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COLLECTIVE AGREEMENT BETWEEN ADAMUS RESOURCES LIMITED NZEMA OPERATIONS AND GENERAL MANUFACTURING AND METAL WORKERS UNION (GEMM) OF GHANA FEDERATION OF LABOUR (GFL)

COLLECTIVE BARGAINING CERTIFICATE CERTIFIED TRADE UNIONS

In exercise of the powers conferred on the Chief Labour Officer by section 99 (1) of the Labour Act, 2003 (Act 651) and having satisfied myself that the Union is the duly registered trade union at the Enterprise, it is hereby certified, that to the extent set out herein, the

GENERAL MANUFACTURING AND METAL WORKERS UNION (GEMM) OF GHANA FEDERATION OF LABOUR (GFL)

A duly registered Trade Union is today appointed as the appropriate representative to conduct with the employer whose particulars are mentioned in the schedule hereunder collective bargaining on behalf of it class of workers.

SCHEDULE

ADAMUS RESOURCES LIMITED NZEMA OPERATIONS P O BOX AS31, ESIAMA

*IN RESPECT OF THE BRANCH UNION *

GRADES: 1-5

Dated at Accra this 27m April 2012

LABOUR DEPARTMENT HEADQUARTERS P.O. BOX MB 55 ACCRA

SIGNED: AG. CHIEF LABOUR OFFICER ELIZABTH. HAGAN (MS.) 

ARTICLE 1: GENERAL BASIS OF AGREEMENT

1.1 Parties to the Agreement

This Agreement is entered into between Adamus Resources Limited (hereinafter referred to as the "Company") and General Manufacturing and Metal Workers" Union of GFL (hereinafter referred to as the "Union") on behalf of the Branch.

The parties shall recognize the role of a third party (independent mediator, arbitration or the National Labour Commission) in appropriate circumstances.

1.2 Registration

The General Manufacturing And Metal Workers' Union of GFL is a duly registered Union under the Labour Laws of Republic of Ghana and shall qualify for appropriate bargaining rights.

1.3 Responsibilities and objectives of Parties to the Agreement

1.3.1 The parties to this Collective Agreement (CA), having the common goal of the successful operation of the Company, are to do all within their power to promote productivity and stability of employment by ensuring a harmonious and peaceful working relationship to the mutual benefit of the Company and its Employees.

1.3.2 The Company and the Union shall ensure that:

- Agreement once concluded is respected, and made Operational.

- Procedures agreed to in terms of the agreement, regulating employer/Employee relations are properly observed.

- Their obligations in the Agreement are honoured.

- Discourage either party from engaging in any unlawful industrial action as defined in the labour law.

- The rights of the other party are respected and protected.

1.4 Coverage

This Agreement shall cover all Employees of the Company mentioned in the Collective Bargaining Certificate (CBC).

1.5 Purpose and Scope of the Agreement

a. The purpose of the Collective Agreement (hereinafter referred to as the CA) is to standardize and regulate the relationship between the Company and Employees who have entered into a contract of employment with the Company who are members of the Union.

b. Respect the law on the prohibition of forced or compulsory labour in all its forms.

c. Respect the prohibition of employment of children.

d. The Company's relations with all its Employees shall be lawful.

e. The Company's relations with the Union where the agreement is silent shall be governed where appropriate by such statutory Act and Regulations including but not limited to Labour Act 2003 (Act 651), Social Security Law 1991, PNDC Law 247, Workmen's Compensation Law 1987, PNDC Law 187, Public Holidays Law 1989, PNDC Law 220, Mining Regulations of 1970, L.l 665, L.l 666, National Pension Act 766 and any amendments thereto.

f. It is further recognized by the parties that the Agreement is a living document and the fact that certain conditions are reduced to writing does not preclude the responsibilities of either parties to meet with the other to discuss and negotiate on matters not specifically covered by the Agreement but which are within the scope and intent of the Agreement.

1.6 Variation

a. Where any of the class of Employees of the Company express their desire to join the Union but are not covered by the Bargaining Certificate, the parties to this Collective Agreement shall meet to discuss the issue.

b. The Union may then after any such discussion apply for a variation of the Bargaining Certificate to include the class of Employees agreed by both parties.

1.7 Duration and Effective date

a. The CA shall come into effect on 30TH November 2012 and continue in effect for a minimum period of three (3) years until amended in whole or in part except for the rates of pay schedule which shall be negotiated annually and shall be effective from 1st January.

b. If after the expiration of the Agreement, no new Agreement has been concluded, the provisions herein shall continue to apply until a new Agreement is drawn up or until this Agreement is terminated by either party in accordance with the Labour Act, 2003 (Act 651) and any amendment thereto.

1.8 Interpretation of the Agreement

If the interpretation of any part of the Agreement is disputed and Agreement cannot be reached by both parties in terms of the appropriate procedure set out in the Agreement, the terms in dispute shall be dealt with by a mutually acceptable third party and if not resolved then by reference to the Labour Law.

1.9 Seperability

The provisions of the Agreement are deemed to be separable to the extent that if and when a court of jurisdiction adjudges any provision of the Agreement in its application between the Company and the Union which happen to be in conflict with any law, such decisions shall not affect the validity of the remaining provisions of the Agreement, but shall continue to be effective in full force and in further event of any such provisions, so declared to be in conflict with a law both parties once there is no further reference to any higher court of jurisdiction, shall meet as soon as practicable for the purpose of re¬negotiating and reaching agreement on provisions so invalidated.

1.10 Saving

In case of conflict between this Collective Agreement and existing rules, regulations and practices in the Company the Collective Agreement shall take precedence.

1.11Individual Contract

If the Company considers it necessary to cause an Employee covered by this CA to work outside the borders of the Republic of Ghana then the GEMM shall be informed and involved in concluding the terms and conditions of work applicable to that Employee. It shall therefore not be lawful for any or all Employees covered under this CA to enter into individual employment contract(s) without the involvement of the GEMM.

1.12 Statutory Provisions

The Company shall:

Respect the freely exercised rights of Employees without obstruction to organize, to further and defend their interest as well as the protection of those Employees who exercise their right to organize.

1.13 Definitions

For the purpose of this CA, general definitions as used by both parties are set out in Appendix B to this document.

ARTICLE 2: TRADE UNION ACTIVITIES

2.1 Freedom of Union Activities

The Company shall recognize the activities of the Union and its Members, and shall not victimize or discriminate against any Union Member in their conduct of Union activities.

2.2 Branch Union Official

(a) The Company shall recognize the right of the Union to designate Branch Unions including Executive Members and Shop Stewards as such.

(b) The Union shall inform the Company of the names, number and the distribution of Executive Members and Shop Stewards. The Company shall recognize only the Employees so Recognised on the current list.

(c) An Executive Member or a Shop Steward transferred to a new area shall cease to be so Recognised until he is elected to serve the new area.

(d) The Company will recognize the assignment by the Union of a full time Branch Union representative. The Union shall notify the Company at least three-(3) months prior to the intended assignment.

(e) The Company will release Branch Union representative who are on secondment to the National Union for a period of four (4) years. This may be reviewed before or after the four years period.

(f) All earnings of a full-time Branch Union official during the period of his secondment shall be paid by the Branch Union

(g) When a full-time Branch Union representative has been relieved of his assignment the Company in consultation with the Union will make every reasonable effort to provide suitable employment on his return.

2.3 Union Activities During Working Hours

(a) The Company shall upon request, to perform Union activities, permit Union representatives from the Office of the General Secretary to be admitted on its premises.

(b) The Company shall permit the Union to assemble its Members on its premises for Union meetings provided that the Company's permission for such meetings is obtained.

(c) Union activities during working hours by Branch Union Officials must always be with prior permission of their immediate Supervisor and when required to leave station with the permission of the General Manager.

(d) Union Officials shall leave the station of the Company upon permission from the Company to participate in the following:

(i) Standing Negotiating Committee (SNC) Meetings.

(ii) Labour- Management Consultation meetings.

(iii) Union - Management meetings.

(iv) Labour Courses and Seminars

(v) Any other Union Meeting deem appropriate.

(e) Any Employee who is permitted by the Company to carry out Union activities during rostered working hours shall be considered as being on duty.

2.4 Leave of Absence - Trade Union Courses

The Company shall grant leave of absence with pay to any Union Member who is offered scholarship by the Union to undertake Trade Union Course either in Ghana or Overseas.

2.5 Transfer of Branch Union Official

The Company shall consult with the Union in the event it becomes unavoidable to transfer a Branch Union Official.

2.6 Utilization of Company - Owned Facilities.

(a) Company facilities may be offered to Branch Union Officials to carry out their Union activities upon request.

(b) The Company shall provide suitable place(s) on its premises for the workers to put up Bulletin Boards for the benefit of Employees.

2.7 Trade Union Dues/Levies

(a) Every Member covered by the Agreement is deemed to be a Member of the Union and shall pay monthly dues/levies.

(b) The monthly dues and levies shall be deducted at source from the Employee's salary at the end of every month.

(c) Any money so deducted shall be paid as directed by the Union and not more than fifteen (15) days after the date on which wages/salaries were paid.

ARTICLE 3: ENGAGEMENT REGULATIONS

3.1 General Provision

(a) Every Employee covered under this Collective Agreement shall be given a copy of the Collective Agreement.

(b) The employment letter will clearly state, among others, the following:

Job Title

ii. Department Assigned

iii. Job Location

iv. Company Grade

V. Basic Rate of Pay Scale

vi. Effective Date

vii. Hours of Work

viii. Shift Arrangement

ix. Probationary Period

X. Fringe Benefits

(c) The employment contract will consist of an appointment letter and the Collective Agreement.

3.2 New Engagements

(a) All engagement shall be at the discretion of the Company.

(b) Company Employees shall undergo and complete any form of induction required for entry or required to meet the standard set by the Company for the confirmation of the Employee's employment to perform the job function for which the Employee has been engaged.

(c) A newly engaged Employee shall normally be paid at the minimum Basic Rate of Pay shown for the particular category of job function to be undertaken by that new Employee. In the case of an Employee with previous experience of the work or requisite qualifications, a starting Rate of Pay, somewhere within the appropriate scale, shall be paid.

(d) Every Employee shall provide personal details on a Personal Record Form for his file. All members of staff shall notify the Human Resources Department in writing of any changes on the Personal Record Form as soon as such changes occur. Copies of birth certificates should support birth of additional children and bereavement by death/burial certificates. A Marriage Certificate and statutory declaration should support a change in marital status.

(a) All engagements shall be made subject to medical fitness.

(b) All potential new Employees are required to pass a pre-employment medical examination conducted by a Registered Medical Practitioner from a Recognised Medical Facility, and to supply personal details for record purposes.

(c) Medical examinations may be required by the Company during the course of an Employee's Employment. An Employee who works in hazardous area may request for periodic medical examinations or shall be requested by the Company to take periodic medical examinations in the course of his employment.

(d) An Employee shall be entitled, subject to conditions as set out at the time of termination, to a medical examination immediately following the termination of employment (post-employment medical), always provided that any Employee who is Summarily Dismissed has no right to any such entitlement.

(e) All medical examinations, subject to any other conditions as set out in this Collective Agreement, shall be made at no cost to the Employee. Any such examinations shall wherever possible take place during normal daytime working hours, so as to coincide with the hours of work at the Recognised Medical Facility.

(f) An Employee shall not refuse to undergo any examination or other medical assessment.

3.4 Probationary Period

(a) All newly engaged Employees shall undergo a probationary period of three (3) months. If the new Employee is still in employment at the end of three (3) months he shall be deemed to be confirmed.

(b) Where there is doubt about the Employee's suitability, the Company shall write to the Employee within the three (3) months and extend the probation period not exceeding a further three (3) months.

(c) During the period of probation, an Employee's service may be terminated, with one (1) month's basic salary at the end of a three (3) month probationary period or, with a pro rated value of a month's basic salary.

(d) An Employee on probation may leave the service of the Company with one (1) month notice of such an intent failing which he will forfeit a month's salary.

3.5 Tools

(a) It shall be the responsibility of the Company to provide all the tools necessary for use by Employees. The Employee shall be held responsible for the safe keeping of tools and shall not misuse them.

(b) The Company may establish a Tool Store on any Stations. Tools issued from this Store are not for personal use, and may not be taken from the immediate area where the tools

are to be/being used for the Company purposes without the express approval of a superior Company person.

(c) The Company may issue small tools into the care of an Employee. Any such tools issued are still the property of the Company. Any Employee, if called upon at any time, and at the time of termination must return all tools so issued, and allowing for fair wear and tear, the Company always reserves the right to deduct the replacement cost of any missing issued tools from an Employee's pay.

3.6 Transport

(a) The Company shall provide all Employees with transport to and from the company, from Recognised pickup points

(b) Employees not performing their job functions from a 'fixed' place, as is the case with Accra Office, other arrangements will be put in place to transport such Employees between accommodation and the work station and vice versa.

(c) In the absence of Transport, the value thereof shall be monthly transport allowance of

Eighty Dollars ($80). This is applicable to only Accra Office.

3.7 Security

3.7.1Security Clearance

Employment shall be made subject to the Employee passing a security check. All new Employees are required to furnish full and complete details of all their employment history so that their background may be checked. If any Employee is found at any time (including any time after commencement) to have not provided full and complete, or erroneous employment history details, then that Employee will be dealt with under the Schedule of Offences.

3.7.2Security Search

The Company may search or cause to be searched the body and/or belongings of an Employee, at any time on station. An Employee shall not refuse to submit to a personal search except that no female

Employee shall be searched by a male person and vice versa.

3.8 Nomination of Beneficiary

(a) Every Employee shall give to the Company at the time of engagement, the name and address of the nominee (the Beneficiary) whom the Employee wishes to receive any appropriate entitlements or benefits due from the Company in the event of death of the Employee. In case of dispute, in respect of payment to the nominated beneficiary any payments made by the Company will be subject to the Laws of Ghana.

(b) The Beneficiary so nominated by the Employee may be changed by that Employee at any time provided the change is evidenced in writing, addressed to the Company.

(c) The Company shall forward in total, directed to the last Bank account of record, any benefits that might have accrued to the deceased Employee.

3.9 Next of kin

Employees shall also nominate on the Personal Record Form, a Next-of-Kin, the person to be contacted by the Company in case of emergency, e.g. accident.

3.10 Induction or Orientation Programme

When a new Employee or Employee newly promoted to Senior Staff assumes duty he will be given the appropriate orientation regarding his new position, conditions of services, responsibilities, security and safety.

3.11 Internal Job Vacancies

(a) In the event of a new job function being created within the Company, it shall be advertised within the Company for Employees to apply.

(b) As far as possible, all vacancies so advertised shall be filled from within the Company depending on suitable candidates being available.

3.12 Promotion

(a) Promotion shall be based on the Company's assessment of an Employee's Qualifications, Skills, Experience and Potential Contribution to the overall Company's operation.

(b) Where skills, past performance and assessed potential contribution to the Company operations are equal among candidates, length of service may be used by the Company as a determining factor.

3.13 Appraisals

The performance of all employees shall be evaluated every year to determine whether it has been satisfactory. Under performing Employees shall be notified about their short comings and remedial actions to improve their performance shall be agreed between Branch Union and the Company and then implemented as soon as possible.

3.14 Alternative Jobs for Idle Employee

(a) Where an Employee cannot be used in his normal job function capacity, the Employee will accept a reasonable alternative job.

(b) In this section an alternative job is any job whatsoever of the equivalent, of job function that the Employee normally performs, provided the alternative job is one that the Employee is trained, or competent, or physically able to perform.

(c) While the Employee is assigned a temporary alternative job he shall be paid his regular rate of pay even when the temporary alternative job requires less qualification.

(d) An Employee, who refuses to accept a reasonable alternative job, will be deemed to have refused to obey a lawful instruction without reasonable cause.

(e) Temporary alternative job assignments shall normally not be for a period longer than three (3) continuous months.

(f) Any dispute as to what constitutes reasonable alternative employment shall be resolved by the Company and the Branch Union.

(g) Any assignment to a lower category will not be made for punitive reasons.

ARTICLE 4: WORKING TIME REGULATIONS

4.1 Hours of Work

(a) Mining is a continuous operation and therefore the Company will operate twenty-four (24) hours per day, seven (7) days per week and fifty-two (52) weeks per year, on schedule of shift basis. The shift cycles and durations may vary across disciplines or sections of the mine, but should such shift work or schedule result in additional hours worked, appropriate premium will be paid.

(b) Normal working week shall be a week of 40 hours worked over five (5) days of eight (8) hours a day for all Employees. This shall be followed by two (2) rest days.

(c) The actual hours and days worked shall be arranged to suit the conditions within the requirement of the Company and any change to this roster shall be in consultation with the Branch union

(d) All Employees are required to devote the whole of their working time to the Company.

4.2 Additional Hours Rates

(a) Time worked at the request of the company in excess of 8 hours per day or on non- rostered days shall be classified as "Additional Hours" and shall be paid at the applicable rates.

(b) An employee shall have the right to refuse to work additional hours beyond his or her rostered shift hours except in the case of a breakdown, repair work, accident related work, or emergency or when in the case of an Employee on a continuous shift roster, his replacement has not arrived to assume his duties.

(c) Additional hours of work allowance as set out in this agreement shall be 25% of employees basic rate of pay for Ten (10) hour shift employees and 50% of employees basic rate of pay for Twelve (12) hour shift employees for employees covered under this collective Bargaining Certificate.

4.3 Attendance at Work

(a) Any Employee who is absent from work without good cause at the beginning of a Shift, for which the Employee has been Rostered to work, will not be paid for that day.

(b) Absence due to sickness authenticated by a Registered Medical Practitioner from a Recognised Medical Facility will be paid. If the sickness is not authenticated by a Registered Medical Practitioner, it will not be paid.

(c) An Employee shall be absented from duty by a Registered Medical Practitioner from a Recognised Medical Facility, until the date specified by the Registered Medical Practitioner.

4.4 Public Holidays

(a) The Statutory Public Holidays are those Days falling on the nominated dates published by the Government of Ghana, from time to time and any other day subsequently declared Public Holiday by the Government of Ghana.

(b) If any Employee is requested to work on a Public Holiday, the decision to work that day rests entirely with the Employee. An Employee may not be compelled to work on any such day, except as provided for in the following clause (c) of this Collective Agreement. The question as to whether or not an Employee is to work on any particular Public Holiday shall be settled in advance between the Company and the Employee.

(c) Essential Employees and continuous shift workers who are Rostered to work on a Public Holiday shall work. Any Employee of the category covered by this clause, who fails to attend for work on the Public Holiday, may be subjected to disciplinary action.

4.5 Public Holidays Worked

(a) Any Employee, who works on a Public Holiday at the request of the Company shall receive remuneration as follows: one block of eight (8) hours Basic Pay for the shift (included in the Basic Rate of Pay for the period in which the Public Holiday occurs) and an additional amount being equal to two (2) times the Basic Hourly Rate, per hour, for the number of hours actually worked on that Public Holiday.

(b) If a Public Holiday falls on Employee's scheduled rest day he shall receive one (1) extra day's pay of eight (8) hours Basic Hourly Rate.

4.6 Frustrated Work (Stand Down)

(a) If an Employee is required to work and report for work on a day that is his rostered day off (RDO) or on a public holiday and due to a breakdown or a problem with materials, or for some other reason that is beyond the control of the Employee, and because alternative work is not available, the Employee is requested to go home (placed on Stand Down), he will be paid as follows:.

1. Public Holiday: as per any Public Holiday as set out in this document.

2. If an Employee reports for duty, but before the commencement of work, he is placed on Stand Down, then he shall be paid a day's Pay.

4.7 Paid Meal Times

An Employee shall be entitled to thirty, (30) minutes paid mealtime on the working station as part of his Basic eight (8) hours of work. Mealtime shall be arranged by the Company so as to best utilize the resources of all Employees and may be varied to suit utilisation requirements.

The Company shall provide suitable canteen facilities for all Employees. The Company will provide one meal per shift for each Employee at no cost to the Employee. An Employee who is held to work additional hours of four (4) hours or more shall be entitled to another meal (light meal).

ARTICLE 5: PAY REGULATIONS

5.1 Scales/Rates of Pay

a. Every Employee shall receive the Basic Rate of Pay appropriate to his job classification as shown in the Schedule of Rates of Pay. (Appendix C)

b. Movement of an Employee's Basic Rate of Pay within a job classification, and within the bounds for that job classification will be at the discretion of the Company.

c. Should a new job be created subsequent to the effective date of this CA or should an existing job be so substantially changed in its duties or responsibilities such that the existing Basic Rate of Pay, job classification, and any other related conditions are no longer appropriate, then the Company in consultation with the Union shall determine the Basic Rate of Pay, job classification and other related conditions which shall apply to the new job function.

5.2 Change of Job Function Category

Any Rate of Pay change necessary as a result of such a movement between classifications will be effective at the commencement of the Pay Period immediately following the change in classification.

5.3 Payment of Earnings and Advance

(a) An Employee's Earnings shall be paid by the Company, directly into the bank account nominated by the Employee. Employees can only nominate one bank account for the payment of Earnings.

(b) Every Employee shall be advised of the details of payment through the bank by the Company.

(c) The Company will be responsible for the monthly bank charges incurred by an Employee as a consequence of holding a bank account for the payment of salaries. Always provided the bank charges do not exceed rates for similar service as published by bankers of the Company.

(d) At any convenient date midway through the month set by the Company, an employee shall be paid an advance not exceeding 30% of his monthly salary upon application.

5.4 Deductions from Earnings

No deductions shall be made from an Employee's Earnings other than:

- Income Tax

- Social Security

- Provident Fund Contributions

- Union Dues

- Repayment of advances. Loans and any deductions as agreed to between the Company and Branch Union

- Deduction to a final (termination) payment in accordance with this Collective Agreement

- Any other deduction required by the Laws of Ghana including any Court Order.

5.5 Paid Sick Leave (Non-Occupational)

If an Employee is absent from work due to non-occupational sickness or injury (such that the relevant Workmen's Compensation Legislation is not applicable) certified by a registered Medical Practitioner from a Recognised medical facility as not being on account of the Employee's own fault or negligence then the Employee is entitled to a Short-Term or Long-Term Sick Leave as follows:

5.5.1 Short-Term Sick Leave:

Up to 2 years1 month Full Basic

1month Half Basic

5.5.2 Long Term Sick Leave:

Length of Service: Sick Leave Benefit:

3 years and above1st 3 months - Full basic pay

2nd 3 months - Half basic pay

1. An Employee who is absent from work on account of sickness/injury shall ensure that his Supervisor is notified failing which his absence will be recorded as absent without Permission.

2. In a case where a Registered Medical Practitioner from a Recognised medical facility recommends further treatment after the maximum paid sick period has been exhausted the Company may extend the sick leave period with or without pay after consultations with the Branch Union.

3. Unused sick leave entitlements cannot be commuted to cash or any other form of benefit at any time.

5.6 Malingering

Any abuse by an Employee of the entitlements to sickness/injury benefits as set out in this Collective Agreement in terms of the genuineness of the sickness/injury as well as the period of absence allegedly authenticated by a Registered Medical Practitioner from a Recognised Medical Facility will be regarded as Malingering. 

ARTICLE 6: ALLOWANCE REGULATIONS

6.1 Acting Allowance

(a) An Employee who is formally requested by the Company to perform the job function of a grade superior to the grade in which that Employee is normally employed, shall be entitled to and be paid an Acting Allowance.

(b) To qualify for an Acting Allowance the Employee acting in the place of another Employee as set out in this section, must have acted in the higher graded position for a period of fourteen (14) consecutive days

(c) The Acting Allowance shall be 25% of the basic of the Acting Employee, calculated on a daily basis for the number of days the Employee is acting in the higher position.

(d) An Employee who acts continuously for up to six (6) months in a vacant job function of a higher graded position shall be advised of his future job function and grade within these six (6) months or be deemed to be confirmed in the higher vacant job function and grade at the end of that six (6) month period.

(e) No acting allowance shall be paid to any Employee assigned to a higher grade for the purpose of training or who is on trial for promotion.

6.2 Out-of-Station Allowance

a. An Employee who is required in the course of his duties to travel and travels away from his usual work Station shall be entitled where appropriate for the period of time covered by the travel to:

(1) Three (3) meals a day

(2) Accommodation

(3) Transport

b. Transport expenses incurred by the Employee shall be reimbursed to him by the Company, subject to prior arrangement. Legitimate Transport Expenses incurred by the employee shall be reimbursed by the company at GPRTU Rate.

c. An Employee who is required to leave his Station within half an hour of the start time of the Shift for which the Employee is rostered, will be entitled to claim breakfast and if he arrives back to Station after the closing time of the Shift for which he is rostered, shall be entitled to claim supper.

d. If the Company does not arrange at the Company's cost, for meals and/or accommodation for an Employee traveling 'Out of Station' as set out in the clauses above, then in place of any such meals and/or accommodation being provided at the Company's cost to such an Employee, the Employee so traveling, shall provide for his own meals and/or accommodation and shall be paid an allowance calculated as follows: 

i. Breakfast-GHC6.00 per day

ii. Lunch-GHC7.00 per day

iii. Supper-GHC7.00 per day

iv. Accommodation-GHC60.00 per day

e. Out-of-Station Allowances as set out immediately above shall be reviewed annually and shall take effect from the date of implementation regarding the payment of the cash equivalent of the provision of accommodation and meals shall be the date of the finalization of the rates.

6.3 Other Accommodation and Meals Arrangement

If an Employee is required by the very nature of the job function being performed at any given time (for example Exploration Employees), to be away from his Point of Hire as an integral part of the job function at that given time, then the Out of Station allowance does not apply.

Where an Employee is required at short notice by the Company due to an emergency to perform a job function in another station for an unspecified period and such an Employee is not able to return to his Domicile then the Company shall provide accommodation and meals for the Employee. In the absence of the provision of accommodation and meals the costs incurred by the Employee for those facilities shall be reimbursed by the Company.

6.4 Per Diem

The Company may as and when required send an Employee outside Ghana for training and the Employee will be provided with an allowance described as per diem. The amount of allowance shall be determined taking into account the conditions under which the Employee may be required to stay in the destination country. The Union shall be informed prior to the trip of any such decision by the Company to send an Employee outside Ghana on training.

6.5 Inconvenience Allowance

An Official who is required by the Company to relocate outside the Ellembelle district on Company business on a temporary basis for a period longer than thirty (30) consecutive days will be paid a 10% inconvenience allowance based on the monthly basic rate of pay.

6.6 Rent Subsidy

The Company shall pay a monthly rent subsidy to Employees in Cedi being the equivalent of 25% of employees basic not exceeding $300 calculated monthly using the same method of indexation as for the Basic Rate of Pay for the particular month. This Rent subsidy will be paid to an Employee by inclusion in the monthly payroll. This amount will be reviewed annually. 

6.6.1 Rent Advance

The Company will pay one (1) year rent advance to only confirmed employees based on application.

6.7 Funeral Undertaking

(a) In the event of the death of an employee, the company shall pay a donation of Three Thousand Ghana Cedis (GHC3,000) to the spouse or confirmed head of the deceased's family plus two weeks of Morturay Bill upon request. Casket shall also be borne by the Company

(b) Where the Family of the deceased Employee wishes to transport the body to their nominated hometown within Ghana, the Company shall provide free transport to convey the deceased and interested Employees. Where transport is provided, it shall return within seventy-two (72) hours. Interested Employees, immediate family members and the head of the family of the deceased if applicable, shall attend any such occasion.

(c) In the event of the death of an employee's registered spouse, the company shall pay an all inclusive package of Two Thousand Ghana Cedis (GHC2,000) to the employee. The Company shall also bear the cost of Ambulance and provide Transport to convey Employees to the Funeral upon request.

(d) In the event of the death of an employee's Registered Dependant other than the Spouse, the company shall pay an all inclusive package of One Thousand Ghana Cedis (GHC1,000) to the employee.

(e) In the event of the death of an employee's registered parent company shall pay an all inclusive package of five Hundred Ghana Cedis (GHC500) to the employee. In the event where employee loses his or her parents, the company shall provide vehicle to her employees to mourn with the said employee.

6.8 Night Shift Allowance

Night shift is defined as the period where the majority of the hours worked is between 6:00pm to 6:00am.

(a) A night shift allowance of Fifteen percent (15%) of Employee's daily Basic Rate of Pay shall be paid to an Employee for each night worked on a night shift roster where the Employee works for fifty percent (50%) or more of the nominated hours of work for each night shift. The allowance will not be taken into account for any purpose of calculating sick leave pay or payment for any authorized absence.

(b) The rostered hours of any shift, attracting this Shift Allowance shall be those established by the publication by the Company of either an individual or a common roster.

6.9 Call in Allowance

(a) An employee would be entitled to an allowance called a "Call In" Allowance if he is recalled to Duty after the end of his Rostered shift or on a Rostered Day Off (RDO).

(b) In the case of a call in after the end of an Employee's Rostered Shift, the allowance shall be an additional eighteen (18%) percent of employees hourly rate.

(c) In the case of a call in on a RDO the allowance shall be the day's worked and all applicable overtime plus eighteen (18%) percent of the employees hourly rate.

(d) An employee who is recalled to duty on a rostered day off shall be entitled to call in allowance or another RDO but not both.

6.10 Standby Allowance

An employee may be placed on standby if his job function requires his presence at the job any time within the month. An employee who is formally placed on standby will be paid an allowance of fifteen (15%) percent of his weekly basic rate for each week of effective standby.

The normal period of standby should run for a period of seven (7) consecutive days. However, the Company may arrange for employees to standby for twenty four (24) hours on a roster system, in which case the allowance may either be paid when the employee has completed seven (7) such periods of twenty four (24) hours, or pro-rata for each period of standby.

6.11 End of Contract Benefit

The Company is keen to retain its key and high performing employees. At the end of the two year contract period, an employee shall receive a benefit of 20% of his annual base salary at that date. The services will not be deemed to have been broken by any absence approved by the Company.

If during the two year contract, an employee is promoted to a more senior position, the benefit will be pro-rated based on his previous and new salaries. An employee shall only be eligible to receive this bonus if he/she is still employed by the Company at the end of the contract period and you will not receive any portion of the benefit if the contract is terminated for any reason before then.

ARTICLE 7: REASSIGNMENT

7.1Preamble

(a) The Company may move an Employee at any time from one work station to the other in order to allow the Employee to perform any job function within the exigencies of the operations of the Company and this may entail reassignment or transfer or both.

(b) Reassignment means movement of an Employee either between job functions within the same work station or another work station or the performance of the same job function at different work stations.

(c) Transfer means the 'relocation' of an Employee and/or his registered Dependents necessitated by the request of the Company and acceptance by the Employee to relocate in order to perform the job function required at another work station. Where the Employee can still utilize the transport made available by the Company to travel to the reassigned work station or utilize the accommodation unit from where the Employee travels to and from work, the movement of such an Employee regardless shall not constitute transfer.

(d) A reassignment which the Company intends for an Employee to be for a period of more than six (6) months is permanent otherwise it shall be called temporary reassignment.

(e) Employees performing at the Exploration operations of the Company are by the very nature of work assigned necessarily 'moving' and 'relocating' from their point of hire so the conditions relating to reassignment and transfer do not apply. The conditions may however be resorted to as a guide to reach an agreement with Employees within the Exploration operations of the Company where the domestic arrangements of an affected Employee is significantly changed.

7.2 Permanent Reassignment

The Company shall give at least one (1) month's notice to the Employee whom it wishes to Permanently Reassign or make payment of one (1) month's Basic rate of Pay in lieu of notice.

Where the Company intends an Employee to go on Permanent Transfer, the Company may offer the Employee the option of being accommodated for Two (2) months or being paid Two (2) months Basic Rate of Pay as Transfer Allowance to assist him to secure accommodation

As far as possible, a Permanent Reassignment shall be timed to coincide with the end of the school year.

The Company shall provide transport to convey the Employee on Permanent Transfer, and his personal effects to his new Station, subject to prior arrangement. If transport is not provided, the Company shall on the presentation of relevant receipts, reimburse the Employee his transport expenses.

If an Employee on Permanent Transfer moves his registered dependants to his new Domicile then the Company shall provide transport to convey his registered dependants and their personal effects to his new Station, subject to prior arrangement. If transport is not provided, the Company shall on the presentation of relevant receipts, reimburse the Employee such transport expenses.

Subject to prior inspection the Company shall bear the cost of making good any damage done to the Employee's personal effects in the course of transportation.

If an Employee is Permanently Transferred from his Base Station, and subsequently leaves the service of the Company within twelve (12) months of that transfer, by reason of termination with notice or resignation with notice, he shall be provided transport to convey himself, his registered Dependants and their personal effects to his hometown or back to the Base Station that he left to proceed on the permanent transfer, if he so desires. This repatriation is a special case applicable to an Employee on Permanent Reassignment as set out in this clause.

7.3 Temporary Reassignment

(a) The Company shall provide transport to convey the Employee proceeding on Temporary Reassignment.

(b) An Employee shall be entitled to the Out-Station Allowances as set out in this Collective Agreement, while on Temporary Reassignment if the Company does not make arrangements for accommodation and/or meals at the cost of the Company.

(c) If the Company decides while an Employee is on Temporary Reassignment to make that reassignment a Permanent Transfer Reassignment, the Employee shall be given no less than one (1) month's notice or payment of one (1) month Basic Rate of Pay in lieu of notice.

(d) If an Employee is on Temporary Reassignment and that reassignment is to be made Permanent, then the Employee shall be entitled to one (1) week of Special Leave with pay at Basic Rate, and transport to and from his Area of Domicile, in order to prepare his personal affairs consequent upon the Permanent Transfer Reassignment.

(e) The Employee shall also be entitled to the other conditions relating to Permanent Reassignment from the date Permanent Transfer Reassignment is confirmed, in relation to the movement of personal effects and return to Base Stations (within twelve (12) months).

7.4 Reassignments - Special cases

(a) If an Employee is being considered for reassignment as a consequence of a reduction in the number of people performing particular job functions in the operations of the Company, that Employee may choose to either accept the reassignment or be made redundant.

(b) If an Employee is being considered for reassignment as a consequence of an occupational injury/disease where a Medical Board has deemed the Employee fit for duty, but recommends an alternative job function, then an ad-hoc Committee including Branch Union of GEMM shall be formed to review the circumstances and make a recommendation to the General Manager. The Committee shall be made up of not more than five Employees, one of whom must be the person who would be the immediate Supervisor of any such Employee and one of whom must be the General Manager or his representative, who shall be the Chair of the Committee. The ad-hoc Committee shall have the right to call upon any interested party in its deliberations.

7.5 Secondment

The Company may request an Employee to travel outside Ghana on special assignment on secondment to other African Countries where the company operates, the terms of remuneration will be proposed prior to the trip. The request to the Employee shall be determined solely by the Company. The Union shall be a party to the determination of the terms and conditions applicable to the Employee on secondment.

ARTICLE 8: LEAVE REGULATIONS

8.1 Paid Annual Leave

1. On completion of one year's continuous service with the Company in the context of two year contract, an Employee shall be entitled to Twenty-five (25) Working days Annual Leave for the first two years and Thirty (30) working days for the subsequent years.

2. Employees who would not have completed one (1) year of continuous service shall be rostered to take annual leave at a date other than their anniversary.

3. The entitlement date for Annual Leave for any Employee who proceeds on 'early' Annual Leave will therefore be changed to the date when the Employee proceeded on the Annual Leave and this date will become the entitlement date for that Employee going forward, regardless of that Employee's commencement date.

4. The due date of a confirmed Employee's Annual Leave shall commence from the start date of the probationary period and not the date of confirmation.

5. The Company shall prepare a Departmental Annual Leave roster showing the dates that Employees are due to proceed on leave and number of days for each Employee.

6. Leave may not be normally accumulated for more than the equivalent of one-year entitlement.

7. Leave may be suspended or deferred at the request of the Company in consultation with the Employee. An Employee whose leave is deferred shall officially be notified to that effect in writing and the next effective date shall be calculated from the original date he was supposed to have started his leave.

8. Leave may be interrupted at anytime, if the exigencies of service demand that an Employee is required by the Company to return to work before expiry of his leave period.

9. Any Employee whose leave is interrupted by the Company shall be paid 18% of his Daily Basic salary plus the days worked to compensate for the interruption to that period of Annual Leave. The Employee may take the rest of his leave at a later date. Except with the prior approval of the General Manager of the Company the leave of an Employee shall not be interrupted for any cause.

10. An Employee who is prevented by ill health from returning to duty at the end of his leave shall cause his supervisor to be notified not later than three (3) working days after the end of leave.

11. Employee who does not cause his supervisor to be notified before the expiration of five (5) working days will be deemed by the Company to have abandoned his Employment.

12. An Employee who is prevented by ill health from returning to duty at the end of his leave, shall on resumption of duty, submit to the Company a medical certificate endorsed by a Registered Medical Practitioner authenticating the Employee’s ill health.

13. A Public Holiday falling within the period of Annual Leave shall extend the period of paid Annual Leave.

14. An Annual Leave entitlement may be taken in parts.

8.2 Leave Pay on Leaving Employment

(a) If an Employee ceases to be employed by the Company for any reason, that Employee shall receive payment for any Annual Leave Entitlement, standing to his credit.

(b) In the case of an Employee who is Summarily Dismissed, all accumulated leave pay, as required by the relevant legislation, will be forfeited.

8.3 Maternity Leave

(a) On production of a Medical Certificate signed by the Company Medical Officer, or where circumstances demand, by a Registered Medical Officer, or Registered Midwife, a pregnant Employee with not less than a year's continuous service shall be granted maternity leave with pay.

(b) Subject to sub-section (a) above, a pregnant Employee shall be eligible to maternity leave as follows:

i. Twelve (12) weeks

ii. In addition, a further four (4) weeks unpaid leave may be taken either before or after confinement.

iii. The period of confinement shall be extended by an additional eight (8) weeks where the confinement is abnormal or where in the course of the confinement two or more babies are born.

iv. Accrued unspent leave may be taken.

(c) On resumption of duty, for a period of up to twelve (12) months, a nursing mother shall be granted a paid period of a total of sixty (60) minutes per day in order to nurse her child/children.

(d) Where a female Employee is absent from work in accordance with the provision of sub¬section "a" above or remains absent for a long period as a result of illness certified by a Registered Medical Practitioner or Midwife as arising from the pregnancy and rendering her unfit for work, she shall not, until her absence has exceeded such maximum period as may be prescribed by the Registered Medical Practitioner or Midwife, be given notice of termination.

8.4 Paternity Leave

Male employees would be granted up to three (3) working days paternity leave upon request when their wife's deliver.

8.6 Bereavement Leave

An Employee faced with bereavement involving the death of a close relative shall be granted up to Ten (10) working days leave with pay, at the daily Basic Rate of Pay, in a calendar year. In this context a close relative means any of the following: a Grand-

Parent, a Parent, Parent-in-Law, Brother or Sister of the Employee, and Employee's Dependants, provided the relative is registered in the Company's records.

8.7 Casual Leave

An Employee may, on request and solely at the discretion of the Company, be granted casual leave of up to five (5) working days without pay after one year of continuous service.

ARTICLE 9: DISCIPLINARY REGULATIONS PREAMBLE

These regulations shall be applied always provided the Branch Union of GEMM is called to participate in the disciplinary enquiry.

9.1 Introduction

(a) Where it appears to the Company in the exercise/discharge of its rights/responsibilities in respect of discipline that there are circumstances such that investigation into the matter is required, then disciplinary regulations may be applied.

(b) The Company shall set up a Disciplinary Committee to investigate any matter where same is required.

(c) The Disciplinary Committee shall be made up of five (5) members constituted by three

(3) representatives from the Company one of whom shall be the Chairperson and two (2) members by the Branch Union .

(d) It shall be the responsibility of the Disciplinary Committee to deliberate in a fair, impartial and equitable manner to come to a determination of the matter for which the Committee was convened.

(e) It shall not be necessary to convene a Disciplinary Committee where on a balance of probability by the evidence available to both the Company and the Branch Union , the fact is undisputed that an offence has been committed.

(f) An Employee suspected of committing an offence occasioning disciplinary measures shall be accorded the full right of defense either orally or in writing.

(g) The Employee whose conduct is the subject of deliberation by the Disciplinary Committee shall be entitled to call in any other Employee in the defense of the allegations against him.

(h) The Disciplinary Committee shall prepare a report setting out the process, proceedings and findings of its deliberations and presenting the required report to the General Manager or other superior officer who convened the Committee within five (5) working days immediately following the day(s) of the Committee hearings on the matter. A verbal report may precede the written report.

(i) The General Manager or his appointee will make the final decision concerning disciplinary measures, taking into account the report of the Disciplinary Committee.

(j) An Employee's previous record in the course of his/her employment with the Company shall be considered when determining the final decision to be taken.

(k) Where the General Manager or his appointee disagree with the Committee's recommendation, he/she should relay back to the Committee in writing setting out his disagreement.

9.2 Interdiction Procedure

(a) If an Employee is suspected of having committed an offence, which will require investigation, then the Employee shall be interdicted on one-half (Yi) of Basic Rate of Pay pending the final disposal of the case.

(b) A period of thirty (30) calendar days from the date the offence is brought to the attention of the Company, shall be allowed for the final disposal of the case, except where the Employee who is alleged to have committed an offence is, due to injury or some other valid reason, not able to be accorded the full right of defense either orally or in writing. In such a situation the matter shall be held over and resolved no later than thirty (30) calendar days after the Employee is deemed fit to return to work even though that Employee may be on interdiction.

(c) If the matter is not disposed of within the period stated in clause (b) above due to no fault of the Employee then the Employee's interdiction shall be revoked and recalled to duty until the final disposal of the matter.

(d) An Employee placed on interdiction and under investigation, provided that Employee is physically capable, shall attend any Disciplinary Committee hearing, if requested. An Employee, duly called before a Disciplinary Committee who fails to attend any Disciplinary Committee hearing when requested, shall be deemed to have terminated his service with the Company, without notice, effective as at the scheduled start time of the relevant Committee hearing.

9.3 Legal Assistance for Employees

In the event of Court proceedings being brought against an Employee for an offence he is alleged to have committed in the course of the lawful duties of the Employee, the Company shall ensure that Defense Counsel is available to defend the Employee.

9.4 Absence from Work / Absenteeism Penalties

(a) No Employee shall be absent from work on any of his rostered working day without permission.

(b) The offence of being absent from work on a rostered workday without permission shall be dealt with differently from all other offences and shall be exceptional to the interdiction procedure. It shall be dealt with by the issue of a series of warning notices, followed by termination.

(c) A warning notice may be either written or verbal, but for the verbal notice to be effective, a written record must be placed on the Employee's personnel file to the effect that a warning has been given.

(d) When an Employee has absented himself from work without prior permission given him by the Company, he shall be given first and second warnings followed by termination as shown below:

1. Two (2) absences without permission in a period not exceeding twelve (12) months. (FIRST WARNING)

2. Two (2) additional absences without permission in a period not exceeding twelve (12) months measured from the date of the first absence as set out in (1) above.

(SECOND WARNING)

3. One (1) additional absence without permission (making a total of Six-(6) accumulated in a period not exceeding twelve (12) months measured from the date of the first absence as set out in (1) above.(TERMINATION)

(e) Where an Employee has been continuously absent for five (5) rostered working days, without prior permission given him by the Company, he shall be deemed to have vacated his post from the employment of the Company and will be terminated without notice as at the first day of the unauthorized absence. In such a circumstance the Company records will show the Employee as Terminated and the Company will not be obliged to accept a backdated letter of resignation.

(f) In this Condition relating to Absenteeism the words "terminated without notice," means that the Employee is deemed to have terminated his employment without notice and therefore forfeits the right to any entitlement to payment for any termination notice period.

(g) In exceptional circumstances, for bona-fide reasons and solely at the discretion of the Company Head of Department and/or the General Manager may determine that absence without permission shall not be counted towards the issue of warning or termination.

ARTICLE 10: GRIEVANCE AND INDUSTRIAL DISPUTE PROCEDURES

10.1 Introduction

It is recognized that there are two kinds of disputes, which might develop between the Company and Employees during or at the expiration of this Collective Agreement.

The first kind of possible dispute shall be termed a "Grievance".

The second kind of possible dispute shall be termed an "Industrial Dispute".

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

10.2 Grievance

(a) A grievance shall be defined as a cause for complaint or protest. This may be either real or imagined and shall normally arise as a result of a decision by the Company connected

with a supposed non-compliance with this Collective Agreement, or its interpretation application of these Conditions.

(b) The parties to this Collective Agreement recognize that the grievance should be resolved promptly and, as close to the lowest level as possible and the following procedures shall accordingly be observed in settling all grievances:

Step 1. Where an Employee is dissatisfied with any decision by the Company on any matter affecting his conditions of employment and he wishes to register a grievance he shall, in the first place, report his grievance or the causes of his dissatisfaction direct to his Supervisor. The Supervisor shall investigate and deal with the matter within forty-eight (48) hours.

Step 2. Where the Employee is dissatisfied with the findings of his Supervisor he shall refer it to his Head of Department who will resolve the matter within three (3) days. The Head of Department shall invite the Employee and his Supervisor together with a representative of the Human Resources Department and a representative of Branch Union to discuss with a view to resolving it.

Step 3. In the event the Employee is dissatisfied with the outcome of the meeting and decision of the Head of Department, he shall submit the grievance to the General Manager. The General Manager shall invite the Employee, a representative of Branch Union , the Employee's Head of Department and the Head of the Station Human Resources Department to resolve the matter. The General Manager shall deal with the matter within a period of five (5) days.

Step 4. If the Employee is still dissatisfied the decision of the General Manager, then the Branch Union may request that the matter be referred to the Sub-Committee of the Standing Negotiating Committee (SNC). This request together with all supporting documentation concerning previous meetings and the like shall be forwarded to the Sub-Committee within one calendar week of the request being made, and the Sub-Committee shall be obliged to make an assessment and a decision on the matter within the period of one calendar week from the receipt of such documentation.

Step 5. If the issue is still unresolved, the matter shall be referred to the SNC by the aggrieved party within one (1) calendar week of the decision of the Sub-Committee.

Step 6. If the issue can still not be resolved at this stage the matter shall be dealt with in accordance with the Labour Act, 2003 (Act 651).

10.3 Industrial Dispute

(a) An Industrial Dispute shall be defined as:

A dispute between an Employer and one or more Workers or between Workers and Workers which relate to the terms and conditions of employment, the physical condition in which Workers are required to work.

(b) In the event of an Industrial Dispute;

1. The matter shall be first brought to the attention of the Human Resources Manager. The Human Resources Manager will bring the matter in dispute to the attention of the General Manager, as soon as practically possible.

2. There shall then be set up whatever process or procedure is believed to be the most appropriate by the General Manager, to allow the matter to be discussed so that a binding resolution between Branch Union of GEMM and the Company can be made.

3. Any such resolution must be made in fairness to both parties, others potentially affected by it, and in the interests of the continuance of the Company's operations, and made as promptly as practicable.

4. In the event a resolution cannot be reached the matter shall be dealt with in accordance with the provisions of the Labour Act, 2003 (Act 651), as may be amended from time to time.

5. In the event of a deadlock between the Company and the Union the parties shall communicate such a dispute to the Labour Commission in accordance with the provisions of the Labour Act, 2003 (Act 651).

10.4 Action in Industrial Dispute

Any Action in Industrial Dispute, including a strike and/or lockout, shall be in compliance with the requirements of the Labour Act, 2003 (Act 651) as may be amended from time to time.

10.5 Illegal Industrial Action

Any Employee, whose Employment is covered by this Collective Agreement and who takes any Industrial Action that ignores the Grievance and/or the Industrial Action procedures as laid down in this Collective Agreement is engaging in an Illegal Industrial Action. Engaging in an Illegal Industrial Action shall be grounds for Summary Dismissal.

ARTICLE 11: LEAVING THE SERVICE OF THE COMPANY

11.1 Introduction

The modes by which an Employee may leave the service of the Company shall be as follows:

i. on resignation

ii. on reaching retirement age

iii. by retirement on medical grounds

iv. upon incident of death

v. by termination of appointment, (by either party)

vi. by summary dismissal (by the Company)

vii. by end of contract

The Company upon request shall give a Certificate of Service to any employee who leaves the

services of the Company.

11.2 Resignation

(a) A confirmed Employee who wishes to resign from the service of the Company shall give one (1) month notice or pay in lieu of notice of his intention to resign.

(b) The Company may choose to accept the resignation with immediate effect, or at the end of the one (1) month period nominated by the Employee.

(c) If the Company chooses to accept the resignation of the Employee with immediate effect, then the Employee shall be entitled to one (1) month Basic Rate of Pay in lieu of the notice period.

11.3 Retirement: On Reaching Statutory Age

(a) Retirement from the service of the Company by reason of Age shall either be voluntary or compulsory.

(b) The statutory age for retirement shall be as prescribed in the relevant Social Security Law as may be in force from time to time.

(c) An Employee who wishes to retire voluntarily shall give the Company three (3) months notice.

(d) An Employee shall be notified of his date of compulsory retirement at least three (3) months prior to the date of compulsory retirement.

11.4 Retirement on Medical Grounds

An employee may be retired on medical grounds by the Company Medical Officer when found to be unfit to carry out his or her duties as a result of ill health occasioned by occupational or non occupational injury or disease. The Company shall arrange to get the employee examined by a Medical Board. The decision to make this arrangement shall be reached in consultation with the Union.

11.5 Termination of Employment

In the event of an employee being found guilty of an offence warranting Termination in accordance with the schedule of Offences, the Company may terminate the employee's appointment by giving him one (1) month notice or one (1) month Pay in lieu of notice.

11.6 Summary Dismissal

In the event of an Employee being found guilty of an offence in accordance with the Schedule of Offences regarding Summary Dismissal Offences, he shall be Summarily Dismissed.

11.7 End of Contract

An employee's Contract shall expire and automatically terminate on the last day of the Contract and thereafter the Parties shall have no further obligation to each other unless both parties mutually agree in writing to a renewal of the Contract.

ARTICLE 12: COMPENSATION FOR LOSS OF EMPLOYMENT

a. In case of retirement on grounds of non-occupational ill health, the affected Employee shall be paid Six (6) months Basic Rate of Pay.

b. Where an Employee is to be retired on Medical Grounds on account of occupational ill health, he shall be paid Sixty (60) months Basic Rate of Pay. Where an employee is totally incapacitated as a result of injury/disease, the Company in consultation with the Union will decide on resettlement in addition to any relevant Workman's Compensation legislation as may be in effect at the time.

c. Where an Employee is to be retired on Medical Grounds on account of occupational ill health, and the Employee has become totally incapacitated as a result of that injury and/or disease, the Company in consultation with the Branch and the Employee's nominated spouse or a designated family representative, where appropriate will decide on repatriation compensation, if repatriation to the Employee's home-town is not appropriate on the advice of a Registered Medical Practitioner.

d. Injured or total incapacitated employee shall be entitled to free medical treatment whiles on retirement.

e. In the case of the death of the employee resulting from work place accident or industrial disease, an amount of Forty (40) months shall be paid to the employee's beneficiary in addition to any compensation payable under the relevant Workmen compensation as may be in effect at the time.

ARTICLE 13: MEDICAL REGULATIONS

13.1 General Provisions

(a) Treatment for any injury, or occupational disease, that is work related is covered by Workmen's Compensation Law, 1987 (PNDC 187) and any amending or replacement Legislation. The following section on Medical Treatment refers to treatment not otherwise covered by Workmen's Compensation Law.

(b) For all situations including Medical Benefits, the maximum number of registered Dependants for any one Employee, shall be five (5) being; one (1) only Spouse plus four (4)Biological/adopted (with proof) Children who are eighteen (18) years of age, or up to the age of twenty four (24) if pursuing formal education and are neither employed nor married. So there is no doubt, it is the responsibility of the Employee to inform the Company if any change in status occurs that changes the lists held by the Company, of the Employee's Dependants either by addition or removal. So there is no doubt, if an Employee is married by custom or ordinance, and subsequently ceases to be married, then, unless that Employee can show proof of maintaining total support of that Employee's former partner, the former partner is no longer a registered Dependant covered by the Conditions contained in this document.

(c) The introduction of a health insurance Scheme however will not diminish the level of medical treatment offered an Employee.

(d) Pre-employment medical costs will be borne by the Employer.

13.2 Extent of Medical Treatment

The Company will arrange to provide Medical Treatment for all Employees and their Registered Dependants at Recognized Medical Facilities.

(a) Self Treatment items will not be paid for by the Company. So there is no doubt, the Company will not be responsible for payment of any pharmaceutical charges made if the supply is not substantiated by a prescription from a Registered Medical Practitioner from a Recognised Medical Facility.

(b) Maternity cases involving Employees' daughters are not covered by this Collective Agreement.

(c) The Company shall be responsible for the cost of surgical cases determined by a Registered Medical Practitioner from a Recognised Medical Facility as corrective of a condition of an Employee only with the prior approval of the Company.

(d) An Employee shall continue to visit the Registered Medical Facility of first visit for treatment of a condition until the completion of his treatment or until referred to another Recognised Medical Facility or a Specialist Medical Practitioner or Specialist Medical Facility. Where an Employee's work Station and Domicile are however sufficiently separated that it would not be reasonable to visit the same Registered Medical Facility then it may be permissible for an Employee to visit different Recognised Medical Facilities for the treatment of the same condition.

(e) The Company reserves the right not to pay medical costs associated with abortions, (unless the medical advice is taken from a Registered Medical Practitioner and where the person's life is at risk).

(f) The Company reserves the right not to pay medical costs associated with drug abuse.

(g) If an Employee is unable to perform his original job function as a result of injury /disease after he has been declared fit but not necessarily fit for his original job function, by the Recognised Medical Facility or a Medical Board convened for the purpose, he may be re¬trained for the purpose of reassignment or paid out as though as being made redundant.

(h) The Company recognizes that a situation may occur where an Employee and/or Dependant may require equipment to be available for treatment. If any such equipment is purchased by the Company either directly or with approval, by reimbursement to the Employee, then that equipment is the property of the Company when the Employee is declared fit and shall be as if it were equipment issued as tools.

(i) The Company reserves the right not to extend the medical benefits described in this Section (titled Medical Regulations), to persons in the following categories:

1. Repeated infections of sexually transmitted diseases.

2. Chronic alcoholism or use of stimulants, drugs or narcotics except when prescribed by a Medical Officer.

(j) The Company may lawfully require an Employee to attend a Registered Medical Practitioner from a Recognised Medical Facility and/or a Medical Board at any time. No Employee may refuse to attend a Registered Medical Practitioner from a Recognised Medical Facility and/or a Medical Board if so directed. Any refusal of the above will be deemed to be the refusal to obey a lawful instruction.

(k) Composition of the Medical Board shall be made up of a representative of one nominated Medical Doctor by the Union, One nominated Medical Doctor from the Company and one independent Medical Doctor.

13.3 Return to Duty following Injury / Disease

An Employee who has been given an excused duty by a Registered Medical Practitioner as a consequence of any injury/disease, and has been away from his job function for a period more than ninety (90) calendar days, shall before resuming any duties present a medical assessment of his condition certified by a Registered Medical Practitioner from a Recognised Medical Facility. Where the assessment is disputed however a Medical Board shall be set up to determine the fitness of the Employee to resume duty.

13.4 Medical Expenses Outside of the Station

(a) The cost of medical treatment incurred by an Employee in respect of himself and/or his registered Dependant/s, at any Government hospital or registered medical centre, clinic or health post in Ghana, should the Employee be away from his workplace on an approved leave, shall be reimbursed by the Company on production of a valid prescription and receipts.

(b) Any Employee who is referred by a Registered Medical Practitioner from a Recognised Medical Facility to a Medical Facility Outside the Station, shall be provided with transport, food and lodging or in lieu thereof shall be paid an Out-of-Stations Allowance as set out in this document.

(c) A sick employee or his registered dependants who is referred by a Medical Officer to another hospital outside his place of work shall have his transport expenses reimbursed. The sick employee shall also be paid an out-of-station allowance in cases where the company does not provide board and lodging.

(d) In the case of the employee's registered dependant or where the company Medical Officer recommends that a person should accompany the sick employee the company shall reimburse their transport expenses and pay an out-of-station allowance for boarding and lodging as set out in this document.

(e) In this section a reference to the provision of transport means either transport expressly arranged by the Company or the payment of an allowance for transport as set out in this Collective Agreement.

(f) It is the responsibility of an Employee to ensure that wherever possible, continuing treatment, for the Employee and/or Dependants, is managed by the originating Registered Medical Practitioner from the referring Recognised Medical Facility. Any and all on-referrals from a Medical Facility must be communicated to, and authorized by, the originating Registered Medical Practitioner from the referring Recognised Medical Facility. The Company will not cover the treatment costs and/or any other costs and/or pay any allowances, of any on-referrals that have not been properly authorized.

13.5 Dental Treatment

(a) If a Registered Medical Practitioner from a Recognised Medical Facility considers the services of a Dental Professional necessary to the case management of an Employee and/or Dependant, then, the provision of dentures and bridges exempted, the conditions in clauses 13.02 and 13.04 shall apply.

(b) If any dental treatment may be required as a result of workplace injury and such treatment is not covered under Workmen's Compensation Law, the Company having given prior approval, will pay the costs associated with the treatment, subject to the same conditions as set out in "Extent of Medical Treatment Medical" and/or "Expenses Outside of Stations".

13.6 Optical and Ophthalmic Treatment

(a) Sight-testing where recommended by a Registered Medical Practitioner from a Recognised Medical Facility, shall be at the cost of the Company.

(b) Spectacles will be provided only to Employees. Any such spectacles must be Prescribed Spectacles and will be provided free of charge if recommended by a Registered Medical Practitioner from a Recognised Medical Facility. The Company must pre-approve the cost of the spectacles.

(c) Ophthalmic treatment shall be subject to the Conditions set out in the "Extent of Medical Treatment Medical" and/or "Expenses Outside of Stations.

ARTICLE 14: ACCIDENTS AND WORKMEN'S COMPENSATION

(a) In his own interest and that of others, every Employee is expected to take care his work and endeavour to prevent accidents.

(b) No Employee shall work or drive any equipment or vehicle unless he has been trained and certified to operate that piece of equipment or unless he is under the direct supervision of a person competent to train Employees on that item of equipment or vehicle.

(c) No Employee shall be assigned to work that is likely to cause injury or be manifestly in excess of his strength.

(d) An Employee shall comply with instructions given for his own safety and health and that of others.

(e) No Employee shall work under any conditions that are hazardous and dangerous.

(f) All accidents must be reported immediately by all witnesses to their immediate Superior.

(g) An Employee who may sustain injury or contract an occupational disease arising out of and in the course of his employment, shall be treated by the Company until such a time that he is fit to resume work or is retired on medical grounds. The Employee shall be paid his Basic Rate of Pay and other applicable allowances during the period he is off work.

(h) Compensation, if applicable, is paid in accordance with the Workmen's Compensation Law.

ARTICLE 15: TRAINING

15.1 General

(a) No Employee shall be employed in work of any description unless that Employee has received the necessary instructions and training including safety and health so as to be able to do the work competently and safely.

(b) Individual records of all such training where necessary, re-training shall be maintained on the Employees personal records.

(c) The nature and period of training or re-training for all the various categories of employment shall be made known to the Employees concerned.

(d) The Company may undertake In-service, or provide external training of an Employee with the objective of creating a pool of Employees competent to perform a number of tasks.

(e) The Company does not guarantee that because an Employee has undergone and successfully completed a period of training, there is any automatic promotion or change of Pay Scale Grade for the Employee who has undergone that training.

(f) The Basis for identifying training needs of Employees is through Succession Planning and Career Development Plan.

15.2 In-Service Training

(a) Internal training in the form of periodic lectures and demonstrations shall be provided by the Company to impart additional production / maintenance and administrative techniques to Employees to improve upon their skills.

(b) The Company undertakes to train its Employee for promotion. Where an Employee is being trained for promotion, he shall be informed of the job function to which he may be promoted if he successfully completes the training although the training itself is not an undertaking by the Company that the Employee will be promoted.

15.3 Financial Assistance for Education

(a) Where an Employee is undertaking an approved course by the Company, fifty percent (50%) of the education cost of the course shall be borne by the Company at the commencement of the course.

(b) If the Employee completes and passes the whole of the course, the remaining fifty percent (50%) of the education cost shall be paid to him upon production of a certificate of proof of that successful completion.

(c) If an Employee does not successfully complete the whole of the course, but passes part of the course, the Company may pay the Employee a pro-rata amount of the education cost of the course, based on the portion of the course passed as against the whole of the course.

(d) If an Employee undertaking such a course does not pass the course in whole or in part and is approved by the Company to continue the course, then on passing that portion of the course previously not passed, the remaining fifty percent (50%) of the education cost shall be paid to him upon production of a certificate of proof of that successful completion.

15.4 Education Assistance to Employee's Children

(a) The Company has in place a process to assist with the educational expenses of the registered Dependant of Employees attending Kindergarten/Primary/Junior High School / Secondary / Technical / Vocational / Commercial Schools / Polytechnics and Universities in Ghana who are neither married nor employed up to the age of twenty four (24) and in continuous education.

(b) This Assistance is opened to Employees who have registered their Dependents in the company's records.

(c) The Employees whose registered Dependant benefit under this scheme shall present the payment receipt plus the school bills of the Dependant at the end of each term to the Company.

(d) The extent of financial obligations on the part of the Company in respect of the Assistance under this section shall be limited to a maximum value of cedi as set out in the relevant Appendix F to this document per child per school term.

(e)T he company may maintain the educational subsidy awarded to Registered Dependant who leave the service of the company under Occupational Retirement on Medical Grounds or Occupational Death. The duration of subsidy is limited to the level at which the dependant is at the time of the incident.

ARTICLE 16: SAFETY, HEALTH AND ENVIRONMENT (SHE)

16.1 General Provisions

(a) The Company, and all Employees must be committed to improving the quality of life of all, by:

i. elimination of injury or accidents

ii. providing a safe working environment

iii. maintaining safe working practices

iv. maintaining eco-friendly environmental practices.

(b) Copies of the relevant portion of the Mining Regulations and the Company's Safety, Health and Environment (SHE) policies shall be made available to an Employee upon commencement.

16.2 Employee Duty

The Employee has a duty of care to the Employer and in the performance of that duty, the Employee agrees to the following:

1.To wear safety equipment provided.

2.To follow safe work practices.

3.To abide by safety regulations and instructions.

4.To attend safety meetings.

5.To work in a safe manner, which minimises the risk of injury to himself and fellow Employees.

6.To work in a responsible manner to minimise damage to property.

7.To work in a responsible manner to minimise health risks to any other person.

8.To work in a responsible manner to minimize the impact of the Company operations on the environment.

9.To obey all lawful instructions concerning the carrying out of duties.

16.3 First Aid Requirements and Training

(a)Facilities for first aid and emergency treatment in case of accidents shall be provided as close to all points where work is performed, as practicable as possible.

(b)As far as practicable selected Employees shall undergo a training programme at the Company cost, to enable them to qualify for a recognized first aid certificate.

16.4 General Welfare

(a)At permanent job stations the Company shall provide adequate and suitable sanitary locations to be accessible to ail Employees within a reasonable distance of their work places. These shall be maintained and kept clean. Effective provision shall be made for their lighting and ventilation.

(b)Wherever practicable the Company shall provide suitable protective shelters for all Employees who work in the open air during conditions of adverse weather.

16.5 Supply of Protective Clothing / Uniform and Equipment

(a) The Company shall issue suitable protective clothing and/or uniform and/or other protective equipment and devices at no cost to the Employee except as provided for below. Any such issue shall be used by the Employee concerned in the performance of his duties, and the Employee shall be responsible for the care and custody of the issue.

(b) The Company shall issue suitable protective clothing or uniforms and protective equipment to Employees, to commensurate with the work they do.

(c) The protective clothing and devices shall conform to such standards as may be specified by the Mines Department.

(d) The Company shall replace worn out protective clothing and equipment only when a worn out item is returned to the Company. In the case of the replacement of such items as clothing, footwear, safety glasses, which are worn by an Employee, the replacement shall be on the "new for old" basis.

(e) An Employee who is determined by the disciplinary process to have lost any protective equipment may be required to pay the Company, the full, or a proportional cost, of replacement.

(f) An Employee who is determined by the disciplinary process to have stolen Company's property may be made to suffer Summary Dismissal.

(g) The Employee is to return any protective clothing, uniform and equipment to the Company at the end of his employment. If an Employee at the time of leaving the service of the Company for whatever reason does not return all items, then the Company may deduct the full cost of replacement from the Employee's final Pay entitlements.

16.6 Vibration

The Company shall take such measures as are practicable to minimise the adverse effects of vibration on an Employee's health.

16.7 Safety Health and Environment (SHE) Committee

(a)The Company and the Union shall form Safety, Health and Environment (SHE) Committee at each department (if appropriate) for the purpose of:

1.Safety Inspections

2.The enforcement of safety rules

3.Accident investigation

4.Serious incident investigation

5.Safety education

6.Coordinating safety and health activities

7.Investigation and reporting on Health issues

8.Investigation and reporting on Environmental issues.

(b)The Committee shall be made up of Senior Company personnel and a number of Employees selected by the Union to serve on this Committee.

(c)The number of members of the Committee, and the basis for selection will be determined by the Company and the Union.

(d)Members of the Committee shall have an on-going role to bring to the attention of the Company at any time, any matters on the day to day operations at the Station that have or likely to have an impact on Employee Safety and/or Health and/or matters likely to have an impact on the Environment within the context of the Company operations.

16.8 Safety Award

The Company shall institute Safety Award to all Employees. The method and type of award shall be agreed upon by the Company and Branch Union of GEMM.

ARTICLE 17: PROVIDENT FUND SCHEME

All two-year (2) year contract employees shall be members of the existing provident fund scheme.

(a)The Provident Fund (PF) has been set up separately from the Company, and is being administered and controlled by a financial institution.

(b)The company and the Union shall establish the rules and regulations governing the Provident Fund scheme.

(c)The commitment of an Employee, as a Condition of any Employment contract, will be, subject to these Conditions, to have a monthly deduction made from the Employees Earnings, and for that deduction, together with the deduction from every Employee, to be forwarded by the Company to the Financial Institution.

(d)The commitment of the Company is to match for value, the deduction being made for each Employee and remit that matching value to the Fund each month together with the Employees deduction/contribution.

(e)The Rules of the Fund are to be contained in documentation separate from this Collective Agreement

(f)Every long term contract (2 years) Employee of the Company, on Appointment shall become a member of the Provident Fund Scheme.

(g)The Contribution towards the PF shall be as follows:

by an Employee - Ten Percent (10%) of the Employee's Basic Rate of Pay. by the Company-Ten Percent (10%) of the Employee's Basic Rate of Pay.

ARTICLE 18: MISCELLANEOUS PROVISIONS

18.1 Interest Free Compassionate Loan Scheme

An Employee may apply for an interest free compassionate loan from the Company. The rules and regulations shall be determined by the Company and the Branch Union.

18.2 Long Service Awards

The Company shall recognize outstanding performance, safety and other meritorious achievements. The method/mode/Type of recognition shall be determined by the Company and the Branch Union.

i. Years of Continuous Service:

- Five (5) years

- Ten (10) years

ii. Other Awards

The Company shall establish awards to recognize outstanding performance and other achievements as it deems appropriate.

18.3 Monthly / Yearly Bonus

The Company shall pay an annual/monthly bonus to all Employees.

18.4 Christmas Hamper

The Company shall give Christmas hampers to each Employee, the type and value of hampers shall be agreed upon by the Company and Branch Union.

18.5 Press Announcement

While negotiations are in progress there shall be no press release about the negotiations except those mutually agreed by the Company and Union in writing.

18.6 Social Activities

The Company shall promote social activities for its Employees.

18.7 Branch Union Undertaking for Private Arrangements

(a) The Company recognizes that an Employee from time to time may wish to enter into a private arrangement with an outside (third) party including but not limited to a Financial or Lending Institution.

(b) Any such private arrangement is not directly related to Employment and is not the concern of the Company.

(c) The Company shall not add any records to an Employee's personal file from the date of this Collective Agreement, in relation to any such third party arrangement, except where any such record is a change of instruction to the Company by the Employee, for such matters as for example Bank accounts, and letters of confirmation.

(d) The Company shall not in any way be obliged from the date of this Collective Agreement to be involved in the administration of any such arrangement except as set out in the following.

(e) If an Employee by entering into such a private arrangement requires the Company to furnish confirmation to a third party of the Employee's status including such matters as: where he carries out his duties, the job function title, period of Employment and Basic rate of Pay, together with a confirmation of a representative pay advice, then the Company undertakes to provide such confirmation (letter of confirmation) to the third party when requested. In such a circumstance the Company will always assume, and the assumption may not be denied, that the Employee has given permission to the third party for this information to be obtained from the Company.

(f) The Company shall not make any other undertaking to any third party other than the provision of the Confirmation of Employment (letter of Confirmation) as generally set out immediately above, and nothing in the Company undertaking shall be taken to mean that any relationship of any sort exists between the Company and the third party.

(g) If by entering into an arrangement with a third party an Employee is required as part of that arrangement to have his remuneration directed into a specified bank account, then that Employee shall direct the Company in writing to make payment to that specified account, always provided that each Employee may only direct payment to one (1) bank account wherever that account is held. The Company undertakes to direct monthly payments for the Employee to the nominated account until such time as the Employee gives a different direction for payment, in writing.

18.8 Intellectual Property

(a) If during the course of Employment an Employee is paid to modify and/or develop new policies, procedures, computer software or any other new thing, then the rights of use and ownership vest and always remain vested in the Company.

(b) An Employee will have no right to use or convert to personal use or dismantle any such thing unless, prior to development, the Company and the Employee make an agreement evidenced in writing that the Employee has such interest as is set out in the Agreement.

18.9 Other General Citations

1.This Collective Agreement is not gender specific. Any reference in this document to the masculine shall also be a reference to the feminine and vice versa, except where a specific gender is used to differentiate the application.

2.In this Collective Agreement any reference to the singular, if the context requires is also a reference to the plural and vice versa.

3.Any annexure or nominated attachment to this Collective Agreement forms a part of this Collective Agreement.

ARTICLE 19: CONSTITUTION OF THE STANDING NEGOTIATING COMMITTEE (SNC) OF ADAMUS RESOURCES LIMITED (ARL) & GENERAL MANUFACTURING AND METAL WORKERS UNION (GEMM) OF GHANA FEDERATION OF LABOUR (GFL)

WHEREAS the ADAMUS RESOURCES LIMITED (ARL) in accordance with the Legislation on Labour has availed itself to discuss matters of concern to its Employees

AND the GENERAL MANUFACTURING AND METAL WORKERS UNION (GEMM) OF GFL appointed as the recognized registered Trade Union representative of the Employees of ARL as reflected in a certificate issued by the Chief Labour Officer.

THE PARTIES HAVE AGREED AS FOLLOWS:

ARTICLE 1. NAME/TITLE

There is hereby established the Standing Negotiating Committee of Adamus Resources Limited (ARL) - General Manufacturing and Metal Workers Union (GEMM) Of Ghana Federation of Labour (GFL)

ARTICLE 2. COMPOSITION OF THE SNC COMMITTEE

The Committee shall consist of:

2.1 A Chairman who shall be the General Manager of ARL or his nominee.

2.2 A Vice Chairman who shall be the General Secretary from the National Union or his nominee.

2.3 Each party shall be represented at the Committee meeting by a minimum of five members and maximum of seven.

2.4 The Company and the Union may be at liberty to appoint its recorder but the official Secretary who shall be appointed by ARL shall act as Secretary to the Committee and shall subject to the direction of the Committee arrange the business for and cause to be recorded and kept minutes of all meetings of the Committee. 

ARTICLE 3 FUNCTIONS OF THE COMMITTEE

3.1To negotiate on all matters connected with the employment or non-employment or with the terms of employment or with the conditions of employment of any of the Employees of the class specified in a certificate issued under Section 99 of the Labour Act, 2003 (Act 651).

Agenda, Meeting and Minutes

3.2 The SNC shall hold such ordinary meetings as may be required within two months prior to the expiration of the Collective Agreement

3.3 Once a year, for the purpose of reviewing the rates of pay only as set out in the Collective Agreement (CA).

3.4 Once every three (3) years, for the purpose of reviewing the other terms and conditions of service.

3.5 A request by either party for an extraordinary meeting in times of emergency shall be submitted in writing to the other party, specifying the purpose of such a proposed meeting. The party who receives such request shall within seven (7) days of such receipt make mutually acceptable arrangements in consultation with the other party to convene the requested meeting.

3.6 The Secretary shall be responsible for issuing the agenda and writing the minutes of the meeting.

3.7 Items for the agenda for ordinary meetings shall be submitted in writing to either party not later than two (2) months prior to the expiration of the Collective Agreement.

3.8 The agenda for such meeting shall be approved by both parties not less than seven (7) days before the meeting.

3.9 Within fourteen (14) days from the end of the meeting, draft minutes of all meetings shall be sent to the General Secretary of GEMM and the Chairman of the SNC or persons appointed by them for their comments before the final minutes are issued.

3.10 The final minutes when confirmed shall be signed on behalf of the Company by the Chairman of the SNC or his representative and on behalf of the GEMM by the General Secretary or his representative.

3.11 The Committee may for the discharge of its functions appoint a Sub-Committee and may assign to it such functions as the Committee may determine.

ARTICLE 4 QUORUM

4.1 The quorum for a meeting of the Committee shall be seven of the Members at least two of whom shall be representative of each party i.e. The Company and the Union. 

4.2The Committee may co-opt any person to attend any of its meetings except that a person so co-opted may only serve in a consultative capacity.

ARTICLE 5 CONSTITUTION AND RULES OF THE SUB-COMMITTEE OF THE SNC Purpose

5.1 The constitution and appointment of the Sub-Committee of the Standing Negotiating Committee shall be to provide a recognized means of communication, joint consultation and negotiation with delegated power between the Branch Union of the General Manufacturing and Metal Workers Union (GEMM) of GFL and the Adamus Resources Limited Ghana.

COMPOSITION

5.2 The Company's representatives on a Sub-Committee shall comprise of the General Manager or his representative and any Member of the Company not exceeding four (4) in number as may be chosen by him.

5.3 The Branch Union be represented on the Sub-Committee by the Branch Union Chairperson, Secretary and members not in excess of three (3) nominated by the Branch Union

5.4 The General Manager or his representative shall act as Chairman of all meetings. The Company shall provide a Secretary for each meeting who shall be responsible for issuing the agenda and writing the minutes.

Functions

5.5 The implementation of the decisions and agreements and any other matters specifically referred to it by the SNC.

5.6 Local matters that require urgent and immediate attention.

The function of the SNC shall be to consider such matters connected with the employment or no¬employment or with the terms of employment or with the condition of Labour of employees covered by this agreement in accordance with Labour Act 2003 (Act 651).

EXCLUSION

5.7Under no circumstances shall it be permissible for the Sub-Committee to make arrangements, decide, prepare or attempt to decide on any issue which is or would be inconsistent or a contravention of decisions, agreements or schedules of the SNC.

MEETINGS AND MINUTES

5.8 Items for the agenda shall be submitted in writing by either party to the Secretary not less than seven (7) days before the date of the appropriate meeting.

5.9 Copies of the settled agenda shall be submitted to each party not less than three (3) days before a meeting.

5.10 Meetings shall be held at least quarterly whilst special meetings may be held per request of either party.

5.11 The minutes shall be signed by the General Manager or his representative on behalf of the Company and by the Branch Union Secretary or his representative on behalf of the Branch Union

5.12 A copy of the signed minutes shall be brought to the notice of all Branch Union Members.

PROCEDURES

5.13 Decisions shall be arrived at by Agreement between the two sides.

5.14 Where no Agreement is reached the matter in dispute may be referred to the SNC by either side for consideration.

5.15 Matters of national importance shall not be discussed by the Sub-Committee where matters of national importance mean those within the preserve of the SNC.

SCHEDULE OF OFFENCES

{i) Summary Dismissal Offences-

1.Stealing or attempting to steal property including having foreknowledge of the theft or attempted theft.

2.Willful damage to the Company property.

3.Fighting or physical assault whilst on the Company premises (including buses).

4.Violation of Safety and/or Health and/or Environmental Regulations and/or Mining Regulations, including but not limited to: not using or wearing prescribed safety equipment.

5.Disclosing Company information that the Employee has been instructed as confidential or for his consumption only.

6.Accepting bribes.

7.Bribing or attempting to bribe Company officials.

8.Falsifying the Company documents, including knowingly making any incorrect or erroneous declarations concerning prior employment history, medical history and/or incorrectly making allowance and/or reimbursement claims.

9.Indulging in any criminal offence.

10.Negligent behaviour resulting in loss of or damage to the Company property.

11.Being under the influence of alcohol or narcotics during work hours.

12.Possessing intoxicants or drugs on station without permission.

13.Overstaying or loitering on station for illegal purpose

14.Abandoning position/post without just cause.

15.Unlawful use of the Company vehicle.

16.Participating in act of discrimination or harassment.

17.Participating in galamsay mining activities.

18.Permitting or allowing an unauthorized person to operate the Company machinery.

19.Any other ground recommended by the Disciplinary Committee and recognised by laws as sufficient.

(ii)Termination Offences -

1.Gross insubordination (refusal to obey authority) and/or negligence.

2.Failure to report to work without approval for three or more days

3.Negligence resulting in potential damage or actual damage, to or loss of the Company property.

4.Operating the Company equipment without authority and driving the Company vehicle without a valid license.

5.Spreading of rumours or misinformation, which has the potential to disrupt or disturb the workplace.

6.Refusal to obey lawful instruction without reasonable cause.

7.Entering without authority any fenced security area.

8.Operating Company's vehicle or item of plant or equipment in an unsafe manner to cause damage or injury e.g. the use of personal phone whiles operating equipment.

9.Falsifying any company documents.

10.Medical Malingering.

11.Persistent lateness to Work.

12.Abuse of Communications e.g. Two-Way Radio.

13.Sleeping on the job without authority.

14.Any other ground recommended by the Disciplinary Committee and recognized by Law as sufficient.

(iii)Suspension Offences -

The Company may suspend an Employee for a period of not more than one month.

1.Negligence resulting in minor damage or loss to the Company property.

2.Failing to carry out instruction in good time resulting in a loss or potential loss of production, or the wasting of resources.

3.Deliberate delay of work causing loss of production.

4.Threatening behaviour.

(iv)Warning Offences -

The Company may warn an Employee for any of these offences:

1.Failing to report on and off duty.

2.Leaving work before official closing time.

3.Poor supervision of labour

4.Failing to carry out instruction

5.Negligence use of the Company property.

6.Careless driving.

7.Failure to attend to a breakdown which could affect production / safety.

8.Refusing to identify or providing a false identity to an authorised person.

9.Carrying on unauthorized jobs during work hours.

10.Failure to attend weekend work having agreed to do so.

11.Carelessness.

12.Smoking in 'no smoking' areas.

13.Any other ground recommended by the Disciplinary Committee and recognised by Law as sufficient.

DEFINITIONS

For the purpose of this Collective Agreement, general definitions as used by both parties are set out in this document.

1."ARL" - Adamus Resources Limited, Nzema Operations is a shortened form of reference to the Branch Union as set out above.

2."ARL Branch Union" means: the enterprise called Adamus Resources Limited Ghana that

3."Additional Hours" means: any hours in excess of eight hours.

4."Area of Domicile" means: the immediate environs of an Employee's Domicile. The immediate environs will be considered to be a village, town or other similar, uniquely identifiable location.

5."Anniversary" means: either the expiration of one year from the date of commencement, and the subsequent passing of each and every following twelve (12) month period;

6."Base Station" means: the location of the Company's operations where an Employee was initially assigned at the time of employment to perform his/her job function.

7."Branch Union " shall mean the local representatives of General Manufacturing and Metal Workers Union (GEMM) of Ghana Federation of Labour (GFL)

8." Branch Union Officials" means employees from the class of workers covered by the Bargaining Certificate who have been elected as the (Branch Chairperson or Secretary who shall become either a full-time or part time) an executive member or shop-steward.

9."Bargaining Certificate" means that Bargaining Certificate issued to General Manufacturing And Metal Workers' Union on the 27™ April 2012.

10."Basic Pay" or "Salary" means salaries as shown in the scale of pay schedule as may be in place from time to time and does not include extra hours and any allowance (1/27 of the monthly basic pay shall be taken as basic pay for one day. If a reference is made to "Daily Rate this means: the monthly Basic Rate amount divided by twenty-seven (27). If a reference is made to an Hourly rate this means: the Daily Rate divided by eight (8).

11."Collective Agreement" means: all part of this document that are fundamental to the understanding of the relationship between ARL and Employees who fall within the class of workers specified in the Collective Bargaining Certificate issued to GEMM

12."Confirmed Employee" means: an Employee who has completed a probationary period and has been offered and accepted employment on a permanent basis.

13."Continuous Service" means: In the case of a reference to Employment generally, the period of time from commencement, that an Employee has worked for ARL including approved periods of paid leave, without a break in service.

14."Commencement" means: the day on which an individual reports for work for the first time as an Employee, with such Employment being covered by the most recent valid Employment Contract between the Employee and ARL. If an individual leaves the service of ARL and returns at some later date, the Commencement date is the date of return to service at the later time.

15.Domicile" means: the specific domestic location of the accommodation occupied by an Employee

16."Essential Employee" means: an Employee or classification of Employees, Recognised by ARL as being required to be on duty at all times so as to ensure the smooth running and/or security and/or the safety of ARL operations. These represents Employees of the following Departments: Security, Health and Safety, Mining, Process plant, and Process Maintenance.

17."Employee" generally shall mean: any or all Unionized Employees registered as members of whom the General Manufacturing and Metal Workers Union of GFL has been appointed to negotiate and, covered by the class of Junior Staff (Branch Union ) in the Collective Bargaining Certificate.

18."Employer" in this documents means: ARL

19."Employment Contract" consists of a signed offer letter indicating acceptance of the offer, the employment terms and conditions contained in the Collective Bargaining Agreement, and the job description for the position. The contract is a legally binding Agreement.

20."Employment" in this document means: the relationship between an individual (the Employee) and ARL (the Employer) where the individual provides direct Labour to ARL under a regular working arrangement, in return for direct regular payments at a prescribed rate.

21."External Training" means: any training conducted outside of ARL Base Station / Workplace.

22. "Earnings" means: the Gross Amount of Salary that an Employee is entitled to from the exertion of his labour.

23. " Fixed Term Contract" - means all employees whose employment duration is pre¬determined and are covered by the Collective Bargaining Certificate

24. "Interdiction" means: relieving an Employee from duty, pending an investigation where the Employee is not required to report for duty except as directed.

25. "Medical Facility" means: Any clinic, hospital or other like enterprise, including medical and/or surgical and/or pharmaceutical and/or dental and/or optical treatment enterprises, to which an Employee may be referred for Medical Treatment

26. "Night Shift" represents a shift where 50% or more of the hours worked are between

6.00pm and 6.00am or 7pm and 7am.

27. "Occupational Disease/Illness" means any medical condition or disorder, other than one resulting from a work injury that in the opinion of a Registered Medical Practitioner and/or a duly constituted Medical Board, is abnormal and has with reasonable certainty, been caused by or mainly caused by exposure to injurious factors within the Employee's workplace.

28. "Occupational Injury" in this document means: any injury, confirmed by a Registered Medical practitioner and/or a duly constituted Medical Board, that is reasonably certain to have resulted from a workplace accident/incident causing injury to an Employee.

29. "Out of Station Allowance" means: an amount, as may be determined from time to time, paid to an Employee to compensate for costs incurred while performing a job function away from the Employees' Station. The allowance covers any or all of transport, meal and accommodation expenses.

30. "Permanent Employee" means: an Employee who has served a period of probation and who has been confirmed in a job function.

31. "Parties" means signatories to the Agreement.

32. "Payroll Month" means wherever a reference is made to a month in relation to Rates of Pay and any changes thereto shall mean the period between the opening of one payroll period and the close of that same period in the next calendar month, for payroll purposes. This period is the period from the 16th (day shift start) of one month to the 15th night (night shift start) of the following month.

33. "Registered Dependants" (and Dependants) means an Employee's nominated partner (howsoever called) of not more than one (1) and the Employee's nominated and registered own biological/adopted children up to the age of eighteen (18) years of age who are neither employed nor married, and up to twenty-four (24) years of age if they are in continuous education.

34. "Recognised Medical Facility" means: Any clinic, hospital or other like enterprise, including medical and/or surgical and/or pharmaceutical and/or dental and/or optical and/or ophthalmic treatment enterprises, that meets any standards of treatment required by ARL.

35."Referral" (and like words of the same derivation), in relation to Medical Treatment means: the passing of the Treatment of an Employee and/or dependant from a Recognised Medical Facility to another Medical Facility, for Treatment that cannot be reasonably undertaken within the Recognised Medical Facility by virtue of the specialised equipment or expertise that is considered necessary for ongoing Treatment.

36."Rest Day/s" means: any day or days in a Shift arrangement, that are not Working Days.

37."Self Treatment" means: any action taken by any Employee and/or any dependant, including but not limited to administering of patent medicines, or non-prescription drugs, or lotions, that is carried out otherwise than under the direction of a Registered Medical Practitioner from a Recognised Medical Facility and evidenced by the written authority of the relevant Registered Medical Practitioner.

38."Sexual Harassment" means any unwelcomed, offensive or persistent sexual advances or requests made by an employer or superior officer or co-worker whether the worker is a man or woman.

39."Shift Roster Cycle" means a period of time that begins and ends with identical shift start on identical day of the week.

40."SNC" means Standing Negotiating Committee as defined in the Labour Act 2003 (Act 651), Section 101.

41."Suspension" means: the removal from an Employee of the right to attend work, perform duties and not to be paid any entitlements whatsoever for the period of time that the rights are withheld".

42."Shift and/or Rotating Shift" means: period set by schedule where a group of Employees start work as another group finishes or period in between times where an Employee starts work and is required to finish

43."Stand Down" means: a decision by Company to permit Employee not to work for a stated period due to no fault of the Employee usually where there is no work for Employee to perform for the period.

44."Summary Dismissal" means: the termination of an Employee's employment contract for stated misconduct with attendant loss of pre-determined benefits.

45."Termination" means: the actions of either an Employee or ARL that remove the rights and responsibilities of the Employee's Employment Contract such that the Employee Leaves the Service of ARL.

46."Temporary Employee" means an Employee who is employed for a period of less than Two (2) years or is employed for work that is seasonal.

47."Trainer" means: any person, either from within ARL or brought into ARL for the purpose, or external to ARL, who is recognised by ARL by virtue of their qualifications and/or experience and/or licenses and/or any other specialist designation, as being able to assess and teach acceptable work practices to Employees, usually in a structured programme. In this document Trainer can also mean: an institution or enterprise that provides the services of a Trainer or trainers in structured learning programmes.

48.Working days: "means the days for which an employee is rostered to work.

SCHEDULE OF RATES OF PAY

1. WAGE RATES

I.Wage rates for Employees shall be indexed to the United States Dollar.

II.The Ghana Cedi-Dollar exchange rate to be used for this purpose shall be the mid-point of the interbank exchange rate applicable at the close of each payroll month, being the twentieth (20th) day of the month, or the closest bank business day to the day of the close of the payroll month. The mid-point of the interbank exchange rate means: the average of the buying and selling rates for United States Dollars, in Ghana, sourced from the Central Bank's (Bank of Ghana) published exchange rates, regardless of the entity publishing those rates.

For Junior Staff Classification

GRADEBase Rate as at July 2013

5800-890

4600-790

3460-590

2400-450

1350-400

APPENDIX: D RENT SUBSIDY

The Rent Subsidy was agreed to be 25% of employees basic salary

EDUCATIONAL ASSISTANCE TO EMPLOYEE'S CHILDREN

An employee will be reimbursed of fees in respect of four (4) biological registered children who are up to the age of twenty four (24) and in continuous education as per the company's current educational policy which is annually renewable.

...............................Kit Allowance..........................................Subsidy (Fees)

a.Kindergarten-GHC25 per term....................................GHC150 per term

b.Primary 1-6-GHC50 per term.....................................GHC240 per term

c.Junior High School -GHC70 per term........................GHC280 per term

d.Senior High School-GHC160 per term....................GHC500 per term

e.Non Degree/Polytechnic-GHC1,200 (an all-inclusiveallowance) per year

f.University-GHC2,500 (an all-inclusiveallowance) per year

APPENDIX: G

JOB CLASSIFICATIONS

PROCESS PLANT

LEVEL CAPABILITIES
5

4

3

2

1

Leading Hand, Control Room Operators

Plant Operator (CIL/MILL/Thickener/Crusher/Elution/Gold room)

Lab Technicians/Assistant Plant Operators/Reagent/Services/Mobile Equipment operators/Senior Driver

Drivers

General Hand/Trainees/Apprentice

PROCESS MAINTENANCE

LEVEL CAPABILITIES
5

4

3

2

1

Leading Hand /Instrumentation Technician/Rubber Liner/Belt splicer/Sandblaster/Senior Vehicle Coordinator

Heavy Duty Mechanic/Electricians/Plumber/Welders/Crane Driver/vehicle coordinator/Pipe fitters /Scaffold/air condition Electrician/Domestic Electrician.

Tradesman with potential for Snr. Serviceman / Snr. Crane & IT Operator / Senior. Driver/Fabricator

Tool Store man/ Drivers

General Hand/Trainees/Apprentice

MINING

LEVEL CAPABILITIES
5

4

3

2

1

Leading Hand

Survey Technicians

Field Technicians

Survey Assistant

General hand/Apprentice/Trainee

GEOLOGY

LEVEL CAPABILITIES
5

4

3

2

1

Leading Hand Technicians

Geological Technician

Samplers

Drivers

General hand/Apprentice/Trainees

EXPLORATION

LEVEL CAPABILITIES
5

4

3

2

1

Leading Hand Technicians

Exploration Technician/Coreyard Technicians

Samplers/Splitters

Drivers

General hand/Apprentice/Trainees

STORES

LEVEL CAPABILITIES
5

4

3

2

1

Leading Hand

Warehouse Clerk/Senior Storeman

Forklift Operator/Storeman/Fuel Attendant

Store assistant/Drivers

General Hand/Trainees/Apprentice

SECURITY

LEVEL CAPABILITIES
5

4

3

2

1

Leading Hand/Gold room security supervisor/

CCTV Technician/Technical investigator/Assistant Goldroom supervisor

CCTV operator/CCTV attendant

Security Officer/Security Guard

General hand/Trainees/Apprentice

ENVIROMMENTAL

LEVEL CAPABILITIES
5

4

3

2

1

Leading hand

Environmental Technician(monitoring/rehabilitation)/Environ. Training officer

Environmental assistant/

Drivers

General hand/Trainees/Apprentice

OHS

LEVEL CAPABILITIES
5

4

3

2

1

Leading Hand

Emergency Response Assistant

Chief Driver

Drivers

General Hand/Cleaner/Trainee/Apprentice

ADMINISTRATION

LEVEL CAPABILITIES
5

4

3

2

1

Leading Hand/Data entry clerk /Vehicle Coordinator

Receptionist/Emergency Response Assistant

Chief Driver/Senior Chef/Senior housekeeper

Drivers /Chef/Housekeepers

General Hand/Cleaner/Trainee/Gardener

GENERAL JOB CLASSIFICATION

The following classification apply to all Junior Employees.

Grade 5

Show competence and support for front line Supervisor for a particular job function to achieve an assigned task. Capable of organizing and controlling work teams and able to deputize for or act in the absence of a Supervisor. Report accurately on personnel and operations, must be a good team leader with excellent work attitude and demonstrate cost and safety consciousness. Highly skilled person in sensitive position crucial to Company operations. This position is considered preparatory for Supervisory Roles. The position is subject to the HOD's discretion and must be initially approved by the General Manager. Employees in this position who fail to maintain Company standards shall be reassigned.

Grade 4

Competent in all requirements and certified multi-skilled person on the assigned job. Person must be master on the job in his own field, must be able to exercise responsibility and duty of care. Must be capable to work on an assigned job without supervision whatsoever. Must be a good team player and demonstrate cost and safety consciousness in sensitive position. Must have leadership qualities and show potential for growth into first line supervision.

Grade 3

Competent in almost all requirements and certified skilled on the assigned job. Must be capable to work on an assigned job with minimal supervision. Must have ability to work in a team and demonstrate cost and safety consciousness in the assigned job. Must have potential to be multi¬skilled and grow in competency as an all-rounder (Senior). Exhibit a standard on assigned job that is measurably higher than G2. Employees in this position who fail to maintain Company standards shall be reassigned.

Grade 2

Qualified person and ability to learn and carry out various jobs that require direct supervision to achieve results on job assigned. Person must be safety conscious with good attitude to work and attendance record. Must have proven capability in his field of training. Must possess good attitude to work. Must be conversant with safety rules and regulations and compliant therewith.

Grade 1

Person must have basic education to show proven ability to learn on the job. New starter, learner and unskilled person to do manual jobs assigned. Trainee person under this category to show proven ability to perform under probation. Person must abide by the safety rules and regulations. Employees in this position who fail to maintain Company standards shall be reassigned.

WITNESS the hand of the PARTIES

On behalf of the Adamus Resources Limited (ARL)

Attie Roux

Chief Operating Officer (COO)

Date: 24/01/2013

Witnesses

Frank Boateng

Commercial Manager

Date: 24/01/2013

Mavis Ackun

Ag. HR Manager

Date:........

Samuel Adetola

Consultant

Date:.................

On behalf of the general manufacturing and metal workers union of GFL

Caleb Nartey

General secretary

Date: 24/01/2013

Ralf Agbalanyo

Deputy General secretary

Date: 24/01/2013

Emmanuel Allotey

Admin Sec./lndustrial Relations Officer

Date: 24/01/2013

John Eluerke

Branch Chairman

Date: 24/01/2013

Rico De-Graft Tetteh.

Branch secretary

Date: 24/01/2013

Abraham Asare

1st trustees

Date: 24/01/2013

Adamus Resources Limited - 2012

Start date: → 2012-11-30
End date: → 2015-11-30
Ratified by: → Ministry
Ratified on: → 2013-01-24
Name industry: → Extraction, mining, quarrying
Public/private sector: → In the private sector
Concluded by:
Name company: → Adamus Resources Limited
Names trade unions: → General Manufacturing and Metal Workers Union (GEMM)

TRAINING

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

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → GHS 50
Maximum days for paid sickness leave: → 182 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → 
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 12 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → No
Prohibition of discrimination related to maternity: → Yes
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → 
Workplace risk assessment on the safety and health of pregnant or nursing women: → 
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → 
Time off for prenatal medical examinations: → 
Prohibition of screening for pregnancy before regularising non-standard workers: → 
Prohibition of screening for pregnancy before promotion: → 
Facilities for nursing mothers: → Yes
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → Yes
Paternity paid leave: → 3 days

GENDER EQUALITY ISSUES

Equal pay for work of equal value: → No
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: → 

EMPLOYMENT CONTRACTS

Trial period duration: → 180 days
Part-time workers excluded from any provision: → 
Provisions about temporary workers: → 
Apprentices excluded from any provision: → 
Minijobs/student jobs excluded from any provision: → 

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per day: → 8.0
Working hours per week: → 40.0
Working days per week: → 5.0
Paid annual leave: → 30.0 days
Paid annual leave: →  weeks
Rest period of at least one day per week agreed: → Yes
Provisions on flexible work arrangements: → 

WAGES

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

Once only extra payment

Once only extra payment due to company performance: → No

Premium for evening or night work

Premium for evening or night work: → 115 % of basic wage
Premium for night work only: → Yes

Payment for standby work

Payment for standby work: → 15 % of basic wage
Payment for standby work Sundays only: → No
Payment for standby work all days per week: → Yes

Allowance for commuting work

Allowance for commuting work: → GHS 80.0 per month

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → 
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