THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE UGANDA PRIVATE SECURITY ASSOCIATION AND THE AMALGAMATED TRANSPORT AND GENERAL WORKERS’ UNION ON TERMS AND CONDITIONS OF SERVICE FOR WORKERS EMPLOYED BY THE UGANDA PRIVATE SECURITY INDUSTRY
Revision 6th November 2006
ARTICLE 38: LONG SERVICE AWARDS
Long service awards will be at the discretion of the Company, incremental of five years thereafter.
ARTICLE 39: DEATH AND BEREAVEMENT
a)If an employee dies while on duty, the Company minimum of UGX 200,000 to cover other burial expenses.
b)If an employee dies while in employment, the Company shall give a facilitation of not less than UGX 500,000/= to cover burial expenses.
c)The estate of an employee who dies while in the following:
i.Cash in lieu of earned annual leave
ii.Salary and outstanding payments due at the time of death
iii.Severance allowance at a rate of fifteen (15) days basic salary per completed year of service with the company or part thereof calculated at the employee’s salary scale at the time of death.
iv.Any other pending entitlement.
ARTICLE 40: MEDICAL BENEFITS
a)The company shall provide medical services to all its employees when injured on duty.
b) UPSA Member Company of the employees.
ARTICLE 41: HIV/AIDS
Both parties are aware of and recognize the economic and social impact of HIV/AIDS on the work scene. It is therefore, in the interest of both parties that the issue is handled in an effective manner. Steps that discourage the spread of HIV among the employees and encourage those that are already infected to lead a life where they can still be useful to the employing organization must be put in place. This can be achieved through a negotiated document on the policy and approach to HIV/AIDS at the work places that will spell out how the two parties can complement each other while fighting the HIV/AIDS scourge. See appendix “C”
ARTICLE 42: HELTH AND SAFETY COMMITTEE
The Company and recognize the importance of developing and maintaining health and safe working conditions in all places of work, and of keeping the cleanliness and safety standards in these places under constant review. This goal can best be achieved through joint involvement of the Company management and the union at all levels.
a) A Health and Safety Committee to deal with matters concerning the workplace and consisting of seven members drawn from Company management shall be formed. The Union shall nominate represent it on the committee. The Company shall nominate and Safety officer who shall chair the meetings of the committee
b) Among other things the committee shall be charged with up guidelines on occupational health and safety of employees shall be in conformity with international convention/instruments on health and safety at places of work, the Occupational Health and Safety Act being in force at the time and any other relevant laws/or statutes in force.
c) The committee shall seek guidance from the government or any occupational health and safety experts to determine the appropriate standards for each workplace and recommend them to management for appropriate action.
d) All employees will be required to follow agreed safe working practices, instructions and rules with the internet of avoiding risk or injury to themselves or others. This shall where necessary be done through education and training.
e) The Union shall at acceptable times have access to the workplace to carry out health and safety inspections and conduct interviews.
f) The committee will meet at least once every three month to review the health and safety situation in the Company.
g) The provisions of Factories Act or any other relevant law inforce, notwithstanding, every work place including the client’s premises may offer/provide adequate accessible facilities for the convenience of employees, especially the guards. Such facilities shall include toilets and water for drinking and washing hands.
ARTICLE 43: RECREATION FACILITIES
a). The company shall provide uniforms and/or necessary protective wear/gears to all employees whose duties require their use in line with the uniform and/or safety and health policies. The company shall hold back a refundable deposit for the cost of uniform.
b).As a general rule, uniforms shall be replaced at least annually or as the situation may warrant. However uniforms will be replaced in conformity with the Occupational, Health and Safety Regulations.
c). Employees will be expected to respect and abide by all uniform regulations.
Appendix C: PROPOSED POLICY ON IIIV/AIDS PREVENTION AND CARE FOR EMPLOYEES OF THE PRIVATE SECURITY INDUSTRY IN UG DA
1. Preamble
AIDS is now considered a leading cause of death in many Africa countries. This has had an effect of greatly decreasing the life expectancy at birth and increasing child mortality, although due to the high fertility rates the population still continues to grow. It is expected that the age and sex distribution of the labour force in many African countries will change due to the rising number of widows and orphans seeking a livelihood and the large number of people with AIDS in the age group 20-4 9 years. This is likely to result in the early entry of children into the active labour force, the early withdrawal of people with AIDS and the retention of older people in the labour force due to economic need.
AIDS- related illnesses and deaths of workers affect employers both by in casing their costs and reducing revenues. They have to spend more on health care, burial, training and recruitment of replacement employees. Revenues may be decreased due to absenteeism because of illness or attendance at funerals, as I as time spent on training. Labour turn over may lead to a less experienced and therefore less productive workforce. Cases arc on record where, in some organizations granting of annual leave to employees had to be suspended resulting into attendant high operating costs.
AIDS is therefore, a big threat not only to individual human’s life, but also to the well being of the community, employers and the country at large. It is therefore, necessary that everything possible be done to stem the effects f of this pandemic to society. As stakeholders in the workplace scene the union and the association must contribute to this endeavour. The private security industry is one of the most highly labour intensive industries in the country. The odd hours that the bigger portion of the employees in the industry work, is a contributing factor to the spread of HIV employees in the industry.
It is with the foregoing in mind that the following policy or code of conduct on HIV/AIDS for the industry shall apply. This code is aimed at reducing/eliminating the spread of HIV and the stigmas associated with AIDS. It also aims at rationalizing the way HIV positive persons will be helped to cope with life so that they may lead a more positive and productive life for the benefit of both themselves and the employing organization.
2. Information, Education and Prevention
a. Information and education on HIV/AIDS, being vital in the prevention of infection and in the care for the infected, shall be freely available to all employees at work places. The information provided shall be factual and will be transmitted in languages and modes that the employees can easily understand.
b. Awareness programmes at workplaces shall be developed jointly between company and the union.
c. Provision shall be made for availability of free condoms and femidoms to employees who may wish to use them.
c) Identification, training and equipping of peer educators and counselors to help in the campaign against HIV/AIDS shall be made through consultations bet the company and the union.
d)Identification, training and equipping of peer educators and counselors to help in the campaign against HIV/AIDS shall be made through consultations between the company and the union.
3. Testing and Confidentiality
a) Pre-employment tests for HIV and/or questioning about the zero status of a candidate for purposes of determining employment shall not be allowed.
b) There shall be no compulsory HIV testing of employees under any circumstances
c) Workers wil1, however, be encouraged to undergo voluntary HIV testing under proper counseling and guidance.
d) Workers will not be obliged to reveal their HIV status to the employer but may voluntarily do so.
4.Employment Protection
a)No employee shall in any way be discriminated against as a result of his her HIV status.
b). HIV/AIDS status of an employee shall not in itself constitute a ground for any form of termination of employment, except on voluntary basis.
5. Occupational Benefits
a) There shall be no loss of any employment benefits by an employee because of
his/her HIV status.
b)All the necessary counseling for employees and affected family members shall
provided.
c). Terminal benefits of employees who die while in or who voluntarily retire from
the organization’s service shall be paid promptly.
6). Workers in Risky Occupations
a) Latex/rubber hand gloves and other protective wear that can be used by those assisting accident victims shall be carried in all company motor vehicles as part of the First Aid Kit.
7. Responsibilities of the Parties
a. The company shall:
i. Maintain HIV/AIDS affected employees in their usual jobs for as long as they are able to perform those duties. Alternative jobs within the organization, as an alternative to voluntary retirement on medical grounds shall be provided where the employees are no longer able to cope with physically or mentally demanding work.
ii. Encourage and fully participate in bilateral/tripartite dialogue
ii. Provide First Aid training for 100:1 employees
b) The union shall:
i. Develop and carry out HIV/AIDS awareness campaigns
ii. The union shall provide counseling services for the families of employees who declare their zero positive status.
iii. Encourage behavior change and self-policing among employees, especially through role model paying.
iv.Evaluate and monitor all arrangements put in place concerning HIV/AIDS at the workplaces.
v.Encourage and actively participate in bilateral/tripartite dialogue,
vi.Carry out networking and advocacy work on HIV/AIDS
8.SCOPE AND APPLICATION
This policy shall be read and applied in conformity with ILO/HIV/AIDS Code of practice and “World or work” and any other national policies on HIV/AIDS as shall be in force.
