Part One: General Basis of Agreement

Preamble

THIS AGREEMENT on Salaries, Wages and minimum Conditions of Service made this 1st day of January 2024 between the GHANA OIL PALM DEVELOPMENT COMPANY LIMITED (hereinafter referred to as “THE COMPANY”) and the GENERAL AGRICULTURAL WORKERS UNION OF TUC (hereinafter referred to as the “UNION”) officially certified under the Labour Act 2003, (Act 651) as negotiating body, provides for the terms and conditions of employment and non-employment and the Conditions of Labour which shall apply to all employees of the said COMPANY for whom the UNION has been certified to negotiate.

The Company and GAWU are committed to ensure that all Negotiations with regards to wages and or Collective Bargaining Agreement will be completed before the end of the first quarter of every financial year.

Article 1- Objective and Scope of Agreement

(a)Object

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

(b)Scope

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

(c) Exemption

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

Article 2-Interpretation of Agreement

If the interpretation of any part of this Agreement is disputed and agreement cannot be reached by the Standing Negotiating Committee in terms of the appropriate procedures set out in this Agreement, the term in dispute shall thereafter be dealt with in accordance with the provisions of the Labour Act 2003 (Act 651) Part XVIII, Sub Part II or any other enactments thereafter.

Article 3- Recognition of Union

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

Article 4-Definitions

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

(i)“EMPLOYER” shall be used in this Agreement to mean the “COMPANY”.

(ii)Graded Staff shall apply to all employees covered by this Agreement who are on permanent establishment of the COMPANY and whose basic pay is expressed as an amount per annum.

(iii)“EMPLOYEE” shall apply to all employees for whom the UNION is empowered to negotiate.

(iv)“SALARY/WAGES” means substantive consolidated basic pay and does include acting or any other allowances not consolidated

(vi)“CASUAL WORKER” shall mean any person engaged on a work which is seasonal or intermittent and not for a continuous period of more than six months and whose remuneration is calculated on a daily basis

(vii)“A DAILY RATED EMPLOYEE” is the one whose monthly basic pay is calculated on the basis of 27 days. (Reference Executive Instrument No.34 of 1966)

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

(ix)“HAZARD” having the nature and capability of impairing on employees’ health immediate and cumulative effect.

(x)“RISK” any situation which has the potential of causing direct injury.

(xi)“SPOUSE” means an employee’s wife or husband.

(xii)“CHILDREN” means an employee’s own issue or legally adopted children, provided that such children are not over 18 years of age and are not in full employment. A child who is above the age of 18 years and is still a student up to the first degree level or its equivalent qualifies as a child.

Article 5-Period of Validity

(a)i. This Agreement shall come into force and operate from 1st of January, 2024 and remain in force for a period of not less than 2 years from that date.

ii.Any time after One (1) year and Six (6) months of the life of this Agreement, either party to this Agreement may give the other one (1) month’s notice in writing, expressing its wish for this Agreement to remain in force for another period to be agreed upon between the two parties at the time or its intention to terminate the Agreement.

iii.Wages and all financial aspects shall be reviewed annually.

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

(b)Notwithstanding the provision of (a) (i) above, if any Statutory Regulations affecting the implementation of this Agreement are enacted during its life, the parties will meet and on agreement, incorporate them into the Agreement.

Article 6- Union Shop

Since the Union represents and this Agreement covers all the employees of the COMPANY as defined in Article 1 (b) of this Agreement, it is considered that they shall all participate in democratic decision making of the Union and contribute their share to the cost of such representation.

It is therefore agreed that:

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

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

Article 7-Check Off

(a)Each month, the Employer shall deduct from the basic pay of each Union member, an amount of the Union’s regular monthly dues.

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

(i) The Trades Union Congress - 30%

(ii) The National Secretariat of the General Agricultural WorkersUnion (GAWU) - 50%

(iii) The Local Union - 15%

(iv) The Regional Secretariat of GAWU - 5%

Article 8- Child anti Forced Labour

(a)Management is committed to the eradication of child and forced labour in and around the company and within the country as a whole.

(b)Management shall in conjunction with the Union take necessary action to ensure that child and forced labour is absent from within and around the Company.

Part Two : Entering the Service of the Company

Article 9- Engagement and Probationary Period

(a)Every employee shall be informed in writing at the time of his engagement of the following:

(i)Grade

(ii)Initial Basic Pay or Salary

(iii)Whether temporary, on probation or otherwise.

(b)Copies of the Collective Bargaining Agreement shall be given to all Junior Staff workers, a copy of which shall also be displayed on Notice Boards at each place the EMPLOYER employs labour.

(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 appointment.

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

(f)Rules and Regulations

The EMPLOYER shall provide the UNION with copies of its non-confidential, administrative and financial directives issued to general employees from time to time.

Article 10- Individual Contracts

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

Article 11-Annual Increment

(a)When the employee is required to perform work which carries an incremental scale, he will receive an increment annually, unless he 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)All incremental adjustments shall be at the beginning of the incremental year, which shall be 1st January of every calendar year. At any rate, however, any new employee who assumes duty on first appointment nine (9) months prior to the incremental date shall be eligible for increment.

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

(e)When an employee has remain at the top of his/her salary scale for two (2) years, he/she shall be paid gratuity of 50% of his/her monthly salary after every other year provided the employee has not been advised in writing two (2) months before the end of the salary year that his/her increment as been withheld because of unsatisfactory conduct.

Article 12-Promotions

(a)Promotions to higher grades shall be by merit with higher educational certification and tempered with seniority where merit and educational certification are equal.

(b)Where vacancies exist, the EMPLOYER will give first consideration to suitable candidates chosen from its serving employees. Such information shall be posted on the Company’s notice board for staff members to read and be informed about it.

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

Part Three :Working Rules of the Company

(a)The standard hours of work for basic pay shall not exceed forty (40) hours a week. However, due to the seasonal nature of the business, different hours of work shall be prescribed in the year in accordance with Section 34 of the Labour Act 2003, (Act 651).

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

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

Article 14-Overtime

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

(b)All employees are expected to work a reasonable overtime unless they put forward 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:

^1/2 (one and a half time)

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

Article 15- Discipline

(a)Summary Dismissal

The grounds for summary dismissal shall include:

i.Proven misconduct such as dishonesty, bribery, stealing, fraud, drunkenness at work, sexual harassment and fighting on duty.

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 the machinery or property of the EMPLOYER or any serious act that brings the EMPLOYER’S image into disrepute, may rank as gross misconduct.

(a)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.

(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/sexual harassment and gross insurbodination

(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)By the employer because of the inability of the worker to carry out his or her duties due to:

a.Sickness or accident

b.The incompetence of the worker

c.Proven misconduct of the worker

(c)Written Warnings

i.When the conduct of any 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 letters may be issued, and were 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.

(d)Interdiction

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

ii.Suspension without pay

For offences not of high magnitude to justify termination of an employee, he may be suspended from work without pay for not more than six (6) working days.

The EMPLOYER shall provide legal counsel including bail 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.

(f)Absence from work

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

(g)Letters on Disciplinary Measures

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

(h)In the event of a summary dismissal, an affected employee shall be paid his or her accrued benefit such as earned days and employee contribution to Provident Fund as per this agreement.

Article 16- Transfers

(a)All employees shall accept to transfer and shall serve the EMPLOYER anywhere in Ghana. (The Company’s area of operation is Kwaebibirem ,Birim North Districts, Denkyembour District, Tema and Accra).

(b)Permanent Transfer

Permanent transfer shall be a transfer to exceed three (3) months and as far as possible transfer shall be so arranged to coincide with the School Year. Where as a result of the transfer the employee faces difficulty in securing suitable accommodation the EMPLOYER may offer assistance in securing accommodation in the form of rent advance.

(i)The EMPLOYER shall give at least one (1) month’s notice where possible to the employee it wishes to transfer permanently.

(ii)Employees who are transferred and are not provided with the EMPLOYER’S transport shall travel at the expense of the EMPLOYER.

(iii)The EMPLOYER shall pay the cost of transportation of the belongings.

(c)Temporary Transfer

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

(ii)An employee who is on temporary transfer and is housed by the EMPLOYER shall be entitled to his normal out-of-station allowance other than the portion allocated for accommodation.

(iii)An employee who is on temporary transfer and is not housed by the EMPLOYER shall be entitled to his normal rate of out-of-station allowance.

(d) Overseas Travel

An employee who is required to travel outside Ghana on business of the company and it’s neither a permanent nor a temporal transfer shall be paid a pocket money of ten (10) dollars per day. The company shall be responsible for the employee’s accommodation and travel expenses.

Article 17- Leave General

(a)Paid Annual Leave

(i)The EMPLOYER shall prepare a full Leave Roster annually showing date to proceed on leave and the number of days for each employee. This Roster shall be displayed on Notice Boards.

(ii)Paid Annual Leave is earned by the employee only after twelve (12) months’ continuous service with the EMPLOYER. Under exceptional circumstance, and at the discretion of the Employer, an employee may be granted full or proportionate leave equal to a lesser period calculated on the basis of completed months of continuous service.

(iii)Employees may apply to or be requested by the Employer to accumulate leave for not more than two (2) years. If accumulated leave is approved, this shall be taken together.

(iv)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 extra leave days equal to the number of days spent shall be granted.

(v)In normal circumstances, the EMPLOYER shall give, at least two (2) weeks’ notice of its intention to request an employee to defer his leave.

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

(vii)No employee shall forfeit his leave.

(ix)On leaving the service on grounds other than summary dismissal, the employee shall be granted earned leave not taken or payment in lieu thereof in proportion to the number of months served after spending his last leave or after engagement in the case of newly engaged employees.

(x)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. Additionally, the employer shall pay 10% of monthly basic salary as recall allowance.

(b)Sick Leave (Non-occupational accident and sickness)

(i)Sick leave with pay shall be granted to an employee only for days absent due to ill health or injury and upon a certificate signed by a registered medical practitioner appointed by the EMPLOYER except in cases of emergency; a registered medical practitioner recognized by the 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.

 

(iii)In all cases, the granting of a further period of sick leave after the maximum period specified above shall be at the discretion of the EMPLOYERin consultation with the Union to grant a full, proportionate or without pay to an employee so affected.

(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 expiry date of his annual leave. In this case, the EMPLOYER must be notified within four (4) working days following the end of the leave.

In special circumstances and by express consent of the EMPLOYER an Employee may be granted casual (compassionate) leave upon application up to a maximum of ten (10) days within a year and shall not be deducted from annual leave.

(i)Period of Absence

The period of absence on maternity leave shall be covered by Section 57 of the Labour Act 2003 Act 651 and any other subsequent enactment, which provides it.

(iv)The period of Maternity Leave shall be extended for at least two (2) additional weeks where the confinement is abnormal or where in the course of the same confinement two or more babies are born.

(v)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.

(vii)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.

The company shall grant paternity leave not exceeding five (5) w orking days to male employee’s whose wives give birth upon production of relevant information confirming the delivery and the leave days shall be taken within three (3) months of child birth.

A mother who is actually nursing her child shall be allowed to be absent for this purpose for one hour each day for a period of six (6) months after resumption of duty. An extension beyond one hour shall be at the discretion of the EMPLOYER in consultation with the UNION.

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

Article 18- Statutory Public Holidays

Statutory Public Holidays as governed by the Public Holidays Act, 1960 and subsequently amended by the Holidays Decree, 1972 (NRCD 18) and any other subsequent enactment shall be enjoyed with full pay by all employees covered by this Agreement.

Article 19- Workmen’s Compensation

The EMPLOYER shall be responsible for the treatment of employees involved in accidents arising out of and in the course of their employment in accordance with the Workmen’s Compensation Law 1987.

Article 20- Medical Facilities

The Company shall bear the registration costs of a registered staff, his or her spouse and four (4) children or dependants covered by this agreement.

A medical fitness Certificate shall be issued by the Industrial Physician accordingly.

(c)In case of emergency outside working hours or during holidays, the EMPLOYER shall bear the cost of any necessary related transport cost and medical treatment of an employee on presentation of a medical certificate from a recognized Medical Practitioner.

(d)The COMPANY shall bear the cost of lenses for employees once every two years upon submission of a certified document from a medical practitioner.

(e)The EMPLOYER shall bear the maternity cost of a female employee or registered spouse of a male employee of which shall also include cost of delivery through Caesarean Section.

In the case of Caesarean Section, The EMPLOYER shall only bear the cost if;

I.Referred by a certified Medical Doctor

II.Hospital/Clinic for childbirth delivery is a recognised NHIS accredited facility and the employer duly notified in writing.

(f) The EMPLOYER does not bear the cost pertaining to or resulting from the following in the case asterisked except if it is proven to be resulting from employment with the EMPLOYER:

1.“Optical Operation including the supply of Eye Glasses

2.“Dentistry

3."Non prescribed drugs

4."Major surgery

5.*Hearing aids, artificial limbs and otherappliances

6.Social diseases, the treatment of whichisby lawthe sole responsibility of the State.

(f) Periodic Medical Check-Ups

The EMPLOYER in consultation with the Company’s Medical Officer and the Union may indicate areas of employment where employees shall undergo periodic medical check-ups.

(g)Traditional Healing

An employee may be permitted to seek treatment for an ailment from a recognized traditional healer and the cost refunded by the EMPLOYER if a registered Medical Specialist or Consultant within the relevant field certifies to that effect.

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

(i)Hospitalisation of Employee

An employee, registered spouse and four (4) children (as applicable) who are hospitalised and are not provided with meals by the Hospital shall be given meal subsidy of daily minimum wage.

(j)The Company shall bear the cost of transport and the cost of prescribed drugs not available at the company’s Clinic.

Upon referral by GOPDC’s Health Service Provider, transport or the cost of transportation will be provided by the company.

Article 21- Housing and Transport Facilities

(a)The EMPLOYER shall endeavour to provide its employees with accommodation at a close proximity to the place of work. Where such accommodation is not available the EMPLOYER shall endeavour to provide transportation of its employees to and from place of work where the worker resides more than 2 kilometres outside the plantation.

The EMPLOYER shall pay a daily transport allowance of GHC 35.00 to employees working late shifts at the Technical department and those at the Agric department who are not accommodated on the estate and by nature of their work during the peak season close late hours.

The transport allowance shall be paid on a monthly basis.

(b)Subsidized House Rent

An employee who is not provided with accommodation on the Kwae Estate and leaves at Kwae and its surrounding villages, Kade and Okumaning shall enjoy 20% of his/her basic salary as rent subsidy whilst those leaving in Accra and Tema shall enjoy 35% of their basic salary as rent subsidy.

Article 22- Supply of Tools

The EMPLOYER shall be responsible for the supply of working tools including machetes to its employees. At all times these tools shall remain the property of the EMPLOYER. In the event of an employee losing any tool supplied by the EMPLOYER, the employee shall be responsible for the payment of the replacement value of the tool.

Article 23- Safety, Health and Environment

(i)It is the responsibility of Management to ensure a safe and healthy environment, the details of which are enshrined in the Company’s Safety, Health and Environment Policy. The EMPLOYER shall make available to the UNION copies of such policies.

Also information on health and safety shall be known to workers through the notice boards.

Article 24- In-Service Training/Recreation

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

(b)Where an employee is being trained for promotion, he shall be acquainted with the period of such training. He shall also be informed of

(c)the posts to which he may be confirmed or promoted if he successfully completes his training.

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

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

(ii)Where an employee upon seeking preauthorization from the EMPLOYER and through his/her own effort passes an examination conducted by a recognized professional or examination body and which is relevant to his/her job, the EMPLOYER may reimburse the expenses and course fees in respect of the particular examination.

(iii)Employees granted such study leave shall be bonded to serve the EMPLOYER for five (5) years after the end of the study leave.

(f)The EMPLOYER shall endeavour to provide useful reading materials such as magazines, etc., to broaden the employees’ general outlook.

(ii)The EMPLOYER shall institute an educational grant in the form of scholarship to benefit the qualified children on merit basis of the entire workforce who excel and gain admission to the Tertiary Institution.

(iii)There shall be a Scholarship Board composed of EMPLOYER and the representation of the workforce to determine the eligibility of such a child.

(g)Recreation

The EMPLOYER shall encourage the development of organized recreational activities, provide facilities and maintain equipment for the purpose and benefit of his employees.

Article 25- Incentive/Bonus Scheme

Incentive Bonus Scheme to be determined by the EMPLOYER and the UNION based on individual productivity may be established.

i.An annual bonus to be determined by the EMPLOYER shall be paid to employees subject to the approval of the Company.

The criteria for qualifying for the annual bonus shall be determined by the EMPLOYER in consultation with the Local Union and paid to employees in November/December

Incentive Products:

ii.All employees shall be entitled to the following:

• Red Palm Oil( RPO)- 5 litres in March of each year
• Olein- 5 litres in June, September and December of each year.

iii.Special Discount Sales

Employees shall enjoy 5% discount for the purchase of one (1) box of five (5) litre gallon of any company product every quarter.

iv.The EMPLOYER shall work through an already existing shop on the Kwae Estate to act as a retail shop to provide company trading stock at an affordable price to employees.

Article 26- Equal Pay for Equal Work

The EMPLOYER shall recognize the principle of equal pay for equal work irrespective of sex.

Article 27- Pay Day/Salary Advance and Loans

(a)Wages and Salaries of employees shall be paid not later than the last working day of the current month.

(b)Salary Paid in Advance

An employee proceeding on annual leave or transfer may be granted on application salary advance not exceeding One (1) month basic pay. The recovery of such advance shall be at the following month or additional month’s time at the discretion of the EMPLOYER.

(c)Advance For Purchase Of Means Of Transport

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

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

(iii)The repayment of such loans shall be equal monthly instalments of up to four (4) years.

(iv)No employee shall apply for a subsequent advance for the purchase of means of transport until the previous advance has been fully repaid.

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

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

(vii)After the life cycle of a company allocated motorbike and the employer fails to replace the old motorbikes with new ones, the employer shall continue to pay the monthly fuel and maintenance allowance of the motorbike already enjoyed by the employee.The Employer in any event will endeavour to replace the old motorbike with a new one through the Departmental Heads

(viii)Loans for the Purchase of Household Durable Items/Special Loans

The EMPLOYER shall in pursuance of Consumer Credit facilities provided by the Commercial Banks, register for the benefit of its confirmed employees under the Banks’ Loan Scheme for the purchase of household durable items which in the opinion of the EMPLOYER constitute household durable items.

(ix)An employee in an unavoidable financial difficulty such as loss of immediate parent or disaster arising from acts of nature, may be granted special Ioan, of w hich shall not exceed two (2) months’ salary. Such loans shall be recovered in twelve (12) months.

(x) Housing Scheme

The EMPLOYER shall endeavour to establish a Housing Scheme for the benefit of employees. A Committee comprising Management and representatives of the Union shall be constituted to determine the modalities of the Housing Scheme.

Article 28- Allowance General

(a)Acting Allowance

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

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

(iii)An employee who acts in a position outside the Collective Bargaining Agreement shall be paid 30% of his salary for a period of six months. An evaluation would be done within the six months to determine whether to verify the employee’s suitability for the position.

(b)Tools Allowance

Employees who possess their own set of tools for official use continuously shall be entitled to Tools Allowance at the following rate. However, they must ensure that standardized sets of tools are maintained.

(c)Transfer Inconvenience Allowance

(i)Employees who proceed on permanent transfer outside the area of operation at the instance of the EMPLOYER shall be entitled to three (3) months basic salary as inconvenience allowance.

(ii)Employees who proceed on permanent transfer within the area of operation shall be entitled to two (2) months basic salary as inconvenience allowance.

(d)Out-of-Station and Dav Trip Allowance

(i)Night Allowance

An employee who spends a night outside his normal place of work shall be paid two and a half (2.5) times the amount of the daily minimum wage per night for meals where accommodation is provided.

An employee who spends a night outside his normal place of work shall be paid five (5) times the amount of the daily minimum wage per night for meals and accommodation whereby accommodation is not provided.

(ii)Day Trip Allowance

An employee assigned official duties which involve travelling outside his normal workplace and returns the same day shall be paid the daily minimum wage as meals allowance.

(e)Transport Maintenance and Kilometric Allowance

The Employer provides Motor Cycles to Staff whose duty requires the use of such means of transport.

The employer pays an allowance equivalent to the monthly loan deduction plus an allowance to cover fuel and maintenance. The basis of determining the allowance is agreed between the Employer and the Union.

At the end of the economic life of the Motor Cycle normally after Four (4) years, the Motor Cycle becomes the property of the employee.

(f)Travelling and Transport Expenses

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

An employee called for duty outside his normal working hours shall be paid 60% of daily minimum wage per call and extra hours worked at Overtime rate.

(h)Frustrated Work

Where an employee other than a casual worker reports for duty on his normal shift but is ordered to go home by the EMPLOYER due to no fault of the employee, he shall be entitled to a full day’s pay.

Recognising the company’s over aching efforts in reducing the incident of Hazard in compliance with the Labour Law Act 651, Section 118, an employee whose work disposed him/her to a potential hazardous incidents shall be paid a compensatory allowance of 15% of daily minimum wage per duty day.

Determination of other hazard areas shall be by consultation between the Local Union and EMPLOYER and on the advice of the Factory Inspectorate.

Height

An employee working consistently at a height 42 feet and above shall be paid a height allowance of 20% of daily minimum wage per duty day.

Employees who work a complete shift of 8 hours starting from 10.00 p.m. or 11.00 p.m. shall be entitled to night allowance of 35% of daily minimum wage per duty day.

(k)Clothing Allowance

All junior staff workers working at the Technical Services Department, Agric Department and General Services (workshop) shall be paid GH035O per annum as clothing allowance. All other junior staff workers not working at the Technical Services Department, Agric Department and General Services (workshop) shall be paid GH075O per annum as clothing allowance.

All Junior Staff employees without company allocated vehicle shall be paid GHC 400.00 per month as transport allowance.

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

3.On being declared redundant

4.On resignation of appointment

5.Retirement on medical grounds

6.By statutory order

7.Upon incidence of death

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

9.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

(1)In the event of resignation of appointment, an employee shall give notice of resignation or be given notice as indicated below:

(a) Less than 3 years service - Two (2) weeks’ notice or payment in lieu thereof

(b) 3 years’ service and above - One (1) month’s notice or payment in lieu thereof.

An employee whose services terminates after 5 years’ service excluding summary dismissal shall be repatriated to either his/her hometown or original place of engagement. In consultation with the employee, the Company will provide transport, or cash in lieu of transport for luggage, as follows:

0 -100 km : 2 months’ salary

101 - 200 km : 3 months’ salary

Above 200 km : 4 months’ salary

In addition, the prevailing Government/GPRTU rates for the employee and registered wife and children up to seven (7), aged 18 years and below will be paid. The employee will be required to exercise his/her right within one (1) month of leaving the service of the EMPLOYER.

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

(c)An employee who resigns must leave the EMPLOYER’S premises within twenty-one (21) days. An employee who is terminated must leave the EMPLOYER’S premises within fourteen (14) days. Any extension shall be at the discretion of the EMPLOYER.

(d)The EMPLOYER shall upon request, give Certificate of Service to any of its Employees who leave the service

(e)Honorarium:

An employee who reaches the superannuation age and has served the company for 10 years and above shall be considered with grade 4 quality' roofing sheets in addition to a deep freezer with

• 10-20 years of continuous service- 3 packets of roofing sheets

• 20-30 years of continuous service- (20 plus one month) -4 packets of roofing sheets

• 30 and above(30 plus)- 5 packets of roofing sheets.

Article 31- End-of-Service Award

(a)

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 fund,

(c) Reduction in the volume of work.

The EMPLOYER shall give to the UNION three (3) months notice of the proposed number of employees whose services it intends to terminate. During this period, the EMPLOYER undertakes that no lay off on grounds of redundancy shall take place.

On receipt of such information, the UNION shall enter into discussion on the matter.

(ii)Selection of employees who are to be declared redundant shall be determined by length of service, location and relative efficiency by the EMPLOYER in consultation with the UNION.

Where a dispute on an individual case exists and length of service and relative efficiency become equal, conduct and relative efficiency shall be the over-riding factors.

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

Employees declared redundant shall be entitled to payment of Redundancy Award as follows:

One year consolidated basic salary plus one month consolidated basic salary per each year of service from the date of engagement plus long service award if the employee qualifies.

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

When an employee leaves the service of the EMPLOYER on grounds other than summary dismissal, 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 on production of a medical certificate issued by a Registered Medical Officer certified by the employer shall be entitled to three (3) months basic pay for each year of completed service and proportion thereof.

(e)

(i) Next-of-Kin : Beneficiary in the event of death

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

(ii)Rate of Benefit

On the death of a serving employee, the registered Spouse and Children shall be granted Death Benefit of one (1) year basic salary plus long service award if the employee qualifies on the last pay before death evidenced by letters of Administration or probate of will.

(f) Death of Dependent

On the death of an employee’s registered Spouse or registered dependent, the EMPLOYER shall assist in such funeral expenses by providing transport to convey the corpse and at most 60 sympathizers to the place of burial and in addition offer cash donation to the bereaved family as follows:

Registered dependent - GHȼ 984.00

Registered Spouse - GHȼ 1,230.00

Registered Biological Parents - GHȼ 923.00

These conditions do not apply to either a registered spouse or registered dependant above 18 years employed by a different Company.

The Provident Fund established by the Company shall continue to operate as follows.

Rate of Contribution:

>Employee’s Contribution - 10 %

>Employer’s Contribution - 6^1/2 %

Article 32- Funeral Grants

(i)The EMPLOYER in the event of the death of its serving employee agrees to provide Coffin or Shroud and Transport for the conveyance of the corpse and staff members limited to 100 employees to the place of burial. It shall, also give to the bereaved family an all-inclusive amount of One Thousand Ghana Cedis (GHȼ 1,000.00) towards funeral expenses, together with embalmment cost for employee who die out of accident in the organisation.

(ii)But for employee who dies through sickness, the EMPLOYER shall give to the bereaved family an all-inclusive amount of Five Hundred Ghana Cedis (Ghc 500.00)

Article 33- Long Service Award

Long Service honour shall be bestowed on an employee who has served the EMPLOYER for not less than five (5) years. Where one reaches the retiring age before qualifying, he/she would be paid on pro-rata basis.

The award shall be calculated on the basis of full service year as indicated in Appendix A attached and all days of service short of a full year shall be calculated pro-rata.

An employee on reaching the age of 55 years or above may be paid 1/3 (one third) of his/her long service award on pro-rata basis before retirement.

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 and at the work site of the EMPLOYER for UNION meetings provided that such meetings or gatherings are not held during official working hours without permission.

(c) The EMPLOYER shall allow Representatives of officials or the Local Union who shall normally not exceed three (3) in number or seven (7) in special cases from each station on working days to attend meetings of the National Executive Council, Regular Delegates Conference, Emergency meetings and

Educational Programmes of the UNION, provided that the UNION formally notifies the EMPLOYER at least two (2) weeks before the date of such meetings.

Article 35- Grievance and Trade Dispute Procedure

(a)It is recognized that there are two (2) disputes which might develop between the EMPLOYER and the UNION or at the expiration of this AGREEMENT. The kind of possible dispute will be termed herein as “GRIEVANCE”. The second kind of possible dispute will be termed as “INDUSTRIAL 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.

Grievance Procedure

(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.

(ii)If the employee is not satisfied with the decision, he receives in item (i) above, or if he does not receive a timely answer, he shall refer the matter to the Executive Member of the Local Union who will re-discuss for settlement within two (2) days.

(iii)If the matter is not resolved as in item (ii) above, the Executive Member 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 item (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 the Human Resource Manager of the Company, attempt shall be made to have the matter settled between the Headquarters Secretariat of the UNION and the Managing Director of the Company before referring it to the STANDING NEGOTIATING COMMITTEE.

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

(c)Industrial Dispute Procedure

The parties to an industrial dispute are under an 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 the collective agreement or contract of employment

Mediation

1.Subject to the time limit in respect of essential services, if the parties fail to settle a dispute by negotiation with seven days after the occurrence of the dispute, either party or both parties by agreement may refer the dispute to the National Labour Commission and seek the 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 these procedures, the Commission shall order the parties to 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 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 subsection (4) shall be binding on all the parties unless the agreement states otherwise.

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

Article 36- Salary/Wages Scales

The Salary and Wage Scales attached to this AGREEMENT as APPENDIX ‘1’ are agreed upon so far as they refer to the EMPLOYEES in respect of whom the UNION is empowered to negotiate.

GOPDC 2024 SALARY STRUCTURE (GHȼ)

JUNIOR STAFF SALARY

APPENDIX A- LONG SERVICE AWARD (JUNIOR STAFF)

The award will be calculated on the basis of a full service year as follows: