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 Senior Staff 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, 2024 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.

PART ONE

ARTICLE 1 – OBJECTIVE & SCOPE OF AGREEMENT

(A)Objective

The parties to this Agreement, bearing the common responsibility for the successful operation of Plantations SOCFINAF Ghana (PSG) Limited (herein referred to as the EMPLOYER) 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 employee.

(B)Scope

This Agreement shall apply to all employees who are Senior Staff of PSG. All such employees shall become and remain members of the UNION in good standing.

ARTICLE 2 – INTERPRETATION OF AGREEMENT

If the interpretation of any part of this Agreement is disputed and the Standing Negotiating Committee cannot reach an Agreement, the item in dispute shall be dealt with by National Labour Commission in accordance with the provisions of the Labour Act 2003, Act 651 or any other enactment thereafter.

ARTICLE 3 – RECOGNITION OF UNION

The EMPLOYER recognises the General Agricultural Workers’ Union (GAWU) of TUC (GHANA) as the representative Trade Union for the purpose of contracting agreement in matters of salaries and conditions of employment and non-employment and all other fringe benefits for all senior staff employees of Plantations SOCFINAF Ghana (PSG) Limited referred in Article 1 (B) above.

ARTICLE 4 – DEFINITIONS

A.For the purpose of, and throughout this Agreement, the term “EMPLOYER” shall be used in the Agreement to mean the “COMPANY”

B.For the purpose of, and throughout this Agreement, the term “UNION” shall represent General Agricultural Workers’ Union (GAWU) of TUC, Ghana.

C.“Employees” shall apply to all employees of the rank of Senior Staff for whom the UNION is empowered to negotiate.

D.“Basic salary” 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.“Hazard” is having the nature and capability of impairing an employee’s health.

ARTICLE 5 – 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 any adjustment that may be necessitated by the enactment and incorporate them into the agreement.

ARTICLE 6 – UNION SHOP

Since the UNION represents, and the Agreement covers all the senior staff employees of Plantations SOCFINAF as defined in Article 1 (B) of this Agreement, it is recognized that they shall all participate in the democratic decision making of the UNION and contribute their share to the cost of such representation.

ARTICLE 7 – CHECK OFF

A.Each month, the EMPLOYER shall deduct 2% from the pay packet of each UNION member, as an amount of the Union’s regular monthly dues.

B.The Union Dues so deducted shall be remitted along with the names and total number of employees from whose pay the deductions were made in the proportion stipulated by the NATIONAL UNION to:

(i) The Trade Union Congress, Ghana: 15%

(ii) The National Secretariat of the General Agricultural Workers’ Union: 65%

(iii) The Local Union: 17.5%

(iv) The Regional Secretariat (GAWU): 2.5%

PART TWO – ENTERING THE SERVICE OF PLANTATIONS SOCFINAF GHANA (PSG) LIMITED

ARTICLE 8 – ENGAGEMENT AND PROBATIONARY PERIOD

(A)Any person employed under this agreement, shall be informed in writing at the time of his/her engagement of the following:

(i)Grade

(ii)Initial pay or salary

(iii)Whether on probation or otherwise

(B)Not less than twenty (20) copies of the signed Collective Agreement shall be given to the Local Union, a copy of which shall be available at each Section or Estate and accessible to all employees.

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

(E)The Employer may extend or reduce the period of probation in each individual case subject to section (C) and (D) above.

(F) All employees shall be required to undergo basic medical examination conducted by a qualified medical doctor designated by the Employer as a condition for their employment.

(G)The Employer is committed to the eradication of child and forced labour.

The employer shall in conjunction with the UNION take necessary action to ensure that child and forced labour is absent from the company.

ARTICLE 9 – INDIVIDUAL CONTRACT

No employee covered by this Agreement shall be compelled or allowed to enter into any contract or agreement with Plantations SOCFINAF Ghana (PSG) Limited covering the conditions of employment 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)When an employee is required to perform work, which carries an incremental scale, he/she will receive an increment annually, unless he/she has received notice of the increment being withheld on established grounds of unsatisfactory work or conduct.

(B)An employee may be awarded more than one increment at the discretion of the EMPLOYER.

(C)27 days shall be used in the determination of an employee’s salary.

(D)All incremental adjustments shall be at the beginning of the incremental year, which shall be January of every calendar year.

(E)Should an increment not be awarded for certain reasons, the Union should be informed before the beginning of negotiations.

ARTICLE 11 – PROMOTIONS

(A)Promotions to higher grades shall be by merit tempered with seniority where merit is equal. Merit shall be made on job performances, initiative, demonstrated potential for advancement, good conduct and skills required for the new position.

(B)Where vacancies exist, the EMPLOYER will give first consideration to suitable candidates chosen from its serving employees.

(C)In the event of new posts being created within the establishment, such posts will be circulated for suitable and qualified serving employees to apply.

PART THREE – WORKING RULES OF THE SERVICE

ARTICLE 12 – WORKING HOURS

(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 recognised rest which shall form part of the working hours, provided the rest period is not less than thirty (30) minutes.

ARTICLE 13 – OVERTIME/ EXTRA DUTY ALLOWANCE

(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 if the operations of the company so dictate 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:

ii.Some Plantations Supervisors whose activities require to be paid COA shall receive 20% of their basic as COA.

iii.Monday – Friday:

No overtime for Senior Staff Local Union Members, for any extra hours worked beyond the standard hours of work.

iv.Saturday Work:

Extra Duty Allowance (EDA) of 4.5% of one’s basic salary is earned for a minimum of 5 hours of work.

An EDA of 9% of basic salary is earned for a minimum of 5 hours of work.

ARTICLE 14 – DISCIPLINE

PART ONE

Any act on the part of an employee which affects the reputation of the EMPLOYER, or its operations or work environment may render him or her liable to disciplinary action. Disciplinary measures shall be taken in accordance with the gravity of the offence and only after the employee has been granted full opportunity of defence orally, and or in writing, and or before a disciplinary committee. The Local Union shall be furnished with copies of all disciplinary actions involving its members. The following shall constitute disciplinary sanctions within the company:

A.SUMMARY DISMISSAL

The grounds for summary dismissal include:

(i)Proven misconduct by the Disciplinary Committee, or as determined by management such as dishonesty, bribery, stealing, fraud, and gross insubordination, drunkenness at work, fighting on Company’s premises including residential areas, using, possessing or under the influence of banned drugs like Indian hemp, cocaine, heroin etc on duty with proven intent and gross negligence.

(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.

(IV) Unauthorized disclosure of vital company information to a third party

(a)The EMPLOYER shall have a policy on sexual harassment which should be made known to the employees and the UNION. The employer shall operate a zero tolerance for any form of sexual harassment in the workplace.

(b) All incidents of sexual harassment shall be taken seriously and addressed promptly through investigation of allegations. An employee found guilty of sexual harassment shall be summarily dismissed.

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

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

B.TERMINATION OF APPOINTMENT

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)Violation of commonly accepted safe working practice or Company Regulations leading to exposing an employee to serious injury.

(viii)Vacating post for five (5) consecutive working days or seven (7) cumulative working days within a month without due permission shall attract termination of the employees’ appointment.

(ix)By the Employer because of the inability of the Worker to carry out his/her work due to:

(a)Sickness or accident.

(b)The incompetence of the worker.

(c)Proven misconduct of the worker.

II. Suspension without Pay.

The following shall constitute grounds for suspension without pay.

I.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 days and not exceeding ten days suspension without pay.

II.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 days and not exceeding five days suspension without pay.

III.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 days and not exceeding five days suspension without pay.

IV.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 days and not exceeding ten days when he/she commits a further/same offence. On the fourth offence, he/she may be liable to dismissal.

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

VI.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.

VII.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.

VIII.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 days and not exceeding ten days suspension without pay.

IX.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.

X.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 employer shall have the powers to commute a termination/dismissal offence to suspension.

D.WRITTEN WARNINGS

Written warning will be issued for minor offences and misconducts.

(i)When the conduct of an employee becomes unsatisfactory, a written warning may be given. Two 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 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 be ignored.

(iv)The Employee will have the opportunity to read or have someone read and explain to him/her the warning 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 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.

PART TWO

A.DISCIPLINARY COMMITTEE

(i)A Disciplinary Committee made up of representatives of Management and Local Union shall be put in place to investigate cases of employees who are alleged to have committed an offence. 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 committee shall present its findings and recommendations to Management. Although, the final decision rests with Management, the Local Union shall be duly informed of Management’s decision.

(ii)Failure to appear before the Disciplinary Committee

An employee who is offered the opportunity (3 times through writing) to appear before the Disciplinary Committee (DC) to assist in its investigations and without any tangible reason fails to turn up shall be deemed to have forfeited his/her right to defend him/herself.

The DC shall proceed to present its recommendations to Management on the appropriate sanctions to be meted out to the offending employee. 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 employer shall have the final authority to act on the recommendation and shall accept, alter or reject the recommendation.

B.Letters On Disciplinary Measures

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

C.Confidentiality

The UNION, for the purposes of promoting the smooth and speedy negotiations, may apply to the Employer for information and shall not disclose same to a third party without a written permission from the Employer where the said information is not already known to the public.

ARTICLE 15 - LEGAL COUNSEL FOR EMPLOYEES

The Employer shall provide legal counsel including bail for an employee who in the course of his/her official duties and acting within the powers and authority conferred on him/her by the Employer gets into conflict with the law.

ARTICLE 16 – TRANSFER

All employees shall accept to be transferred and shall serve the EMPLOYER in Ghana.

(A)Permanent Transfer:

(i)Permanent transfer shall be a transfer intended to exceed six (6) months and as far as possible transfer shall be so arranged to coincide with the school year. However, the employer may help in securing accommodation for the transferred employee in the form of rent advance. Loan limits shall be` left at the Employer’s discretion to allow for flexibility due to differences in location.

(ii)The Employer shall give at least one (1) calendar months’ notice where possible to the Employee it wishes to transfer permanently.

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

(iv)The Employer shall pay for the cost of transportation of the employee’s registered dependants and belongings.

(v)The employee shall be entitled to an inconvenience allowance of one month of his/her basic pay.

(B)Temporary Transfer

(i)Employees who are temporarily transferred shall be provided with transport or travelling costs by the Employer and refunded same where the employee was made to bear the travelling or transport cost.

(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)The Employer would pay the travel expenses of the employee on temporary transfer of more than one month locally to visit his family once a month.

(C)External Attachment (Short Term)

(i) An employee sent on an official assignment outside Ghana shall continue to have his salary paid in Ghana during his/her absence.

(ii) The EMPLOYER shall bear the accommodation and food costs of the employee while on such course or attachment outside the country.

(iii) The EMPLOYER shall pay US$ 15.00 per day to the employee as cost of incidentals.

ARTICLE 17 – LEAVE GENERAL

A.Paid Annual Leave

i.The Employer shall in consultation with the employee prepare a full leave roster annually showing dates the employees are to proceed on leave and the number of days leave for each employee. This roster shall be made available to employees through their respective HODs.

ii.Paid Annual Leave shall normally be taken consecutively except where exigencies of the work demand, and the Employer requires the employee to work during the employee’s period of leave in which case leave days equal to the number of days spent shall be credited to such employee.

iii.In normal circumstances, the Employer shall give at least one (1) week notice of its intention to request an employee to defer his leave.

iv.Leave days shall not include Saturdays, Sundays and Public Holidays.

v.No employee shall forfeit his/her leave.

vi.All Senior Staff shall be entitled to the following as Annual Leave:

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

vii.On leaving the Service, the Employee shall be granted earned leave not taken or payment in lieu thereof in proportion to the number of months served.

B.Leave Recall Allowance

An employee may be requested to interrupt his leave due to exigency of his work. However, he 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 half of his leave travel allowance as Recall Allowance.

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

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

b.Maximum period on Half Salary …………. Fourth, Fifth and Sixth 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.

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

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

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

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

At the end of the Sixth 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 32 (B) of this Agreement.

(iv)If an employee is prevented by ill health, duly certified by a registered medical practitioner, from returning to duty at the end of his leave, he shall be regarded as absent on sick leave from the expired date of his annual leave. In this case, the employer must be notified within three (3) working days following the end of the leave.

(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, may be treated as occupational injury depending on the circumstances and after a final report is submitted to the Employer by the Accident Committee.

D.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.

Wife/Husband ……..…………..............................……10

Biological parents ………………………………………..7

Children ……………………………………………………7

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

(iii)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.

E.Maternal Protection.

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

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 to breast feed her baby. Any extension beyond one (1) hour shall be at the discretion of the Employer.

b)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.

c)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

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

ARTICLE 19 – OCCUPATIONAL SICKNESS AND ACCIDENT

(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 1987 and 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.

(iv)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 32 (B) in this Agreement. This will be in addition to other benefits provided for under the Workmen’s Compensation Law, 1987, and any other subsequent enactment.

ARTICLE 20 – MEDICAL FACILITIES

(A)Treatment of Employees and their Dependants

(i)The medical facilities available at the Employers Medical Center or other government/public hospitals or clinics shall be made available to employees and their registered dependents of one (1) spouse and three (3) children or legally adopted children who are less than 18 years or show proof of High School schooling should they be 18 years or older.

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

a)Investigations, treatment, surgery for obesity and its sequelae

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

c)Artificial insemination and invitro fertilization; Hormone replacement treatment.

d)Attempted Suicide and its consequences or intentional self-injury

e)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.

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

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

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

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

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

k)Renal dialysis

l)Organ transplant.

m)Cryopreservation, implantation or re-implantation of living cells or living tissues.

n)Abortions, except where there is an immediate threat to the life of the mother.

o)Diagnosis and treatment overseas.

p)Injuries resulting from riots and illegal demonstrations.

q)Slimming preparations.

r)VIP Ward accommodation.

s)Cardiac/Heart/Brain Surgery

t)Cancer Treatment

u)Spinal Surgery

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

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

(v)First Aid kits shall be made available in the employer’s camps and work places to take care of emergency cases at all times.

(vi)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.

(vii)In cases of emergency outside working hours or during holidays, the Employer shall bear the cost of medical treatment of an employee on presentation of a genuine medical certificate from a government/public health facility.

(B)Traditional Treatment

An employee may be permitted to seek treatment for an ailment from a recognized traditional/herbal facility (healer) and the cost refunded by the employer.

ARTICLE 21 – HOUSING & TRANSPORT FACILITIES

(A)The Employer shall endeavour to provide its employees with accommodation at a proximity to the place of work, but where such accommodation is not available, the Employer shall endeavour to provide transportation to its Employees to and from place of work where the worker resides more than two (2) kilometres outside the plantation.

(B)Housing Allowance: An employee who is not housed by the Employer or does not reside in PSG estate shall be paid two Hundred and fifty Ghana Cedis (GHS 250.00) for supervisor, two hundred cedis (Ghs 200.00) for Assistant supervisor, six hundred cedis (Ghs 600.00) for employees in Accra office. These payments will cover rent and water.

ARTICLE 22 – SUPPLY OF TOOLS

The Employer shall be responsible for the supply of its Employees with working tools and that always 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 23 – OCCUPATIONAL HEALTH, SAFETY AND ENVIRONMENT

A.General health and safety conditions

i.It is the duty of an Employer to ensure that every worker works under satisfactory, safe and healthy conditions.

ii.Without limiting the scope of subsection (i) an employer shall

a)Provide and maintain at the workplace, plant and system of work that are safe and without risk to health.

b)Ensure the safety and absence of risks to health in connection with use, handling, storage and transport of articles and substances.

d)Take steps to prevent contamination of the workplace by, and protect the workers from toxic gases, noxious substances, vapours, dust, fumes, mists and other substances or materials likely to cause risk to safety or health.

f)Provide separate, sufficient and suitable toilet and washing facilities and adequate facilities for storage, changing, drying and cleansing from contamination of clothing for male and female workers.

(g) Provide adequate supply of clean drinking water at the workplace.

iii.It is the obligation of every worker to use the safety appliances, fire-fighting equipment and personal protective equipment provided by the employer in compliance with the employer’s instructions.

iv.An employer shall not be liable for injury suffered by a worker who contravenes subsection (iii) where the injury is caused solely by non-compliance by the worker.

B.Exposure to imminent hazards

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

ii.An employer shall not dismiss or terminate the employment of a worker or withhold any remuneration of a worker who removes himself/herself from this imminent and serious danger to save his/her life or health.

iii.An employer shall not require a worker to return to work in circumstances where there is a continuing imminent and serious danger to the life, safety or health of the worker.

C. Employer to report occupational accidents and diseases

An employer is required to report as soon as practicable, and not later than seven days from the date of the occurrence to the appropriate government agency, occupational accidents and diseases, which occur in the workplace.

The Employer and the UNION acknowledge the reality of climate change and note that it is threatening quality of life on the planet. Both parties agree with the scientific evidence that climate change is a result of unsustainable production and consumption pattern and lifestyles.

The Employer commits to developing a policy on climate change with the active participation of the workers and their organization. Such a company policy on climate change shall among others, seek to:

Raise awareness on climate change.

Develop capacities for reducing the negative impact of climate change on people, the communities and the operations of the company.

Promote collaboration with the UNION and other stakeholders to promote sustainable production and consumption patterns that contribute to reducing global warming.

ARTICLE 24 – IN SERVICE TRAINING/RECREATION

(A)To meet the operating needs of the Company, the Employer undertakes to give trainable and hardworking employees the opportunity to develop their potentials through training. The Employer undertakes as far as possible to provide training for employees which would enable them to be competent in the performance of their duties.

(B)A confirmed employee desirous of furthering his education in a higher institution either locally or overseas in disciplines relevant to his area of work may on application be granted study leave with or without full pay. Such leave shall not exceed two (2) years.

(C)Where the Employer sponsors an employee for further studies, the employee will serve a bond upon his return from the studies. The period of the bond shall be three years.

(D)Where the employee leaves the Company before the completion of his bond, he shall be called upon to pay a sum equivalent to two times the amount of the remaining bond period.

ARTICLE 25 – 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 26 – EQUAL PAY FOR EQUAL WORK

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

ARTICLE 27 – PAY DAY

The Employer shall endeavour to pay the Employees’ wages and salaries not later than the last working Day of the current month. In case, there is any unforeseen circumstances not permitting the Employer to effect payment of Wages/Salaries on the last working day of the month; the Union MUST be informed accordingly before end of the current Month.

ARTICLE 28

(A)Confirmation Upon Acting

Where an employee acts in a position for more than 10 months without the appointment of a substantive officer, the employee will be promoted to the next level or grade.

(B)Out – of – station & Day Trip 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:

(i)Lodging/Hotel Allowance

Ghs 250.00 per night in the regional capitals.

Ghs 200.00 per night in the non-regional capitals.

(ii)Off Plantation Food Allowance

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 20.00 (if the employee departs the plantations before 6:30 am)

Lunch Ghs 40.00 (if the employee returns to the plantations after 1:00 pm)

Dinner Ghs 40.00 (if the employee returns to the plantations after 7:00 pm)

(C)Travelling and Transport Expenses

Transport expenses incurred by an Employee who travels outside PSG premises on duty by means of a public transport shall be reimbursed at current local rates.

PART FOUR

ARTICLE 29 – LEAVING THE SERVICE OF THE EMPLOYER

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

1.By termination of appointment or summary dismissal

2.On reaching the superannuation age - old age (Pension)

3.On being declared redundant

4.On resignation of appointment

5.Retirement on medical grounds

6.Upon incidence of death

7.At the request of the state to take up post

8.When the Employer ceases to operate, but not when an employee remains in employment and the terms and conditions are the same.

ARTICLE 30 – RESIGNATION AND TERMINATION OF APPOINTMENT

(A)Termination

In the event of termination of appointment on grounds other than summary dismissal, a notice period of one (1) month is required or one-month basic salary in lieu of the notice from the party that initiates the exit except an employee on probation where the notice period is seven (7) days or 7 days basic salary in lieu of notice.

(B)Resignation

An Employee shall be required to give one (1) month notice to the Company in the event of resignation of appointment or pay one-month basic salary in lieu of the notice.

C) Repatriation

i). A confirmed employee whose employment services are terminated for reasons of statutory retirement and or medical grounds (death, incapacitation etc.) and excluding summary dismissal, termination and resignation, shall be repatriated, to his/her last Ghana registered home address with the company. The employer will provide transport or cash in lieu of actual transport cost for the employee, his spouse and three registered children below the age of 18 years and their personal belongings. For school going children up to high school over 18 years of age but below 21 years of age, who are proven to be in school shall fall under this provision.

ii) An Employee whose services are terminated based on the reasons in ‘C’ above shall be repatriated by the company to his/her last Ghana registered home address with the company on an amount as indicated below:

0 – 100km - GH¢ 1,000

101 – 200km - GH¢ 2,000

201 – 300km - GH¢ 3,000

300km and above - GH¢ 5,000.

ii) An Employee who exits based on the reasons in ‘C’ above shall leave the employer’s accommodation within 15 calendar days after showing proof of signing off all inventories of the employer before entitlements (if any) are paid.

iii) An Employee who resigns voluntarily shall leave the employer’s premises at least immediately after having been paid all his entitlements, paying of entitlement shall be subject to handing over of the entire employer’s property and signing off of all inventories, including inspection of the accommodation facility occupied by the employee.

Iv) An Employee who resigns must leave the Employer’s premises within fifteen (15) days. Any extension should be at the discretion of the Employer.

In cases of retirement and redundancy, the employee leaves the premises within thirty (30) days.

(E)The Employer shall, upon request, give letter of attestation of service to any of its Employees who leave the service.

ARTICLE 31 – REDUNDANCY

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)Adverse financial results;

c)Reduction in the volume of work;

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

The Employer shall give the Union three (3) months’ notice of the contemplated changes 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 shall 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, services and skills that are obsolete or no longer needed (which shall be determined by the Employer and the Association Union is informed accordingly) and relative efficiency which shall be decided by the Employer. Provided that where these three 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.

(v)Before an employee is declared redundant, every effort will be made to provide him or her with alternative employment within his or her grade and capability.

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.

Employees undergoing treatment as a result of job-related injuries and sickness shall be treated before been declared redundant.

(C) Leave Pay on Leaving the Service of the Employer

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

(ii)When an employee leaves the service of the Employer, he 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 two (2) months’ pay for each year of service and proportionate thereof from the date of first appointment.

ARTICLE 32 – FUNERAL GRANTS

Death of Serving Employee

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 successor, evidenced by Letters of Administration or probate of a Will.

A.Deceased Employee

Should an employee die while in the active service of the company, a Death Benefit shall be paid to his/her registered spouse and or beneficiary (ies) as follows:

In addition to the above, the employer shall provide Ghs 1,000.00 towards the provision of a coffin or shroud and an additional funeral donation of Ghs 1,500.00.

B.If the death is as a result job-related circumstances, in addition to the above, the company provides the following:

I.Ghs 1,500.00 to be provided to the bereaved family to take care of the mortuary costs and the costs of transporting the corpse to the deceased’s hometown for burial.

II.The employer provides Ghs 5,000.00 to the bereaved family to take care of extra funeral expense.

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

C.Death of Dependant.

a)On the death of an Employees registered Spouse or registered dependant, the Employer shall pay cash donation to the bereaved family as follow:

Registered Spouse – GH¢ 2,000.00

Registered Parent - GH¢ 1,000.00

Registered Children – GH¢ 1,500.00

ARTICLE 33 – LONG SERVICE AWARD

There shall be one-month basic salary as long service award for workers with 10 years of service and two-month basic salary for those with twenty (20) years of service.

ARTICLE 34 – 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 premises at the worksite of the Employer for Union meetings provided that such meetings or gathering are not held during official working hours without permission.

(B)The Employer shall allow Representatives or officials of the Local Union to attend meetings of the National Executive Council, Regular Delegates Conference, Emergency Meetings and Executive Programmes of the Union, provided that the Union formally gives the Employer reasonable notice.

ARTICLE 35 – GRIEVANCE & TRADE DISPUTE PROCEDURES

(A)It is recognised that there are two (2) 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. “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 disputes.

(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 receives in one (i) above, or if he does not receive a timely answer, he shall refer the matter to the Executives of the Local Union who will re-discuss the matter with the said Management Representative for settlement within three (3) days.

(iii)If the matter is not resolved as in B ii (above, the Local Union Executives 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 (iii) above the matter shall be reduced in writing and shall lie before the Regional Industrial Relations 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 so wishes.

(vi)If the matter is not resolved between the Regional Industrial Relations Officer of the Union and Admin/HR 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, recourse to voluntary Arbitration shall be made, after which the matter shall be dealt with in accordance with provisions of the Labour Act 2003, Act 651 with a view to resolving it.

Resort to Internal Grievance mechanism.

(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 the provisions of the Labour Act 651, 2003, Section 108, with a view to resolving it.

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

GEORGE QUARTENG-MENSAH, MANAGING DIRECTOR

PATRICK GRUSLIN, FINANCE MANAGER

EMMANUEL TETE DARKO, ADMIN/HR MANAGER

FOR AND ON BEHALF OF THE GENERAL AGRICULTURAL WORKERS’ UNION OF TUC, GHANA. (GAWU)

EDWARD KAREWEH, GENERAL SECRETARY

ANDREWS ADDOQUAYE TAGOE, DEPUTY GENERAL SECRETARY

ASAFO-AGYEI KANTANKA, LOCAL UNION CHAIRMAN