PLANTATIONS SOCFINAF GHANA LIMITED

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PART 1 - GENERAL AGREEMENT



ARTICLE 1- PARTIES TO THE AGREEMENT


THIS AGREEMENT on salaries, wages and minimum Conditions of Service is made between PLANTATIONS SOCFINAF GHANA LIMITED (PSG) (HEREINAFTER REFERRED TO AS THE EMPLOYER) and the GENERAL AGRICULTURAL WORKERS' UNION (GAWU) OF TRADES UNION CONGRESS (TUC), GHANA officially certified under the Labour Act, 2003 (Act 651) (HEREINAFTER REFERRED TO AS THE UNION) as the negotiating body on behalf of the unionized employees of PSG, which Agreement is reviewed in 2023, to provide for the terms and conditions of employment and shall apply to all employees of the Employer for whom the Union has been certified to negotiate.

The terms and conditions hereby reviewed and agreed will be effective from January 01, 2023 for salaries and wages but all other conditions shall be effective from the date of signing the communique that accompanied the Agreement without any retrospective effect.



ARTICLE 2- OBJECTIVE AND SCOPE OF AGREEMENT


(a)Objective

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

(b)Scope or Coverage

This agreement shall apply to all permanent employees below the rank of Supervisor and its analogue grades. Such employees shall become and remain members in good standing.



ARTICLE 3- INTERPRETATION 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 in accordance with the provision of the Labour Act, 2003 (Act 651) or any other subsequent enactment.



ARTICLE 4- RECOGNITION OF UNION


The Employer recognizes the General Agricultural Workers' Union (GAWU) of the Trades Union Congress, Ghana (TUC, Ghana) as the representative Trade Union for the purpose of contracting Collective Agreement in matters of salaries, wages and Conditions of Employment of all categories of Employees described in Article 2 (b) above.



ARTICLE 5- CHECK OFF


a)Each month, the Employer shall deduct from the pay packet of each Union member 2% of the member's basic monthly pay as union dues

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

(i)The Trades Union Congress, Ghana - 15%

(ii)The National Headquarters of General Agricultural Workers'Union - 65%

(iii)The Local Union - 17.5%

(iv)The Regional Secretariat of GAWU - 2.5%



ARTICLE 6- DEFINITIONS


a)" Employees" shall apply to all employees for whom the Union is empowered to negotiate.

b)Since the Union represents and the agreement covers all the employees of PSG as defined in Article 6 (a) 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. Every employee covered by this Agreement shall remain a member of the Union. For newly engaged permanent employees below the rank of Supervisor and its analogue grades, they shall automatically become members of the Union.

c)Reference in this Agreement to the term "Working Day" shall exclude Saturdays, Sundays or Rest days and public holidays.

d)"Wages/Salaries" means substantive basic pay and do not include acting allowance, overtime or any other form of allowance.

e)Reference to the masculine gender in this Agreement shall include the feminine gender.



ARTICLE 7- PERIOD OF VALIDITY


a)This Agreement shall come into force and operate from January 01, 2023 and remain in force for a period of three (3) years ending on December 31, 2025

b)Notwithstanding (a) above, wages and salaries shall be reviewed yearly, starting from the first salary review which took effect from January 01, 2023.

c)Notwithstanding the provision of the above conditions, if any statutory regulations affecting the implementation of this agreement are enacted during its lifetime, the two parties shall meet and agree on the adjustment and incorporate them into the agreement.





PART 2 - ENTERING THE SERVICE OF THE COMPANY



ARTICLE 8-ENGAGEMENT AND PROBATIONARY PERIOD


a)Any person employed under this Agreement, earning wages/salaries, shall be informed in writing of the following;

(i)Effective date of Appointment

(ii)Grade and Work Assignment

(iii)Initial Pay or Salary

(iv)Whether Temporary, on Probation or Otherwise

(v)On engagement, any employee who comes within the scope of this Agreement shall have access to a copy of the Collective Agreement and any appendices agreed upon.

b)Every Employee, on engagement, shall undergo probationary period. The period of probation may vary according to the nature of the job, but shall not normally exceed six (6) months in the case of unskilled employees.

c)Unless informed in writing to the contrary, an employee who has completed his probationary period will be deemed to have been confirmed in his appointment.

d)Every prospective employee shall undergo and pass a Pre-Employment Medical Examination.

e)CHILD AND FORCED LABOUR: The Employer shall be committed to the eradication of child and forced labour within the company and shall in conjunction with the Union take necessary action to ensure that child and forced labour are absent from the company.



ARTICLE 9- INDIVIDUAL CONTRACT


No employee covered by this Agreement shall be compelled or allowed to enter into any other contract or Agreement with the Employer concerning the conditions 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 10- ANNUAL INCREMENT


a)An employee may be awarded one or more increments annually at the discretion of the Employer.

b)All incremental adjustments shall be at the end of the calendar year. The salary year shall be the end of every calendar year. Two types of increments may be observed annually:

i.Annual negotiated salary increment (wage opener) which takes effect every January 1st to cover all the unionized staff.

ii.Performance - based increment arising out of annual appraisal. This performance - based increment is at the discretion of the employer.



ARTICLE 11 - PROMOTION


a)As far as possible and depending upon suitable candidates being found, all vacancies will be filled by promotion from within the Company. If necessary, examinations will be conducted. These may be written, oral, practical or a combination thereof. Written tests will not be the exclusive determinant of the job if writing does not constitute a major portion of the job in question.

b)The criteria for determining employees to be promoted shall be based on merit, potential skill, physical and mental ability to assume the job and good conduct. All things being equal seniority shall be a determining factor.

c)The Employer reserves the right to recruit from outside for any Department or the Company, after Management has satisfied itself that there are no suitable serving employees to fill any existing vacancies in the Department or the Company.





PART 3 - WORKING RULES OF SERVICE



ARTICLE 12 - HOURS OF WORK


a)The standard hours of work for basic pay for all employees shall not exceed forty (40) hours a week of five (5) days.

b)The actual hours of work shall be decided by the Employer and the Local Union in accordance with the requirement of the work performed but no employee shall be required to work continuously for longer than five (5) hours without a recognized rest.

c)An employee, who comes to work shall be paid the full minimum remuneration for each day, irrespective of whether bad weather conditions prevent him from carrying out his normal duties.

d)Where the employee works in all the week days in a month, his/her remuneration will be determined by 27-days.

e)Where the employee does not work in all the week days in a month, then, the monthly minimum remuneration will be determined as the number of week days worked in a month divided by twenty-two times twenty-seven and multiplied by the daily wage.



ARTICLE 13-DISCIPLINE


Introduction

Disciplinary action is any action taken by the Employer in response to unsatisfactory employee performance or conduct. The primary objective of discipline is to bring an employee back, where possible, to acceptable standards of performance and conduct rather than to punish an employee.

Discipline is the Employer's responsibility and will be applied fairly. Every employee is entitled to know the reason for any disciplinary action taken against him.

The Employer and the Union want to protect employees from arbitrary disciplinary treatment. Some of the following paragraphs are designed to provide procedures that guard against arbitrary treatment. To this end, there shall be a disciplinary committee to adjudicate on some disciplinary cases that come before the employer. The committee member's work shall include a Union representative at all times, except where the Union refused to send a representation upon invitation. The disciplinary committee shall have the powers to recommend various disciplinary actions to be considered by the employer including warning, suspension without pay, termination and summary dismissal. The MD shall have the final authority to act on the recommendation and shall accept, commute or reject the recommendation.


1)Written Warning

a)Written warning may be issued for offences of misconduct.


These offences are;

(i)Fraudulent or poor time keeping

(ii)Unexcused absence from work

(iii)Minor damage to Company property

(iv)Failure to observe Company procedures/policies

(v)Insubordination

(vi)Poor performance

(vii)Incompetence

(viii)Negligence


This List of offences is not exhaustive and offences of a similar nature will be dealt with under this clause.

b)When it is proven that an employee has committed an act of misconduct, 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.

c)Written warning will not be issued until the individual employee has been given an opportunity to offer his side of the story. Therefore, before a Written Warning is given, a query will be issued to the employee for his side of the story, or will be invited to appear before a disciplinary committee for his side of the case to be heard.

d)Any warning other than that involving Dismissal or Termination shall cease to have effect on the anniversary of the date of issue.

e)The Human Resource & Administration Department will keep the local Union in copy in respect of queries and their responses, warning, suspension and termination letters.


2)Suspension without Pay.

The following shall constitute grounds for suspension without pay.

a.Absence from work: Employees who absent themselves from work for two consecutive days without permission and who return to work without satisfactory reasons for their absence from work, shall be liable to a minimum of five-day and not exceeding ten-day suspension without pay.

b.Absence during working hours: An employee who has reported for duty shall not leave his/her place of work without permission. Each absence without permission shall be treated as vacation of post and shall be liable to a minimum of three-day and not exceeding five-day suspension without pay.

c.Multiple marking of time sheet and awarding productivity for work not done: An employee who double marks another worker and award productivity/output for that worker for work not done shall be liable to a minimum of three-day and not exceeding five-day suspension without pay.

d.A Third offence after two written warnings within a year: After two written warnings, an employee may be suspended without pay for a minimum of five-day and not exceeding ten-day when he/she commits a further/same offence. On the fourth offence, he/she may be liable to dismissal.

e.Peddling falsehood before the disciplinary committee: An employee who is found lying before the disciplinary committee shall be liable to a minimum of five-day and not exceeding ten-day suspension without pay.

f.Using company's resources for personal gains: An employee who misuse's company's resources for personal gains shall be liable to a minimum of two weeks and not exceeding one month suspension without pay.

g.Refusing to respond to query and, or appearing before the disciplinary committee:_An employee who fails to either respond to a query served him/her, in addition to a reminder of the query, and, or fails to appear before the disciplinary committee upon invitation for the second time shall be liable to a minimum of two-weeks and not exceeding one month suspension without pay.

h.Abandoning FFB on Platforms beyond two days for collection to the Mill: An employee (headman, overseer, and supervisor) who fails to ensure that harvested FFB are conveyed to the Mills shall be liable to a minimum of five-day and not exceeding ten-day suspension without pay.

i.Sleeping on duty: PPD Guards who sleep on duty shall be liable to a minimum of one month suspension or could have his/her appointment terminated.

j.Refusing to carry out lawful instructions by the supervisor: An employee who refuses to carry out lawful and legitimate instructions of the supervisor shall be liable to a minimum of two-weeks and not exceeding one month suspension without pay.

Before a suspension is meted out to an employee, the employee will be heard by either responding to a query served to him/her, or is invited to appear before a disciplinary committee to respond to questions and or to provide his side of the case upon which s/he was invited.

This List of offences is not exhaustive and offences of a similar nature will be dealt with under this clause. The MD shall have the powers to commute a termination/dismissal offence to suspension.


3)Termination of Appointment

a) The following shall constitute grounds for termination of appointment:

(i)Mutual agreement between the Employer and the worker

(ii)By the worker on grounds of ill-treatment or sexual harassment

(iii)By the Employer on the death of the worker before the expiration of the period of employment

(iv)By the Employer if the worker is found on medical examination to be unfit for employment.

(v)PPD Guards sleeping on duty.

(vi)Operating the employer's machinery, vehicle or equipment without authority.

(vii)By the Employer because of the inability of the worker to carry out his or her work due to:

a)Sickness or accident.

b)The incompetence of the worker.

c)Proven misconduct of the worker.


4)Summary Dismissal

a)The following shall include but not limited to grounds for summary dismissal:

(i)Fighting on Company premises including residential areas.

(ii)Willful action or Gross Negligence resulting in damage to Company property or life.

(iii)Drinking alcoholic beverage or proven drunkness whilst on duty.

(iv)Gross neglect of duty with proven intent.

(v)Using, possessing or under the influence of banned drugs like Indian hemp, cocaine, heroin, etc., on duty or on Company premises

(vi)Accepting or offering bribe or other acts of dishonesty

(vii)Stealing/Theft/Fraud

(viii)Gross insubordination

(ix)Gross Negligence

(x)Unauthorized disclosure of vital Company information to a third party.

b)If an employee or the Union believes that discipline issued under this Article is improper, all of the provisions of Article 37 — Grievance and Dispute Procedure - are available and may be utilized to handle such situations.

c)The Employer shall have a policy on Sexual Harassment which should be made known to the workers and the Union. The Employer and the Union commit to creating conditions for reporting instances of sexual harassment open and easy.

d)The employer shall operate a zero tolerance for any form of sexual harassment in the work place.

e)All incidents of sexual harassment shall be taken seriously and addressed promptly through investigation of allegations.

f)Complaints of sexual harassment shall be treated with respect and in confidence.

g)Victimization of complainants of sexual harassment by anyone shall attract disciplinary actions.


5)Interdiction

(i)In the event of an employee appearing to have committed an offence requiring investigation and whose presence may interfere with investigations may be interdicted for a period of not more than three months.

(ii)In all cases involving investigations, copies of the statement made by any employee will be given to that employee. Further, the employee may request the presence of a Union Representative before giving a statement.



ARTICLE 14 - LEGAL COUNSEL FOR EMPLOYEES


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



ARTICLE 15-TRANSFERS


a)All employees of the Company are required to serve the Employer in one location or another whenever necessary.

b)Permanent Transfer is defined as follows:

(i)Permanent Transfer means a transfer intended to exceed three (3) months.

(ii)Transfer means a move from one location to another.

(iii)Employees who are permanently transferred at the Employer's request will be transported, subject to a month's notice, including their families and household effects to the new location by the Employer's transportation. The Employer shall as far as possibly arrange such transfer to coincide with the school year.

c)Temporary Transfer

Employees requested to transfer temporarily shall be transported by the Employer or have their transport expenses reimbursed. The Employer shall give reasonable notice, except in cases of emergency.



ARTICLE 16-OVERTIME


a)Overtime work is the work in which the employee is employed at the request of the Employer over and above the standard working hours.

b)All employees covered by the Agreement who are required to work overtime will be paid according to the following rates:


Monday through Friday - Time and Half x No. of Overtime Hours.

Saturdays - Double Time for the No. of Hours Worked.

Sundays, Public Holidays and Rest Days - Double Time for the No. of Hours Worked.


c)Overtime work is at the discretion of the Employer and would be paid accordingly.

d)The Head-man/woman will be paid 100% of the average premium earned above the daily set target for his/her team.

e)The commuted overtime allowance (COA) will be as follows:

i.20% for Stores Officers at Palm Oil Mill.

ii.20% for PPD guards and 30% upon confirmation.

iii.30% for plantations overseers.

iv.30% for Palm Oil Mill Secretary.





PART 4 - RIGHTS AND PRIVILEGES IN SERVICE



ARTICLE 17 - LEAVE REGULATIONS


a) Paid Annual Leave

(i)On completion of one (1) year's continuous service with the Employer, an employee shall be entitled to annual leave.


Annual leave entitlement shall be as follows:

a)twenty (20) working days for all employees who have worked for one (1) to ten (10) years.

b)Twenty - three (23) working days for all employees who have worked for more than ten (10) years.


(ii)The employee may be expected to take all leave due him before the end of the calendar year, except for provisions of (iii) and (iv) herein.

(iii)Leave may be suspended or deferred at the request of the Employer in writing. An employee whose leave is suspended or deferred may either re-schedule his leave or be paid for the time of the leave upon approval by the Employer.

(iv)Leave may be interrupted at any time if the exigencies of service demand that an employee should return to work before the expiry of his leave time; an employee whose leave is interrupted by the Employer may take the leave at a later date or have the days worked paid at one and a half (l1/) times his basic rate.

(v)An employee who is prevented by ill-health from returning to duty at the end of his leave should notify his head of department and in any case not later than three (3) working days after the end of leave. On resumption of duty the employee shall submit to the Employer a medical certificate endorsed by a registered medical practitioner authenticating the employee's ill-health.

(vi)Holidays falling within the period of leave shall extend the period of paid leave by the same number of days. Leave days count shall not include Saturdays and Sundays.

(vii)The Employer shall prepare a departmental leave roster annually showing dates its employees proceed on leave and number of days for each employee.


Leave Pay on Leaving Employment

When an employee ceases to be employed by the Employer he shall receive leave pay for any earned leave not taken.

Annual Leave Advance

1.Upon request an annual leave advance of 50% of one's monthly basic wage/salary shall be granted to the employee proceeding on his annual leave, provided such an employee has no debit balance on any account officially known to the Employer. Such advance shall be deductible at the end of the month after the employee's return from leave.

Leave Allowance

All junior staff employees proceeding on annual leave shall be paid one hundred Ghana Cedis (GHC 100.00) as Leave Travel Allowance.


b)Sick Leave (Non-Occupational Accident & Sickness)

(i)Sick days with pay shall only be granted for days of absence due to illness, or injury and upon a certificate signed by a doctor appointed by the Employer, except in case of emergency, a medical certificate from a doctor or a Centre authorized by the State will be acceptable upon investigation and verification by the Employer.

(ii)Failure to send a medical certificate as mentioned above within the first three days, after reporting for duty shall be treated as absence without permission, except where management is satisfied that failure to comply is due to unavoidable circumstances.


(iii)With the exception of work-related sickness, sick leave for employees with five (5) years of service or more shall be granted as follows:

Maximum period on Full Salary.....................First, Second and Third Months.

Maximum period on Half Salary....................Fourth, Fifth and Sixth Months.

Maximum period on Quarter Salary..............Seventh, Eight and Ninth Months.


At the end of the ninth month the employee's situation would be reviewed and depending on the circumstances, such leave of absence with partial pay may be extended at the discretion of the Employer or the employee may be laid off on medical grounds and paid redundancy benefits as enshrined in Article 31 of this agreement.


(iv) Employees with less than five (5) years of service shall be granted sick leave as follows:

Maximum period on Full Salary.......................First and Second Months.

Maximum period on Half Salary......................Third and Fourth Months.

Maximum period on Quarter Salary................Fifth and Sixth Months.


(v)In the case of workers who are supposed to be transported by the Employer and they find their own means of transport or walk to and from work and get involved in an accident on the way shall be treated as occupational injury provided the incident occurred within a reasonable period determined by the employer before the start of work and the same period after the close of work, whichever is applicable.


c)Other approved forms of Leave

(i)Casual Leave

In special circumstances and by expressed consent of the Employer, employees will be granted casual leave which will be deducted from their annual leave entitlements.

(ii)Compassionate Leave

This leave is granted to show concern towards the plight of employees in difficult and extenuating situations.

Compassionate leave with pay will be granted for the death of a registered wife/husband, biological parents and children as per the schedule below. Any additional leave after the maximum period shall be at the discretion of management and may be granted and deducted from annual leave days.

Employees will be required to produce proof of such deaths.


DEATH........................................NUMBER OF DAYS

Wife/Husband.............................5

Biological parents.......................5

Children.......................................3

The granting of compassionate Leave shall not affect the Annual Leave of the Employee.


(iii)Emergency Leave

This leave is granted by the Employer after the employee has exhausted his annual entitled leave days and some unplanned or unforeseen emergencies/exigencies need to be attended to.

Up to a maximum of seven (7) working days emergency leave can be granted to each employee within a calendar year. This leave is granted at the discretion of the employer with or without pay and cannot be deferred into another calendar year.

(iv)Leave of absence

Aside all these forms of leave stated above, which the employee earns "full pay", any other leave of absence (either with partial or no pay) should first be applied for in writing by the employee for the employer's study and approval.

The granting of this leave is at the discretion of the Employer.


d)Maternity Leave - Period of Absence

(i)The period of absence on maternity leave shall be Twelve (12) weeks.

(ii)All other circumstances in relation to maternity leave shall be determined by the provisions in the Labour Act.


e)Nursing Mother

A mother who is actually nursing her child shall be allowed to be absent for this purpose for one (1) working hour per day, at her own convenience. Any extension beyond one (1) hour shall be at the discretion of the Employer.

f)A pregnant woman, upon provision of pregnancy confirmation by an approved medical center, shall be protected from work with hazardous substances. She shall be given the opportunity to visit the midwife or gynecologist during working hours for ante-natal services. Prior notice should be given to her supervisor.

g)Absence from duty arising from pregnancy in excess of the maximum period prescribed above will be regarded as absence on grounds of ill health only on the production of a medical certificate to that effect and rules governing the sick leave will apply.

h)When miscarriage, preterm delivery or still birth occurs after the 4th month of pregnancy, the affected employee shall be entitled to paid leave days as recommended by an authorized medical practitioner.



ARTICLE 18 - STATUTORY PUBLIC HOLIDAYS


a)The Employer shall grant to all employees the public holidays specified under the PNDCL 220, PUBLIC HOLIDAYS LAW 1989, as amended.

b)Every worker covered under this Agreement is entitled to be paid his remuneration for public holidays in accordance with Article 72 of the Labour Act, 2003(Act 651).



ARTICLE 19 - MEDICAL FACILITIES


a)The medical facilities available at the Employer's Health Center or other recognized hospitals or clinics shall be made available to employees and their registered dependents of one (1) spouse and three (3) biological or legally adopted children who are less than 18 years or show proof of schooling should they be 18 years or older.

b)The Employer shall not bear the cost of diseases/ailments which are not covered by NHIS, such as:

I.Investigations, treatment, surgery for obesity and its sequellae

II.Cosmetic surgery or surgery directly or indirectly caused by or related to or in consequence of cosmetic surgery.

III.Artificial insemination and invitro fertilization; Hormone replacement treatment.

IV.Attempted Suicide and its consequences or intentional self-injury.

V.The taking of any drug or narcotic substance that was not prescribed by and / or not taken in accordance with the instructions of a company-referred registered Medical Practitioner.

VI.Injuries resulting from taking part in dangerous sports like paragliding, parachuting and car race.

VII.Purchase or hiring of external/internal medical appliance except for crutches, braces, and/or elastic stockings provided on discharge from hospital.

VIII.Services by persons not registered as medical personnel with the relevant medical authorities within the country.

IX.Voluntary medical examinations for non-medical purposes like visa application and educational purposes unless with prior approval from the Employer.

X.Dental treatment such as Dental Crowns, Bridges, Artificial Teeth but does not include tooth extraction/filling.

XI.Renal dialysis

XII.Organ transplant.

XIII.Cryopreservation, implantation or re-implantation of living cells or living tissues.

XIV.Abortions except where there is an immediate threat to the life of the mother.

XV.Diagnosis and treatment overseas.

XVI.Injuries resulting from riots andillegal demonstrations.

XVII.Slimming preparations.

XVIII.VIP Ward accommodation.

XIX.Cardiac/Heart/Brain Surgery

XX.Cancer Treatment

XXI.Spinal Surgery

c)Unless proven to be self-inflicted by negligence, the Employer takes care of all expenses on ailments that are job related.

d)Failure to abide by required medical prescriptions and thereby resulting in complications would result in the Employer bearing no cost.

e)First Aid kits shall be made available in the employer's camps to take care of emergency cases at all times.


f)Traditional Treatment

An employee may be permitted to seek treatment for an ailment from a recognized traditional healer and the cost refunded by the Employer if the Employer's registered medical specialist/consultant within the relevant field certifies to that effect.

g)The Employer will not be responsible for any medical bills covering medical treatment, hospitalization or drugs incurred by the employee or any of the registered dependents if such treatment, hospitalization etc. has not been authorized by the Employer. However, employees on authorized duty outside of the Employer's operational area or on his or her annual leave may be entitled to reimbursement of such fees if a medical report from a government or public hospital is produced to substantiate the claim, it being understood that the Employer may verify such claim before making payment.



ARTICLE 20 - OCCUPATIONAL ACCIDENT /SICKNESS


(i)Payments and compensation in respect of injuries arising out of employment shall be in accordance with the provision of the Workmen's Compensation Law 187 of 1987and any other subsequent enactment.

(ii)Should an employee contract an industrial ailment arising out of and in the course of employment, the Employer will treat the ailment to the extent of its facilities, and further if in the opinion of the Employer's doctor consultation and/or medical facilities outside the Company are required, the cost of the additional treatment shall be borne by the Employer.

(iii)An employee who is incapacitated as a result of industrial injury/sickness and is proven to be medically unfit to work shall be retired on medical grounds and be paid redundancy benefit, as enshrined in Article 31 in this Agreement. This will be in addition to other benefits provided for under the Workmen's Compensation Law, 1987.



ARTICLE 21- HOUSING SCHEME, CANTEEN/CAFETERIA FACILITIES


a)The Employer shall endeavour to establish a Housing Scheme for the benefit of its employees. Where housing is immediately not available, the Employer shall endeavour to provide facilities for transportation of its employees to and from their places of work.

b)The Employer shall provide suitable dining facilities to be managed by a local contractor for the employees of the Processing Plant to buy food. The contractor shall be supervised by the Employer.

c)HOUSING/UTILITY ALLOWANCE

An employee who is not housed by the employer shall be paid a Housing/Utility Allowance of GHS 150.00 per month to cover rent, water, electricity and garbage.



ARTICLE 22- SUPPLY OF TOOLS


The supply of tools for the performance of jobs for the Employer, including machetes, shall be the responsibility of the Employer. In the event of an employee losing or misusing any tool supplied by the Employer, the employee shall be responsible for the payment of the replacement value of the tool.



ARTICLE 23- OCCUPATIONAL HEALTH, SAFETY AND ENVIRONMENT


a)The Employer shall set up the HSE Committee with the Assistant Sustainability Manager as the Head. All safety issues/concerns would be addressed to the Committee. The decision of the Committee shall be binding and mandatory.

The categories of workers entitled to Protective Equipment (PPE) are as stated in the Company's HSE Manual.

b)In the event of an employee losing or misusing any protective Equipment supplied by the Employer, the employee shall be held responsible for payment of the replacement value of the protective equipment before a new one will be supplied to him.

c)Where protective equipment is supplied, the employee shall be expected to use them and failure to use supplied equipment will attract disciplinary action.

d)All field and occupational injury or ailment shall be immediately reported to the Employer's Clinic and then to the Head of HS+E in reference to the company's policy on Accident/lncident Reporting as stated in the HS + E Manual. In the event of any occupational injury at work, the Employer shall continue to pay the employee his salary/wage for the whole period oftreatment till the injured employee resumes duty.

e)It is the obligation of every worker to use the safety equipment, fire-fighting equipment and personal protective equipment provided by the Employer in consultation with the HSE Committee.

f)The Employer shall be liable for an injury suffered by a worker. However, appropriate disciplinary measures shall be taken against a worker who contravenes sub section (e) if proven to have been caused by negligence.

g)The employer shall ensure that workers are given the needed training to enable them use PPEs and tools.

h)In all cases of payment of compensation (periodical and /or lump sum) a Union Official shall be present. Union shall be copied on correspondence relating to all field and occupational accidents.

i)When a worker finds himself in any situation at the workplace which he has reasonable cause to believe presents an imminent and serious danger to his life, safety or health, the worker shall immediately report this fact to his immediate supervisor, who in turn discusses with the Head of Department and HS+E Committee for investigations and remedial actions/decisions.

j)The Employer shall not require a worker to return to work in circumstances where there is a continuing imminent and serious danger to life, safety or health of the worker.

k)All chemical sprayers shall be made to go through medical examination once in a year and their reports made known to them regularly.

l)PRODUCTION SUSTAINABILITY

The Employer shall have a policy on Occupational, Health and Safety and Environment which shall be made known to the workers and the Union. The Employer and the Union commit as much as possible to promoting sustainable production and consumption.



ARTICLE 24 - IN-SERVICE TRAINING


a)The Employer undertakes as far as possible to provide suitable training for employees which would enable them to be competent in the performance of their duties and those of higher grades to which they might be promoted.

b)Where an employee is being trained for promotion, he would be acquainted with period(s) of such training. He will also be acquainted with the post to which he may be confirmed or promoted if he successfully concludes his training.

c)Distance Learning

Employees shall endeavour to upgrade themselves, taking advantage of Distance Learning facilities. The Employer shall endeavour to encourage employees to undertake such programs provided they are job related.



ARTICLE 25 - INCENTIVE AND GRATIFICATION SCHEME


Outstanding Performance Award


The Employer may award prizes to workers for outstanding performances at the end of every year.

Union acknowledges the fact that the Employer is investing a lot in the operations. However, anytime the Employer feels it prudent to reward staff based on the financial position of the company, union would welcome it.


Drivers and Operators Safety Incentive/Bonus Scheme.

Drivers and Operators will have a safety bonus of one hundred Ghana cedis. (Ghs 100.00) every quarter of the year if they meet the set down criteria of the Transport and Workshop Department.


Long service Award

There shall be one-month basic salary as long service award for workers with 10 years of service and two- months basic salary for those with twenty years of service.





PART 5 - REMUNERATION IN SERVICE



ARTICLE 26


Equal Pay for Equal Work and Non-Discrimination In Respect Of Sex, Race, Etc.

The Employer shall recognize the principle of non-discrimination in work.



ARTICLE 27- PAY DAY AND SALARY ADVANCES


a)Pay day

The Employer shall endeavour to pay salaries and wages of employees not later than the last working day of the month. In exceptional circumstances, payment will not be later than the 5th day of the following month.

b)Employee Loan Fund

There is an Employees7 Loan Fund available within the Company which the Employer commits to grow and which enables employees7 access to finance in times of need.



ARTICLE 28- ALLOWANCES


a)Acting Allowance

(i)Acting Allowance shall be paid to any employee who performs the full duties of the post in which he is acting for not less than four consecutive weeks.

(ii)Acting Allowance shall be 20% of the acting employee's basic salary or the difference between the employee's current salary and the minimum of the substantive position whichever is lower, provided that the Employer has confirmed in writing that the employee is working in an acting capacity.

(iii)Acting employees shall be deemed to be confirmed into the substantive position after six (6) months. Exceptions will be discussed with the Union, especially in cases of prolonged illness.


b)Relocation Inconvenience Allowance

(i)The Employer will provide transportation for the employee so temporarily relocated within the environs of the Plantation if the relocation is more than four (4) weeks. For less than four (4) weeks of relocation, cost of transport will be paid.

(ii)When an employee is relocated at his own request with the Employer's approval, the employee will be paid the cost of transport but will receive no inconvenience allowance.

(iii)Cost of Permanent Transfer

•Where the transfer is outside the Plantation, the Employer will pay for transportation cost as per public transport rates and the employee paid one (1) month basic salary as inconvenience allowance and provided with suitable accommodation allowance.

•For within the Plantation movements, transport will be provided by the Employer but no inconvenience allowance paid. The employee will be provided with suitable accommodation.


c)Travelling and Transport Allowance

(i)Employees who are required to travel on the Employer's business and are not transported will travel at the Employer's expense.

(ii)Day Trip Allowance (within and outside Ghana)

If an employee is assigned official duties outside his normal work place and the nature of the assignment is such that it takes the employee his normal working hours or more to complete the assignment before returning to his base, he shall be entitled to the following allowances:

•Breakfast - GHS 15.00 (if the employee departs the Plantation before 6:30 a.m.)

•Lunch - GHS 25.00 (if employee returns after 1:00 p.m.)

•Dinner - GHS 25.00 (if employee returns after 7:00 p.m.)

(iii) Lodging Allowance

Employees who travel on the Employer's business and are required to spend the night away from their work station shall receive the following allowances:

Within Ghana

•Regional Capitals - GHS 150.00 per night

•Non-Regional Capitals - GHS 100.00 per night.

Outside Ghana

Accommodation & Food will be provided by the Employer.

Employee earns an additional US$ 10.00 per person per day as cost of Incidentals.


(iv) Call-in Allowance

Any employee who is requested by the Employer to come to duty after he has finished his day's work and gone home would be paid at the existing overtime rates at a minimum of one hour of work and work duration rounded up to the nearest hour.


d)Night Shift Allowance

Night Shift workers will be paid night shift allowance on the following basis:

Night Shift - 10% of the employee's daily basic wage.


e)Risk Allowance

i)All wages/salaries are already inclusive of Risk Allowance, including those of Development sprayers.

ii)Soap shall be provided to areas of work that the soap would be required, with emphasis on employee health and safety as enshrined in the Company's HS+E manual.

iii)Boiler operators at the Palm Oil Mill who is/are exposed to excessive heat will earn 10% of their daily wage/salary at any time they work at the boiler place.

iv)Chemical sprayers at the Plantations will earn 8% of their daily basic wage anytime they are engaged in chemical spraying activities.





PART 6 - LEAVING THE SERVICE



ARTICLE 29- MODE OF LEAVING THE SERVICE OF THE COMPANY


The modes by which an employee may leave the service of the Employer without loss of legal entitlements are as follows:

a)By Termination (not for cause) of appointment.

b)Onreaching superannuating age(pension)

c)Onbeing declared redundant.

d)Onresignation.

e)Onretirement for medical reasons or death.

f)By a statutory order (government appointment/secondment).



ARTICLE 30 - RESIGNATION AND TERMINATION OF APPOINTMENT


In the event of resignation or termination of appointment on grounds other than summary dismissal, the employee shall give notice of resignation or be given notice of termination as indicted below:

a)The Employer terminating the services of an employee or an employee tendering his resignation from his employment shall require fourteen (14) days' notice or payment in lieu thereof, if the employee has worked for less than three (3) years continued service, or one month's notice or payment in lieu thereof if he has been in continued employment for a period of three (3) years or more.

b)An employee whose services are terminated, after at least five (5) years of service for reasons of statutory retirement and or on medical grounds (death, incapacitation, etc.) and excluding summary dismissal or termination for cause, shall be given the option to decide whether to be repatriated, either to his hometown or his original place of residence within Ghana and in consultation with the Local Union and affected employees, the Employer will provide transport or cash in lieu of actual transport cost for the employee, his spouse and three (3) registered children below the age of 18 years and their personal belongings. For school-going children over 18 years of age but below 21 years of age, there should be evidence from his/her educational institute to justify such a claim.

c)

(i) An employee who exits based on the reasons in (b) above shall leave the Employer's accommodation within 15 calendar days after showing proof of signing off all inventories of the Employer in the employee's possession before entitlements (if any) are paid.

(ii)An employee who resigns voluntarily shall leave the Employer's premises immediately after having been paid all his entitlements. Paying of entitlement shall be subjected to handing over of all the Employer's property and signing off all inventories in the employee's possession.



ARTICLE 31 - END OF SERVICE BENEFIT


a) Redundancy/Severance

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

a)Lack of work;

b)Exhaustion of funds;

c)Reduction in the volume of work;

d)Closure of Company, change of ownership, amalgamation, etc.

The Employer will give the Union three (3) months' notice whenever possible but in any event not less than one month's notice of the proposed number of employees whose services they intend to terminate. During this period, no other notice of termination shall be served on the affected employees other than acts of misconduct that lead to summary dismissal.

On receipt of this information the Union may enter into discussion with the Employer on the matter.

ii)Selection of employees whose services are to be terminated owing to redundancy shall be determined on the basis of location, length of service (which shall be determined by the Employer and Union is informed accordingly) and relative efficiency which shall be decided by the Employer. Provided that where these two former factors are equal, or where dispute exists on the individual case, relative efficiency shall be the over-riding factor.

iii)When subsequent new employment arises, employees whose employment was terminated because of redundancy will be given preference, provided they are available and are qualified for the job.

iv)All personal emoluments earned and accrued by the employees would be paid to them subject to the handing over of all the Employer's property and signing off all inventories in the employee's possession.


b)Redundancy/Severance Pay Award

Employees declared redundant shall be entitled to payment of redundancy/severance pay award at the rate of two (2) months basic wages/salary per each year of service and proportionate thereof.


c)Repatriation

The Employer shall provide cash in lieu of transport for family and luggage as follows:

0-100KM - GHC 750.00

101-200KM - GHC 1,000.00

201-300KM - GHC 1,375.00

Beyond 300KM - GHC 1,625.00


d)Employees declared redundant shall Contribute 2% of their award to the National Union as dues.

e)Leave Pay on Leaving the Service of the Employer

When an employee leaves the services of the Employer, he will be paid any amounts to which he was entitled as of his last anniversary date, reduced by any amount of annual leave taken since his last anniversary date.

f)Next-of-Kin

At the time of his engagement, an employee may nominate the person who, in the event of the former's death, should benefit from monies or rights which have accrued. This nomination may be revised in writing at any time.



ARTICLE 32- FUNERAL GRANTS


The Employer shall pay Funeral Grants/Benefits on the following:


a)Deceased Employee

Upon the death of an employee in the active service of the Employer, the following shall be provided by the Employer:

i.Management donates GHC l,000.00 in lieu of coffin/shroud

ii.Funeral donation of GHC 1,500.00.

iii.Death Benefits for the Beneficiary(ies)

•Employees with 1 to 3 years of service - GHC 700.00

•Employees with greater than 3 to 5 years of service - GHC 900.00

•Employees with more than 5 years of service - GHC 1,200.00

iv.Management support of GHCl,000.00 to assist the Union in transporting its members to the funeral (non-job-related death)

v.Where the death of the employee is job-related, the Employer provides GHCl,500.00 for mortuary expenses and GHC5,000.00 as funeral support in addition to the provision of (i), (ii) and (iii) above.

A bus is additionally rented by the employer for a sizeable number of workers to attend the funeral.


b)Deceased recognized Spouse (Covered by death certificate or other evidence):

Funeral donation of Ghs 1,000.00


c)Deceased Biological or Legally Adopted Child not more than eighteen (18) years of age and covered by death certificate:

Funeral donation of Ghs 500.00



ARTICLE 33- WELFARE FUND


Employees can access the Employee Loan Fund in times of need. Additionally, the Employer recognizes the establishment and operation of Employees' own Welfare Fund.



ARTICLE 34- EDUCATIONAL GRANT AND SCHOLARSHIP SCHEME


The employer shall provide scholarship/ educational support scheme to benefit three registered children of all unionized employees of the company every year up to tertiary level for both Junior and senior staff. The choice of those to qualify for the support shall be determined by the company based on a set of criteria to be determined by the company.



ARTICLE 35- CERTIFICATE OF SERVICE


The Employer shall upon request give a certificate of service to any employee who leaves its service.





PART 7 - OBLIGATIONS OF THE PARTIES



ARTICLE 36- 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 of the company, for Union meetings provided that such meetings or gatherings are not held during official working hours without permission.

b)The Employer shall allow representatives or officials of the branch, who shall not normally exceed two in number from the Employer, on working days to attend meetings of the National Executive Council, Annual Delegate Conference, Emergency Delegate Conference and not more than three in the case of Educational Programs of the Union provided that the union normally notifies the Employer at least two weeks before the date of such meetings, stating the names of the employees to be given leave. However, any such conference or meeting shall not exceed three days except for special programs in which case the Employer's permission would be required.

c)Such employees shall not suffer any deductions from wages or salaries for the period of permission for such meetings.



ARTICLE 37- GRIEVANCE AND DISPUTE HANDLING PROCEDURES


It is recognized that there are two kinds of dispute which might develop between the Union and the Employer during or at the expiration of this agreement. The first kind of possible dispute will be termed herein as "Grievance".

The second kind of possible dispute will be termed herein as "Trade Dispute". It is the purpose of this Article to provide procedures where by the parties can be assured of prompt and equitable settlement of all such disputes.


a)Grievance Procedure

If the employee has a grievance or problem pertaining to the interpretation or administration of this Contract, the following procedure shall be followed:

1.He shall first seek a timely redress through his immediate Superior, Sectional Head, Supervisor or Foreman.

2.If the Employee is not satisfied with the decision he receives in (1) above or if he does not receive a timely answer, he shall refer the matter to the Sectional Steward who will re-discuss the matter with the said Foreman or Supervisor for settlement within two (2) days.

3.If the matter is not resolved as in (2) above, the Sectional Steward shall refer the matter to the Branch Secretary who would seek redress from the Field Manager/Department Head.

4.If satisfaction is not received in (3) above, the matter shall be referred to the Administrative & Human Resource Manager of the Employer for solution.

5.The Complainant, if not satisfied with (4) above, shall refer the matter in writing to the Regional Industrial Relations Officer of the Union who shall confer with the Administrative & Human Resource Manager for amicable solution.

6.If the matter is not resolved as in (5) above, it shall be referred to the Standing Negotiating Committee.

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

The Complainant shall have the right to be present at all levels if he so wishes and or accompanied by a representative or companion.


b)Trade Dispute Handling Procedure

(i)Settlement by negotiation

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

(ii)Settlement by Mediation

1.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 National Labour Commission (NLC) and seek assistance of the Commission for the appointment of a mediator.

2.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 orderthe partiesto comply with those procedures within such time as the Commission may determine.

3.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.

4.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 writing and signed by the mediator and the parties to the dispute.

5.The settlement agreement referred to in sub-section (4) above shall be binding on all the parties unless the agreement states otherwise.

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



ARTICLE 38- SALARY AND WAGES SCALE


The Grade Classification and Lines of progression and the salary and wages scales attached as Appendices "A" and "B" respectively to this Agreement are agreed in so far as they refer to employees in respect of whom th-e Union is empowered to negotiate.




FOR AND ON BEHALF OF PLANTATIONS SOCFINAF GHANA (PSG) LIMITED

FOR AND ON BEHALF OF THE GENERAL AGRICULTURAL WORKERS' UNION OF TUC,GHANA.                       

GEORGE QUARTENG-MENSAH

MANAGING DIRECTOR

PLANTATIONS SOCFINAF GHANA (PSG) LIMITED

EDWARD KAREWEH

GENERAL SECRETARY

GENERAL AGRICULTURAL WORKERS' UNION

(GAWU)

PATRICK GRUSLIN

FINANCE MANAGER

PLANTATIONS SOCFINAF GHANA (PSG) LIMITED

ANDREWS ADDOQUAYE TAGOE

DEPUTY GENERAL SECRETARY

GENERAL AGRICULTURAL WORKERS' UNION

(GAWU)

EMMANUEL TETE DARKO

ADMIN/HR MANAGER

PLANTATIONS SOCFINAF GHANA (PSG) LIMITED

GEOFFREY ZOTTOR

LOCAL UNION CHAIRMAN

GENERAL AGRICULTURAL WORKERS' UNION (GAWU)

 

2023_ CA Junior Staff_PLANTATIONS SOCFINAF GHANA LIMITED - 2023

Start date: → 2023-01-01
End date: → 2025-12-31
Name industry: → Agriculture, forestry, fishing
Name industry: → Growing of fruit, nuts, beverage and spice crops, Other
Public/private sector: → In the private sector
Concluded by:
Name company: → 
Names trade unions: →  GAWU - General Agricultural Workers Union of Ghana Trades Union Congress

TRAINING

Training programmes: → Yes
Apprenticeships: → No
Employer contributes to training fund for employees: → No

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 100 %
Maximum days for paid sickness leave: → 270 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → No
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

HEALTH AND SAFETY AND MEDICAL ASSISTANCE

Medical assistance agreed: → Yes
Medical assistance for relatives agreed: → Yes
Contribution to health insurance agreed: → No
Health insurance for relatives agreed: → No
Health and safety policy agreed: → Yes
Health and safety training agreed: → Yes
Protective clothing provided: → Yes
Regular or yearly medical checkup or visits provided by the employer: → No
Monitoring of musculoskeletal solicitation of workstations, professional risks and/or relationship between work and health: → No clear provision
Funeral assistance: → Yes
Minimum company contribution to funeral/burial expenses: → GHS 1000.0

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 12 weeks
Job security after maternity leave: → No
Prohibition of discrimination related to maternity: → No
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → Yes
Workplace risk assessment on the safety and health of pregnant or nursing women: → No
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → No
Time off for prenatal medical examinations: → Yes
Prohibition of screening for pregnancy before regularising non-standard workers: → No
Prohibition of screening for pregnancy before promotion: → No
Facilities for nursing mothers: → Yes
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → Yes
Leave duration in days in case of death of a relative: → 5 days

GENDER EQUALITY ISSUES

Equal pay for work of equal value: → Yes
Special reference to gender for pay equality: → Yes
Discrimination at work clauses: → Yes
Equal opportunities for promotion for women: → No
Equal opportunities for training and retraining for women: → No
Gender equality trade union officer at the workplace: → No
Clauses on sexual harassment at work: → Yes
Clauses on violence at work: → Yes
Special leave for workers subjected to domestic or intimate partner violence: → No
Support for women workers with disabilities: → No
Gender equality monitoring: → No

EMPLOYMENT CONTRACTS

Trial period duration: → 180 days
Severance pay after 5 years of service (number of days' wages): → 300 days
Severance pay after one year of service ((number of days' wages): → 60 days
Part-time workers excluded from any provision: → No
Provisions about temporary workers: → No
Apprentices excluded from any provision: → No
Minijobs/student jobs excluded from any provision: → No

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per week: → 40.0
Working days per week: → 5.0
Paid annual leave: → 20.0 days
Paid annual leave: → 4.0 weeks
Rest period of at least one day per week agreed: → No
Provisions on flexible work arrangements: → No

WAGES

Wages determined by means of pay scales: → No
Adjustment for rising costs of living: → 

Premium for evening or night work

Premium for evening or night work: → 110 % of basic wage
Premium for night work only: → Yes

Payment for standby work

Payment for standby work Sundays only: → No
Payment for standby work all days per week: → Yes

Extra payment for annual leave

Extra payment for annual leave: → GHS 100.0

Premium for overtime work

Premium for hardship work

Premium for hardship work: → 10% of basic wage

Meal vouchers

Meal vouchers provided: → Yes
Meal allowances provided: → No
Free legal assistance: → Yes
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