COLLECTIVE AGREEMENT

BETWEEN

GHANA OIL PALM DEVELOPMENT COMPANY LIMITED (GOPDC) AND

GENERAL AGRICULTURAL WORKERS UNION OF TRADES UNION OF TUC, GHANA (SENIOR STAFF).

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ARTICLE 1.0 – PARTIES TO THE AGREEMENT


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 GENERAL AGRICULTURAL WORKERS’ UNION OF TUC officially certified under the Labour Act, 2003 (Act 651) (hereinafter referred to as the UNION) as the negotiating body, provides for the terms and conditions of employment and non-employment and the conditions of labour which shall apply to unionised Senior Staff for whom the Union has been certified to negotiate.



ARTICLE 2.0 - OBJECTIVE AND SCOPE OF AGREEMENT


2.1Objective

The Parties to this Agreement bearing the common responsibility for the successful operation of the Company agree to do all within their powers to promote human stability of employment and productivity by ensuring practically harmonious and peaceful industrial relations to the mutual benefit of both the company and the employees.

2.2Scope

This Agreement shall apply to employees from Levels 5, 6 and 7 whose grades fall within the coverage of the Collective Bargaining Certificate dated 12th July, 2005.

2.3Exemption

Employees within the categories as defined in Article 2.2 whose duties exempt them from being members of the union shall not be subject to any conditions less favorable than the provisions of this agreement.

2.4 Distribution to new employees

A copy of this Agreement shall be given to each new member by the Human Resource Unit of the company.



ARTICLE 3.0 – INTERPRETATION OF AGREEMENT


If the interpretation of any part of this Agreement is disputed and the Standing Negotiating Committee cannot reach agreement, the item in dispute shall be dealt with in accordance with the provisions of the Labour Act, 2003 (Act 651) or any other subsequent enactment.



ARTICLE 4.0 – DEFINITIONS


For the purpose and throughout this agreement, the terms:

“Employees” shall apply to all unionized Senior Staff

“Company” shall mean Ghana Oil Palm Development Company Limited

“Casual Worker” shall mean a worker engaged on a work which is seasonal or intermittent and not for a continuous period of more than agreed six months and whose remuneration is calculated on daily basis.

“Consolidated Salary” means monthly pay calculated on the basis of 27 days including all recurrent and monthly allowances.

“Working Day” Monday-Friday and shall exclude Saturday, Sunday and Statutory Public Holidays.

‘Spouse’ means registered wife/husband of an employee.

‘Registered Dependant’ means an Employee’s own issue or legally adopted children, provided that such children are not over 18 years of age but below 24 years in full time education in a recognized educational institution, unmarried and not in full time employment.

Reference in this agreement to the Masculine Gender shall apply to the Feminine Gender, except where the Feminine Gender is specified.



ARTICLE 5.0 – RECOGNITION OF UNION


The Company recognises the General Agricultural Workers Union (GAWU) of TUC as the sole and exclusive representative Trade Union for the purpose of contracting Collective Agreement for employees of the COMPANY in respect of salaries and conditions of employment and non-employment.



ARTICLE 6.0 – PERIOD OF VALIDITY


6.1This Agreement shall come into force and operate from the 1st of January 2024 and shall remain in force for a period of two (2) years from that date. Wages and all financial aspects of this collective agreement shall be negotiated and reviewed annually.

6.2Anytime after one (1) year and ten 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. In the latter event both parties will enter into negotiations on the terms and conditions of a new agreement but until a new agreement is signed, the present agreement shall remain in force

6.3Notwithstanding the provision of (6.1) above, if any Statutory Regulations affecting the implementation of this agreement are enacted during the life of this agreement, the parties shall meet and incorporate them into the Agreement.



ARTICLE 7.0 – UNION SHOP


Since the Union represents and this Agreement covers all the employees of the COMPANY as defined in Article 2 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 every employee covered by this Agreement may become and remain a member of the Union.



ARTICLE 8.0 – NON-DISCRIMINATION


The COMPANY shall not victimize or discriminate against any employee covered by this Agreement because of his or her union activities in all matters pertaining to hiring, salary rates, hours of work and other working conditions or do anything to prevent an employee from joining the union.



ARTICLE 9.0 - CHECK OFF


9.1Each month, the COMPANY shall deduct from the pay packet of each member two (2) percent of the member’s monthly consolidated salary as union dues.

9.2The Union Dues so deducted shall be remitted by cheque along with list of employees from whose pay the deductions were made in the proportion stipulated by the National Union not later than the 14th day of every succeeding month to:

(a) The Trades Union Congress - 30%

(b) The National Secretariat of GAWU - 50%

(c) The Employee Union - 15%

(d) GAWU Regional Secretariat - 5%



ARTICLE 10– CHILD AND FORCED LABOUR


10.1Management is committed to the eradication of child and forced labour in and around the company and within the country as a whole.

10.2Management 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 11.0 – ENGAGEMENT AND PROBATION PERIOD


11.1 Appointment Letters and Personal Records

11.1.1 Appointments shall be effected by formal letters duly signed by an authorized officer of the COMPANY stating the following

(a)Job Title and duties

(b)Effective date of appointment

(c)Probation period

(d)Department assigned

(e)Initial Salary

(f)Whether temporary or otherwise

The applicant upon accepting the conditions of service shall sign and return a copy of the formal appointment letter to the COMPANY.


11.1.2 On first appointment an employee will be required to give particulars about himself and his next of kin/beneficiaries on the standard form that will be inserted in his personal file. It shall be the responsibility of the employee to promptly notify the Company in writing of any changes regarding his/her next of kin or beneficiary.


11.2 Probation

(a)Every new employee other than a casual worker shall upon engagement, undergo a probationary period. The period of probation shall vary according to the nature of job but shall not normally exceed six (6) months. Notwithstanding the above, management may, where it considers appropriate, extend, reduce or waive the probationary period of a new employee. Where an extension of probation is required, the additional period shall not exceed a maximum of three (3) months.

(b)Before a probationer’s service with the Company is abrogated for unsatisfactory work, his performance shall be appraised after the first three (3)months of his probation period and the result of the appraisal made known to him in writing.

(c)Unless informed in writing to the contrary, an employee who has completed his probation will be deemed confirmed in his appointment at the expiry date of his probationary period. Management shall write immediately to that effect.

(d)On the termination of the appointment of an employee who does not survive his probation or any agreed extension thereof, he shall be paid one (1) month salary in lieu of notice without assigning reasons for such termination.


11.3 Pre-employment Medical Examination

All new appointments shall be subject to medical fitness.

The COMPANY’s Medical Officer shall carry out medical examinations or a Medical Officer designated by the COMPANY free of charge to the Employee.


11.4Conflicts of Interest

An employee shall be required to declare his interest in any company or organization which deals with the COMPANY to enable the COMPANY take steps to ensure that there is no such conflict of interest. Disciplinary action as stated in Article 16 shall apply to proven offenders.


11.5Confidentiality

An employee shall keep the operations and dealings of the COMPANY confidential and shall not make public or press statements where the subject matter is concerned with the COMPANY or any of its businesses without prior clearance with the Managing Director or his designate. Disciplinary action as stated in Article 16 shall apply to proven offenders.


11.6Private Business

All appointments shall be on full time basis and an employee shall not engage himself in any other business that shall

(a)Deprive him of devoting his full time to the work of the COMPANY either directly or indirectly while on duty.

(b)Use materials, equipment or any facilities belonging to the COMPANY for the execution of private business

(c)Use the services of other employees of the COMPANY for the execution of any private work at anytime. Disciplinary action as stated in Articles 16 shall apply to the proven offenders.



ARTICLE 12.0 – INDIVIDUAL CONTRACTS


No employee covered by this Agreement shall be compelled or allowed to enter into a contract or agreement with the COMPANY which alters or contravenes the conditions of employment as specified in this Agreement.



ARTICLE 13.0 – ANNUAL INCREMENT


Salaries of employees shall be reviewed annually at a Standing Negotiating Committee

a.Where an employee is required to perform work, which carries an incremental scale, he will receive increment annually until he reaches the maximum of that scale unless he has been notified in writing of his increment being withheld on grounds of unsatisfactory work or misconduct.

b.Should an employee’s work during the year of review be unsatisfactory and his increment withheld or deferred for this reason, the case will be reviewed after the 3rd month.

c.Employees may be awarded more than one increment at a time.

d.A new employee who assumes duty on first appointment eight (8) months prior to the next incremental date shall be eligible for increment.



ARTICLE 14.0 - PROMOTIONS


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

(b)To provide current employees with the opportunity to move up within the company, where vacancies exist, Management shall as much as practicable initially advertise internally and consider suitably qualified candidates.

(c)Where an employee acts in a position for one (1) year without the appointment of a substantive officer the employee shall be confirmed as the substantive officer for the position.





PART THREE: WORKING RULES OF THE COMPANY



ARTICLE 15.0 – HOURS OF WORK


a)The standard hours of work for consolidated salary shall be a maximum of eight hours a day or forty (40) hours a week. Employees are responsibility holders and the COMPANY expects them to stay longer in office to get the job done when the situation demands. However, an employee will be paid an extra duty allowance calculated as indicated in appendix “A”

b)In all cases, the hours of work shall be regulated by the COMPANY in accordance with the exigencies of the work provided the number of hours worked shall not exceed the standard working hours as laid down by the Labour Act 2003, (Act 651) Sections 33 and 34.



ARTICLE 16.0 – DISCIPLINE


Disciplinary measures shall be taken in accordance with the gravity of the offence, having been proved beyond all reasonable doubts and after according the offender full privilege of defence either orally or in writing or both.

16.1 Summary Dismissal

The grounds for summary dismissal shall include:

(a) Proven misconduct such as dishonesty, bribery, stealing, fraud, gross insubordination, drunkenness at work, fighting and sexual harassment.

(a).1 Sexual Harassment

i.The employer shall operate a zero tolerance for any form of sexual harassment in the workplace.

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

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

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

(b)Committing deliberate acts likely to cause danger to the lives or safety of other employees.

(c)Proven evidence of engineering unrest among employees

(d)Causing damage deliberately to the machinery or property of the COMPANY.

(e)Gross misconduct such as any serious act that shall bring the Company’s image into disrepute.

(f)Gross negligence of duty with proven intent.

(g)Drinking alcoholic beverage on duty or proven drunk on duty.

(h)Using, possessing, or under the influence of banned drugs like Indian hemp, cocaine, heroine, etc. on the company’s premises.


16.2Termination of Appointment

The following shall result in termination of the appointment of an employee

(a)Smoking in prohibited areas or loitering around during working hours.

(b)Proven incompetence or inefficiency on the job

(c)A Senior Staff whose appointment is terminated shall be entitled to 3 month’s consolidated salary in respect of (a) & (b) above.


16.3Written Warnings

(a)Where the conduct and performance of an employee becomes unsatisfactory or an offence not warranting termination of appointment is committed, a written warning may be given. Two (2) written warnings followed by a further offence warranting warning within a period of twelve (12) consecutive months may result in the termination of the employee’s appointment.

(b)All written warnings previously registered on an employee’s record of service shall automatically be ignored after twelve (12) months.


16.4Interdiction

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


16.5Suspension without pay

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


16.6Legal Counsel for Employees

The COMPANY 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 COMPANY without negligence on his part gets into conflict with the law.


16.7Absence from work

No employee shall be absent from work on any day of the working week without prior permission from his immediate officer. Any such absence without reasonable cause for 5 consecutive working days in a month shall be deemed as vacation of post by the employee and the COMPANY has full right to appoint a new person to the vacancy so created.


16.8Letters on Disciplinary Measures

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


16.9Rules and Regulations

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



ARTICLE 17.0 – TRANSFERS


All employees shall accept to be transferred and shall serve the COMPANY anywhere the SIAT Group operates. Transfer involves a relocation of an employee from his current duty post to a new location of more than 50 kilometres.


17.1Permanent Transfer

(a)Permanent transfer shall be a transfer intended to exceed six (6) months.

(c)Employees on permanent transfer shall be given a minimum of two (2) months notice to enable them make arrangements for the movement.

(d)Employees on permanent transfer would be provided with a vehicle or paid transport expenses to convey their belongings and family to their new stations.

(e)An inconvenience allowance of two (2) month’s consolidated salary shall be paid to employees on permanent transfer. However, when a permanent transfer happens after a temporary transfer consecutively, the employee shall receive only one (1) month’s consolidated salary in addition to the one (1) month consolidated salary already received for the temporary transfer.

(f)As far as possible, transfer shall be arranged to coincide with the end of the school year.

(g)The COMPANY shall arrange for accommodation at the new station.

(h)Where there is no accommodation, the COMPANY shall pay approved hotel accommodation expenses.


17.2Temporary Transfer

(a)Temporary transfer shall be a transfer intended for a minimum duration of one month and up to a maximum of six (6) months.

(b)Employees on temporary transfer within Ghana shall be provided with a vehicle or paid transport expenses to send them to their new station. They would continue to receive their salary at their base and be paid the normal out of station allowance as in appendix “A”. Where accommodation is not provided, the COMPANY shall pay approved hotel accommodation expenses.

(c)Employees on temporary transfer outside Ghana shall be provided with paid transport expenses to send them to their new station. They will continue to receive their salary at their base and be paid an allowance as shown in appendix “A”. Where accommodation is not provided the company shall pay approved hotel accommodation expenses.

(e) An inconvenience allowance of one (1) month’s consolidated salary shall be paid to an employee on temporary transfer.


17.3Overseas Travel

Senior staff members who would be required to travel outside the shores of Ghana on business of the company and it’s neither a permanent nor temporary transfer shall be paid out of pocket money of 10 dollars per day.

The company shall be responsible for the employee’s accommodation and travel expenses.





PART FOUR: RIGHTS AND PRIVILEGES IN THE SERVICE



ARTICLE 18.0 – LEAVE GENERAL


18.1Annual Leave

(a)An employee who has completed twelve months continuous service shall be granted paid annual leave, except that an employee after a lesser period of service may be granted full or proportionate leave at the discretion of the COMPANY.

(b)Standardized level of twenty-two (22) working days across board plus 10% of annual basic salary as leave bonus shall be granted.

(c)Employees may apply to or be requested by the COMPANY to accumulate leave for a maximum period of two (2) years. If accumulated leave is approved, this shall be taken together.

(d)Paid Annual Leave shall normally be taken consecutively except where exigencies of the work demand, and the COMPANY requires the employee to work during the employee’s period of leave in which case extra leave days equal to the number of the days spent shall be granted.

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

(f)In normal circumstances, the COMPANY shall give, at least two (2) weeks notice of its intention to request an employee to defer his leave, except in extreme circumstances where notice can be reasonably shorter depending on exigencies of the work.

(g)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 COMPANY shall bear all expenses incurred as a result of the interruption.

(h)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


18.2Sick Leave (Non-occupational accident and sickness)

(a)Sick leave with pay shall be granted on the production of a certificate signed by a medical practitioner approved by the COMPANY. Except in cases of emergency, a medical certificate from a State hospital/clinic shall be acceptable to the COMPANY.

(b)Failure to send a medical certificate as mentioned above within three (3) days after reporting for duty shall be treated as absence from duty without permission, except where the COMPANY is satisfied that failure to comply was due to unavoidable circumstances.


(c)Sick leave shall be granted as follows:

 

Maximum period with full pay

Maximum period with half pay

Periodwithout Pay

All Employees

Five (5) months

Seven (7) months

All days beyond twelve (12) months

 


(d)In all cases, the granting of a further period of sick leave after the maximum period specified above will be at the COMPANY’s discretion and shall be granted with full, proportionate or without pay.

(e)If an employee at the expiration of his annual leave is unable to return to duty by reason of ill health, duly certified by a registered medical practitioner, he shall be regarded as being absent on sick leave from the expiry date of his annual leave. The COMPANY must however, be notified within five (5) working days following the end of the leave.


18.3(Sick Leave Occupational Accident and Sickness)

If an employee gets injured in the course of his duty, he shall continue to receive his full salary throughout the period when he is unfit for work as certified by a medical personnel. Those days that he is absent from work due to the injury shall not be used as a basis to deny him any bonus or incentive due him.


18.4Maternity Protection

A woman worker on maternity leave shall be granted such leave with full pay.


18.5Period of Absence

(a)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.

(b)A woman worker on production of medical certificate issued by a medical officer or a midwife indicating the expected date of her confinement, shall be entitled to a period of maternity leave of fourteen (14) weeks in addition to any period of annual leave she is entitled after her period of confinement.

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

(d)A woman worker on maternity leave shall be entitled to her full remuneration and other benefits she is otherwise entitled.

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

(f)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.

(g)The COMPANY shall not dismiss a woman worker because of her absence from work on maternity leave.

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


18.6Paternity Leave A male worker whose registered wife bears a child shall be granted paternity leave of five (5) working days with full pay and shall be taken within three (3) months of child birth.


18.7Day Care Centre

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


18.8Nursing Mother

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

A mother who is actually nursing her child will be allowed to be absent for this purpose for an hour each day for up to six (6) months after resumption of duty. An extension beyond two hours shall be at the discretion of the COMPANY.


18.9.1Casual (Compassionate Leave)

In special circumstances and by express consent of the COMPANY an employee who has already exhausted his annual leave or is not due for annual leave may be granted a maximum of fourteen (14) days casual (compassionate) leave with or without pay upon application.


18.9.2Examination Leave

An employee shall be granted leave to sit for an examination for courses previously approved by Management upon production of evidence as to the number of days required for the examination. The number of days granted shall be deducted from the employee’s annual leave entitlement.


18.9.3Disembarkation Leave

An employee who returns from abroad to resume duty after an assignment of not less than three months duration may on arrival be granted three (3) working days disembarkation leave to settle down. The leave shall start a day after the disembarkation.



ARTICLE 19.0 – PUBLIC HOLIDAYS


Statutory Public Holidays as governed by the Public Holidays Act and any other subsequent enactment shall be enjoyed with full pay by all employees covered by this Agreement.



ARTICLE 20.0 – MEDICAL FACILITIES


(a)It is a national obligation for all employees to register themselves and their dependants under the National Health Insurance Scheme.

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.

An employee’s registered spouse and four (4) registered children in an event of being hospitalized shall be given meal subsidy of GH₵ 41.00 per day.

(b)In case of sickness during an employee’s annual leave or emergencies outside working hours, the employee may seek treatment at the nearest hospital/Clinic or COMPANY designated clinic. In all such cases the employee shall provide a medical certificate indicating treatment given and receipts of fees paid for examination and refund if approved by the COMPANY doctor.

(c)Dental and optical as well as major surgical operations and treatment of employees shall be at the expense of the COMPANY if it is proved to be resulting from the employment.

(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 COMPANY shall not bear the cost pertaining to or resulting from the following except in the case asterisked if it is proven to be resulting from the employment of the COMPANY.

*Optical Operation including supply of eye glasses

*Dentistry

*Major surgery

*Hearing aids, artificial limbs and other appliances

*Social diseases, the treatment of which is by law the sole responsibility of the State and self-inflicted illness or injury.

(f)The COMPANY shall be responsible for the treatment of employees involved in accident arising out of and in the course of their employment in accordance with the provisions of the Article 118-120 of Labour Act 651 of 2003.

(g)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.


20.1Periodic Medical Check-Ups

Each employee shall be entitled to a free medical check up once a year at the COMPANY’S clinic or any hospital/clinic designated by the COMPANY.


20.2Traditional Healing

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



ARTICLE 21.0 – ACCOMMODATION


(a)The COMPANY shall provide unfurnished accommodation for employees stationed at the Kwae Estate.

(b)In the case of an employee working outside the Kwae Estate and the COMPANY is unable to provide accommodation, 25% of his/her monthly basic salary shall be paid as rent subsidy.



ARTICLE 22 – SALARY ADVANCE AND LOANS


22.1Salary Advance

At the discretion of Management Salary advance of one month’s consolidated pay may be granted to confirmed employees. Such advances shall be payable over a period not exceeding six (6) months by deductions at source.

22.2Loans for the Purchase of Household Durable Items

The COMPANY shall in pursuance of Consumer Credit facilities provided by its designated banks register for the benefit of its confirmed employees under the Banks’ Loan Scheme for the purchase of household durable items.

22.3Special Loan

An employee in an unavoidable financial difficulty such as loss of immediate parent or disaster arising from acts of nature shall be granted special loan, the amount of which shall not exceed three (3) months basic salary. Such loans shall be recovered in eighteen (18) months. Loans shall be at the discretion of COMPANY.

22.4Installation Loan

New employees who are provided unfurnished accommodation may on application be granted a maximum of two (2) months’ consolidated salary installation loan. Such loan shall be recovered in a maximum period of eighteen (18) months.

22.5Car Loans

The Company shall arrange with banking institutions to provide car loans to senior staff who have served the Company for a minimum of two years. In this regard there senior staff who qualify may apply for such loans through designated banks for the purchase of a car at their own cost.



ARTICLE 23.0 – SAFETY, HEALTH AND ENVIRONMENT


(a)The COMPANY shall make reasonable provision for the safety and health of all employees during working hours.

(b)Protective devices including fire fighting equipment and other equipment necessary to protect employees from industrial illness/diseases shall be provided and maintained by the COMPANY for use by the employees.

(c)The COMPANY in consultation with Health & Safety committee shall provide adequate protective clothing to the employees whose nature of work calls for the protection of the body.


23.1Group Personal Accident Insurance Policy

The Company shall establish a group personal accident insurance on behalf of employees under this agreement.



ARTICLE 24.0 –TRAINING/EDUCATION AND RECREATION


24.1Training

(a)The COMPANY undertakes as far as possible to ensure that training facilities exist and are used to enable employees of the COMPANY to undergo such training as may be necessary for the improvement of their skills and knowledge to enable them realize their full potential so that they can make maximum contribution towards the growth of the COMPANY and society.

(b)A confirmed employee desirous of furthering his education in a higher institution either locally or overseas in subjects relevant to his fieldwork may on application be granted Study leave with or without full pay. Such Leave shall not exceed two (2) years.

(c)Where an employee is granted such study leave sponsored by the COMPANY, he shall serve the COMPANY for a period equivalent to two (2) times the period granted for such leave

(e)Where the employee leaves the employment before the completion of his bond he shall be called upon to pay a sum equivalent to the remaining period of the unserved bonded period.

(f)The Company shall on annual basis assist the National Union in training and education of employees in Labour Relations with the view to promoting efficiency, productivity and industrial peace and social progress.


24.2Educational Grant

(a)Employees whose duty post is in Kwae shall be entitled to the COMPANY’S School.

(b)Employees whose duty post is not in Kwae shall be paid the equivalent of the fees subsidy granted to employees whose wards attend the COMPANY’S School at Kwae.

(c)The Company shall grant per term per child for a maximum of four (4) children up to Junior High School level, an educational grant to those whose duty post is outside Kwae. Senior Staff who are resident at Kwae shall be required to use the Company’s School for their children.


24.3Scholarship Scheme

(a)The COMPANY shall award four (4) scholarships a year to deserving children of employees. The scholarship shall be to study in a senior high school/technical/commercial school.

(b)There shall be a Scholarship Board composed of the COMPANY and representation of Senior Staff to determine eligibility of such a child.


24.4Examination Award

An employee who wishes to further his/her education relevant to his/her field of work must first give prior notice to Management for approval.

Where an employee through his/her own efforts passes an examination conducted by a recognized professional or examination body and which is relevant to his job, the COMPANY may reimburse the expenses and course fees in respect of the particular examination.


24.5Recreation

All senior staff shall be paid GH₵ 100 as entertainment allowance. This is to serve as a subsidy for the unavailability of DSTV access at the senior staff accommodations.



ARTICLE 25.0 –INCENTIVE/BONUS SCHEME


25.1 Annual Bonus

(a)Annual Bonus shall be paid to all employees with twelve month’s continuous service based on the performance of the COMPANY and individual productivity.

(b)The criteria for qualifying for the annual bonus shall be determined by the COMPANY in consultation with the Local Union and paid to employees in November/December each year.

(c)Female employees who are pregnant shall be entitled to the annual bonus if the absence from work is due to the pregnancy.

(d)Excuse duty days for an employee shall never be used as basis for disqualification for annual bonus


(e)The calculation for annual bonus shall be as per the formula below:

Number of months worked * basic salary / 11


The period for calculation shall be from January to November of the year in question.



ARTICLE 26.0 – EQUAL PAY FOR EQUAL WORK


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



ARTICLE 27.0 – PAY DAY


Salary payment shall be paid monthly not later than the last working day of the month. If for any reason payment of salaries will be delayed beyond the time stated above the Union shall be duly informed.



ARTICLE 28.0 – ALLOWANCES GENERAL


28.1 Acting Allowance

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. The allowance shall be the difference between the individual’s monthly consolidated salary and the minimum point of the scale of the substantive holder of the post in which he is acting.

28.1.1An employee who acts in a position outside the Collective Agreement shall be paid 30% of his consolidated salary for the period that he acts.

28.2 Annual Subscription Fees

The COMPANY shall pay or reimburse subscription fees or dues to employees who are qualified members of recognized professional bodies on submission of certified documents and receipts.

28.3 Day Trip Allowance

The COMPANY shall pay a day trip allowance to an employee who travels outside his/her station to perform official duty and returns to base at the end of the day at rates indicated in Appendix A.

28.4 Out Of Station Allowance

An employee who spends the night outside his normal place of work on official duty shall be paid an allowance for his accommodation and meals at rates indicated in Appendix A.

28.5 Transport Allowance

Senior Staff employees without company allocated vehicle shall be paid GH₵ 1,000.00 per month as transport allowance.

28.6 Clothing Allowance

All Senior Staff workers working at the Technical Services Department and Workshop shall be paid GH₵ 900.00 per annum as clothing allowance.

All other Senior Staff workers not working at the Technical Services Department and Workshop shall be paid GH₵ 1,000.00 per annum as clothing allowance.

28.7 Domestic Allowance

All Senior Staff on Grade 7 shall be paid GH₵ 400.00 per month as domestic allowance.



ARTICLE 29.0– LEAVING THE SERVICE OF THE COMPANY GENERALLY


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

(a)By termination of appointment or summary dismissal

(b)On resignation of appointment

(c)By statutory order

(d)On being declared redundant

(e)Upon incidence of death

(f)Retirement on medical grounds

(g)When the COMPANY ceases to operate.

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

(i)On voluntary retirement


29.1Resignation

An employee who intends to resign his appointment shall give at least one month’s notice or pay one (1) month’s consolidated salary in lieu of notice.


29.2Certificate of Service

On leaving the service upon satisfactory performance, the COMPANY shall issue an employee with a certificate of service.


29.3Vacation of Company Allocated Accommodation

[a]An employee who resigns shall leave the COMPANY’S premises within twenty-one calendar (21) days from the effective date of resignation

[b]An employee whose appointment is terminated shall leave the COMPANY’S premises within one month.

[c]An employee who is summarily dismissed shall leave the Company’s premises within fourteen (14) calendar days.

[d]An employee who retires shall leave the company’s accommodation within thirty (30) calendar days.

[e]Any extension in respect of (a-d) above shall be at the discretion of Management.


29.4Repatriation

An employee who leaves the services of the COMPANY on grounds other than summary dismissal and resignation shall be entitled to repatriation to his hometown at the expense of the Company. In addition, the Company would provide one Toyota Hilux pickup vehicle to transport the spouse and dependents if the employee resides with them.



ARTICLE 30.0 – REDUNDANCY


(a)If in the opinion of the COMPANY it is found necessary to effect a reduction in the number of labour due to lack of work, exhaustion of funds, and/or reduction in the volume of work, The COMPANY shall give to the Union three (3) months’ notice of its intention to effect such reduction in the number of labour.

(b)During this period, the COMPANY undertakes that no notice of termination shall be effected.

(c)Selection of employees who are to be declared redundant shall be determined by length of service and relative efficiency by the COMPANY in consultation with the Union. Where a dispute on an individual case exists and length of service and relative efficiency becomes equal, conduct shall be the overriding factor.

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


30.1Redundancy Award

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

One year consolidated gross salary plus one month consolidated salary per each year of service from 1991, if the employee was employed before 1991.


30.2Leave Pay on leaving the Service of the COMPANY

When an employee leaves the service of the COMPANY on grounds other than summary dismissal, he shall be entitled to payment in lieu of earned leave not taken.



ARTICLE 31.0– BENEFICIARY IN THE EVENT OF DEATH


31.1Next of Kin

At the time of engagement, an employee may nominate the person who in the event of the former’s death shall 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 or a Will.


31.2Rate of Benefit & Funeral Grant

In the event of the death of a serving employee, the next of kin shall be granted a death benefit of one (1) year’s consolidated salary on the last salary before death plus long service award if the employee qualified.

31.2.1The COMPANY in the event of the death of its serving employee agrees to provide Coffin or Shroud and transport to convey the corpse to the place of burial.

31.2.2The COMPANY shall also give to the bereaved family an all-inclusive amount of One Thousand and Five Hundred Ghana Cedis (GH₵1,500.00)towards the funeral expenses, together with

embalmment cost.


31.3 Death of dependents

a)On the death of an employee’s registered spouse or registered dependents the COMPANY shall assist in such funeral expenses by providing transport to convey the corpse to the place of burial and in addition offer cash donation to the bereaved family as follows:

Registered Spouse: GH¢ 1,495.00

Parent: GH¢ 1,150.00

Registered Dependent: GH¢ 920.00

b)The company shall provide transport to convey family and sympathizers to the burial.



ARTICLE 32.1 – LONG SERVICE BONUS


The COMPANY shall pay a non-contributory long service bonus to employees when leaving the service of the COMPANY on grounds other than summary dismissal. The minimum qualification for a long service award shall be 5 continuous years of service with the COMPANY.

The bonus shall be calculated on the basis of full service year as indicated in Appendix B attached and all days of service short of a full year shall be calculated pro rata


32.2 Superannuation

An employee who reaches the superannuation age and has served the Company for 10 years and above, shall be considered with;

•10-20 years of continuous service – 3 packets of roofing sheets plus 1 deep freezer or cash equivalent (excluding vat).

•21-30 years of continuous service (20 plus one month) – 4 packets of roofing sheets plus 1 deep freezer or cash equivalent (excluding vat).

•31 and above years (30 plus) – 5 packets of roofing sheets plus 1 deep freezer or cash equivalent (excluding vat).



ARTICLE 33.0 – PROVIDENT FUND SCHEME


(a)A Provident Fund shall be instituted by the COMPANY for the benefit of the employees.

(b)The employee shall contribute 10% (ten) per cent of his/her consolidated salary every month and the COMPANY shall contribute 6.5% per cent of the employee’s consolidated salary every month towards the employee’s Provident Fund.



ARTICLE 34.0 – RETIREMENT


34.1Statutory Retirement

The statutory retirement age shall be 60 years for all employees of the COMPANY. An employee shall be informed about his/her retirement at least six (6) months before the date of his retirement. Final notice will be given three months before final date of retirement.


34.2Voluntary Retirement

An employee may voluntarily retire from the services of the company on attaining the age of 55 years by giving one (1) month’s notice period.



ARTICLE 35.0 – PERMISSION FOR UNION MEETINGS


(a)The Management agrees that it shall at all reasonable times grant permission for the Union to gather its members who are employees on its premises and at the work site of the COMPANY for Union meetings or gathering. Permission shall be sought in writing at least 48 hours before such meetings are scheduled on each occasion.

(b)The COMPANY shall allow Representatives or officials of the Local Union who shall normally not exceed three (3) in number or seven (7) in special cases 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 Management at least two (2) weeks before the dates of the meeting, stating the names of the employees to be given leave.



ARTICLE 36.0 – GRIEVANCE AND TRADE DISPUTE PROCEDURE


It is recognized that there are two (2) kinds of disputes, which might develop between the Union and the COMPANY during or at the expiration of this Agreement. The first kind of possible dispute will be termed hereinafter as “Grievance”.

The second kind of possible dispute will be termed hereinafter as “trade dispute”.

It is the purpose of this Article to provide procedures whereby the parties can be assured of prompt and fair settlement of all such disputes.


36.1Grievance Procedure

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

(a)He shall first seek a timely redress from his immediate Superior or i.e. immediate COMPANY representative.

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

(c)If the matter is not resolved as in (b) above, the Sectional Executive Member of the Union shall refer the matter to the Secretary of the Union who will seek redress from the appropriate departmental head of the COMPANY.

(d)Failure to get settlement after (c) 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.

(e)The complainant shall have the right to be present at all levels if he so wishes.

(f)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.

(h)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 the matter.


36.2Trade Dispute Procedure:

The parties to an industrial dispute are under an obligation to negotiate in good faith with a view of reaching a settlement of the dispute in accordance with the dispute settlement procedures established in labour Act, 2003 (Act 651).


36.3Mediation

36.3.1Subject to the time limit in respect of essential services, if the parties fail to settle a dispute by negotiation within seven days after the occurrence of the dispute, either party or both parties by agreement may refer the dispute to the Commission for the appointment of a mediator.

36.3.2Where the Commission is satisfied that the parties have not exhausted the procedures established in the collective agreement or have not freed to waive those procedures, the Commission shall order the parties to comply with those procedures within such time as the Commission may determine.

36.3.1When 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.

36.3.2Where 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.

(a)The settlement agreement shall be binding on all the parties unless the agreement states otherwise,

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



ARTICLE 37.0 - SALARY SCALES


The Salary Scales attached to this Agreement as Appendix ‘C’ are agreed upon so far as they refer to the Employees in respect of whom the Union is empowered to negotiate.





APPENDIX ‘A’

ALLOWANCES



DAY TRIP ALLOWANCE

Group 5 & 6 & 7 - GH¢ 165.00



OUT OF STATION WITH ACCOMMODATION PLUS MEALS

Group 5 & 6 & 7 - GH¢ 200.00



OUT OF STATION WITHOUT ACCOMMODATION

Group 5 & 6 & 7 - GH¢ 380.00 (NO RECEIPT)



TRAVEL OUT OF GHANA WITH ACCOMMODATION PLUS MEALS

10 US DOLLARS PER DAY



EXTRA DUTY ALLOWANCE

Week days (2 hours and above) - GH¢ 90.00


Weekends and holidays

2 hours to 4 hours - GH¢ 90.00

Above 4 hours- GH¢ 130.00





APPENDIX ‘B’

LONG SERVICE AWARD



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

5 years’

service

=

5 Months

6     “

=

6 Months

7     “

=

7 Months

8     “

=

8 Months

9     “

=

9 Months

10   “

=

10 Months

11   “

=

11 Months

12   “

=

12 Months

13   “

=

13 Months

14   “

=

14 Months

15   “

=

15 Months

16   “

=

16 Months

17   “

=

17 Months

18   “

=

18 Months

19   “

=

20 Months

20   “

=

22 Months

21   “

=

25 Months

22   “

=

28 Months

23   “

=

31 Months

Any additional

year =

+ 3 months’ pay





APPENDIX ‘C’

SALARY SCALES

GOPDC LTD


Senior staff basic salary structure: Effective 1st January 2024


GRADE

Base

1

2

3

4

5

 

A

4,864.37

4,864.37

4,913.01

4,962.14

5,011.77

5,061.88

 

B

 

5,112.50

5,163.63

5,215.26

5,267.42

5,320.09

5

C

 

5,373.29

5,427.02

5,481.29

5,536.11

5,591.47

 

D

 

5,647.38

5,703.86

5,760.90

5,818.50

5,876.69

 

E

 

5,935.46

5,994.81

6,054.76

6,115.31

6,176.46

 

A

 

6,238.22

6,300.61

6,363.61

6,427.25

6,491.52

6

B

 

6,556.44

6,622.00

6,688.22

6,755.10

6,822.65

 

C

 

6,890.88

6,959.79

7,029.39

7,099.68

7,170.68

 

D

 

7,242.38

7,314.81

7,387.96

7,461.84

7,536.45

 

E

 

7,611.82

7,687.94

7,764.82

7,842.46

7,920.89

 

A

 

8,000.10

8,080.10

8,160.90

8,242.51

8,324.93

 

B

 

8,408.18

8,492.27

8,577.19

8,662.96

8,749.59

7

C

 

8,837.09

8,925.46

9,014.71

9,104.86

9,195.91

 

D

 

9,287.87

9,380.74

9,474.55

9,569.30

9,664.99

 

E

 

9,761.64

9,859.26

9,957.85

10,057.43

10,158.00




FOR AND ON BEHALF OF

GHANA OIL PALM DEV. LTD

FOR AND BEHALF OF GENERAL AGRIC WORKERS’

UNION OF TUC (GHANA)

GANGADHAR SHETTY

CHIEF EXECUTIVE OFFICER

EDWARD T. KAREWEH GENERAL SECRETARY

SAMUEL OFOSU ASSAMOAH COMPANY SECRETARY

ANDREWS ADDOQUAYE TAGOE DEPUTY GENERAL SECRETARY

IN THE PRESENCE OF:

IN THE PRESENCE OF:

KWAME ATTA OWUSU-SARPONG

HUMAN RESOURCE MANAGER

COLLINS OSEI KONADU

LOCAL UNION CHAIRMAN

GHA Ghana Oil Palm Development Company (CIAT) - 2024

Start date: → 2024-01-01
End date: → Not specified
Name industry: → Agriculture, forestry, fishing, Manufacturing
Name industry: → Growing of fruit, nuts, beverage and spice crops, Other
Public/private sector: → In the private sector
Concluded by:
Name company: →  Ghana Oil Palm Development Company (CIAT)
Names trade unions: →  GAWU - General Agricultural Workers Union of Ghana Trades Union Congress

TRAINING

Training programmes: → Yes
Apprenticeships: → No
Employer contributes to training fund for employees: → Yes, but only if the employer wishes to

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 100 %
Maximum days for paid sickness leave: → 365 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → No
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

HEALTH AND SAFETY AND MEDICAL ASSISTANCE

Medical assistance agreed: → No
Medical assistance for relatives agreed: → No
Contribution to health insurance agreed: → Yes
Health insurance for relatives agreed: → Yes
Health and safety policy agreed: → Yes
Health and safety training agreed: → No
Protective clothing provided: → Yes
Regular or yearly medical checkup or visits provided by the employer: → Yes
Monitoring of musculoskeletal solicitation of workstations, professional risks and/or relationship between work and health: → Professional risks
Funeral assistance: → Yes
Minimum company contribution to funeral/burial expenses: → GHS 1500.0

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 14 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → Yes
Prohibition of discrimination related to maternity: → No
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → Yes
Workplace risk assessment on the safety and health of pregnant or nursing women: → No
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → No
Time off for prenatal medical examinations: → Yes
Prohibition of screening for pregnancy before regularising non-standard workers: → No
Prohibition of screening for pregnancy before promotion: → No
Facilities for nursing mothers: → Yes
Employer-provided childcare facilities: → Yes
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → Yes
Paternity paid leave: → 5 days
Leave duration in days in case of death of a relative: → 14 days

GENDER EQUALITY ISSUES

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

EMPLOYMENT CONTRACTS

Trial period duration: → 180 days
Part-time workers excluded from any provision: → No
Provisions about temporary workers: → No
Apprentices excluded from any provision: → No
Minijobs/student jobs excluded from any provision: → No

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per day: → 8.0
Working hours per week: → 40.0
Paid annual leave: → 22.0 days
Paid annual leave: → 4.4 weeks
Paid leave for trade union activities: →  days
Provisions on flexible work arrangements: → No

WAGES

Wages determined by means of pay scales: → Yes, in one table
Adjustment for rising costs of living: → 

Extra payment for annual leave

Extra payment for annual leave: → 10.0 % of basic wage

Allowance for commuting work

Allowance for commuting work: → GHS 1000.0 per month

Meal vouchers

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