New

COLLECTIVE AGREEMENT BETWEEN AGRICARE LIMITED AND GENERAL AGRICULTURAL WORKERS UNION OF G.T.U.C.

EFFECTIVE DATE: 1ST JANUARY, 2010

PART 1 - GENERAL BASIS OF AGREEMENT:

THIS AGREEMENT on Salaries, Wages and minimum conditions of Service made this 1st day of January, 2010, between AGRICARE LIMITED (hereinafter referred to as the COMPANY) and the GENERAL AGRICULTURAL WORKERS UNION OF GHANA T.U.C. officially certified under the Labour Act 2003 , Act 651 (hereinafter referred to as the UNION) as the negotiating body, provides for the terms and conditions of employment and non-employment and the conditions of labour which shall apply to all Employees of the said COMPANY for whom the UNION has been certified to negotiate.

ARTICLE II - OBJECT AND SCOPE OF AGREEMENT:

(a) OBJECT

The Parties to this AGREEMENT bearing the common responsibility for the successful operation of the COMPANY agree to doing all within their power to promote stability of employment and productivity by ensuring practically, harmonious and peaceful Industrial Relationship to the mutual benefit of the Employer and Employees.

(b) SCOPE

This AGREEMENT shall apply to all Employees below the rank of Plant Maintenance Technician and its analogous grades employed by the COMPANY and all such employees shall become and remain members of the UNION in good standing.

ARTICLE III - INTERPRETATION:

If the interpretation of any part of this AGREEMENT is disputed and agreement cannot be reached by the STANDING JOINT NEGOTIATING COMMITTEE the item in dispute shall be dealt with by an Arbitration voluntarily set up by both sides. If after reference to voluntary Arbitration agreement cannot still be reached, the dispute shall be dealt with in accordance with the provisions of the Labour Act 2003 (Act 651) or any other enactment thereafter.

ARTICLE IV - RECOGNITION OF UNION:

The COMPANY recognises the GENERAL AGRICULTURAL WORKERS UNION of G.T.U.C. as the sole representative Trade Union for the purpose of contracting Collective Agreement on matters of Wages and Salaries. Conditions of Employment and non-Employment for all categories of employees of the COMPANY referred to in Article II (b) above.

ARTICLE V - DEFINITIONS:

(a) For the purpose of and throughout this AGREEMENT:

(i) “Staff Grade” shall apply to all Employees who are on permanent establishment of the COMPANY and whose basic pay is expressed as an amount per annum.

(ii) “Special Grades” shall apply to ancillary grades such as Tradesmen, Drivers, Watchmen, etc.

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

(iv) “Casual Worker” shall mean any person employed to work for a period not more than three (3) continuous months so, however, that such period shall not extend over six (6) months in the case of a specific project.

(v) “Salary means substantive pay and does not include Acting or any other form of such allowance.

(vi) A monthly-rated Employee is one whose monthly earning is calculated on the basis of 27 working days.

(vii) “Working Day” shall exclude Sundays, Saturdays, Public Holidays and Rest Days.

(b) Reference in this AGREEMENT to the Masculine Gender shall include the Feminine Gender, except where the Gender is so specified.

ARTICLE VI - PERIOD OF VALIDITY

(a) (1) This AGREEMENT shall come into force and Operate from 1st January, 2010, and remain in force for not less than Two (2) years from that date.

(2) At any time after twenty-four (24) MONTHS either party to this AGREEMENT may give the other one month’s notice in writing expressing its wish for this AGREEMENT to continue for a further period to be agreed upon between the parties at the time or its intention to terminate the AGREEMENT. In the latter event both parties will enter into negotiations on the terms and conditions of a new Agreement but until a new Agreement is signed, the present AGREEMENT will continue to be in force.

(b) Wage Re-Opening:

Any time after Twelve (12) months from the date of COMMENCEMENT OF THIS AGREEMENT and once only during the life of this AGREEMENT, either party may give to the other, notice that it wishes to negotiate a change in the rates of basic/wages and/or salaries contained in the Appendix to this AGREEMENT shall remain in force.

(c) Notwithstanding the provision of the above conditions, if any Statutory Regulations are enacted during the life of this AGREEMENT, the parties will meet and incorporate them into the AGREEMENT, if so agreed.

ARTICLE VII - UNION SHOP

Since the UNION represents, and this AGREEMENT covers all the Employees of the COMPANY as defined in Article II (b) of this AGREEMENT, it is recognised that they shall all participate in the democratic decision-making of the UNION and contribute their share to the cost of such representation. It is, therefore, agreed that:

(a) Every Employee covered by this AGREEMENT shall become and remain a member of the UNION.

(B) For newly engaged employees, this clause shall not become effective until they have been in employment of the COMPANY for one month.

ARTICLE VIII - CHECK-OFF:

(a) Each month, the COMPANY shall deduct from the pay packet of each Union member, the amount of the UNION’S monthly dues.

(b) The UNION Dues deducted shall be remitted along with a list of Employees from whose pay the deductions were made in the proportion stipulated by the National Union to:

(1) The Ghana Trades Union Congress..........................................................................................30%

(2) The National Headquarters of the General Agricuturai Workers Union...............................50%

(3) The Branch Union.......................................................................................................................15%

4) The Regional Secretariat of GAWU............................................................................................5%

PART 2 - ENTERING THE SERVICE OF AGRICARE LIMITED ARTICLE IX - ENGAGEMENT AND PROBATIONARY PERIOD

(a) Every new employee other than a minimum wage earner or casual employee shall be informed in writing of the following:-

(1) Grade

(2) Initial Pay or Salary

(3) Whether temporary, on probation or otherwise

(4) The COMPANY shall supply the Local Union Branch,

free of charge, not less than ten (10) copies of the current Collective Agreement for their information and education of their members.

(b) Every new Employee other than temporary, seasonal or casual employee may, on engagement, undergo a period of probation. The period of probation may vary according to the nature of the job, but shall not normally exceed three (3) months and in any case not more than six (6) months.

(c)Unless informed in writing to the contrary, the reasons for which must be given and copied to the UNION, the Employee who has completed his probationary period will be deemed to have been confirmed in his appointment.

(d) Next-of-Kin: Beneficiary in the Event of Death:

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

ARTICLE X - INDIVIDUAL CONTRACT:

(a) No Employee covered by this AGREEMENT shall be compelled or allowed to enter into a contract or Agreement with the management concerning the Conditions of Employment, Wages and Salaries as dealt with in this AGREEMENT or shall be allowed to be bonded in any sum to any party without prior discussion with the UNION.

(b) The Employer will not discriminate against any Employee covered by this AGREEMENT in accordance with Section 14 (e) of the Labour Act 2003 (Act 651)

ARTICLE XI - ANNUAL INCREMENT:

(a) Where an employee runs an incremental scale, he shall receive one increment annually until he reaches the maximum of that scale, unless he has received notice two months before the end of the salary year or due date of his increment that his increment was being withheld on proven grounds of unsatisfactory work or conduct. Should an increment not be awarded for these reasons, the case shall be reviewed at the end of the third (3rd) month.

(b) At the discretion of the management an Employee may be awarded more than one increment at a time.

(c) On the first anniversary of an Employee’s date of engagement, subject to good work and conduct, he shall normally become eligible to his first increment, thereafter, increment shall be given on the 1st January, each year. The Management shall, however, grant an increment to any new Employee who has, on the date of the salary year, served for not less than six (6) months continuously.

ARTICLE XII - PROMOTIONS:

(a) Promotions shall be determined by merit tempered with seniority where merit is equal.

(b) Where a vacancy exists, the COMPANY will normally give first consideration to suitable serving Employees.

(c) In the event of a new post being created within the establishment, such post shall be widely advertised for qualified serving employees to apply.

(d) The advertisements are to be placed on the Notice Boards of the COMPANY.

ARTICLE XIII - CASUAL LABOUR:

(a) Any person employed on casual terms will be so informed by Management and shall also be informed of the duration of his engagement.

(b) Any person employed as a casual worker shall be paid the amount appropriate to the grade on which he is employed as indicated in the Appendix to this AGREEMENT.

(c) Persons employed on casual terms shall be given preference in the event of permanent engagement of labour subject to satisfactory work and conduct.

PART 3 - WORKING RULES OF THE SERVICE

ARTICLE XIV - HOURS OF WORK

(1) (a) The standard Hours of Work for basic pay shall not exceed forty (40) a week. Task Workers’ work shall be defined by an assigned daily work.

(b) The actual hours of work shall be decided by the COMPANY in accordance with the requirements of the work performed and in agreement with the Local Branch of the UNION BUT NO Employee shall be required to work continuously for more than five (5) hours without a recognised rest which shall form part of the working hours.

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

(d) When Shift Work is performed, the total number of hours per shift shall not exceed eight (8) hours.

The hours of work shall be stipulated by the COMPANY in accordance with the requirements of each area, provided that the maximum hours per week or per shift do not exceed forty (40) hours per week or eight (8) hours per day respectively.

ARTICLE XV - OVERTIME

(a) (1) Overtime work is work on which the Employee is engaged at the request of the COMPANY over and above the standard working hours as laid down in Article XIV above.

(2) All Employees covered by this AGREEMENT who are requested to work overtime shall be paid according to the following rates:

(i) Monday - ....................................................................Friday- Time and a half

(ii) Saturdays...................................................................Double Time

(iii) Public Holidays, Rest Days and Sundays -............ Double Time

(3) All Employees are expected to work a reasonable amount of overtime unless they put forward good and valid reasons for not doing so which, in case of dispute, shall be decided between the COMPANY and the UNION.

(4) In calculating overtime pay, fractions of a cedi shall be counted as a pesewa.

(b) Shift and Security Workers

Notwithstanding Article XIV (2), Shift and Security Workers who are required to work more than the normal working house on any working day, perform normal duties on Saturdays, Sundays/Rest Days and Public Holidays shall be paid for overtime work at the rate of double time.

ARTICLE XVI - DISCIPLINE:

Disciplinary measures shall be taken in accordance with the gravity of an offence having been proved beyond reasonable doubt and after according the suspect full privilege of defence, either orally or in writing. Summary Dismissal:

(a) In the event of an Employee being found guilty of serious misconduct such as dishonesty, gross insubordination, drunkenness at work , smoking in a prohibited area, wilful damage to COMPANY’S property the employee shall be dismissed summarily. Before a worker is summarily dismissed, he shall be given an opportunity to defend himself.

(b) Written Warnings:

(i) For other offences, a written warning may be given. Two written warnings followed by a further offence warranting a written warning within a period of twelve (12) consecutive months, may result in the termination of the Employee’s appointment.

(ii) All Warning Letters shall be copied to the Branch Secretary of the UNION.

(c) Suspension/Interdiction:

(i) In the event of an employee committing an offence which required investigations, the Employee shall be interdicted from duty on half pay pending the outcome of the investigation. The UNION shall be informed of such interdiction. If the Employee is absolved from the charges, he shall be paid the remainder of his salary withheld during the period of investigation.

(ii) For offences not of high magnitude to justify Summary Dismissal, the Employee may be Suspended from work without pay for not more than two (2) days. If the Employee commits a second offence, he may be suspended for a period of not more than five (5) days without pay.

(d) Absence from Work:

No Employee shall be absent from work on any day of the working week without prior permission of his immediate officer. Any such absence without a reasonable cause for seven (7) consecutive days shall be deemed as vacation of post by the worker and the COMPANY has full right to replace or appoint a new person to the post.

(e) Legal Assistance for Drivers/Others:

The COMPANY agrees to offer legal assistance to Drivers and any other Employee who suffers court suit in course of and arising out of official performance of responsibilities.

(f) Rules and Regulations:

The COMPANY shall provide the UNION with copies of its non-Confidential Administrative and Financial Directives issued to staff from time to time.

ARTICLE XVII - TRANSFERS

(a) All Employees shall accept to transfer and shall serve the COMPANY anywhere in the country.

(b) Permanent Transfer shall be a transfer intended to exceed three (3) months.

(c) The COMPANY shall give, at least, two (2) months clear notice where possible to employees who it wishes to transfer permanently.

(d) As far as possible, transfers shall be so arranged as to coincide with the end of the School year so however that both children and dependants of school age do not suffer.

(e) Employees who are permanently transferred and who are not conveyed in the COMPANY’S transport shall travel at the expense of the COMPANY.

(f) The COMPANY shall arrange and pay the cost of transportation of the Employee’s personal belongings.

(g) Temporary Transfer:

Employees who are temporarily transferred shall be provided with transport and where possible be provided with accommodation at the new station.

PART 4 - RIGHTS AND PRIVILEGES IN SERVICE ARTICLE XVIII - LEAVE GENERAL

(a) Annual Leave:

(1) The COMPANY shall prepare a full leave roster annually showing dates to proceed on leave and the number of days for each employee. The roster shall be displayed on Notice Boards.

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

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

(4) Paid annual leave shall normally be taken consecutively except where exigencies of the work demand and the Management requires the Employee to split or defer his leave.

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

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

(7) No employee shall forfeit his leave.

(8) Annual Leave shall be granted at the following rates:

(i) Employees with service up to five (5) years21 Working Days

(ii) Employees with service above five (5) years but below ten (10) 26 Working Days years

(iii) Employees with service of ten (10) years and above30 Working Days

(9) Travelling days not exceeding four (4) days may be granted on application.

Sick Leave: Non-Occupational Accident and Sickness:

(1) Sick leave with pay shall be granted only for days of absence due to ill-health or injury and upon a certificate signed by a Medical Practitioner appointed by the COMPANY except that in case of emergency, a Medical Practitioner recognised by the State or from a member of Government recognised Traditional healers Association shall be accepted.

2) Failure to send a Medical Certificate as mentioned above within three (3) days after reporting for duty shall be treated as absence without permission, except where Management is satisfied that failure to comply was due to unavoidable circumstances.

(3)Sick Leave shall be granted as follows:

Maximum Period On Full Pay MaximumPeriod

On Three- Quarter Pay

MaximumPeriod Half Pay
One Year but less than five (5) years’ service 2 Months2 2 Months2 2 Months

5 (five) years but less than ten (10) years Service

3 Months 3 Months 2 Months

Over Ten (10) years’ Service4

4 Months 4 Months 2 Months

(4) In all cases, the grant of further periods of Sick Leave after the maximum period specified in (3) above shall be at the discretion of the Management and may be granted with full, proportionate or without pay.

(5) If an employee is prevented by ill-health duly certified by a registered Medical Practitioner from returning to duty at the end of leave, he shall be regarded as absent on Sick Leave from the expiry date of his Annual Leave.

Casual Leave (Compassionate):

Bn special circumstances and by the expressed consent of the Management, an Employee may be granted Casual (Compassionate) Leave with pay. Such leave shall not exceed ten (10) days within a year.

Maternity Leave:

(1) Period of Absence:

The period of absence on Maternity Leave shall be governed by Section 57 of the Labour Act 2003 (Act 651) (and any other subsequent enactment) which provides that:

(i) A woman shall have the right to leave her work if she produces a medical Certificate given by a Medical Officer stating that her confinement will probably take place within six (6) weeks of the date of the Certificate.

(ii) No Woman shall be liable to resume work during the six (6) weeks following her confinement.

(iii) The services of a Woman absent from work on Maternity leave as defined above shall not be terminated during the period between the time she leaves work in accordance with the Act, and six

(3) weeks after confinement, or such longer period of absence after confinement and rendering her unfit for work.

(iv) A Female Employee who is absent on Maternity leave in accordance with Section 57 of the Labour Act 2003 (Act 651), shall be paid in full her Basic wages/salary during the period of such absence.

(v) Nursing Mothers:

A mother who is actually nursing her child shall be allowed to be absent for this purpose for two hours each day for up to nine (9) months after delivery. Any extension beyond two (2) hours shall be at the discretion of the Management.

ARTICLE XIX - STATUTORY PUBLIC HOLIDAYS

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

(b) Payment for work on Statutory Public Holidays and

non-working days shall apply to all employees covered by this AGREEMENT in accordance with Section 72 of the Labour Act 2003 (Act 651) and any other subsequent enactment.

ARTICLE XX - MEDICAL FACILITIES

(a) Free Medical Facilities for Employees of the COMPANY at COMPANY specified Medical Centre or Medical Practitioners, within the Employee’s area of employment.

(b) Where an Employee is treated at a private medical institution or clinic within or outside the Employee’s area of employment, the COMPANY shall pay for the cost of such treatment only on production of a Medical Certificate or Medical Report Certified by a Company Doctor.

(c) The COMPANY shall provide medical treatment to Employees wives and children under the age of 18 (eighteen) years who are registered with the COMPANY.

The COMPANY shall provide reasonable medical treatment to employee’s spouse. Registered children over 18 years of age shall continue to benefit provided they are pursuing formal education including University education.

(d) Limitation :

All medical treatment provided by the COMPANY to Employees, their Wives and Children will exclude self induced diseases, dentures, hearing aids, spectacles, ante-natal and gynaecological care.

(e) Each Employee shall be allowed to have a medical check-up once in two years. However, for certain sections to be determined by Management and the Union yearly examinations shall be conducted.

(f) The COMPANY will refund to the Employee the cost of medicine prescribed by the COMPANY Doctor or Government Medical Officer only on production of the Doctor’s prescription and official receipt issued by the chemist/pharmacist from whom the medicine was purchased. Where the chemist/pharmacist must keep the prescription, there must be a note on the receipt by the chemist stating the name of the clinic or doctor who issued the prescription.

(g) Normally, an Employee is expected to attend the COMPANY designated clinic for medical treatment.

However, in emergencies an employee may consult a qualified doctor nearest to him and obtain a certificate signed by the doctor showing that treatment was given in emergency.

(h) Herbal Treatment:

Where it is reasonably established that conventional medical treatment has not proved effective in curing an Employee’s illness, the COMPANY may consider on application by a worker for treatment by a registered member of the Ghana Psychic and Traditional Healers Association. Management shall, however, have the right to set limits on the cost of such treatment.

ARTICLE XXI - HOUSING AND TRANSPORT FACILITIES

(a) The COMPANY shall endeavour to provide its Employees with accommodation facilities whenever possible. Where such facilities are not available, the COMPANY shall provide transport facilities for the transportation of its Employees to and from their place of work.

(b) Loan for Purchase of Means of Transport

(i) An employee holding a post certified as requiring specific means of transport for the efficient discharge of his duties shall be granted a loan adequate for the purchase of means of transport approved by Management. The loan so granted shall cover the actual cost of such means of transport (Motor Cycle or Bicycle), licensing, and the cost of Comprehensive Insurance Policy till the loan is retired.

(i) The payment of such loans shall be by equal monthly instalments up to six (6) years.

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

(iii) Such means of transport will be registered jointly in the name of the employee and the company.

ARTICLE XXII - SUPPLY OF TOOLS;

The COMPANY shall be responsible for the supply of working tools, including machetes, etc. and that all times such tools shall remain the property of the COMPANY.

ARTICLE XXIII - PROTECTIVE CLOTHING AND BOOTS

(a)Protective Clothing and Boots supplied to employees shall be used strictly for the business for which they were provided and, as far as possible, they shall be

left on the premises of the COMPANY after business hours.

(b) The selection of categories of Employees who may need to be provided with protective clothing outfit shall be decided by the COMPANY in consultation with the Local Union.

(c) Identification Uniforms or Special Work Clothes to the following categories of Employees shall be provided:-

(i) Drivers, Operators}

Mechanics and Watchmen} Two Free

(ii)Female Office Staff, Cooks} Issues per Year, and Stewards }

(d) Employee who refuses to use the protective clothing provided by the Company shall be suspended. Employee who is thus suspended shall lose his remuneration for the period of suspension.

ARTICLE XXIV - IN-SERVICE TRAINING

(a) The Employer undertakes to ensure that facilities exist and are used to enable Employees holding posts in the COMPANY to undergo such training as may be necessary for the performance of the duties of their post and for enabling them qualify for advancement to higher grades.

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

(c) Employees who pursue correspondence courses relevant to their duties shall apply and be granted the refund of the cost involved after successful completion of the course. Such course or courses must, however, receive the prior approval by the Management.

Study Leave:

(i) Where an Employee applies or is sponsored by The COMPANY to attend an approved course of study either locally or abroad, he shall be granted study leave with pay. Such an Employee should have served the COMPANY for at least a period of three (3) years to qualify for such an offer.

(i) Officers granted such study leave will be bonded to serve the COMPANY after their course for three (3) years.

(ii) An Employee who fails to discharge the bond will be liable to a penalty not exceeding twice the salaries and other costs paid to him during the course of training.

ARTICLE XXV - RECREATIONAL FACILITIES

The COMPANY undertakes to encourage and promote recreational activities including sports.

ARTICLE XXVI - INCENTIVE AND GRATIFICATION SCHEME:

(a) Incentive Scheme:

An incentive Bonus Scheme to be determined by the COMPANY and the UNION based on individual or collective productivity target may be established.

PART 5 - REMUNERATION IN SERVICE

ARTICLE XXVII - EQUAL PAY FOR EQUAL WORK

(a) Pay Day:

Salaries and Wages of Employees shall be paid by the 26th of each month and in any case not later than the last working day of the month.

(b) Salary Advance:

An Employee may be granted a Salary Advance not exceeding the Employee’s monthly basic pay; the repayment of the amount so granted shall not exceed two (2) months and shall commence a month following the period the advance was granted.

(c) Short-Term Loan:

In case of extreme financial difficulty, an Employee may be granted, on application, a Short-Term Loan not exceeding GHc 200 (Two Hundred Ghana Cedis). The repayment period shall not exceed twelve (12) months.

(d) Loan for the Purchase of Household Durable Items:

The Management shall, on application, grant loan to confirmed employees under Small Loan Scheme for the purchase of durable household items such as Furniture, Refrigerators, Television Sets, Electric Fans, etc. which, in the opinion of the Management, constitute household durables. The refund of such a loan shall be spread over a period of five (5) years.

In pursuance of this provision, the Management may register for Consumer Credit facilities provided by the Social Security Bank for the benefit of the Employees.

(i) Qualification

Five (5) years’ continuous service with the COMPANY.

(i) Employee who shall benefit from such facility Above shall by deed pledge his entitlements as collateral.

(a) Travel ling and Transport Expenses:

Transport expenses incurred by an Employee who Travels on duty by means of public transport shall be Reimbursed at the current local rates.

ARTICLE XXVIII - ALLOWANCES

(a) Acting Aliowance:

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

(2) Acting Allowance shall be the difference between the individual’s basic salary and the minimum of the salary scale of the substantive holder of the post in which he is acting, or shall be 25% of his basic salary whichever is the greater.

(b) Tools Allowance:

The COMPANY shall provide the Employee with tools required for the COMPANY’S work.

(c) Transfers Inconvenience Allowances:

(1) An Employee who has been transferred

Permanently shall be entitled to one month’s basic pay as Transfer Inconvenience Allowance payable prior to departure to his new station.

(2) Temporary Transfer:

(i) An Employee who is temporarily transferred and not housed by the COMPANY shall be paid Temporary Transfer Allowance at the rate of one (1) month’s basic pay for the period of the Temporary Transfer.

(ii) An Employee who is on Temporary Transfer and housed by the COMPANY shall receive 50% of his monthly basic pay as Temporary Transfer Allowance.

(d) Halting (Night) Out of Station and Day-Trip Expenses

(1) Day-Trip General Expenses Re-lmbursement

An employee assigned official duties which involves travelling outside his normal work place and the nature of the assignment is such that it takes the Employee more than the normal working hours to complete shall be entitled to the following benefits:

All Categories of Employees - GHc 4.OO

(2) Accommodation Expenses Re-lmbursement

An Employee who spends a night outside his normal place of work on official duties will be permitted to stay in an approved Guest House/Hotel. The COMPANY shall bear accommodation expenses and in addition pay GHc 5.5O (Five Ghana Cedis Fifty Ghana Pesewas ) to the employee to cover feeding expenses. Where an employee is not provided with accommodation and meals, the COMPANY shall pay GHc 15.00 (Fifteen Ghana Cedis to all categories of employees to cover accommodation and feeding.

(e) Height Allowance:

Any employee who is required to work at a height of thirty (30) feet and beyond shall be paid height allowance of GHc 1.OO (One Ghana Cedi) per duty day.

(f) Frustrated Work:

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

PART 6 - LEAVING THE SERVICE

ARTICLE XXIX - LEAVING THE SERVICE OF THE COMPANY

Modes by which an Employee may leave the service of the COMPANY without loss of entitlements are as follows:

(a) By Termination of appointment

(b) On Reaching the Superannuation Age

(c) On being declared Redundant 

(d) On Resignation

(e) Retirement on Medical Grounds

(f) By Statutory Order

(g) Upon Incidence of Death

(h) When the COMPANY phases out or liquidates

(i) On transfer to any other Public Post.

ARTICLE XXX - RESIGNATION AND TERMINATION OF APPOINTMENT

(a) In the event of Resignation or Termination of appointment on grounds other than Summary Dismissal, an Employee shall give notice of resignation or be given notice of termination as indicated below:-

(i) Senior Staff - Two months’ notice or payment of basic salary in lieu thereof.

(ii) All Other Staff - One month’s notice or payment of basic salary in lieu thereof.

(b) The COMPANY shall, upon request, give a Certificate of service to any employee who leaves it service.

(c) An employee who leaves the service of the COMPANY on grounds other than summary dismissal and voluntary resignation shall be repatriated to his original place of employment, home town or the nearest border town within Ghana, at the expense of the COMPANY so long as he exercises his right within one (1) month of leaving the service of the COMPANY. In the During this period, the COMPANY undertakes that no notice of termination to any Employee affected shall expire, nor shall any Employee affected have his services terminated by pay in lieu of notice.

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

(2) Selection of Employees who are to be declared redundant shall be determined by length of service, location and relative efficiency by the COMPANY

in consultation with the UNION. Where a dispute on an individual case exists and length of service become equal, conduct and relative efficiency shall be the overriding factors.

(3) When subsequent new Employment arises, Employees whose employment were terminated as a result of redundancy shall be given preference.

(4) All Personal Emoluments as well as earned leave accrued by the Employees shall be paid before they are laid off.

(b) Redundancy and Severance Awards

Employees declared redundant or whose services become severed in a manner as provided for under the Severance Award provisions on the Labour Act 2003 or any subsequent enactment, shall be entitled to payment of combine Redundancy and Severance Award at the following rates calculated on the current gross earnings:-

(1) For periods below five .......................................10 Weeks pay for each completed year of service and the proportion thereof.

(2) For periods of Five (5) years and above:.......... 12 Weeks’pay for each completed year of service and the proportion thereof.

(c) Leave Pay on Leaving the Service of the COMPANY When an employee leaves the services of the COMPANY, he shall be entitled to payment in lieu of earned leave not taken at the time.

(d) Retiring Age:

The Retiring Age shall be as follows:-

Voluntary Compulsory
Men 55 60
Women 55 55

ARTICLE XXXII - LIQUIDATION

In the event of the COMPANY going into Liquidation, the COMPANY shall invite the national Union to discuss its intention to liquidate. The COMPANY shall also notify the National Union six (6) months in advance of its intention to liquidate.

ARTICLE XXXIII FUNERAL GRANTS:

(a) In the event of the death of an Employee, the COMPANY agrees to donate GHc ( Five Hundred Ghana Cedis Only) to the employee’s spouse and children .

In addition, the COMPANY shall provide coffin/shroud, transport to convey the body to the place of burial, and meet other incidental expenses as approved by the Funeral Committee. The COMPANY shall also make arrangements to convey the personal effects of the deceased Employee to his hometown.

(b) On the death of an Employee’s Wife, Husband or Child up to 18 (eighteen) years, the COMPANY shall give to the bereaved Employee a grant of GHc 500.00 (Five

Hundred Ghana Cedis Only).

PART 7 - OBLIGATION OF PARTIES TO THE AGREEMENT ARTICLE XXXIV - PERMISSION FOR UNION MEETINGS:

(a) The COMPANY agrees that it shall, at all reasonable times, grant permission for the UNION to gather its members who are Employees of the COMPANY on its premises and at the work-place of the COMPANY for UNION Meetings, provided that such meetings or gathering are not held during official working hours without permission.

(b) The COMPANY shall allow Representatives or Officials of the Branch Union who shall not normally exceed two (2)in number or five (5) in special cases from each Station on working days to attend meetings of the National Executive Council, Regular Delegates Conference, Emergency Delegates Conference and Educational Programmes of the UNBON, provided that the UNION formally notifies the COMPANY at least one (1)week before the date of such meetings, stating the names of Employees to be given leave.

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

ARTICLE XXXV - GRIEVANCE AND TRADE DISPUTE PROCEDURE

(a) It is recognised that there are two (2) Trade Disputes which might develop between the COMPANY and the UNION during or at the expiration of this AGREEMENT.

The first kind of possible dispute will be termed herein a ‘Grievance’. The second kind of possible dispute will be termed a ‘Trade Dispute’. The purpose of this Article is to provide procedures whereby the parties can be assured of prompt and fair settlement of all such disputes.

(a) Grievance Procedure:

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

(1) He shall first seek a timely redress from his immediate Supervisor, Foreman or Sectional Head.

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

(3) If the matter is not resolved in (2) above, the

Sectional Executive Member shall refer the matter to the Branch Secretary who will seek redress from the Head of Department of the COMPANY.

(4) If satisfaction is not received in (3) above, the matter shall be referred for consideration by the Divisional Representative of the UNION and the said Head of Department who shall, together examine the case thoroughly, collect information available and strive to resolve the issue.

(5) Failure to get settlement after (4) above, the matter shall be reduced to writing and shall lie before the Regional Industrial Relations Officer of the UNION and the General Manager or his Representative of the COMPANY for solution.

(6) The Complainant shall have the right to be present at all levels, if he so wishes.

(7) Of the matter is not resolved between the Regional Industrial Relations Officer of the UNION and the General Manager or his Representative of the COMPANY, attempt shall be made to have the matter settled between the Headquarters Secretariat of the UNION and the General Manager or his Representative of the COMPANY before referring it to the STANDING JOINT NEGOTIATING COMMITTEE.

(8) If the matter is still not resolved, recourse to voluntary arbitration shall be made, after which the matter shall be dealt with in accordance with the provisions of the Labour Act 2003 Act 651 with a view to resolving it.

Trade Dispute:

In the event of a Trade Dispute, developing between the parties as defined in Paragraph (a) of this Article, they shall strive to resolve the dispute in fairness to both sides (purpose and intent of the Parties). In the event they are unable to reach agreement, the Parties will, in accordance with Section 154 of the Labour Act, 2003 (Act 651) seek to agree upon a person to mediate the dispute voluntarily. If the parties are unable to agree on a Mediator, or if the mediation attempt is unsuccessful, the parties will attempt to agree upon a mutually accepted Arbitrator to whom the dispute can be referred. The person acting as Arbitrator under this Section will have all powers which are specially granted to him at the time of his selection as Arbitrator. In the event the two Parties are unable to arbitrate the Trade Dispute or are unable to agree upon a mutually acceptable Arbitrator, the dispute shall be dealt with in accordance with the provisions of Section 155 of the Labour Act 2003 (Act 651) or any other subsequent enactment.

ARTICLE XXXVI - SALARY AND WAGES SCALES

The Salary and Wages Scales attached to this AGREEMENT as Appendix ‘A’ are agreed upon so far as they refer to the Employee in respect of whom the UNION is empowered to negotiate.

FOR AND ON BEHALF OF AGRICARE LIMDTED

S.B. APEADU

(MANAGING DIRECTOR)

FOR AND ON BEHALF OF GENERAL AGRICULTURAL WORKERS UNION OF GTUC

K. OFEI NKANSAH

(GENERAL SECRETARY)

AGRICARE LIMITED UNIONISED STAFF SALARY - 2010 in GHc

1. STOREKEEPER....................................... I3,743.25

2. PLANT OPERATOR..................................3,436.89

3. MILL SUPERVISOR..................................3,097.13

4. STOREKEEPER GD. II.............................2,989.91

5. CASHIER.................................................2,873.85

6. MILLHAND I...........................................2,660.78

7. SENIOR CANTEEN ASSISTANT...........2,567.35

8. CANTEEN ASSISTANT II.......................2,472.27

9. OFFICE ASSISTANT I.............................2,291.90

10. DRIVER..................................................2,226.35

11. MILLHAND II........................................1,828.09

12. MILLHAND...........................................1,434.51

13. MILLHAND...........................................1,352.54

14. STOREHAND........................................1,352.54

Agricare Limited - 2010

Start date: → 2010-01-01
End date: → 2011-12-31
Ratified by: → Ministry
Ratified on: → 2010-01-01
Name industry: → Manufacturing
Public/private sector: → In the private sector
Concluded by:
Name company: → Agricare Limited
Names trade unions: → General Agricultural Workers Union of Ghana Trades Union Congress (GAWU of TUC)

TRAINING

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

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 87 %
Maximum days for paid sickness leave: → 304 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: → No

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 12 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → Yes
Prohibition of discrimination related to maternity: → Yes
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → No
Workplace risk assessment on the safety and health of pregnant or nursing women: → No
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → Yes
Time off for prenatal medical examinations: → No
Prohibition of screening for pregnancy before regularising non-standard workers: → No
Prohibition of screening for pregnancy before promotion: → No
Facilities for nursing mothers: → Yes
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → No
Paid leave per year in case of caring for relatives: → 10 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: → No
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: → 21.0 days
Paid annual leave: → 4.0 weeks
Paid bank holidays: → Christmas Day, Army Day / Feast of the Sacred Heart/ St. Peter & Paul’s Day (30th June), Chile Independence Day (18th September), John Chilembwe Day (15th January)
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
Wages specified according to skill level: → 0
Wages specified according to job title: → 1
Adjustment for rising costs of living: → 0

Wage increase

Once only extra payment

Once only extra payment due to company performance: → Yes

Premium for overtime work

Premium for Sunday work

Premium for Sunday work: → 100 %

Meal vouchers

Meal allowances provided: → 
Free legal assistance: → 
Loading...