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COLLECTIVE AGREEMENT BETWEEN SBC BEVERAGES GHANA LIMITED AND THE INDUSTRIAL AND COMMERCIAL WORKERS' UNION OF GHANA

ARTICLE 1 - GENERAL BASIS OF THE AGREEMENT

1.1 PREAMBLE

This AGREEMENT is made on this 1st day of January, 2015 between the SBC BEVERAGES GHANA LIMITED, a statutory company established under the laws of the Republic of Ghana (hereinafter called Employer) and the INDUSTRIAL AND COMMERCIAL WORKERS' UNION (ICU) GHANA, a Union officially certified under the Labour Act 2003 (651) (hereinafter called Union) as the negotiating body, provides the terms and conditions of employment and non-employment, terms and conditions of employment and termination which shall apply to all employees of the Company the Union is certified to negotiate on behalf.

1.2. Coverage

This agreement shall apply to:

(a) All employees who are members of the Union at the time of concluding and signing of the Agreement.

(b) All new employees taken on after the Agreement is signed are covered by this agreement.

1.3. Recognition

The Company recognizes the Union as the appropriate and exclusive representative to conduct Collective Bargaining on behalf of the class of workers specified in the Collective Bargaining Certificate and the sole negotiating body for all matters connected with employment and / or non-employment and / or with their conditions of employment.

1.4. PURPOSE

(a) It is the intention of the parties hereto that this Agreement will provide for among other things, rates of pay, hours of work, and other conditions of employment and non-employment, promote and improve relations between the Company as an employer and the members of the union as employees.

(b) It is also agreed that should any disagreement arise between the Company and the Union, the parties will immediately take steps to settle such disagreement as provided for in this Agreement.

(c) Employees covered by this Agreement shall not be threatened, restrained, coerced or discriminated against by the Company or its officers because of membership of the Union or lawful activity on behalf of the Union. However, membership of the Union should not prejudice any employee's fundamental obligation to the Company.

(a) Period

The duration of this Agreement shall be for a period of Two years commencing 1st January, 2015. At any time after Twenty-two (22) months, either party may give the other party two (2) months' notice in writing expressing its desire for this agreement to continue for a further period to be agreed upon or its intention to terminate the Agreement, but until such a date as a new Agreement is signed the present Agreement shall remain in force.

At any time 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 terminate 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. In this case if the old one is to be used a Memorandum of Understanding (MOU) may be signed as per Section 107 of the Act.

(b.) Salaries and Wages Review

Notwithstanding Article 1.5(a) above, there shall be a yearly salary / wages review which shall take effect from 1st January.

ARTICLE 2 - DEFINITIONS

2.1. For the purpose of this Agreement and throughout this Agreement, the term employees shall apply to all persons covered by this Agreement.

2.2. Reference in this Agreement to the term Working Day shall exclude Saturday, Sunday and Public Holiday.

2.3. Where in this Agreement the masculine pronoun he, him or his has been used in relation to an employee, it shall also refer to a female employee.

2.4. Company - MeansSBC Beverages Ghana Limited.

2.5. Family - Meansan employee, the spouse and biological children or Legally-adopted children registered with the Company and up to 18 years who are neither married nor employed.

2.6. Year - MeansCalendar year from 1st January-31stDecember.

2.7. Month - Meansone calendar month.

2.8. Management - Means Management of SBC Beverages Ghana Limited.

2.9. Basic salary - Substantive pay as shown in the scale of pay schedule and does not include overtime and any allowance.

2.10. Head of Department - Means Manager in charge of Department.

2.11. Union - Means Industrial and Commercial Workers Union / Local Union.

2.12. Parties - Means Signatories to the Agreement.

ARTICLE 3 - ENGAGEMENT/PROBATION

3.1 On the engagement of an employee who falls within the scope of this Agreement, he shall be furnished by the employer with a copy of this Agreement together with appendices for his retention.

3.2 The employer shall give the newly engaged employee a letter of appointment stating:

i. Salary (Starting Point)

ii. Salary Scale

iii. Effective Date

iv. Probation Period

v. Job Title

vi. Department Assigned

vii. Social Security Deduction

viii. Job Description

ix. Leave Period i.e. how many leave days entitled.

3.3(a) Any employee so engaged shall normally undergo a probationary period of six (6) months. Probationary period may be extended for another three (3) months. Unless informed in writing to the contrary, the employee who has completed his probation will be deemed to have been confirmed in the appointment.

3.3(b) Before a probationer's service is terminated for unsatisfactory work and conduct, his performance should be appraised at least once and the results of the appraisal made known to him.

A probationer should be given at least 5 days' notice before termination of appointment.

ARTICLE 4 - EMPLOYMENT AND SERVICE RECORD

4.1 The Company shall keep employment and service records for every employee covered by this AGREEMENT. An employee may be requested to furnish Management with the relevant information from time to time.

4.2 An employee shall promptly notify the Company of any change in information he has furnished under this article.

4.3 Copies of warning letters shall be made available to Local Union executives.

ARTICLE 5 - UNION MEMBERSHIP/ CHECK OFF

5.1 Every employee covered by this AGREEMENT shall be deemed to be a member of the Union and shall pay Union dues uniformly levied against all members of the Union.

5.2 At the written request of the Union, the Employer undertakes to deduct Union Dues from the employees' salaries and wages and pay over the sum as will be directed by the Union.

ARTICLE 6 - SHOP STEWARD

6.1 Both parties to this agreement recognize the existence of Shop Stewards and the Local Union officials as official representatives of the Union.

6.2 The Shop Steward may be consulted on grievances and disciplinary measures against employees with the view to resolve the differences at the level to avoid them taking on a greater dimension.

ARTICLE 7 - OFFICE AND NOTICE BOARD

7.1 The employer shall provide an office for the use of the Union.

The employer shall provide a notice board for the use of the Union. Management shall approve the contents of all correspondence before placement on the notice board.

ARTICLE 8 - HOURS OF WORK

8.1 The standard hours for basic salary shall be forty (40) hours per week of five (5) days - Monday to Friday.

8.2 The hours of work will be regulated by the Employer in accordance with the exigencies of the work. However it shall not exceed the standard working hours as laid down in Article 8.1.

8.3 Hours of work means effective work excluding time for meals and changing into work attire. Employees shall be at post in uniform at the specified working times.

8.4. Working hours for shift workers are at the discretion of the employer. This however should not exceed eight (8) hours per shift and a maximum of forty (40) hours per week of five (5) consecutive days. Overtime is paid for the work done in excess of forty (40) hours a week. No employee shall be requested to work continuously for longer than five (5) hours without recognized rest.

8.5 Shift workers shall have half (1/2) an hour break during the eight-hour (8) shift to be regulated by their Sectional Managers.

ARTICLE 9 - OVERTIME

9.1 Employees who are requested by the employer or his representative to work in excess of the normal working hours per day shall be paid overtime for work performed.

9.2 OVERTIME RATES

The overtime rates are as follows:

Monday - Friday 1.25% of the hourly basic pay for each hour of service

(1 and 1/4 time of the hourly rate).

Saturdays 1.75% of the hourly basic pay for each hour of service

(1 and 3/4 time of the hourly rate).

Sunday / Public Holiday 100% of the hourly basic pay for each hour of service

(2.0 times of the hourly rate).

9.3 A worker shall not be compelled to do overtime except for undertakings or enterprises the very nature of which requires overtime in order to be viable.

When such a requirement becomes necessary, the Union shall be informed accordingly.

9.4 If a public holiday falls on an employee's scheduled off-duty, he will receive one extra normal day's pay.

9.5 Drivers/Salesmen will be entitled to Two (2) hours of overtime daily from Monday to Friday and normal overtime rates for weekend work.

ARTICLE 10 - NIGHT SHIFT ALLOWANCE

10.0 Night Shift

Employees who are required to work a night shift i.e. between the hours of 10.00pm and 6.00am shall be paid an allowance calculated at twenty-five per cent (25%) of their basic hourly salary.

ARTICLE 11 - PUBLIC HOLIDAY

11.1 Public Holidays recognized by the employer shall be Statutory Public Holidays.

11.2 Each employee is entitled to full payment of any day declared as Public Holiday.

11.3 If a Public holiday falls on an employee's scheduled off-duty, he will receive an extra normal day's pay.

ARTICLE 12 - PER DIEM ALLOWANCE (LODGING AND SUBSISTENCE)

12.1 An employee who is required to spend a full night away from his normal place of work on Company's business will be entitled to a per diem allowance as per the Company's travel policy.

12.2 An employee who is required to haul Company products between Plant and Depots will be paid an overnight allowance as follows:

(a) Articulator / Trailer Driver/ Salesman GHC 40.00

12.3 Day Return Trip Allowance

Haulage Driver/Salesman will be entitled to Ten Ghana Cedis (GHC10.00) when he embarks on a day return trip.

ARTICLE 13 - ACTING ALLOWANCE

13.1 An employee who is assigned to work and works in a higher grade for a minimum of fourteen (14) consecutive working days shall be paid an acting allowance equivalent to the difference between the employee's current basic salary and the minimum salary for the grade in which he is acting or 25% of his salary whichever is higher.

13.2 An employee who is required to act shall be given a letter to that effect by his Head of Department.

13.3 No employee shall be required to act beyond six (6) months unless it is intended to consider him for the promotion to the grade in which he is acting. Therefore, an employee who acts in a higher position for a maximum of six (6) months shall be deemed to have been confirmed in that post at the end of the period unless advised by the employer to the contrary at least a month before the end of the six (6) months.

ARTICLE 14 - CALL IN ALLOWANCE

14.0 When an employee has closed from his place of work and is called back to work later, such an employee shall be paid an allowance of Seven Ghana Cedis (GHc 7.00) per call in addition to his transport and overtime. Overtime earnings start at the beginning of the call-in shift. In all instances of "call-in work", overtime returns form should be completed by the employee, endorsed by his Head of Department and forwarded to the Human Resource office.

ARTICLE 15 - SALARY ADVANCE/LOANS

15.1 The employer may grant up to 40% of an employee's monthly basic salary as an advance to be deducted from his salary at the end of the month. Advances cannot be granted more than four (4) times in a year.

15.2 Confirmed employees may be entitled to a loan of up to five (5) months' basic salary payable over one year. This, however, will be at the discretion of Management.

15.3 No employee shall be granted a loan(s) beyond the limit where the total monthly deductions will exceed 40% of the employee's monthly basic salary except in the case of rent advance where the ceiling on total monthly deductions shall be determined by Management.

15.4(a) In the event of the death of an employee's registered parents, spouse or child, an employee with a post probationary period of three (3) years continuous service with the company and having no outstanding debts with the company, will be considered for a loan of not less than three (3) months' basic salary. This is to assist the employee to meet the cost of the funeral.

(b) Application for this loan must be submitted when the employee is announcing the death of the registered relative to management. The repayment of the loan will be in equal monthly installment and shall not exceed one (1) year, subject to article 15.3

ARTICLE 16 - MANNER OF PAYMENT OF SALARIES/WAGES

16.0 Salaries and wages shall be paid to all employees on or before the last day of the month.

ARTICLE 17 - SALARIES/WAGES

17.0 Employees covered by this Agreement shall receive the rates of pay shown in Appendix 'A' that form part of and is attached to this Agreement.

ARTICLE 18 - ANNUAL LEAVE

18.1All employees after completing twelve (12) months of continuous service shall be granted leave as follows:

One (1) to five (5) years' service Twenty- four (24) working days
Above five (5) years but below seven (7) years' service Twenty-six (26) working days
Seven (7) years and above Thirty (30) working days

Employees' scheduled leave roaster shall be prepared by the Head of Department and the leave dates communicated to the employees. Any employee who wants to change his leave date may notify his Head of Department in writing two (2) weeks in advance.

18.2(a) Leave Pay On Resignation

In the case of termination or resignation, an employee shall be entitled to proportionate earned leave.

18.2(b) Where one or more statutory holidays occur during an employee's period of leave, extra paid leave will be granted for the days of the statutory holidays.

ARTICLE 19 - OTHER FORMS OF LEAVE

19.1 CASUAL LEAVE

The employer shall grant an employee casual leave not exceeding ten (10) working days in a calendar year to enable him attend to urgent personal matters. The number of days granted, shall be deducted from his annual leave when due.

19.2 COMPASSIONATE LEAVE

The employer shall grant compassionate leave (not exceeding 5 days) with pay in exceptional circumstances to an employee to enable him attend to urgent matters such as the death of a mother, father, spouse or children. Compassionate leave shall not be deducted from annual leave days. It shall however, be deducted when an employee has outstanding leave days.

ARTICLE 20 - LEAVE RECALL ALLOWANCE

20.0 When an employee's annual leave is interrupted in the interest of the business, such an employee shall be paid an inconvenience allowance of 20% of his basic monthly salary in addition to the transport cost to and from the place he spends the leave. He shall take the remaining leave days at a later date.

ARTICLE 21 - TOOLS

21.0 The company shall provide tools to employees for all jobs.

ARTICLE 22 - TRANSFER

22.1 An employee may be transferred in the interest of the business by the employer.

22.2 An employee on relieving /special duties outside his normal place of work will be paid a per diem allowance as per Article 12.

22.3 Where the transfer is permanent and/or is expected to last more than Three (3) months, the employer will provide transport for the employee, his wife, children, house help and their personal effects.

22.4 In addition to (22.3), he will be paid three (3) months of his monthly basic salary as transfer grant.

22.5 An employee on transfer shall be given three (3) months' basic salary as loan upon request to secure accommodation. The loan shall be payable over a period of eighteen (18) months.

22.6 A notice period of thirty (30) days will be given to employees in the event of a permanent transfer.

ARTICLE 23 - REPATRIATION

23.0 When an employee leaves the services of the company on the grounds other than summary dismissal, termination or resignation, the employer shall repatriate the employee and his family from his last station to his declared hometown as existed within company records provided this benefit is exercised within three (3) months of leaving service.

ARTICLE 24 - RETIREMENT

24.1 The compulsory/voluntary retirement age shall be in accordance with the statutory retiring age.

24.2 An employee proceeding on compulsory retirement shall be entitled to the following:

i. Social Security Benefits

ii. Benefits under the Staff Provident Fund Scheme

iii. Six (6) months medical treatment at the company's designated clinic from the date of retirement. Retirees are to use NHIS alongside this clause, of which the employer bears the excess cost.

iv. A parting gift from the employer to the retiree.

24.3 In the case of voluntary retirement, the employee shall be entitled to:

i. Social Security Benefits.

ii. Benefits as per the rules of the operations of the Staff Provident Fund Scheme.

24.4 An employee being retired from the company on medical grounds on the production of a certificate from the company's doctor (or any other recognized medical practitioner and certified by the company's medical doctor) shall be entitled to:

a. Benefits under the Social Security Scheme.

b. Gratuity, calculated at Two (2) months' basic salary for each year of service pro- rata.

c. Benefits under the Staff Provident Fund Scheme.

He shall also enjoy the company's medical scheme for six (6) months from the date of disengagement. Any disagreement as to opinion arising between the company doctor

and another medical practitioner shall be settled by a Medical Board constituted through the assistance of the Medical and Dental Council.

Parting Gift

ARTICLE 25 - ABSENCE FROM WORK

25.1 No employee shall be allowed to absent himself from work on any day of the working week without the prior permission of the employer. Any such absence without permission for five (5) consecutive working days shall be deemed as having vacated his post without notice and thereby deemed to have abandoned his employment. In such an instance the employer has the full right to replace or appoint a new applicant to fill the post.

25.2 An employee who is deemed to have vacated his post may appeal to Management for reinstatement. If Management is satisfied that unavoidable circumstance(s) prevented him from returning to duty, it may, at its discretion, re-instate the employee in the service.

25.3 Employees who are absent without permission and return within five (5) consecutive working days shall be queried and if no satisfactory reasons are given, shall be subjected to disciplinary action.

ARTICLE 26 - ABSENCE DURING WORKING HOURS

26.1 An employee who has reported for duty shall not leave his place of work or go outside the premises of the employer without prior permission of the appropriate authority. Any employee contravening the provision of this clause shall be given a query and if an unsatisfactory explanation is given, the person shall be subjected to disciplinary action.

ARTICLE 27 - LEAVE OF ABSENCE FOR UNION ACTIVITIES/UNION MEETING

27.1 An employee elected as a Union official and who is selected as a delegate to any Union activity necessitating leave of absence shall be granted leave with pay.

Written notice of such leave shall be given to the employer three (3) days in advance.

27.2 The employer agrees to permit the Union to gather its members who are employees of the employer to meet at a designated area for Union meetings and that such meetings or gathering shall not damage any property of the employer.

27.3 Written request for such meetings shall be given to the employer at least seventy-two (72) hours in advance.

ARTICLE 28 - SICK LEAVE

28.1 Sick leave with pay will be granted to employees on the production of a medical certificate signed by the company's doctor or from a registered medical practitioner.

28.2 Subject to the above provision, all employees will in a calendar year be entitled to sick leave subject to the certification by the company's doctor/ a registered medical doctor as follows:

i. Confirmed employees of up to five (5) years - 3 months full pay

- 3 months 3/4 pay

- 3 months 1/2 pay

ii. Employees of five (5) to ten (10) years - 4 months full pay

- 3 months 3/4 pay

- 3 months 1/2 pay

iii. Employees with over ten (10) years' service - 5 months full pay

- 3 months 3/4 pay

- 3 months 1/2 pay

28.3 Further periods of sick leave with pay after the maximum period may be granted at the sole discretion of the employer.

28.4 An employee may apply for voluntary retirement on grounds of ill health if in the majority opinion of three doctors (company's doctor, specialist and another doctor nominated by the employee) the employee is found unfit to resume duties.

ARTICLE 29- MEDICAL FACILITIES

29.1 The employer shall provide free medical attention in Ghana to all employees.

29.2 The employer shall pay for the cost of medical examination, surgical treatment including the cost of drugs prescribed by the doctor, as well as other expenses that may be charged by the doctor, including lodging and boarding at the hospital. Cost of transportation in emergency cases shall be paid by the employer. Employees are to register with the NHIS and utilize its services for the employer to bear the cost of the excess.

29.3 Within the year, the employer shall pay the medical cost of a registered spouse and children at the company's designated clinic or any Government hospital. The amount to be reimbursed on the medical cost of the registered spouse and children shall not be more than three (3) months' basic salary of the employee per year.

29.4 The company shall pay for one regular medical check-up per year if statutorily required.

29.5 In the case of dental treatment, the employer will only pay for the cost of teeth extraction.

29.6 For every medical treatment, an employee is to report to a Public Medical Center and under no circumstances should an employee take any person or a group of persons who are not covered by this Agreement to a Medical Practitioner at the expense of the company.

29.7 Where it is reasonably established that conventional Medical treatment has not proved effective in curing an employee or a registered member of his family of an illness, the company may consider an application by a worker for treatment by a registered member of the Ghana Psychic and Traditional Healers Association.

29.8 Management shall have the right to set limits on the cost of such treatment and the patient must first be referred by a Medical Practitioner.

29.9 Maternity Fees:

In the case of female employees who are pregnant, their antenatal bills will be borne by the company.

29.10 The company, however, will not accept liability for any expenses incurred by female employees who make their own arrangements for gynaecological attention in any hospital, medical clinic, or a private medical practitioner.

In all cases, the employee shall produce a medical certificate to the employer specifying treatment received statement charges and medical examination for refund if approved.

29.11 A doctor at the factory may be available for two (2) hours a day for medical attention to employees. Medicines provided by the company doctor will be free.

29.12 The company shall pay full cost of plain lenses and a subsidy of GHC 60.00 for frames once every two (2) years for employees who use medicated spectacles.

ARTICLE 30 - MATERNITY

Maternity right shall be administered in accordance with section 57 of the Labour Act, 2003 (ACT 651).

30.1 When a female employee becomes pregnant, she shall be granted twelve (12) weeks maternity leave with 100% pay on the production of a certificate from a medical practitioner or a registered midwife. Annual leave may be granted in addition to maternity leave.

30.2 Maternity leave will be additional to any entitlement to sick leave.

30.3 Absence from duty arising from pregnancy in excess of the maximum period described in clause 30.1 above will be regarded as absence on grounds of ill health and rules governing sick leave will apply. Maternity leave will count for increment.

30.4 An employee returning to duty after maternity leave will be granted time off of two (2) hours every working day to nurse her baby until the baby attains the age of nine (9) months.

30.5 A total of four (4) months maternity leave will be granted for an employee who delivers twins.

30.6 For the birth of more than two (2) children, the duration of the maternity leave granted will be at the discretion of management.

ARTICLE 31 - FUNERAL GRANT

31.1 In the event of the death of a confirmed employee of the company covered by this Agreement, the employer shall provide a coffin, twenty (20) crates of minerals, five (5) cartons of water, three (3) cartons of beer, one (1) bottle of schnapps and shall transport the corpse to the place of burial or hometown of the deceased.

In addition, the company shall donate One Thousand, Five Hundred Ghana cedis (GHc 1, 500.00) to the spouse and children, One Hundred Ghana cedis (GHc 100.00) to the bereaved family.

31.2 In the event of any employee losing any one (1) of his registered relatives (spouse, child) the employer shall grant the employee One Thousand Ghana Cedis (GHc 1,000.00), ten (10) crates of minerals and five (5) cartons of water for the funeral.

In the event of any employee losing his biological parents (father or mother), the employer shall grant the employee Two Hundred and Fifty Ghana Cedis (GHc 250.00), Ten (10) crates of minerals and Five (5) cartons of water for the funeral.

An additional donation of Fifty Ghana Cedis (GHc 50.00) shall be made to the bereaved family.

31.3 In the event of the death of an employee or a registered relative (spouse, child, father or mother), the employer shall grant permission to a reasonable number of employees to attend the funeral.

ARTICLE 32 - ANNUAL INCREMENT

32.1 Based on annual performance appraisal reports, annual increments in salary shall be considered by management.

32.2 All appraisal reports made on an employee shall be discussed with him at an appraisal interview during which he shall be given an opportunity to make his comments or be part of the report to be provided for use after he appends his signature thereto.

ARTICLE 33 - ANNUAL PERFORMANCE APPRAISAL

33.0 In addition to annual negotiated reviews in salaries, performance appraisal reports should identify higher performers for further increments as deemed fit by management.

ARTICLE 34 - CANTEEN

34.0 The employer shall provide a suitable meal per day at the staff canteen.

In the absence of this, a flat rate will be paid to staff as meal allowance at the prevailing canteen rate. However, staff who work on Saturdays, Sundays and or Public Holidays shall be paid the prevailing canteen rate plus 15% of the rate as inconvenience allowance.

ARTICLE 35 - REDUNDANCY

35.1 In the event of redundancy, the company shall notify the Union three (3) months in advance of the intended action. This shall be in accordance with the Labour Act 2003 (Act 651).

35.2 The effective date of the redundancy exercise shall be communicated to the Union.

35.3 The criteria for determining employees to be declared redundant shall be based on merit, potential, skill, physical and mental ability to assume other jobs and good conduct. All things being equal, length of service shall be the determining factor i.e. first in, last out.

35.4 A redundancy package shall be negotiated by the Union and the employer in accordance with the Labour Act 2003 (Act 651)

ARTICLE 36 - PROVIDENT FUND SCHEME

36.1 The company shall set up a provident fund scheme to be administered by a Board of Trustees of the Union and the Employer. Membership is opened to all confirmed employees of the company in accordance with the National Pensions Act 2008 (766).

The employer shall contribute the equivalent of 5% of the employee's monthly basic salary while the employee also contributes 10% of his monthly basic salary to the fund making a total of 15%.

Rules and regulations governing the scheme shall be drawn by the Board of Trustees and approved by the Standing Negotiating Committee.

ARTICLE 37 - UNIFORM AND PROTECTIVE CLOTHING

37.1 Where the employer directs that owing to the nature of the work an employee should wear a uniform, such uniforms will be provided by the employer and shall be worn by the employee during working hours.

37.2 Where the nature of the work requires the use of protective clothing and appliances in accordance with the Factories, Offices and Shop Act, the employer shall provide suitable protective clothing such as gloves, aprons, footwear, goggles, headgear and ear protectors for employees' use during working hours.

37.3 Name Tags

Name tags must be considered as part of clothing and must be worn at all times during working hours.

ARTICLE 38 - PROMOTION / FILLING OF VACANCIES

38.1 Promotion to vacancies in higher grades shall be filled based on efficiency on the job, qualification, experience and sense of responsibility, initiative, general behavior and all things being equal, length of service.

38.2 In the case of promotion, serving permanent employees shall have preference over non-permanent employees.

38.3 All vacancies occurring within the company shall be advertised internally for at least three (3) days before considering candidates from outside if management deems fit.

ARTICLE 39 - NOMINATION OF BENEFICIARY

39.0 Every employee will give to the employer at the time of his engagement the name(s) and address(es) of the nominee(s) who should receive an entitlement due from the employer to his estate in the event of his death. This can be revoked, renewed or revised at the discretion of the employee. In the event of the death of the employee, the employer shall give to the beneficiary last nominated by the deceased employee, any benefits / rights that may have accrued to the deceased provided the said beneficiary produces a certified true copy of probate of letters of administration in respect thereof.

ARTICLE 40 - INDIVIDUAL CONTRACT

40.1 No employee covered in this agreement shall be compelled to enter into any other contract or Agreement with the employer that alters or contravenes the conditions of employment as specified in this Agreement.

40.2 This clause shall not apply to commission paid on variable scale from time to time to salesmen and others. It is agreed that the Employer reserves the right to bond certain job classification.

ARTICLE 41 - TRAINING AND DEVELOPMENT

41.1 The employer undertakes to provide training for employees in order to afford them the opportunity to become competent. The parties mutually agree that such employees shall avail themselves to all such training with regard to the specific duties of the job classification.

41.2 Employees who are interested in pursuing private courses in the country shall write for approval from their Head of Department and the Head of Human Resource before the

course can be taken. Employees shall be reimbursed with the total cost/partial cost of the course if they successfully pass their final exams.

41.1 Study leave with pay may be granted to an employee with three (3) or more years of service with the company for a period of not more than thirty-six (36) months. It will be at the discretion of Management to regard the period thereafter as leave with or without pay.

41.2 Educational Grant

55% of an employee's one (1) month basic salary will be granted to each confirmed employee as educational scholarship per year.

41.3 Educational Loan

The employer may grant an additional loan which is the equivalent of the employee's one (1) month basic salary to help meet the cost of education of an employee's children. Such a loan may be repaid within three (3) months and shall be subject to the loan limitation of Article 15.3.

ARTICLE 42 - RECREATIONAL PROGRAMME

42.0 The employer and Union recognize the need for organized sporting and recreational activities i.e. football, cards, ludo etc. and shall co-operate and establish such activities.

ARTICLE 43 - INDUSTRIAL INJURY

43.1 All employees covered by this Agreement shall be covered by the Workmen's Compensation Law, PNDC Law 187 (1987).

43.2 In the event of an employee being injured whilst on duty and resulting in his death, the designated beneficiary shall be entitled to an amount to be discussed administratively with the Union.

This will be in addition to other benefits such as Workmen's Compensation, Social Security Pension Scheme and the Provident Fund Scheme.

43.3 In the case of dental and optical treatment necessitated by injuries arising out of and in the course of his employment, the company shall bear the cost of dentures and lenses prescribed in addition to the treatment received as certified by the Company's Doctor or a recognized medical officer from the Factories Inspectorate Department.

43.4 Where an employee who has been served with a notice of termination of employment is injured in the course of employment, the Company shall bear the cost of his treatment under the terms of the conditions of the Workmen's Compensation Act even if the incapacitation extends beyond the date of termination of employment.

43.5 Industrial injury must be reported to management through the filling of Injury / Accident Form by the Supervisor on duty and endorsed by the Head of Department before forwarding it to the Human Resource Office within twenty-four (24) hours of the injury occurring.

ARTICLE 44 - FRUSTRATED WORK

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

ARTICLE 45 - LEGAL ASSISTANCE TO DRIVERS

45.1In the event of criminal proceedings being taken against a company driver involved in an accident while driving a company vehicle in the course of his duties, the company shall provide legal counsel for his defense depending upon the nature of the offence.

45.2 The employer shall renew a driver's license once he remains in the service of the company.

45.3 The employer shall arrange and pay for eye tests for company's drivers and sighters at the production department.

ARTICLE 46 - LONG SERVICE AWARD

46.1 The employer shall reward long standing employees who have continuously served the company for ten (10), fifteen (15), twenty (20) and twenty-five (25) years and above as follows:

Ten (10) Years of continuous service

- Five (5) cases of company's products plus a 14"colour television and a framed certificate.

Fifteen (15) Years of continuous service

- Ten (10) cases of company's products plus a 20"colour TV and a framed certificate.

Twenty (20) years of continuous service

- Twenty (20) cases of company's products plus a medium-sized deep freezer and a framed certificate.

Twenty -five (25) years or more of continuous service

- Thirty (30) cases of company's products plus a large sized deep freezer and a framed certificate.

ARTICLE 47 - DISCIPLINARY PROCEDURE

47.1 We are all required to follow company rules, regulations, policies and procedures in order to ensure safety, security, effectiveness and efficiency. The primary purpose of the disciplinary procedure is to maintain an orderly, controlled and efficient working environment and to achieve improvements where there is a conduct and or performance problem.

47.2 In addition to meeting and maintaining expected standards of work performance and personal conduct, the employee is required to:

i. Protect the company's reputation, image and relationship with other employees, customers, suppliers and the general public.

ii. Ensure proper safeguarding of the company's property, materials, funds and confidential information against misappropriation, theft and misuse.

iii. Exercise reasonable care in ensuring the health, safety and well being of all other employees, customers, suppliers and members of the general public with whom he comes into contact during the course of his work.

47.3 The disciplinary procedure applies to all employees and is designed to accomplish improvements in performance and or conduct. Only in cases where there are persistent or grave failures to meet the company's rules will the disciplinary action result in termination of employment.

47.4 Cases of minor breaches of the required standards such as poor time keeping and poor standard of work will be dealt with by the Supervisor/ Sectional Head/ or Head of Department as they occur.

47.5 At all stages in the disciplinary procedure, an employee will be informed of the nature of the breach of the standard and the issue will be properly investigated. An employee would be given the right to speak up for himself stating his case and giving an explanation of events and the circumstances. He would also have the right to appeal.

47.6 Similarly at all stages, the disciplinary action would be clearly explained to him including the consequences of the recurrence of below-standard performances and or conduct. The whole process would be recorded and a copy placed on the employee's personal file.

47.7 Where the disciplinary action is a minor breach or a serious case of misconduct, no disciplinary action will be taken until the case has been thoroughly investigated. This will be promptly done.

In some cases where disciplinary action is being investigated, it might be inappropriate for the employee to continue his duties. In such cases, the employee will be interdicted on half pay.

Where there are no adverse findings against the employee after the investigation, he shall be recalled from interdiction and his salary arrears paid back to him in full. Except in special circumstances, no employee shall be on interdiction for more than two (2) months.

In some cases, serious breaches of the terms and conditions of employment shall warrant suspension from duty without pay for a period not exceeding One (1) month.

The disciplinary procedure has four stages:

47.8 Stage 1: Verbal Warning

In the first instance of a minor offence, an employee shall be given a verbal warning by his immediate Supervisor in the presence of a Shop Steward or Union Executive and the Human Resource Manager, highlighting the nature of the offence and indicating that a written warning will result if service or conduct is not improved. Details of the discussion would be put on the employee's personal file.

47.9 Stage 2: First Written Warning

In the event of a reoccurrence or continuance of the minor offence or any serious breach of discipline, the employee shall be given the first written warning by his sectional manager. This letter would spell out the nature of the offence and indicate that if services and or conduct do not improve, further disciplinary action shall occur in the form of a final warning. A record of this warning shall be put on the employee's personal file with a copy to the Local Union.

47.10 Stage 3: Second and Final Written Warning

A further lapse in performance or conduct would result in a second or final written warning. This would contain a statement advising that any further breach of performance or conduct would result in termination. This warning will be issued by his Head of Department with a copy placed on the employee's personal file and a copy to the Local Union.

47.11 Stage 4: Discharge

Continued unsatisfactory performance or conduct shall result in termination.

47.12 Summary Dismissal

The following offences shall constitute Serious Misconduct which will result in Summary Dismissal.

a. Gross insubordination, dishonesty

b. Physical violence, (fighting) at the company premises or with clients whilst on business of the company.

c. Drunkenness

d. Smoking in prohibited areas.

e. Possession of weapons / explosives on the company's premises at any time without prior permission from the Chief Executive Officer.

f. Stealing of company or other employees' property, embezzlement of the company's funds/money.

g. Falsification of records (i.e. invoice, cheque, falsification of attendance records, etc.).

h. Malicious damage/destructionof company or other employees' property or intentional sabotage of normal company activities.

47.13 Alternative penalties for the above offences to be applied at the discretion of management depending on the circumstances and the gravity of the offence may include but not limited to the following:

i. Termination with or without benefit.

ii. Reduction in level/grade, that is, the removal to a lower level with an immediate reduction in salary.

iii. Reduction in salary, that is, immediate adjustment of the salary to a lower point or salary range attached to the post in question.

47.14 Disciplinary action is always with the objective of getting an employee "back on track" where a performance or conduct problem has arisen. Its objective is not to punish employees.

47.15 Written warning shall cease to be effective after twelve (12) calendar months. Persistent offenders will however be treated in accordance with their previous records even though they may have been ineffective after twelve (12) calendar months from the date of the written warning.

47.16 If any employee or Union member believes that discipline issued under this article is improper, all the provisions of Article 49, (Grievance Procedure) are available and may be utilized to handle such situations.

ARTICLE 48 - DISCIPLINARY COMMITTEE

48.0 The employer shall form a five (5) member adhoc disciplinary committee made up of two (2) management representatives, two (2) Union representatives and one (1) senior staff (mutually selected by management and union) to investigate any serious misconduct leveled against any employee. The employee together with any witness thereof shall avail themselves to the committee for investigation. The committee shall make recommendations based on their findings to management for disciplinary action if necessary.

ARTICLE 49 - GRIEVANCE PROCEDURE

Step 1: In the event of any grievance, the employee shall as a first step, take the matter up with his immediate Supervisor/Sectional Manager. 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 the Human Resource Manager.

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

Step 4: If after Union/Management meeting the matter remains unresolved, The Local Union shall inform the Regional Industrial Relations Officer to settle the issue.

Step 5: If after Step 4 the matter remains unresolved, the Union will summon the Standing Negotiation Committee to meet in an endeavor to reach an Agreement. If the committee fails to resolve the matter, either party may proceed to the National Labour Commission for settlement.

ARTICLE 50 - CERTIFICATE OF SERVICE

50.0 On leaving the service of the employer, a certificate of service shall be awarded if requested by the employee.

ARTICLE 51 - TRANSPORT

51.1 In the interest of punctuality, maximum efficiency and high productivity, the company shall provide free transport at designated points to convey its employees to and from work.

51.2 In the absence of company vehicle to convey workers to and from work, a transport allowance of GHC 4.40 shall be paid to each employee per working day.

51.3 As has been the practice, Union could advise Management to review transport allowance when necessary.

ARTICLE 52 - HEALTH AND SAFETY

52.1 The company shall make provision for the health and safety of its employees at the plant during working hours.

52.2 The company shall provide devices and other equipment necessary to protect the employee from industrial injury.

52.3 There shall be a Health and Safety Committee comprising of both Management and Union members. This committee will ensure the compliance of health and safety rules of the company.

ARTICLE 53 - INCENTIVE BONUS

53.0 In an endeavor to raise productivity, the employer can institute an incentive bonus scheme to cover sections or departments, where applicable.

ARTICLE 54 - ANNUAL BONUS

54.0 At the discretion of management and depending on the profitability of the company, management shall pay annual bonus to all categories of employees.

ARTICLE 55 - TERMINATION / RESIGNATION NOTICE

55.1 A confirmed employee shall give or be given a one (1) month notice of termination or resignation of his employment or pay in lieu of notice.

55.2 Notice of termination of appointment or of resignation shall be in writing.

ARTICLE 56 - LOAN FOR TRANSPORT

56.1 An employee holding a post certified by the employer as requiring specific means of transport may be assisted with a loan towards the purchase of a vehicle subject to management's discretion.

56.2 Such loans, if approved, would cover license, insurance and repairs of the vehicle and shall be recovered in six (6) monthly installments subject to the total loan limitation in Article 15.3.

ARTICLE 57 - LOAN FOR HOUSING

57.1 Any required assistance will be granted to employees of the company who own houses to enable them obtain bank loans for renovations to be carried out on their houses subject to the provision of the relevant documents.

Loan deductions from the bank shall not exceed 40% of the staff's monthly net salary. Any excess(es) shall be subject to management's discretion.

ARTICLE 58 - RESPONSIBILITY OF BOTH PARTIES TO THE AGREEMENT

58. 0 Both parties recognize that this Agreement imposes serious duties and responsibilities on the Union as well as the employer. Where there is a dispute in the interpretation of any of the conditions of service, the relevant negotiation minutes shall be used to assist in resolving the dispute.

Nothing in this Agreement will worsen any individual's existing conditions of service, provided that, this article shall not apply where changes in any individual's existing conditions of service have been agreed between parties to this Agreement.

Signed for and on behalf of - SBC Beverages Ghana Limited

GEORGINA AMOH-AGYEI (MRS.) (Human Resource Manager)

IVAN OBLITEY ASHONG (Internal Audit Manager)

Signed for and on behalf of - Industrial & Commercial Workers' Union Ghana

JOSEPH GYAMFI (L/U Chairman)

HENRY ATAKEY (Snr. Industrial Relations Officer)

MARK ETSE AHAFIANYO (L/U Secretary)

APPENDIX 'A'

STAFF SALARY STRUCTURE-EFFECTIVE JANUARY 2011

BASIC MONTHLY SALARY - AMOUNT IN GHC

SALES & MKTG.

PROCUREMENT

INTERNAL AUDIT

H/R & ADMIN.

FINANCE

INVENTORY

PLANT MAINTENANCE
LEVEL MTCE. PROD. QUALITY

WORKSHOP

J 1 230.00 230.00 230.00 230.00 230.00 230.00 230.00 220.00 220.00 250.00
J 2 200.00 190.00 190.00 190.00 190.00 190.00 200.00 180.00 180.00 200.00
J 3 180.00 150.00 150.00 170.00 150.00 150.00 170.00

APPENDIX 'B'

STAFF SALARY STRUCTURE-EFFECTIVE JANUARY 2011 ANNUAL SALARY - AMOUNT IN GHANA CEDIS

SALES & MKTG. PROCUREMENT INTERNAL AUDIT H/R & ADMIN. FINANCE INVENTORY PLANT MAINTENANCE
MTCE. PROD. QUALITY WORKSHOP
LEVEL 2,760.00 2,760.00 2,760.00 2,760.00 2,760.00 2,760.00 2,760.00 2,640.00 2,640.00 3,00.00
LEVEL 2,400.00 2,280.00 2,280.00 190.00 2,280.00 2,280.00 2,400.00 2,160.00 2,160.00 2,400.00
LEVEL 2,160.00 150.00 1800.00 2,040.00 1800.00 1800.00 2,040.00

SBC Beverages Ghana Limited - 2015

Start date: → 2015-01-01
End date: → 2016-12-31
Ratified by: → Other
Ratified on: → 2015-01-01
Name industry: → Manufacturing
Public/private sector: → In the private sector
Concluded by:
Name company: → SBC Beverages 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, but only if the employer wishes to

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 92 %
Maximum days for paid sickness leave: → 330 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: → 12 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → No
Prohibition of discrimination related to maternity: → No
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → 
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: → 10 days
Leave duration in days in case of death of a relative: → 5 days

EMPLOYMENT CONTRACTS

Trial period duration: → 180 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 week: → 40.0
Working days per week: → 5.0
Paid annual leave: → 24.0 days
Paid annual leave: → 4.0 weeks
Paid bank holidays: → Christmas Day, Easter Monday, Eid-il-Fitr, Army Day / Feast of the Sacred Heart/ St. Peter & Paul’s Day (30th June)
Paid leave for trade union activities: → -9.0 days
Provisions on flexible work arrangements: → No

WAGES

Wages determined by means of pay scales: → No
Wages specified according to skill level: → 0
Wages specified according to job title: → 0
Adjustment for rising costs of living: → 

Wage increase

Once only extra payment

Once only extra payment due to company performance: → Yes

Premium for evening or night work

Premium for evening or night work: → 125 % of basic wage
Premium for night work only: → Yes

Payment for standby work

Payment for standby work: → GHS 7.0
Payment for standby work Sundays only: → No
Payment for standby work all days per week: → Yes

Premium for overtime work

Premium for overtime work: → 125 % of basic wage

Premium for Sunday work

Premium for Sunday work: → 100 %

Allowance for commuting work

Allowance for commuting work: → GHS 132.0 per month

Allowance for seniority

Allowance for seniority after: → 10 years of service

Meal vouchers

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