EFFECTIVE 1ST JANUARY, 2023

PART ONE

GENERAL BASIS OF AGREEMENT

PREAMBLE

This Agreement on salaries, wages and minimum conditions of service made this 6th day of February, 2023 between the BENSO OIL PALM PLANTATION (BOPP) PLC OF GHANA EMPLOYERS' ASSOCIATION (GEA) AND THE GENERAL AGRICULTURAL WORKERS UNION (GAWU) OF GHANA TRADE UNION CONGRESS (TUC) officially certified under the Labour Act 2003 (Act 651) (hereinafter referred to as the UNION), as the negotiating body, provides for the terms and conditions of employment and non-employment and the conditions of labour which shall apply to all employees of the said COMPANY for whom the Union has been certified to negotiate as set out in Appendix 'A’ of the agreement

ARTICLE 1

OBJECTIVE & SCOPE OF AGREEMENT

(a). Objective

The parties to this Agreement, bearing the common responsibility for the successful operation of the COMPANY agree to do all within their power to promote stability of employment and productivity by ensuring practically harmonious and peaceful industrial relations to the mutual benefit of both the Employer and the Employees.

(b). Scope

This Agreement shall apply to all employees below the rank of Supervisor and its analogous grades. All such Employees shall become and remain members of the Union in good standing.

(c). Exemption

Employees whose status exempt them from the coverage of this Agreement shall not be subjected to any conditions less favourable than the provisions of this Agreement

ARTICLE II

INTERPRETATIONS OF AGREEMENT

If the interpretation of any part of this Agreement is disputed and agreement cannot be reached by the Standing Negotiating Committee, the item in dispute shall be dealt with by an Arbitration voluntarily set up by both parties. If after reference to voluntray Arbitration agreement can still not be reached, the dispute shall be dealt with in accordance with the provisions of the Labour Act 2003 (Act 651) or any other enactment thereafter.

ARTICLE III

RECOGNITION OF UNION

The COMPANY recognizes the General Agricultural Workers Onion of TUC (Ghana) as the sole representative Trade for the purpose of contracting agreement in matters of salaries, wages, conditions of employment and non- employment and all other fringe benefits for all Employees of the COMPANY referred to in Article 1 (b) above.

ARTICLE IV

DEFINITIONS

For the purpose of and throughout this Agreement, the terms:

(a). “EMPLOYER” shall be used in the Agreement to mean “BENSO OIL PALM PLANTATION PLC .” “GRADED STAFF" Shall apply to all Employees covered by this Agreement who are on permanent establishment of the COMPANY and whose basic pay is expressed as an amount per annum.

(b). “PLANTATION WORKER” Shall apply to any other worker engaged on direct general operations.

(c). “EMPLOYEES" Shall apply to all employees for whom the Union is empowered to negotiate.

(d). “SALARIES/WAGES” means substantive consolidated basic pay and does not include acting or any other form of allowances not consolidated.

(e). “WORKING DAY” Shall exclude Saturday, Sunday, Statutory Public Holiday and Rest Day.

(f). “CASUAL WORKER” Shall mean any person employed to work for a period not more than three (3) continuous months. However, such a period of casual employment shall not exceed six (6) months in cases of specific projects

(g). “A DAILY RATED EMPLOYEE” Is the one whose monthly basic pay is calculated on the basis of twenty- seven (27) working days.

(h). Reference in this Agreement to the Masculine Gender shall apply to the Feminine Gender, except where the Feminine Gender is so specified.

(i). “HAZARD” having the nature and capability of impairing on Employees’ health by cumulative effect.

(j). “BOPP OPERATIONAL AREA” Regardless of the distance, operational area is defined as where BOPP business is permanently established and requires employees to work there.

(k). “LIGHT DUTY” Work that is physically or mentally less demanding than normal job duties. It shall be work offered by the Employer within medical restrictions to be performed while recovering.

ARTICLE V

PERIOD OF VALIDITY

(a).

i. This Agreement shall come into force and operate from January 1, 2023 and remain in force for a period not less than 3 years from that date.

II. any time after two (2) years and ten (10) months of the life of this Agreement, either party to this Agreement may give the other one (1) month notice in writing, expressing its wish for this Agreement to remain in force for another period to be agreed upon between the two (2) parties of the time or its intention to terminate the Agreement.

In the latter event, both parties will enter into negotiations on the terms and conditions of a new Agreement but until a new Agreement is signed, the present Agreement shall remain in force.

b) Wage Re-Opening

i. Any time after one (1) year from the date of the commencement of this Agreement, and twice only during the life of the Agreement, either party may give to the other, notice that it wishes to negotiate a change in the rate of basic wages and/or salanes contained in the Appendix "A" to this Agreement, but until new negotiated rates are agreed upon, the rates specified in the Appendix shall remain in force.

ii. Notwithstanding the provision of the above conditions, if any statutory Regulations affecting the implementation of this Agreement are enacted during its life, the parties will meet and on agreement, incorporate them into the Agreement.

ARTICLE VI

UNION SHOP

Since the Union represents and the Agreement covers all the Employees of the GROUP as defined in Article 1 (b) of this Agreement, it is recognized that they shall all participate in democratic decision making of the Union and contribute their share to the cost of such representation. It is therefore agreed that:

(a). Every Employee covered by this Agreement shall become and remain a member of the Union.

(b). For newly engaged Employees, this clause shall not become effective until they have been in employment of the EMPLOYER for one (1) month.

(c). Shop Stewards duly nominated at the divisional level by workers shall be recognized as the representatives of the Union at the Division/ Department. All Union matters shall be referred to them accordingly at their Division/ Department.

ARTICLE VII

CHECK OFF

(a). Each month, the EMPLOYER shall deduct 2% from the pay packet of each Union member as an amount for the Union’s regular monthly due’s.

(b). The Union dues so deducted shall be remitted along with the number of Employees’ from whose pay the deductions were made in the proportion stipulated by the National Union to:

i. The Trade Union Congress - 15%

ii. The National Secretariat of General Agricultural Workers’ Union - 65%

iii. The Local Union - 17.5%

iv. The Regional Secretariat of GAWU of TUC - 2.5%

PART II

ENTERING THE SERVICE OF THE COMPANY

ARTICLE VIII

ENGAGEMENT AND PROBATIONARY PERIOD

(a). Every Employee shall be informed in writing at the time of his/her engagement of the following:

i.Grade

ii.Initial pay or salary

iii.Whether temporary, on probation or otherwise

Every worker covered by this agreement shall be given a copy of the agreement, a copy shall also be displaced at each place the Employer employs labour.

(d). Every new Employee other than temporary, seasonal or casual may on engagement undergo a period of probation which may vary according to the nature of the job but shall not normally exceed six (6) months.

(e). Unless informed in writing to the contrary, the reasons for which must be given and copied to the Union, an Employee who has completed his/ her probation will be deemed to have been confirmed in his/her appointment.

(f). The EMPLOYER may extend or reduce the period of probation in each individual case subject to section (c) and (d) above.

ARTICLE IX

CHILD AND FORCED LABOUR

The employer shall be committed to the prevention of child labour and forced labour within the Company and shall in conjunction with the Union take necessary action to ensure that the child and forced labour are absent from the Company.

ARTICLE X

INDIVIDUAL CONTRACT

No Employee covered by this Agreement shall be compelled or allowed to enter into any contract or agreement with the COMPANY covering the condition of employment, wages and salaries as dealt with in this Agreement or shall be allowed to be bonded in any sum to any party without prior discussion with the Union.

ARTICLE XI

ANNUAL INCREMENT

(a). When an Employee is required to perform work which carries an incremental scale, he will receive an increment annually unless he has received notice of increment being withheld on established ground of unsatisfactory work or conduct.

(b). An Employee may be awarded more than one (1) increment at the discretion of the EMPLOYER

(c). All incremental adjustments shall be at the beginning of the incremental year, which shall be 1st January of every calendar year. At any rate, however, any new Employee who assumes duty on first appointment nine (9) months prior to the incremental date shall be eligible for increment.

(d). Should an increment not be awarded for certain reasons, the case will be reviewed at the end of the third (3rd) month.

(e). When an employee has remained at the top of his/her salary scale for one (1) year, he/she shall be paid gratuity of 25% of his/her monthly salary each year provided the Employee has not been advised in writing two (2) months before the end of the salary year that his/her increment has been withheld because of unsatisfactory conduct.

ARTICLE XII

PROMOTIONS

(a). Promotions to higher grades shall be by merit tempered with seniority where merit is equal.

(b). Where vacancies exist, the EMPLOYER shall give first consideration to suitable candidates chosen from its serving Employees.

(c). In the event of new position being created within the establishment, such positions will be first advertised internally for qualified serving Employees to apply.

PART III

WORKING RULES OF THE SERVICE

ARTICLE XIII

WORKING HOURS

(a). The standard hours of work for basic pay shall not exceed forty (40) hours a week. Task work shall be defined by an assigned daily task.

(b). The actual hours of work shall be decided by the EMPLOYER in accordance with the requirements of the work performed and in agreement with the Local Union, but no Employee shall be required to work continuously for more than five (5) hours without a recognized rest which shall form part of the working hours, provided the rest period is not more than thirty (30) minutes.

(c). Any wage system based on a piece of work will be a subject matter of agreement between the EMPLOYER and the UNION.

Employees who have their off-days on a public holiday shall be entitled to take the following day as an off-day.

ARTICLE XIV

OVERTIME

(a). Overtime work is work on which the Employee is engaged at the request of the EMPLOYER over and above the standard working hours.

(b). All Employees are expected to work a reasonable overtime unless they put forward any good and valid reasons for not doing so, which in a case of dispute, shall be decided between the EMPLOYER and the UNION.

(c). All Employees, who are requested to work overtime, shall be paid according to the following rates:

(i). Monday - Friday - 1^1/2 (time and a half)

(ii). Saturday, Sunday /Rest Day, Public holidays - 2 (double time)

(c). Essential Services:

For the purpose of keeping the Plantation working in full capacity, workers engaged in essential services include workers at the Security, Clinic, Clubhouse, Water and Electricity, agree to work on Saturdays, Sundays, Rest Days and Holidays as and when required. Such workers shall enjoy double time for work done on such days.

(d). In calculating overtime pay, fraction of a Cedi be counted as a Cedi. However, the hourly rate shall be calculated to a hundredth of Ghana Cedi and the nearest half of production time.

ARTICLE XV

DISCIPLINE

(a). Summary Dismissal

The grounds for summary dismissal include:

(i). Proven misconduct such as dishonesty, bribery, stealing, fraud, gross insubordination, drunkenness at work, fighting, sleeping on duty, sexual harassment, abuse or willful disregard for safety, Health and Environment Procedure.

(ii). Committing deliberate act likely to cause danger to the lives or safety of other Employees

(iii). Smoking in a prohibited area, causing damage deliberately to machinery or property of the EMPLOYER or any serious act that brings the EMPLOYER'S image into disrepute, may rank as gross misconduct

(d). Written Warning

(i). When the conduct of an Employee becomes unsatisfactory, a written warning may be given two (2) written warnings followed by a further offence within twelve (12) consecutive months may result in the termination of the Employee’s appointment.

(ii). When an offence has been committed which warrants a summary dismissal, but where the EMPLOYER for certain reasons does not want to exercise its prerogative of dismissal, “First and Last” or “Second and Last” warning letter may be issued, and where this is done, the fact that the warning is a final one will be made clear in the letter.

(iii). After twelve (12) months of good conduct from the date of the last letter of warning, all warning letters previously registered on the Employee’s service record shall automatically by nullified.

(iv). The Employee will have the opportunity to read or have read to him the letter in the presence of the Union Representative.

(c). Interdiction

(i). In the event of an Employee appearing to have committed an offence requiring investigation, the Employee shall be interdicted on two- thirds (2/3rds) pay pending the outcome of the investigation. The Union shall be duly informed of such interdiction. If after the investigation the Employee is absolved of the charges, he/ she shall be recalled and in addition paid in full for the period of his/her interdiction.

(ii). Suspension without pay

For other offences not of high magnitude to justify termination of the Employee, he/she may be suspended from work without pay for not more than six (6) days.

(d). Legal Counsel for Employees

(i). The Employer shall provide legal counsel for an employee who in the cause of his/her official duties: and acting within the powers and authority conferred on him/her by the Employer without negligence on him/her part gets into conflict with the law.

(ii). However, the Employer should do all within his power to ensure that workers do not come in conflict with the law but when it happens, Management shall assist with the bail process.

(e). Absence from Work

No Employee shall be absent from work on any day of the working week without prior permission of his immediate officer. Any such absence without reasonable cause for five (5) consecutive working days or seven (7) cumulative working days in a month shall be deemed as vacation of post by the worker and the Employer has full right to replace or appoint a new person.

(f). Letters on Disciplinary Measures

Letters on disciplinary measures shall be copied to the Local Secretary of the Union.

(g). Rules and Regulations

The Employer shall provide the Union with copies of its non-confidential administrative financial directives issued to general Employees from time to time.

ARTICLE XVI

TRANSFER

(a). All Employees shall accept transfer and shall serve the EMPLOYER anywhere in Ghana.

(b). Permanent Transfer: Permanent transfer shall be a transfer intended to exceed three (3) months and as far as possible transfer shall be so arranged to coincide with the school year. However, the Employer shall offer assistance in securing accommodation in the form of rent advance. Loan limit shall be left at the Employers discretion to allow for flexibility due to differences in location.

(c). The Employer shall give at least one (1) clear month notice where possible to the Employee it wishes to transfer permanently.

(d). Employees wo are transferred and are not provided with the Employer’s transport shall travel at the expense of the Employer.

(e). The Employer shall pay the cost of transportation of the Employee’s dependants and belongings.

(f). Temporary Transfer

i. Employees who are temporarily transferred shall be provided with transport or travelling costs refunded and provided with accommodation at the new station.

ii. An Employee who is on temporary transfer and is housed by the Employer shall be entitled to all his/ her allowances other than the portion allocated for accommodation.

iii. An Employee who is on temporary transfer and is housed by the Employer shall be entitled to the normal rate of his/ her appropriate allowance.

ARTICLE XVII

LEAVE GENERAL

(a). Paid Annual Leave

i. The Employer shall prepare a full leave roster annually showing date to proceed on leave and number of days for each Employee. This roster shall be displaced on Notice Boards

ii. Paid Annual leave is earned by the Employees only after twelve months of continuous service with the Employer. Under exceptional circumstances, and at a discretion of the Employer, an Employee may be granted full or proportionate leave.

iii. An Employee may be required to reschedule his/ her leave due to Company/ business exigencies.

iv. Paid annual leave shall normally be taken consecutively except where exigencies of the work demand, and the Employer requires the Employee’s period of leave in which case extra leave days equal to the number of days spent shall be granted.

v. Under normal circumstances, the Employer shall give at least two (2) weeks’ notice of its intention to request an Employee to defer his/ her leave.

vi. Where one or more Statutory Public Holiday(s) occur during an Employee’s period of leave, extra leave days equal to the number of such holidays shall be granted.

vii. No Employee shall forfeit his/her leave.

viii. Annual Leave days shall be granted as follows:

•Below 10 Years - 21 Working days

•Above 10 Years - 25 Working days.

ix. Employees proceeding on leave shall be paid 100% of basic monthly salary as leave allowance.

x. Travelling days not exceeding four (4) days may be granted on application normally to Employees travelling to the Northern sector, Brong Ahafo and the Oti Region which is part of Volta Region respectively.

xi. On leaving the service on grounds other than summary dismissal, the Employee shall be granted earned leave not taken or payment in lieu thereof in proportion to the number of months served after spending his/her last leave, or after engagement in the case of newly engaged Employees.

xii. An Employee may be requested to interrupt his/ her leave due to exigency of his/her work However, he/ she shall be allowed to take the remaining leave days immediately after the completion of the assignment. At any rate however, the Employer shall bear all expenses incurred as a result of the interruption and in addition pay 6% of monthly basic salary as Recall Allowance.

(b). Sick Leave with Pay

(Non Occupational Accident and Sickness)

i.Sick leave with pay shall be granted to an Employee only for days absent due to ill health or injury and upon a certificate signed by a registered medical practitioner appointed by the Employer except in cases of emergency, a registered medical practitioner recognized by the Employee shall be accepted. Failure to produce a medical certificate within three (3) days after reporting to duty shall be treated as absence without permission.

ii. Sick leave with pay shall be granted in any one period of nine (9) months as follows:

 

iii. If after all these reports the designated medical doctor is of the opinion that further medical care will not benefit the employee, the medical doctor will submit comprehensive report to Management to take a decision in consultation with the Local Union.

vi. If an Employee is prevented by ill health duly ceritfied by a registered medical practitioner from returning to duty at the end of his/her leave he/she shall be regarded as absent on sick leave from the expiry date of his/her annual leave. In this case, the Employer must be notified within four (4) working days following the end of the leave.

(e). Casual/ Compassionate Leave

The Employer may grant a maximum of ten (10) days Casual/Compassionate Leave with pay within the Calendar year to Employees to attend personal affairs such as bereavement of close relations, Employee’s own marriage ceremony and health needs of registered dependant(s).

(d). Maternily Leave

i. period of Absence

The period of absence on Maternity Leave shall be covered by section 57 of the Labour Act 2003 (Act 651) and any other subsequent enactment which provides it.

ii. A female Employee, on production of medical certificate issued by medical officer or a midwife indication the expected date of her confinement, is entitled to a period of maternity leave of at least twelve (12) weeks in additions to any period of annual leave she is entitled after her period of confinement

iii. An Employer shall not terminate by any means employment of a woman worker because of her absence from work on maternity leave.

iv. A female Employee on maternity leave is entitled to be paid her full pay and other benefits.

v. The period of maternity leave may be extended for at least two (2) additional weeks where confinement is abnormal or where in the course of the same period two (2) or more babies are born.

(e). Nursing Mother

On assumption of work after maternity leave, the employee (nursing mother) shall be entitled to two (2) hours a day off duty up to the baby’s ninth (9th) month.

The timing to take these hours must be agreed with her immediate Line Manager. An extension beyond two (2) hours shall be at the discretion of the employer in consultation with the Union.

Interruptions of work by a nursing mother for the purpose of nursing her baby shall be treated as working hours and paid accordingly.

(e). Paternity Leave

i.Paternity leave shall be granted to a male worker upon producing birth certificate for his biological child with the Company registered wife.

ii.The male Employee shall be entitled to ten (10) working days as leave within the first six (6) months after wife giving birth.

(f) Day Care Centre

The Employer shall endeavor to establish a Day Care Centre at its major station of operation for the benefit of nursing mothers.

ARTICLE XVIII

STATUTORY PUBLIC HOLIDAYS

Statutory Public Holidays shall be enjoyed with full pay by all Employees covered by this Agreement in accordance with Section 72 and 77 of the Labour Act, 2003 (Act 651).

ARTICLE XIX

WORKMEN'S COMPENSATION

(a). The Employer shall be responsible for the treatment of Employees involved in accidents arising out of and in the course of their employment in accordance with the Workmen's Compensation Law 1987.

(b). In the event that an Employee dies as a result of the accident arising out of and in the course of his/ her employment, the deceased's child upon gaining admission to a Government approved Senior Secondary School or Tertiary Institution, shall quality to apply for BOPP Scholarship or its successor Scholarship and the normal rules governing the scholarship shall apply.

ARTICLE XX

MEDICAL FACILITIES

(a). Treatment of Employees

The Company provides clinic facilities in all its principal locations. It is the Company Policy to encourage attendance at NHIS accredited clinics. Exceptions may be considered during the treatment period but should be cleared with the Company Medical Officer.

(b). Periodic Medical Examination/ Health Checks

i.The Employer in consultation with the Medical Officer and the Union shall indicate areas of employment where Employees shall undergo periodic medical check-up.

ii.Generally, it is in the interest of Employees to know the state of their health. Employees are therefore encouraged to undertake regular medical examinations every other yean in this respect the Company will make its resources available to the Employees. However, where the Company has good reasons to require medical examination within the two-vear period in respect of a particular Employee shall be required to undergo such examination.

iii. The Company shall provide for employees such free medical and dental care in Ghana as the Company's approved Medical Officer may recommend, excluding cosmetic dental and infertility treatment that are not covered by the NHIS.

(c). Optical Care

Eye Care as well as lenses will be provided, however, frames will have a cap of Five Hundred Ghana Cedis (GHS 500.00)

(d). Treatment of Employee's Dependent

1)One (1) registered spouse and seven (7) children under age of eighteen (18), or up to twenty-four (24) years who are in full time education or recognized institution of apprenticeship, not married nor working, and registered with the Company within the GROUP shall enjoy free medical facilities as the expenses of the Company within the Group at the Medical Centre to which he/she is directed.

a For those entering the Company after July 1, 1992 medical coverage will be for one (1) registered spouse and four (4) registered biological children.

(e). In cases of emergency outside working hours or during holidays, the EMPLOYER shall hear the cost of medical treatment of an employee on presentation of a genuine medical certificate.

(f). Maternity

The Employer will bear the cost of routine antenatal clinics for pregnant employees. Cost of confinement in any recognized public hospital will be borne by the Employer.

(g). Traditional Healing

An Employee may be permitted to seek treatment for cost refunded by his/her Employer if a registered medical specialist or consultant within the relevant field certifies to that effect.

(h). The Employer shall endeavor to have a Resident Medical Officer or a Nursing Officer to run the Clinic.

(i). The Employer shall undertake medical examination on a retiring Employee within twenty-four (24) months in consultation with the Local Union prior to his/her retirement.

ARTICLE XXI

HOUSING & TRANSPORT FACILITIES

(a). The Employer shall endeavor to provide its Employees with accommodation at a close proximity to the place of work but where such accommodation is not available, the Employer shall endeavor to provide transportation for its employees to and from the place of work.

(b). Rent Subsidy

An Employee who is not housed by the Employer shall be paid 15% of his/her monthly basic salary per month as rent subsidy.

(c). Subsidized Electricity

Employees staying in Company room(s) shall pay subsidized monthly electricity bills. The rate shall be renewed as and when necessary.

(d). Daily Transport Allowance

The Employer shall provide transport for all Employees staying outside the Plantation.

ARTICLE XXII

SUPPLY OF TOOLS

The Employer shall be responsible for the supply of its Employees with working tools including machetes, etc. and that at all times these tools shall remain the property of the Employer. In the event of an Employee losing any tool supplied by the Employer, the Employee shall be responsible for the payment of the replacement value of the tool.

ARTICLE XXIII

SAFETY, HEALTH, ENVIRONMENT & QUALITY (SHEQ)

(a). It is the responsibility of the Employer to ensure a safe and healthy working environment, the details of which are enshrined in the Company’s Safety, Health, Environment and Quality (SHEQ) Policy.

(b). The Employer shall provide adequate protective clothing to certain categories of Employees whose nature of work calls for protection of the body as and when necessary and at the discretion of the Employer in consultation with the Health and Safety Committee.

ARTICLE XXIV

INSERVICE TRAINING/RECREATION

(a). The Employer undertakes, as far as possible, to ensure that training facilities exist and are used to enable Employees holding posts in the establishment to undergo such training as may be necessary for the performance of the duties of their post and to enable them to qualify for advancement to higher grades.

(b). Where an Employee is being trained for promotion, he/ she shall be acquainted with the period of such training. He/she shall also be informed of the post to which he/ she may be confirmed or promoted if he/she successfully completes his/her training.

(c). Employees who pursue suitable courses approved by the Employer and relevant to their duties shall apply and be granted refund of tuition and examination fees involved at the successful completion of the course.

(d). Study Leave

i.The Employer shall consider application from a deserving Employee who has done not less than three (3) years of service with the Employer for study leave with pay to help him/ her acquire additional relevant qualification and/or experience.

ii.Employees granted such study leave shall be bonded to serve the Employer after their course for five (5) years: failing which appropriate sanctions shall apply.

iii. The Employer shall endeavor to provide useful reading materials such as magazines, etc. for the benefit of the Employees to broaden their general outlook.

iv. The Employer shall endeavor to provide relevant current information like newspapers, magazines, journals and radio set would be available at the Union Office

v. The Employer shall encourage the development of organized recreational activities, provide facilities and maintain equipment for the purpose and the benefit of its Employees.

vi. The Employer shall institute an educational grant in the form of scholarship to benefit the children of Employees who excel and gain admission into Senior High School or Technical Schools every year.

vii. There shall be a scholarship Board composed of Management and the Union to determine the eligibility of such a child.

ARTICLE XXV

INCENTIVE/ BONUS SCHEME

(a). Productivity-based incentive bonus scheme determined by the Employer and the Union based on individual and or collective achievement may be established.

(b). An annual productivity-based bonus shall be established based on 70% of monthly basic salary on the achievement of the following targets weighted as follows:

 

(a). In addition to (b) above, a 60% of monthly basic salary shall be paid across board to all Employees who have done more than 6 months service as at December 31.

(b). Scheme targets selected above shall be subject to review to reflect Company needs at any point in time.

ARTICLE XXVI

EQUAL PAY FOR EQUAL WORK

The Employer shall recognize the principle of equal pay for equal work irrespective of gender.

ARTICLE XXVII

PAY DAY/SALARY ADVANCE AND LOANS

(a). Wages and Salaries of Employees shall be paid not later than the first five working days of the following month.

(b). Salary Advance

i.An Employee proceeding on annual leave or transfer may be granted, on application, salary advance not exceeding one (1) month basic salary. The recovery of such an advance shall be at the following month or additional month’s time at the discretion of the Employer.

ii.Mid-month Salary Advance

In the event of financial difficulty, mid-month salary advance may be given on application subject to availability of funds. The recovery of such loan shall be done in full not later than the first five working days of the following month.

(c). Advance for the Purchase of Means of Transport

i.An Employee holding a post certified as requiring specific means of transport for the efficient discharge of his duty shall be granted an advance adequate for the purchase of a motor cycle or bicycle.

ii.The advance so granted shall cover the actual cost of the Motor cycle or Bicycle, license and the cost of Comprehensive Insurance Policy for one full year.

iii.The repayment of such loans shall be equal monthly instalments up to six (6) years.

iv.No Employee shall apply for a subsequent advance for the purchase of a means of transport until his previous advance has fully been paid.

v.Such transport purchased with official loans, shall by Deed be assigned to the Employer until such time that the cost is fully paid,

vi.Loans to cover licenses and insurance may be granted to Employees with means of transport. Such loans shall be recoverable over a period of not more than twelve (12) months.

vii.The Employer shall in pursuance of consumer credit facilitate provided by the Commercial Bank, register for the benefit of its confirmed Employees under the Bank’s Loan Scheme for the purchase of Household Durable Items which in the opinion of the Employer constitutes household durable items.

(d). Employee Housing Scheme

i.The Company shall facilitate Housing Loan Scheme with a Financial Institution for the Employee to put up affordable housing unit towards their retirement. Management in consultation with the Union shall develop guidelines for the implementation of the scheme.

ii An Employee in an unavoidable financial difficulty such as loss of immediate parent or disaster arising from acts of nature, shall be granted special loan the rate of which will be determined by the Employer. Such loans shall be recovered by twelve (12) months installments.

111.An Employee faced with serious financial difficulty may be granted loan of one (1) month basic salary to be paid within six (6) months.

ARTICLE XXVIII

ALLOWANCES GENERAL

(a). Acting Allowance

i.Acting allowance shall be paid to an Employee who performs satisfactorily, the duties of the post in which he/she is acting for not less than four (4 ) consecutive/cumulative weeks.

ii.Acting allowance shall be the difference between the individual s monthly basic salary and the minimum point of the scale of the substantive holder of the post in which he/she is acting.

iii.An Employee who acts in a position outside the Collective Agreement shall be paid 50% of his/her salary for the period that he/ she acts.

(b). Tools Allowance

Artisans who possess their own set of tools for official use continuously shall be entitled to Tools Allowance of GHȼ 20.00 per duty day. However, they must ensure that standardized set of tools are maintained.

(c). Transfer Inconvenience Allowance

i.Employees who proceed on permanent transfer at the instance of the Employer shall be entitled to three (3) months basic salary.

ii.Employee who proceeds on transfer to a new location within the Estate or vice versa which required vacation of his/ her current residence to a new place of residence with his/her family shall be entitled to 50% of one-month basic salary.

(d). Out of Station (Night Allowance)

i.An Employee who spend a night outside his/her normal place of work shall be permitted to stay in an approved Guest House/ Hotel. The Employer shall bear accommodation expenses and in addition pay 10% of his or her monthly basic pay as night allowance per night.

An employee who does not stay is a hotel/ guest house shall be entitled to an approved night allowance of 13% of his monthly basic pay in lieu of hotes/ guest accomodation expenses.

ii.Out of Station (Day Trip Allowance)

An Employee assigned official duties which involves travelling outside his/her normal work place and returns after lunch period shall be entitled to Day Trip Allowance at the rate of 60% of his/her basic daily wage.

iii.Out of Station (Outside Ghana)

An employee required to travel to another location outside Ghana on duty will be re-imbursed the transport cost of accommodation and meals at a hotel plus a daily allowance of $10.00 to cover incidentals.

iv Out-of-station (Local) -Training

An employee who spend a night outside his or her normal workplace for a training, shall be provided with an accomodation or permitted to stay in an approved Guest House/ Hotel. Where the employee finds his or her own accomodation, the employer shall pay GHȼ 200.00 per night.

Where breakfast, lunch and dinner are not provided, the employer shall pay as follows;

Breakfast - GHȼ 40.00

Lunch - GHȼ 40.00

Dinner - GHȼ 40.00

Out of station allowances shall not be paid to employees in this category (iv).

(e). Transport Maintenance & Kilometric Allowance

1.Transport Maintenance and Kilometric Allowance hall be paid to an Employee who uses his/ her own means of transport at the request of the Company within the GROUP for the performance of his/her official duties at the following rates:

a.Motor Cycle - GHȼ 150.00 flat per month or kilometric allowance whichever is higher.

b.Bicycle - GHȼ 50.00 per month

Maintenance allowance shall cease forthwith if the vehicle is off the road for a period of more than:

One (1) week - bicycle

One (1) month - motor bicycle

(f). Travelling & Transport Expenses

Transport expenses incurred by an Employee who travels on duty by means of a public transport shall be re-imbursed at current rates.

(g). Call-In Allowance

An Employee called for duty outside his normal working hours shall be paid 30% of basic daily wage per call and extra hours worked at overtime rate.

(h). Frustrated Work

i.Where an Employee, other than a casual, repon for duty on his normal shift but is ordered to go home by the Employer due to no fault ot the Employee, he/she shall be entitled to a full day’s pay.

ii. When an employee reports for duty on Public Holidays and Week-ends but is ordered to go home by the Employer due to no fault of the Employee, he/she shall be entitled to a minimum of eight (8) hours overtime or the actual hours spent before the order.

(c). Heat/ Height Allowance

i.An Employee whose nature of work exposes him to excessive heat shall be paid compensation allowance of 12% of his/her daily basic wage per duty day.

ii.An Employee working consistently at height of forty-two (42) feet and above shall be paid a height allowance of 12% of his/her daily basic wage per duty day.

(c). Night Shift Allow ance

Employees who work a complete shift of eight (8) hours starting from l0.p.m. shall be entitled to night allowance of 20% of his/her daily basic wage per such shift.

ARTICLE XXIX

LEAVING THE SERVICE OF THE EMPLOYER

The modes by which an Employee may leave the service of the Employer are as follows:

a.By termination of appointment or summary dismissal

b.On reaching the superannuation age

c.On being declared redundant

d.On resignation of appointment

e.Retirement on medical grounds

f.By statutory order

g.Upon incidence of death

h.At the request of the State to take up public post

i.When Employer ceases to operate but not when an Employee remains in employment and the terms and conditions are the same.

ARTICLE XXX

RESIGNATION AND TERMINATION OF APPOINTMENT

(a). Notice

In the event of resignation or termination of appointment on grounds other than summary dismissal, an Employee shall give notice and reasons of resignation or be given notice and reasons of termination of service as indicated below:

i.Less than three (3) years’ sen ice - Two (2) weeks' notice or payment tn lieu thereof.

ii.Three (3) years and above sen ice - One (1) month notice or payment in lieu thereof.

(b). Repatriation

i.An Employee whose services terminates after five (5) years' service excluding summary dismissal shall be given the option to decide where to be repatriated to; either to his hometown or permanent place of residence and in consultation with the Employee, the Employer shall provide transport or cash in lieu of transport for luggage as follows:

0 - 100 KM - One (1) month basic salary

Above 100 KM - Two (2) months basic salary

Above 200 KM - Three (3) months basic salary

Above 300 KM - Four (4) months basic salary

Above 400 KM - Five (5) months basic salary

ii. This provision does not apply in cases involving people who do not physically move bag and baggage from their places of residence.

iii.In addition, the prevailing Government/GPRTU rates for the Employee and registered wife and children up to seven (7), aged eighteen (18) years or up to twenty-four (24) years who are in full time education or recognized institution of apprenticeship, not married nor working and registered with the Company and four (4) children for those employed after July 1 1992 will be eligible.

iv.The Employee will be required to exercise his right within one (1) month of leaving the service of the Employer.

v.However, notwithstanding the minimum cash arrangements above, the Local Union in consultation with Management would ensure that the Employee is repatriated satisfactorily.

(c). An Employee who resigns must leave the Employer’s premises within seven (7) days. An Employee who is terminated must leave the Employer’s premises within twenty (20) days. Any extension shall be at the discretion of the Employer.

(d). The Employer shall upon request, give certificate of service to any of its Employees who leave the service.

ARTICLE XXXI

END OF SERVICE AWARD

(a). Redundancy

i.If in the opinion of the Employer, it is found necessary to effect a substantial reduction in the amount of labour due to:

•Lack of work

•Exhaustion of funds

•Reduction in the volume of work

ii.Employer shall give to the Union three (3) months’ notice whenever possible but in any event not less than two (2) months’ notice of the proposed number of employees whose services it intends to terminate. During this period, the Employer undertakes that no lay off on grounds of redundancy shall take place.

On receipt of such information, the Union shall enter into discussions on the matter.

Selection of Employees who are to be declared redundant shall be determined by length of service, location and relative efficiency by the Employer in consultation with the Union. Where a dispute on an individual case exists and length of service and relative efficiency become equal, conduct and relative efficiency shall be overriding factors.

iii. When subsequent new employment arises, Employees whose employment were terminated as a result of redundancy shall be given preference as far as practicable and on condition that they possess the requisite qualifications.

iv. All Personal emoluments as well as earned leave accrued by the Employee shall be paid before their services are terminated.

(b). Redundancy Award

Employees declared redundant shall be entitled to payment of redundancy award as follows:

i.Below five (5) years’ service - Two (2) months’ pay for each year of service and the proportion thereof effective January 1, 1991.

ii.Five (5) up to Fifteen (15) years' service - Three (3) months’ pay for each year of service and the proportion thereof effective January 1, 1991.

iii. Above Fifteen (15) years’ service - Three and a half (3^1/2) months’ pay for each year of service and the proportion thereof effective January 1, 1991.

(c). Leave Pay on leaving the Service of the Employer

When an Employee leaves the service of the Employer, he/she shall be entitled to payment in lieu of earned leave not taken at the time.

(d). Retirement on Medical Grounds

An Employee who retires on Medical Grounds shall be entitled to payment of benefits as follows:

1.One (1) year service and above - Three (3) months’ pay for each year of service and proportion thereof effective January 1, 1991.

(e). Superannuation Handshake

Employees who retire from the Company on superannuation age of sixty (60) or reduced pension of fifty-five (55) years of good service shall be honoured with twelve (12) months basic salary, two (2) full pieces of cloth, one 260 litres Deep Freezer, one traditional slippers and a certificate of merit as parting gift.

(e). Provident Fund Scheme

For the benefit of workers. Employees shall be required to contribute 8% of their 'salary into a Provident Fund Scheme while the Company makes a matching contribution of 7% of Employees salary into the same fund. In case of an Employee summarily dismissal he/ she shall receive his/her contribution on a and b.

(f( The Employer agrees to deduct 5% of Employees basic pay which shall be invested in a personal pension scheme. Management will facilitate deduction but will not be responsible.

ARTICLE XXXII

FUNERAL GRANTS

(a). Death of Serving Employee

The Employer, in the event of the death of any of its Employees, shall pay funeral Grant Benefit of five (5) months basic salary plus transporting the corpse to the place of burial within Ghana or equivalent cash payment in lieu thereof. The Employer shall also pay up to one (1) month mortuary cost plus cost of embalmment. In addition, the Employer shall provide the following items:

i.Coffin/Shroud

ii.One (1) bottle Schnapps

iii.One (1) carton beer

iv. One (1) crate minerals

v. One (1) wreath

(b). Next-of-Kin: Beneficiary in the event of Death

i.At the time of engagement, an Employee may nominate the person who in the event of the former’s death should be awarded any accrued benefit or rights. The nomination may be revised in writing at any time desirable. If the Employee fails to make such nomination, benefits and any entitlements shall be made only to his/her successor, evidenced by Letters of Administration or Probate of a Will.

ii.Rate of benefit

On the death of a serving Employee, the Next-of-Kin shall be granted Death Benefit of twenty-four (24) months basic salary on the last pay before death.

iii.In case a deceased Employee has any outstanding Loan with a Bank, the Company, in consultation with the Local Union, will facilitate the payment of the loan before issuance of the cheque to his/her Next-of-Kin in respect of benefits.

(c). Death of Dependant

On the death of an Employee’s registered spouse or registered biological child, the Employer shall assist in such funeral expenses by providing transport to convey the corpse to the place of burial and in addition offer cash donation to the bereaved family as follows:

i.Biological Child - Four (4) months basic salary

ii. Registered Spouse - Six (6) months basic salary

In addition:

Coffin or Shroud

1 bottle schnapps

1 carton beer

Crate mineral

The provision of transport to convey corpse to the place of burial docs not apply to either a registered spouse of biological child, above eighteen (18) years, employed by a different Company.

(d). Death of Biological Parent

On the death of an Employee’s Biological Parent, the Employer shall pay a funeral grant of Three (3) months basic salary.

ARTICLE XXXIII

LONG SERVICE AWARD

Long Service honour shall be bestowed on an Employee who has served the Employer in the following manner:

A certificate of honour stating the award type shall be added to all long service awards.

i.10 Years Service - One (l) bundle (L/S) Aluzinc Roofing Sheets

ii.15 Years Service - One and a half (1^1/2) bundles (L/S) Aluzine Roofing Sheets

iii.20 Years Service - Two (2) bundles (L/S) Aluzinc Roofing Sheets

iv.25 Years Service - Three and a half (3^1/2) bundles (L/S) Aluzine Roofing sheets

v.30 Years Service - Five (5) bundles (L/S) Aluzinc Roofing Sheets

vi.35 Years Service - Six (6) bundles (L/S) Aluzinc Roofing Sheets

vii.40 Years Service - Six. bundles (L/S) Aluzinc Roofing Sheets

ARTICLE XXXIV

PERMISSION FOR UNION MEETINGS

(a). The Employer agrees that it shall, at all reasonable times, grant permission for the Union to gather its members who are Employees on his promises and at the worksite of the Employer for Union meetings provided that such meetings or gatherings are not held during official working hours without permission,

(b). The Employer shall allow Representatives of officials or the Local Union who shall not normally exceed three (3) in number or seven (7) in special cases from each station of working days, to attend meetings of the National Executive Council, Regular Delegates Conference, Emergency Meetings and Educational Programmes of the Union, provided that the Union formally notifies the Employer at leasttwo (2) weeks before the date of such meetings, stating the names of Employees to be given leave for such meetings.

ARTICLE XXXV

GRIEVANCE & TRADE DISPUTE PROCEDURES

(a). It is recognized that there are two (2) trade disputes which might develop between the EMPLOYER and the UNION or at the expiration of the AGREEMENT. The kind of possible dispute will be termed herein as “Grievance". The second kind of possible dispute will be termed a “Trade Dispute”. The purpose of this Article is to provide procedures whereby the parties can be assured of prompt and fair settlement of all such deputes.

(b). If an Employee has a grievance or problem pertaining to the interpretation or administration of his work, the following procedure shall be followed:

i.He shall first seek a timely redress from his immediate superior or immediate Management representative.

ii.If the Employee is not satisfied with the decision he/she receives on the above, or if he/she does not receive a timely answer, he/she shall refer the matter to the Shop steward of the Local Union who will discuss the matter with the said Management representative for the settlement within two (2) days

iii.If the matter is not resolved as in two (2) above, the Shopsteward shall refer the matter to the Local Secretary who will seek redress from the appropriate Departmental Head of the Company.

iv.Failure to get settlement as in three (3) above, the matter shall be reduced in writing and shall lie before the Regional Industrial Officer of the Union and the Human Resource Manager of the Company for settlement.

v.The complainant shall have the right to be present at all levels if he she so wishes.

vi.If the matter is not resolved between the Regional Industrial Relations Officer of the Union and Human Resource Manager of the Company, attempt shall be made to have the matter settled between the Headquarters Secretariat of the Union and the Managing Director of the Company before referring it to the STANDING NEGOTIATING COMMITTEE.

vii.If the matter is still not resolved, the matter shall be dealt with in accordance with provisions or Labour Act, 2003 (Act 651) with a view to resolving it.

(c). Trade Dispute Procedure

i.In the event of a Trade Dispute developing between the parties as defined in paragraph (a) of this Article, the parties shall strive to resolve the dispute in fairness to both sides (purpose and intent of the parties).

ii.If the matter is still not resolved, it shall be dealt with in accordance with section 153 of the labour act 2003 (act 651) with a view to resolving.

(d). Settlement by Negotiation

The parties to an industrial dispute are under an obligation to negotiate in good faith with the view to reaching a settlement of the dispute in accordance with dispute settlement procedures established in paragraph (b) of this article

(e). Mediation

i.Subject to the time limit in respect of essential sendee, if the parties fail to settle a dispute by negotiation within seven (7) days after the occurrence of the dispute, either party or both parties by agreement may refer the dispute to the Commission for the appointment of a mediator.

ii.Where the Commission is satisfied that the parties have not exhausted the procedures established in the Collective Agreement or have not agreed to waive those procedures, the Commission shall order the parties to comply with those procedures within such time as the Commission may determine.

iii.When the commission is satisfied that:

a.The parties have exhausted the procedures established in the Collective Agreement.

b.The parties have failed to settle the dispute and

c.None of the parties has sought the assistance of the Commission to appoint a mediator The Commission shall request the parties to settle the dispute by mediation within three (3) days of the Commission becoming aware of the non-resolution of the dispute.

iv.Where the parties agree to mediate and at the end of the mediation proceedings there is settlement of the dispute, the agreement between the parties as regards the terms of the settlement shall be recorded in writins and signed by the mediator and the parties to the dispute.

v.The settlement agreement referred in sub-sections shall be binding on all the parties unless the agreement state otherwise.

vi.When at the end of the mediation proceedings, no agreement is reached, the Mediator shall immediately declare the dispute as unresolved and refer the dispute to the Commission

For and on behalf on the Benso Oil Palm Plantation (BOPP)

PLC of Ghana Employers’ Association (GEA)

SAMUEL AVAALA AWONNEA

GENERAL MANAGER

BENJAMIN APPIAH-MANUH

FINANCIAL CONTROLLER

KWASI BAAH OFORI

ESTATE MANAGER

VICTOR ATTA-AMPONSAH

HUMAN RESOURCE MANAGER

For and on behalf of the General Agricultural Workers Union (GAWU) of TUC of Ghana

EDWARD KAREWEH

GENERAL SECRETARY

ANDREWS TAGOF

DEPUTY GENERAL SECRETARY

In the presence:

ABU ALHASSAN

VICE LOCAL UNION CHAIRMAN

BENSO OIL PALM PLANTATION PLC

RAZAK EKOW DADZIE

LOCAL UNION SECRETARY

BENSO OIL PALM PLANTATION PLC