Collective Agreement between Health Agencies and Facilities under the Ministry of Health and the Health Services Workers’ Union (HSWU) of TUC (Ghana)

PREAMBLE

ARTICLE 1 - RECOGNITION

1. The Employer recognizes the Union as the officially certified Trade Union under the Labour Act, 2003 (Act 651) and the sole and exclusive Bargaining representative of its members.
2. The Union shall be the sole negotiating body for all matters connected with employment or non-employment or with the terms of employment or with the conditions of labour of any of the employees specified in the Collective Bargaining Certificate in all matters pertaining to salarics, hours of work and other coi-feliuons ancf rules of employment covering those covered by the certificate and those who may become members within the duration of this agreement.
3. An employee covered by this Agreement shall not be compelled or allowed to enter into Contract or Agreement with Management concerning conditions of employment and salaries dealt with in this Agreement without the consent of the Union.
This Collective Agreement shall be effective on January 1, 2016.
This Collective Agreement takes precedence over any other existing Collective Agreement(s) from 1st January, 2016.

ARTICLE 3 - PURPOSE AND INTENT

1. The purpose of this Agreement is to set forth the conditions of service relating to salaries, wages, hours of work and other conditions and rules of employment, as required under the Labour Act, 2003 (Act 651) in order to attract, develop and maintain a disciplined and motivated workforce.
2. The parties recognise and agree to promote co-operation, tn1st, respect and fairness and to endeavor to uphold these virtues in their policies and practices.
3. The parties agree to work together to establish, promote and maintain an orderly, peaceful and harmonious relationship in matters of mutual concern.
   

ARTICLE 4 - EMPLOYER AND UNION RELATIONSHIP

1. Subject to existing laws and regulations, representatives of the Employer and the representatives of the Union shall be free to express views without fear that relations between them will be affected in a..”ly way by statements made jn good faith while acting in a representative capacity.
2. The Employer or its accredited representative shall accord the Union's representatives at all levels the necessary support to enable them carry out their functions promptly and efficiently during and outside hours of work.
The Employer shall not victimise a representative of the Union for acting in such capacity or reduce his pay for any normal werking time lost in dealing with employee grievances or Union activities in line with the Labour Act 2003, (Act 651).
The parties agree that any dispute or grievance arising between them shall be examined in line with existing dispute settlement procedures which are consistent with dispute settlement procedure of Sub-part II of the Labour Act 2003, (Act 651) or any other subsequent enactments thereto.
3. This agieementsfia. 1In0t- worsefi-any ■ exis6ng Terms an<r-Conditions of Service and practice of the employee that have not been agreed upon as part of the working relationship.
4. It is agreed that this document is a living document. The fact that certain conditions are reduced to writing does not preclude either party from meeting with the other to discuss and negotiate on matters not expressly covered by this agreement. However, such matters shall be within the scope and intent of collective bargaining.
5. The Employer shall negotiate with the Union before making changes in existing benefits and practices which have been mutually accepted by the parties.
6. The Employer shall consult the_ Union if during the tenure of this Agreement, there are changes in law, regulations or dccisions that may affect sarne.

ARTICLE 5 - DURATION OF THE AGREEMENT

The duration of this Agreement shall be two (2) years. The provisions in this agreement can be amended, rescinded or otherwise altered at any time after one year during the life of this Agreement by mutual agreement between the parties hereto. The amendment shall be evidenced in writing citing the specified provisions of agreement affected. Negotiations for such changes shall begin not later than 30 days after the date of notification.
1. At any time after two (2) years either party to this Agreement may give the other party one (1) month notice in writing, expressing its wish for the Agreement between the parties at the time to terminate the Agreement.
2. In the absence of such notice within the specified period, the Agreement shall continue in force from year to year unless notice is given as above within two (2) months of such yearly expiration date.
3. In the event that both parties enter into negotiation on the terms and conditions of a new agreement, the present Agreement will continue in force until a new Agreement is signed and the effective date of its commencement agreed upon.

ARTICLE 6 - OPENER CLAUSE

At any time after 1,2 months from the date of this Agreement, and once only during the life of this Agreement, either party may give notice in writing that it wishes to negotiate a change in matters affecting the conditions of service.

ARTICLE 7 - INTERPRETATION

In the event of any dispute arising from the interpretation of this Collective Agreement, the matter shall be referred to the Standing Negotiating Committee for determination and where there are further disagreements; final resort shall be made to the National Labour Commission (NLC) and appropriate law court for adjudication in that order.

ARTICLE 8 - DEFINITIONS

In this Agreement, unless the context otherwise requires;

"Department" means a department in a health Agency or Facility.

"Dependant" mean a spouse, or a child not above the age of eighteen (18} years.

"Employee" means a person appointed by the Ghana Health Service Council and Boards of public Health Agencies and Facilities.

"Employer" means the Health Agencies and Facilities under the Ministry of Health and Christian Health Association of Ghana (CHAG).

"Family" mean an employee, a spouse (1) and four (4) children not above the age of eighteen (18) years.

"Labour Act" refers to the Labour Act, 2003 (Act 651) or any subsequent enactment thereto.

"Leave Year'' means the calendar year (ist January to 31st December).

"Management" refers to the Employer or its authorised representatives.

"Per Diem" implies a specified allowance to cover expenses when travelling for work outside the employee's normai place of work.

"Permanent Employee" means an employee engaged by a health Agency or Facility who is not on temporary, casual or contract basis (as defined by the Labour Act, 2003 (Act 651)).

"Posting" means the movement of gn employee in a health Agency from one station to another station or from place of recruitment to first place of work.

"Secondment" refers to the temporary movement of an employee of a healt. Agency to an organization in the Public Service.

"Sponsorship" refers to Stue.y Leave with Pay only, Study Leave with Pay plus tuition fees and or stipend, and or air ticket.

"Spouse" -refers to the person named on an employer's personal records form as a husband or wife.

"Study Leave" refers to leave of absence granted with or without pay to an employee to undertake an approved training course.

"Transfer" refers to the movement of an employee from one health Agency to another within the Ministry or to another Agency within the Public Service of Ghana.

Reference to masculine gender shall also include feminine gender unless otherwise specified.

The use of the singular also connotes the plural.

Underserved Area refers :o areas in the country that lack or have inadequate social amenities such as education, health, transport and communication makmg 1t difficult for public service employees to accept postings to such areas.

Union refers to the Health Services Werkers' Union of the 'l'rades Union Congress (Ghana) at the National, Regional, District, and Local levels.

ARTICLE 9 - ENTERING THE HEALTH AGENCY/FACILITY AND RELATED CONDITIONS

9.1 Entry into the Service

1. A person shall not be appointed t:) any post in the Health Agcncy or/and Facility unless he possesses the qualification and relevant experience as approved for the post.
2. Direct entry appointment shall normally be made into the grades in the health Agency or Facility subject to qualifications, relevant experience and passing an interview where applicable.

9.2 Appointing Authority

The appointing authority of employees who are covered by this Agreement shall be the Councils or Boards of the health Agency or Facility on behalf of the Government of Ghana where applicable.

9.3 Letter of Appointment

a. An employee covered by this Agreement on first appointment shall receive a letter of appointment, which in conjunction with this Collective Agreement and Administrative Instructions shall con titute an agreement between the Appointing Authority and the individual employee. The appointment letter shall indicate the following:

1. Job Title
   
2. Salary starting point and other benefits
   
3. Effective date/Starting date
   
4. Probation period
   
5. Job Description
   
6. Employment Status
   
7. Reporting relationships
   
8. Statutory deductions
   

9.4 Acceptance of Appointment

A successful applicant to a position shall accept the appointment in writing within the stipulated time before the appointment becomes valid.

9.5 Medlcal Examination

Appointment to any established post shall be subject to a certificate of good health issued by a recognised practitioner.

9.6 Terms or Engagement

Upon assumption of duty, a newly appointed employee's Terms of Contract of Employment shall be made available to him.

9.7 Effective Date of Appointment

The effective date of appointment, unless otherwise stated in the letter of appointment, shall be the date of assumption of duty.

9.8 Contract Appointment

A contract appointment may be approved for a retired employee where the services of the retiree are needed by the Employer. The appointrnent shall be for a period of two (2) years in the first instance and renewable for a further two (2) years but shall not exceed five (5) years. The contract appointment shall however be further subject to the following conditions:

1. exigencies of the service,
2. the employee possesses special skills, knowledge, experience and qualification not readily available or in short supply in the Agency,
3. fitness evidenced in a report by a licensed or registered practitioner,
4. there must be no disciplinary action pending against the applicant,
5. there must have been a recommendation by the respective Agency, and
6. such other terms and conditions as the appointing authority may determine.

9.9 Conditions for Nullification of Appointment

1. An employee covered by this Agreement v..-ith questionable and unsuitable antecedent or who had been dismissed from a previous post shall be disqualified from being offered employment by the health Agency or Facility.
2. Where an employee is found to have deliberately withheld requested information from the employer, he shall be liable to summary dismissal.

9.10 Employee Records

An employee covered by this Agreement on first appointment shall give the following particulars in addition to any records that the Employer may require:

1. Date of birth and evidence thereof
2. Home and permanent address/telephone, e-mail address
3. Education and professional qualifications
4. Marital status and children (if any)
5. Name and address of next of kin
6. SSNIT number
7. Health Insurance Certificate number
8. National Identification Number or Vote:r's Identification Number 1. Person to contact in case of emergency
9. Recent passport sized photograph
10. Hometown
11. Spouse
    
12. Fathcr and mother

9.11 Employee Orientation and Induction

A new employee shall be required to undergo an orientation and induction programme organised by the Employer. The orientation programme in all instances shall consist of the following:

1. Relevant Staff Manuals including employee handbook
2. Job briefing
3. Information on the health Agency or Facility
4. Introduction to relevant Heads of Departments, peers and subordinates

9.12 Re-engagement

1. An employee who vacates his post and wishes to carne back shall apply to the Management of the health Agency or Facility for consideration. The individual, if re-engaged, shall be made to begin from the minimum salary grade he left off.
2. An employee who resigns from an agenc,-y or facility and later returns for re-engagement may be considered based on the availability of vacancy. Placement shall be based on his current qualification and experience.

9.13 Re-instatement

1. An employee whose contract bas been unfairly terminated shall be re­instated based on any of the following
2. upholding of a petition or an appeal against the decision of the disciplinary authority or the Governing Council or Board or any lawfully constituted body;
3. on the order of the National Labour Commission (NLC), where there is no reasonable cause forappeal;
4. ruling by a court of competent jurisdiction;
5. a rectification of an administrative error or mistake as contained m a report issued by the Head of Agency or Facility.
6. in the case of re-instatement, the grade of re-entry as well as the salary and other related conditions shall be informed by the decision of the disciplinary authority, head of institution, NLC or court granting the petition or appeal.

ARTICLE 10 - EMPLOYEE HANDBOOK_

1. An Employee handboek which is a summary of policies, procedures and practices related to human resource management at the health Agency or F acility shall be made available to each employee on first appointment.
2. The Management of the health Agency or Facility shall be accountable for leading an effective staff team and is thereby accountable for the development and implementation of the policies outlined in the handbook.
3. Heads of Departments shall b responsible for human resource management within their own stalf teams and shall reference the handbook to ensure organizational consistency in the application of thes' .;;wt
4. Thehead of Human Resource shall be responsibk JOr nir i, 1 • 1 procedures and systems which uppc r hPman resource- man re"'.' the Agency or Facility anrl c; '"dlh Jl to answer any qvcsticns ,.. .t-11 vu-. clarification on any content of thL- nar. ,01;1,;:
   

A new employee shall be required to undergo a probation period of six (6) months from the date of engagement. However, the Employer may extend the probation for a further three (3) months for stated reasons upon performance apprai:..:al.
1. The appointment may be terminated in writing by the appointing authority if the employee's performance or conduct does not meet the expected standards during the period of probation.
2. An employee on probation shall be assisted by his immediate head to enable him establish himself in the health Agency or Facility.

ARTICLE 12 - CONFIRMATION

1. A newly appointed employee shall be confirmed after the probation period. Recornrnendation for confirmation shall be submitted to the Management of the health Agency or Facility at least two months before the end of the probation period.
2. An employee who has not been recommended for confirmation shall be informed in writing stating reasons for non-confirmation, at least one month before the end of the probation period, and shall be called upon to make his representation on the matter if he so wishes. If the representation is considered satisfactory, he shall be confirmed.
3. During the period of probation, where an employee is found to be unsuitable for the position, his appointment may be terminated after one rnonth notice or paid one month basic salary in lieu of notice.
4. Where an employee decides to resign within the period of probation, he .shall give one rnonth notice or_ pay the equivalent of one month basic salary in lieu of notice.
5. After successful cornpletion of the probation, the employee shall be written to, confirrning his engagement.
6. Unless inforrned in writing to the contrary, an employee who has completed his probation period shall be deemed to have been confirmed.

ARTICLE 13 - SCHEME OF SERVICE

There shall be approved Scheme of Service covering all grades in the health Agency or Facility which shall include the following:

1. Title of each grade
2. Duties assigned to each grade
3. Qualification and method of entry
4. Mode of progression
5. Staff training and development
6. Reporting relationships

ARTICLE 14 - PROMOTIONS

14.1 Promotions

1. Promotion of an employee shall be based on merit and shall be in accordance with the Scheme of Service, promotion policy and regulations of the health Agency or Facility.
2. The promotion of an employee shall be based on years of service in the particular grade, conduct, requisite qualifications, sense of responsibility, and any o1J1er applicable criteria.
3. Where interview is required, the promotion of an employee shall be based on the result Of the interview.
4. Where a promotion test or examination is required, an employee shall be promoted based on the result of the test or examination.
5. In positions with limited establishments, seniority in the current grade shall be taken into consideration where employees are at par on the merit ranking scale during an interview.
6. Seniority shall be determined by the date of entering the grade under consideration.
7. Where the employees are still at par, seniority in their previous grade(s) shall be considered.
8. As far as practicable, vacancies at the management level shall be filled by promotion from within the health Agency or Facility. Such vacancies shall be advertised internally and opened to all employees who have the requisite qualification and experience as may be laid down from time to time.

1. Relevant experience and periods of furthN approved training shall count for the purpose of promotion provided there is documentary evidence to prove so.

14.2 Eligibility Criteria for Promotion

An employee shall be eligible for promotion after satisfying the following conditions

1. consistent satisfactory performance evidenced in the last 3 years' appraisal reports;
2. participation in regular structured in-service training relevant to the job of the employee;
3. served in the current grade for three (3) years if promotion is from the 1st grade level and five (5) years if promotion is an elevation beyond the 1st grade level;
4. Employees located in places which are officially classified as underserved shall serve one (1) year less than the normal number of years of service required for promotions as indicated in the Scheme of Service;
5. An employee should not have been alleged to have committed a major offence which is under investigation;
6. An employee must have a valid professional license where applicable;
7. An employee suspected to be suffering from a medical condition that 1s likely to affect his fitness to work must be referred to a Medical Board before consideration for promotion.

14.3 Promotion Out-of-Turn

An employee with outstanding performance may be promoted out-of-:turn upon submission of a recommendation letter and supporting documentation of achievement by the Head of his Agency or Facility.

14.4 Promotion white on Secondment

An employee on secondment shall earn normal promotion with colleagues on the samc professional gracie within the approved secondment period.

14.5 Ineligibility for Promotion

A. An employee shall not be considered for promotion if he is

1. on contract;
2. on probation;
3. under investigation for a major offence;
4. on Study Leave;
5. for any other stated reason specified in the Scheme of Service, Policies and or existing Administrative Instructions.

B. Clause (iv) above notwithstanding, an employee shall be entitled to promotion in accordance with the Study Leave Policy.

14.6 Trial Period on Promotion

1. An employee who is promoted to a higher grade shall serve a trial period of three (3) months before confirmation.
2. Unless informed in writing to the contrary, an employee who has completed his trial period shall be deemed to have been confirmed.

ARTICLE 15 - PERFORMANCE ASSESSMENT

An employee shall be assessed by his immediate supervisor in accordance with the Performance Management Policy and Guidelines of the Agency or Facility.

ARTICLE 16 - POSTING AND TRANSFER OF STAFF

16.1 Posting

1. An employee shall be assigned duties anywhere in Ghana at the exigencies of the health Agency or Facility, provided the assigned duties shall not be inconsistent with the Scheme of Service of the employer, Policies and or Administrative Instructions of the Agency.
2. As far as practicable, the posting of a serving employee shall be done before the commencement of each academie year to enable him arrange for school for his wards or dependants.
3. An employee with disability shall not be posted to areas where his physical condition may worser"
4. Where practicable, the Management of a health agency or facility may post an employee to an Agency or Facility close to the spouse, hearing in mind staff establishment and availability of vacancy.
5. Where it becomes necessary to post a branch Union executive the Union shall be informed of the posting. The notice of posting shall not be less than three (3) months to enable the Union conduct fresh elections to replace the officer posted.
6. Where emergency posting of a Union executive is required, the General Secretary of the Union shall be given prior information.

16.2 Transfer

1. As far as practicable, an employee on transfer shall be g1ven at least thirty (30) working days' notice before the date of departure to his new station.
2. An employee on transfer shall within ninety (90) days of the effective date of the transfer vacate his official residence.
3. Where it becomes necessary to transfer a branch Union executive the Union shall be informed of the transfer. The notice of transfer shall not be less than three (3) months to enable the Union conduct fresh elections to replace the officer transferred.
4. Where emergency transfer of a Union executive is required, the General Secretary of the Union shall be given prior information.

16.3 Secondment

An employee may be seconded from one hea1th agency or facility to another in line with the Ministry's Policy Guidelines on Secondment.

ARTICLE 17 - SALARIES, ALLOWANCES AND FRINGE BENEFIT

17 .1 Salaries

1. The salary payable to an employee shall be m accordance with the structure as approved by government.
2. The salary level and point of entry in the salary scale of a newly appointed employee shall be indicated in the appointment letter.
3. In determining the point of entry, experience and qualifications relevant to the post shall be taken into account as defined in the Scheme of Service and Policy on Appointment.
4. The monthly salary of an employee shall be paid directly into an account at a bank of his choice.

17.1.1 Deductions

Statutory deductions, officially approved payments and voluntary deductions shall be effected from an employee's salary. The deductions may include the following

1. income tax deductions;
2. deductions made under the National Pensions Act, 2008 (Act 766);
3. repayment of loans and salary advances;
4. rent in respect of Govern_ment accommodation;
5. Employee Welfare or Provident Fund contributions;
6. recovery of salary over-payment;
7. court directives and injunctions; and
8. Union and Association dues and levies.
9. In the event of wrongful deductions, the employer shall take steps to restore the amount due to the employee.

17.1.3 Conditions for Withholding Salary

The appropriate proportion of an employee's salary shall be withheld if

1. the employee fails to attend duty without permission and without reasonable cause for five (5) working days and has been duly notified of the intended deduction as a disciplinary measure, or
2. the employee resigns without giving the required notice, or
3. the employee is relicved of his post by the Council or Board of the Agency concerned, or
4. the employee is suspended from duty, or
5. any otller condition as may be :ndicated m the Ministry's Scheme of Service.

17.2 Allowances

1. Allowances to an employee in a health agency or facility shall be paid as pay supplement and shall be subject to rules and regulations which
   come into force from time to time in the public services.
2. All allowances identified as Categories 2 & 3 Allowances shall be negotiated by the Public Services Joint Standing Negotiation Committee.
3. Other allowances that are sector, job or institution specific shall be negotiated between the Union on the one part and the Fair Wages and Salaries Commission and the Management of the Agency or Facility on the other part.

17.2.1 Additlonal Duty Allowance

1. This allowance shall be paid to an employee who is requested in writing to take additional responsibility for a position together with his own. The rates payable shall be as negotiated and agreed by the parties at t..he Public Services Joint Standing Negotiating Committee (PSJSNC).
2. An employee shall not take additional responsibility for another position for a period of more than six (6) months subject however, to the exigencies of the health Agency or Facility.
3. An employee shall only take up additional responsibility over a job which is at the same level as he is currently holding.

A serving employee who requests for posting shall not be entitled to transport or posting allowance.

17.2.3 Temporary Posting / Transfer Allowance

An employee on temporary transfer shall be paid temporary transfer allowance as negotiated and agreed at the PSJSNC.

17.2.4 Vehicle Maintenance Allowance

An employee who uses his own means of vehicle to and from work is eligible for vehicle maintenance allowance. The allowance shall be paid as negotiated and agreed at the PSJSNC.

17.2.5 Kilometric Allowance

An employee who uses his ownmeans of transport for official duties shall be paid kilometric allowance as negotiated and agreed at the PSJSNC.

17.2.6 Out-of-Station Allowance

17.2.6.2 DayTrip Allowance

An employee who is required to work outside his duty station late into the aftemoon and is required back to his duty station the same day shall be paid Day Trip Allowance as negotiated and agreed at the PSJSNC.

17.2.7 Warm Clothing Allowance

Warm Clothing Allowance shall be paid to an employee proceeding toa country with temperate climate fora course of study or official duty tour as negotiated and agreed at the PSJSNC.

17.2.8 Foreign Trip Allowance

An employee who travels outside Ghana on an official duty shall be paid stipend in accordance with government policy to cover hotel, transport and feeding. Medical itisurance shall be paid by the employer if it is required.

17.2.9 Baggage (Freight) Allowance

An employee retuming from official assignment or course of study overseas shall be paid baggage allowance for shipment of personal effects, books and equipment acquired through training in line with government policy.

17.2.10 Underserved Area Allowance

The Ministry shall identity and classify areas that shall be referred to as underserved areas and pay allowance to an employee working in those areas in line with government policy.

17.2.13 Acting Allowance

1. Acting Allowance shall be paid to an employee who has been requested in writing by the appointing authority to perform duties in a higher position than bis current one. The duties mayor may not be additional to his normal work schedule.
2. The employee shall be paid Acting Allowance as negotiated and agreed at the PSJSNC.
3. Where an employee has acted for more than six (6) months, he shall be confirmed or a suitable candidate shall be recruited to fill the position.

17.2.15 Commuted Overtime Allowance

An employee in the category of security guards, watchmen, cooks and househelps placed on twelve (12) hours duty a day shall be paid Commuted Overtime Allowance as negotiated and agreed at the PSJSNC.
17 .2.16 Physically Challenged Guide Allowance
An employee with disability who engages a guide to assist him in the performan:e of his official duties shall be paid Disabled Guide Allowance as negotiated and agreed at the PSJSNC. The disability must however be certified by the Department of Social Welfare.

17.2.16 Physically Challenged Transport Allowance

Physically Challenge Transport Allowance shall be paid to a physically challenged employee who is certified as needing special means of transport to enable him commute to work as negotiated and agreed at the PSJSNC.

17.2.17 Tools Allowance

An employee who is an artisan (craftsman} and uses his own tools for official duties with prior approval from the employer shall be entitled to Tools Allowance as negotiated and agreed at the PSJSNC.

17.2.18 Rates of Allowances

Refer to Appendix 'A' attached.

The employer shall contribute 13% of an employee's basic monthly salary towards his retirement as provided under the National Pensions Act, 2008 (Act 766) as amended by Act 833 of 2014.
1. An employee shall contribute 5.5% of his basic monthly salary towards his retirement as provided under the National Pensions Act, 2008 (Act 766) as Amended by Act 833 of 2014.

17.4 General Benefits

17.4.2 Reimbursable Transport and Travelling Expenses

An employee who has to perform authorised out-of-station duties without. official transport shall be reimbursed the transport and travelling expenses incurred based on the policy of the health Agency or Facility.

17.4.3 Mandatory Benefits (Social Security)

The employer shall contribute 13% of an employee's basic monthly salary towards his retirement as provided under the National Pensions Act, 2008 (Act 766} as amended by Act 833 of 2014.
1. An employee shall contribute 5.5% of his basic monthly salary towards his retirement as provided under the National Pensions Act, 2008 (Act 766) as Amended by Act 833 of 2014.

17.4 General Benefits

17.4.1 Funeral Grant

Where an employee loses a registered spouse or child, the employer shall pay funeral grant as negotiated and agreed at the PSJSNC.

In the event of the death of an employee whilst in active service

1. A cash donation as negotiated and agreed at the PSJSNC shall be paid to his family (spouse and children) or next of kin.
2. free public mortuary services or fees fora maximum of three (3) months (including cost of autopsy).
3. vehicle(s) for conveying the deceased and sympathisers to his hometown or place of burial as the case may be.
4. vehicle to convey the deceased's family and personal effects to his hometown in Ghana or the place of burial as the case may be.

17.4.2 Reimbursable Transport and Travelling Expenses

An employee who has to perform authorised out-of-station duties without official transport shall be reimbursed the transport and travelling expenses incurred based on the policy of the health Agency or Facility.

17.4.3 Vehicle Purchase Loan Facility

1. An employee may be considered for the grant of a loan by the employer to purchase means of transport depending on the need and availability of funds.
2. The loan, if granted shall be re-paid by the beneficiruy employee within sevcn (7) years duration beginning from the second month of the release of the laan.
3. Eligibility and the value of the vehicle loan as well as the re-payment period shall be determined from time to time.
4. The laan may be available to an employee based on the monetary allocation set forth by management each year and the level of the employee's basic salruy.
5. The loan facility may be available to an employee who has served continuously for a minimum period of 5 years without adverse disciplinary findings.
6. An employee who has less than 7 years to serve shall have a fixed term payment plan with the understanding that the loan will be amortised prior to the release of the funds.
7. To ensure that an employee is not unduly burdened financially as a result of the operation of thisiacility, all applications shall be subject to critical discussions with respect to the loan re-payment, insurance and provision for repairs and maintenance.
8. Until the loan is fully re-paid by the beneficiruy employee, the vehicle purchased with the loan shall remain the joint property of the beneficiary and the employer. The vehicle cannot be disposed of without the consent of the employer.
9. An eligible employee may be granted a re-condition loan facility to enable him repair his vehicle. The amount of the re-condition loan shall not exceed three (3) months basic salary and shall be determined on a case by case basis.
   
10. An appropriate comprehensive insurance policy shall be taken on the vehicle by the beneficiary employee.
    
11. It shall be the duty of the beneficiary employee to keep his insurance policy renewed promptly when due and to lodge a copy of the current policy with the Head of Human Resources at the Agency or Facility level.

17.4.4 Housing Loan Scheme

1. The Employer may, in consultation with the: Union, institute a housing loan schemc to assist employees who have served a continuous minimum period of ten (10) years to acquire their own accommodation.
2. The Employer shall not be held liable in the event of any default in the servicing of the loan by the beneficiary employee.

17.4.5 Salary Advance

1. A permanent employee, may on application, be granted salary advance not exceeding three (3) months' salary once a year subject to the availability of funds.
2. The salary advance if granted, shall be re-paid within twelve (12) months through monthly deductions at source.

17.4.6 Rent Advance

An employee may be granted rent advance amounting up to three (3) months of his basic salary from Inte1nally Generated Funds (IGF) subject to the availability of funds. The rent advance if granted, shall be re-paid within twelve (12) months through month.ly deductions at source.

17.4.7 Special Advance

In the event of verified death of a spouse, child, or parent an employee may be granted special advance up to two (2) months of his basic salary from Internally Generated Funds (IGF) subject to the availability of funds. The special advance if granted, shall be re-paid within twelve (12) months through monthly deductions at source.

17.4.8 Re-payment of Loans and Advances

1. The total monthly re-payment of all loans and advances shall not exceed 40% of the gross pay of an employee.
2. A loan or advance which is outstanding against an employee at the time of his leaving the employment shall be recovered from any entitlements that maybe due him.

ARTICLE 18 - LEAVE ENTITLEMENTS

18.1 Introduction

Leave is a vital human resource management (HRM} tool to ensure the promotion of a healthy and productive workforce. It shall be adm.inistered in line with the existing Leave Policies and Guidelines of Agencies and Institutions and the provisions of the Labour Act, 2003 (Act 651).

An employee may be ent1tled to anv of the following types of Leave

1. Annual Leave;
2. Casual Leave;
3. Maternity Leave;
4. Paternity Leave;
5. Sick Leave;
6. Study i,eave Without Pay;
7. Compassionate Leave;
   
8. Disembarkation Leave; and
   
9. Leave Without Pay.

18.2.1 Part Leave

An employee shall r.ave the right to take bis Annual Leave in installments.

18.2.2 Deferred Leave

1. Management shall ensure that all employees- take Annual Leave. Employees who fail to proceed on Annual Leave shall be compelled to do so.
2. Where the exigencies of work do not permit or allow an employee to take his Annual Leave, the employer may request the employee to defer his Annual Leave subject to approval.
3. Annual Leave shalJ not be deferred beyond one year.
4. The reason(s) for the leave deferrnent should be properly documented in writ.ing by the approving authority.

18.2.4 Resumption of Duty after Annual Leave

1. An employee shall resume duty on the working day immediately preceding the date of expiry of his Annual Leave.
2. An employee who unjustifiably overstays his Annual Leave for a period of ten (lQ) working days consecutively shall be deemed to have vacated his post.
3. Where an employee overstays his Annual Leave for less than ten (10) working days without reasonable cause, he shall be sanctioned in accordance with the Agency's Code of Conduct and Disciplinary Procedures.

18.3 Casual Leave

1. Casual Leave is a short leave of absence granted to an employee after he has exhausted his Annual Leave.
2. An employee may be granted Casual Leave of up to ten (10) working days within a calendar year.

18.4 Compassionate Leave

An employee shall be granted Compassionate Leave not exceeding ten (10) werking days under special circumstances, including a tragedy involving the employee or his immediate family member 1.e. father, mother, spouse, child or ward.
Compassionate Leave shall not bededucted from Annual Leave.

18.7 Sick Leave

18.7.1 Written Notice

An employee who is unable to attend to duty on account of ill-health or ether medical cause, shall send a written notice to the immediate supervisor as soon as practicable.

18.7.2 Excuse Duty Form

The employee shall obtain an Excuse Duty Form from a registered medical practitioner to cover absence from duty for medical reasons on account of sickness stating

1. the cause of absence, and
2. the probable date of assumption of duty.

18.7.3 Requirements for Sick Leave

1. Where an employee suffers from an illness which necessitates continued absence from duty fora period of up to one (1) week, the employee shall furnish the immediate supervisor with a medical report from a registered medical practitioner.
2. Where the illness requires the continued absence from duty beyond the period of one (1) week, i:he emplovee may be dispensed from discharging duties without loss of salary fora period of not more than six (6) months including the date of first dispensation.
3. Where an illness necessitates the absence from duty of an employee beyond the period of six (6) months, the Agency or Facility may extend the dispensation for a further six (6) months.
4. An employee granted dispensation js required to furnish the Head of the Agency or Facility with a report from a registered medica! practitioner at intervals of one month from the date of the first report.
5. If the employee is unable to resume duty at the end of the dispensation period, the Head of the Agency or Facility shall require a certificate from a Medica! Board appointed by the Agency or Facility for that purpose.

First year                                  full salary-
Second year                             half(^) salary during the pendency of the
Medical Board 's report

18.7.4 Taking Sick Leave

1. An employee is required to send his medica! report or certificate to his immediate supervisor who is expected to forward it for the attention of the approving authority.
2. The Head of Agency or Institution is required to notify the approving authority when an employee remains on Sick Leave for more than one year.

18.8 Study Leave With or Without Pay

18.8.1 Study Leave With Pay

As far as practicable, the employer shall consider the grant of Study Leave to employees depending on the nec<ls of the Service. The grant of Study Leave shall be equitably distribute<l to benefit as many employees as possible.

To qualify for study Leave whh pay, the employee shall satisfy the following requirements

1. the employee must have served for a minimum of three (3) years. However, employees werking in deprived or underserved areas may be eligible for Study Leave With Pay after a minimum of two (2) years continuous service in such locations;
2. An employee opting for programmes in deprived specialties shall serve for two (2) years on first appointment to qualify
3. For other specialties, employees will have to serve three (3) years to be eligible for study leave;
4. the employee should not have been alleged to have committed a major offence wbich is under investigation;
5. the employee should not be serving a bond. However, an employee under a bond may be granted a waiver by the Ministry or Agency if the expertise gained from the course is a priority;
6. an employee wishing to pursue a sandwich or part-time programme shall obtain approval after serving fora minimum of three (3) years. Where the employee does not obtain the necessary approval, certificates obtained on completion of the programme'll all not be automatically recognised for promotion, upgrading or conversion.

18.8.2 Study leave Without Pay

An employee may be granted Leave without pay to enable hun take care of event(s) that interfere with his ability to meet his employment responsibilities. The period of absence which is regarded as a temporary break in service shall not count as service with the Agency.

18.8.2.1 Duration for Leave Without Pay & f--Absenee

An employee may be granted leave of absence without pay for a period not exceeding two (2) years. A minimum interval of four (4) years must however elapse before he may be considered again for a similar leave of absence witho'J.t
pay.

18.8.2.2 Eligibility for the Grant of Leave Without Pay

To be eligible for Leave without pay, an employee must satisfy the following requirements

1. three (3)years continuous service after first appointment or re­appointment;
2. the employee's absence does not have an adverse effect on the job;
3. there must be no pending disciplinary action against the employee;
4. the employee must not be indebted to the Government of Ghana; and
5. the employee must not be under any form of bond.

The employee shall vacate his official accommodation yVithin three (3) months of the commencement of the Leave without pay.

18.9 Disembarkation Leave

1. An employee who returns from abroad to resume duty after an approved course of study shall be granted Disembarkation Leave.
2. The employee shall first report for duty and thereafter apply for Disembarkation Leave using the Employee Annual Leave Application Form.
3. An employee shall enjoy disembarkation leave as indicated below
   1. three to six months course - seven (7) werking days
   2. one year and above course -- fourteen (14) werking days

20.1 Training

A health agency or facility shall provide suitable job-related training for all employees where training is expected to enhance job performance.
The Agency or Facility shall consider on merit any request by an employee to attend a course which will improve his performance. The request shall be considered in line with the manpower needs of the Agency or Facility.
Through training programmes, f11ployees shall improve their knowledge and skills and acquire further academie or professional qualifications.

20.2 Training Facilities

The training facilities available to employees shall include the following:

1. Induction and Orientation on first appointment
2. In-service trammg as a general means for ensuring and advancing general efficiency through job specific knowledge as required under the Labour law
3. Attendance at conferences and seminars
4. Management or other professional training courses both local and foreign

20.3 Cost of Training

1. Where training of an employee is relevant to the job and the training request is at the instance of the Employer, the Employer shall be responsible for the full cost of the training, subject to availability of funds.
2. The time spent in training shall be treated as paid work hours.
3. Where an employee enrolls in a training programme by himself, the Employer shall not be responsible for any associated cost.
4. Where training is being undertaken in a local institution, management shall give time off where nccessary to enable employee attend the program if the perrnission will not interfere with the smooth running of the facility.
5. An employee sponsored by the Employer to pursue a training course shall be bonded in line with the Study Leave Policy.

20.4 Application of Skills

1. An employee who returns from training must submit a training report which details the skills acquired, how these skills could be applied on the job and indicate how the Employer can facilitate the smooth transfer of the skills to the work situation.
2. The Employer shall provide an appropriate enabling environment for an employee who returns from training to apply bis newly acquired skills.

20.5 Career Development

1. The Ernployer shall recognise the importance of the professional growth of the employee because it carries with it the benefits of improved performance and professional networking.
2. The selection of professional development programmes shall be aligned to the overall goal of the Agency or Facility and the individual development goal of the employee identified through performance reviews and career development plans.
3. Additional qualification obtained by the employee shall be recognised by the employer for the purpose of appointment and progression in line with the Agency or Facfuty Study Leave Policy.

ARTICLE 21 - HEALTH, SAFETY AND WELLBEING

A health agency or facility shall place emphasis on the health, safety and wellbeing of its employees at all times. To this end, the Agency or Facility shall provide in writing Health and Safety Regulations and these shall be reviewed periodically.

21.1.1 Foreign Medical Services

An employee shall be provided foreign medical services for ailments that can.not be treated locally subject to laid down Government Guidelines.

21.1.3 Refund of Medical Bills

1. The management of health Agencies or Facilities and the Union shall develop guidelines for the refund of medical bills to employees.
2. Management shall disseminate and circulate the Guidelines to employees.

An employee incapacitated by disease or injury in the course of employrnent shall be compensated in accordance with the Workmen's Compensation Act, 1987 (PNDCL 187) and the Labour Act, 2003 (Act 651).
The employer shall pay expenses in respect of the disease or injury.
1. An employee who is unable to report for duty because of injury sustained at work shall be granted full payment of salary during the period nece sary for recovery as certifi d by an accredited Medica! Officer.
2. Where total disability or incapacitation results! the case shall be examined by a Medica} Board which shall make recommendation to the Council or Board of the health Agency or Facility.

21.2.4 Employee to Comply with Safety Regulations

An employee shall comply with all health and safety regulations at the workplace.

21.2.5 Occupational Health and Safety Committee

Occupational Health, Safety and Environment Committees made up of Employer and Union representatives shall be established in all health agencies and facilities. The Committee shall operate in accordance with the policy and procedures in addition to the following safety conditions

the employer shall ensure that every employee works under satisfactory, safe and healthy conditions;
the employer shall provide and maintain at the workplace, plant and systems that are safe and with minimal risks to the health of the employee;
the employer shall supply and maintain at no cost to the employee adequate safety ppliances, suitable fire-fighting and personal protective clothing, and train the employee in the use of the appliances or the equipment; and
1. the employer shall provide separate and suitable changing rooms for male and female employees.
2. Health Agencies and Facilities shall be made disability friendly.
   

21. 3 Employees Living with HIV/ AIDS

21.5 Recreational Facilities

The employer may proviae facilities for recreation to promote employee wellbeing.

ARTICLE 22 - CODE OF CONDUCT AND DISCIPLINARY PROCEDURE

By definition, Code of Conduct includes those values and regulations that are fashioned to derive optimum results from the service of the offices of the Ghana Health Service. It is very necessail' to regulate the conduct of employee who implements the health needs of the citizenry. However the code should not be seen as catalogue of offences and penalties but rather as an assurance for effective performance. All employees covered by this agreement shall be subjected to the Code of Conduct and disciplinary procedures established by their respective Agencics and Facilities.

ARTICLE 23 - LEAVING THE SERVICE

23.1 Resignation

1. An employee may resign from a health agency or facility after serving or redeeming his bond, meeting all financial obligations to the Agency or Facility, and giving one (1} month notice or one (1) month basic salary in lieu of notice.
2. The appropriate appointing authority shall grant the resignation.
3. The employee is required to wait until approval is conveyed to him before proceeding on the resignation.
4. An employee who leaves employment before obtaining approval shall be considered to have vacated his post.
5. Where the employer fails to respond within one (1) month, the employee shall have the right to leave the employment and be considered as having resigned.
6. An employee who resigns from an agency or facility and later returns for re-engagement may be considered based on the availability of vacancy. Placement shall be based on bis current qualification and experience.
7. An employee who realigns his appointment shall return all property in bis possession to the appropriate a:.H11ority of the health Agency or Facility ithin forty-eight (48} hours before the expiry of the notice period.

23.2 Dismissal

Dismissal of an employee sball be effected where the grounds for the dismissal have been properly established by a well constituted Disciplinary Committee in accordance with the Code of Conduct and Disciplinary Procedures of the Agency or Facility.

23.3 Vacation of Post

1. An employee who absents himself from duty for ten (10) continuous ______ working days without reasonable cause shall be regarded as having vacated his post.
2. The employee shall be notified and given the opportunity within five (5) working days to show reasonable cause why his employment should not be terminated in accordance with due process.
3. A letter of termination shall be written to the employee after all attempts at reaching him at the given address prove futile.

23.4 Compulsory Retirement

An employee shall be required to retire compulsorily from the Service on attaining the statutory retirement age in accordance with Article 199 of the 1992 Constitution of Ghana.

23.5 Voluntary Retirement

An employee may retire voluntarily any time after the statutory age of forty- five (45) years in accordance with Article 199 (2) of the 1992 Constitution. However, the employee shall give three (3) months notice to the employer.

23.6 Retirement on Medical Grounds

An employee may be retired on medical grounds on the recommendation of a certified Medical Board. The retired employee shall enjoy all retirement benefits accruing to him in line with the National Pensions Act, 2008 (Act 766) and any other enactment thereto.

23.7 Termination of Appointment

1. An employee on probation rnay have his appointment terminated at the instance of the Agency or Facility if he fails to meet the conditions goveming bis appointment as indicated in his letter of appointment and job description.
At the expiration of a contract or temporary engagement of an employee, his services shall be considered terminated unless his appointment is renewed.
The employer may terminate the appointment of an employee by giving him one (1) month basic salary in lieu of notice in line with Section 17 of the Labour Act, 2003 (Act 651).

23.9 Certificate of Service

An employee on leaving a h<"9Jth Agency or Facility shall be given end of service recognition including a certificate ind:cating his service record, disengagement statu and cor1mendations, if any.

23.10 Death in Active Service

In the event of an employee dying in active service

1. the spouse and children of the deceased employee shall be permitted to live in the accommodation provided by the Agency or Facility which the deceased was occupying at the time of his death for a maximum period of six (6) months from the date of death of the employee.
2. The payment of salaries and other emoluments due to the employee shall cease at the end of the month in which the employee <lied.
3. All accrued benefits due the deceased employee shall be paid to his named beneficiarJ.

ARTICLE 24 - FACILITIES TO BE ACCORDED TO EMPLOYEE'S ORGANIZATION:

1. Facilities shall be accorrled to the representatives or recognised Employees' organizations as may be appropriate in order to enable them carry out their functions promptiy ar.:.d work efficiently both during and outside their hours of work.
2. The nature and scope of these facilities shall be determined by the Service in consultation with the Health Services Workers' Union (HSWU).
3. Administrative instructions shall be issued from time to time by the health Agency or Facility for the effectivc implementation of this collective agreement when the need arises.
4. These instructions shall not run counter to any of the provisions of this agreement.

ARTICLE 25 - SIGNATORIES

This document shall remain the terms of Contract of Engagement between the Health Agencies and Facilities under the Ministry of Health on the one hand and the Health Services Workers' Union (HSWU) of the Trades Union Congress (TUC) (Ghana) represented by her authorised Assignee on the other hand.

Dated in Accra on this 11th day of December, 2015.

Signed for and on behalf of Government and HSWU of TUC (Ghana) by:

Minister of Health

_____________________________

National Chairman - Health Services Werkers' Union of TUC (Ghana)

_____________________________

Minister of Employment and Labour Relations

_____________________________

General Secretary - Health Services Werkers' Union of TUC (Ghana)

_____________________________

Chief Executive - Fair Wages and Salaries Commission

_____________________________

Deputy General Secretary - Health Services Werkers' Union of TUC (Ghana)

_____________________________