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COLLECTIVE AGREEMENT BETWEEN POLYTEX INDUSTRIES LIMITED AND THE INDUSTRIAL AND COMMERCIAL WORKERS UNION (GHANA)

JANUARY 2011 - DECEMBER, 2012

This agreement is made this day of 1 January 2011 between POLYTEX INDUSTRIES LIMITED, (hereinafter called Employer) and the INDUSTRIAL AND COMMERCIAL WORKERS UNION (hereinafter called the Union) officially recognized and certified under the Labour Act 2003 (Act 651).

The terms and conditions hereby agreed upon will be effective from 1st JANUARY, 2011, for those employees in the service of the Employer at the time of concluding and signing this Agreement. It will also apply equally to employees who are engaged by the Employer while this Agreement is in force.

ARTICLE 1-PURPOSE

1. It is intention of the parties that this agreement will promote and improve relations between the Employer and the Union and to set forth herein a basic Agreement covering rates of pay, hours of work and other conditions of employment and / or non-employment to be observed between the parties hereto during the life of this Agreement.

2. It is also agreed that should any disagreement arise between Employer and the Union, the parties will immediately take steps to settle such disagreement as provided for under the Labour Art 2003 (Act 651)

ARTICLE 2 - DURATION

a. This Agreement will remain in force for a period of two (2) years from the effective date. At anytime after Twenty-two (22) months either party to this Agreement may give the other one (1) month's notice in writing expressing its wish for this Agreement to continue for a further period to be agreed between the parties at the time, or its intention to terminate this Agreement. In the latter event both parties will enter into negotiation on the term and conditions of a new agreement. Until a new agreement is signed the existing agreement will continue in force.

b. Notwithstnnding the provisions of Article 2(a), after eleven (11) months from the commencement of this Agreement the wages/salaries granted in this Agreement shall be reviewed without worsening the existing wages/salaries of the employees of the company.

This shall take effect from 1st January.

ARTICLE 3 - CONDITIONS OF ENGAGEMENT

i. On the appointment of any employee covered by this Agreement, the company shall furnish him with copy of this Agreement together with any appendices for his/her retention.

ii. The company shall give the newly engaged employee a letter of appointment stating.

- Salary cale/Point of Entry -Probation Period -Job Description

Department/Section to be assigned

Overtime rates shall be as follows:

Working Days: Monday - Friday: Time and a Half (11/2)

Saturdays / Sunday and Public Holidays: Double (2)

ii. Night watchmen shall be paid Double Time on Statutory Public holidays.

iii. Interrupted overtime due to no cause of the worker shall be paid as follows:

a. For no work: GH cedis 2.00

b. For any uncompleted period of work: GH cedis: 0.25 per hour for the rest of hours not worked for.

ARTICLE 5 - PROMOTION

All vacancies shall be filled strictly and as far as possible from within the company by eligible serving staff. Notice for all vacancies shall be pasted on the notice board for all qualified employees to apply.

ARTICLE 6 -TRAINING WITHIN INDUSTRY

(a) The Employer undertakes to provide reasonable facilities for the training of employees, including apprentices, where such means will enable the employees to secure competence in the performance of their duties and fit them for promotion within the establishment.

(b) Where the employee is required by the employer to take a course at a recognized Education Establishment which requires time off with pay, the employer shall afford the employee such time off with pay, and the Employer shall undertake to bear the cost of such course.

c) Due notice shall be taken of any employee's request to attend such a course which will render the application more competent in the performance of his duties within the organizaton.

(d) Employees on self studies or course shall not be covered by this clause but shall enjoy study leave without pay.

(e) Employees on training course in the name of the company shall be bonded to serve the company for at least two years after training.

(f) The Company undertakes to pay the total cost of examination and course fees of employees under training provided the training will facilitate the efficient performance of the official duties or profession of the company.

ARTICLE 7- STUDY LEAVE

a. The Employer shall co-operate with the union in granting study leave with pay to employees granted scholarship by the union. But in no case shall it exceed three (3) months. In this case Article 6(d) shall not apply.

b. In accordance with the National Vocational Training Act. 1970 (Act 351) and National Vocation Board (Apprenticeship Training) Regulation, E. 1.5; the Employer shall introduce apprenticeship scheme when there is a technical business attached to the establishment.

Every employee covered by this Agreement shall be deemed to be member of the Union and shall pay Union dues and others levied against all members of the Union. For the purpose of this Agreement, the Employer recognizes the Industrial and Commercial Workers Union (Ghana), as the sole Union responsible for the Collective Bargaining for the employees in the employment of the company.

ARTICLE 13 - NOTICE BOARD & OFFICE

The company will provide an office and notice board for the Union at suitable places on its premises for dissemination of information and education of Union members.

ARTICLE 14 - LEAVE OF ABSENCE FOR UNION ACTIVITY

An employee elected as a delegate to any union activity necessitating leave of absence shall be granted such leave with pay. Written notice for such leave indicating the length of leave shall be given to the company in advance, as far as possible, but not later than 48 hours prior to the date such leave becomes effective. The length of leave and its frequency in the year shall be determined on the merit of individual cases.

ARTICLE 15- SHOP STEWARD

(i) Both Union and Management recognize the exigencies of a shop steward as the official representative of the Union.

(ii) The shop steward may intercede in matters affecting the well-being of the staff during normal working hours with the consent of the Head of Department or Section.

(iii) For the purpose of this section, the shop steward may be any Union Executive.

ARTICLE 16 - MEDICAL FACILITIES

(a) The Employer shall provide free medical attention for the employee at the Employer's Clinic. However, in emergency cases where it might not be possible for the employee to attend the Employer's Clinic, he may be treated at any Government Hospital/Polyclinic.

(b) In view of the National Health Insurance Scheme, management shall endeavour to register all staff and registered family to enable them benefit from the scheme. Until then both the scheme and the current medical facilities of the company shall run side by side. Any family of an employee who do not register with the Scheme shall not benefit from the company's medical facilities.

(c) The provision of denture, spectacles, surgical operation, and treatment of venereal disease are excluded from (a) above, except where the worker sustained the injury or contracted the disease in course of his work, the Employer shall bear the cost of treatment of such ailments including provision of transport.

(a) The employer shall assist the employee by paying 50% or GH Cedis 25.00 for the cost of the lens for spectacles which ever is lower should the need arise.

(b) The employer shall provide free medical treatment to employee's family of one wife and three children up to the stage of 18 years registered with the company. The total value of such facility shall not exceed GH cedis 110.00 per annum.

ARTICLE 17 - INDUSTRIAL INJURY / DISEASE

a. All workers covered by this Agreement shall be covered by the workman's Compensation Law, 1987. This sentence covered cases of injuries, death resulting from accidents arising out of and in the course of employment and industrial diseases contracted from work.

b. As far as possible, the employment of the workman who becomes disabled as a result of accident arising out of and in the course of employment shall be governed by provision of the Labour Regulation 1969 (L.1.632).

All injuries must be immediately reported to the Management.

ARTICLE 18-MATERNITY LEAVE

A female employee will be entitled to maternity leave after 12 months continuous service with the

employer in accordance with the Labour Act 2003 (Act 651). This will be granted in accordance

with the following provisions.

1. Six (6) weeks before and six (6) weeks after the confinement.

2. Her accrued annual leave to be taken after the expiry of her maternity leave.

3. Maternity leave shall not affect entitlement of the employee; however application for such leave must be supported by a certificate from a registered medical practitioner or midwife.

4. On return to duty, a nursing mother shall be granted 2 hours per day for the purpose of nursing her child up to the time the child will be one year old.

5. If a post-natal illness extends beyond the normal maternity leave period, the employee shall submit a medical report and leave shall apply.

ARTICLE 19-SICK LEAVE

(1) An employee who is absent from work due to sickness shall be granted sick leave as follows, provided such absence is covered by a Medical Certificate signed by a registered Medical Practitioner.

(a) (a) From 12 months but less than 3 years:

-Full Pay................................2 and 1/2 months

-3/4 pay................................2 and 1/2 months

-1/2 pay...............................2 and 1/2 months

(b) From 3 years and above:

-Full Pay ...............................3 months

-3/4 pay .................................3 months

-1/2 pay..................................3 months

(2) Any employee found working for pay whilst on sick leave will be subject to summary dismissal.

(3) The employee may take any vacation due to him after he/she has enjoyed his/her sick leave.

(4) Application for sick leave shall be accompanied by a medical certificate from the company's Doctor or any registered Medical Practitioner. Also applicable for extension of sick leave shall be similarly supported.

ARTICLE 20 - PERIODIC MEDICAL CHECK-UP

The Employer agrees in consultation with the Industrial Physician and the Union to indicate areas of employment whose employees shall undergo periodic medical check-up.

ARTICLE 21-DISCIPLINE

(a) SUMMAPY DISMISSAL

i.In the event of an employee being found guilty of serious misconduct such as dishonesty, stealing, insubordination, assault, drunkenness, dereliction of duty, smoking in prohibited areas, he shall be summarily dismissed. The Employer agrees to involve the Union in any disciplinary measures taken. Alterative penalties such as suspension without pay for a period of not exceeding 4 weeks may be considered.

ii.Reduction in rank to a lower grade with corresponding reduction in salary accordingly may be considered in place of summary dismissal.

(b) WARNING

i. Where an employee commits an offence, which does not amount to serious misconduct, such employee will be warned in writing. If after three (3) such warnings a fourth (4th) offence is committed by the employee, his service shall be terminated. Any warning letter ceases to have effect after 12 months from the date of issue.

ii. Before a written warning is given, a discussion will be held with the employee in the presence of a Union representative, or a written query shall be given to the employee to answer with 48 hours. If no satisfactory answer is given, the employee shall be given a written warning.

(c) SUSPENSION

Where an employee is suspected of committing an office, which cannot immediately be proven, he shall be suspended on half pay pending further investigation. If at the end of the investigation he is proven not guilty, he will be informed to resume to work and the rest of his salary would be paid to him immediately.

ARTICLE 22 - NIGHT ALLOWANCE

Employees required to work on night shift between 10:00pm and 6:00am fixed by the Employer shall be paid flat allowance of GH Cedis 1.00 per shift. This article shall not apply to task workers or domestic workers in private homes and night watchmen.

ARTICLE 23 - REDUNDANCY

a. Where for one reason or the other, the Employer is compelled to declare any number of employes redundant, the Employer shall give the Union three months notice in advance of the final action being taken.

b. Selection of employees to be declared redundant shall be determined on the basis of "first in last out" all things being equal. Should the Employer find it necessary to fill vacancies in particular grades within three (3) months of the exercise, the Employer shall first consider the redundant employees in filing the vacancies.

REDUNDANCY

As and when it becomes necessary for the redundancy exercise to be carried out, Management and Union will meet to determine the rate of Redundancy pay to be given to the affected employees in accordance wilt the Labour Act 2003 (Act 651).

ARTICLE 24- ABSENCE FROM DUTY

i. Absence from duty without reasonable cause is an offence. No employee should absent himself from duty without having first obtained permission from Management or the Section Head.

ii. An employee who absents himself from duty without reasonable explanation will be warned and shall the wage for the period of absence.

iii. An employee who absents himself for FIVE (5) consecutive workings days without any good reason shall he regarded as having vacated his post without notice.

iv. An employee shall be dismissed after due warnings for habitually absenting himself from work out permission.

v. An employee who absents himself from duty on ground of ill-health without being certified by the medical Doctor or a registered Medical Practitioner to be unfit for duty is absent without permission.

ARTICLE 25 - PROTECTIVE CLOTHING

1. The Employer shall provide protective clothing to be worn by employees in the interest of the business. Such clothes shall be maintained by the Employer and would be worn by employees during hours of work.

2. The Emrvoyer will provide protective clothing of 2 Industrial Singlets, 2 Trousers and 2 Overcomes; (lsl Allocation in March, and 2nd Allocation in September), a pair of boots, where applicable and four (4) cakes of soap for laundry per month for every employee, covered by this Agreement.

ARTICLE 26 - RECREATIONAL FACILITIES

The Employer, in consultation with the Local Union undertakes to encourage sporting and other recreational activities in the general interest of the employees.

ARTICLE 27- CANTEEN FACILITIES

The Employer shall provide suitable canteen facilities where possible for the employees in consultation with the Local Union.

ARTICLE 28 - INDIVIDUAL CONTRACT

No employee covered by the Agreement shall be compelled or allowed to enter into a contract or agreement with the Company concerning the conditions of employment or shall be allowed to be bonded in any sum to any party without prior approval by the Union.

ARTICLE 29 - FUNERAL GRANT

1. On the death of a serving employee, the Employer shall donate an all-inclusive amount of GH Cedis 400 to the wife and children or the next of kin last nominated by the deceased employee.

2. In case of the death of registered wife, husband or child of an employee, the Company shall donate in each case to the bereaved employee an all-inclusive amount of GH Cedis 250.

ARTICLE 30-NEXT OF KIN

Every employee will give his employer at the time of his engagement the name and address of the nominee whom he wishes to receive any entitlements due from the employer to his estate in the event of his death. This can be revoked, renewed, revised at the discretion of the employee. In the event of death of an employee, the Employer shall give to the beneficiary last nominated by the deceased employee any benefits/rights that may have accrued to the deceased.

ARTICLE 31- ABSENCE DURING WORKING HOURS

1. An employee who leaves his/her place of work shall ask permission from his/her immediate superior officer. An employee who leaves his/her place of work without permission will be committing an offence and a warning letter shall be issued to him and recorded on his history sheet on the first instance. On subsequent occasions, appropriate disciplinary action will be taken against the employee.

2. Every employee undertakes to perform his duties as a worker in he Employer's services in such capacity and at such places as he may from time to time be directed by the employer.

3. Every employee shall:

i. Do his job with the greatest possible efficiency, care and attention at such time and places as directed and subject to conditions as laid down in this Agreement.

ii. Behave properly and maintain exemplary standard of conduct.

iii. Refrain from any action that may endanger his own safety and the safety of his workmates or other people.

ARTICLE 32 - TOOLS ALLOWANCE

The employer undertakes to provide own tools.

ARTICLE 33 - RETIREMENT

1. An employee who reaches the age of superannuation as follows shall retire or be retire:

Voluntary-

Male- 55 years

Female - 55 years

Compulsory-

Male- 60 years

Female - 60 years

2. Any employee leaving the company on voluntary or compulsory retirement shall receive all benefits due him/her in accordance with this Agreement.

3. Three months notice shall however be given by either side in case of voluntary or compulsory retirement.

4. In appreciation of his/her long services with the company, the Employer shall honour the retiree with parting gift at the discretion of Management.

ARTICLE 34 - GRIEVANCE PROCEDURE

Step 1: In the event of any complaint of grievances, the employee will take the matter up with his supervisors with or without the shop steward.

Step 2: If the matter remains unresolved, the Local Union Executives will take the matter up with the Departmental Head and his/her designated representative.

Step 3: If the matter still remains resolved, the Local Union Secretary or Chairman shall take up the matter with the Personnel Manager who will arrange and chair a meeting between the Local Union and Sectional/Department Manager involved.

Step 4: If the matter is still unresolved, the Local Union shall report to the Regional Industrial Relations Officer who will in turn file a written grievance with the Personnel Manager of the Company.

Step 5: If after step 4 the matter still remains unresolved, the Union will summon the Standing Joint Negotiating Committee to meet and endeavour to reach agreement.

Step 6: If the parties fail to reach agreement after step 5, the dispute will be referred to the National Labour Commission in accordance with the Labour Act 2003 (Act 651).

An employee who has been warned or suspended by the Employer and who feels that the disciplinary action so taken is not proper under the circumstances may file a grievance under this Article. 

(a) In the case of permanent transfer, an employee shall as far as possible be notified in writing 30 days before the date of departure to the new station or payment in lieu thereof.

(b) If the transfer is not expected to last more than 3 months, the Employee will be paid an outstation allowance as specified in Articles 9.

(c) Where the transfer is expected to last more than 3 months, the Employer will pay the cost of transfer of the employee, his wife and children under 18 years, a servant and their personal effects.

(d) Where the employee is permanently transferred for a period exceeding 3 months, the Employer will pay him a disturbance allowance of GH Cedis 30.00 in addition to (c) above.

ARTICLE 36 - ACTING ALLOWANCE

(a) Any employee covered by this Agreement who is required to carry out for not less than two weeks the duties of a post superior to the grade in which he is normally employed will be paid acting allowance equivalent to the difference between the employee's current salary and the minimum salary of the grade in which he is acting or 30% of the employee's salary whichever is higher.

(b) No employee will be required to act continuously in a vacant position for a period exceeding 8 months. At the end of this period, the employee shall be deemed to have been confirmed in that position.

ARTICLE 37 - HEAT ALLOWANCE

(a) The employer shall ensure that all occupational hazards are either eliminated or reduced to the bearest minimum at the workplace. Heat allowance shall be paid to employees who work permanently at heat generated areas of the production floor.

(b) The rate of the allowance shall be GH Cedis 0.10 per day.

ARTICLE 38 - CALL-IN ALLOWANCE

An employee whose off-duty period is disturbed by being called to duty shall be paid a Call-in

allowance of GH cedis 3.50 for each call, in addition to the normal overtime payment due to him.

ARTICLE 39 - LONG SERVICE AWARD

a.An employee who has served the employer for a long period shall receive the awards for the period stated below:

One 20" Colour Television plus framed certificate One Deep Freezer plus framed certificate A set of living room furniture and a framed certificate

b.The employer shall endeavour to provide transportation to convey award winners and awards to their respective destinations within 30km from the factory.

ARTICLE 40 - RESIGNATION / TERMINATION

(a)Where it becomes necessary for the Employer to terminate the services of an employee; or where an employee wishes to resign, either party shall give 2 weeks notice or payment in lieu thereof to the other, where the employee has below 3 years service or 1 month's notice or payment in lieu thereof if the service is 3 years and above.

(b)When an employee resigns or is terminated from service of the Company he shall be entitled !o annual leave in proportion to the period of service in the calendar year.

(c) On resignation, an employee who has given the notice as required in (a) above shall be entitled to the following:

1-3 Years Service-Nil

4-6 Years Service-11/2 months pay

7 - 9 Years Service-3 months pay

Above 9 years service-4 months pay

(d)On termination, an employee who has been terminated by the employer shall be entitled to

the following:

0- 3 Years Service- 134 months pay

4-6 Years Service- 3 months pay

7-9 Years Service- 3 34 months pay

Above 9 years service- 4 months pay

ARTICLE 41 - FRUSTRATED WORK

When an employee reports for duty on his normal working days and due to no fault of the employee he is ordered to leave or stop work by the Employer or any person in the authority of the employer before the employee can complete the day's full hours work, he shall receive the full pay for that day.

ARTICLE 42 - LEGAL ASSISTANCE FOR DRIVERS

In the event of court proceeding being taken against a Driver involved in any motor offence while driving the em vehicle in the course of duties, the Employer's Insurance Company will provide Legal counsel for defence. The Employer shall pay fines on behalf of the Driver, provided that the Driver has not committed breach of traffic Regulations. In event of accident, the Driver shall comply with all procedures required by the employer's Insurers.

ARTICLE 43 - INCENTIVE BONUS

In an endeavour to raise productivity, the Employer may institute the following incentives to cover all classes of employees, covered by this Agreement.

© Medical Incentive ® Production Incentive e Commitment Incentive This will take the form of cash to be instituted by Management in consultation with the Union.

All relevant information would be proposed by management for discussions by both parties to ensure a smooth take off of the scheme.

ARTICLE 51 - RESPONSIBILITIES OF PARTIES TO THE AGREEMENT

a. Both parties agree that this Agreement imposes serious duties and responsibilities on the Union as well as the Employer.

b. Nothing in this Agreement will worsen any individual existing conditions of services.

SIGNED FOR AND ON BEHALF OF POLYTEX INDRUSTRIES LTD

Dr. Tao Asamoa

Director

SIGNED FOR AND ON BEHALF OF INDUSTRIAL AND COMMERCIAL WORKERS UNION

Samuel N. K. Ako

Industrial Relations Officer

Emmanuel Tamakloe

Union Chairman

Nii Addotei Allotey

Union Secretary

Polytex Industries Limited - 2011

Start date: → 2011-01-01
End date: → 2012-12-31
Ratified by: → Ministry
Ratified on: → 2011-01-01
Name industry: → Manufacturing
Public/private sector: → In the private sector
Concluded by:
Name company: → Polytex Industries Limited
Names trade unions: → Industrial and Commercial Workers Union (ICU)

TRAINING

Training programmes: → Yes
Apprenticeships: → Yes
Employer contributes to training fund for employees: → Yes

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 88 %
Maximum days for paid sickness leave: → 274 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → 
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 12 weeks
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: → 
Workplace risk assessment on the safety and health of pregnant or nursing women: → 
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → 
Time off for prenatal medical examinations: → 
Prohibition of screening for pregnancy before regularising non-standard workers: → 
Prohibition of screening for pregnancy before promotion: → 
Facilities for nursing mothers: → Yes
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → No

GENDER EQUALITY ISSUES

Equal pay for work of equal value: → No
Discrimination at work clauses: → No
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

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 days per week: → 5.0
Rest period of at least one day per week agreed: → Yes
Provisions on flexible work arrangements: → 

WAGES

Wages determined by means of pay scales: → No
Adjustment for rising costs of living: → 0

Premium for evening or night work

Premium for evening or night work: → GHS 1.0 per month
Premium for night work only: → Yes

Payment for standby work

Payment for standby work: → GHS 3.5
Payment for standby work Sundays only: → No
Payment for standby work all days per week: → Yes

Premium for overtime work

Premium for overtime work: → 150 % of basic wage

Premium for Sunday work

Premium for Sunday work: → 100 %

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → 
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