COLLECTIVE BARGAINING AGREEMENT (CBA) BETWEEN TROPIC INN HOTEL LIMITED -MASAKA AND NATIONAL UNION OF THEATRICAL, DOMESTIC AND GENERAL WORKERS (HEREINAFTER CALLED THE “UNION ON THE OTHER PAN”)
JULY 2012
(1) PREAMBLE
This collective bargaining agreement (CBA) is made between TROPIC INN HOTEL herein after referred to as “The Company” and national Union of Theatrical Domestic and General Workers Union (NUTDOW) referred to as “The Union”.
(102
) This agreement that shall be referred to as the “union/company CBA” on terms and conditions of service shall guide the parties to govern and/or represent the employees of the company with utmost discipline and fairness.
(103)
In entering this agreement both parties (i.e. the union and the company) appreciate that is in their interest to ensure stability in production and, continuous reliable employment for the benefit of employees, management and good service delivery to the public.
(104)
To attain this objective, both parties further recognize the need for union officials to interact with workers at any time at their work place freely, expeditious and peaceful resolution of grievances that arise in the course of management/employee relations. Both parties, therefore, hereby agree to resolve differences that arise through such means as provided for in this agreement and any other agreements legally and mutually entered into.
(105)
Therefore, the company and the union having met in a free and friendly atmosphere in accordance to the relevant Labour laws and recognition and procedural agreement between both parties to consider improvement in workers’ salaries and their general terms and conditions of service, and to agree on the rules and regulations that shall promote efficiency and effectiveness of labour for increased prod hereby mutually agree as follows:
(2) JOB VACANCY
2.01 In the event of any office falling vacant, management shall make an earnest effort to engage personnel on merit; however, first consideration shall be given to the existing employees that may possess the necessary and required qualifications. All job vacancies shall be advertised both internally and externally.
(3). APPOINTMENT
3. 01
Where the company undertakes to employ more than two employees within a period of three months, it shall in ample time notify the union of its intentions to do so for purposes of ascertaining that the appointment /employment does not in any way disadvantage or unreasonably deny rights to the existing employees. In guaranteeing fairness during this process) the company undertakes to ensure that one senior union representative shall always be a member of the interviewing panel.
3,02
Upon satisfying the company’s interview panel and having passed any required lawful medical examinations the successful applicant shall be engaged and issued with an appointment letter detailing out his/her duties accompanied by a copy of the company’s terms and condition of service or CBA prior to commencement of employment in the company.
3.03
The new employee shall on acceptance of the appointment be issued with an identity card of the company and shall undergo any appropriate and required inductions.
3.04
The company’s vision, mission and values shall be explained to the employee during the induction process.
3.05
The Company recognizes it as of mutual benefit for its employees to be represented by a properly constituted labour Union and hereby agrees that it shall avail opportunities to the workers (both existing and new) to receive explanations and updates from the union in regard to the objectives and purpose of the union at workplace as a means to inform their decisions in regard to collective bargaining, and related union matters.
3.06
The union undertakes to inform all employees about this Collective Bargaining Agreement upon commencement of their employment and to urge all workers to join and remain fully paid up members of the union.
3.07
It is understood that no employee shall be engaged in the service of the company for a period exceeding one month without an appointment letter. In the event that an employee is engaged into service for a period beyond one month such an employee shall be deemed appointed and shall be entitled to benefits of a permanent employee.
3.08
No appointment letter shall be given to any employee when such appointment letter contains provisions that conflict with the contents of this CBA or any other agreements that may be mutually entered into by both parties.
3.09
Should management wish to set terms for non unionized employees, such terms shall not in any way exceed what is provided for in this agreement.
(4). PROMOTIONS
4.01
An employee of the company may be promoted in accordance to the established positions and salary structure or as it may be reviewed from time to time. It shall remain the right of management to evaluate and describe jobs and to ensure that every worker is availed with a clear and detailed job description.
4.02
An employee on promotion shall not be subjected to another probationary period considering that such an employee would have served his/her probationary period for the current position and that the promotion would have been considered in light of the employee’s performance and capabilities to take on a higher.
4.03.1 Promotions shall be open to all employees of the company without any discrimination and shall be granted on merit described in an open and clear format agreed upon by both the union and management.
4.03.2 An employee promoted shall be informed in writing and shall be released to take up his/her new position within two weeks from the date of being informed about the promotion,
(5). STAFF PERFORMANCE APPRAISAL
5.01
All employees of the company shall be appraised annually to assess and evaluate their performance.
5.02
The appraisal of such employees shall be done in accordance to equitable and reasonably acceptable standards developed by management and made available and known to the union and to all workers to whom they apply and shall be used as the yardstick against which performance of the employees shall be assessed.
5.03
For the purpose of this exercise the company shall design a form to be completed by the employees and management and the same standards mentioned above shall be reflected in the questions set in the appraisal form. The form shall also give an employee a chance to make observations concerning his/her job, including work tools, personal protective equipment (PPE) etc with some suggestions if any for improvement.
5.04
During the appraisal process, all comments about a worker by either the immediate supervisor or any other member of management shall first be discussed with the concerned worker who shall also be informed of management’s ratings and there after sign the form certifying that he/she is in agreement or disagreement with the ratings.
5.05
In collaboration with the relevant supervisor, the departmental manager shall review the performance of each employee under his/her supervision at least once a year. Such appraisal shall avail status information to enable the company assess the employee’s performance in any given period.
5.06
Where an employee’s performance is said to be unsatisfactory, the immediate supervisor or the concerned manager shall seek to understand the causes and to discuss them with the concerned employee with the view of improvement.
5.07
In the event the employee does not improve in his/her performance after six months even after such discussion and provision of the necessary tools and resources, then management shall notify the employee with a copy of the notification addressed to the union allowing the union to study the matter and to give a further six months written notice for the employee to demonstrate positive change in performance and show cause why his/her services in that particular office should not be terminated.
5.07
Upon receipt of copy of notification to the worker by management, the union shall having established its own findings; draw the attention of the worker and management with advice for possible solutions to the problem.
5.08
Should the employee fail to demonstrate improvement in performance to reasonably acceptable set targets or standards, then management may consider any actions against such employee in accordance to this agreement and/or the laws in force.
(6) EMPLOYEE BENEFITS
6.01
No employee either already in service or those to be employed hereafter, shall work under terms and conditions of service that are less favorable than those provided for in this agreement.
6.02
It is also understood and mutually agreed that no clause of this agreement shall prejudice or deprive an employee(s) of any benefit(s) already being offered by the Company as such benefits shall act as a minimum for setting standards for employees’ benefits,
(7). CATEGORIES OF EMPLOYMENT
Employees of the company shall be categorized as follows:
7.01.1
Permanent Employee
A permanent employee shall be that employee who having completed his/her probationary period is engaged to serve in the posts contained in the company’s organizational structure and paid a salary in accordance to the established salary scales.
7.01.2
All employees engaged in the service of the company at the coming into force of this agreement are hereby deemed permanent employees.
7.02
All permanent employees shall be placed in at least one of the salary scales as determined in accordance to the nature and status of the job.
7.03
Contract Employee
This shall be an employee engaged for a limited period of time due to the fact that the work to be done by such an employee is available just for that limited period that shall in which case not exceed one year. Such work may include consultancy, external audits, education and training of employees etc
7.04.1
A contract employee shall not occupy an established position and his/her terms and conditions of service shall be provided for in a detailed contract letter/document, the basis of which shall be derived from this CBA.
7.04.2
A copy of the contract letter stating the contract employee’s terms and conditions of service is hereby attached and marked “Annexure 1”
7.04.3
An employee working on contract for a period beyond one year shall be deemed a permanent employee and shall be entitled to benefits due to an employee in permanent employment.
7.04.4
Casual or seasonal employee
This shall be an employee engaged on a day to day basis and paid a daily wage to handle work whose volume or nature would not necessitate permanent or long term contract employment. This type of employee shall not work for a continuous period exceeding 30 days.
7.04.5
If a suitable vacancy comes up within the company, the causal employee shall be taken on-provided such employee possesses the necessary qualifications
7.04.6
An employee engaged in the service of the company for a period beyond 30 days without notification as to whether or not he/she has ceased working as a casual or seasonal employee, shall in the first incidence be automatically be considered to having been granted a one year’s contract with such entitlements as are contained in a standard employment contract referred to in Annexture 1.
7.04.7
Temporary Employee
This is an employee engaged under a letter of temporary appointment to handle work in a temporarily vacant position due to leave, sickness or temporary indisposition of the substantive employee where there is no suitable in-service employee to act.
7.05.
It is hereby understood that all employees in the above employment categories posses the right to join the union.
7.06
An employee in any of the above categories may be discharged from his/her employment at any time provided there arises any justifiable.
(8) GENERAL TERMS AND CONDITIONS OF SERVICE
8.01
The company and the union agree that when negotiating general terms and conditions of services for the workers, the principles and/or policy to be followed shall be the following:
a). To ensure continued improvement in high standards of work for continued improvement of productivity.
b) to safeguard the economic and social interests of both the employees and the company.
c) To put in place motivational working terms and conditions of service as a way of improving performance amongst workers.
d) To ensure the principle of equal work for equal pay irrespective of one’s race, sex, creed and colour.
e) To put in place disciplinary codes that shall have the goal of correcting and/or improving performance and conduct of the workforce.
8.02.1
Probation Period and confirmation
a)New employees shall be engaged for a probationary period of three months. However, at the discretion of Management in consultation with the union and the employee, management can give an extension of up to three months after which an employee may be terminated or confirmed.
b) Upon completion of the probationary period, management shall in writing confirm the employee in service within a period of 10 days after the expiry of the probationary period.
c) If after expiry of 10 days following the three months of first appointment or six months in the case of extension of probationary period, the employee does not get communication from management as to whether or not his/her services are confirmed, the employee shall be deemed confirmed and shall enjoy all benefits commensurate with those of any other confirmed employee in similar position.
d) The employee on probation shall be paid an equal salary with all the other workers in the same salary scale and performing similar duties.
e) During probation period, either party may terminate service by giving the other a seven days notice in writing or pays the other an equivalent of seven days in lieu of notice.
Management may dismiss the employee on probation without notice in the event of gross misconduct as explained in this CBA and the relevant laws.
g) In the event of any unfairness in regard to the dismissal, the union shall maintain the right to raise a case of any such unfair dismissal under the grievance handling procedure provided for by the recognition agreement and this CBA or any other agreements that may be lawfully entered into as guided by the relevant laws.
(9). Termination notes
9.01
Either employee or the company may terminate employment provided each party shall be required to give the other notice or pay in lieu thereof as follows: -
a) During probation - 7(seven) days
b) After 3 months to one year- 30 (thirty) days
c) One year to 5years service -2(two) months
d) Over 5 years to 10 years -3(three) months
e) Ten years and above-4(four) months
9.02.
Terminal befits
An employee on termination shall be entitled to the following terminal benefits:-
a) Notes as provided for in clause 9.01 above on payment in lieu of notes
b) An adjustment allowance equivalent to two months for every completed year in service
c) A severance pay equivalent to two months for every completed year in service
d,) A repatriation allowance of two thousand shillings for every. Kilometer to the country home (ancestral home).
e) Certificate of service
f) Payment of any outstanding overtime and days worked calculated at the monthly payment rates divided by the days worked
g) One month salary for every outstanding annual leave.
9.03
Where an employee does not give appropriate notice as required in 10,1 above, an equivalent shall be deducted from his/her terminal benefits to cater for this notice.
(10) Hours of work
10.1
The standard working hours per day for all employees shall be eight (8) hours from Monday to Friday. Weekends shall be worked as overtime and compensated for in accordance to the format explained below under overtime.
10.2.1
The daily normal working hours shall be from 0830 hrs to 1730 hrs with a daily lunch break of 60 (sixty minutes) and l5minutes tea break at 10,3Oam and l6hrs respectively.
10.2.2
The company may programme workers to work in shifts with a roster for shift workers drawn according to the operational needs of the company, subject to standard working time not exceeding eight (8) hours per day.
10.3
In regulating the daily or weekly hours of work in order to suit the company’s peculiar work requirements, schedules shall first be discussed between the company and the union considering that they go further to disrupt the employees’ family and other social settings.
10.4
Each week shall include a period of one day off of not less than 24 (twenty four) hours of continuous rest.
10.5
Considering that nature and society regards a night as a time of rest and further ‘ considering that reporting to and from work at night has several risks associated with it, irrespective of the employee’s having worked for eight hours a day, an employee working on night shift shall be entitled to and shall be paid an inconvenience and risk allowance calculated at the rate of twice the daily work rate.
(11). Overtime work and payments
11.1
overtime shall mean the time when an employee is required to continue rendering service to the company in excess of eight (8) hours a day.
11.2
Overtime work is a practice that must be discouraged as much as possible by both the union and the company. However, where it is absolutely necessary that an employee has to work overtime, payment for such overtime shall be made in accordance to the following criteria:
a) Overtime worked on ones normal working day shall be paid at two (2) times the daily gross hourly rate for up to two hours for that day.
b) Overtime worked on gazetted public holidays and/or on the employee’s rest day shall be paid at three (3) times the daily gross hourly rate for the normal eight working hours of the day.
c) Compensation in days other than money in lieu of overtime worked during gazette public holidays and on an employee’s rest days shall be at the same rate of 1:3 i.e. one public holiday or rest day to rest days in compensation.
d) Overtime rates during normal working days shall apply where an employee works at least 30 minutes in excess of his/her normal eight working hours and such overtime worked during a normal working day shall not under any circumstances exceed two (2) hours.
e) Overtime worked during public holidays and on the employees rest days shall not exceed the normal eight daily working hours.
f) Where overtime exceeds eight hours on the public holidays and on the employee’s rest days such overtime shall be calculated at the rate of five (5) times the daily gross hourly rate up to two hours.
g) It is hereby understood and agreed that under no circumstance shall an employee work for more than ten hours in a day.
h) In all circumstances, working overtime shall remain optional and shall be worked through mutual agreement reached between (he responsible manager and the employee. Therefore no employee shall be forced to work overtime or be intimidated, victimized or penalized in any way on account of his/her refusal to work overtime.
i) Unless or otherwise stated, overtime worked shall be calculated and paid together with all other emoluments at the end of the month in which the overtime was worked,
(12). Gazetted public holidays
All days recognized as public holidays by the government of the republic of Uganda shall be rest days and work done on any such days shall be regarded overtime work that shall be compensated for in accordance to the criteria set under clause 13 above.
(13) Salaries and job evaluation
13.1
It is hereby observed and realized that there exists an irrational salary and job structure that has caused discontent among the workers especially in regard to how workers are assigned jobs and payment of salaries. There are reported cases where there are no salary scales and where workers doing the same job different salaries. This is against the principle of “equal pay for work of equal value and promotes injustice against the workers as most workers’ issues are held more or less at individual rather than institutional level.
13.2
Against this back ground both the union and the company agree to work together towards the harmonization of the salary structure and conduct an evaluation to streamline all the jobs in the company.
13.3
Both parties also note that the process of streamlining the salary structure and Conducting of a detailed job evaluation exercise calls for further technical input that requires more time if good results are to be realized.
13.4
The company and the Union also agree to annually review employees’ salaries to enable them (employees) adjust to the ever increasing cost of living. The salary adjustrnen for the year 2009 is hereby attached and marked Annexture 2.
13.5
In the meantime it is hereby agreed that the company raises workers’ salary by 30% to cater for the above mentioned circumstances
13.6
Employees in continuous service with the employer shall qualify to get bonus at the rate of 7% of the employee’s total monthly earnings applicable to an employee that has worked with the company for a period of 4 to 9years and 9% for employees that have worked for a Period above 10 years
13.7
Tips given by Customers to individual employees in appreciation of the service rendered and kept by the company for equal distribution to all workers at a certain period in the month shall be monitored, Supervised and distributed by the gender and equality subcommittee to ensure equity in the management of the fund, These tips shall Constitute part of the workers’ welfare and shall be referred to as the “workers’ social welfare and solidarity fund”.
13.8
An employee’s salary shall be paid either by cheque or by bank transfer to the individual employee’s account before the 30th day of the month for which the salary is being paid.
13.9
An employee shall be required to open a salary account with a bank of his/her choice in Uganda where salaries/wages shall be paid, Every employee shall as soon as possible furnish the management of the company with details of his/her account number to enable transfer of the said salaries into the employee’s account or payments by cheque.
13.10
Bank charges arising from the payment of salaries/wages to the workers shall be met by the company,
13.11
Besides increase in salaries that shall be reached as a result of collective bargaining the
Company agrees to make an automatic annual adjustment in regard to workers earnings to cater for inflation at the Percentage rate that may be periodically announced by the government or Bank of Uganda,
13.12
It is also hereby agreed that unless or otherwise stated in this agreement every employee shall be entitled to an automatic adjustment in salary from one lower notch to the other of a higher level within a given salary scale. This adjustment shall not necessarily be subjected to an employee’s being appraised first,
13.13
Merit pays based on performance may be granted to an employee at the discretion of the company this shall however, not alter the employee’s annual fixed increase date, unless it involves a promotion to a higher salary scale. An employee granted merit pays shall be informed of it in writing with reasons explaining why the merit pays.
13.14
An employee may also be granted an accelerated promotion on the basis of good performance at the discretion of the company. Such employee shall be notified of the accelerated promotion in writing with reasons explain in the accelerated Promotion is granted. Upon attainment of the accelerated promotion the employee shall still qualify and be entitled to an annual automatic adjustment in salary in accordance to the salary scale and as explained above.
13.15
In no circumstance shall any employee’s salary be reduced to a figure Lower than what such employee has earned before or what is supposed to be the employee’s registered and/or known monthly earnings.
(14) Annual Leave
14.1
Having worked for six continuous months an employee shall be entitled to a thirty days leave herein referred to as annual leave.
a) The annual leave shall be taken once every calendar year following the company’s corporate annual Leave Roster for staff that shall be compiled before the end of the year preceding ones leave commencement. Leave dates shall be fixed in consultation with the beneficiary employee.
b) Every employee proceeding on an annual leave shall be entitled to the following:
i. A lump sum two months salary paid at the end of the month preceding the leave
month to cover the preceding month and the leave month.
ii. Transport to the country home calculated at the rate of two thousand (2000) shillings per kilometer
iii. The above salaries and allowances for leave shall be paid in a total lump sum prior to the date of leave commencement.
iv. Annual leave shall be computed by counting only normal working days. All off days such as Saturdays, Sundays and rostered off days for shift workers and public
Holidays that fall within the annual leave period shall not be counted while
Computing annual leave days.
v. An employee intending to proceed on leave shall submit his or her application to the Human resource Manager for approval through his/her immediate supervisor for recommendation (no objection).
VI. Annual leave shall be taken within the calendar year and if due to operational necessities and emergencies, management calls upon the employee to remain on duty during the leave period, then the company shall compensate the employee at the rate of three times the employee’s total monthly earnings plus three days off.
vii. Such employee working during the leave period shall be prohibited from doing any overtime work during that leave month.
viii. Any call upon an employee to work during a leave month shall not be done more than once in a three years period.
c) Where an employee’s leave is interrupted (an employee is recalled while on leave) and he/she resumes leave after the interruption, the company shall also pay for the employee’s transport calculated at the rate as indicated under sub clause (c) above.
(15) Sick Leave
15.1
An employee who has been continuously working for the company for more than six (6) months; and who is unable to attend duty because of prolonged illness, shall be granted sick leave under the following conditions:-
15.2.1
One (1) month with full pay, one (1) month with half pay followed with another one month without pay in case of persistent illness and thereafter termination or retirement on medical grounds may be considered.
15.2.2
While the employee is on sick leave, he/she shall continue to enjoy his/her benefits in such as service seniority and accumulation of service for annual leave.
15.2.3
In case of minor illness that may require off days for rest) such offs shall be granted as and when they are needed provided it is on the recommendation of a medical personnel or through mutual agreement between the responsible manager and the affected employee.
15.2.4
Period of sickness during an employee’s annual leave shall not be treated as sick leave unless it extends beyond the date of expiry of the annual leave. If sickness extends
beyond the period of annual leave, the extended period shall be treated as sick leave subject to the employee’s having notified the, company with proof of medical report from a certified or registered medical practitioner.
15.2.5
In case of sickness resulting from an accident or any other occupational hazard, the employer shall treat and compensate the employee in accordance to the Workers Compensation Act:
15.2.6
In the case of occupational sickness the employee shall remain in employment until he/she recovers and duly compensated in accordance to the Workers’ Compensation Act.
15.2.7
An employee who gets physically incapacitated while in the service of the company shall be maintained in the service of the company with lighter duties that he/she may be able to perform.
(16) Maternity Leave and rest while on duty
16.1
A pregnant female employee shall be granted a 90 working days maternity leave on full pay that shall include a minimum of six (8) weeks after delivery.
16.2
Such employee shall be free and allowed to schedule her annual leave to either immediately succeed or precede her maternity leave period.
16.3
The pregnant female employee shall submit an application for maternity leave to the Human Resource Manager or any other responsible manager for the leave to commence at least not later than two weeks to the expected period of delivery.
16.4
The prenatal portion of maternity leave shall be extended by any period elapsing between the presumed date of child birth and the actual date, without reduction in any compulsory portion of postnatal leave.
16.5
Under no circumstance shall maternity leave or parts thereof be replaced by any financial offers.
16.6
No employee either pregnant, on maternity leave or nursing shall be terminated except on grounds unrelated to the pregnancy or birth of the child or consequences of nursing. The burden of proof that such termination is not related to pregnancy) child birth or nursing’ consequences shall rest with the company.
16.7
A female employee shall be guaranteed the right to return to the same or an equivalent position aid at the same or higher rate at the end of her maternity leave.
16.8
The company shall provide a special room with all the required facilities to enable the pregnant employees to get rests as a medical requirement for their good health and that of their babies. Such room shall be free from interference by male or any other employees not falling within the category of pregnant mothers.
16.9
A pregnant mother shall be granted daily periods of rest during working hours as and when required or as may be recommended by a registered medical practitioner.
16.10
A pregnant employee shall perform work which is appropriate to her physical capacity and which excludes contact with pesticides) chemicals or radioactive rays or any other hazardous substances.
16.11
Female employees shall be granted lime off to nurse their young babies with full pay and such employees with babies of below one year old shall be exempted from working overtime and during late night shifts that exceed 8.00 p.m.
16.12
Special needs of female employees shall be taken into account in relation to pregnancy, breastfeeding and reproductive health.
(17) Paternity Leave
17.1
A male employee shall be granted seven (7) days Paternity leave per each child birth from his registered wife to enable him provide the required assistance to the nursing mother and baby.
17.2
A male employee shall submit an application requesting to be granted a paternity leave at the time the birth is expected to occur or there after the baby is born.
17.3
Paternity leave shall not be granted in circumstances where the born baby is beyond five months old.
(18) Compassionate leave.
18.1
In exceptional prevailing circumstances and upon application in writing, an employee will be granted paid compassionate leave for a period agreed upon between the employee and the Human Resource Manager or any other responsible manager.
18.2
An application for a compassionate leave shall be submitted to the Human Resources Manager or any other responsible manager through the immediate supervisor stating the reasons why such leave should be granted.
(19) Leave for union business and/or education
19.1
Both the company and the union recognize as an asset, trained union leaders and members and therefore agree to cooperate in promoting workers’ education in all areas of workers’ representation and development.
1 9.2
Leave to attend union business and/or education shall be applicable to union leaders and members that are company employees and such leave shall be on full pay provided that the company shall have granted permission to the concerned union leaders or members.
19.3
The company shall not unreasonably withhold permission requested for by the union to enable her members to attend to union business provided that the union should have made such request within a period of 48 hours in normal circumstances or 24 hours in exceptional emergency cases.
19.4
Confirmation of all leave of absence granted by the company to any of its employee(s) under this clause shall be given in writing to the employee(s) with a copy to either the Branch Secretary or the General Secretary whatever the case may be.
(20) Leave without pay
Leave without pay may be granted by mutual agreement between the employee and Management.
(21) Study leave
At the discretion of management1 an employee may be granted a study leave with or without pay for such period as it may deem fit.
(22) Refresher, skills training and development
22.1
The company undertakes to ensure workers’ education and training for life long learning to enhance improvement in service delivery and the quality of the workers.
22.2
In the quest for competence and development, the company shall work to enhance:
a) Continuous learning and improvement
b) Identification of training and development needs
c) Sharing of skills through both internal and employee exchange programmes
d) In-house training programmes
e) Moral and motivation levels amongst employees etc
f) The establishment of an evaluation system that will indicate feasible improvement
g) Pro-active timely corrective actions as opposed to policing and criminalizing of personnel in issues of industrial relations
(23) Medical care
23.1
It shall be the responsibility of the company to provide medical care/treatment to all her employees.
23.2
in doing this, the company shall insure all her employees their registered spouse and four (4) dependants with a medical insurance scheme that shall be charged with their medical care and treatment.
(24) Housing allowance
IT he company shall pay an employee housing allowance as per housing allowance schedule Annex A to cater for the employee’s housing need.
(25) Daily staff transport allowance
25.1
The company shall pay transport allowance to the employees as per schedule Annex A to cater for his/her daily transport needs to and from workplace.
25.2
The company shall incur all travel expenses for employees on official duties out side their normal workstations and such travel expenses shall be separate from the employees daily transport of to and from normal workstation,
(26) Meals allowance
26.1
The company shall provide three decent meals (mid morning break, lunch with a soft drink and evening break tea) to all her employees daily or pay a meals allowance equivalent to 15% of an employee’s monthly gross earnings to enable an employee to meet the cost of his/her feeding while on duty,.
26.2
The company shall provide clean and safe drinking water to staff at all times.
(27) Loan Guarantee
The company shall act as a loan guarantor for employees arid shall when requested issue letters of introduction to any legally recognized bank or financial institution of an employee’s choice as a guarantee to enable such employees to acquire salary loans from those institutions and in such a manner as shall not rest any liability on the company.
(28) New technology
28.1
Both the company and the union agree positive change through technology that shall improve efficiency provided change shall not create unnecessary unemployment.
28.2
Management shall train existing staff on the operations in any new technologies and shall provide all the necessary literature or information on the operation and safety features on such technologies as a prerequisite for further excellence.
(29) Abscondment from duty
29.1
An employee shall be considered as having absconded from duty after absenting him/herself from duty for a period of 7 (seven) consecutive working days without any just cause, notification, permission from his/her, supervisor, Human Resource Manager or any other responsible manager.
29.2
If for reasons of circumstances beyond an employee’s control, such employee reports on duty after seven days and it is established that indeed the employee had no choice but to remain absent for the period beyond seven days without permission or notification to the company management or to the union, such employee shall resume duty without loss of pay.
29.3
An employee found guilty of abscondment shall have terminated him/her self from duty and shall not be entitled to claim any terminal benefits.
(30) Occupational Health and Safety (OHS)
30.1
Guided by the existing legislations and agreements in place both the union and (he company recognize the need to maintain high occupational health and safety (OHS) standards.
30.2
Both the union and the company shall establish and maintain a coherent policy on OHS and working environment.
30,3
There shall be established a union/company joint OHS sub-committee chaired by an OHS officer, which sub-committee shall regularly review all matters relating to safety and health and that shall advice and inform the JNC. The sub- committee shall be composed of two representatives each from the union and the company plus the OHS officer.
30.4
The company shall in consultation with the union either on full time or part time engage a qualified safety and health officer to chair the OHS and welfare committee and to keep a check on the observance of the labour and safety regulations and evaluate suggestions for improvements and complaints.
30.5
The company shall provide personal protective equipment (PPEs) to all her employees that are exposed to hazardous substances. These employees that shall include all those in maintenance etc shall each be entitled to two pairs of overalls, two pairs of overcoats, two pairs of strong shoes, two pairs of gloves and five pairs of socks annually.
30.6
The Company shall insure alt her workers for purposes of ensuring safety and healthy for the workers as well as avoiding fines and penalties in cases of Industrial accidents.
30.7
An employee either handling hazardous substances, working in hazardous environment or any other employee that feels an ailment that he/she considers an occupational illness, shall be medically examined periodically and advised by a recognized physician at the cost of the company.
30.8
The employee shall have right of choice of the physician he/she would wish to visit for examination and it shall be the responsibility of the employee to ask management for the periodical medical examination.
30.9
An employee medically confirmed ill resulting from an occupational hazard shall immediately be assigned other less or non hazardous duties and at the same time be compensated in accordance to the Workers’ Compensation for the injury caused to him/her as a result’ of the work he/she was engaged in at the company.
30.10
No Union leader or manager shall have access or seek to access an employee’s medical reports without the consent and approval of that employee.
30.11
A complete continuously updated documentation and statistics shall be kept by the company and the union in regard to sickness (including occupational ailments), accidents, near misses and sickness related absences from work.
30.12
The company shall provide first aid facilities at all operating sites where at least one person trained in first aid procedures shall be present at all times of the work process to offer services as and when need arises.
(31) Uniforms/Dress codes
31.1
All employees that the company may from time to time recommend shall at all times be neatly/smartly and decently dressed in the company uniforms,
31.2
In determining the nature of uniforms to be used by these employees, both the company and the union agree to uphold the company image, respect and integrity of the workers by enhancing modesty and decency in the dress codes.
31.3
Employees especially of the female gender shall not be dressed in uniforms that expose their private parts such as breasts and thighs as this is said to be one major cause of sexual harassment at work places and psychological traumas both during and after work.
(32) Sexual harassment
32.1
The company and the union agree to establish and maintain a zero tolerance policy against sexual harassment in the company.
32.2
A manager, supervisor, union leader or an employee who sexually harasses any company employee shall upon proof be dealt with in accordance with this agreement and the law in force.
32.3
An employee who feels sexually harassed shall have the right to report the matter and have it addressed through the grievance handling procedure established in the recognition agreement and the laws in force.
(33) Gender and equality
33.1
Realizing the important roles that both the male and female gender play in sustainable development and considering that women have severally been marginalized as a result of the established customs and practices, both the company and the union agree to establish and maintain a gender and equality policy to ensure proper balance of these roles.
33.2
Both the Union and the company shall establish a joint gender and equality sub-committee composed of two representatives each to study gender and equality issues and inform/advice the JNC accordingly.
(34) HIV / AIDS Policy
Realizing the negative effects HIV/AIDS has caused to humanity world over and to Uganda, both the company and the union agree to establish and maintain a work place HIV/AIDS policy to protect and safe guide workers against the Scourge and its related
stigma.
(35) Development of policies
The union in consultation with the Company management undertakes to develop draft proposals of all the policies mentioned above for discuss the subsequent JNC meetings. It is hereby agreed that each discussed and agreed upon policy shall be a supplement to this CBA.
(36) Statutory deductions
36.1
The Company shall comply with all statutory deductions on behalf .f employees such as National Social Security Fund (NSSF), Union Dues, Pay as you earn (PAYE), local service tax etc in accordance with the laws and regulations thereof such as NSSF Act, Labour Unions Act, Employment Act, Income Tax Act, etc.
36.2
It is hereby understood that all employees of the company shall be under obligation to make NSSF contributions and pay the required taxes as prescribed by law.
36.2
The company shall on a quarterly basis, furnish the union with schedules of the workers’ statutory deductions for purposes of responding to complaints and monitoring compliance.
(37) Death of employee
37.1
In the event of death of an employee, the company shall provide the following:
a.) A coffin, wrapping material, embalming of the body, two bags of cement, three square meters of wire mesh, one iron sheet and transport to carry the body of the employee and his/her personal effects to his/her native village.
b) One million (1,500,000/=) shillings for food and related expenses.
37.2
in case of death of his authorized dependant i.e. spouse, child or parent the assistance will be as follows;
a.) Spouse 700,000/=
b1) Child 500,000/=
c.) Parent 400,000/=
(38) Retirement
38.1
An employee may retire as a result of old age at 55 or may for whatever reasons he/she may have take an early retirement.
38.2
An employee retired on grounds of old age shall be notified by the company four months to the date of retirement and shall be paid terminal benefits in accordance to clauses (9) above plus an equivalent in cash of any outstanding balances of annual leave, public holidays, overtime etc worked.
41.3 Delayed old age retirement of an employee shall be at the discretion of the company but after the payment of all the employee’s old age retirement/terminal benefits and on a fresh contract that shall not exceed two years.
41.3 For whatever reasons, the company may send an employee to an early retirement provided such employee shall be entitled to be paid all his/her terminal/retirement benefits in accordance to clauses (9) above plus thirty percent of his/her total earnings for .the uncompleted years of service leading to retirement age.
(39) Resignation
39.1
For whatever reasons, an employee may resign from service by giving the company written notice in accordance to the number of years worked as provided for in clauses (9) above.
39.2
Other than payment mo lieu of notice, an employee resigning his or her services shall be entitled to be paid terminal benefits in accordance to clauses (9) above plus any other outstanding balances of entitlements provided for in this CBA.
(40) Redundancy or Layoffs
40.1
Should redundancy occur or the need arise for restructuring, the company may lay off certain workers in accordance to clauses (9) above.
40,2
The company undertakes to give an adequate notice of not less than two months to the union with reasons explaining the cause of the intended layoff.
40.3.1
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 an alternative employment or make necessary adjustments for a new life.
40.3.2
All union Leaders shall automatically assume top seniority in which case if layoff occurs, no shopsteward in spite of his/her actual period of time worked in the company shall be laid off until all the other employees of the company have been laid off subject to skills and ability to do the job.
(41) Long service recognition and awards
The company shall give long service awards to employees that would have worked with the company for a period of ten (10) continuous years and above. Such awards shall be in the form of physical items such as iron sheets, cookers, cement, TVs etc.
(42) Repatriation
Repatriation allowance shall be paid to employees who have been terminated from their services as result of no fault of their own. This allowance is intended at transporting the employee together with the family to his or her country home.
(43) Certificate of service
An employee terminated from service for any other reason other than gross misconduct shall be entitled to and shall be issued with a certificate of service together with recommendation letter on request. Certificate of service shall include the name and address of employer, name of employee, dates of commencement and termination of service and type of work performed.
(44) Disciplinary code
44.1
Warnings and terminations: It is the intention of the company and the Union that disciplinary action taken against an employee shall have the goal of correcting or improving performance and conduct, where breaches of discipline do not warrant instant dismissals as laid down in this CBA.
44.2
It is also the intention of both the company and the union that no disciplinary action shall be taken against an employee for no just cause.
44.3
All disciplinary actions shall be taken by the Human Resource Manager acting on the recommendations of the relevant departmental heads or taken by any other manager with the approval of the Human Resource Manager.
44.4
A letter of disciplinary action taken against an employee may be in writing and shall be dully signed by the employee, copied to the union’s Branch Secretary and recorded in the employee’s personal file for reference.
44.5
A disciplinary action taken against an employee without the employee’s signature and recorded on the employee’s file shall be regarded as malicious and shall be considered null and void.
44.6
An employee shall not refuse to sign a letter stating any disciplinary action taken against him/her as such refusal may attract a much more serious disciplinary action.
44.7
An employee who having received a letter containing any disciplinary action and considers the accusation therein as untrue, shall have the right to write a defence in reply with a copy to the superior manager and union and requesting that the disciplinary action be nullified.
44.8
The employee shall also ensure that the manager that issued him/her with the letter of disciplinary action acknowledges receipt of his/her defence letter.
44.9
Such manager shall not refuse to acknowledge receipt of the defence letter and should ensure the defence letter is also kept on the employee’s file,
44.10
At this stage the matter should be taken up as a grievance and be dealt with in accordance to the grievance handling procedure contained in the recognition agreement, and this CBA.
45) disciplinary actions
all disciplinary actions are carried out in a fair and just, consistent manner, done through a Disciplinary Sub-Committee, comprising of three each from both the company and the Union including one departmental
45.02 PROCEDURE:
The following are the disciplinary procedures for offences involving misconduct (other than gross misconduct)
45.03 INFORMAL WARNING
A minor breach of rules or failure to meet or maintain standards will result in an informal warning by the supervisor. This shall not be recorded but the supervisor and the staff in question shall examine the necessary steps to correct the fault.
45.04 RECORDED VERBAL WARNING
If similar or more serious breaches of indiscipline occur, the supervisor shall give the details of the offence to the head of department. The head of department shall investigate the matter and if the employee’s explanation is found to be unsatisfactory, a recorded verbal warning will be issued to the employee by the department head with copy to the union’s branch secretary.
45.05 FIRST WRITTEN WARNING
If an employee commits the same offence or any other breach of disciplinary code the departmental head shall give the details of the offence to the Human Resources Manager. The Human Resource Manger shall investigate the matter and if the employee’s explanation is found to be unsatisfactory, the first written warning will be issued by the Human Resource manager.
45.06 SECONDWRITTEN WARNING
Further breach of discipline shall result into a second written warning being issued to the employee. The employee must be warned that any further breach may lead to third and final written warning. The procedures will be the same as the first written warning.
shall be representatives shopsteward.
45.07 THIRD FINAL WRITTEN WARNING
A further breach of discipline will result into a third and final written warning. If despite of the previous warnings the employee fails to meet the prescribed standards. The employee must be informed at this stage that any further breach may lead to termination of service. The procedure will be the same as for the first and second written warnings.
45.08
At every stage, a copy of the written warning must be filed in the employee’s personal file. No written warning shall be valid for more than 6 (six) months. Such warning shall be cancelled after (6) six months from the date of issue. No further references shall be made on all “lapsed” warnings. This is so far the reason that the employee shall have been considered reformed if no similar breach of conduct is made within six months mentioned above.
5.09 WARNINGS:
Written warnings be given for the following offences:
a) Absenteeism from duty without permission or just cause
b) Failure to comply with lawful instructions or refusal by an employee to execute a reasonable instruction given by the relevant manager or his/her representative.
c) Neglect of work for which one has been employed.
d) Being intoxicated while on duty or working.
e) Inciting abuse of lawful orders and instructions of management or its representative(s).
f) Forging particulars or presenting forged particulars in any office at work for any purpose.
g) Inflating commodity prices for personal gain.
h)Misusing Company property or work equipment or using them for private purposes without permission/authorization.
i) Negligence or carelessness at work causing damage or loss to the Company
45.10 INSTANT DISMISSAL
Should an employee commit any of the following offences he/she will be liable to instant dismissal by the Management of the Company.
a)Theft
b) Fraud
c) Proven gross insubordination within ones normal scope of duties.
d) Assault of any person at the workplace. e) Drunkenness on duty witnessed by a senior Management staff and a Union representative.
f) Bringing unauthorized dangerous weapons into the Company
g) Drug abuse whilst on duty.
h) Willful damage of Company property
I) Rudeness to customers for no just cause.
j) Prolonged absenteeism without cause.
k) Divulging confidential Company information
45.11
in all cases leading to warnings, termination or instant dismissal, investigations shall just be conducted and an employee granted a chance to defend hi/her self first before any action is taken
45.12
Notwithstanding, the provisions of preceding sub clauses of this Para; nothing in this agreement shall preclude any employee involved, from raising the matter of such warning, suspension, termination or dismissals under the grievance procedure established by the Recognition Agreement and this CBA.
45.13
In cases where the employee in question strongly feels dissatisfied by the decision of the disciplinary sub-committee, he/she will have the iight to appeal to the Joint Negotiation Council (JNC)
45.14
In a case where the action of the Company is proven to constitute an act of wrongful repudiation of contract by the employer, the employee involved shall be reinstated without loss of pay or seniority rights.
45,15
Further, notwithstanding the foregoing provisions, the Company may inflict upon any employee who has been subjected to the disciplinary procedure, the following lesser severe punishments:
a) Termination of services
b) Demotion but without reduction in salaries or wages
d) Suspension without pay for a period not exceeding one month,
e) Stoppage of increment
f) Reprimand.
45.16 SUSPENSION FOR INVESTGATIONS
a) Where it requires Management to make investigations in case of an offence, an employee may be suspended on the basis of a preliminary investigation apart showing likely breach of a disciplinary code. Such suspension shall be in writing and copied to (the Branch Secretary b) Suspension under this clause shall not exceed I (one) week. The salary of the employee on suspension shall be reduced by half the basic pay. After I (one) week, if the investigations into the employee’s case are not yet completed, the suspension period will be extended in writing for another I (one) Week. After 1 (one) week extension if the employee is not proven guilty of the offence, he/she will? be assumed to have no case to answer and therefore, he/ she shall resume duties with full pay as from the day of suspension.
45.17 SUSPENSION FOR INDISCIPLINE
Suspension for indiscipline shall be given to employees whose discipline is indeed wanting as shall be determined by the disciplinary sub-committee but not exceeding seven days and shall be without pay.
(46) OMISSION
The JNC shall provide for situation where this CBA remains silent and no single party herein shall determine any terms and conditions relatino,4o an employee unless in reference to the law and for which the parties hereto recognize that provides minimum basic standards.
47) DURATION AND EFFECTIVE DATE
47.01
The company and the union have concluded negotiations on the above general terms and conditions of service hereby, agree that this agreement referred above, shall be effective from the 17 of the month of July 2012 for a period of 2 years.
47.02
This agreement hereby repeal all the existing human resource manual and any other employment contract entered into between the employee and company.
47.03
This agreement shall be reviewed thirty (30) days to expiry date following the union's written notes setting forth the nature of any proposed amendments and other related matters hereof addressed to the company.
47.04
If for circumstances beyond the control of both the company and the union there is experienced a delay in the review of this agreement, this agreement shall continue being in force untill amended.
FOR AND ON BEHALF OF THE COMPANY
General Manager
FOR AND ON BEHALF OF NATIONAL UNION OF THEATRICAL
General Secretary
17/07/2012
