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COLLECTIVE AGREEMENT BETWEEN

BETTER BEST ACADEMY

&

UNION OF EDUCATION, AGRICULTURE & GENERAL SERVICES WORKERS UNEAGES of GFL

TABLE OF CONTENT

ARTICLE INDEXPAGE

SECTION A -INTRODUCTION

Table of content2

Preamble3

1. Coverage3

2. Purpose3

3. Duration3

4. Definition3 - 4

SECTION B - ENTERING THE JOB

5. Engagements4

6. Employment Data5

7. Medical Examination5

8. Appointment Letter5

9. Probation5

SECTION C - ON THE JOB

GENERAL CONDITONS OF WORK

10. Induction/Job Orientation5

11. Appraisals6

12. Hours of Work6

13.Casual Leave6

14. Maternity Leave6 - 7

15. Salary Administration7 - 8

16.Union Recognition8 - 9

17. Discipline9

18. Grievance Procedure10

BENEFITS

19. Provident Fund [3rd Tier Pension]10

20. Medical Facilities10

21. Annual Bonus11

22. Funeral Grant11

23. SECTION E – LEAVING THE SERVICE

24. Termination 12

25. Resignation 12

26. Retirement12

27. Amendment to & Validity of Agreement 13

28. Obligation on Parties to this Agreement13

SECTION - A INTRODUCTION

PREAMBLE

This Collective Agreement is made this 20th day of October 2012 between the Management of BETTER BEST ACADEMY hereinafter referred to as the Employer and Union of Education, Agriculture & General Services [UNEAGES] hereinafter referred to as the Union.

ARTICLE 1 - COVERAGE

This Collective Agreement shall apply to staffs of the School who are members of the Union of Education, Agriculture & General Services Workers in the time being and other staff of the company who would be engaged thereafter and become members of the Union.

ARTICLE 2 - PURPOSE

i.It is the desire and purpose of both the employer and the Union that the content of this Collective Agreement shall promote and improve harmonious working relationship towards the realization of the cooperate goals of the School and improved socio-economic wellbeing of the workers of the company who are covered by this Agreement.

ii.This Collective Agreement is also intended to create the platform and atmosphere [through the medium of dialogue] to resolve all likely labour related conflict and or misunderstandings that may arise in the course of the work through processes and procedures provided by the Labour Act 2003, Act 651 and those provided for under this Collective Agreement.

ARTICLE 3 - DURATION

This agreement shall come into effect on 1st September 2012 and shall remain in force for a period of two years on the effective date. Twenty-two [22] months after its operation, either party to this agreement may serve the other party a one month written notice of its intentions to review the agreement. In either case, the two parties shall meet to negotiate, but until a new agreement is netotiated and signed into effect, the existing Collective Agreement shall continue to prevail on both parties.

ARTICLE 4 - DEFINITIONS

For better understanding and effective implementation of the articles of this CA, the following shall mean:

i.Employer shall mean the BETTR BEST ACADEMY or the company

registered under the laws of Ghana to operate as a corporate entity.

ii.Employee shall refer to Teaching and non-teaching Staff the School and classified under the Collective Bargaining Certificate to be covered by this agreement

iii.Management shall refer to the team of managers duly appointed by the

employer to implement its policies and to ensure the effective application of the articles on all matters of employment and non-employment contained in this Collective Agreement and all relevant laws of this land.

iv.Union means the national union certified under the Labour Act 2003, Act

651 as the Union of Education, Agriculture & General Services Workers

v.Members shall refer to those employees who exercise their rights under

the law to join the union to promote and protect their socio-economic interest while in the employment of the Better Best Academy

vi.Basic Pay means the Consolidated Salary of an employee without any

deductions of statutory taxes or additions of other incentives and allowances.

vii.Off Duty shall refer to the statutory two [2] days rest period for a worker

guaranteed by the law after working for a period of forty [40] hours in a week of five days.

viii.Net Pay shall refer to the earnings of an employee at the end of the month after all statutory deductions including union dues have been effected,

ix.Probation means the period of observation of a newly engaged worker to

determine his/her level of competence and commitment to work for confirmation as a permanent employee.

SECTION – B - ENTERING THE JOB

ARTICLE 5 - ENGAGEMENTS

A successful applicant who is offered employment by Better Best Academy shall be served with an appointment letter which shall contain the following among essentials of employment;

Date of Employment

Nature of Employment

Salary at the point of Employment

Period of Probation

Job Title and Description

Hours of Work

ARTICLE 6 – EMPLOYMENT DATA

Upon request, the newly engaged staff shall furnish the employer with detailed personal data covering his/her full name, date of birth, age, family profile, and previous employment. Educational/Academic qualifications, next of kin, medical history disciplinary records, referee etc.

ARTICLE 7 – MEDICAL EXAMINATION

An employee to be considered for employment by the Better Best Academy shall on the request of the employer undergo medical examination to check the health status and determine his/her level of fitness for the job.

ARTICLE 8 -APPOINTMENT LETTER

The employer shall issue appointment letter to any newly engaged worker clearly indicating the date of appointment, job title, department/section of work, probationary period, salary range, hours of work etc. Such letter of appointment shall be issued to the worker not later than two months of the date of employment

ARTICLE 9 - PROBATION

i.The employer shall subject newly engaged workers to a minimum of three months and maximum of six months’ probation during which period the employee shall be carefully observed regarding his/her suitability for the assigned job.

ii.On completion of the probation, the employer shall write to either confirm or terminate the appointment of a probationer based on either proven satisfactory or unsatisfactory performance on the job during the period of probation as provided for in Section 15 of the Labour Act, 2003, Act 651

iii.Any probationer who serves more than six months without any written confirmation shall be deemed to have been made permanent on his/her job.

SECTION – C ON THE JOB [GENERAL CONDITIONS OF WORK]

ARTICLE 10 - INDUCTION/JOB ORIENTATION

In order to promote teamwork among workers for higher productivity and harmonious working relationship at work, newly employed workers of the company shall undergo job orientation to introduce them to the cultural norms and work ethics of the company.

The period of such orientation shall not exceed two weeks depending on the reality on the ground.

ARTICLE 11 - APPRAISALS

i.In line with its corporate policy, the employer shall undertake Annual

Performance Appraisal of all employees covered by this Agreement to determine salary incremental jumps, promotions, upgrading, transfers, incremental withholdings.

ii.An Appraisal Scheme shall be designed by the Management of the School to be administered by the School Headmasters

iii.An Appraisal Review Committee composed of the Headmaster, Asst. Headmaster [Academic] and Local Union Chairman or representative shall be constituted to review all appraisal related complaints for amicable solution.

ARTICLE 12 - HOURS OF WORK

I.The standard hours of work for pay shall be eight [8] hours a day and or forty

[40] hours a week of five [5] days duration. In all cases, the period of work shall be regulated by the employer to meet the needs of the work of the School but shall in line with laws regulating hours of work.

II.Every worker shall be entitled to two [2] days off duty in a week on Saturday and Sunday.

III.Any extra classes organised by the school beyond normal working hours shall attract special rate determined between the Headmaster and the teaching staff involved.

ARTICLE 13 - CASUAL LEAVE

The employer may grant a maximum of seven [7] working days casual leave to an employee to attend to very urgent personal matters such as; bereavement, child birth/deliveries, marriage/wedding ceremonies, health needs of registered dependents

ARTICLE 14 - MATERNITY LEAVE

I.A female employee covered by this Agreement who in the course of her

employment with Better Best Academy is certified by a Medical Doctor to be pregnant shall be entitled to three months [3] leave with full pay as maternity leave.

II.The period of the maternity leave shall be determined on the recommendation of

the medical doctor in consultation with the head of department and the pregnant employee.

III.A pregnant worker who fall sick and is declared unfit to work by a medical doctor

during the period of her pregnancy shall be granted sick leave with pay for the period. Such paid sick leave shall not form part of her maternity leave days.

IV.A nursing mother who returns to work after delivery shall be granted two [2]

hours’ time off daily for nine [9] months to attend to her baby. The period shall be determined by the head of department and the nursing mother.

ARTICLE 15 - SALARY ADMINSTRATION

i.Salary Structure

The employer shall design a Salary Structure relative to the job assignment and qualifications of employees of Neat Foods Ghana Limited for negotiations and approval for implementation by the Standing Negotiating Committee to be attached to this Agreement as appendix “A”.

ii.Rate of Pay

Any employee covered by this agreement shall receive salary increase commensurable to his/her qualification and performance as contained in the salary structure in appendix “A”.

iii.Salary Review

The management of Better Best Academy and UNEAGES, at the standing negotiating committee level shall determine the salary increments on yearly basis during the two year life of this agreement..

iv.Merit Increment

On the basis of good performance through the Annual Appraisal Report, the head of HR Department shall on the recommendation of the head of department award merit increment in line with the salary structure to deserving employees at the beginning of the year to reward hard work.

v.Salary Advance

The employer shall grant Salary Advance equivalent to the monthly basic salary to an employee in financial difficulties. Upon request from the needy employee, the head of department shall recommend to the head of finance to effect payment. Such advance shall be recovered fully in a period of two months.

vi.Special Advance

In special circumstances, the employer shall grant a minimum of three month basic salary to an employee who in urgent necessities demands for such assistance. If the head of department is satisfied with the reason for the request, shall recommend to the head of finance for payment. Recovery of such assistance shall be spread over twelve months period.

ARTICLE 16 - UNION RECOGNITION

i.The management and board of Better Best Academy shall recognize the existence of UNEAGES as the official representative of workers classified under the Collective Bargaining Certificate and a Social Partner to the development and advancement of corporate goals of the company. It shall endeavor to secure the maximum cooperation of all parties to promote harmonious working relationship for the betterment of the work and the workers.

ii.Union Notice Board

The management shall provide notice boards properly placed on the premises of the company where management and union information shall be placed for the knowledge and attention of employees under this agreement.

iii.Union Activities

•The employer shall in accordance with the Labour Act 2003, Act 651 grant local union executive and shop stewards of Better Best Academy reasonable time to attend union meetings and training programs that facilitates their effective service delivery to the rank and file members.

•Sufficient time notice at least 48hours shall be given to the head of department to arrange for his/her proper release and replacement.

iv.The employer shall facilitate the work and the role of the union in the

promotion of hard work and discipline among workers with the provision of an office to keep official records and documents and for other relevant purposes.

v.Executive or shop stewards

a.In line with the labour act, the employer shall recognize the existence of branch executives as official representatives of the union

b.The union shall assist in the resolution of labour conflict that may arise from time to time in the course of work.

vi.Union membership

a.Employees covered by this agreement shall be deemed to be paid up

members of the union. They shall pay union dues levied on every member as provided for by the union’s Constitution.

b.New employees of the company engaged after the coming into

effect of this agreement may be recruited into the membership of the union.

vii.Check-off Dues Payment

In accordance with Section 111 of the Labour Act 2003, Act 651, the Union shall request in writing with the consent of the union members to the employer to deduct the agreed percentage of dues from the salaries of employees who are members of the union and pay same to the union as directed by it.

ARTICLE 17 - DISCIPLINE

In the exercise of its rights and responsibilities under the Labour Act 2003, Act 651, the employer shall reserve the right to discipline any employee who is proven to have misconducted him/herself while in the service of the employer

a.Any proven misconduct or offence committed by a worker may be punishable by any of the following:

i.Verbal or Written Warning

ii.Suspension

iii.Demotion in rank and salary

iv.Freeze on Promotion [for specific period]

v.Termination with/without notice

vi.Dismissal

b.Disciplinary Committee

c.

i.The Management and Union shall constitute a Standing Disciplinary Committee made up of the: Headmaster and any other management representative representing the employer and the Branch Union Chairman/Secretary and a union representative knowledgeable in the alleged offence representing the union.

ii.In a situation where the offence cannot be proven immediately, the Disciplinary Committee shall convene to investigate the case and make appropriate recommendation for the consideration and action of the management.

iii.In all cases of discipline, the alleged offender shall be given ample opportunity either by the Management or the Disciplinary Committee to defend him/herself before any action is taken on him/her.

ARTICLE 18 – GRIEVANCE PROCEDURE

i.The first point of call for any manner of grievance of a worker shall be the Headmaster who would endeavor to resolve the grievance satisfactorily. However, if the grievance involves the headmaster, the employee shall formally complain to the Union Secretary to discuss the matter with the Director of the School for possible solution.

ii.If the matter remains unresolved, the local union shall formally submit comprehensive report to the National Union for further investigation. If the national union is satisfied of a bona fide case, the union shall write to the Chairman to convene the Standing Negotiating Committee to resolve the matter.

iii.If the Standing Negotiating Committee fails to resolve the matter, the aggrieved worker may report the matter to the National Labour Commission for final determination. The decision of the National Labour Commission shall be final and binding on all parties to the dispute.

SECTION D - BENEFITS

ARTICLE 19 - PROVIDENT FUND [3RD TIER PENSION]

i.A contributory 3rd Tier Provident Fund Scheme shall be instituted in line

with Pensions Act 2008, Act 766 to provide enhanced lump sum end of service benefit to employees at the end of their service with the employer as follows:

Employee -5% Basic Salary per worker per month

Employer-5% Basic Salary per worker per month

ii.The Fund shall be managed independently by a Board of Trustees in line with the rules, regulations and guidelines of the Pensions Act 766.

ARTICLE 20 -MEDICAL FACILITIES

i.Better Best Academy shall provide free Medical Care to all employees and

their registered dependents made up of a wife and four children of school going age up to 18years.

ii.The facility shall include all medical care covered by the National Health

iii.Insurance Scheme. However, Better Best Academy shall institute a Top Up

Medical Scheme to cover other health care needs that the HHIS is unable to cover for the employees and their dependents

ARTICLE 21 – ANNUAL BONUS

I.As part of its effort to motivate hard work among workers, the employer shall

institute Annual Bonus incentive which shall be paid to employees in the month of December each year.

II.The Annual Bonus shall be the equivalent of each employee’s monthly basic pay.

In addition, the employer shall organize End of Year Get together to fraternize.

III.Employees who are six months old in the service of the company in the month of

December shall be entitled to full bonus. Those below six months shall earn pro-rata bonus.

ARTICLE 22 - FUNERAL GRANT

1.Deceased Employee

i.In the event of death of an employee, the employer shall make donation to the bereaved family as follows:

a.Cash donation of GH¢500 to the immediate family made up of the registered wife/husband and children.

b.Cost of mortuary for a maximum of 14working days

c.Coffin/shroud or GH¢500 in lieu.

d.Hearse/Ambulance to carry the corpse to the place of burial within Ghana.

e.Donation of assorted drinks including Beer, Guinness, Malta Guinness, Soft Drinks and Schnapps to the immediate and extended families for the funeral.

f. Vehicle to convey employees to and from the burial and funeral rites of the deceased

2.Bereaved Employee

I, When an employee is bereaved of a registered dependent including wife/husband, children and parents, the employer shall make an all-inclusive donation of GH¢600 to the bereaved employee

SECTION E - LEAVING THE SERVICE

ARTICLE 23 - TERMINATION

1.An employee whose service is fairly terminated under the Labour Act 2003, Act 651 other than Redundancy by the employer shall be served with one month written notice or payment of one month basic pay in liew of notice.

2.A fairly terminated employee shall be entitled to all earned and accrued benefits due him/her during the period of his/her employment.

3.In the event of Dismissal as stipulated under Article 22a [iv], the dismissed employee shall not be entitled to any notice of termination but shall be entitled to all earned and accrued benefits and entitlements. However, the employer shall surcharge the dismissed employee with the cost of damage or loss caused by the dismissed employee when proven to have been caused by him/her.

ARTICLE 24 - RESIGNATION

1.An employee who intends to withdraw his/her services from Better Best Academy shall be required to notify the Management one month to the effective date. Failure to serve the required notice, the employer shall deduct one month basic pay from the entitlement of the resigned.

2.A resigned employee shall be entitled to all earned and accrued benefit under the Collective Agreement.

ARTICLE 25 - RETIREMENT

1.Employees covered by this Collective Agreement shall retire under the Pensions Act 2008, Act 766

2.An employee due for retirement shall be served six [6] calendar months’ notice prior to the date of retirement during which period all benefits and entitlements shall be worked out and paid to the retiree before his/her last day in employment.

3.To reduce the effect of unplanned pension, the Management in collaboration with the Union shall organise Sensitization workshops for potential retirees to condition them for happy and enjoyable pension. Such workshops shall be held for employees who would be left with two years to retire. The module and frequency of training and orientation shall be determined by the Management and Union to suit the needs and expectations of potential retirees.

ARTICLE 26 - AMENDMENT TO & VALIDITY OF AGREEMENT

This Agreement shall come into effect on ______________________ and shall remain in force. No individual party to this agreement has the power and or the right to alter, amend, insert, or change any part of this agreement except by the Standing Negotiating Committee to do so However, either party to this Agreement may express its intention or desire to change, modify or amend the Agreement not later than thirty [30] days to the expiration of the Agreement. Until a new Agreement is negotiated and signed into effect, the existing Collective Agreement shall remain in force.

ARTICLE 27 - OBLIGATIONS ON PARTIES TO THIS AGREEMENT

The Board of Directors and Management of Better Best Academy and the National Executive Council of the Union of Education, Agriculture & General Services Workers [UNEAGES] agree to respect and uphold the articles and provisions of this Agreement in the spirit and letter upon which it was written.

SIGNED FOR AND ON BEHALF OF SIGNED FOR AND ON BEHALF OF

BETTER BEST ACADEMYUNION OF EDUCATION

AGRICULTURE & GENERAL SERVICES

…………………………………….……………………………………………

DIRECTORGENERAL SECRETARY

And witnessed by:

…………………………………….……………………………………………..

…………………………………….……………………………………………..

Dated this 20th day of October 2012 in Tema

Better Best Academy - 2012

Start date: → 2012-09-01
End date: → 2014-08-31
Name industry: → Education, research
Public/private sector: → In the private sector
Concluded by:
Name company: → Better Best Academy
Names trade unions: → Union of Education, Agriculture & General Services Workers (UNEAGES of GFL)

TRAINING

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

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 13 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → No
Prohibition of discrimination related to maternity: → No
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: → No
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: → 7 days

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
Rest period of at least one day per week agreed: → Yes
Provisions on flexible work arrangements: → 

WAGES

Wages determined by means of pay scales: → [u'0']
Wages specified according to skill level: → 0
Wages specified according to job title: → 0
Adjustment for rising costs of living: → 0

Wage increase

Wage increase: →  %

Once only extra payment

Once only extra payment: → GHS  %
Once only extra payment due to company performance: → No

Premium for overtime work

Premium for overtime work: → GHS  per hour overtime

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → 
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