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COLLECTIVE AGREEMENT BETWEEN UNION OF PRIVATE SECURITY PERSONNEL (JPSP) AND G4S, GHANA

JUNE 1st 2009

1.0- INTRODUCTION

G4S Security Services (Ghana) Limited the [COMPANY] recognizes the [Union of Private Security Personnel (UPSP)] the [UNION] for the purposes of negotiations, consultation and representation as outlined in this Collective Agreement.

1.1 PARTIES TO THE AGREEMENT

This agreement is made between G4S Security Services (Ghana) Limited herein after called the Employer/ Company] and the Union of Private Security Personnel [UPSP]

which is officially certified and recognized under the Labour Act 651 of 2003 as the UNION negotiating with the Company on all matters connected with employment, non- employment or with the conditions of Labour of any of the employees for whom the Union is certified to negotiate.

1.2 PURPOSE OF THE AGREEMENT

The purpose of this Collective Agreement is to promote mutual cooperation and understanding between the Company and the Union and set forth herein basic rates of pay. hours of work and other related conditions of service.

1.3 SCOPE OF AGREEMENT

This Collective Agreement [CA] shall cover all class of workers who are covered by the Collective Bargaining Certificate: and are in the service of the COMPANY at the time of concluding and signing of this Collective Agreement. It shall also cover all workers who are covered by the Collective Bargaining Certificate that shall be engaged by the Employer while this Agreement is in force; and shall supersede any existing contract of employment or service conditions before this Collective Agreement came into force unless the latter seeks to worsen any existing contracts of employment or service conditions.

It shall also apply to all similar class of employees of the Company who are covered by the Collective Bargaining Certificate who shall be located in other parts of the country as a result of the extension or transfer of the company’s facilities.

A copy of this Collective Agreement shall be made available to every employee.

1.4 DURATION / EFFECTIVE DATE OF THE AGREEMENT

The duration of this Collective Agreement except wages shall be for a period of two [2] years commencing from 1st June, 2009 to 31st May, 2011

1.5 ANNUAL WAGE / SALARY REVIEW

Wages and Salaries of employees shall be reviewed annually.

1.6 INTERPRETATION OF THIS AGREEMENT

The final and conclusive interpretation of this Agreement shall be made by the Standing Joint Negotiating Committee subject to the provisions of the Labour Act 651 of 2003.

1.7 LABOUR ACT 651 OF 2003

Whenever this Agreement is found to be silent on any issue that arises between the Company and the Union, the provisions pertaining to that particular issue in the Labour Act 651 of 2003 shall apply.

2.0 UNION STATUS

2.1 UNION SHOP STEWARDS / LOCAL EXECUTIVES

The Company recognizes the right of the Union to designate Shop Stewards and Local Executives to deal with such business as may from time to time be delegated to them by the Union and other matters pertaining to industrial relations at the local level.

The Union undertakes to notify Management of such appointments as follows: -

The identity of the Local Union Executives shall be provided to management by the National Union; while that of the shop stewards shall be provided by the Local Union Executives.

2.2 UNION NOTICE BOARDS

The Company will make facilities available for the Union to communicate with all its members. Such communications will be agreed in principle with the Company in advance.

These facilities will include:

a. Access to designated Company notice boards for authorized communications which shall include announcement of Union

meetings educational and social activities and Collective Agreements concluded between the Company and the Union.

b. Facilities for distributing Union communications and publications.

2.3 CHECK-OFF SYSTEM [TRADE UNION DUES]

a) Every employee who is a member of the Union and is covered by this Collective Agreement shall pay monthly union dues as well as any assessment levied or specified by the Union by the check-off system.

b) The Union shall be required to submit to the Company, documentary resolutions of agreements reached at national and locals levels before any such deductions are made.

c) The Company undertakes to make deductions from the salaries and wages of all employees who are members of the union and are covered by this Agreement and for whom the Company has received documented evidence of Union membership and authority to make deductions. Deductions will be disbursed as directed by the Union.

2.4 PERMISSION FOR UNION MEETINGS / ACTIVITIES

a. The Company agrees the Union is permitted to gather its members who are its employees on the Company’s premises for Union meetings provided that the Company is informed of such a meeting forty eight [48] hours before such a meeting is scheduled to take place.

b. However, emergency meetings with shorter periods of notice shall be considered. These meetings shall not be conducted during the official business hours of the company except with the consent of the Company

c. Subject to expediency of the job. the Company shall allow representatives of the Union who are in its employment to attend to Union activities on working days provided the Union notifies the Company of this request forty-eight [48] hours before the date for such an activity. In doing so, the Union shall provide the names of employees on whose behalf the notice is being given. However, in the case of emergencies, the notice may be shorter.

d. The duration of absence shall be subject to negotiation between the Union and the Company.

2.7 ADMISSION OF EXTERNAL UNION REPRESENTATIVES

a) The Company shall permit Union Representatives from the Headquarters and Regional Branches etc, to be admitted to the Company’s premises in connection with Union business.

b) Visiting Union Representatives shall comply with the Company’s normal procedures for visitors with respect to security and safety and shall not behave to intercept or interfere with any work without the Company’s consent.

2.8 MANAGEMENT / LOCAL UNION MEETINGS

a There shall be quarterly management / local union meetings to discuss and resolve issues that affect the well being of both the Company and Employees.

b Notices for such meetings shall be served for a period of forty eight [48] hours prior to the meeting date. Agenda for discussions at the meeting shall always accompany the notices to be served.

c However, in emergency situations, either party may give a shorter period of notice of such meetings to the other.

3.0 CONDITIONS OF EMPLOYMENT

3.1 EMPLOYMENT PROCEDURE & PROBATION

a. Employment procedure shall comply with the Labour Act, 2003 (Act 651).

b. On engagement, an appointment letter shall be prepared for each employee, showing his grade and salary / wage scale and his period of probation as well as his status after successfully completing the probationary period.

c. After training, every employee shall serve a probationary period of three [3] months.

d. After successfully completing the probation, the employee shall through his supervisor inform the Human Resource Manager, who shall effect the change of status.

e. Subject to the successful completion of the probationary period, unless otherwise advised to the contrary by the Company, the employee shall be deemed as a confirmed, permanent employee.

Upon engagement of any employee the Company shall furnish him with details of the following

a. Job Title

b. Wage / Salary

c. Initial Location

d. Initial Schedule of work

The Employee shall furnish the Company with the following for vetting purposes;

a. Personal history indicating names and ages of dependants, marital status, educational background, work experience, professional qualifications/ skill etc.

b. A medical report from the Company’s designated medical officer,

c. One set of finger prints taken by the Police.

d. Four [4] passport size photographs of the Employee.

e. An undertaking by the Employee not to indulge in any moonlighting activity with any organization that competes with the Company.

f. A copy of a valid identification card or passport.

g. Bank account details

3.2 CREATION AND CLASSIFICATION OF NEW JOBS

Questions relating to classifications of new jobs and rates of pay shall be resolved by the Company and the Union. Where there is a disagreement, the matter shall be referred to the National Labour Commission.

3.3 [A] HOURS OF WORK

Generally, the Company shall maintain the normal Eight [8] hour per day period of work. [i e 40 hours in a week of five [5] days]

However, actual hours of work and work schedule may vary in different sections / departments to suit the operational requirements of the Company.

By the operational requirement of the Company, all excess hours worked beyond the normal Eight [8] hours a day or forty [40] hours a week of five [5] days by the Employee shall be paid as overtime according to the rates agreed upon by parties to this Collective Agreement.

Non-Operational and Administrative staff shall work for five and a half (5 /2) days in a week with a One [1] hour unpaid meal break included, [i.e. Mondays to Fridays from 0800 to 1700hours].

The half (1/2) day as indicated in paragraph [d] above shall be from 0800 hours to 1200 hours on Saturdays only.

3.3 [B] OVERTIME RATES OF PAYMENT

Time worked in excess of the normal working hours defined in clause [3.3 [A] above will be paid at overtime rates follows:-

i. Normal working days..........115%

ii. Standfast.............................150%

iii. Sixth [6] day overtime.......115 %

iv. Public Holidays..................200 %

v. Off Duty...............................200 %

3.4 WAGES AND SALARIES

The parties to this Agreement shall observe the wages / salaries structure as per Appendix [1] attached to this Agreement.

The Employee shall receive a pay that commensurate with his job classification as specified in this Agreement.

Salaries and Wages shall be paid not later than the last day of every month; and every employee shall be given his pay-slip. Such dates shall be published to employees at the beginning of the year.

However, in event when salaries and wages cannot be paid on the published dates of the month, notice must be brought to the employees together with the new date of payment for that particular month.

3.5 FRUSTRATED WORK

When a worker reports for duty on his normal working days and due to no fault or his/her he is ordered to leave or stop work by the Company or any other person in the authority of the Company before the worker can complete the full day's hours of work, he shall receive the full pay for the day

3.6 WORKMEN’S COMPENSATION

In the event that a worker suffers occupational disease, dies, or suffers personal injuries by accident arising out of. and in the course of his employment, the current workmen's compensation law in force shall apply.

A Union representative shall be present in all cases of payment of the workmen's compensation by the Company

The Company may offer an alternative job to the incapacitated employee whose incapability was due to injuries sustained in the course of employment duty.

3.7 TRAINING WITHIN INDUSTRY

The Company shall encourage and assist employees to attain high levels of education applicable to the Company’s interests.

3.8 FILLING OF VACANCIES

When a post becomes vacant or is created, prior consideration shall be given to permanent existing employees who are qualified by way of experience and education when filling the positions.

Employees shall whenever possible and practicable be informed through internal advertisements of such vacancies as they occur to enable employees in other departments with the lower grades to apply.

3.9 INCENTIVE SCHEME

a. [ANNUAL BONUS]

The Company may pay a bonus based on it achieving its budget in any calendar year. In the event that bonus is paid, it shall be as follows:

I. 0 to 3 months service..........No annual bonus payment

II. 4 to 11 month service........1 month basic pay pro-rated

III. 12 months and above.......1 month basic pay

Payments of annual bonus to employees shall be made not later than 31s' day of January of every year

b. SOCIAL SECURITY AND NATIONAL INSURANCE TRUST SCHEME

The Company agrees to comply with the state's Social Security and National Insurance Trust scheme by deducting and paying the worker’s contribution of five [5%] of the worker's basic monthly pay/salary into the SSNIT fund every month.

The Company also agrees to pay a contribution of an amount equal to [12.5 %] of the worker's basic monthly pay/salary into the SSNIT fund every month.

3.10 TRANSFER

All employees are transferable on duty to any town or location in Ghana where the Company operates.

Written transfer notice shall be served onto the employee Seven [7] clear days before the effective date for departure to the new station.

In emergency cases, the employee shall comply with the transfer notice from the Company within twenty-four [24] hours and the Local Union shall be notified.

The Company shall be responsible for the provision of or payment for transport or transportation of the personal effects and not more than one spouse and three dependants under [18] years of age who are not married.

In the event that the transferred employee leaves the service of the company on grounds of redundancy, resignation or termination [other than summary dismissal] the Company shall bear the cost of traveling expenses of the employee, not more than one spouse and three unmarried dependants under eighteen [18] years of age to his original place of engagement.

Fares payable by the Company shall not exceed the approved state transport company fare prevailing at the time.

3.10 (b) TRANSFER DUE TO INCAPACITY FROM INDUSTRIAL / OCCUPATIONAL ACCIDENTS

If the transfer of the employee has been necessitated by an incapacitation from an industrial / occupational accident and it will involve a change in the job classification of the employee, the employee may be given the option of accepting the transfer or a redundancy on medical grounds.

In event where the employee accepts the transfer, the employee’s salary / wage shall be protected in the new group when the salary range in the new group is lower.

Where the salary range in the new group is higher, the employee's salary / wage shall be changed to commensurate his new job classification in that new group.

4.0 LEAVE

4.1 [A] ANNUAL LEAVE

The standard paid leave allocation per employee shall be as follows:-

i. One year service [12 months]...........15 working days

ii.Two year service [24 months]...........18 working days

iii.Three yrs & above.............................21 working days

Employees employed before 31st December 1999 shall continue to be entitled to annual leave allocation of twenty - eight [28] working days.

Paid leave shall include only the employee’s basic pay/salary without allowances and monthly incentives / bonuses.

4.1 [B] ANNUAL LEAVE SCHEDULES

Employees shall always determine when they may like to take their annual leaves on condition that they might have completed the twelve [12] month period of service; however, all leaves are subject to advance written applications which are subject to the approval of the local operational management team .

4.1 [C] LEAVE INTERUPTION

Every employee shall enjoy an unbroken period of leave; however, the Company in cases of urgent necessity in accordance with the provisions of this agreement may require an employee to interrupt his/her leave and return to work.

Where an employee is required to interrupt his/her leave by the Company in the circumstances specified in fa] above, he/she shall not forfeit thereafter his right to take the remainder of his/her leave but shall take such leave any time thereafter.

Where an employee is required to interrupt his/her leave in the circumstance stated in [a] above, it shall make up to the employee reasonable expenses incurred on account of the interruption on resumption of such leave.

4.1 COMPASSIONATE LEAVE

Paid compassionate leave at basic hourly rate of pay shall be granted to employees upon the death of a spouse, child or parents who are registered with the Company. To qualify, an employee must have completed one [1] year of continuous service.

4.2 MATERNITY LEAVE

Female employees having completed at least twelve [12] months service prior to their confinement, shall be granted twelve [12] weeks maternity leave paid at the basic rates.

Following the employee’s return to work, she shall be allowed feeding time of one [1] hour in the morning and one [1] hour in the afternoon until the child is nine [9] months old.

The period of maternity leave may be extended for at least two [2] additional weeks where the confinement is abnormal or where in the course of the same confinement two or more babies are born.

Where an illness, medically certified by a medical practitioner, is due to her pregnancy, the woman worker is entitled to additional leave as certified by the medical practitioner.

Where an illness, medically certified by a medical practitioner, is due to her confinement the women worker is entitled to an extension of the leave after confinement as certified by the medical practitioner.

A nursing mother is entitled to interrupt her work for an hour during her working hours to nurse her baby.

Interruptions of work by a nursing mother for the purpose of nursing her baby shall be treated as working hours and paid for accordingly.

An employer shall not dismiss a woman worker because of her absence from work on maternity leave.

4.4 SICK LEAVE

Paid sick leave at basic rates which shall not be deductible from annual leave days, shall be granted to employees who are absent from work due to short illness. Such sick leave shall always be authorized by a Medical Certificate issued by a certified medical practitioner.

The employee shall notify the Company at least two [2] hours before the start of his shift, of his inability to come to work due to sickness.

Medical Certificates to be submitted by the sick employee as provided for in [a] above shall indicate the following:-

I. Employee’s Name

II. Date of attendance to the hospital

III. Nature of illness (Up to the discretion of thee Medical Practitioner)

IV. Number of days for the sick leave

V. Name and Signature of the administering Medical Practitioner

VI. Address and location of the hospital / clinicattended

VII. Treatment provided, and

VIII. Official stamp of the hospital / clinic the employee visited.

4.5 COMPASSIONATE LEAVE / LEAVE WITHOUT PAY

a. An employee shall be granted compassionate leave to attend to the death of child, spouse, or parent.

b. In all instances, a maximum of eight [8] clear days within the calendar year, which shall not be deducted from the employee’s annual leave shall be granted upon request.

c. In all cases the number of leave days granted shall be with basic pay.

d Where the employee has exhausted all leave facilities and is faced with similar emergency situations as described in 4.5 [a] above, the Company may grant leave without pay to the affected employee.

4.6 PUBLIC HOLIDAYS

Public Holidays shall be in accordance with the public holidays currently declared by the state and they shall be observed as such by the company.

5.0 FACILITIES TO BE PROVIDED BY THE COMPANY

5.1 HEALTH AND SAFETY

a. The provisions of the factories, offices and shops Act 1970 [Act328] as well as the provisions on occupational health and safety in the Labour Act [651] of 2003 shall be strictly observed.

b. The Company shall make reasonable provisions for the safety and health needs of employees.

c. Adequate protective and safety equipment which will remain the property of the Company shall be provided to all employees.

d. Protective and safety equipment supplied by the Company shall solely be for the use of the employee in the performance of his duties. The employee is required to ensure that equipment issued to him is available for use at the place of work whenever required.

e. To promote safe working conditions and feeling of safety consciousness among employees, authorities in various sites and locations shall periodically hold safety briefings with employees.

f. In the cases of employees located on mine sites, quarries, precast, smoke and dusty areas, there shall be medical checkups sponsored by the Company before deployment of employees.

5.2 PROVISION OF MEDICAL FACILITIES

a. The company shall reimburse the employee with the cost of registration on to the National Health Insurance Scheme (NHIS) on assumption of work.

b.The Company shall grant loans to Employees for the payment of premiums and registrations of their spouses and up to Two (2) unmarried children below eighteen (18) years (provided that these dependants were registered with the Company on the employees’ date of hire or as at when they are born) onto the National Health Insurance

Scheme upon application The maximum amount of money to be granted shall be GHc 35.00.

Application for the loan facility shall include the relevant documentations from the National Health Insurance Service Providers.

The recovery period for the loan facility which shall be from source when granted to the employee shall be five [5] months.

The loan facility shall cover employees who have served the Company for six [6] months and above.

6.0 FUNERAL GRANTS

The Company shall provide funeral assistance of GHc 25.OO to the employee in the event of the death of a parent who is registered with the Company.

The Company shall provide funeral assistance of GHc 150.00 to the employee in the event of the death of a family member (including spouse and children) who is registered with the Company.

The Company shall provide funeral assistance of GHc 300.00 to the bereaved family in the event of the death of a current employee.

Death benefits payable to the estate of the current employee who dies shall include the following:-

i. Full severance pay, calculated at one month basic pay for each year of service to the company.

ii. Pay to date of employee’s death including all bonuses and allowances

iii. One additional full month’s pay including all bonuses and allowances

7.1 GENERAL RISK ALLOWANCE (MAN-GUARDS)

An amount of GHc 2.OO shall be paid to all operational guards every month as risk allowance. Any absence from duty will result in a deduction in the allowance on a pro-rata basis.

7.2 SPECIAL RISK ALLOWANCE (ALARM REACT TEAM)

An amount of GHc 45.OO per month shall be paid to all employees who are employed to perform in the Alarm React Team as special risk allowance. Any absence from duty will result in a deduction in the allowance on a pro-rata basis.

7.3 TRANSPORT SUBSIDY

An amount of GHc 5 per month shall be paid to all employees as transport subsidy.

7.4 OUT OF DUTY STATION ALLOWANCE

a. An employee who is required to work outside his duty station shall be entitled to:

i. Accommodation allowanceGHc 35 per night.

ii. Food allowanceGHc 8 per day.

b. Where the Company provides accommodation and meals the employee shall not be entitled to cash equivalent of these benefits.

7.5 ACTING ALLOWANCE

a. Where an employee performs the full duties of a post in a higher classification, he will be paid an acting allowance of twenty - five (25 %) of his basic monthly pay/salary.

b. No employee shall qualify for the payment of acting allowance unless he has continuously carried out the duties of the post in the higher grade for a minimum period of fourteen [14] working days. The acting allowance shall be paid in lump sum at the end of every month within the period of acting by the employee.

c. An employee who performs the duty of a higher post for at least three [3] months continuously, and who under normal circumstances would have become eligible

for consideration to fill the existing vacancy in the grade in which he is acting may be considered by the Company for promotion to fill the post substantively.

d. Trainees, however, shall be required to act in different posts for specified periods of time and the work involved will not entitle them to this allowance.

e. Under no circumstance shall acting allowance be paid to any employee who is assigned to be trained prior to promotion into a higher grade. However, the period of training which shall not exceed three [3] months shall specifically be indicated to the employee in writing.

8.0 DISCIPLINE AND DISCHARGE

DISCIPLINARY PROCEDURE AND CODE

A. INTRODUCTION

1 Purpose Of Disciplinary Action

2. Deference Between Misconduct And Incapacity/Non-Performance

3 Classification Of Cases

4.Use Of Procedures

5 Conditions Of Employment

6. Application Of Procedures

B. DISCIPLINARY PROCEDURE

1.Objectives Of The Disciplinary Procedure

2. Management's Responsibility

3. Definitions

4. Forms Of Disciplinary Action

5. Scope Of The Disciplinary Code And Procedure

6. The Disciplinary Code

7. Explanation Of Each Disciplinary Action

8 Suspension Pending Outcome Of A Disciplinary Hearing

9. Appeals Against Warnings

10. Disciplinary Hearings

11. Procedure Of A Disciplinary Hearing

12. Considerations For Dismissal For Misconduct

13. Appeals Against The Decision Of A Disciplinary Hearing

14. Implementation Of Disciplinary Decisions

15. Disciplinary Procedure Flow-Chart

C.INCAPACITY COUNSELLING PROCEDURE

1. Introduction

2 Reasons For Incapacity

3 .The Counselling Procedure

4. Considerations For Dismissal For Incapacity 5Gross Negligence

6. Counselling Procedure Flow-Chart

A. INTRODUCTION

1. Purpose Of Disciplinary Action

Corrective disciplinary action may be taken by management against any employee who is in breach of their Contract of Employment either on account of misconduct or incapacity. The purpose of these procedures is to provide appropriate processes for dealing with these two types of situations in a manner, which is predictable, consistent and fair. The procedures set out herein are intended to act as guidelines to management and employees and are not intended to be followed with the exact precision of criminal indictments. The principles of fairness and equity shall govern the application of discipline at all times.

2. The Difference Between Misconduct And Incapacity

Before dealing with a particular case, it is important to first determine whether it is a case of misconduct or incapacity. The reason for this is that different procedures are used to deal with each type of case.

2.1 Misconduct cases involve intentional or negligent fault on the part of the employee. Examples of misconduct may include a breach of law (e.g. theft, assault etc.) or of a company rule or condition of employment. The appropriate procedure to follow is the disciplinary procedure, which is designed to correct the employee’s conduct. Serious or repeated misconduct may result in the employee’s dismissal.

2.2 Incapacity cases involve unintentional fault on the part of the employee. This category has two sub-categories, namely poor work performance and ill health. Examples of poor work performance include the employee’s inability to do the job through lack of knowledge or skills, incompetence, etc. this sub-category also includes the more difficult cases of a social nature e.g. incompatibility, poor social skills etc.

Examples of ill health include short or long term illnesses or injuries The appropriate procedure to follow is the counselling procedure It is designed to assist the employee to perform to the required standards Failure to improve performance to the required standards within a reasonable period of time may result in the termination of the employee’s Contract Of Employment. The counselling procedure is therefore designed to solve the problem in a sympathetic manner.

Classification Of Cases

Each case should first be classified as one of misconduct or incapacity so that the correct procedure may be used. There may be cases which are difficult to classify as misconduct or incapacity, or which contain elements of both. In such cases, the manager or supervisor should refer to the definitions to assist with the classification. Usually, the deciding factor is whether or not the employee is at fault. If fault is involved it is usually a misconduct case. If no fault is involved it is usually a case of incapacity.

Use Of Procedures

The responsibility for maintaining and administering the disciplinary and counselling procedures rests with operational management.

Work Practices

The disciplinary code and procedure and counselling procedures do not form part of the terms and conditions of employment of employees. They are the company’s work practices that are subject to change from time to time in accordance with the company’s operational requirements and changes in legislation and precedent from the Labour Court and other such statutory bodies.

Application Of Procedures

The procedures, which follow, deal firstly with the misconduct cases and then with the incapacity cases.

A. DISCIPLINARY PROCEDURE

1.O bjectives Of The Disciplinary Procedure

1.1 The primary objective of the Disciplinary Procedure is to initiate corrective action where the behaviour of an employee is unacceptable.

1.2 The procedure will ensure a thorough investigation of all the facts by operational management prior to the implementing of disciplinary action. The complainant manager should keep a record of the investigation.

1.3 An employee may, if he wishes, be represented in any disciplinary hearing by a recognised Local Union Executive or a co-worker of his choice; provided that such representative is employed in the same Area/Region of that of the employee.

1.4 No employee will be dismissed without a disciplinary hearing being held, and the reasons for such dismissal being given to him in writing by the disciplinary hearing chairperson or his relevant Manager.

1.5 An employee shall have the right to make an appeal, in writing, to the HR Department.

1 6 Final Written Warnings shall have a duration of 6 (six) months, Severe Written Warnings 3 (three) months; and Written Warnings 3 (three) months.

1.7 It is acknowledged and accepted that for the purposes of clarity and ease of reference and understanding, the Disciplinary Procedure has avoided legalistic jargon.

1.8 The principles of this Disciplinary Procedure shall apply to all employees.

2. Management’s Responsibility

It is Group4Securicor’s operational management’s responsibility to ensure that:-

2.1Company conditions of employment are made known to the employees and that as such is up-dated or amended, such up-dates or amendments are made available to the employees.

2.2 Employees are aware of their right to request clarification of any conditions of employment or rules or standards.

2.3 Employees are given the appropriate training to perform their jobs adequately and this training is reviewed and up-dated regularly.

3.Definitions

3.1 Operational Management” - shall include all employees employed by the company in any managerial or supervisory capacity as determined by the Directors and shall include the terms Supervisor and Manager as defined below.

3.2 “Supervisor” - this term shall be used to refer to an employee who is employed to conduct the first line of operational supervision.

3.3“Manager” - this term shall be used to refer to all levels of management above that of supervisor.

3.4 “Day” - for the purposes of this Disciplinary Procedure means a normal working day Monday to Friday and excludes any Saturday. Sunday or statutory Public Holiday.

3.5“Suspension” - shall refer to the situation where an employee has been suspended from duty on full pay, pending an investigation into alleged misconduct; and/or the conducting of a disciplinary hearing.

4. Forms Of Disciplinary Action

Depending on the circumstances and the seriousness of the matter in question, disciplinary action may take one of the following forms:

- Verbal explanation or informal reprimand; o Written warning;

- Severe written warning;

- Final written warning:

- Dismissal.

Note: Under certain circumstances, the disciplinary measures of suspension, demotion, or transfers may be considered.

It is not possible to set out in detail every possible contingency, which may arise in the workplace. The Disciplinary Code and Procedure are therefore not exhaustive. Management may deal with exceptional cases not contemplated by these procedures in such a manner as may be deemed appropriate and fair.

6. The Disciplinary Code

6.1 The Disciplinary Code, which follows hereafter, describes the standards of conduct expected of all company employees. The company may discipline or dismiss employees for any reason considered sufficient in law even if the reason is not contained in this Disciplinary Code.

6.2 The code sets out a range of possible offences and recommended disciplinary actions. The recommended actions, in some cases, range in severity in accordance with the severity of the offences. They serve as guidelines to managers and supervisors in the application of discipline. This code should not be applied mechanically but with discretion and sound judgement.

6.3 The purpose of any disciplinary action should be corrective and not punitive, i.e. to encourage an employee to behave in accordance with the company’s conditions of service and disciplinary code.

12 SEXUAL OR OTHER HARASSMENT

12.1Inappropriate Suggestions/ Innuendoes18XX

12.2Displaying Sexually Offensive Pictures/ Materials18XX

12.3Physical Sexual Harassment26X

STRIKES

13.1Participation In A Strike “Unprotected” In Ferms Of The Ghana Labour Act.26X

13.2Damaging Property Whilst Participating In A Strike26X

13.3 Assault And / Or Intimidation Of Non- Striking Employees26X

14 OTHER

14.1 Abuse of Client/ Company E-Mail Facilities18XX

14.2 Abuse of Client/ Company Property/ -acilities18XX

6.5 Explanation Of The Disciplinary Offences

Occasional Day Absent - Absenteeism in this context means that the employee has been absent from his/her duties without a leave application form being completed or approved, and without valid reason or cause. Furthermore the employee has not advised the employer of his/her intended absence in any manner or form.

Absent Without Leave For 3+ Shifts - Also referred to as “desertion” or “absconding" this offence refers to the situation where the employee has absented himself/herself for a period in excess of three days/shifts without having obtained the necessary permission or leave authorization, and without having advised the employer of his/her whereabouts.

Abuse Of Sick Leave - In this situation the employee has attempted to justify his/her absence from work by means of having obtained and submitted a deliberately fraudulent medical certificate. This offence is also committed where, for example, and employee has

reported absent as a result of being sick, but however is subsequently found to be on holiday on a beach.

Poor Timekeeping - Specific situations in terms of this offence would include reporting late for duty; leaving work early (which may also constitute “Desertion Of Post’'); extended or unauthorised breaks during working hours; neglecting and booking on duty or clocking in procedure and loitering.

Use Of Abusive Language - This offence occurs through the use of any spoken words or the publication of any writing expressing or showing any hatred, ridicule or contempt for any other person, which has the potential to incite possible violence or assaults.

Use Of Racially Offensive Language - This offence is more serious than the use of abusive language where the language used is designed specifically to incite racial tension.

Being Under The Influence Of Alcohol/Drugs - An employee who is under the influence of alcohol or drugs shall not be allowed to work; such employee may present a danger to himself and his colleagues. Any such action will constitute an offence in terms of this code.

Being Found In Possession Of Alcohol/Drugs - For the same reason above, this type of action on the part of an employee constitutes misconduct. Being found in possession of certain drugs may also constitute a criminal offence

Breach Of Contract Of Employment - This offence is committed by an employee where such employee knowingly breaches any term or condition as contained in such employee’s contract of employment.

Breach Of S.I.R.A. Regulations/ Code Of Conduct - This is the breach of any rule or regulation promulgated by the Security Industry Regulatory Authority, as such pertains to persons employed in the private security sector.

Breach Of Client/ Company Confidentiality - This is the situation where an employee divulges any information relating to any aspect of his/her work, the operations or processes of the company or any of it’s clients, without the express knowledge or authorisation of the company or it’s clients. Such information includes, but is not limited to: any method, process, computer software, documentation, client lists, programmes, trade secrets, technical information, chemical formulae, drawings, financial information or any other information which may benefit a competitor, to the detriment of the company or any of its clients.

Breach Of Dress Code - This offence refers to the situation where the employee does not comply with any stipulated dress/ uniform code or standard.

Breach Of Site Standing Instructions - This is the situation where the employee breaches instructions specific to his/her site or workstation.

Breach Of Client/Company Safety Regulations - This offence relates to the employee refusing or neglecting to carry out any specific safety related instruction on any of the company's or client's premises, the effect of which places employees' lives or property in danger

Desertion Of Post - This offence relates to the situation whereby an employee, without valid permission or cause, leaves his/her post of duty (i.e. at a client’s premises) without having been properly relieved; thereby compromising the effective security operation of such post and/or premises, and placing the company in breach of its service contract with such client.

Dishonesty In The Course Of Duty - This offence goes to the very root of the employment relationship and employer/employee trust relationship, and may include actions such as bribery, fraud, and theft.

Dishonesty Outside The Course Of Duty - Any criminal conviction or act committed whilst the employee is off duty, where the employer/employee trust relationship is adversely affected thereby.

Dishonesty Concerning An Application For Employment - This offence occurs where information provided in support of an application for employment is subsequently found to be false, and such information has a material affect on the employer/employee trust relationship.

Fraudulent Entries In Client/Company Documentation - This offence occurs where an employee knowingly and fraudulently makes any entry in a client of company document (i.e. OB, Access Register, Leave Application etc).

Unauthorised Possession Of Client/Company Property - This offence occurs where the employee is found in possession of, or trying to remove, any property belonging to the company or client of the company, in the knowledge that such possession or removal is unauthorised.

Abandoning A Vehicle Without Applying Safety Precautions - This offence occurs when a driver of a company vehicle fails to lock or secure the vehicle and/or compromising any vehicle anti-theft device, when leaving it unattended.

Causing An Accident Through Reckless Or Negligent Driving - This is where the driver of a company vehicle is involved in a traffic accident as a result of his reckiess or negligent driving.

Failing To Obey A Traffic Signal - As the offence implies, the driver of a company vehicle fails to obey a traffic signal (i.e. traffic light, stop sign, yield sign etc).

Overloading A Vehicle (Persons/Materials) - The driver of a company vehicle overloads such vehicle with persons or materials or equipment, thereby rendering the driving of such vehicle to be dangerous.

Exceeding Municipal/Company Speed Limits - The driver of a company vehicle exceeds a municipal speed limit of 100 km/hour on a highway or the company speed limit of 80km/hour.

Failure To Report A Materially Defective Vehicle - The driver of a company vehicle fails to report a material defect to the vehicle either occurring, or having been observed whilst the vehicle is in the driver’s care.

Driving Whilst Under The Influence Of Alcohol And/Or Drugs - The driver of a company vehicle is found to be driving such vehicle under the influence of either alcohol or drugs.

Unauthorised Use Of A Company Vehicle - The driver of a company vehicle drives such vehicle without having the authorisation to do so, and/or without having obtained the required managerial permission or authority to drive such vehicle.

Failure To Complete Handover/ Takeover Procedures - The driver of a company vehicle, either receiving or handing over such vehicle, fails to complete handover/ takeover procedures in terms of company standing operating procedures.

Refusing To Obey A Lawful Instruction - This is the deliberate refusal to carry out a lawful and reasonable instruction given by a person in authority over the employee.

Insolence - This offence occurs where an employee is deliberately insulting or arrogant by word, towards a person in authority over the employee.

Insubordination By Act, Word Or Demeanour - This constitutes actions by the employee, either through spoken work, physical action or the employees overall demeanour, which are rebellious or disobedient, with the direct and concerted aim of challenging managerial authority.

Negligence/Gross Negligence With Regards Performance Of Duties - Negligence in regards to this offence refers to any failure by the employee to exercise proper care to his manner of working to the extent that tasks are not correctly completed, or have to be repeated, or persons or property of the company or client are at risk of being injured or damaged

Negligence/Gross Negligence With Regards The Use Of Firearms - Any act or omission which amounts to negligence by an employee who is responsible for the safe-keeping of any firearm, which results in any firearm under his care being stolen, found unattended, or any compromise of any firearm safe-guarding system (e.g. safes and key control).

Negligence/Gross Negligence With Regards To The Use Of Client/ Company Property Or Eguipment - Negligence in regards to this offence refers to any failure by the employee to exercise proper care to his manner of working with any item of property or equipment, thereby resulting in such property or equipment becoming damaged, or persons or property of the company or client are at risk of being injured or damaged.

Failure To Complete Site Handover/ Takeover Procedures - An employee relieving another at a post of duty, fails to complete handover/ takeover procedures in terms of company standing operating procedures.

Sleeping On Duty - An employee is found to be asleep whilst on duty, which actions thereby constitute a compromise to the security operations of the client or company, as well as a danger to himself/herself.

Intimidation - This offence constitutes the action by an employee or employees, whereby other employees are influenced, frightened and encouraged to use violence, damage company or client property, use abusive language, adopt unprocedural industrial action, or to commit any other act of misconduct or a criminal offence.

Moonlighting - This is where an employee engages in other employment for gain, whilst still in the employment of the company, without the express knowledge or permission of a Director of G4S.

Sexual or other Harassment - constitutes the unwanted sexual attention given by one person (male or female) upon another person (male or female) and includes inappropriate sexual suggestions, overtones or innuendo’s; the displaying of sexually offensive pictures or items; or physical touching of a sexual nature. Harassment may also be an incident that has happened to an individual at the workplace that is unwelcome unwanted and has a destructive effect for example:

Bullying.

- Spreading malicious rumors, or insulting someone particularly on gender, race or disability grounds:

- Ridiculing or degrading someone - picking on them or setting them up to fail;

- Exclusion or victimization;

- Unfair treatment, for example based on race, gender sexual orientation, pregnancy age disability, religion, HIV status etc:

- Overbearing supervision or other misuses of power or position;

- Unwelcome sexual advances - touching, standing too close and displaying of offensive material;

- Making threat/comments about job security without foundation;

- Deliberately undermining a competent worker by overloading and constant criticism;

- Preventing individuals progressing by intentionally blocking promotion or training opportunities

Participating In An Unprotected Strike - This situation occurs where employees participate in any action defined as a strike in the Ghana Labour Act [Act 651 of 2003], and which action is not ‘'protected" in terms of the Labour Act.

Damaging Property Whilst Participating In A Strike - Employees, although participating in a “protected” strike is not permitted to damage property whilst engaged in strike action.

Assaulting And/Or Intimidation Of Non-Striking Employees — Employees, although participating in a “protected” strike are not permitted to assault or intimidate employees not participating in strike action.

Abuse Of Company/ Client E-Mail Facilities - In this situation an employee who has at his/her disposal the use of e-mail facilities, abuses such facilities by, for example sending e- mails which are racially offensive, or not related to that employee’s primary job function.

Abuse Of client/ Company Property/Facilities - In this situation an employee may have the use of certain facilities or property at his/her disposal, and abuses such facilities (i.e. abuse of telephone, facsimile etc)

7. Explanation Of Each Disciplinary Action

The disciplinary actions, which may be taken, include the following:

7.1 Verbal Reprimand

7.1.1 An employee may be reprimanded where his or her conduct is considered unacceptable and the manager or supervisor considers further steps to be unsuitable or unnecessary at that stage.

7.1.2 A reprimand is intended to be informal with the emphasis being on correcting the employee’s conduct through discussion. A reprimand will not be recorded formally in writing. The verbal reprimand should make the employee aware that further misconduct could lead to formal and more severe disciplinary action.

7.2 Written Warning

7.2.1 A written warning may given after a reprimand has failed to achieve the desired correction, or where the misconduct is of such a degree of severity that a verbal reprimand would be inadequate.

7.2.2 The Operational Manager or Supervisor should complete the “Disciplinary Form” form in triplicate. The exact nature of the alleged misconduct should be recorded, and the employee given the opportunity to state an explanation or defence in the space provided. The book will then be given to the Human Resource Manager / Operations Manager, who shall record in the space provided, any previous disciplinary warnings, which the employee have received. The Human Resources Manager shall then recommend a category of warning (i.e. written, severe or final). The Human Resources Manager may in his/her discretion delegate this function to another manager / officer of the company. The warning book shall then be given to the employee’s operational manager, who shall formally categorize the warning form and add any "counselling comments" to the form.

7.2.3 The employee will then be requested to sign the warning form. His or her signature shall be an acknowledgement of receipt of the warning and not necessarily and admission of its contents. Any disagreement or refusal to sign the warning form should be noted on the form. Management will not insist on the employee’s signature as this is not a prerequisite for the validity of the warning.

7.2.4 The white copy of the warning form shall be given to the employee. The pink copy of the warning form shall be returned to the Human Resource Manager and shall be

filed in the employee’s personal file The blue copy of the form shall remain in the supervisor's/manager's disciplinary warning book.

7.3 Severe Written Warning

7 3.1 A severe written warning may be given after a verbal reprimand and/or a written warning has failed to achieve the desired correction or if the misconduct is sufficiently serious to warrant a severe written warning despite the absence of any previous warnings.

7.3.2 The procedure for the issuing of a severe written warning shall be as outlined in paragraphs 7.2.2 through 7.2.4 above.

7.4 Final Written Warning

7.4.1 A final written warning may be given after a verbal reprimand and/or a written warning and/or a severe written warning has failed to achieve the desired correction or if the misconduct is sufficiently serious to warrant a final written warning despite the absence of any previous warnings.

7.4.2 The Operational Manager or Shift Manager should complete the “Disciplinary Form” form in triplicate. The exact nature of the alleged misconduct should be recorded, and the employee given the opportunity to state an explanation or defence in the space provided. The book will then be given to the Regional Human Resource Manager / Operational Manager, who shall record in the space provided, any previous disciplinary warnings, which the employee has received.

7.4.3 In the event that the Human Resources Manager / Operational Manager, having considered the nature of the alleged offence and the employees previous disciplinary record, believes that prima facae evidence exists to suggest that the accused employee may receive a final written warning for the commission of the offence, a recommendation may be made that would require the employee to report to a misconduct counselling session.

7.4.4 The Disciplinary Form book shall then be given to the accused employee’s Operations / Contract Manager or any other manager or Supervisor nominated by the General Manager, who shall conduct a misconduct counselling session with the employee.

7.4.5The misconduct counselling session shall be intended to provide the accused employee to make representations to his/her Operational Manager or Supervisor concerning the alleged offence, and shall not constitute a formal disciplinary hearing. As such there shall be no formal leading of evidence or calling of witnesses during such misconduct counselling session

7 4 6 The misconduct counselling session shall be conducted either at the company or client premises on a date and at a time determined by the Area Manager and subsequent to the employee being advised of such date, time and venue in writing, and its duration shall not exceed 45 minutes.

7.4.7 The employee shall be permitted assistance by a fellow employee during any misconduct counselling session provided that such fellow employee is readily available at the time and place of the misconduct counselling session, without any disruption to the ordinary operations of the company.

7.4.8 Upon completing the misconduct counselling session, the relevant Operational Manager shall document the proceedings on the “Record of Misconduct Counselling” form and furnish the employee with a copy of the form. A Misconduct Counselling Session is not a prerequisite for a validly issued Final Written Warning.

7.4.9 The employee will be requested to sign the warning form. His or her signature shall be an acknowledgement of receipt of the warning and not necessarily and admission of its contents. Any disagreement or refusal to sign the warning form should be noted on the form. Management will not insist on the employee's signature as this is not a prerequisite for the validity of the warning.

7.4.10 The white copy of the warning form shall be given to the employee. The pink copy of the warning form shall be returned to the Human Resource Manager and shall be filed in the employee’s personal file. The blue copy of the form shall remain in the supervisor’s/manager’s disciplinary warning book.

7.4.11If any employee is alleged to have committed a dismissible offence in terms of the Disciplinary Code or already has a final written warning on file and then commits a further act of misconduct, a disciplinary hearing will be necessary to enquire into that act or further act of misconduct.

7.5 Duration Of Warnings

Written, and Severe Written Warnings will remain valid for a maximum period of 3 months and Final Written Warnings for a maximum period of 6 months

Management may in its discretion issue any warning for a shorter period. After the warning has expired it will no longer count against the employee for any future disciplinary purposes.

7.6 Dismissal

No employee may be dismissed for misconduct without the benefit of a disciplinary hearing.

Dismissal may be on notice or summarily without notice, depending upon the severity of the act of misconduct. Should the offence be of such a nature that dismissal may be warranted in law, no notice will be paid.

7.7 Suspension Without Pay

An employee may be suspended without pay for a period of time, as an alternative to dismissal. Such period however shall not exceed one month and shall only be authorised as a disciplinary sanction by the Human Resources Manager and/or the Operations Manager

7.8 Suspension Pending The Outcome Of A Disciplinary Hearing

7.8.1 In cases where a manager becomes aware of a serious allegation of misconduct against an employee, and such allegation if proven may result in the employee’s dismissal; and such manager considers it undesirable that an employee continues working at his post of duty while an investigation into the alleged misconduct is taking place, the Human Resources Manager / Operational Manager may suspend the employee on pay pending the outcome of a disciplinary hearing. The employee’s pay entitlement shall cease on the date of his dismissal

7.8.2 During the period of paid suspension, employees shall be paid at a rate of 40 hours per week, basic pay.

7.8.3 Whilst suspended from duty, waged employees should make themselves available as and when required, to report in terms of their Contract of Employment / assist in any disciplinary investigation by reporting to the Human Resources Manager / Operational Manager. Management reserves the right not to pay the employee should such employee fail to report as required, and to take further disciplinary action with regards such employee’s absence. Read with the provisions of Clause

9.2, the employee shall remain suspended pending the outcome of his/her disciplinary hearing, unless otherwise advised by management.

7.8.4 Any employee who has been formally notified to attend a disciplinary hearing shall be permitted to report to the Human Resources Manager / Operational Manager or any person nominated by the Human Resources Manager / Operational Manager may telephone on a daily basis and shall not under such circumstances be required to report to the company's offices.

Whilst suspended from duty salaried employees may be required, in terms of their Contract of Employment, to "tender their services” by reporting to the Human Resources Manager or their respective Head of Department at 08h00 on a daily basis. Management reserves it right not to pay the employee should such employee fail to report as required, and to take further disciplinary action with regards such employee's absence.

Appeals Against Disciplinary Warnings Issued

An employee may appeal against a written, severe or final written warning within 7 days of having signed acknowledgement of receipt of the warning.

Appeals against disciplinary warnings should be made in writing, using the advised company procedure outlining the reason and/or nature for the appeal; and submitted to the Human Resources Department.

A manager other than the manager who issued the disciplinary warning, which is being appealed against, will consider the appeal. Such appeal must be considered within 7 days of the appeal having been lodged.

The manager considering the appeal is authorised, after consultation with the Human Resources Manager, in his or her discretion to either confirm or reverse the warning concerned, or to apply a different disciplinary measure, provided that such measure shall not include dismissal, and shall communicate the decision to the employee in writing.

The decision of the manager considering the appeal shall be final, but shall not preclude the employee from invoking any statutory dispute resolution mechanism that may be prescribed by the Ghana Labour Act [Act 651 of 2003], should he/she be dissatisfied with the decision of the manager who considered the appeal.

Disciplinary Hearing

A formal disciplinary hearing shall be held where the employee’s alleged misconduct constitutes an act of gross misconduct (i.e. where in terms of the Disciplinary Code the recommended penalty for such misconduct is dismissal), or where, in terms of the concept of progressive discipline a repeat offence is alleged and a dismissal penalty could be considered.

9 2. The disciplinary hearing shall commence within 7 days of the date on which the company became aware of and completed an investigation into the alleged act of misconduct, or such longer period as may be reasonable in the circumstances pertaining to a particular case.

9.3. The essential elements for a fair disciplinary hearing include the following:

9.3.1 A impartial Presiding Officer (i.e a manager not employed in the same business unit as the employee (i.e. a manager to whom the employee does not report), or who was not involved in the investigation into the employee’s alleged misconduct, or who does not have a vested interest into the outcome of the disciplinary hearing);

9.3.2. A clear description of the alleged misconduct (i.e. date, time, place etc);

9.3.3. sufficient time for the employee to prepare (i.e. minimum 2 days);

9.3.4. the right of the employee to be represented by a fellow employee, provided that such employee is employed in the same Geographic Region as that of the accused employee;

9.3.5. the right to have an interpreter present at the disciplinary hearing, if necessary;

9.3.6. the opportunity for the parties to state their cases fully;

9.3.7. the right of each party to call and cross-examine each other's witnesses, and to present evidence in support of their respective cases;

9.3.8. the right for the employee to present evidence in mitigation of a penalty decision;

9.3.9. a written decision of facts established on a balance of probabilities with reasons for such findings;

9.3.10. the right to appeal to a higher level of management.

9.4. The participants and their roles in the hearing shall be as follows:

9 4. The Presiding Officer of the hearing shall be a manager as defined in 9.3.1 above and appointed by the Human Resources Manager. The role of the Presiding Officer

shall be to.

a. ensure that the employee has been served with a “Notice To Attend A Disciplinary Hearing” and that the employee has been notified of his rights in terms of such notification,

b. conduct the disciplinary hearing and cause minutes of the proceedings to be kept in the “Record Of A Disciplinary Hearing” document:

c. check that all aspects of procedural fairness have been complied with;

d. within 3 days of the conclusion of the disciplinary hearing, prepare and deliver his or her written findings and reasons to the Human Resources Manager.

9.42 The company’s representative (or complainant) shall be the person who initiated and investigated the alleged misconduct. The company representative’s role shall be to present and lead evidence in terms of the company’s case at the disciplinary hearing.

9.4.3 The employee shall be the employee accused of misconduct. The employee’s role shall be to state his or her case and cross-examine the company’s representative and other company witnesses. If the employee has appointed a representative, the representative will conduct his or her case.

9.4.4 The employee’s representative (or Local Union Executive) shall be a fellow employee employed in the same Region as that of the accused employee, or a Local Union Executive of a trade union having organisational rights within the company, appointed by the employee to represent him/her. The employee representative’s role shall be to present the employee’s case, cross-examine any company witnesses and to present and lead evidence in terms of the employee’s case at the disciplinary hearing.

9.4.5 Witnesses shall be persons called to give evidence at the disciplinary hearing by either the company’s representative or the employee or his/her representative.

9.4.6 A secretary/notetaker where appointed by the Presiding Officer, shall record the written minutes of the disciplinary hearing. Should no such secretary be appointed, the presiding officer shall record the minutes of the disciplinary hearing.

94.7 The record of the proceedings of the disciplinary hearing shall remain the property of the company. A copy of such record may be made available to the accused employee by the Human Resources Manager in his/her sole discretion upon written application by the accused employee, or upon the referral of the matter to the National Labour Commission for Conciliation, Mediation and Arbitration.

10. Procedure For Conducting A Disciplinary Hearing

10.1 All parties to a Disciplinary Hearing shall attend such hearing in full company uniform, if such uniform has been issued.

10.2 The employee shall be given no less than 2 days’ prior notice of the date, time and place of the disciplinary hearing in the form of a “Notice To Attend A Disciplinary Hearing”.

10.3 Copies of relevant documents which the company representative intends to use in support of his case at the hearing will be given to the employee upon the commencement of the disciplinary hearing.

10.4 Should the employee and/or his/her representative be absent without valid reason or cause, from the first scheduled date of the disciplinary hearing, the Presiding Officer shall postpone the disciplinary hearing to an alternative date, and shall advise the accused employee of such postponement in writing, also advising of the alternative scheduled date. Should the accused employee and/or his/her representative be absent without valid reason or cause, from the second alternative scheduled date of the disciplinary hearing, the hearing shall then proceed in the employee’s absence.

10.5 The company’s representative will outline the complaint against the employee and call relevant witnesses to give evidence to prove the alleged misconduct. The employee or his representative may cross-examine the company’s witnesses.

10.6 Thereafter, the employee will be given the opportunity to state his/her case and to call witnesses to support his/her case. The company’s representative shall be entitled to cross-examine the employee and the employee’s witnesses.

10.7 After both sides have led their evidence and had the opportunity to cross-examine each other’s witnesses, the representatives will sum up their respective cases and present closing arguments to the Presiding Officer for his/her consideration.

10.8 The Presiding Officer may at any time during the disciplinary hearing proceedings ask questions of either of the parties for clarification.

10.9 If the Presiding Officer finds on a balance of probabilities that the employee committed the alleged act/s of misconduct and there are valid grounds for dismissal, he or she shall first consider and, if appropriate, take any evidence in mitigation into account before deciding on an appropriate penalty

1010. The employee shall be informed in writing of the decision and the reasons therefore, within 7 days of the conclusion of the disciplinary hearing. The employee shall also be informed of his/her right to appeal the decision and/or penalty, and also of his/her right to refer the dismissal to the National Labour Commission within 30 days of the date of the employee’s dismissal

11. Consideration For Dismissal For Misconduct

In considering a case, the disciplinary hearing Presiding Officer should take the following factors into account before deciding to dismiss:

11.1 Does the rule, which the employee is alleged, to have breached exist?

11.2 Was the employee aware of the rule?

11.3 Is the rule legitimate?

11.4 Did the employee on a balance of probabilities breach the rule?

11.5 Is the dismissal penalty appropriate in the context of the facts of the case, the Disciplinary Code and evidence submitted by the employee in mitigation?

11.6 Has there been consistency in the company in the application of the rule in

similar cases in the past?

12. Appeals Against The Decision Of A Disciplinary Hearing

12.1 An employee may appeal against the decision of a disciplinary hearing by completing and submitting to the Human Resources Manager an “Appeal Letter within 7 days of receipt of the Presiding Officer’s written decision. The appeal should clearly set out the grounds of appeal with a detailed explanation of the grounds of appeal

12.2 If an appeal is not made within 7 days, the decision of the Presiding Officer of the disciplinary hearing shall be binding.

12.3 An appeal review will be conducted within 14 days of receipt of the request for an appeal, or within such period as is reasonably practical in the circumstances

12.4 The appeal shall be considered by the most senior manager of the operating

unit (i.e. Operational Director, General Manager or Head Of Department) provided that such person has not been involved in the case at any stage. If the manager has been involved, the company shall nominate an alternative manager.

12.5 The appeal shall be treated as a review of the original disciplinary hearing and therefore, it shall not be necessary to reconvene the disciplinary hearing as an appeal hearing, unless the appeal is based upon the submission of new evidence not presented at the original disciplinary hearing, and in the view of the Human Resources Manager, such reconvening of the disciplinary hearing is necessary to ensure fairness to the employee. The employee shall, however be allowed to make any submissions in writing to the Appeal Officer. The company representative shall be permitted to submit to the Appeal Officer any counter-argument on behalf of the company, concerning the employee’s grounds of appeal.

12.6 Prior to the appeal review the Appeal Officer shall be provided with a copy of the disciplinary hearing record and all relevant documents pertaining to the dismissal of the employee, with the written recommendations of the Human Resources Manager and the employee’s personal file.

12.7 The Appeal Officer shall decide on the outcome of the appeal within 7 days of the conclusion of the appeal hearing and provide written reasons for his/her decision.

12.8 The decision of the Appeal Officer shall be final and binding upon the parties.

13. Implementation Of Disciplinary Decisions

The Human Resources Department shall initiate the necessary procedures to implement the final decision of either the Presiding Officer of the disciplinary hearing should an appeal not be lodged timeously, or at all; or alternatively the decision of the Appeal Officer of the appeal hearing.

9.0 INTERDICTION

Where the worker is suspected of committing an offence which cannot be proven immediately through the normal disciplinary hearing, the worker shall be interdicted on half basic pay pending further investigations by the disciplinary committee on which the Local Union may be represented. The period of interdiction pending the said disciplinary investigations shall not exceed six (6) months from the date of interdiction.

In event where the worker is exonerated, the worker shall be recalled and reinstated to his former position and shall be paid full rate at basic pay for the period of interdiction.

In the event where the worker is found guilty of the offence after the investigation, the worker may be dismissed. However, depending on the gravity of the offence, the employer may consider an alternative punishment in place of a summary dismissal.

10.0 NOTICE OF TERMINATION OF APPOINTMENT

10.1 TERMINATION / RESIGNATION: -

a. In an event where either party wishes to terminate the contract of employment, the party with the intent shall serve the other party a notice together with the reasons for the intent of terminating the employment contract.

b. The periods of notice with their lengths of service shall be as follows : -

c. Employees who are serving probation and have not completed may have their contracts of employment terminated without notice.

d.Where the employee has served the Company for less than three [3] years but more than three months; a two [2] week period of notice or two [2] weeks pay in lieu of notice shall be given.

e. Where the employee has served the Company for three [3] years and above, one [1] month notice or one [1] month pay in lieu of notice shall be given

f. The two [2] weeks and one [1] month pay in lieu as provided in [b] and [c] above shall be the employee’s basic salary without allowances / overtime in instances where there is no outstanding allowances / overtime yet to be paid at the time of terminating the contract of employment.

g. Where there are outstanding allowances / overtime yet to be paid, the employee shall be paid such allowances / overtime in addition to any outstanding leave days that is due the employee.

11. REDUNDANCY

In the event of redundancies, the Company shall comply fully with the provisions of Section 65 of the Labour Act 2003; Act 651.

a. In the event where a contract at a particular location is being terminated and the Company contemplates laying off the employees particularly located in that location instead of redeployment to other locations where other existing contracts can absorb the employees concerned, the concerned employees shall be deemed as being declared redundant.

b. In event of redundancy, the Company shall notify the Union and the Chief Labour Officer prior to the issues of the redundancy notices one [1] month in advance of the intended action.

c. The Company shall notify the affected employee of such redundancy one [1] month in advance of the intended action or pay one [1] month salary in lieu of notice.

d. The effective date of the redundancy shall be communicated to the Union and the Chief Labour Officer before the intended action.

e. The Union shall be furnished with the list of the names, grades and dates of employment of employees to be affected by the redundancy exercise before the date for the final action.

f.Any worker who is declared redundant shall be entitled to one month basic salary multiplied by the number of years served.

12. LONG SERVICE AWARD

a. The Employer shall institute a long Service Award Program to cover all employees who have served the Company for ten [10] years and above.

b. Long service awards shall comprise coupons whose values shall be determined by Management in consultation with the Local Union Executives.

c. Employees who qualify for the awards under the programme are eligible to use the coupons to purchase household appliances of their choice from designated shopping centers

d. In all cases, certificates of service indicating the period of service and job title shall be awarded to the qualifying employee by the employer

e. Qualifying employees shall inform Management and the Union of their qualification: and Management shall in consultation with the Union organize the award ceremony.

13. PROVIDENT FUND

a.The Company shall institute and operate a provident fund scheme for all her employees who have served for a minimum period of six (6) months continuously.

b. The provident fund scheme shall provide that the employee contributes [2.0%] of his monthly basic salary and the employer shall also contribute [3.0%] of the worker’s monthly basic salary into the fund.

c. The Provident Fund shall be administered by a Board of Trustees which shall comprise representations from Management, the Local Union and the National Union.

d. The Board of Trustees shall draw the Rules and Regulations which shall guide the administration of the fund. Copies of the Rules and Regulations shall be made available to Management, the Local Union Leadership and the National Union Leadership.

e. On a worker being dismissed, Account ‘A’ being the worker’s contribution plus the accrued interest shall be paid to the worker.

f. On a worker retiring on the grounds of ill health, old age. redundancy, death and resignation from the employment of the Company, both Accounts ’A’ and ‘B’ plus the accrued interests shall be paid to the worker,

14. RETIREMENT

a. The statutory retirement age shall be as provided in the National Social Security Law [1991] [[PNDCL 247]

b. An employee who wishes to retire voluntarily shall give the Company three [3] months notice in writing.

c. When the employee has reached the retirement age. he shall be notified by the Company in writing three months prior to the date of retirement.

d. Voluntary retirement age shall be 55 years while compulsory retirement age shall be 60 years.

15. RETURN OF COMPANY PROPERTY AT THE END OF SERVICE

a.For whatever reason an employee's service ends with the Company, [i.e. resignation retirement, redundancy or termination /dismissal], the employee is required to return any company property supplied to him. Failure to do so shall result to the cost being deducted from the employee’s entitlements.

16. SALE OF COMPANY’S USED PROPERTY

a.Should the Company decide to sell its used property, the employees may be given first option to purchase.

17. GRIEVANCE PROCEDURE - INDIVIDUAL GRIEVANCE

a. If an employee has a complaint that involves another employee or other employees, they should first of all try to informally resolve the matter by direct approach to the employee or employees involved.

b. If the matter remains unresolved, the employee may request a meeting with their own line manager or supervisor who will try to resolve the issue. The meeting should be held within 10 working days of the submission of the request.

c. If the complaint is against the line manager or supervisor or there is another reason why the employee does not wish to raise it with their line manager or supervisor, they should seek advice from HR on how to deal with the complaint.

d.If after any action to resolve the grievance taken by the manager or supervisor, the employee is still dissatisfied, they may proceed to the formal stage of the procedure as follows:

e. If the complaint has not been resolved at the informal stage and the employee wishes to proceed to the formal stage, the employee may do so and the complaint will be heard by a panel. The employee must set out in writing the nature of their complaint and the reasons why they are dissatisfied with the outcome of the informal stage. The employee should explain how they think it should be settled. This must be submitted to the complainant’s head of department with a copy to Human Resource.

f. Should the complaint relate to a process or decision, the head of department will appoint an investigating officer who will be asked to provide a full written report together with any relevant documents The investigation should be conducted as quickly as possible while allowing for all relevant information and evidence to be gathered. A timescale for this will be agreed between the employee and/or his representative and HR

g. Should the complaint be against a named individual or individuals, the HR department will give them a copy of the complaint at the earliest opportunity. The individual will present their response at the hearing and it would not normally be necessary to conduct an investigation.

h. The panel will consist of a senior manager and another manager with a member of HR to advice. Where possible, there should be a gender balance. The hearing will be held within 10 working days of receipt of the investigating officer’s report, or within 5 working days of the complaint being received if it is against an individual. The employee will be given 2 working days notice that the hearing is to be held. The employee may request an alternative date to allow up to an additional 5 working days.

i. Any relevant written information or evidence must be made available to all parties at the earliest opportunity and, in any case, 24 hours before the hearing.

j. All parties involved will be allowed to attend and make representations at the meeting as well as the right to be accompanied by a fellow employee of choice or trade union official and should the employees wish to exercise this right, then it is their responsibility to make the arrangements. Witnesses may be called.

k. Refusal of either party to attend shall not invalidate the proceedings.

I. The panel, in seeking to resolve the complaint, may adjourn the meeting or defer a decision if more information is required.

m. The decision of the panel, reasons for that decision and any redress will be communicated to the employee who has made the complaint. Where the complaint is against an individual, both parties will be given a copy of the decision. This will be handed to the employee whenever possible or posted directly by recorded delivery to the employee within 3 working days of the hearing and to the employee's representative, where applicable.

n. Should the complainant wish to appeal against the decision of the panel they must do so. in writing, to the Head of HR within 5 working days of being informed of the decision.

o. A request for an appeal must specify the grounds of the appeal preferably under one or more of the following headings:

i. thenature of any redress

ii. thefinding of the hearing on a point of fact which is pertinent to the decision of the hearing

iii. afailure to adhere to the published procedure

p. A member of the original panel will attend to present their findings and reasons for their decision. The employee and the manager presenting the case should use the guidance document (available from HR) as best practice for the presentation of their respective case statements. Witnesses may be called.

q. The appeal will be heard by a nominated Senior Manager with a member of HR to advice. The appeals panel members, the employee and the management representative should receive the written cases five working days before the hearing. The format of the appeal hearing will depend upon the nature of the appeal.

r. The panel will hear all or part of the previous hearing depending upon the nature of the appeal. The panel has the scope to:

i.uphold all or part of the previous decision

ii.not uphold the previous decision

s. If the panel decides either to uphold only part of the previous decision or not to uphold the previous decision, it may at its discretion substitute an appropriate remedy of its own choosing.

t. Within 3 working days of the appeal, the panel will record the decision and hand it to the employee wherever possible otherwise it will be posted directly by recorded delivery.

u. The decision of the appeals panel is final.

17.1 GRIEVANCE PROCEDURE - GROUP GRIEVANCE

Grievances that emanate from a group of employees shall be handled as follows

a. The employees involved shall with the assistance of their Local Union Executives set out the complaint in writing. The written complaint which should be signed shall be forwarded to the Line or Contract Manager and copied to the Human Resource Manager.

b. A maximum of three (3) mandated representatives of the affected employees shall meet with the Line and/or Contract Manager and the Human Resource Manager or his representative to resolve the matters raised by the employees.

c. If the matter remains unresolved, the General Manager shall take up the matter with the Line Manager, the Human Resource Manager and Representatives of the affected employees at both the local and national levels.

d.If the matter still remains unresolved, the National Labour Commission shall be consulted for a resolution of the matter as per the provisions of the Labour Act 2003; Act 651.

17.2. TRADE DISPUTES

Trade Disputes shall be defined as disagreements and conflicts that may arise from issues outside the provisions of this Collective Agreement between the National Union and Management.

PROCEDURE FOR RESOLVING TRADE DISPUTES

STEP (1)

a. Either party to this collective agreement shall serve a grievance notice to the appropriate party in connection with the Trade Dispute on hand within a maximum period of one (1) month from the date of its occurrence

b. The Standing Negotiating Committee shall convene and make all efforts to resolve the Trade Dispute in question at the enterprise level.

c. The Standing Negotiating Committee shall convene for the attempt and effort to resolve the Trade Dispute in question within a maximum period of one (1) week from the time and date of service of the notice. However, in emergency situations, the period of notice may be shorter.

STEP (2)

In event when the Standing Negotiating Committee fails to resolve the Trade Dispute at the enterprise level, either party may proceed to refer the Trade Dispute to the National Labour Commission for a final settlement as per Article 7.1 of this Collective Agreement.

18. STRIKES, LOCK-IN AND LOCK-OUTS

a. The conditions regarding strikes and lock outs / lock ins shall be in accordance with the provisions of the Labour Act 651 of 2003 and any amendments there to and the provisions of the Company’s disciplinary code.

19. TRAINING WITHIN / OUTSIDE INDUSTRY

a. The Company undertakes to train employees to upgrade their skills and knowledge about their job functions / descriptions either internally or externally whenever it becomes necessary.

20. LICENCES RENEWALS FOR DRIVERS / OPERATORS

a. All employees whose jobs require the use of Company motor vehicles and motorbikes shall own valid drivers licenses. All such licenses shall be renewed by their owners at least a month before their expiry dates and copies of same immediately submitted to the Transport Manager.

b. All employee drivers and riders undertake to submit copies of their licenses to the Transport Manager.

21. RESPONSIBILITIES OF BOTH PARTIES TO THIS COLLECTIVE AGREEMENT

a. Both parties recognize that this Collective Agreement imposes duties and responsibilities on the UNION as well as the Company/Employer.

b. All disputes, difficulties and grievances arising between the parties concerning this Collective Agreement shall be resolved in accordance with the Grievance Procedure as provided for in this agreement.

22. SIGNATORIES TO THIS COLLECTIVE AGREEMENT

This Collective Agreement is applicable to all workers as well as subsequent workers who are covered by the Collective Bargaining Certificate in witness whereof the parties have hereunto set their seals and names on thisday of 2009

SIGNED ON BEHALF OF G4S GHANA LIMITED

SIGNED ON BEHALF OF UNION OF PRIVATE SECURITY PERSONNEL BY

G4S Ghana Limited - 2009

Start date: → 2009-06-01
End date: → 2011-05-31
Ratified by: → Ministry
Ratified on: → 2009-06-01
Name industry: → Security, cleaning, homework
Public/private sector: → In the private sector
Concluded by:
Name company: → G4S Ghana Limited
Names trade unions: → Union of Private Security Personnel (UPSP)

TRAINING

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

SICKNESS AND DISABILITY

Provisions regarding return to work after long-term illness, e.g. cancer treatment: → 
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 12 weeks
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: → No
Workplace risk assessment on the safety and health of pregnant or nursing women: → No
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → Yes
Time off for prenatal medical examinations: → No
Prohibition of screening for pregnancy before regularising non-standard workers: → No
Prohibition of screening for pregnancy before promotion: → No
Facilities for nursing mothers: → Yes
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → No
Paid leave per year in case of caring for relatives: → 8 days

GENDER EQUALITY ISSUES

Equal pay for work of equal value: → No
Discrimination at work clauses: → No
Equal opportunities for promotion for women: → No
Equal opportunities for training and retraining for women: → No
Gender equality trade union officer at the workplace: → No
Clauses on sexual harassment at work: → Yes
Clauses on violence at work: → Yes
Special leave for workers subjected to domestic or intimate partner violence: → No
Support for women workers with disabilities: → No
Gender equality monitoring: → 

EMPLOYMENT CONTRACTS

Trial period duration: → 90 days
Part-time workers excluded from any provision: → 
Provisions about temporary workers: → 
Apprentices excluded from any provision: → 
Minijobs/student jobs excluded from any provision: → 

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per day: → 8.0
Working hours per week: → 40.0
Working days per week: → 5.0
Paid annual leave: → 15.0 days
Paid annual leave: → 3.0 weeks
Rest period of at least one day per week agreed: → Yes
Provisions on flexible work arrangements: → 

WAGES

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

Once only extra payment

Once only extra payment: → 100 %
Once only extra payment due to company performance: → Yes
Once only extra payment takes place: → 2009-12

Premium for overtime work

Premium for Sunday work

Premium for Sunday work: → 100 %

Allowance for commuting work

Allowance for commuting work: → GHS 5.0 per month

Allowance for seniority

Allowance for seniority after: → 10 years of service

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → 
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