COLLECTIVE AGREEMENT BETWEEN INVESTRUST BANK PLC AND THE ZAMBIA UNION OF FINANCIAL INSTITUTIONS AND ALLIED WORKERS (ZUFIAW)

JANUARY 2018 - DECEMBER 2019

THIS COLLECTIVE AGREEMENT is made this ........................... day of ......................... 2018
BETWEEN
INVESTRUST BANK PLC (Hereinafter referred to as the "Bank") of the one Part and THE ZAMBIA UNION OF FINANCIAL INSTITUTIONS AND ALLIED WORKERS representing employees eligible for representation by the Union in terms of item 3.1 of the scope of the MEMORANDUM OF RECOGNITION AGREEMENT signed on the 19th of January 1999 between the Bank and the Union (Hereinafter referred to as the "Union").

WHEREAS the parties have agreed and accepted the terms and conditions of service as stipulated in the MEMORANDUM OF RECOGNITION AGREEMENT.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1.0 INTERPRETATION

The interpretation of these conditions of service shall rest with the Management of the Bank and the Union.

2.0 DEFINITIONS

In this agreement, except where special definitions are given, the following words in these conditions of service shall have the meanings assigned to them as follows:

2.1 "Bank" means Investrust Bank Plc established in accordance with the Companies Act and Banking and Financial Services Act.

2.2 "Board" means the Board of Directors of the Bank;

2.3 "Basic Salary"means the basic salary/scale applicable to a particular employee's post exclusive of any allowance.

2.4 "Benefits" means any or such payments and/or privileges that may accrue to an employee during the course of employment.

2.5 "Contract" means a fixed contract of service as determined from time to time by management.

2.6 "Discharge" means termination of an employee's service With full accrued benefits.

2.7 "Employee" means any person employed by the Bank.

2.8 "Employer" means Investrust Bank Plc.

2.9 "Family" means the employee's family members who are registered with the Bank which include spouse, biological parents and children below 18 years who are not married. The maximum number of children will be 4 children.

2.10 "Management" means the Managing Director and Departmental Heads or other management employees of the Bank so appointed by the Managing Director.

2.11 "Managing Director" means the Chief Executive Officer of the Bank appointed by the Board Directors.

2.12 "Supervisor" means a superior who is directly in charge of a subordinate;

2.13 "Union" means Zambia Union of Financial Institutions and Allied Workers (ZUFIAW)

3.0 APPLICATION FOR A CHANGE OR AMENDMENT

3.1 It is agreed that if either party consider that any part of this Agreement should be changed or amended and if it is also considered that such a change is mutually beneficial and provided it is clearly seen to be a valid reason to recommend such a change or amendment to this Agreement, it should be undertaken in the following manner.

1. The Union or the Bank will indicate by letter its intention to discuss a change or amendment to the Collective Agreement.
   
2. The party requesting the change or amendment shall allow the other party fourteen (14) days to consider the request. The Bargaining Unit shall after fourteen (14) days, but not longer than 28 calendar days after the date of the original letter, agree to meet to discuss the change.
   

4.0 THE LIFE SPAN OF THIS COLLECTIVE AGREEMENT

4.1 Duration of this Collective Agreement shall be as follows:

4.2 The above conditions shall be enforced provided that:

1. After Six (6) months of the date of coming into effect of this Collective Agreement either party could call for a meeting to review salaries according to the prevailing economic conditions during the period.
   
2. At any time after 12 months of commencement of this Agreement either party will give to the other, Six (6) weeks' notice in writing of its desire for this Agreement to continue in force for a further period to be agreed upon, or of its intention to terminate the agreement or alter any clause therein.
   
3. In the event of emergency cases, both parties shall endeavour to meet as soon as possible but not later than 14 days.
   
4. The terms of this Agreement shall be in accordance with the prevailing labour legislation.
   
5. The provisions of this Agreement shall be valid only so long as the Recognition Agreement remains in force.
   
6. Pending the signing of a new Collective Agreement, the present Agreement shall continue to be in force.
   

5.0 RATES OF PAY

5.1.1 Mid-Month

An employee may on request draw 30% net of the monthly salary at mid-month as a salary advance without giving reasons. The advance shall be recovered at once in the same month.

6.0

6.2 Each employee shall break for lunch for one hour between 11:30 hours and 14:00 hours.

6.3 An employee who is required to work during lunch time or beyond 19:00 hours shall be entitled to a meal allowance of K60.00, in the year 2018 per day or the Bank shall make arrangements to cover the costs of dinner or lunch.

6.4 Employees who are requested to work from 19:00 hours to 20:00 hours shall be paid a transport allowance of K50.00, and beyond 20:00 hours an actual taxi fare shall be paid. In exceptional cases where an employee is disadvantaged due to locality of station where transport is a problem a taxi fare shall be paid from 19:00 hours.

7.0 TRAVEL OUTSIDE WORKSTATION

7.1 When an employee travels away from the normal station on authorised Bank business, and the Bank pays for reasonable accommodation and meals, the employee shall be entitled to an out-of-pocket allowance in the sum of K150.00 per night, or;

7.2 Where an employee elects to arrange his/ her own meals and accommodation, the Bank shall pay a subsistence allowance of K600.00 per night.

8.0 WORKSHOP/ SEMINAR ALLOWANCE

8.1 Where an employee is attending a Seminar or Workshop authorised and arranged for by the Bank or Zufiaw and' conducted away from the workplace on public holidays and weekends, the employee shall be paid an incidental allowance of K120.00 per day.

8.2 Where an employee is attending a Seminar or Workshop authorised and arranged for by the Bank or Zufiaw and conducted away from the Bank premises during working days, the employee shall be paid an incidental allowance of K85.00 per day.

8.3 Where an employee is attending training conducted on public holidays and/or Sundays within the Bank premises the employee shall be paid K85.00 per day

10.0 LEAVE AND ATTENDANT CONDITIONS

10.1 Annual Leave

1. An employee may be eligible to take annual leave upon the completion of One (1) year continuous service.
   
2. An employee intending to proceed on Annual Leave shall apply in writing prior to the intended date
   
3. All employees are encouraged to take leave annually. However, Management may, due to the exigencies of the service, require an employee to defer a request for Annual Leave to a later date to be afforded before the end of the year.
   
4. All employees in the unionised category will accrue 2.5 leave days per month upon engagement.
   
   
5. In calculating the number of Leave days to be taken, weekends and Gazetted Public holidays shall be excluded.
   
6. Leave Allowance, being the equivalent of 100% of one month's basic salary, will be paid once per calendar year to an employee who proceeds on Annual Leave of not less than 15 working days. This Leave Allowance shall be subject to PAYE.
   
   

10.2 Unpaid Leave

1. An employee who has served with the Bank for a continuous period of a minimum of three (3) years may apply for Unpaid Leave of up to a maximum period of One (1) year.
   
2. Approval of Unpaid Leave is solely subject to Management's discretion.
   

10.3 Local / Casual Leave

1. An employee may apply for paid Local/ Casual Leave for a period of days less than accrued Annual Leave.
   
2. Once approved, the number of days afforded to the employee as Local/ Casual Leave shall be deducted from the employee's accrued Leave days.
   
3. Approval of Local/ Casual Leave is solely subject to Management's discretion.
   

10.5 Compassionate Leave

1. Death
   In the event of the death of an employee's Spouse, Child (natural and adopted), or biological parent, the employee shall be entitled to
   Seven (7) days Compassionate Leave, PROVIDED that;
   
   1. the application is made in writing and supported by documentary proof of registration of such relations with the Bank.
      
   2. such leave days shall be exclusive of weekends and gazetted public holidays.
      
2. Nursing Compassionate Leave
   An employee may be granted leave for the purpose of nursing a sick child or spouse who has been hospitalised;
   PROVIDED the employee's application for Nursing Compassionate Leave is supported by a written recommendation from a Government approved Medical Doctor, registered with the Medical Council of Zambia, which states the need for the employee's presence.
   

10.6 Special Leave

Court appearance

(a) Special Paid Leave shall be granted to an employee who is required to attend Court proceedings as a State witness or any other matter relevant to the Bank's business.
(b) Such leave shall be for the number of days required as determined by the Court and shall not be deducted from the employee's accrued leave days.

10.7 Sick leave

Subject to the Provisions of the Employment Act Chapter 268 of the Laws of Zambia, an employee who has been confirmed in his/ her appointment, and according to the medical opinion of a Registered Physician or Medial. Practitioner, or Registered Traditional Healer, is unable to execute his/W » work by reason of ill health or an injury suffered by accident, not occasioned by the employee's default, shall on production of a Medical Certificate signed by a Government approved Medical Practitioner or Registered Traditional Healer, be granted sick leave as follows;

at full pay during the first three months; and

thereafter, at half pay for the next three months.

Notwithstanding the above, if an employee does not recover from illness or accident after six months from the date of illness or accident, the employer may, on the recommendation of a registered medical doctor or health facility designated by the employer, discharge the employee and the entitlement to sick leave shall cease.

The provisions of the Workers Compensation Act shall be applied where the illness or injury arises from an accident occasioned at work (i.e. industrial accident).


Where the employer has an insurance policy, the policy provision on accidents and occupational diseases shall apply.

If an employee absents himself from work for more than Two (2) days on account of sickness he shall be regarded as absent unless he obtained a medical certificate from a Registered Medical Practitioner or Registered Traditional Healer.

10.8

10.10 Mother's Day

A female employee shall be entitled to One (1) day's absence from work in each calendar month without being subjected to any question regarding her absence. Provided that for the convenience of workflow, prior notification of such intended absence may be given to the immediate supervisor of the employee proceeding on such leave.

These items will be provided once per annum consistent with the employee's duties and will only be given to an employee who has been confirmed in his or her appointment.

16.0 ACTING ALLOWANCE

16.1 Acting Allowance shall be applicable where an employee who is required to act in a position higher than his/her substantive post for a period of not less than 15 working days.

16.2 In such cases the employee shall be informed of the appointment in writing.

16.3 The acting allowance shall be calculated at the higher of 15% of the acting employee's basic salary or the actual difference between the acting employee's basic salary and the entry point in the grade in which one is acting.

16.4 No employee will be required to act continuously for a period exceeding 6 months if such an appointment is subject to confirmation. At the expiration of that period he/she may if his/her performance/conduct prove satisfactory, be made substantive in the position.

PROVIDED THAT an appointment in an acting capacity shall be effected for administrative convenience in some positions without necessarily leading to confirmation in that position.

17.0 RESPONSIBILITY ALLOWANCE

17.1 Where an employee has been requested to discharge additional responsibilities of a position equivalent to his/ her substantive position for a period of not less than 15 working days the employee shall receive an additional responsibility allowance calculated at the rate of 15% of his/her current basic salary, In such cases the employee shall be informed of the appointment in writing.

18.0 DISTURBANCE ALLOWANCE

An employee who is permanently transferred to another station or branch outside the town of his/her present place of work on management's instructions, shall be entitled to a one off disturbance allowance at the rate of 100% of the employee's monthly basic salary. In addition the Bank will pay a subsistence allowance of K400.00 per day up to a maximum of 30 days.

20.0 STAFF LOANS

Unionised staff shall be provided with loan facilities as covered in the Bank's Staff Lending Policy.

21.0 TERMINATION AND RETIREMENT

The Bank shall not terminate the service of an employee on grounds related to the performance or conduct without affording the employee the opportunity to be heard on charges laid against him/her.

21.2 Termination by discharge, dismissal or resignation

In the event of termination of a confirmed employee by discharge, dismissal or resignation, an employee shall be entitled to;

1. a cash payment in lieu of accrued leave days.
   
2. a refund of the employee's and employer's pension contributions from Pension provider which is engaged by the Bank.
   The following notice periods shall apply for the various forms of termination:
   
   

   SN	MODE OF TERMINATION	NOTICE DAYS
   1	Retirement (Normal)	30 days-
   2	Medical discharge	30 days
   3	Resignation	30 days
   4	Dismissal	Not applicable
   5	Redundancy	30days

21.3 Retirement on Medical discharge

21.4 Death in service

In the event of the death of an employee in service, benefits to the employee shall be paid to include the Group Life Assurance policy that in place at the time of the employee's demise.
Retirement

2. Early Retirement

1. An Employee upon attaining the age of 55 years may apply for early retirement from the service of the Bank.
   
2. An employee who has served the Bank for 10 years or more and has not attained the age of 60 years may apply for early retirement from service.
   
3. Acceptance of the employee's request for early retirement is solely at management's discretion.
   
4. An employee entitled to early retirement shall be paid;
   
   1. Cash in lieu of accrued leave days.
      
   2. Pension benefits in accordance with the Bank's prevailing Private Pension Scheme rules in existence at the time of retirement.
      
   3. The sum of K6 000.00 being a Repatriation Allowance regardless of place of recruitment or place of settlement.

IN WITNESS WHEREOF, each party to this agreement has caused it to be executed at Lusaka on this 11th day of May 2018.