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COLLECTIVE AGREEMENT BETWEEN PROMASIDOR GHANA LIMITED AND THE INDUSTRIAL AND COMMERCIAL WORKERS’ UNION (ICU) GHANA

PREAMBLE

This Agreement made this 2014 between Promasidor Ghana Limited (hereinafter referred to as the Employer) and the Industrial and Commercial Workers’ Union

(ICU), Ghana (hereinafter called the Union) officially certified under Section 99 of the Labour Act, 2003 (Act 651) as a negotiating body, to provide for the terms and conditions of employment and non-employment and conditions of labour which shall apply to categories of employees of the Company for whom the Union has been certified to negotiate.

ARTICLE 1 - EFFECT OF THE COLLECTIVE AGREEMENT

The provisions of Section 105 of the Labour Act, 2003 (Act 651) shall apply.

ARTICLE 2 - PURPOSE

(a) Whereas it is the intention of the parties hereto that this Agreement will promote and improve relations between the Employer and the Union as well as the economy of the country and to set forth herein the Agreement covering rates of pay, hours of work and other conditions of employment and or non-employment thereby observed between the parties hereto during the life of this Agreement.

(b) It is also agreed that should any disagreements arise between the Employer and the Union; both parties will take steps to settle such disagreements in accordance with the procedures laid down in this agreement.

ARTICLE 3 - DEFINITIONS

In this agreement, unless specifically stipulated otherwise:

(a) The term ‘employee’ shall apply to salaried staff covered by this agreement.

(b) The term ‘working days’ shall exclude Saturdays, Sundays and statutory public holidays and off days.

(c) The term ‘family’ means an employee, his spouse, children and parents registered with the company.

(d) The term ‘Employer’ means Promasidor Ghana Limited.

(e) The term ‘Managing Director’ means the Manager who has overall responsibility for the Company or any management personnel delegated to act for him/her.

(f) The term ‘Local Union’ refers to the employees union of Promasidor Ghana Limited.

(g) The term ‘Union’ refers to the Industrial and Commercial Workers’ Union (ICU) Ghana.

(h) ‘Salary’ refers to employee’s basic salary.

(i) Head of Department’ refers to a Manager in charge of a Department.

(j) The masculine pronoun shall apply to the feminine unless otherwise stated.

ARTICLE 4 - DURATION

(a) The duration of this Agreement shall be for a period of two (2) years with effect from the 1st August 2014.

(b) The rate of pay shall be negotiated yearly with salary increases taking effect from 1st January, every year.

(c) At anytime within twenty-eight (28) days to the expiration of this Agreement, either party may give notice in writing expressing its wish for this Agreement to continue in force for a further period to be agreed upon between the parties or express its intention to amend this Agreement provided that in the absence of any such notice, thirty (30) days after its expiration, this Agreement shall continue in force until rescinded by the parties.

ARTICLE 5 - ENGAGEMENT

(a) All newly engaged employees covered by this Agreement shall be given letters of appointment indicating:

(i) Salary point

(ii) Salary scale

(iii) Effective date

(iv) Department assigned

(v) Job title

(vi) Probation period

(vii) Leave entitlement

(viii) Social Security/Provident Fund deductions

(ix) Hours of work

(b) Further, the major duties of the position will be discussed with the new employee.

(c) A copy of this Agreement will be made available by management to all employees covered under this Agreement.

(d) Personal Data/History

(i) The Company may request employees to furnish the Company with their personal history indicating names and ages of members of employee’s family marital status, educational background, qualifications, and skills.

(ii) The employee shall promptly notify the Company of any change in any of the particulars he has furnished under this article.

ARTICLE 6 - PROBATION

(a) Every new employee shall from the date of appointment serve probation for three (3) months for an experienced employee and six (6) months for the inexperienced employee at the end of which the employee’s appointment shall either be confirmed or terminated in writing.

(b) If the Company is not satisfied with a probationer’s performance, he shall be informed in writing of this shortcomings and his probationary period may be extended for a further three (3) months for inexperienced staff and one (1) month for an experienced employee. The employee’s appointment may be terminated if his performance proves unsatisfactory after the extension of the probationary period.

(c) Unless otherwise stated an employee who has completed his probationary period shall be deemed to have been confirmed.

ARTICLE 7 - WORKING HOURS

(a) The standard working hours for basic pay shall be 40 hours per week of five (5) consecutive days and eight (8) hours per day.

(b) The hours of work will be regulated by the employer in accordance with the exigencies of the service provided that a total number of hours worked for basic pay does not exceed the standard working hours as laid down in (a) above.

(c) The hours of work for an employee on shift who by the nature of the operations is made to cut one shift system and run another without going off duty shall not exceed the standard working hours indicated in (a) above.

(d) Hours of work include thirty (30) minutes break for shift workers. However, straight day workers shall work from 8.00 a.m. to 5.00 p.m. with an hour break. Employees shall be at their posts in uniform at the specified working times.

(e) Employees will use the time registration unit each time they enter or leave the premises when requested by their departments.

ARTICLE 8 - OVERTIME

(a) Employees who are requested by the Employer or his representatives to work in excess of the normal working hours per day shall be paid overtime for work so performed. Except at his own request, no employee shall be given ‘’time-off “ to offset overtime entitlements.

(b) In no event will an employee be held over for more than eight (8) hours beyond his normal shift.

(c) (i) Overtime rates

Working days 150% of hourly basic pay for each hour of service.
Rest Days 200% of hourly basic pay for each hour of service.

(d) Overtime shall be calculated daily on half hourly periods, i.e. less than half an hour shall be counted as half hour and periods over half an hour shall be counted as full hour.

(e) Overtime shall not be compulsory. However employees should be willing to work a reasonable amount of overtime when required by management.

ARTICLE 9 - SHIFT ALLOWANCE

(a) Employees who are required to work during the morning and afternoon shift shall receive a shift allowance of fifteen percent (15%) of hourly basic salary.

(b) Night Allowance

Employees working on night shift shall be entitled to 30 % of their hourly basic salary per night.

c) Inconvenience allowance

An inconvenience allowance of ten percent (10%) of the employee‘s basic hourly rate salary shall be paid to the employee who, owing to the exigencies of the service may be required to operate 4-Crew 3-Shift system and any other shift that may be introduced in consultation with the union. Such payment shall be quite distinct from payment of overtime worked which shall be calculated under the provisions of Article 8 (c) (i) above.

ARTICLE 10 - PUBLIC HOLIDAY

(a) Public holidays recognised by the employer shall be those declared by the government from time to time.

(b) Each employee is entitled to full payment for any day declared as holiday.

(c) (i) All employees who perform normal duties on a declared holiday due to the exigencies of the service, shall be paid overtime calculated at 200% of hourly basic pay for each hour of service.

(ii) Where an employee’s off day falls on a public holiday the employee shall be given one (1) extra day off.

(iii) Where the employee happens to work on the one extra day off given, it shall be regarded as overtime.

ARTICLE 11 - SALARY ADVANCE/LOANS

(a) Salary advance

At the discretion of the Employer, a salary advance not exceeding one-third of an employee’s monthly salary may be granted at his written request in time of need to be deducted in whole at the end of the month during which it is granted.

(b) Loans

At the written request of an employee, the employer at his discretion may grant loan of 30% of an employee’s net salary for a maximum of 12 months per the company’s policy.

ARTICLE 12 - LEAVING THE SERVICE OF THE EMPLOYER

(a) Termination/Resignation

(i) Notice of termination or resignation of employment shall be two (2) weeks or payment in lieu thereof by either side in the case of an employee under three years’ service. Where the employee has been in the continuous employment of the employer for three (3) years or more, the period of notice shall be one (1) month or payment in lieu thereof.

(ii) When an employee resigns or is terminated from service of the Company he/she shall be entitled to annual leave in proportion to the period of service in the calendar year, and other earned entitlements.

(iii) An employee who exits from the Company by resignation or termination shall be entitled to both account A and B of the Provident Fund.

ARTICLE 13 - REDUNDANCY

(a)Where for one reason or another the Employer is compelled to declare any number of employees redundant, the Employer shall give the Union three (3) calendar months notice in advance of final action being taken in accordance with Section 65 of the Labour Act, 2003 (Act 651).

(b) The principle of “first in last out” shall apply.

(c) Should the Employer find it necessary to fill vacancies in particular grades within twenty four months of discharging employees of similar grades on grounds of redundancy, the employer shall consider to fill such vacancies with the redundant employees in accordance with the principle of “last out first in ”

(d) In case where the employer wishes to retain the services of an employee with lesser period of service because of his merit or ability excels those with longer periods of service, the Union shall be informed with a list of the employees involved.

(e) Redundancy Pay

Employees covered in this agreement who are laid off on grounds of redundancy shall be entitled to severance award of two and a half months salary for each year served and prorata for any fraction of year served but the total amount shall not exceed 3 years salary.

(i) In addition they shall be entitled to benefits as under the staff Provident Fund Scheme.

ARTICLE 14 - RETIREMENT

(a) Retirement on Medical Grounds

(i) An employee leaving the employer's service on medical grounds shall on production of a medical certificate from a Medical Doctor and subject to the confirmation by the Company doctor or a certified recognised Medical Practitioner, shall be entitled to superannuation benefits under the Social Security Scheme and benefits under the staff Provident Fund Scheme.

(ii) Any disagreement as to the opinion arising between the Company doctor and another medical practitioner shall be settled by a Medical Board.

(iii) In the event of an employee being invalidated through injury and is payable under the Workmen's Compensation Law 1987 (PNDCL 187) or where in respect of any other injury the employee claims damages under the Common Law or Third Party, he shall be entitled to any benefits under this Article. Employees involved in industrial accidents shall receive full salary payments until termination of employment after due process.

(b) Retirement -Superannuation

(i) There shall be voluntary retirement age at fifty five (55) years and compulsory retirement at sixty (60) years for all unionised staff.

(ii) Employees retiring from the service of the employer shall be entitled to the following benefits:

(c) Voluntary and compulsory retirement

(a) Compensation calculated at 30% of the monthly basic salary times the number of months served after age 55

( b) Benefits under tier 1 and tier 2.

( c) Benefits under the Provident Fund Scheme tier 3.

(d) One (1) full piece of Kente cloth and native sandals.

(e) Hamper of assorted Cowbell products.

Death in Service

In the case of death of a serving employee, the named beneficiaries shall be entitled to the following:

(i) Benefits under pensions Tier 1 and Tier 2.

(ii) Benefits under the staff Provident Fund Scheme Tier 3.

(iii) Twelve months basic salary and twelve months healthcare for the dependants of staff.

Retirees covered by this agreement shall benefit from a RETIREES MEDICARE of six (6) months after retirement to offset any illness incurred whilst in the service of the Company.

ARTICLE 15 - TRANSFER AND TRANSFER ALLOWANCE

(a) The Employer reserves the right to transfer any member of his staff who is covered by this Agreement owing to the exigencies of work from one district to another. Transfer notices should be served to the employee one (1) month before the effective date of departure to the new station. In emergency cases, the worker will comply with transfer instructions of the Employer up to one (1) week.

(b) Temporary Transfer

Where a transfer is not intended to extend beyond three (3) months, the Employee shall be paid an out-of-station allowance in accordance with per diem allowance agreed on in this Agreement.

(c) Permanent Transfer

(i) For permanent transfer from one station to another, the employee will be entitled to transport for himself, family and household effects to the new station by the employer’s transport or at the employer’s expense. The mode of transport and route shall be at the discretion of the employer.

(ii) An employee who is on a permanent transfer shall be provided with accommodation by the Employer for a maximum period of three (3) months, or he shall be paid out-of-station allowance as stipulated under Article 18 (a), in lieu of accommodation up to the three (3) months period.

(d) For the purpose of this Article, an employee’s family shall consist of his spouse, his children under eighteen (18) years of age and a house-help.

(e) Should the employee’s services be terminated, similar transport facilities shall be provided for him and his family back to his original place of employment.

(f) The employee shall be entitled to a transfer allowance of two (2) month’s basic salary. ARTICLE 16 - PROMOTION

(a) As far as possible and depending on suitable candidates being found, all vacancies will be filled by promotion from within.

(b) Promotions to vacancies in a classification of a higher grade shall be based on efficiency on the job, experience, initiative and conduct. All things being equal, length of service will be the deciding factor

(c) Employee will be informed through internal advertisement of vacancies as they occur to enable those in other departments or lower grades with requisite qualification who may wish to be considered to apply.

ARTICLE 17 - ACTING ALLOWANCE

(a) Where an employee performs duties of a post in a higher grade specified in Appendix ‘A’ to this agreement, he shall be paid an acting allowance.

(a) No employee will be eligible for acting allowance unless he has continuously acted in the higher grade for not less than ten (10) working days.

(b) The provisions in (a) and (b) above do not apply to staff on training for future promotion. If after a specified period of training an employee is unable to make the grade, he will be reverted to his former position and be paid the appropriate acting allowance.

(c) Where a junior employee is asked to perform duties of a post held by a senior employee for a period not less than ten days, he shall be paid an acting allowance of 30% of the junior employees basic pay for the period he acted.

(d) Promotion shall be on merit of the employee, but where an employee has acted continuously in a higher vacant position for a period of minimum three months and a maximum of six (6) months, he shall be made the substantive holder of the position.

ARTICLE 18 - OUT-OF-STATION ALLOWANCE (PER DIEM)

(a) Where an employee is required by the nature of his work to spend the night away from his recognised station within the country, he shall be entitled to an out-of-station allowance of twenty three Ghana Cedis (GHc 23.00) per night for meals. The Company shall provide for accommodation Sixty Ghana cedis (GHc 60) to be retired with supported invoice, transport and pay for any incidentals.

(b) Payment of reasonable boarding, lodging and other out-of-pocket expenses connected with the work shall be made to any employee who is required to spend the night away from the country on duty. The necessary foreign exchange shall be obtained (from BANK OF GHANA) by the employer before his departure.

(c) Day Return Trip

Where an employee is requested to work outside his usual region of work during lunchtime, the employee shall be entitled to twenty Ghana cedis (GHc 20.00) per day as lunch allowance.

ARTICLE 19 - ANNUAL LEAVE

(a) All employees, after completion of twelve (12) months continuous service, shall be granted vacation leave as follows:

Under 5 years service 22 working days per annum
5 years but under 10 years service 24working days per annum
10 years and above service 27 working days per annum

(b) Employees on shift will enjoy their earned off days before they start their annual leave.

(c) Leave Recall Allowance

(i) When an employee is on annual leave and is called back to work, he shall receive a leave recall allowance of GHC 33.00 (thirty three Ghana cedis only). In addition, the employer shall pay for transport expenses.

(ii) The employee shall be entitled to the remaining days of the leave thereafter.

ARTICLE 20 - SICK LEAVE

(a) Sick leave with pay shall be granted to an employee on the production of a medical certificate signed by a registered medical practitioner to be verified by the company.

(b) Subject to (a) above, all employees will be entitled to sick leave with Pay as follows;

(i) Under 3 years continuous service 2 months full pay

2 months three quarters (3/4) pay

2 months half (1/2) pay

(ii) Above 3 years 4 months full pay

4 months three quarters (3/4) pay

4 months half (Vi) pay

(c) Further periods of sick leave with pay after the maximum periods described above shall be granted at the discretion of the Employer.

ARTICLE 21 - COMPASSIONATE LEAVE

(a) When urgent circumstances occur which necessitate any employee being absent from work, the employer shall grant up to five (5) working day compassionate leave of absence within a year with or without pay to enable the employee attend to them. Some of these circumstances include death of close relatives, marriage.

(b) The Employer may also grant casual leave without pay.

ARTICLE 22 - MATERNITY LEAVE AND NEW BIRTH ALLOWANCE

(a) Where a female employee becomes pregnant, she shall be granted annual leave or proportion thereof already earned by her, and in addition, three (3) months maternity leave on full pay on production of a certificate from a registered medical practitioner or midwife.

(b) Maternity leave will be additional to any entitlement to sick leave.

(c) On production of a medical certificate, the period of maternity leave shall be extended at least two (2) weeks where the confinement is abnormal or where in the course of the same confinement, two or more babies are born.

(d) Absence from duty arising from pregnancy in excess of the maximum period described in (a) and (c) above will be regarded as absence on the grounds of ill-health and the rule governing sick leave will apply.

(e) Maternity leave will count for increment.

(f) On resumption of duty from maternity leave, the employee shall be granted one hour daily during working hours for the purpose of nursing her child until the child is nine months.

(g) New Births

Every employee who registers his new born with the Company with a valid birth certificate shall be paid an amount of two hundred Ghana Cedis (GHc 200. 00) as new birth grant.

ARTICLE 23 - MEDICAL TREATMENT FACILITIES

(a) The Employer shall provide free medical care for the employees by the Company’s under conditions with the health service provider. The National Health Insurance Scheme shall only serve as a back- up for cases referred to government and private hospitals where managed health cards are not applicable or instances where such needs arise. NHIS shall be used alongside the health service provided.

(b) The Employer shall pay for the following if an employee is injured as a result of industrial accidents;

(i) Supply of dentures

(ii) Hearing aid and artificial limbs.

(c) There shall be regular free medical check-up for each employee once a year.

(d) The Employer shall provide medical treatment to an employee’s registered family to the limit of one (1) spouse and four (4) children. For the purpose of this article, an employee’s family shall consist of his declared spouse and children under 18 years or twenty one (21) years of age if still a student, in which latter case documentary evidence shall be provided.

(e) The Employer shall refund the cost of herbal treatment obtained from a registered member of the Traditional Healers’ Association only when the patient is referred there by a registered medical practitioner and in consultation with the health service provider.

(f) Medical care includes free standard eye lenses prescribed by an ophthalmologist once every two years. Provision of spectacle frames shall be at a cost of one hundred and fifty Ghana Cedis (GHc 150.00) once every two (2) years

ARTICLE 24 - SICK REPORTING

(a) Any employee falling sick during working hours will report to the shift supervisor concerned for permission to attend the nearby clinic authorised by the Employer; in this case the Lighthouse mission hospital.

(b) In the case of emergencies, the emergency car provided by the Employer shall be used by the supervisor or any legible person.

ARTICLE 25 - CANTEEN FACILITIES

(a) The Employer shall provide canteen facilities of one (1) subsidized (twenty five percent of cost to be borne by employees and seventy five percent by the employer) meal a day for all employees who subscribe on a monthly basis. During off days where overtime is organized management shall provide one free meal to all staff present.

(b) A canteen committee made up of the union and management shall be constituted to regulate this facility.

ARTICLE 26 - RISK

(a) The employer shall endeavour to ensure that all work areas are free from any risk.

(b) The Employer shall also provide four cakes of soap every month to staff in the following job areas Blenders, food enhancement section, machine operators and warehouse hands

ARTICLE 27 - PROTECTIVE EQUIPMENT/CLOTHING/UNIFORMS

(a) The Employer shall provide appropriate equipment/clothes and uniforms where necessary or as required by the Factories, Offices and Shops Act, 1970. The Employer shall provide suitable protective clothing such as overcoat/overalls, gloves, footwear, goggles, headgear and ear protectors for employees use during working hours.

(b) As a condition of employment, an employee is obliged to wear or use such protective equipment supplied by the Employer and failure to do so shall subject the employee to disciplinary action.

(c) Name Tags shall be provided to all staff as part of clothing and be worn at all times during working hours.

ARTICLE 28 - EDUCATIONAL SUPPORT

(a)The employer agrees to support registered children of staff of school going age between the ages 6- 18 years with the following at the beginning of every academic year;

Exercise books
Pencil
Pens
Pencil case
Snap pack
Water bottle

ARTICLE 29 - NEXT OF KIN

(a) Every employee, on engagement, shall complete a nomination form indicating the name and address of a person nominated as his beneficiary, which will be kept by the Employer. In the event of the death of the employee, the Employer shall pay over to the appropriate beneficiary(ies) last nominated by the deceased employee any benefits/rights that may have accrued to the deceased’s estate on production of a certified true copy of “probate” or “letter of Administration" in support of the application for payment.

(b) It is the responsibility of the employee to promptly notify the Employer of any changes regarding his nomination of Next-of-Kin when such changes occur and to re-confirm his nominee at least once each calendar year. The Employer reserves the right to request periodically each employee to complete a written confirmation for the above purpose.

ARTICLE 30 - RECREATIONAL ACTIVITIES

The employer encourages the development of sporting and recreational activities at most twice every year, and will co-operate with the local union in its organisation.

ARTICLE 31 - PROVIDENT FUND

(a) The Company will set-up and operate a Provident Fund to be administered by a Board of Trustees. Membership will be open to all employees of the Company. The Employer shall contribute ten percent (10%) of the employee’s monthly basic salary to the Fund and each employee shall also contribute five percent (5%) to it every month.

(b) There shall be yearly general meetings organised by the kind courtesy of the Board of Trustees.

ARTICLE 32 - HEALTH AND SAFETY

(a) The Company shall make provision for the health and safety of its employees within the Company during working hours.

(b) The Company shall provide First Aid Kits and protective devices and other equipment necessary to protect the employee from industrial injury.

(c) There shall be health and safety committee of both management and the Union, which will ensure the compliance of health and safety rules of the company.

(d) In the event of an industrial injury, the Workmen’s Compensation Law, 1987 (PNDCL 187) will apply.

ARTICLE 33 - ANNUAL MERIT INCREMENT

(a) There shall be an automatic merit increment of two percent (2%) on all employee salaries at the beginning of every year in January.

(b) Where an employee is assigned to a job classification, which provides for merit increment, he shall receive the specified increment, on his basic salary each year, based on his performance. The rate to be applied shall be as determined as appropriate.

(c) When an employee reaches the maximum of his salary scale, he may continue to receive his increment on that until he is promoted.

ARTICLE 34 - STAFF END OF YEAR PACKAGE/GRATIS

(a) The Employer shall pay a thirteenth (13th) month salary of one (1) month basic salary to all employees in December every year.

(b) Upon the achievement of the Company targets, the employer shall pay bonus to all employees. The amount shall be decided in consultation with the Union and also considering all relevant indicators. This would be aimed to be paid by April of every year.

(c) Employees shall be entitled to free staff package/gratis every month as follows;(or its equivalent depending on its availability)

1 tin/sachet 400g Cowbell

1 strip 25g Loya

1 strip 40g Coffee

1strip 40g Mocha

1strip 40g Chocomalt

1 strip 40g flavoured milk

1 strip 15 g Sweetmilk

4 strips assorted Onga

1strip 15g Miksi

1 strip flavoured milk.

(d) Christmas Package

50 Kg of Rice

1 Dozen of canned MALT (this is subject to change)

6 Pieces of Starkist canned Tuna 1 Gallon of Cooking oil

4 Packs of Piccadilly biscuits/any equal alternative 1600g Tomato puree Any well wish for the season.

ARTICLE 35 - INDIVIDUAL CONTRACT

No employee covered by this Agreement, shall be compelled or allowed to enter Into a contract or agreement with the employer, which alters or contravenes the conditions of employment or terms of employment or conditions of labour as specified in this agreement, or shall be allowed to be bonded to the company without prior discussion with the Union.

ARTICLE 36 - DISCIPLINE

(a) Summary Dismissal

In the event of an employee being found guilty of serious misconduct such as dishonesty, insubordination, dereliction of duty, stealing, drunkenness smoking on duty, sleeping on duty, and any other serious offence, he shall be dismissed summarily. An employee who is summarily dismissed shall not be entitled to notice or payment in lieu thereof. However, other entitlements shall be paid.

(b) Termination

Where an employee commits an offence, which does not amount to serious misconduct, such employee will be warned in writing. If after three such warnings, a forth offence is committed by the employee, his services may be terminated. For the purpose of this

Article, a warning letter ceases to have effect after twelve months however persistent offenders may be treated in accordance with past records.

(c) Alternative Penalties

Alternative penalties which may be applied by the employer (a) (above) depending on the gravity of the offence are;

(i) Suspension without pay for a stated period not exceeding four weeks.

(ii) Reduction in rank with corresponding reduction in salary

(iii) Termination of appointment.

(d) Interdiction

Should an employee commit a serious offence, which requires thorough investigations, such employee shall be interdicted from duty pending further investigation. During the period of interdiction from duty, the employee shall be paid at half rate of his basic salary. However the period of interdiction shall not exceed three (3) months. After the three (3) months the interdicted employee shall be called back to work whilst investigation continues. If no case is proved against the employee, he will be paid in full for the period of interdiction.

(e) Enforcement of Disciplinary Action

Before enforcing any disciplinary action, the employee concerned shall be offered the opportunity to defend himself.

ARTICLE 37 - GRIEVANCE PROCEDURE

Step 1: In the event of a grievance, the employee shall, as a first step, take the matter up with his immediate Supervisor/Sectional Head. If he does not obtain satisfaction, he may ask his Shop Steward/Local Union to present his case.

Step 2: If the matter remains unresolved, the Shop Steward/Local Union will take the matter up with Head of Personnel.

Step 3: If the matter remains unresolved, the Local Union can summon Local Union/Management meeting to resolve the issue.

Step 4: If after Local Union/Management meeting, the matter remains unresolved the Local Union will inform the Regional Industrial Relations Officer of the Union who will arrange to meet Management and endeavour to settle the issue.

Step 5:If after Step 4, the matter still remains unresolved, the Union will summon the Standing Negotiating Committee to meet and endeavour to reach agreement. If the committee fails to resolve the matter, either party may proceed constitutionally by reporting the dispute to the National Labour Commission in an endeavour to settle the dispute.

ARTICLE 38 - LEAVE OF ABSENCE FOR UNION ACTIVITY

Any employee elected as officer of the Union or who is elected as a delegate to any Union activity necessitating leave of absence may be granted such leave with pay. Written notice for such leave shall be given to the employer as far in advance as possible but in no event later than three days prior to the day such leave is becomes effective. The length of the leave and its frequency in the year should be determined on merit of individual cases.

ARTICLE 39 - UNION NOTICE BOARD AND OFFICE

(a) The Employer shall provide one (1) notice board and an office to the local union at a mutually agreed location. The employer however, deserves to know the content of the notice to be posted on the notice board.

ARTICLE 40 - EMPLOYEE TRAINING

(a) The Employer undertakes to provide suitable training facilities for the employees to enable them acquire competence in the performance of the duties and fit them for promotion to higher positions. Where an employee is required by the Employer to undergo training in a recognised educational institution, the Employer will grant the employee necessary time off with pay as well as the cost involved in the training.

(b) The Employer may also consider an employee’s request for a study leave to enable him attend a training course which would render him more competent in the performance of his duties within the organisation

(c) In cases where an employee takes a correspondence course duly approved by the employer in writing, which would enhance his efficiency in the performance of his duties and passes the requisite examination, the employer shall refund to him his examination fees together with the cost of text books.

(d) An employee required to undertake training leading to a higher appointment in the industry will be informed of the period of training and on completion of his training, the grade to which he may be promoted.

(e) The cost of all departmental training courses organised by the employer to refresh the employees knowledge in their respective departmental issues for the improvement of their competence shall be borne by the employer.

ARTICLE 41 - ABSENCE FROM WORK

(a) An employee covered by this Agreement who absents himself from work without permission shall report to the Human Resource Department or his Supervisor immediately on resumption of duty and unless satisfactory explanation in given, he shall be disciplined according to Article 36.

(b) An employee absenting himself for three (3) continuous working days without permission or any information whatsoever shall be regarded as having vacated his employment. The employer will at all times give full consideration to any reasonable excuse given on compassionate grounds for absence in deciding whether an explanation put forward is satisfactory or otherwise.

ARTICLE 42 - CERTIFICATE OF SERVICE

On resignation or termination of an employee, a Certificate of service stating the period of service and job classification shall be issued on request by the employee.

ARTICLE 43 - CALL IN ALLOWANCE

When an employee has left his place of work and is called back to work he shall be paid an

allowance of Fourteen Ghana Cedis (GHc 14.00) per call plus overtime and transport.

ARTICLE 44 - RATES OF PAY

(a) Employees who are covered by this Agreement shall receive the rate of pay appropriate to their job classification as shown in appendix “A” attached hereto and made part of this Agreement.

(b) Salaries shall be paid on the 26th of every month and where there are difficulties it would be explained to the union.

(c) If at anytime a new job category is to be created under appendix A management and the union shall meet to determine the salary.

ARTICLE 45 - FUNERAL GRANT

(1) Employee

(a) In the event of the death of an employee, the Employer shall make a donation of one thousand five hundred Ghana Cedis (GHc 1,500.00) as funeral grant to the bereaved family to offset part of the funeral expenses.

(b) In addition, the Employer shall provide for the following:

(i) Provision of the casket/coffin

(ii) Three (3) carton of Beer

(iii) Three (3) carton of mineral

(iv) One (1) bottle of Schnapps

(v) Shroud

(c) The Employer shall also provide transport and allow a reasonable number of employees to convey the deceased from his station to the place of burial or his hometown.

(d) The Employer shall also donate the following company products if available or their cash value determined on the basis of their cost to the employer:

(i) 2 carton of flavoured milk

(ii) 1 carton of Onga (assorted)

(2) Employee’s Immediate Family

Should the declared spouse or child of an employee, or parent die, the Employer shall make the following donations as funeral grant:

(a) Spouse/Child

(i) the employer shall donate an amount of Eight hundred Ghana cedis (GHc 800).

(b) Parent

The Employer shall donate an amount of five Hundred Ghana cedis GHc 500 to the staff.

(c) In all these cases the Company shall provide transport to convey reasonable number of employees who are off duty in the case of shift workers to attend the funeral.

ARTICLE 46 - TRANSPORT ALLOWANCE

In the interest of punctuality, maximum efficiency and higher productivity, the Employer shall pay transport allowance to all staff covered by this agreement. This allowance shall be subject to change in accordance with the increase in transport fares. Shift workers shall be entitled to one hundred and twenty eight Ghana cedi’s fourty pesewas (GHc 128.4) per month and straight day workers One hundred and five Ghana cedis fourty three pesewas(GHc 105.43) per month.

ARTICLE 48- BEST WORKERS AWARDS

Employees who due to their conduct are adjudged best workers after the yearly appraisals shall be awarded by management at an occasion organised by Promasidor Ghana Limited. Awards shall be determined by management in consultation with the Local Union.

ARTICLE 49 - LEGAL ASSISTANCE FOR COMPANY DRIVERS

(a) In the event of criminal proceedings being taken against a driver of the employer involved in an accident while driving the employers’ vehicle in the course of his duties, the employer shall provide legal counsel for his defence depending upon the nature of the offence.

(b) The cost of renewing the drivers’ license shall be borne by the employer.

ARTICLE 50 - RESPONSIBILITY OF BOTH PARTIES TO THE AGREEMENT 

(a) Both the Union and Employer recognise the responsibilities imposed upon the parties by this Agreement. Nothing in this Agreement shall worsen the existing conditions of service and the rate of pay of an employee covered by this Agreement.

(b) Where there is a dispute in the interpretation of any conditions of employment, the relevant negotiating minutes shall be used to assist in resolving the dispute,

(c)If the dispute cannot be resolved by both parties, the dispute shall be referred to the National Labour Commission in accordance with the provisions of the Labour Act, 2003 (Act 651).

Signed for and on behalf of: THE INDUSTRIAL AND COMMERCIAL WORKERS’ UNION (ICU) GHANA

John Aboradze Hayfron

Principal Industrial Relations Officer,(PIRO) ICU-Ghana

Edward Fosu

PMSU Chairman, Promasidor

Kenneth Konuah

PMSU Secretary, Promasidor

Signed for and on behalf of: PROMASIDOR GHANA LIMITED

Dirk Laeremans

Managing Director, Promasidor

Kelvin Quarshie

Human Resource Coordinator, Promasidor

Promasidor Ghana Limited - 2014

Start date: → 2014-08-01
End date: → 2016-07-31
Name industry: → Retail trade
Public/private sector: → In the private sector
Concluded by:
Name company: → Promasidor Ghana Limited
Names trade unions: → Industrial and Commercial Workers Union (ICU)

TRAINING

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

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 92 %
Maximum days for paid sickness leave: → 365 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → No
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 13 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → Yes
Prohibition of discrimination related to maternity: → No
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → 
Workplace risk assessment on the safety and health of pregnant or nursing women: → 
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → 
Time off for prenatal medical examinations: → 
Prohibition of screening for pregnancy before regularising non-standard workers: → 
Prohibition of screening for pregnancy before promotion: → 
Facilities for nursing mothers: → Yes
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → Yes
Paid leave per year in case of caring for relatives: → 5 days
Leave duration in days in case of death of a relative: → 5 days

EMPLOYMENT CONTRACTS

Trial period duration: → 90 days
Severance pay after 5 years of service (number of days' wages): → 75 days
Severance pay after one year of service ((number of days' wages): → 75 days
Part-time workers excluded from any provision: → No
Provisions about temporary workers: → No
Apprentices excluded from any provision: → No
Minijobs/student jobs excluded from any provision: → No

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per day: → 8.0
Working hours per week: → 40.0
Working days per week: → 5.0
Paid annual leave: → 22.0 days
Paid annual leave: → 4.0 weeks
Paid bank holidays: → Birthday of the Prophet Muhammad / Prophet PBUH Birthday / Mouloud / Eid Milad-un-Nabi (twelfth day of Rabi) , Christmas Day, Easter Monday, Army Day / Feast of the Sacred Heart/ St. Peter & Paul’s Day (30th June), John Chilembwe Day (15th January)
Rest period of at least one day per week agreed: → No
Paid leave for trade union activities: → -9.0 days
Provisions on flexible work arrangements: → No

WAGES

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

Wage increase

Wage increase: → 2.0 %

Once only extra payment

Once only extra payment: → GHS -9.0 %
Once only extra payment due to company performance: → Yes

Premium for evening or night work

Premium for evening or night work: → 130 % of basic wage
Premium for night work only: → Yes

Payment for standby work

Payment for standby work: → GHS 14.0
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 hardship work

Premium for hardship work: → 10% of basic wage

Allowance for commuting work

Allowance for commuting work: → GHS 128.4 per month

Meal vouchers

Meal vouchers provided: → Yes
Meal allowances provided: → No
Free legal assistance: → Yes
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