Collective Bargaining Agreement
COLLECTIVE AGREEMENT BETWEEN
NATIONAL ROAD FUND AGENCY (NRFA)
AND
ZAMBIA UNION OF FINANCIAL INSTITUITIONS AND ALLIED WORKERS
(ZUFIAW)
REPUBLIC OF ZAMBIA DEPARTMENT OF LABOUR
FOR THE PERIOD 1ST JANUARY 2023 TO 31ST DECEMBER 2024
1.0 PREAMBLE
This Collective Agreement is made on the day of 14th day of December 2022 between the National Road Fund Agency, a statutory body established by the National Road Fund Act no 13 of 2002 of the Laws of Zambia (hereinafter called "the Agency") of the one part and the Zambia Union of Financial Institution and Allied Workers, the Trade Union registered under the Industrial and Labour Relations Act CAP 269 of the Laws of Zambia (hereinafter called "the Union") of the other part.
WHEREAS the Agency is desirous to keep employees' Conditions of Service competitive to attract and retain talented and skilled employees.
WHEREAS the Union is committed to negotiate for better conditions of service for its members to contribute to the realization of the Agency's vision 'To have a Sustainable Road Fund'.
AND WHEREAS the Parties have a Recognition Agreement which enables them to negotiate with each other.
NOW, THEREFORE, this Agreement witnesseth as follows:
2.0 DEFINITIONS
The following words and expressions shall have the following meanings unless the Agreement specifies otherwise:
2.1 "Basic Salary" shall mean the standard rate of pay before additional payments such as allowances and bonuses for a period not exceeding one month.
2.2 "Agency" or "Employer" shall mean National Road Fund Agency (NRFA), created through an Act of Parliament No. 13 of 2002.
2.3 "Child" shall mean a child registered by an eligible employee.
2.4 'Dependents' of an employee are: -
i. The spouse- legally married as per documents provided to the Agency
ii. The employee's biological children, and legally adopted children up to a maximum of five, who are 21 years and below except those receiving a first qualification in tertiary education.
iii. Parents of the employee.
2.5 "Eligible Employee" shall mean Unionized employee of the National Road Fund Agency as agreed in the Memorandum of Recognition Agreement.
2.6 "Management" shall mean Management of the National Road Fund Agency as agreed in the Memorandum of Recognition Agreement.
2.7 "Registered dependent shall mean the spouse of an employee, plus the biological off springs or stepchildren or legally adopted children of an eligible employee to the age of Twenty-One (21) years registered with the Agency.
2.8 "Spouse" shall mean the registered wife or husband of an eligible employee. This definition shall not affect spouses in a polygamous marriage.
2.9 "Union" shall mean The Zambia Union of Financial Institution
2.10 "Bargaining Unit" shall mean a body established jointly by Management and the Union for the purpose of carrying out collective bargaining.
2.11 "Night" means the period between 18:00 hours in the evening and 06:00 hours in the morning.
2.12 "Uniform" shall mean the corporate shirts and t-shirts.
2.13 'Authorized Person' means any person employed and/or authorized by the Agency to represent its interests.
2.14 'Accident in the course of duty' means an accident in respect of which compensation is payable under the Workers Compensation Act.
2.15 'Full Pay' means the employee's pay at his/her substantive basic rate and
2.16 "Half Pay" shall be construed accordingly as half pay at his/her substantive basic rate.
2.17 'Year' means a period of twelve, (12) calendar months.
2.18 'Acting Allowance' means pay received for аззиming and undortaking full responsibilities of a higher post or position for a minimum period of 10 continuous calendar days.
2.19 'Responsibility Allowance' means an allowance paid to an employée för performing additional responsibilities for a minimum of ten (10) continuous calendar days.
2.20 'Overtime' means authorized work undertaken in excess of normal working hours or shift.
2.21 'Probation' means the period when an employee is assessed for suitability for substantive employment from the date of engagement up to the time when the employee is confirmed in his or her appointment.
2.22 'Promotion' means authorized appointment into a substantive higher post or position of higher grade than the current job held.
2.23 'Leave' means authorized period of absence from work which counts as part of service of the employee.
2.24 'Unionized Grades' are grades NRFA5 and below.
2.25 'Notching System' means Salary levels in each NRFA Grade.
3.0 APPLICATION OF THE COLLECTIVE AGREEMENT
3.1 This Collective Agreement shall be binding on all employees who are employed by the Agency and are members of the Union.
4.0 DURATION OF AGREEMENT
4.1 This Collective Agreement shall be valid for a period of twe (2) years commencing 1st January 2023 to 31st December 2024. However, the salary/wages will be reviewed annually.
4.2 This Agreement shall be valid for as long as the Recognition Agreement between the Agency and the Union remains in force.
5.0 VARIATION CLAUSE
5.1 At any time after nine (9) months of the commencement of this Agreement, either party may give three (3) months' notice in writing of its intention to continue with the Agreement for a further two (2) year period, or of its intentions to alter any clause.
5.2 Any variation to this agreement shall be done through the Bargaining Unit.
5.3 The Collective Agreement shall be reviewed and revised as may be required to incorporate relevant Legislation, documentation released from relevant state agencies and best practice guidelines.
6.0 EQUAL OPPORTUNITY POLICY
The NRFA is an equal opportunity employer. The Agency does not discriminate in the employment of any person on the basis of race, tribe, sex, political affiliations, religion, HIV/AIDS status or physical disability.
7.0 ΑΡΡΟΙNTMENTS
7.1 Employment Period
Employees in category NRFA 5 to NRFA 8 shall be employed on Permanent and Pensiöñāble employment contract.
Appointments shall be subject to:
i. The applicant being a Zambian oitizon, the applicant satisfying the Agency as to his/her health and physical fitness.
ii. A medical examination report from a Medical Practitioner acceptable to or appointed by the Agency shall be completed in all cases;
iii. Production of documentary evidence of educational standard and career background.
iv. Confirmation of academic and professional qualifications with the relevant professional Institutions.
v. Production of at least three references.
8.0 CONFIDENTIALITY CLAUSE
All employees shall upon joining the Agency sign a Confidentiality Agreement, using the Declaration of Confidentiality Form, with respect to the dealings of the Agency, whereby they shall undertake to keep matters of the Agency, which shall come to their knowledge by office, trust or duty, confidential and not to disclose the same to any unauthorized persons.
9.0
PROBATIONARY PERIOD
i. All unionized employees shall be engaged initially on probationary period of three (3) months before confirmation.
ii. During probationary period, the suitability of the employee for the post shall be assessed through the NRFA performance management system. After this period, the employee may be confirmed if found suitable or discharged from employment If found unsuitable.
iii. In exceptional cases, the probationary period may be extended for a further period not exceeding three (3) months.
iv. Where performanoc or conduct is found to be unsatisfactory, and the Agency may decide to extend the probationary period, the employee shall be counselled and an improvement plan drawn up and agreed in writing.
v. If on final review a probationer fails to improve on his/her performance to the required level, his/her services shall be terminated.
vi. However, during the probationary period and notwithstanding the above provisions, employment may be terminated by either party giving to the other 24 hours / one day's written notice and state the reason for Termination of Employment Contract as required by Law.
vii. If no communication is received by the employee after successful completion of the initial period of the next three (3) months at management's discretion and no justifiable reason is advanced for the delay or failure to communicate, such an employee shall be deemed to have been confirmed and shall be treated as such in the event of any dispute arising out of this agreement.
10.0 SEPARATIONS
The Agency or the employee may terminate the employment contract by or on:
10.1 Statutory Retirement
i. The employee shall retire from the Agency's service on attaining the age of Sixty (60) years.
ii. The Agency shall give such an employee six (6) months' notice to retire.
The retirement package shall be a lump sum payment calculated as follows:
No. |
Years in Service |
Formula |
1. |
0-5 |
24 months basic salary plus 1 month’s salary for each completed year of service |
2. |
5-10 |
24 months basic salary plus 1.5 month’s salary for each completed year of service |
3. |
11 years and above |
24 months basic salary plus 2 months’ salary for each completed year of service |
iii. Retired employees shall continue receiving a salary until they are paid terminal benefits in full.
10.2 Early and Late Retirement
i. An employee may apply to the Agency for early or late retirement upon attaining the age of 55 and 65 respectively or upon completion of 15 or more years of continuous service with the Agency.
ii. The employee under early retirement shall be entitled to a lump sum retirement benefit calculated as follows:
15 months basic pay plus 1 month's basic pay for each completed year of service
iii. The employee under early or late retirement shall give or be given a six (6) months' notice
10.3 Resignation
Unionized Employees may terminate their employment contracts by giving one (1) month notice or paying the Agency one (1) month basic salary in lieu of notice.
On resignation, the employee shall immediately be paid the following terminal benefits, DE less any recoveries of the monies that the employee may be owing to the Agency:
i. Accrued leave days.
ii. Accrued salary and allowances;
10.4 Summary Dismissal
i. The Agency may dismiss an employee summarily following a disciplinary process.
ii. Where an employee is summarily dismissed, he or she shall be entitled to accrued salary and accrued leave days less recovery of any monies that may be owing to the Agency.
10.5 Medical Discharge
i. An employee who has been examined and certified unfit to perform his functions due to ill-health or injury by the Agency's appointed Medical Officer, shall have his employment terminated on medical grounds.
ii. Upon discharge on medical grounds, the Agency shall pay the employee:
a. Accrued salary;
b. Accrued Leave days;
C. Terminal Benefits to be calculated at three-month basic salary per each completed year
The Agency shall recover all the monies from the employee's benefits that may be owing to the Agency.
10.6 Termination by Redundancy or Retrenchment
i. When due to circumstances beyond the Agency's control redundancy is inevitable, the Agency after obtaining approval from the Board and informing the Ministry of Labour, may effect redundancy based on the principle of "first in last out" and "last in first out" taking into consideration the employee's age, experience, educational qualifications and vocational training, conduct and disciplinary record, efficiency and effectiveness and commitment to duty.
ii. Once an employee has been declared redundant or retrenched, the Agency shall pay the following redundancy package to the employee less any monies owing to the Agency:
a. Twenty-four (24) months basic salary plus one month's salary inclusive for each completed year of service.
b. Three (3) months basic salary in lieu of notice and any other contractual terminal benefits.
c. The last drawn "basic salary" shall be the basis for calculation of the redundancy pay.
iii. If the Agency is unable to pay redundancy benefits on the last day of employment, the Agency shall continue to pay the employee the full salary until the redundancy benefits are paid in full.
10.7 Termination by Mutual Consent
i. When due to circumstances beyond the Employee's and Agency's control such as promotion and an employee's employment status is changed from Permanent and Pensionable to Fixed Term Contract of Service, the Agency and the Employees shall agree to terminate the employment contract by mutual consent.
ii. Once the employment Contract of Service is terminated on mutual consent, the Agency shall pay the following package to the employee less any monica owing to the Agency:
a. Accrued salary;
b. Accrued Leave days;
c. Mutually agreed months of basic pay for each completed year of service
10.8 Death of an Employee
i. Employment with the Agency shall be automatically terminated upon the death of an employee.
ii. On death of an employee, the Agency shall pay the employee's estate terminal benefits pay the following package less any monies owing to the Agency:
a. Accrued salary
b. Leave pay;
c. Terminal Benefits paid on pro-rata basis up to the time of death.
iii. Payment due from Group Life Assurance and or Group Personal Accident Policies:
10.9 Repatriation
The Agency shall provide transport or pay for the cost of transport to repatriate an employee and his/her family to the place of recruitment upon payment of final terminal benefits if the employee.
i. Is discharged on medical grounds
ii. Is declared redundant
Retires early
iv. Normally retires or
V. Dies in service in which case the benefits shall accrue to the family of the deceased employee,
No repatriation shall be provided to employees who are separated on disciplinary grounds.
10.10 Nomination for Election to Become Member of Parliament
An employee shall be required to resign on valid nomination for election to become Member of Parliament.
An employee shall be required to proceed on unpaid leave on valid nomination for election to a local authority position such as Councilor.
10.11 Termination of Employment - Confirmed Employee
After probation either party may terminate employment at any time by serving notice in writing as follows:
i. If the employer is terminating employment, one (1) months' notice shall be given;
ii. If the employee is terminating employment, he / she shall give one (1) months' notice;
Where termination is at the instance of the employer, the employee shall be paid as follows:
a. Accrued salary;
b. Accrued Leave days;
c. Terminal Benefits to be calculated at three-month basic salary per each completed year
iv. Where the Agency terminates or discharges an employee without giving notice, the employee shall be paid one (1) month salary in lieu of notice.
V. Where the employee shall terminate his/her employment without notice, the employee chall pay one (1) months' salary in lieu of notice.
vi. On the part of the employee, calculation of the period of notice may be reduced by any leave days accrued.
vii. Termination of employment of an employee who is on Permanent and Pensionable Contract of Service shall be in accordance with such procedures as follows:
a. Disciplinary Procedure
b. Medical Grounds
c. Redundancy
d. Death
11.0 BASIC PAY AND PREMIUM PAYMENTS
11.1 Remuneration Policy
i. The Terms and Conditions of Service offered by the National Road Fund Agency shall recognize the needs of the organization. To this effect, the Agency undertakes to pay a remuneration package, which shall be sufficiently competitive to attract, motivate and retain the calibre of employees it requires for the successful achievement of its mandate.
ii. The Agency shall adopt a pragmatic approach to the structure of its remuneration package to reflect changes in both the external environment of the labour market, economic indicators and prevailing legislation as well as the internal environment related to organizational, and individual performance
11.2
Salary Structure
The Agency Salary Structure shall have Salary Scales ranging from NRFA 1 to NRFA 8.
i. All Salary Scales shall have twenty (20) notches each with minimum and maximum salary notches.
ii. The Agency shall pay in arrears and advance the monthly basic salary to the employee throughout his or her employment.
iii. An employee shall ordinarily be placed on the minimum or entry notch for the salary grade on first appointment, unless other factors such as market value of new skills/experience necessitate entry at higher notches within the salary range for the grade.
iv. The basic salary scales for employees shall be determined through job evaluation and the guaranteed package to the employee, shall among other things, depend upon the Agency's ability to pay.
v. The employee's performance shall be assessed annually, and salaries shall be reviewed in light of the yearly final performance assessment.
vi. In an event that an employee has been elevated to a higher position, he or she shall be awarded two notches higher in the new grade an employee has been appointed to.
11.3 Salary Placement for Entrants
In order to attract the right calibre of personnel to join the Agency, a higher salary notch than that held by serving employees in that grade may be offered to an entrant with superior relevant qualifications and experience. However, approval of the Director /CEO is required.
11.4 Salary Increments
i Progression salary increases, where applicable, shall be in accordance with the Basic Pay Schedule and shall be applicable to all employees.
ii. Tho Agency maybe necessitated by inflation, revise salaries regularly and make suitable adjustments to employees' emoluments. The approval of the increments shall be made by the Board.
iii. Salary increments, other than those effected during general salary reviews shall depend on the performance of the employee and shall not be awarded where the employee's performance has been unsatisfactory.
iv. The Agency shall award an anniversary notch to all eligible employees effective 1st January 2024.
11.5 Pay Day
The official pay day for all employees shall be 15th of each month in which it is earned. If the day falls on a public holiday or Saturday or Sunday, employees shall be paid on a working day before the weekend or public holiday.
11.6 Deductions from Employee's Emoluments
The Agency shall deduct from the basic salary or other money due to the employee all amounts payable by the employee to the Agency for the following:
i. Statutory deductions
ii. The money that is due to the Agcnoy in roopoot of any loan or salary advance payment or allowance made under the contract
iii Any other deductions that may be lawfully made
11.7 Work Stoppage Outside the Agency's Control
If for any reason the employee fails to work the full period of his normal working week, the employee shall (subject to the Conditions related to paid public holidays and absence resulting from sickness and injury) be paid for that period.
The Agency shall be obliged to provide work for the employee or pay salaries in lieu whenever the operations of the Agency or any part thereof shall be suspended or interrupted due to any strike or other industrial action, or interruption of power or other essential supplies or war, civil disturbance, force majeure or other causes outside the control of the Agency, provided that for any period during which the Agency does not provide work in accordance with this Regulation the contract shall not be deemed to be terminated; the Employee's service with the Agency shall not be deemed to be broken; and the employee shall not be entitled to receive any monies which are payable only upon termination of the contract or service.
11.8 Normal Working Hours
The normal working hours shall vary and shall be determined by the Agency on the basis of its Operational requirements.
Normal hours of work for employees shall be as follows:
a. 08:00 hours to 13:00 hours, and
b. 14:00 hours to 17:00 hours
In case of employees engaged in shift work, the normal working hours shall be an average of forty-eight (48) hours per week over a shift cycle irrespective of the days worked including Saturdays and Sundays and Public Holidays.
The Agency shall pay a shift differential of 5% of the eligible employee's basic pay to all members working night shift effective 1st January 2024
11.9 Overtime
Employees in Grades NRFA 5 to NRFA 8 shall be obliged to work overtime if their supervisors request them to do so.
Overtime shall be compensated as follows:
Except in special circumstances such as celebration of International, National and Institutional events, all hours worked by an employee in excess of the normal hours per week shall be regarded Overtime.
The rates of Overtime Payment shall be:
a. Monday to Friday - one and half times
b. Saturday up to 12:00 hours one and half times, and beyond 12 hours double time
c. Sunday and public holidays - double time
12.0 PERFORMANCE ASSESSMENT AND ADVANCEMENT
10.1 The Agency shall maintain a Performance Management System (PMS), which shall facilitate, encourage and reward good performanco.
10.2 Every employee's performance shall be assessed on annual basis and salaries shall be reviewed based on the assessment. Any bonus, merit increment or promotion shall also be awarded or effected by management based on assessed performance on a yearly basis. Only employees who have served at least six (6) months in the position being assessed in shall be eligible to receive any bonus or merit increment.
10.3 The employee's performancc shall be assessed by the immediate supervisor and shall be discussed with the employee concerned. The employee shall be required to sign in the appropriate section of the Performance Contract to show that he/she has read the assessment and that it has been discussed with him/her.
10.4 Performance assessments shall thereafter be reviewed in all cases by Reviewers and approved by Head of Department.
13.0 PROMOTIONS, TRANSFERS AND SECONDMENTS
13.1 Promotions
i. All promotions shall be made at management's discretion and shall be based on merit. The appointed employee shall have the requisite minimum qualifications, competence, experience and good conduct. Such promotion shall take account of the recommendations of the immediate supervisor and Head of Department (as documented in the performance Appraisal Reports) and shall be approved by the Director / CEO.
ii. At all times the criteria for promotion shall be to get the best person for the job from whom the Agency can derive maximum benefit, regardless of the section or department where the vacancy exists, or the candidate is drawn from. The required level of performance and competence for vacant positions shall take precedence over ağë, lëngth of service shall be considered in assessing the expectations of effective performance.
iii. The Agency shall initially advertise posts internally and only recruit from outside if there are no suitable internal candidates.
iv. Where a particular post is upgraded, it shall be considered to have become vacant from the date of such up grading and shall be filled in accordance with laid down procedures.
v. The effective date of an employee's date of promotion shall be contained in the letter of appointment.
vi. Employees considered for promotion shall take up the appointment from the date of promotion or be appointed to act for a period of three (3) months with a view to establish their suitability for confirmation. If after acting for three months an employee is found unsuitable for promotion, he/she shall be reverted to his or her substantive position. However, the acting period may be extended for another three months.
vii. When an employee is promoted to a higher grade, he/she shall receive a salary at the minimum notch in his new scale, and where his former salary is higher than his new salary notch, he/she shall be awarded not less than two notches increment in his/her new scale.
13.2 Up-grading following Re-evaluation
When an employee's job is up-graded as a result of re-evaluation, the up-grading shall take effect from the date on which the re-evaluation is confirmed. The employee shall receive either the minimum rate for the higher grade or the rate in the higher grade immediately above his previous substantive rate, whichever is the greater assuming that the employee qualifies for the re-evaluated job.
13.3 Transfers
i. An employee may be transferred within the Agency to wherever his or her services are required.
II. An employee may be transferred on temporary basis to ast in the place of another employee who is on leave.
iii. Transfers shall be a management prerogative and requests for transfer by employees shall be effected at management's discretion.
iv. A transfer may not necessarily result in the change of the employee's present salary, except where the employee is required to handle higher responsibilities.
v. If an employee is demoted to a job in a lower pay grade because of his inability to satisfactorily perform the duties in his substantive grade, his pay shall be reduced to the rate in the lower pay grade from the date of demotion.
vi. If an employee is transferred at his own request to a job in a lower pay grade his rate of pay shall with effect from the date of transfer be reduced to the rate in the lower pay grade appropriate to his service.
vii. If an employee's job is downgraded as a result of re-evaluation, or if an employee is transferred by the Agency to a job in a lower pay grade for reasons other than his inability to satisfactorily perform the duties of the job in the higher pay grade or other disciplinary reasons, the following action shall come into effect:
a. The employee shall be transferred to an equivalent notch in the lower grade, where it exists, and shall be eligible for any future increments within the grade.
b. If the employee's previous substantive rate is above the maximum rate for the lower pay grade, the employee shall continue to be paid at his previous substantive rate on a personal to holder basis but shall not be eligible for any future increments.
13.4 Attachment/Secondment
i. The Agonoy may with the consent of the concerned employee attach/second such an employee to any other Agency or institution on such terms and conditions mutually agreed between the employee, the Agency and the organization or institution to which the employee is attached/ seconded.
ii. For the purpose of determining the period of contract with the Agency, any period of attachment /secondment from the Agency shall be deemed to be employment with the Agency.
iii. No employee shall initiate attachment/secondment without the prior approval of the Agency.
iv. At the end of his or her attachment/secondment, the employee shall return to his/her former substantive position except in the event of promotion or transfer..
v. For secondment, the provisions of clause ii above shall not apply
14.0 LEAVE
14.1 Leave Earning Rates
Employees shall earn 2.5 leave days per month.
14.2 Granting of Leave
Granting of leave shall be subject to recommendation by the Supervising Officer, authorization by:
14.2.1 Management Discretion
The period of leave shall be subject to the convenience of the Agency. However, an employee shall take leave on an annual basis.
14.3 Annual Leave
An employee who has accrued a minimum of twenty (20) leave days in service shall be eligible to proceed on Annual Leave of a minimum of 15 working days in every twelve (12) months and a minimum of five (5) days shall be maintained as balance at any given time.
i. Leave days shall accrue up to a maximum of 90 leave days.
II. Employees shall continue to accrue leave whilst on leave as if they were at work.
14.4 Local Leave
The Agency shall grant 7 non-deductible days per annum as Local Leave to an eligible employee.
14.5 Excess Accumulation of Leave
No employee shall accumulate leave days beyond the stipulated maximum. However, an employee may accumulate leave beyond the maximum accumulation and without the limitation set out in section 14.3 (i) above if his/her leave is postponed or curtailed by the Agency.
14.6 Leave Utilization
i. Leave taken shall form part of the service period of an ermployee.
ii. Only leave which is commuted for cash shall be referred to as leave pay and shall exclude remuneration drawn during leave, which shall be part of salary.
iii. An employee may not be granted leave för a continuous period longer than his maximum annual leave entitlement.
14.7 Absence without leave
If an employee is absent from work without authority or for other reasons as specified otherwise than in these Terms and Conditions of Service, he/she shall not be entitled to pay or any other benefits payable under these Terms and Conditions of Service for the duration of such absence. An employee is deemed to have deserted employment if he/she is absent from duty without leave for Ten (10) consecutive days, the contract of employment is deemed to have been terminated.
14.8 Unpaid Leave
i. Management may at its discretion and in special cases grant unpaid leave where paid leave has not accrued.
ii. Unpaid leave once taken shall not count as service for leave. Similarly, any unauthorized absence, including strike period, shall not count as service for leave.
iii. Unpaid leave can only be granted in instances where paid leave has not accrued.
iv. Management shall allow eligible employees to take Unpaid Leave to up to a maximum period of eighteen (18) months.
14.9 Accumulated Leave at Separation from Service
i. Any period of accumulated leave for which payment in lieu is made at the time of separation of service shall not count as service for leave.
ii. All accumulated leave days shall all be commuted at the time of separation from employment.
14. 10 Minimum Service for Leave
Paid annual leave in terms of these Rules shall only be granted after an employee has been confirmed and has been in service for at least eight (8) months.
14.11 Paid Public Holidays, Saturdays and Sundays
All gazetted public holidays shall be observed without loss of pay. Any approved leave other than Maternity Leave, Study Leave and Sick Leave shall be exclusive of Saturdays, Sundays and Public Holidays.
14.12 Salary Advances Prior to Leave
When an employee proceeds on leave and his leave period extends over one or more pay days, he may elect to receive a salary advance equivalent to his estimated net pay for the duration of the leave period. The leave advance shall be recovered in accordance with standing salary advance procedures.
14.13 Salary Whilst on Leave
An employee whilst on paid leave shall be paid at the rate of his substantive basic salary at the time of taking leave.
14.14 Automatic Increase Whilst on Leave
In the event of an automatic progression increase in salary being granted based on calendar periods, it shall come into effect on the due date, even though an employee may then be absent on authorized leave.
14.15 Leave Whilst on Acting Appointment
Employees on acting appointment should not go on leave unless in exceptional circumstances.
14.16 Other Employment Whilst on Leave
Employees must not take up other formal employment whilst on leave or take on work similar or related to that which the Agency is engaged in whilst on leave.
14.17 Leave Benefits on Transfer
When an employee is transferred to another Department/Section, accrued leave shall not be affected.
14.18 Resignation Whilst on Leave
An employee may give notice of termination of employment whilst on leave and his service shall terminate on the last day of the prescribed notice period, provided that the Agency may reduce the period of notice in special circumstances.
14.19 Commutation of Leave days
An employee may commute his/her accrued leave days for cash once a year provided that a balance of 5 days is maintained on the record. To qualify for commutation of leave days, the employee must have taken annual leave of at least 15 days except in circumstance where the Agency does not allow the employee to go on leave for whatever reason.
14.20
Maternity Leave
A female employee is on production of a medical certificate, entitled to fourteen (14) weeks maternity leave to be taken:
a. Immediately preceding the expected dato of delivery, except that at least six weeks maternity leave shall be taken immediately after delivery; or
b. after delivery of the child
The maternity leave shall in the case of a multiple birth be extended for a further period of four (4) weeks.
Where a female employee remains in continuous employment for a period of twenty-four months immediately preceding the beginning of leave under this section, the maternity leave shall be with full pay where the maternity benefits are not paid under a written law providing for maternity benefits.
Where there is more than one employer from whom, or a third-party scheme from which, a female employee is entitled to claim maternity benefits, an employer who pays the maternity benefit is entitled to recover from the other employer or third-party scheme, as a civil debt:
a. in the case of another employer, a contribution which shall bear a proportion to the amount of the maternity benefit paid to the employee as the number of days the employee worked for the other employer; or
b. in the case of a third-party scheme, the reimbursement of the maternity benefit as may be prescribed.
A female employee who gives birth to a premature child is entitled to an extension of the maternity leave for a period that shall be recommended by a medical doctor.
A female employee who remains in continuous employment with the same employer for a period of twelve months and suffers a miscarriage during the third trimester of pregnancy or bears a otill born child is entitled to six weeks leave on full pay immediately after the miscarriage or still birth, except that the miscarriage or still birth shall be duly certified by a medical officer.
On expiry of a female employee's maternity leave the employee shall return to the job which the employee held immediately before the maternity leave or to a reasonably suitable job on terms and conditions not less favorable than those which applied to the employee before the maternity leave.
A female employee may, immediately on expiry of maternity leave before resuming duties and with the approval of the employer, proceed on sick, annual, compassionate or other leave to which the employee is entitled.
A female employee shall give notice in writing as may be reasonable in the circumstances, to the employer, of that employee's intention to proceed on maternity leave on a specified date and to return to work thereafter.
A female employee shall not forfeit that employee's annual leave entitlement under section 37 because of having taken maternity leave.
In this section, "premature child" means a child born before thirty-seven weeks of gestation counting from the first day of the last menstrual cycle.
14.21 Nursing breaks
A female employee who is nursing that employee's unweaned child, is entitled each working day, at a time convenient to the employee and having regard to the needs of the child, to at least two nursing breaks of thirty minutes each; or one nursing break of one hour.
14.22 Health Break
All employees shall be entitled to twenty (20) minutes in day or shift as Health Break during the course of performing their duties.
14.24
Paternity Leave
Subject to an agreement between an employer and an employee which is more favorable to the employee than the provisions of this section, a male employee who remains in continuous employment with the same employer for a period of twelve montho immediately preceding the beginning of leave under this section is entitled to at least five continuous working days paternity leave, if:
i. the employee is the father of the child;
ii. the employee has submitted to the employee's employer a birth record of the child; and
II. the leave is taken within seven days of the birth of a child.
14.25 Examination Study Leave
i. The Agency, at its discretion, may grant leave up to a maximum of ten (10) working days annually to an employee sitting for examinations of an approved course of study.
ii. The number of leave days so granted shall not be deducted from the employee's accrued leave days.
14.26 Compassionate Leave
An employee is entitled to Compassionate Leave with full pay for a period 10 days and 5 days per event as follows:
i. Ten (10) working days for a loss of a spouse,
ii. Five (5) days for loss of a parent, child or dependent; or
iii. A justifiable compassionate ground
14.27 Special Paid Leave
An employee shall be granted special leave as follows:
a. Where it is felt necessary to facilitate investigations in disciplinary cases, where it is felt the employee's absence shall be in the best interest of the Agency and the employee.
b. Special leave shall also be granted in other exceptional circumstances such as when an employee is selected to represent Zambia at a national or international event.
14.28 Mothers' Day
All female employees are entitled to a day-off every month. However, notice of 24 hours should be given prior to taking leave; In case of emergency, twenty (24) hours' notice may be dispensed by the supervisor. Mother's days shall not be cumulative.
14.29 Service Counting for Leave
All paid leave granted by the Agency shall count for service. All service counting for leave must be continuous unless absence is due to sickness, Agency or non-Agency accident and/or paid public holiday. Such absence shall not be regarded as a break in service.
14.30 Leave Periods
Periods of paid leave, after having been taken and after the employee has returned to work without a break in service, shall count as service under these Rules.
14.31 Absence due to Accident in the course of duty
Periods of absence on account of an accident in the course of duty or illness shall be taken into account when calculating accrued leave.
14.32 Prolonged Absence due to Accident/Sickness
Periods of absence due to sickness or accidents in excess of the periods set out in maximum sick leave days shall not be taken into account when calculating accrued leave.
14.33 Recall from Leave
An employee who is on leave may be recalled from leave if his services are urgently required at the time of recall.
14.34 Premature Return from Leave at Employee's Request
An employee wishing to return to duty before the end of his leave shall first obtain the consent of his immediate supervisor.
15 ABSENCE RESULTING FROM ILLNESS OR INJURY
15.1 Employee's Obligations
i. Any employee who is absent from work as a result of illness or injury shall:
a. Report as soon as possible to an authorized person and submit to a medical examination and thereafter submit a report to the Agency.
b. Make himself/herself available at all times for medical treatment and not leave the town of residence during the period that he/she is receiving such medical treatment without permission of the Agency's appointed Medical Officer and Agency Management.
ii. Such an employee may not return to work until it is certified by an authorized person that he or she is fit for work.
15.2 Non-Payment during Absence
Any employee who does not fulfil the conditions set out in clause 13.1(a) above shall not be entitled to any pay under these Rules for the duration of his/her absence.
15.3 Accident in the course of duty
When an employee is absent from work as a result of an accident in the course of duty, payment of sick pay shall commence on the first day of such absence and continue throughout the period during which the employee is receiving periodical payments in accordance with the Worker's Compensation Act.
15.4 Maximum Number of Days for Sick Leave
The maximum number of days for which an employee shall receive full pay in one sick leave due to sickness or Agency or non- accident shall be:
a. During the employee's first year of service - 90 days
b. During the employee's second year of service - 120 days
c. During the employee's third year of service - 150 days
d. During the employee's fourth and subsequent years of service - 180 days
i. When an employee's entitlement to full sick pay has been exhausted, the employee shall receive half pay for the next 90 days after which the employee shall be discharged on medical grounds based on a medical report from a recognized medical officer/institution.
ii. This period en half pay may be extended to a maximum of 180 days on the recommendation of a medical officer if it is probable that the employee may be able to return to duty at the end of the period.
iii. For the purpose of these rules all continuous service after confirmation of employment shall count for calculation of sick leave. An employee's sick leave shall be increased in accordance with the scale shown above on the anniversary date of each service.
15.5 Adjustment of Payments
All payments provided for in respect to injuries or illness shall be subject to the following deductions:
i. Periodical payments due to the employee in terms of section 56 or 57 of the Worker's Compensation Act in lieu of salary for the period of absence due to a Company Accident.
ii. All monies to which the employee shall become entitled, in lieu of salary for the period of absence, under the Agency's Personal Accident Insurance Policy.
15.6 Refund of Payments to the Agency
All payments made by the Agency under these Rules before the total amount of any deductions is determined shall be regarded as a loan from the Agency to the employee and must be paid as soon as the relevant amount is paid to the employee.
16 ALLOWANCES
16.1 Acting Allowance
i. An employee who is appointed to act in a senior post or higher position for periods of 10 continuous calendar days or more for whatever reason shall be entitled to an acting allowance. The acting allowance shall be calculated at 25% of basic salary or 25% of the entry point in the higher grado whichever is higher. Payment shall be calculated on a pro rata basis where the acting period is more or less than a calendar month.
ii. The acting allowance shall be paid with the monthly salary. However, the allowance thus paid shall not be treated as basic pay and shall not attract premium payments. No acting allowance shall be paid when acting in lateral jobs of the same grade as the substantive job.
iii. The Acting Allowance shall be paid when an employee is absent from work due to authorized annual leave or less than thirty days leave or as a result of sickness or injury, provided that he/she was receiving an acting allowance for three continuous months prior to going on leave and on his/her return to work from leave immediately resumes work in the same acting position.
iv. Acting allowance shall cease upon completion of the acting period.
16.2 Responsibility Allowance
Employees shall be paid a responsibility allowance equal to 50% of acting allowance for a minimum period of 10 continuous calendar days if assigned to perform duties of a job in the same grade as their substantive job or in a higher grade if they are not performing the full function of the office due to legal or qualification/experience requirements.
16.3 Leave Allowance
i. An employee who proceeds on annual leave shall be paid Leave Allowance equivalent to one-month basic salary. Tax payable shall be borne by the Agency. Annual Leave shall not be less than fifteen (15) days.
ii. If an employee returns to work before the completion of annual leave, the leave allowance shall be recovered from the employee's salary from the next month's pay. However, when the retum to work was occasioned by the Agency, arrangemonto chall be made between the Supervisor and the affected employee to complete the leave and the employee shall not forfeit the leave allowance given.
iii. Any leave days for which leave pay has been paid if not actually taken or the employee returns before the last day of leave, shall be treated as having been commuted.
16.4 Daily Subsistence Allowance
16.4.1 Local Travel
i. Employees travelling on authorized Agency business shall be provided with transport or with travel advance where transport is not available. Calculation for Fuel Allowance shall be based on Cabinet Office Circular No. 7 of 2012 as amended.
ii. When an employee is working out of station i.e. in another town other than his/her station of operation and is required to stay overnight, he/she shall be entitled to a Subsistence Allowance at the following rates:
NRFA 5-6 K1,500.00 per night
NRFA 7-8 K1,300.00 per night
iii. Where accommodation and food have been provided, an out-of-pocket allowance at the rate of fifty (50) % of Subsistence Allowance shall be paid for local business paid trips.
iv. The Agency shall provide accommodation in instances where Subsistence Allowance is inadequate to cater for accommodation as follows:
NRFA 5-NRFA 8 up to 3 Star
Such imprest shall not cater for alcoholic beverages, private phone calls or laundry services. However, laundry costs for one suit shall be borne by the Agency for a stay at the hotel where the duration is seven days or more.
v. Where the employee provides own board, allowances paid in advance for nights planned but not spent due to early return to base before completion of projected nights, must be paid back within two working days of retum. Failure to do 30 shall lead to rcoovory from the payroll and/or disciplinary action being taken.
vi. No subsistence allowance shall be paid in respect of absence from an employee's station not involving an overnight stay.
vii. It is a requirement for all business trips made that the concerned employee completes a report on the trip taken, highlighting the mission and achievements or failures for management information.
16.4.2 Overseas Travel
i. Employees travelling outside Zambia on authorized Agency business shall be provided with Agency transport and/or travel advance and/or return economy class air ticket (NRFA 5 and below) as appropriate. Board and Lodging shall be paid for by the Agency. In addition, the Agency shall provide travel insurance cover.
ii. When an employee undertakes a business trip abroad, where he/she is required to arrange own board and lodging, the per diem allowances shall be paid according to the destination classified by Cabinet Circulars as amended from time to time.
iii. During a business trip where the Agency or any other sponsor meets the full board and lodging expenses, the out-of-pocket allowance shall be a per centum of per diem as per Cabinet Circular.
16.5 Lunch Allowance
When an employee is required to work during Lünch hour a K'150 meal allowances shall be paid to eligible employees, without the requirement to produce receipts.
16.6 Settling-in-Allowance
A Settling-in Allowance shall be paid to an employee on first appointment in the Agency upon confirmation. Such employees shall be entitled to twenty five percent (25%) and twenty percent (20%) of the annual basic salary for married and single employees respectively
16.7 Transport Allowance
All unionized staff shall be entitled to Transport Allowance at a rate of Two Thousand Six Hundred Kwacha, (K2,600.00) net of tax per month. This allowance shall only be applicable to employees that do not access Agency Transport such as Agency Buses or any other Motor Vehicles.
16.8 Kilometre Allowance
DEPAL Where an employee is required to travel on Agency business for a distance exceeding a 16km radius from his/her normal place of work and where he/she has the permission of the Agency to use own private motor vehicle, a Kilometer allowance of K7 per kilometre shall be paid.
16.9 Upset/Disturbance Allowance
i. Where an employee is transferred by the Agency from one station to another in accordance with these Terms and Conditions of Service, the employee shall be entitled to Upset / Disturbance Allowance of 100% of monthly gross salary payable upon reporting at the new station.
ii. The Agency shall not pay any Upset / Disturbance Allowance and no hotel or lodge accommodation shall be provided to an employee whilst arranging for accommodation where an employee requests for a transfer to another town. The Agency shall not pay for removal expenses once the transfer is approved. However, a nominal fee shall be charged for transporting personal effects subject to availability of the transport on the particular route.
iii.Where an employee has been transferred from one station to another at the instance of the Agency, and the new place is in another town, the Agency shall pay the employee seven (7) days subsistence allowance to arrange for accommodation.
iv. An employee shall be entitled to seven (7) days off duty from the date of arrival in the district to facilitate their settling.
v. When the date of moving to the new station has been determined, the Agency shall pay for removal expenses of the employee, his/her family and household effects once in relation to that specific transfer.
16.10 Housing Allowance
An Employee shall be entitled to 10% net of the Gross Basic Salary.
17 GENERAL CONDITIONS
17.1 Funeral Assistance
i. In an event of the death of an employee the Agency shall pay K40, 000 funeral grant.
ii. In an event of death of an employee's spouse the Agency shall pay K28, 000 funeral grant.
iii. In an event of death of an employee's registered dependents, the Agency pay K23,000 funeral grant.
17.2 Medical Assistance
i. The Agency shall register the employee and his dependants (a maximum of six (6) inclusive of spouse) with the Agency. The Agency shall register the employee and his registered dependants with a recognized Medical Institution where the Agency shall pay for medication.
ii. Where particular medical services such as Dental, Optical and other specialized treatment, are not available at the registered medical institution, the employee shall seek medication from an alternative medical institution. An employee shall claim expenses through receipts, and or invoices bearing the name of a registered person.
iii. The Agency shall bear the full cost of available treatment, including consultations, tests prescriptions and hospitalization of up to twenty-five percent (25%) of the employee's annual basic pay for treatment in Zambia only except in circumstances where the Medical Board recommends otherwise.
17.3 Working Tools
The Agency shall provide phones for official business communication at all toll stations and the Control Centre.
17.4 Staff Uniform, winter jackets and Protective clothing
The Agency shall provide staff uniforms and protoctive clothing as follows:
Reflective vests shall be provided every six (6) months; i.
ii. Winter jackets and uniforms shall be provided annually
17.5 Provision of Milk
The Agency shall provide a case of milk (24*500mls) every month to all NRFA employees and Police Officers based at Toll Stations and Weighbridges.
17.6 Memorandum of Understanding (MoU) for Loan Facilities
The Agency shall have MoUs for loan facilities with the following providers:
i. Commercial Banks
ii. Building Societies
iii. Micro-finance institutions
18 LOANS
18.1 Agency Loans
Subject to availability of funds, employees shall be entitled to Agency loans in-accordance with the approved Agency loan scheme.
The Agency shall set up a loan scheme in 2023. The scheme shall become operational in 2024 and will be administered by both Management and Unions.
The scheme loans will be applied and not limited to the following:
i. Staff lean
ii. Equitable mortgage
iii. Car loan
iv. Study loan
V. Household items loan
18.2 Salary Advances
An employee who has been confirmed in employment may be granted Salary Advance at the Employer's discretion, subject to availability of funds. The advance shall be interest free and up to a maximum of one month's basic salary and shall be recovered within three (3) months.
19 Long Service Bonus
The Agency shall pay an eligible employee 50% of one's basic salary on attainment of Ten (10) years of continuous service with the Agency.
20 INCENTIVES
20.1 Membership to Professional Bodies
The Agency shall pay annual subscriptions to two (2) professional bodies on behalf of an employee provided the employee, by virtue of his/her profession or occupation is obliged to belong by law to such professional bodies.
20.2 Staff Training and Development
i. The Agency is committed to providing its employees with opportunities to develop their knowledge, skills and attributes that lead to more effective job performance and encourage development and continuous learning.
ii. Conditions for sponsorship of employees for courses within and outside Zambia shall be guided by the NRFA Training Policy.
20.3 Identity Cards
Every employee is required to obtain and carry on his person at all times for the ease of identification, a fully authorized Agency Identity Card.
Entry to Agency premises and access to Agency facilities may be denied to the employee if he/she fails to produce the Agency identity card which shall bear the employee's portrait, NRC number, Agency number, Name and Signature or Thumb print and any other mark or logo deemed necessary by the Agency.
20.4 Life Assurance/Death in Service Benefit
If an employee dies while in service, his/her estate shall be paid cash benefit at the rate of three (3) times the employee's annual basic pay.
20.5 Personal Group Accident Scheme
The Agency shall take up a Personal Accident Insurance Policy with a reputable Insurance Company to cover all its employees in an event of death or disablement in an accident during the course of his/her duties.
20.6 Certificate of Service
A certificate of Service, stating the categories of employment and the period served in each category with the Agency, shall be provided to every employee on termination of service.
21 DISCIPLINARY CODE OF CONDUCT AND GRIEVANCE PROCEDURE
21.1 Provisions
All employees shall be subject to the Agency's Disciplinary Code of Conduct and Grievance Procedure. The Disciplinary Code of Conduct and Grievance Procedure is a framework of the rules and penalties that governs the behaviour of individuals in the organization. The Disciplinary Code of Conduct and Grievance Procedures developed on the premise that discipline must be seen to be both just and uniformly administered, to ensure that all individuals are treated in a fair and consistent manner.
21.2 Agency Policies
All Policies shall be applicable to all Agency employees.
21.3 Law and Currency
These Terms and Conditions of Employment and Service shall be governed in all respects by the laws of Zambia and the parties hereto shall submit to the jurisdiction of the Zambian Courts.
All sums payable under these Terms and Conditions of Service shall be payable in Zambian Kwacha in Zambia.
22 DEROGATION
REPUBLIC Nothing in these conditions shall be construed as being derogation of the Employment Gode Act, and or any other relevant statute. of the provisions of the Employment Code Act, and or any othe relevant statute.