

xviii.Still Birth: is the death of fetus after 20 weeks of pregnancy, but before or during birth, meaning the baby is born with no signs of life.

xix.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

xx.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.

xxi.Termination’’ This refers to the situation where either the employer or the employee stops the employment appointment/contract.

Section 3. Purpose and Scope of the Agreement

a.The parties hereto agree that for 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.The parties to this agreement hereto agree that 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, obligations, privileges and 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 parties hereto also agree that Communication to all employees by the company/management on all matters regarding recruitment process, terms and conditions of employment, disciplinary actions and cessations of employment shall be done in writing to the employee unless otherwise provided for in this agreement or the law.

b.All new employees will be informed of this CBA by either party when their employment commences. This CBA will govern the relationship of such new employees with the Company if such employees accept to become members of the Union or as the law provides.

Section 6.Existing privileges:

The parties hereto also agree that 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:

The parties hereto also agree that new employees shall be engaged for a probationary period of six months. The Probationary period may be extended in special circumstances for a period not longer than Six months with the agreement of the employee.

Section 8.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 June, 2025 for a period of three (3) years and shall continue in force until otherwise amended by the parties except for PART Six 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 9.Principle for Salaries/Wages Review

The parties hereto also agree that 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 10.Union Dues Check-Off and Remittances

a.The parties hereto also agree that 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.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.

c.Any gratuity payable to paid unionizable employees who retire (for reasons other than medical reasons) will be subjected to a 2% Union dues. The said 2% will be withheld by the Company and transferred or remitted to the Union as soon as possible.

Section 11.Job Vacancy and Promotions

a.The parties hereto also agree that 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 when their employment commences and if they choose to join, they will remain fully paid-up members of the Union

b.The Management shall give top priority to the existing qualified or qualifiable employees for any post that may fall vacant. No employee shall be subjected to probationary period on promotion

Section 12.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 vice-vasa should be applied with the males.

PART TWO RIGHTS:

Section 13. Hours of Work

a.The parties hereto also agree that the normal working hours per week shall be a maximum of 56 (fifty-six) hours excluding meals time for all workers 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. Such hours so regulated shall however remain within the limitation of clause 13(a) above 13(c) below. In any case, no employee(s) shall be asked to report a broken shift of more than once a day. The Union may be invited for such discussions should the Company and employee fail to agree

c.Each week shall include a period of one day off, of not less than 24 (twenty-four) hours of continuous rest for the normal shift of 8.00 am to 5.00 pm, however the other shifts of 8.00 am to 8.00 pm and other specified department schedules shall include two days off of not less than 48 (forty-eight) hours of continuous rest.

Section 14. OVERTIME

a.The parties hereto also agree that all hours worked in excess of the agreed daily normal hours of work as per PART TWO; Section 13. of this agreement will be deemed to be overtime.

b.Any overtime worked shall be calculated at 1.5 (one and a half) times the hourly rate of gross pay on a normal working day.

c.Any overtime worked on gazetted public holidays shall be calculated at 2 (two) times the gross hourly rate.

d.Any overtime worked on rest days shall be calculated at 2 (two) times the gross hourly rate or time off in lieu. All overtime earned in a month is taxable.

e.Overtime rates shall apply only where at least 1 hour has been worked in excess of one’s normal working hours.

f.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.

g.It is also hereby agreed by the parties that management reserves the right to pay in cash or in kind thus by way of accumulating the hours and give the qualifying employee an extra off day when the Company is not busy.

Section 15. Payment of Salaries/Wages

a. The parties hereto also agree that 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 salaries/wages payment to the workers shall be met by the Company provided their accounts are in the banks agreeable and notified to the Company as aforesaid.

d.Salaries shall be paid by the last day of the month or in the worst case by the 5th day of the subsequent month.

Section 16.Public Holidays

a.The parties hereto also agree that 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 Section14. 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 as per part (a)for the public holidays he/she worked.

c.No Employee shall refuse the request of the management to work on a public holiday or holidays.

Section 17.Occupational Health, Safety and Welfare Committee:

a. The parties hereto also agree that the Company shall provide suitable uniforms, protective gears and clothing. There shall be an Occupational Health, Safety and Welfare Committee, which shall regularly review all matters relating to health, safety and welfare including the monitoring of the hygiene and quality of staff meals.

b.The committee shall be composed of:

i. 2(two)union leaders,

ii. 1(one)security representative,

iii. 1(one)engineering department representative,

iv. 1(one)HRM representative,

v. 1(one)Company nurse

vii. 1 (one) personnel in charge of health and safety

viii. 2(two) Quality controllers

c.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 231

d.The Company shall insure its workers for purposes of ensuring safety and healthy for the workers as well as avoiding fines and penalties in cases of industrial accidents, however in cases of Industrial Diseases, the Workman’s Compensation Act shall apply.

e.The OSH policy shall be incorporated with the Safety, Health and Environment Policy as shall be negotiated by the parties hereto.

PART THREE Disciplinary Code

Section.18. on Discipline (Warnings and Dismissals)

a.The parties hereto agree that 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 GM HR & Administration or any other General Manager

Level Two: Appeal Hearing chaired by a CEO

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.19. on Disciplinary Committee composition

a.The parties to this agreement do hereby agree that the Disciplinary Committee (DC) shall comprise of atleast 9 persons, 5 of whom shall be representatives of the Company and 4 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 GM HR & Administration or any other General manager and this committee shall handle all forms of cases (minor, serious and grave offences) at the internal initial grievance handling processes.

c.The Disciplinary Hearings (DH) at level two shall be conducted by the Disciplinary Committee (DC) under the chairmanship of the CEO or a Director of the Company and this committee shall handle cases 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.

h.The members of the DC should hear cases without bias, avoid being presumptuous, stay clear from showing favour and support of the offender and should make decisions basing on the facts of the case in the interests of both parties.

Section.20. Disciplinary Procedure

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 as a first offence. This will result in an informal/

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 section 22 in this CBA, (e) below . 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 one year 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 GM Human Resources 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 GM Human Resources 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. 21. on, 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.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).

c.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.

d.Written warnings may be issued in respect of all unexcusable absences subject to the decision of the disciplinary Committee depending on each circumstance of the matter in question.

e.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.

f.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

vi.failing to follow prescribed department or work site policy relevant to job duties and responsibilities.

v.any public behavior which has or may have the effect of bringing the Company’s reputation into disrepute.

Section.22. Dereliction:

The parties hereto also agree that 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.

b.prolonged meals attendance or, visit a friend

c.Psychological 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.

d.Psychological 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.

e.Deserting a position or post without an acceptable reason / authorization;

f.Tampering with company information on IT systems and websites

g.Because he/she wants to leave, Employee fails to implement essential security procedures;

h.Willful neglect leading to loss or damage of the Company interests and property, revenues and/or image;

i.Willfully ignoring guests or clients

j.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.

k.Reporting to work under the influence of an intoxicant e.g drugs, alcohol.

i.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.

m.Refusal to comply, adhere or execute Company Policies.

n.Rudeness to customers, supervisors or fellow employees witnessed by a third party.

o.Inciting other Employees to abscond from duty or behave in a manner that is contrary to the Company’s directives, interests or policies.

p.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.

The parties hereto also agree that 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 caused to the company by the employee

ii.Demotion;

iii.Reduction of salary;

iv.Suspension without pay;

v.withholding of salary increment or promotion; or

vii. Termination or dismissal.

Section.24. on Suspension for investigation

a.The parties hereto also agree that 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.

New Section.25. on Suspension as a sanction:

a.The parties hereto also agree that 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.

b.This type of suspension will be on half pay or without pay and for a period not exceeding two weeks.

Section.26. on Abscondment from Duty

a.The parties hereto also agree that an employee shall be considered as having absconded from duty after absenting himself or herself from his/her workplace without leave for a period of more than three/four days without any explanation being provided to the employer or his representative.

b.In case the employee considered for Abscondment reports back for duty, the disciplinary committee shall take into account extenuating circumstances if the employee is to resume his/her duties.

Section.27. on Disciplinary Appeals

a.The parties hereto also agree that appeal shall be sought with the General Manager or the Chief Executive Officer 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.

Section.28. Disciplinary cases referred to courts of Law.

a.The parties hereto also agree that union members involved in cases that are referred to courts of Law either by Britania or other authorities shall not be internally subjected to disciplinary hearing over the same charges until the matter is disposed of by the said court.

b.During the time the matter is before courts of law, the said employee shall not lose his employment until otherwise proved guilty by court, unless the said employee is found guilty of another offence within the Company, the said employee may be subjected to Britania disciplinary procedures accordingly.

c.However, the said employee shall not be paid salary and other emoluments by Britania after the expiry of the (4) fourth month if the matter is not yet concluded.

d.That for any period you continue with any court matter or in prison, Britania shall not liable to pay a salary beyond 4 months if the employee is acquitted and returns on duty

e.In case for some genuine reason, the company chooses not to reinstate the employee, the employee shall be retired with full benefits

PART FOUR PARENTAL RIGHTS, PROTECTION AND PRIVILEGES

Section 29.

Paternity leave

a.The parties hereby agree that a male employee shall, immediately after the delivery or miscarriage of his declared wife, be granted (5) five working days of paternity leave to enable him provide the required assistance at home. This leave shall be taken at the time of birth as per the legislation.

b.The employee upon return from the said leave shall provide documentation/proof of delivery of the child to Management.

Section 30. Maternity Leave

a.Female employees shall be granted maternity leave on full pay as per the legislation in force. Currently, this amounts to Ten (10) consecutive weeks. This leave can be extended by a period not exceeding that as may be recommended by a medical doctor/practitioner.

b.However, any further request by the employee to extend the maternity leave may be granted on such terms as Management may decide.

c.For a female employee whose baby passes on shortly after birth, the

employee may return to work, at least after 6 or 8 weeks of leave but upon the recommendation of an authorized medical Doctor and also upon written request by the said employee to the Company without any further claim apart from the regular pay.

Section. 31. Protection of female employees

The parties to this do hereby agree as follows;

a.A pregnant woman whose pregnancy is above 6 (six) months shall be exempted from night duty.

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.

c.Female employees with babies of below one 1(one) year old shall be handled administratively to fit within the work schedule and other relating situations may be administratively managed.

d.It is also agreed by the parties that the company shall provide appropriate uniforms for pregnant employees whose pregnancy is above 4 months as a requirement in the OSH Act Cap, 231 on provision of uniforms.

e.Management shall endeavor to design favorable work schedule for breast feeding mothers so as to allow them easy access to their babies for feeding purposes where applicable

f.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.

g.A female staff who comes back from Maternity leave shall be given a favorable duty roaster from 9:00am to 5:00pm to allow her take care of her baby for at least the first 6 months after reporting back.

h.A staff with a baby with special needs/complications shall be given ample/reasonable time for child care and hospital visits as Management and the employee may agree upon presentation of medical forms from a licensed medical practitioner.

Section 32. Maternity related sicknesses or confinement

a.Still birth: A female employee who experiences still birth shall be entitled to 8 weeks of leave.

b.Miscarriage: A female employee who loses pregnancy as result of

miscarriage shall entitled to at least 8 weeks of leave.

c.Premature: A female employee who gives birth to a premature baby, the said employees shall be entitled to full maternity leave benefits. In addition, the said employees shall be given further maternity leave days depending on the recommendation of a Doctor but on half pay.

d.In cases related to Still birth, Miscarriage, Premature and or Pregnancy or confinement affecting either the mother or the baby, and making the mother’s return to work inadvisable, the said employees shall be entitled to return to work within eight weeks after the date of childbirth, still birth or miscarriage and or as the employee and management may mutually agree.

e.In extenuating circumstances any further leave days to be considered shall be granted on the advice of the medical practitioner and payable at 50% of the employee’s salary.

PART FIVE BENEFITS AND ALLOWANCES

Section 33. ANNUAL LEAVE:

The parties hereto also agree that every employee shall be entitled to annual leave as follows: -

a.An employee having offered unbroken service between 1 (one) to 9 (nine) years shall be entitled to 23 consecutive days of leave annually.

b.An employee having offered unbroken service from 10 and above years shall be entitled to 30 consecutive days of leave annually.

c.In addition to annual leave pay, the employee shall be given leave traveling allowance UGX 120,000 (One Hundred and twenty thousand shillings) when proceeding on leave subject to one payment every year for the years July 2025, June 2026 to June 2027.

d.Allowances for leave will be paid prior to the date the leave commences and shall be paid cash.

e.An employee on leave who requires an extension should apply at least 48 hours before the expiry of the leave to his/her head of department and such extension will only be valid when approved.

f.All Heads of departments shall make annual leave rosters for all staff under them by 30th November of the preceding year. The rosters shall be sent to the Humans Resource Department which will compile one corporate annual leave roster for all staff of the Company by 31st December of each year.

g.In the exigencies of the Company service, an employee may be

recalled to duty before the expiry of his/her leave except in case of maternity /paternity leave, in which case the balance of the leave days due will be carried forward or paid for in cash, at the rate of two times his/her hourly salary rate.

Section 34.

SICK LEAVE:

An employee who has been continuously working for the Company for six (6) months and above, and who is unable to attend duty because of prolonged illness, shall be granted sick leave under the following conditions: -

a.One (1) month with full pay; another 15 days with half pay, 45 days without pay and thereafter the employee shall be retired and all the provisions of the Article on retirement shall apply. However, should the employee recover and be fit to work again, Management will consider such a case (s) depending on the availability of vacancy.

b.During the period that an employee is on sick leave, he/she shall continue to receive gross pay normally received when the employee is on duty provided that the sick leave is approved and/ or granted by the Company Senior Nurse.

c.Sick leave also includes injury to employees outside the workplace but does not cover industrial accidents.

d.In case of causal sickness, the employee will be entitled to a maximum of 12 days a year that shall be part of the prolonged sickness days. Any excess from the above shall be deducted from annual leave and it should be approved by the company Doctor.

e.The annual sick leave benefits are all subject to the employee producing medical report form signed/issued by a duly qualified medical practitioner appointed by the Company.

f.Under normal circumstances an employee shall be expected to inform the Company immediately by any means his/her inability to report to work not later than 24 hours from the date he/she falls sick.

g.Medical policy shall be negotiated and established between the Management and the Union to set procedures of access to medical facilities. (Refer to medical policy attached)

Section 35. SICK LEAVE DUE TO INDUSTRIAL ACCIDENTS AND INDUSTRIAL DISEASES:

a.In case of absence from duty as a result of an accident at the workplace, full salary/wages will be paid until person returns to work or until the Worker’s Compensation Act is applied.

b.In case of an employee receiving injuries that come under the terms of Worker’s Compensation Act, all provisions of the act shall apply.

c.In case of an employee developing an industrial disease, all provisions of the Third Schedule of the Workman’s Compensation Act Cap, 233 shall apply.

Section 36. COMPASSIONATE LEAVE:

The parties hereto also agree that in special circumstances and upon application in writing, an employee may be granted compassionate leave for a period as stated below:

a.In case of loss of a close relative, the employee shall be granted paid leave of a maximum of six (6) days per year as a minimum but at a rate of three days per occurrence and any other additional that shall be granted to affected employee after a discussion and agreement with management.

b.Close relative in this case shall include the employees recognized spouse, husband or wife, child, father and mother.

c.In other circumstances, the employee may be allowed to proceed on an unpaid compassionate leave.

Section 37. LEAVE FOR UNION BUSINESS /EDUCATION:

a.The parties hereto also agree that both the Company and the Union realize the need for a strong Union with well-trained Union officials/ members responsible to execute 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 leaves will be granted by the Company to the Union officials or any of the employees (Union members) of the Company and shall be without loss of pay.

b.Leave to attend Union business/education shall be applicable to the Union executive members and such leaves shall be on full pay provided that the employer has granted prior permission. Such permission shall not be unreasonably withheld.

c.The employee seeking such leave will give the employer at least forty-eight (48) hours’ notice but in case of an emergency meeting, a notice of twenty 24 hours shall be given.

d.Confirmation of all leave granted by the Company to any of its employee(s) under this clause shall be given to the employee(s). Upon return to work, the employee will provide a letter from the Union confirming that she/he attended to the Union business.

employment elsewhere during such period.

f.Such leave shall be a maximum of 10 days in each calendar year.

g.The parties hereto agree that the Management shall create office space with furniture, table and chairs to facilitate Union representation at work place.

h.Union Office Operation Hours

The Chief Shop steward and the Branch Secretary shall be accorded time off as part of working hours in intervals, to operate the union office in order to attend to workers’ issues. The time off shall be arranged administratively.

Section 38. LEAVE WITHOUT PAY:

The parties hereto also agree that leave without pay may be granted by mutual agreement between the employee and Management.

Section 39. STUDY LEAVE:

The parties hereto also agree that the General Manager or the Head of Department may grant leave with or without pay to an employee for purposes of further training.

Any such leave will be granted as follows:

a.Self-sought and privately sponsored employees will be granted leave without pay for the duration of the course. Such leave shall not exceed six months.

b.For short training courses approved by the management which do not exceed two months, such leave shall be granted with full pay.

c.Therefore, eligibility for study leave shall depend on the employee’s services contract having at least one years’ period before expiry. In addition, the option to give three (3) months’ notice by the employee shall be withdrawn for that period.

d.The Company’s mission will be used to determine the relevance of the courses. Management may consider releasing an employee on abscondment terms or otherwise on the same terms depending on the circumstances.

e.Study leave for the following categories of short courses will be regarded as study leave with full pay.

  • Approved part time courses (encroaching on the working hours)
  • Approved study tours
  • Approved seminars and conferences
  • Approved on the job training

Section 40. COMMUTER:

The parties hereto also agree that the Company shall provide transport back home and/or to nearest stages of public transport to all staff whose work ends after 9:00 pm.

Section 41. OUT OF STATION ALLOWANCE:

a.The parties hereto also agree that out of station subsistence allowance shall be paid to an employee when he/she is required to carry out official duties away his/her workstation in the following manner: -

  • Sales Executives/Staff 55,000@night
  • Promoters 55,000night
  • Drivers & Turn men (without bedsin the vehicle) 55,000 @night
  • Turn men (with beds in thevehicle) 35,000@night

b.In cases where one is required to perform duties away from the company during day, the prevailing fare to and from that destination shall be provided together with a lunch allowance of UGX 10,000/- (Ten Thousand Shillings only) for the years 2025 to 2027.

Section 42. ACTING ALLOWANCE:

a.The parties hereto also agree that it is agreed that where an employee is required to act in a position of higher grade over and above that which is substantive to him/her for a period in excess of 30(thirty) days, the employee shall be paid an extra 25% of his basic salary. This requirement shall be made in writing by the head of department and approved by the General Manager Human Resources and Administration.

b.Should an employee act for six (6) months other than a normal promotion then he shall be confirmed in that position.

Section 43. NIGHT ALLOWANCE:

a.The parties hereto also agree that an employee shall be paid for every night worked, an allowance and the policy shall not be discriminative irrespective of the department the employee is engaged. Night allowance for all qualifying employees shall be UGX. 3.000 for the period, June 2025 to June 2028.

Section 44. STAFF MEALS:

b.The parties hereto also agree that the Company shall provide descent meals to all its employees whilst on duty as specified below;

  • Morning shift- Morning tea with a bite and lunch
  • Evening /night shift- Evening tea with a bite and dinner

c.Lunch and dinner shall be offered at cost sharing system where the employee pays 500/- shillings, and the balance is met by the Company. The tea with a bite shall be taken before one starts his/her shift and or as the Management may determine from time to time.

Section 45. MEDIC

AL TREATMENT:

a.The parties hereto also agree that the Company shall provide free medical consultancy and first aid to its entire employees as per the annexed medical policy agreed upon between the Union and the Management.

b.Management and the Union shall update the current medical policy, develop and print into booklets which shall be circulated to all employees.

Section 46. HIV/AIDS POLICY:

The parties to this agreement here by agree that the company shall establish HIV/AIDS policy at the workplace and a committee shall be established for purposes of implementation and Management of this policy. Appendix “C” as attached.

Section 47.

DEATH BENEFITS:

a.The parties hereto agree that in case of death of an employee, the Company shall be responsible for transportation of the deceased’s body to its place of final rest, provide a coffin, wrapping materials, and a wreath.

b.The company shall contribute condolence fee of UGX. 1,000,000 (One Million Shillings) 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 severance/death gratuity pay, outstanding pay, e.g. leave pay, overtime worked public holidays worked.

c.In case of death of an employee’s registered spouse, the company shall contribute UGX. 900,000/= (Nine hundred thousand).

d.In case of death of an employee’s registered child of less than 18 years of age or up to 21 years of age if the child is still at school, the company shall contribute UGX. 700,000 (seven hundred thousand). This facility shall extend up to two children only. Due to Covid, there was a lapse in education so some children will attain that age while still studying. I think it should be up to 25 years if the child is still in school.

e.In case of death of an employee’s registered parent, the company shall contribute a minimum of UGX. 500,000 (five hundred thousand) and any additional at management discretion on provision of a death certificate of the deceased parent and the National Identity Cards said of the parties.

f.The Management shall transport at least two employees to represent the parties hereto at the burial of the employee for a maximum of two days.

g.Death benefits shall be paid in accordance to Sections 48 and 49 on gratuity pay in this CBA for the deceased employee that shall be transferred to the family (next of kin).

Section 48. GRATUITY

a.The parties hereto also agree that all the entire accumulated gratuity from the past years till 30th April 2019, shall be calculated with the computation done using the employee’s gross salary earned up to that period and capped as at that date and a provision for this gratuity shall be created in the company accounts.

b.With effect from May 2019, the employees’ gratuity shall be calculated for each year separately as follows in sub-sections (a, b, c) herein and added to the same provision for gratuity in the company accounts.

c.Any employee terminated on the grounds of professional misconduct, and or unethical business misconduct may not be paid as per the CBA clauses and the portion of the gratuity fund will be receipted back in the company books. Can we change this to read ‘dismissed’?

Section 49. RESIGNATION / RETIREMENT:

The parties to this agreement hereby agree that Termination notice under this clause shall apply in the following cases:

a.Resignation

An employee having served the company for a continuous period of five to nine years and wishes to resign but follows the required notice in tendering a resignation, he/she shall be paid a terminal benefit (gratuity) equivalent to the recommended notice period depending on the number of years served. This will be on top of other entitlements like accumulated annual leave, overtime and worked days.

b.Retirement benefits

An employee having served the Company shall be entitled to the following retirement benefits (gratuity) regarding old age and medical unfitness, on leaving the company: - 10% (ten percent) of the employee’s annual gross salary pay calculated using the salary for each subsequent year for the years worked from May 2019, in addition to the capped gratuity as of April 2019.)

  • Medical unfitness
  • Old age of 55 (fifty-five

c.Voluntary retirement benefits

Voluntary at 10, 15 & 20 years

i.An employee having served the Company for at least 10(ten) consecutive years shall be entitled to a retirement package calculated at 08% (eight percent) of the employee’s annual gross salary pay calculated using the salary for each subsequent year for the years worked from May 2019, in addition to the capped gratuity as of April 2019.

ii.An employee having served the Company for at least 15(fifteen) consecutive years shall be entitled to a retirement package calculated at 09% (nine percent) of the employee’s annual gross salary pay calculated using the salary for each subsequent year for the years worked from May 2019, in addition to the capped gratuity as of April 2019.

iii.An employee having served the Company for at least 20(twenty) consecutive years shall be entitled to a retirement package calculated at 10% (ten percent) of the employee’s annual gross salary pay calculated using the salary for each subsequent year for the years worked from May 2019, in addition to the capped gratuity as of April 2019.

d.Lay off benefits

i.After probation, either party will give the other notice or pay in lieu thereof as follows: -

  • During probation 7(seven) days
  • After six months up to one year 14(fourteen) days
  • Between 1 year and 5 years’ service 1(one) month 
  • Over 5 years to 10 years 2(two) months
  • Ten years and above 3(three) months

ii.When an employee is discharged under this clause all entitlements and benefits due to him/her e.g., annual leave, public holidays, overtime and transport allowances shall be paid. Early retirement or delayed retirement will be at the discretion of Management and the Union.

iii.An employee having served the Company shall be entitled to the following lay off benefits on leaving the company: -

iv.10% (ten percent) of the employee’s annual gross salary pay calculated using the salary for each subsequent year for the years worked from May 2019, in addition to the capped gratuity as of April 2019.

e.REDUNDANCY BENEFITS:

i.As much notice as 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.

ii.An employee shall be entitled to redundancy benefits in the following manner: - An employee’s 10% (ten percent) of the employee’s annual gross salary pay calculated using the salary for each subsequent year for the years worked from May 2019, in addition to the capped gratuity as of April 2019.

f.Procedure for redundancy and 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.As much notice as possible (not less than 1 one month) of the cause of intended layoff will be given by Management to the Union and the employee(s) to be affected.

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 another employment.

iv.An offer of re-engagement to an employee laid off will be made by Management in the event of a suitable vacancy arising with 6(six) months of the date of the employees lay off. The onus of leaving a forwarding address lies with 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 filed from other sources.

g.Cessation of employment Notice application

Termination notice shall be either paid in lieu or served. However, if notice is served, the company may request the employee due for termination, lay-off, redundancy, retirement to stay home in preparation for his/her end of employment and instead be paid the notice on a monthly basis pending final terminal benefits payment.

Section 50. SEVERANCE PAY:

a.The parties hereto also agree that an employee who is discharged from duty and is eligible, or qualifies to be settled under this clause of severance pay, it is agreed upon by management and union as per Employment Act Cap, Section 88, that severance pay shall be one month’s salary of that employee.

b.In the event that an employee is eligible for gratuity, severance pay shall be considered to have been paid in that gratuity or any other benefit paid.

c.Severance pay shall be considered in accordance to Section 88 of the Employment Act Cap, 226.

Section 51. LONG SERVICE AWARD:

a.The parties hereto agree that for the purpose of appreciating, motivating, consolidating loyalty and recognizing the services of the employees, the company shall pay long service awards plus a certificate of proficiency as per the matrix herein below;

NO

Years worked

Current pay

1

5 years

Nil

2

10 years

200,000

3

15 years

300,000

4

20 years

400,000

5

25 years

Nil

b. The awards will be given during an event that shall involve both management and the Union leaders at the company. The ceremony shall be arranged by management.

Section 52. Repatriation Allowance/Fees

b.It is agreed by the parties hereto that an employee upon leaving employment and who is eligible for repatriation as in accordance with the Employment Act Cap, 226; shall be paid repatriation allowance of UGX. 1,000,000 (one million). Details follow:

c.An employee who was recruited for employment at a place more than one hundred kilometers from his or her home, shall have the right to be repatriated at the expense of the employer in the following circumstances:

i.On expiry of the period of service stipulated in the contract

ii.On the termination of the contract by reason of employee’s sickness or accident

iii.On termination of the contract by agreement between the parties, unless the contract contains a written provision to the contrary.

iv.On the termination of the contract by order of the Labour Officer, the industrial court or any other court

d.Where the family of the employee has been brought to the place of employment by the employer, the family shall be repatriated at the expense of the employer, in the event of the employee’s repatriation or death.

e.Where the employee has been in employment for at least ten (10) years, he or she shall be repatriated at the expense of the employer, irrespective of his or her place of recruitment.

f.At cessation of employment, the employee being repatriated shall be paid his/her repatriation allowance before he/she leaves the company

Section 53. COMMENCEMENT PERIOD FOR COMPUTATIONS:

The parties hereto agree that the commencement period for computing any benefits under Sections 49 of this agreement (i.e., death benefits; severance pay; retirement, resignation and lay off benefits; and long service awards) shall not go beyond/exceed the date of incorporation of the company i.e., September 2002.

Section 54. SOCIAL SECURITY FUND:

The parties hereto also agree that the Company and all employees shall be required to contribute to the National Social Security Fund (NSSF) as by law established.

Section 55. BETTER TERMS AND CONDITIONS OF SERVICE:

The parties hereto mutually agreed and understood that no clause of this agreement shall prejudice or deprive an employee(s) of any

benefit(s) offered by the Company which are established and are better than those provided in this agreement.

PART SIX SARARIES AND WAGES

Section 56: Minimum Salary:

Minimum Salary and the related aspects:

a)The parties to this agreement do hereby agree that the minimum salary to the lowest paid salary employee of the Britania Allied Industries Ltd (BAIL) shall with effect from 1st June 2025 be UGX. 400,000 (Four Hundred thousand)

b)It is also agreed that no employee joining BAIL service with effect 1st June 2025, shall be paid a wage less than the minimum provided for in clause 1(a) herein above.

Section 57: Salary Increments:

a. Considering the current economic situation that has effects and implications on both the employer and the employees, the parties agreed that a general increase of salaries for; Britania Allied Industries Ltd shall be effected to all employees as per the matrix here below for the year July, 2025 to June 2026.

 

Strata/category of employees

Increment UGX percentage

For the year 2025/2026,

i

Employees currently earning a salary between UGX 400,000/= and UGX 500,000/- shall be raised by:

7%

ii

Employees currently earning a salary between UGX 500,000/= and UGX 1,500,000/- shall be raised by:

6%

iii

Employees currently earning above UGX 1,500,000 shall be raised by:

5%

b. The parties hereto agreed that section 57 (a) herein shall be effective from the 1st of June 2025 for a period of three years. The parties also agree that if the performance of the business improves during the period of the CBA, the parties may sit to review this section.

Section 58. CERTIFICATE OF SERVICE:

On the termination of contract of service, an employer, if so, requested by the employee, shall provide the employee with a certificate indicating:

a.The name and addresses of the employer and employee

b.The nature of the employer’s business

c.The length of employee’s period of continuous employment with the employer

d.The capacity in which the employee was employed prior to termination

e.The wages payable at the date of termination of the contract

f.Where the employee so requests, the reason or reasons for termination of the employee’s employment

Section 59. Bi-partite Consultations

That future engagements on these matters by the parties hereto shall continue in furtherance of interests of the company, its employees and the union.

Section. 60. 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. 61. Endorsement

a.The parties to this agreement further agreed hereto, that this CBA shall be effective from the 1st June, 2025 for all categories of staff for three years and shall continue in force until otherwise amended by the parties thereto.

b.The parties hereto further agreed that any amendments to this agreement as may be reviewed in future, shall be made addendums to this existing agreement.