THE REPUBLIC OF UGANDA
IN THE MATTER OF THE EMPLOYMENT ACT, 2006 AND LABOUR UNIONS' ACT, 2006
IN THE MATTER OF THE COLLECTIVE BARGAINING AGREEMENT (CBA) BETWEEN HTS-Union AND LAICO LAKE VICTORIA HOTEL, ENTEBBE AND UGANDA HOTELS, FOOD, TOURISM, SUPERMARKETS & ALLIED WORKERS' UNION (HTS- Union) - 2016
NOVEMBER, 2016
AGREEMENT PREAMBLE
This Agreement is made between LAICO LAKE VICTORIA HOTEL on one part hereinafter referred to as "The Employer" or "The Company" and; Uganda Hotels, Food, Tourism, Supermarkets & Allied Workers' Union (HTS-Union) hereinafter referred to as "The Union" on the other part.
It is made on behalf of unionisable employees of LAICO LAKE VICTORIA HOTEL as a Supplementary Agreement to the Collective Bargaining Agreement between Uganda Hotels Owners Association (UHOA) and Uganda Hotels, Food, Tourism, Supermarkets & Allied Workers' Union (HTS-Union) referred to as SCHEDULE
"C". It is voluntarily entered into by the parties to review the existing one that was signed in 2013.
SECTION 1: TERMS OF REFERENCE
In matters of Recognition and Negotiation procedure the parties to this Agreement, meeting together in free and voluntary negotiation agree:-
1. Whereas UHOA negotiated the said CBA on behalf of its member establishments with HTS-Union, section (ii) of its preamble, provides for individual Company to negotiate with the Union supplementary agreements to the CBA on matters relating to wages and benefits.
2. That the terms and conditions of employment stipulated in the said CBA between UHOA and HTS-Union; shall be binding as the main CBA and together with this Supplementary Agreement, they both shall be legal agreements stipulating terms and conditions of employment for all Unionisable employees of LAICO LAKE VICTORIA HOTEL
3. To negotiate this supplementary agreement to regulate LAICO LAKE VICTORIA HOTEL unionisable employees' salaries and benefits not determined in the CBA between UHOA on behalf of its member establishments.
4. That reference to "The Union" in this agreement refers to HTS-Union. The UNION shall be the sole body representing such employees.
5. That both HTS-Union shall form a committee of a minimum number of four (4) representatives and maximum of six (6) for purposes of negotiation of this supplementary agreement and all other subsequent agreements.
6. That the employer on the other hand shall nominate not less than three management staff members one of which must be from the Human Resource department, who jointly with the committee from "The Union" shall form what is referred to as a Joint Consultative Committee/ Negotiation Committee that will be responsible for all CBA matters including disputes, perceived or real to the implementation of this supplementary agreement.
7. That all grievances real or perceived shall be discussed with LAICO LAKE VICTORIA HOTEL by the Union's Works Committee.
8. The Employer undertakes to use every endeavor to ensure that all management staff are fully aware of the full recognition accorded to the Union.
9. The Company and the Union subscribe to joint consultation with each other through the established Joint Consultative Committee and both parties agree
to co-operate to bring about the maintenance of effective labour relations in the work place.
SECTION 2: GUIDING PRINCIPLE
The employer and the union agree that when negotiating this agreement, the guidinq principle shall be;-
1. To regulate relations between them in the interest of mutual understanding and co-operation.
ii. To ensure the speedy and impartial settlement of real or alleged disputes or grievances.
iii. To obtain a continuous improvement in workers' earnings. Based on the ability of the salary guidelines should this be put in place,
iv. To ensure high standards for productivity
SECTION 3: DEATH BENEFITS/EXPENSES
a) In the case of death of an employee, the Company shall transport the deceased's body to its place of final rest free of charge, provide a coffin, wrapping materials, a wreath, condolence fee of one month's pay and pay all the deceased's dues to the Administrator General or Executor (Next of Kin) to the deceased's estates. Such dues shall include but not limited to; outstanding pay, leave and gratuity.
b) If it is the employee's registered spouse UGX. 600,000/= (six hundred thousand shillings only) shall be given to the employee for burial expenses.
c) If it is the employee's registered child of less than 18 years of age and/or up to 21 years if the child is still going to school, UGX. 600,000/= (six hundred thousand shillings only) shall be given to the employee for burial expenses.
d) An employee who dies while in employment with a minimum of five 5 years of continuous service to the company, shall be paid 7% of his annual gross pay times the number of years worked on top of the entitlements under this clause, save for those who shall have attained ten and more years of service whose benefits fall under the retirement provisions.
e) Management shall facilitate at least two employees to represent Management and the Union at the burial of the employee for a maximum of two days.
SECTION 4: LEAVE BENEFITS
An employee of the company proceeding on annual leave shall be entitled to between UGX. 250,000 and 350,000 in accordance with the management's set grades to cater for transport for self, spouse and dependent children below 18 years of age to his/her home.
SECTION 5: REPATRIATION ALLOWANCE/FEES
An employee upon leaving employment and who is eligible for repatriation as in accordance with the Employment Act 2006, i.e. upon death; or one appointed away from the workplace and has served for more than ten years; shall be paid repatriation allowance of UGX. 400,000/- (four hundred thousand shillings only)
SECTION 6.1: RETIREMENT/RESIGNATION/LAYOFF/REDUNDANCY/SEVERANCE
Termination notice under this clause shall apply in the following cases:
a) Retirement
- 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 irrespective of one's age
b) Resignation
c) Layoff
d) Redundancy
SECTION 6.2: RETIREMENT BENEFITS
An employee having served the Company shall be entitled to the following retirement benefits upon leaving the Company as a result of attaining old age and medical unfitness:-
a) 8% (eight percent) of the employee's annual gross pay times the number of yean worked with the company.
b) However this retirement package shall be paid to an employee up to a period of 15 years of service with the company using the employee's current pay.
SECTION 6.3: VOLUNTARY AT 50 YEARS OF AGE AND AFTER WORKING FOR 10 YEARS CONSECUTIVELY
a) An employee having served the Company for at least 10(ten) consecutive year: and also attained 50 years of age shall be entitled to a retirement package calculated at 5% (five percent) of the employees current annual gross pay times the number of years worked with the company up to a maximum of 15 years.
b) However, the decision to accept this retirement shall be at the discretion of the company and the Union.
SECTION 6.4: VOLUNTARY AFTER WORKING FOR 15 YEARS IRRESPECTIVE OF ONE'S AGE
a) An employee having served the Company for at least 15 consecutive years shall be entitled to a retirement package calculated at 6% (six percent) of the employees current annual gross pay times the number of years worked up to a maximum of 15 years.
b) However, acceptance of an employees' retirement application under this clause, shall be at the discretion of the company and the Union.
SECTION 6.5: RESIGNATION
An employee having served the company for at least five years, shall qualify to be paid resignation benefit, upon tendering in a resignation with full notice in accordance with the law as here below provided:-
a) At least 5 - 9 years of service; Two months' lump sum salary shall be paid.
b) After the employee serving for more than ten (10 - 14) years, he/she shall be paid three months' lump sum.
c) Normal notice pay in lieu in addition to the above provisions shall apply if management at its discretion chooses that the employee should not work during the resignation notice period.
SECTION 6.6: REDUNDANCY/LAYOFF BENEFITS AND SEVERANCE PAY
An employee shall be entitled to Redundancy/Layoff Benefits as per the current CBA in force and that Severance Pay is at the rate of one month's wages for each completed year of service using the current pay.
SECTION 7: LONG SERVICE AWARD
a) An employee who has served the Company for ten (10) years respectively shall be appreciated with a one month's pay award together with a certificate in recognition of the employee's services rendered to the company.
b) In the event the employee is leaving before the close of the year where he/she attained the said years' service, then it will be issued at the time of end of employment.
SECTION 8: B0NUS
a) The Company may provide an annual bonus/incentive at its discretion depending on the achievements of the Company's goals and objectives as communicated to the staff at the beginning of each calendar year.
b) The bonus so decided will be distributed equally among all employees. This shall include casuals who have served for at least six months.
SECTION 9: OUT OF STATION ALLOWANCE
Out of station subsistence allowance shall be paid to an employee when he/she is required to carry out official duties 20 (twenty) Kilometers and beyond away from his/her work station in the following manner:-
(i) UGX. 10,000/= (ten thousand) shillings per day.
(ii) UGX. 60,000/= (sixty thousand) shillings per night.
(iii) Out Of Station Subsistence allowance outside Uganda, shall be as the company policy.
SECTION 10: STAFF MEDICAL BENEFITS
Management shall continue to offer medical services/benefits to its employees. It shall be revised from time to time based on the company's ability to pay in consultation with the Union.
SECTION 11: SERVICE CHARGE
The Company shall levy a 5% service charge on all its services e.g. laundry, rent, conference, food, beverages, recreation, banquets, etc; which shall be distributed equally among all the staff who are contracted by the company.
SECTION 12: PREVILLAGES OF FEMALE EMPLOYEES
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 a mother as absence as long as proof of attendance is provided to management i.e. antenatal record and immunization card.
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 l(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.
SECTION 13: OCCUPATIONAL HEALTH, SAFETY AND UNIFORMS
The company shall continue to maintain all existing devices and practices for the purposes of promoting safe and Healthy working conditions in conformity with the Occupational Safety and Health Act 2006.
There shall be a safety and Health Committee, which shall regularly review all matters relating to safety and health (staff who lift heavy objects e.g. housekeepers, should be targeted as priority). One member shall represent the union on the said committee.
The employer shall provide at any given time an applicable uniform and/or appliances, safety clothing and gadgets to the staff as a requirement of law and policy in order to perform the job diligently.
Provided that:
a) Uniforms will remain the property of the employer.
b) Loss or willful damage by the employee may be charged to that employee for replacement or repairs as the case maybe.
SECTION 14: THE RIGHT TO STOP AND SEARCH STAFF
Both parties to this Agreement do recognize the importance and the right of security personnel of the Company to carry out the Stop and Search practice, however the act of carrying out 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.
SECTION 15: HIV/AIDS POLICY.
The Company shall establish an HIV/AIDS policy at the work place and shall ensure its implementation as per Appendix ”B" here attached.
SECTION 16: ACTING ALLOWANCE
An Employee who is acting in a particular position/job for more than one (1) month shall be paid an additional 100,000/= per month as acting allowance.
CONCLUDED AND SIGNED ON THIS 30th DAY OF DECEMBER 2016
For and on behalf of the Company, Laico Lake Victoria Hotel
Marc Peters - General Manager
For and on behalf of the Union, Uganda Hotels, Food, Tourism, Supermarkets & Allied Workers' Union (HTS-Union)
Mugole Stephen - General Secretary
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SCHEDULE 1: SALARY REVIEW
1. The Minimum Salary of UGX. 300,000/- that is provided by the company to a new employee on contract or permanent basis that was effective September 2013, shall continue in force until reviewed in the same way.
2. The parties to this agreement do hereby agree that salary increment of 7% shall be effected on staff wages/salaries. This increment is for the period 2017 - 2018.
It shall take effect on 1st January 2017 and shall stay in force up to end of 2018.
This increment shall apply to permanent and contract employees that have been in the employment of Laico Lake Victoria Hotel for at least one year.
3. The above salary review does not cover management staff whose salaries are determined by Top Management.
SCHEDULE 2: CASUAL/WAGE CLAIM EMPLOYEES
(a) All casual staff shall receive 1500/= per hour worked.
(b) All casual staffs that attain at least 4 months of continuous service shall be Terminated or awarded a contract of employment.
SCHEDULE 3: UNION CHECK-OFF AND REMITTANCES
a) Any employee recruited to fill and or employed in any of the unionisable grades 2011 the union in accordance with the labour Unions (Check Off) Regulations,
b) Management shall deduct and remit a levy prescribed in the above said Regulations together with union dues after receiving consent forms from the employees who have agreed to join the union including Employees who are not members of the union but benefit from the terms of this CBA.
c) It shall be the responsibility of the Union to inform the employees of the two available options, whether to join and subscribe the 2% as Union Dues or opt not to join and be levied the 1% herein above referred to.
d) New employees shall only be subjected to this levy after their probation.
e) All other employees who retire and are paid gratuity as per this CBA shall be subjected to 2% deduction to the Union.
f) Negotiated gratuity on voluntary retirement shall attract a 2% deduction to the union.
SCHEDULE 4: REVIEW PERIOD
The Company and the Union concluded negotiations on Schedule "1" in relation to benefits, salaries and allowances and the parties further hereto, agreed that this agreement shall be effective from the 1st January, 2017 for a period of two (2) Years and shall be due for review on the 1st January, 2019 unless economic conditions ruling in Uganda or the Company take spectacular and/or sudden change.
CONCLUDED AND SIGNED ON THIS 30th DAY OF DECEMBER 2016.
*For and on behalf of the Company: Laico Lake Victoria Hotel
General Manager: Marc Peters
Financial Controller (Management): Kyoloobi John
Human Resource Manager: Katushabe Doreen
*For and on behalf of the Union: Uganda Hotels, Food, Tourism, Supermarkets and Allied Workers' Union (HTS-Union)
General Secretary: Mugole Stephen
General Treasurer: Sabiti Elijah
Director Planning and Operations: Mauku Moses
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APPENDIX "B"
HIV/AIDS POLICY OF LAICO LAKE VICTORIA HOTEL (LLVH) AGREED UPON BY Laico Lake Victoria Hotel and Uganda Hotels, Food, Tourism, Supermarkets and Allied Workers' Union (HTS-Union)
Introduction
LAICO lake victoria Hotel, the Board of Directors, Management and the Union acknowledge the seriousness of the HIV/AIDS epidemic in Uganda and its significant impact on the workplace. it shares the understanding of AIDS as a chronic, life threatening diseases with social, economic and human rights implications. The hotel seeks to minimize these implications through comprehensive and productive HIV/AIDS programs. management commits itself to providing leadership in implementing programs such as trainings for peer educators, provision of more techical staff within Entebbe community. This HIV/AIDS workplace policy has been developed and will be implemented in consultation with stake holders of the Hotel. (Board, employers, employees etc).
Policy Principles
1. Confidentiality:
All information and test results of an employee concerning HIV and AIDS are confidential. An employee may give information or written consent to release such information to individuals specifically identified by an employee.
2. Counseling & Testing (Pre -Test, Post-Test, Follow-up)
The Hotel rejects HIV testing as a pre-requisite for recruitment, access to training or for promotion. However, the hotel will promote and facilitate access to Voluntary (vct) for all employees.
3. Occupational Health and Safety
Risk of HIV infection at the workplace is managed through following standard OHS at work and in case of emergency the company will provide medical personnel to handle emergencies.
4. Prevention
The company will participate in preventing HIV/AIDS by provision of basic information on HIV /AIDS and its modes of transmission. The company will in this respect train workers as peer educators who will spear head the education process. Recognizing the need for all employees/ to be accurately informed by peer educator about HIV infection and AIDS, management will make information and educational materials and seminars available. Co-workers concerns will be handled in an educational fashion. The Human Resources Department can provide information and educational materials.
5. Creating a non-Discriminatory and Caring Environment
The hotel does discriminate against employees/ or applicants living with or affected by HIV (Human Immunodeficiency Virus) or AIDS (Acquired Immune Deficiency. Employees living with HIV/AIDS have the same rights and obligations as all staff members and they will be protected against all forms of unfair discrimination based on their HIV status.
6. Collaborating with Partners
LLVH will collaborate with other providers of health services to maximize availability of services to workers. In addition, the names of community-based organizations in our operating areas are appended. Consult one of these groups for support and information. Supervisors and managers are encouraged to contact the Human Resources Department for assistance in providing employees with information and assistance.
7. Treatment
The company will make the necessary referrals where necessary and may treat opportunistic infections where possible. The company will work with partners to provide ARVs where possible.
8. Creating a non-Discriminatory and Caring Environment
LLVH does not unlawfully discriminate against employees/ or applicants living with or affected by HIV (Human Immunodeficiency Virus) or AIDS (Acquired Immune Deficiency Syndrome). LLVH recognizes that HIV infection and AIDS, the most serious stage of disease progression resulting from HIV infection, pose significant and delicate issues. Accordingly, we have established the following guidelines and principles to serve as the basis for handling employee situations and concerns related to HIV infection and AIDS.
I.
LLVH is committed to maintaining a safe and healthy work environment for all employees. This commitment stands on the recognition that HIV/ AIDS, is not transmitted through any casual contact.
II.
LLVH will treat HIV/ AIDS the same as other illnesses in terms of all employee policies and benfit including NSSF and leaves of absence. Employees living with or affected by HIV/ AIDS will be treated with compassion and understanding, as would employees with other disabling conditions.
III.
Co-workers are expected to continue working relationships with any employee who has HIV/ AIDS. Co-workers, who refuse to work with, withhold services from, harass or otherwise discriminate against an employee with HIV/ AIDS will be subject to the same disciplinary procedures that apply to other policy violations.
IV.
Information about an employee's medical condition is private and must be treated in a confidential manner. In most cases, only mangers directly involved in providing a reasonable accommodation or arranging benefits may need to know an employee's diagnosis. Others who acquire such information, even if obtained personally from the individual, should respect the confidentiality of the medical information.
V.
Recognizing the need for all employees to be counseled especially with people living with HIV/AIDS.
VI
LLVH maintains an "open-door" policy. Employees living with or affected by HIV infection and AIDS, and those who have any related concerns, are encouraged to contact their supervisor, their Head of Department, the Human Resources Manager or the General Manager to discuss their concerns and obtain information.
If you have questions about this policy, its interpretation, or the information upon which it is based, please contact any of the individuals listed in item 7 above.
This policy will be reviewed annually and revised as necessary in the light of chanqing conditions and the findings of surveys/studies conducted.
Signed
Marc Peters: General Manager
Stephen Mugole: General Secretary
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BASIC INFORMATION ON HIV/AIDS
i. What is HIV?
HIV is a blood borne virus and is spread only through intimate contact with blood semen vaginal secretions, and breast milk. For over ten years, scientists have made new discoveries about HIV infection and AIDS. But one piece of information has never changed - how the disease spreads. Scientists have recognized this fact since 1982. The basic facts about HIV transmission and prevention are sound.
This virus slowly weakens a person's ability to fight off other diseases, by attaching itself to and destroying important cells that control and support the human immune system (CD 4+ cells). After a person is infected with HIV, he or she, although infectious to others, can look and feel fine for many years before AIDS is develops.
ii. HIV causes AIDS
AIDS is a disease that affects thousands of Ugandans It is caused by a virus called HIV which stands for Human Immunodeficiency Virus. There is no question among the majority of the worlds scientists that HIV causes AIDS. The average period between getting infected with HIV and developing AIDS is 7 to 9 years in the absence of treatment. AIDS is an abbreviation for Acquired Immune Deficiency Syndrome, which is a term to describe a set of opportunistic infections and cancers, which would not be life- threatening, if HIV had not destroyed the body's immune system in the first place.
iii. Transmission and factors fuelling the epidemic
There is very little chance of HIV being transmitted in the workplace. In order for a person to be infected, the virus must gain entrance into a person's blood stream These are limited number of modes of transmission. The modes of transmission in order of importance are:
• Unprotected sex with an HIV infected person.
• feeding) infected mother to her child LLVH (during pregnancy, at birth, through breast.
• Transfusion with infected blood and blood products.
• Intravenous drug use with contaminated needles.
• Unsafe unprotected contact with infected blood and the bleeding wounds of an infected person.
Other circumStanCes Which increase the risk of HIV transmission and the development of AIDS include among others, factors related to poverty (overcrowding, poor housing, hiqh prevalence of tuberculosis, etc), limited access to health and social services (untreated STDs, drug shortages, etc), migrant labour, rapid urbanization, unemployment, poor education, and the inferior position of women in society (sexual violence, powerless to insist on condoms, etc). These continue to fuel the epidemic in spite of individual behaviour modification attempts.
iv. Treatment
There is no cure or vaccine for HIV/AIDS, yet. However, there are some major advances in medical treatment. Antiviral drug combinations are available, which when property used result in significantly prolonged survival of people living with HIV. Holistic care of people living with AIDS (PWA) and comprehensive treatment of opportunistic infections dramatically improves quality of life.
V. Counseling & Testing (Pre -Test, Post-Test, Follow-up)
LLVH rejects HIV testing as a pre-requisite for recruitment access to training, or for
promotion. However, LLVH promotes and facilitates access to voluntary counselling and Testing (VCT) for all employees/community counseling includes pre-test and post-test counselling.
vi. Occupational Health and Safety
Risk of HIV infection at the workplace is managed through the following means:
a) Standard procedures are applied to reduce risk following injury at work involving blood, and potential exposure to blood borne pathogens, including HIV. Appropriate HIV/AIDS information is included into occupational health training and First Aids training. Post exposure prophylaxis will be provided according to standard protocols including ensuring the administration of required antiretroviral drugs within a 72 hour period.
b) Emergency care treatment for LLVH medical personnel and people performing First Aid in and after medical HIV exposure will be provided.
DATE: 30th DAY OF DECEMBER 2016.
