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COLLECTIVE BARGAINING AGREEMENT BETWEEN METRO MASS TRANSIT LIMITED AND THE GENERAL TRANSPORT, PETROLEUM AND CHEMICAL WORKERS UNION OF GHANA TUC

PREAMBLE

This Agreement made on this day of 25th July, 2011 between Metro Mass Transit Limited (hereinafter referred to as the “Company”) and the General Transport, Petroleum and Chemical Workers Union of Ghana, TUC (hereinafter referred to as the “Union”) officially certified under the Labour Act 2003 (Act 651) and any amendment thereto as a corporate body, Provides for terms and conditions of Labour which shall apply to all employees of the company for whom the union has been certified to negotiate.

It shall apply to employees who are now in employment as well as those who will be engaged after this Agreement has been signed.

ARTICLE 1: PURPOSE OF THE AGREEMENT

a. It is the intention of the parties hereto that this agreement will promote and improve relations between MMT and the Union as set forth herein.

b. The parties to this Agreement, having the common goal for the successful operation of the company, are to do all within their power to promote stability and productivity by ensuring harmonious and peaceful Industrial Relations to the mutual benefit of the Company and its employees.

c. The Company’s relations with its employees shall be governed by the terms of the Labour Act 2003 (ACT 651), the workman’s compensation Law 1987 (PNDCL 187), the Social Security Law 1991 (PNDCL 247) Public Holiday Law 1989 (PNDCL 220) and any amendments thereto.

d. This Agreement shall apply to all employees of the Company for whom the union has been certified to negotiate.

e. Two (2) copies of this Agreement shall be lodged with the Registrar of Trade Unions in terms with the provisions of the Labour Act 2003 (Act 651).

ARTICLE 2: DURATION OF THE AGREEMENT

a. The duration of this Agreement shall be for a period of not less than thirty-six months commencing on the 1st of January, 2011. Two (2) months before the expiry date, either party may give the other at least thirty (30) days notice in writing of their desire for this Agreement to continue for a further period to be agreed upon between the parties or its intention to terminate the Agreement at its expiration but until such date as a new Agreement is signed and the effective date of its commencement agreed, the present Agreement will continue in force as required by the Labour Act, 2003 (Act 651).

b. Wage Opener:

Anytime after twelve (12) months from the date of commencement of this agreement and only twice during the life of this Agreement either party may be given thirty (30) days notice in writing to the other, seeking to reopen negotiations for a review of wages and salaries.

ARTICLE 3: INTERPRETATION/DEFINITION

a. Interpretation of the Agreement.

If interpretation of any part of this Agreement is disputed and agreement cannot be reached by the two (2) parties, the term in dispute shall be dealt with in accordance with the provision of the Labour Act 2003, Act (651).

b. For the purpose of this Agreement, the term

i. Employee/Employees shall apply to all employees for whom the union has been certified to negotiate.

ii. Casual worker means a worker engaged on a work which is seasonal or intermittent and not for a continuous period of more than six (6) months and whose remuneration is calculated on a daily basis.

iii. Temporary worker means a worker who is employed for a continuous period of not less than one month and is not a permanent worker or employed for work that is seasonal in character. A temporary worker who is engaged by the same employer for a continuous period exceeding six (6) months shall be treated as a permanent worker (Ref. Labour Act, 2003 Act 651, Article 78).

iv. Divisional Union shall apply to Metro Mass Transit Limited Divisional Union of GTPCWU of Ghana, TUC.

v. Registered Dependants shall mean an employee’s registered spouse and four (4) children up to the age of eighteen (18) years.

vi. Occupational disease/illness means any work related abnormal condition or disorder, other than one resulting from a work injury, caused by or mainly caused by exposure to hazardous environment at work as defined by a recognized medical authority.

vii. Occupational injury is an injury, which result from work place accident/incident causing injury to the employee.

viii. Management shall include top management and all senior staff.

ix. One working week shall mean five (5) working days.

x. Ticket malpractice shall include but not limited to selling dud tickets, fake tickets, reserving passengers, failing to issue tickets that can result in excess cash or revenue shortage found on the conductor.

ARTICLE 4: CONDITIONS OF ENGAGEMENT/JOB PLACEMENT

a) On engagement of any employee or employees who fall within the scope of this Agreement, the newly engaged employee shall be given a letter of appointment indicating:-

1. Job Title

2. Department Assigned

3. Salary Scale and Points

4. Effective Date and

5. Probationary Period.

(b) All newly engaged employees shall provide two guarantors

(c) Employees with proven long serving experience from previous employment may be given the appropriate job placement on merit.

ARTICLE 5: MEDICAL EXAMINATION

a. All engagements shall be made subject to medical fitness to be conducted by a Medical Officer appointed by the Company.

b. All new employees are required to pass a medical examination at the expense of the company.

c. The company may require an employee or his children to undergo Medical examination if the Company deems it necessary.

d. All medical expenses shall be made at the expense of the company in respect of 5c.

e. An employee shall not refuse to undergo a medical examination.

ARTICLE 6: NOMINATION OF BENEFICIARY/NEXT-OF-KIN

Every employee shall give to the company in writing at the time of his engagement the name and address of the nominee who he wishes to receive any entitlement or benefit due him from the company in the event of his death. The employee will however have the right at any time to change nominee.

ARTICLE 7: PROMOTIONS

a. As far as possible and depending on suitable candidates, all vacancies shall be filled by promotions within the company.

b. In the event of a new post being created within the company, such a post shall first be internally advertised for qualified employees to apply or thereafter the public advertisement may be issued.

c. Promotion to a higher category shall be on merit. However seniority shall be considered where merit is equal.

ARTICLE 8: WORKING TIME REGULATION

a. As far as possible the hours of work shall not exceed 40 hours per week.

b. The normal working schedule shall be adjusted to suit the conditions within the requirements of the company and shall be agreed between the company and the Divisional union.

Monday - Friday................................ 8.00a.m. - 5.00p.m.

Lunch Break -.................................... 12.00 noon - 1.00 p.m.

c. Shift hours shall be arranged between management and the Department with the representative of the union, but management will provide snack during the deep night shift hours.

ARTICLE 9: OVERTIME RATES

a. An employee who may be required to do work in excess of the working hours per week shall be given time off or be paid overtime. Payment of overtime shall be based on a flat rate during normal working days, public holidays and off days, as stated below:

i) GHc 10.00 for 8 hours job done on normal working day

ii) GHc 12.00 for 8 hours job done on public Holidays

iii) Pro-rata for less than 8 hours job done

iv) Overtime shall in cases when payable be reckoned only after an employee has accrued more than 40 hours of work per work week.

b. Public Holidays

All days declared to be holiday under the public Holidays Act of Ghana or any other declaration by the state shall be holiday for all employees covered by this agreement. Any employee on essential service shall work on such public Holiday but shall be paid overtime allowance as stated in Article 9a (ii) but without prejudice to Article 9a (iv).

ARTICLE 10: UNION MEMBERSHIP/CHECK OFF

a. Every employee covered by this agreement shall be a member of the union and shall pay union Dues, uniformly levied against all members of the Union.

b. At the written request of the union, the employer shall undertake to deduct union dues from the member employee’s salaries or wages and pass over the sum deducted as may be directed by the union.

ARTICLE 11: FRUSTRATED WORK

Where an employee reports for duty on his normal working day but he is ordered to stop work by the employer before the employee completes the days work due to no fault of the employee, he shall receive full pay for the day.

ARTICLE 12: ABSENCE FROM WORK

a. No employee shall absent himself/herself from duty without prior permission or reasonable cause. An employee who absents himself or herself from duty without permission or any reasonable cause shall lose his or her pay for the period of absence.

b. An employee who absents himself/herself from duty without reasonable cause or permission for a period exceeding one working week (5 days) shall be deemed to have vacated his/her post and shall have his or her appointment terminated.

ARTICLE 13: ABSENCE FROM POST DURING WORKING HOUR

An employee who has normally reported for duty will not leave his place of work or go outside the premises without permission. Any employee contravening the provisions of this article shall be disciplined under Article 27 (c ).

ARTICLE 14: ENVIRONMENTAL SAFETY AND HEALTH

a. The Company shall make reasonable provisions for the safety and environmental health matters of its employees and will provide competent first aid Personnel, protective devices and Protective equipment for the safety of employees.

b. Health/Safety committee shall be formed by the company with union representation to facilitate the promotion of safe working practices and the elimination of unsanitary and unhealthy working conditions within the company. The committee shall be under the direction and chairmanship of the Company.

The Health/Safety committee members shall be allowed to enter the company’s premises during working hours and investigate safety conditions therein.

The Health/Safety Committee shall meet once a quarter, i.e. once every three months for the purpose of discussing safety problems and will tour the plant periodically to verify whether adopted safety recommendations have been complied with.

c. In the event of any concerns raised from the Divisional Union regarding incidents or work conditions the management and the union shall participate in inspections and accident investigations.

d. The health/safety committee shall routinely provide accident/injury report.

e. During accident investigations/safety inspections the union and management shall work with related personnel.

ARTICLE 15: ANNUAL LEAVE

a. Employees shall be granted annual leave with pay on the completion of period of service as follows:

1- 5 years.................................21 working days

5-10 years............................... 24 working days

10 years and above................28 working days

b. In the event of a public Holiday occurring during the course of an employee’s leave additional paid leave days shall be granted.

c. Leave may not be accumulated. However, an employee by mutual agreement with the company may defer his leave for up to twelve (12) months.

d. Leave may be suspended or deferred at the request of the company in consultation with the employee. An employee whose leave is deferred shall officially be notified in writing and the next effective date shall be calculated from the original date he was supposed to have started his leave.

e. Leave may be interrupted at any time, if the exigencies of service demand that an employee should return to work before the expiry of his leave time. The employee shall take the rest of his leave at a later date. If he is unable to take the rest of his leave due to the exigencies of work, the days involved shall be commuted into cash and paid to the employee at his daily rate.

a. Any employee who is prevented by ill-health from returning to duty should notify the company not later than four (4) working days from the end of his leave. On the resumption of duty, the employee shall submit to the company a medical certificate endorsed by a registered medical Practitioner authenticating the employee’s ill-health.

b. The Company shall prepare leave rosters annually showing dates its employees are due to proceed on leave and the number of days entitlements for each employee.

ARTICLE 16: LEAVE PAY ON LEAVING EMPLOYMENT

When any employee ceases to be employed by the company for any cause except summary dismissal he shall receive leave pay for any earned leave not taken and the pro-rated amount of leave earned since his last anniversary date.

ARTICLE 17: CASUAL LEAVE

Casual leave with pay will be granted to employees in special circumstances if the employer is satisfied that there is a bonafide case. Casual leave shall be granted when one’s annual leave has been exhausted.

Compassionate leave may as well be granted to employees in special circumstances.

ARTICLE 18: BEREAVEMENT/COMPASSIONATE LEAVE

An employee faced with bereavement involving the death of his father, father-in-law, mother, mother - in - law, spouse or child shall be granted Compassionate Leave the period of which will be determined by management in consultation with the local union provided that it shall not be more than 5 days.

ARTICLE 19: STUDY/EXAMINATION LEAVE

1. When an employee is sponsored by the company to further his education on an approved course either in Ghana or abroad in a higher institution he or she shall be granted study leave with pay.

2. The question of granting study leave with or without pay to an employee who is desirous of furthering his education on an approved course either in Ghana or abroad in the higher institution shall be decided by the company.

3. An employee may be granted examination leave to enable him to take an examination on presentation of valid document to that effect in respect of an approved course.

ARTICLE 20: FINANCIAL ASSISTANCE FOR EDUCATION

Where an employee is taking a course approved by the company, the company shall assist in the following ways:-

i. On successful completion of the course and production of a certificate of proof, the company shall refund the employee’s money paid for the tuition.

ii. Where Metro Mass Transit sponsors or subsidizes the training of an employee, such employee shall be bonded for a period not exceeding five (5) years depending upon the course after his or her training.

ARTICLE 21:TRADE UNION ACTIVITIES

a. Freedom of Union Activities:

The Company shall recognize the activities of the union and its members and shall not treat any union member against his interest because he/she has conducted union activities.

b. Leave of absence for Union Activities:

Any employee elected into office with the local union or as a delegate to any labour activity necessitating a leave of absence shall be granted such leave with pay. A written notice of such leave stating the length of leave required shall be given to the employee as far in advance as possible, but in any event not less than three (3) days prior to the commencement of such leave.

Union Activities During Working Hours:

1. The Local Union shall carry out union activities during working hours with the permission of management union activities which come under the following categories etc:

i. Matters concerning the handling of grievances.

ii. Local meetings

iii. Meetings and functions called by Government Officials.

iv. Meetings and functions called by the National Union.

v. Other matters decided by the company and union.

However, the union must inform management three (3) clear days before the commencement of any union activities. This will enable management make the necessary replacement or any other arrangement and then decide on the appropriate time for the activity in order that the business of the company does not suffer in line with Labour Act 2003 (651) part xvii, section 129, 130 and 131.

2. When any union member has engaged in any of the above listed union activities during working hours, the company shall treat him as being on duty and shall pay the wages and other allowances or benefits for the hours involved in his union activities.

ARTICLE 22: UTILIZATION OF COMPANY OWNED FACILITIES

a. As far as possible the company shall endeavour to approve the use of its premises for union officials to carry out union activities.

b. The employer shall agree to provide a notice board placed conspicuously on the work premises for use by the company and the union. No item may be posted on it by the Union and its members unless it carries the official logo of the Union and is in accordance with the other contractual language that might be contained within this agreement.

ARTICLE 23: PROTECTIVE CLOTHING/UNIFORMS, EQUIPMENT AND DEVICES

a. For the purpose of this Agreement only Workshop Staff shall be entitled to wear protective clothing whereas drivers and conductors shall be entitled to wear uniforms embossed with company Logo.

The company shall provide suitable protective clothing or uniforms, equipment and devices commensurate with the work they do according to the safety, health and environmental policy, company regulations and material safety data sheets.

Two (2) pairs of uniforms will be provided by the company where applicable.

The company shall replace uniform where there is proof of damage before the end of the year. If an employee loses a protective clothing or uniform and equipment he may be required to pay for the full cost of replacement.

The employee shall return any protective clothing or uniform and equipment to the company at the end of his employment with the company.

Improperly groomed and poorly dressed employees shall receive a verbal instruction to conform. Repeat offenders shall be disciplined in accordance with Article 27.

Where for no justifiable reason an employee fails to wear uniform or protective clothing supplied to him after having been issued an initial written warning the following punishment shall be applied:

i) First offence -....................................... one week suspension

ii) Second offence.....................................two week suspension

iii) Third offence - .....................................dismissal

c. While in complete uniforms, or when the Company’s logo is in open view, employees shall refrain from visiting establishments which exist for the consumption of alcoholic beverages and shall not engage in public consumption of intoxicants.

j. Any employee who contravenes Article 23 (h) shall face the appropriate sanctions listed under Article 27.

ARTICLE 24: ACTING ALLOWANCE

a. When an employee is required by his or her supervisor to take on higher grade responsibilities as a result of a VACANCY other than another employee having to go on vacation, that employee shall be eligible to be paid an acting allowance.

b. The acting allowance shall be the difference between his or her current salary and the initial grade/scale of the job he or she is acting in, or the difference between the salary of that person and the last incumbent, whichever is lower.

c. If the post is two grades or more above the substantive grade of the officer recommended to act, the acting

allowance shall be the difference between his salary and the initial of the next stage.

d. To qualify for this allowance, the employee shall have acted for a period of not less than two (2) months.

e. An employee who acts continuously for six (6) months in a vacant post may be confirmed as the substantive holder of the position for which he had acted.

f. No acting allowance shall be paid to any employee assigned to a higher grade for the purpose of training or who is on trial for promotion.

ARTICLE 25: OUT OF STATION ALLOWANCE/PER DIEM ALLOWANCE

a. An employee qualifies for an out-of-station allowance when he/she sleeps overnight outside his normal station while on official duty, at a flat rate of Twenty-Six Ghana Cedis only (GHc 26.00) per night.

b. Where food and accommodation are provided, the employee shall be paid 1/3 of his allowance. Where an employee pays for food and accommodation the full amount shall apply.

c. Drivers and conductors on sleeper services shall attract an allowance of Five Ghana Cedis (GHc 5.00).

d. Where an employee sleeps overnight while attending an approved local course, meeting or any other assignment away from his normal work station he or she shall be eligible for the payment of out-of-station allowances as same provided.

e. Where boarding and lodging are paid for staff attending a programme or course, the employees concerned are not eligible to be paid out-of-station allowance accept travelling and transport.

ARTICLE 26: FUNERAL GRANT

In the event of death, the employer shall provide the following:-

a. Employee’s Death

Cash donation and coffin subsidy amounting to a total of One

Thousand, Two Hundred and Fifty Ghana Cedis (GHc1,250.00)

1 bottle Schnapps

2 cartons beer

1crates of minerals

Provide free bus to any destination for employees and spouse.

b. Death of Employee whilst performing his normal duties

In an event of an employee dying whilst performing his normal

duties, such as through motor accident, the next of kin shall

be paid a total of Two Thousand, Five Hundred Ghana Cedis (GHc l,500.00) to cover all expenses.

c. Death of Employee’s Spouse/Children

Cash of Two Hundred and Fifty Ghana Cedis (GHc 250.00) Mother/Father

Cash of Two Hundred Ghana Cedis (GHc 200.00)

c. A compassionate loan not exceeding a month’s salary may be granted to an employee in the event of death of spouse, child, father or mother.

In all cases, Management shall provide free bus to convey sympathisers.

ARTICLE 27: DISCIPLINARY ACTION-PUNISHMENT FOR OFFENCES

a. The company shall not discharge an employee without due consideration of his records.

b. Disciplinary measures shall be taken against an employee in accordance with the gravity of an offence which must be proved beyond all reasonable doubt and only after the employee has been accorded the full right of defence either orally or in writing.

A schedule of offences that may constitute grounds for termination, summary dismissal and other disciplinary action shall include the following:-

1. Summary Dismissal

d. Stealing of company property

ii. Willful damage to company property

iii. Fighting on Company premises

iv. Being guilty of negligence resulting in substantial loss or damage to the company

v. Breaching safety, health and environmental regulations.

vi. Smoking in non Smoking areas

vii. Falsifying company documents

viii. Indulging in fraud

ix. Bribery and corruption

x. Any offence, which constitutes criminal offence under the laws of Ghana.

xi. Dishonesty.

xii. Drunkenness (under the influence of alcohol)

xiii. Unauthorized use of Company Vehicle

2. Termination

i. Refusing to carry out lawful or definitive instructions

ii. Dereliction of duty.

iii. Insolence/Insubordination

iv. Sleeping on duty

V. Persistent lateness to work

vi. Careless driving

vii. Unauthorized use of company vehicle

viii. Leaving work before closing time

ix. Misuse of company property

X. Disclosure of confidential information without authority.

xi. Conduct or behavior that puts the name of Metro Mass Transit into disrepute,

xii. Ticket malpractice

Notwithstanding disciplinary action in relation to offences listed under this Article 27, other disciplinary action such as suspension, warning and demotion may be applied depending upon the gravity of the offence.

ARTICLE 28: INTERDICTION REGULATIONS

a. If an employee is suspected of having committed an offence which requires investigation, he or she shall be interdicted on half (1/2) of his/her monthly pay pending the outcome of the investigation or final determinant of the case.

b. i. Any proceeding handled by the Disciplinary committee(s) shall be concluded within sixty (60) days unless otherwise determined by circumstances.

ii. Where the committee is unable to determine of a case within the period above then the employee shall enjoy full pay.

c. If after the investigation, the disciplinary committee exonerates the employee, he/she shall be paid in full the period of interdiction and be reinstated in his employment.

ARTICLE 29 a.DISCIPLINARY PROCEDURE

i. Where an employee commits an offence, he or she shall be given a written query warranting a written response within one (1) week.

ii. Before the disciplinary action in Article 28 (a) above is taken, a discussion will be held with the employee regarding the offence. During this discussion, the employee shall be given an opportunity to defend himself/herself in the presence of management and representative of the union.

iii. A warning or suspension from work, termination of appointment or summary dismissal may be imposed as a result of the findings by the disciplinary committee.

iv. An employee who receives three (3) warning letters within a period of twelve (12) months from the date of the first warning shall be terminated from employment.

v. The company shall furnish copies of written warnings, suspensions, terminations and dismissals to the Divisional Union.

DISCIPLINARY COMMITTEES

There shall be Disciplinary Committees in all the depots comprising two (2) members from the Union and three (3) members from Management. The local management shall select the three (3) and shall be approved by top management. The Disciplinary Committee will recommend sanctions such as warnings and suspension.

APPEALS COMMITTEE

There shall be Appeals Committee of seven (7) comprising three (3) from the Union, four (4) from Management represented by the Heads of Legal, Human Resource, Traffic Operations and Technical Departments or their representatives one of whom shall be Chairman to review petitions/appeals from the disciplinary committees. The committee shall handle petitions.

Management and representatives of the Union shall agree upon a document spelling out the functions and operations of the Disciplinary Committees and Appeal Committee. (Standing orders/Disciplinary Procedures Manual).

ARTICLE 30: LEGAL ASSISTANCE FOR EMPLOYEES

In the event of any legal proceedings being brought against an employee for a lawful act done in the course of his lawful duties, the company shall assist the employee by providing legal representation in defending the said employee either in Court or before any body set up for the settlement of the dispute.

ARTICLE 31: GRIEVANCE PROCEDURE

a. Grievance shall be defined as the cause for complaint or protest. This may arise as a result of a decision by the company in connection with the non-compliance with the employee’s terms and condition of employment in the interpretation, application and violation of this Collective Bargaining Agreement.

b. The parties to this Collective Bargaining Agreement recognize that a grievance should be resolved promptly and as close to the lowest level as possible and the following procedure shall accordingly be observed in settling all grievances.

STEP ONE:

Where the employee is dissatisfied with any decision by the company on any matter except disciplinary issues affecting his condition of employment, he shall in the first place report his grievance direct to his supervisor and his shop-steward. The Supervisor and the shop steward shall investigate and deal with the matter within two (2) working days of receiving the grievance.

STEP TWO:

Where the employee is still dissatisfied with the findings of the investigation, he shall refer it to the sectional Head in writing within two (2) working days after receiving the findings. The Sectional Head shall endeavour to resolve the matter and give the employee his findings in writing within four (4) working days.

STEP THREE:

In the event that the employee is still dissatisfied with the findings, the employee may submit the grievance in writing to the head of Department or Manager and he shall invite the employee, the Divisional Union and other appropriate personnel to review the grievance. The head of Department or Manager shall deal with the matter within a period of two (2) weeks.

At the foregoing levels of investigations and before the matter is officially brought to the attention of the Managing Director investigation reports shall be served on the Managing Director for his information.

STEP FOUR:

In the event that the employee is still dissatisfied with the decision, the union officials shall refer the issue to the General Secretary of the National Union who will arrange to meet the Managing Director

STEP FIVE:

If the issue is still unresolved either party to this Collective Agreement shall request the Standing Negotiating Committee to resolve the issue.

STEP SIX:

If the issue can still not be resolved at this stage the matter may be referred to MEDIATION in accordance with section 154 of the Labour Act 2003, Act (651) and to institute arbitration if mediation fails.

ARTICLE 32: LEAVING THE SERVICE OF THE COMPANY

Introduction:

The modes by which an employee may leave the service of the company shall be:-

1. By termination of appointment

2. By summary dismissal

3. Retirement

4. Resignation

5. On being declared redundant or through severance.

6. On retirement on medical grounds (ill-health).

7. upon death of employee

Termination

In the case other than misconduct, the company may terminate employment of a confirmed employee in accordance with Section 62 of the Labour Act 2003 (Act 651) and as defined under Article 27c (2)

Summary Dismissal:

In the event of an employee being found guilty of gross misconduct by the company, he shall be summarily dismissed as defined in Article 27c (1).

Resignation:

A confirmed employee who wishes to resign from the service of the company shall give one (1) month’s notice or one (1) month’s basic pay in lieu of notice.

Retirement:

a. Retirement from the service of the company shall either be voluntary or compulsory

b. The statutory age for retirement shall be as prescribed in the Social Security Law 1991, (PNDC Law 247) or as may be amended.

c. An employee who wishes to retire voluntarily shall give the company three (3) months notice.

d. When the employee has reached the age for compulsory retirement, he shall be so informed by the company twelve (12) months prior to the date of retirement.

RETIREMENT BENEFIT

Where an employee attains compulsory the retiring age of sixty (60) years and is duly retired by the Company, he/she will be assisted with two (2) months’ salary to enable him/her settle as she/he processes his/her pension.

This assistance will not be extended to employees who leave the Company under any of the following circumstances:

• termination of appointment - summary dismissal

• resignation

- vacation of post

® as well as those engaged on contract basis Retirement on Medical Grounds:

An employee may be retired on medical grounds if found unfit to carry out his duties by a medical officer as a result of ill-health occasioned by either occupational or non-occupational injury/disease by the Company’s Medical Officer.

Redundancy/Severance:

a. Where there is a close down or where the Company is being reorganized or undergoes an amalgamation or an arrangement which leads to severance of relationship between the Company and the employee then the relevant provision of section 65 of the Labour Act (2003) Act 651 shall apply.

b. The amount of redundancy pay and the terms and conditions of payment shall be subject to negotiation between the Company on the one hand and the workers on the other hand.

c. No employee shall be discharged by the company during his absence on authorized leave or maternity leave rather he/she should be recalled from Leave and the uncompleted portion of the leave commuted into cash and shall be paid as part of his/her package.

ARTICLE 33: Compensation for loss of Employment

Where an employee loses his employment under any lawful circumstances other than closure or amalgamation of the Company, then the relevant provision of Section 65 (4) of the Labour Act (2003), Act 651 shall apply.

ARTICLE 34: MEDICAL FACILITIES

a. All employees of MMT shall seek medical care under the National Health Insurance Scheme (NHIS) and this shall cover their registered spouses whose names appear on the Employee Data Form.

b. All new employees shall be required to register under the NHIS before taking up appointment with the Company.

c. All employees and their registered spouses shall renew their expired policies and the company shall reimburse them upon submission of certified receipts.

c. The Company shall offer a maximum of Three Hundred and Seventy-Five Ghana Cedis (GHc 375.00) annually as financial support to its employees to meet the medical expenses including prescribed drugs, only if such expenses are not covered by the NHIS. Employees must be valid registered members of the NHIS to enjoy this facility.

d. Under special circumstances, the Company will pay for extra medical expenses if it exceeds the threshold of refund.

ARTICLE 35: ACCIDENTS AND WORKMEN’S COMPENSATION / INSURANCE COVER

a. In his own interest and that of other employees, every employee is expected to take care of his work and endeavour to prevent accidents.

b. No employee shall work, operate or drive a machine or vehicle unless he has been authorized to do so by a recognized officer of the company mandated to give such authorization or unless he is under the direct supervision of a qualified trainer.

c. No employee shall be assigned to work that is likely to cause injury.

d. An employee shall comply with instruction given for his own safety and health and those of others.

e. No employee shall work under any conditions, which are hazardous or dangerous unless he is provided with the correct personal protective Equipment (P.P.E.) and necessary permit to work.

f. All incidents and unusual occurrences must be reported as soon as possible to the employee’s immediate Supervisor.

g. The company shall as soon as possible notify the health/safety committee of all incidents which involve or are classified reportable or vehicle injury which are likely to lead to an enquiry or to an inquest.

h. An employee who may sustain an injury as verified by the Medical Officer or contract occupational disease arising out of and in the course of his employment shall be treated by the company until such time that he is fit to resume work or is retired on medical grounds.

j. Compensation shall be paid in accordance with the workman’s compensation Law 1987 (PNDCL 187).

ARTICLE 36: GENERAL TRAINING/INDUCTION

1. No employee shall be employed in any work of any description in the company unless that employee has received the necessary instruction and training including safety and health so as to be able to do the work competently and safely.

2. Individual records of all such training and where necessary re¬training shall be maintained by the company.

3.The nature and period of training or re-training for all the various categories of employment shall be made known to the employees concerned.

ARTICLE 37: LOANS

a. An employee may apply for a compassionate loan from the company. The rules and regulations of the loan shall be determined by the company.

b. Rent Loan

Employees who have secured their own means of accommodation from where they will proceed daily to their places of work but cannot afford Rent Advance demanded by Landlords may apply to the Managing Director through their Managers and the Human Resource Manager for assistance to meet such request.

This loan which may not exceed Five Hundred Ghana Cedis (GHc 500.00) shall be recovered within two years by installment payments and shall attract an annual interest of five per cent (5%).

To qualify for Rent Loan an employee must have worked with MMT for at least two (2) years. AAMT does not bind itself to providing loans to employees for any purpose if the finance of the Company does not permit that.

ARTICLE 38: AWARDS

a. The company may establish an awards scheme to recognize outstanding performance, safety and other meritorious achievements.

b. Best Worker Award

To motivate employees for higher productivity the company shall institute Best Worker Award Scheme to reward deserving workers annually.

c. Long Service Award

For the purpose of motivating employees by way of recognizing and showing appreciation of the Long Service and diligence, an award scheme will be instituted for Long Service at five (5) years interval from ten (10) years service onwards.

Metro Mass Transit Limited shall issue appropriate certificates and souvenirs/cash donations which shall be approved by the Board.

d. Bonus

To motivate employees for higher productivity, the Company will consider the payment of bonus package to deserving employees.

ARTICLE 39: ANNUAL INCREMENTS

a. Annual increment shall be granted in accordance with salary scale.

b. In exceptional cases of outstanding performance an employee may be awarded such increments as may be determined by Management.

c. Where an employee’s annual increment is suspended because of unsatisfactory work, the employee’s performance shall be reviewed during the following six (6) months with the view of restoring the increment though with no retrospective effect.

ARTICLE 40: PAID SICK LEAVE (NON OCCUPATIONAL)

a. An employee who is absent from work on account of accident or ill-health shall notify the company within forty-eight (48) hours.

b. Sick leave shall be granted to any employee on full pay up to six months during any period of twelve (12) months. The employee shall then take any vacation leave due him and thereafter if still certified to be ill he shall be on half pay for a further period not exceeding six months.

The granting of a further sick leave with or without pay shall be at the discretion of the Managing Director in accordance with the regulations of the Company.

c. However, if at any time the medical officer is of the opinion that further medical care may not benefit the sick employee his appointment shall be terminated on medical grounds.

d. Employees on sick leave and in receipt of sick pay shall not offer themselves for or accept other gainful employment. Such behaviour shall attract disciplinary action under Article 27c (ii).

e. In special circumstance, the company shall upon the production of satisfactory evidence, refund the cost of treatment charged by the member of state-approved Traditional Healers’ Association, on the recommendation of the Company’s Medical Doctor.

f. if any employee is injured in the course of performing his normal duties he shall receive his full salary and other allowances until he is fully recovered.

ARTICLE 41: MATERNITY LEAVE

a. A confirmed female worker, on production of a medical certificate issued by a medical practitioner or a midwife indicating the expected date of her confinement’ is entitled to a period of maternity leave of at least twelve weeks in addition to any period of annual leave she is entitled after her period of confinement.

b. Maternity leave shall be additional to annual and sick leave entitlements.

c. Absence from duty arising from pregnancy in excess of the maximum period described in (a) and (b) above shall be regarded as absence on the grounds of ill-health upon the production of medical certificate and the rules governing sick leave will apply.

d. A female employee on returning to duty after maternity leave shall be granted two (2) hours each day for nine (9) months to nurse her baby.

f. No qualified female employee shall have her appointment terminated simply because she has been pregnant and had been on maternity leave.

ARTICLE 42: ROAD ACCIDENT

a. When a driver is involved in an accident, an accident committee of the company, which shall include a representative of the union, shall be appointed to investigate the case and submit a report to management.

b. Depending on the circumstance, a driver who is involved in an accident shall be interdicted as per Article 28.

c. Accident reports shall be made and submitted before the affected employee departs the premises after completion of the days work unless otherwise determined by circumstances.

ARTICLE 43: INCENTIVE TRIP ALLOWANCE

Incentive Trip Allowance would be provided to workers who perform duties outside their normal place of work and that the allowance would be reviewed as and when the need arises.

ARTICLE 44: PROVIDENT FUND

Employees shall contribute 5% of their monthly salary to a Provident Fund to which the Company shall also contribute 3% of employees’ basic salary.

ARTICLE 45: TRANSFERS

Where an employee is transferred from his/her normal place of work to another geographical location, the employee shall be paid two (2) months salary as transfer grant. In addition, the employee shall be entitled to two (2) weeks out of station allowance to him/her secure accommodation.

ARTICLE 46: TOOLS ALLOWANCE

a. Where there are inadequate tools in the workshop, and an employee is required to use his/her own tools for the service of the Company, the company shall pay artisans an amount of Five Ghana Cedis (GHc 5.00) a month as tools allowance.

b. The company may assist artisans to buy their own tools on credit and the cost shall be deducted from their salaries.

c. Management shall submit a list of approved tools to the union for study and compliance. Heads of Departments or their authorized Representatives shall inspect tools periodically.

ARTICLE 47: FREE BUS PASS

a. Employees shall be allowed free ride on the company’s intra- city buses.

b. All employees and their registered spouses and a maximum of four (4) children below the age of eighteen (18) years, shall be entitled to three (3) free bus passes each on the company’s inter-city buses per year. In an instance where the employee or his dependents carries/carry luggage, in commercial quantities MMT’s conditions of carriage will apply.

c. Retired employees of the Company will be entitled to free bus pass once a year.

ARTICLE 48: CERTIFICATE OF SERVICE

The company shall give a certificate of service on demand to an employee leaving the service of the company on retirement or resignation.

ARTICLE 49: RENEWAL OF DRIVERS LICENCE

The Company shall bear the cost of the renewal of the driving licenses of all Metro Mass Transit drivers and mechanics who have been authorised to drive MMT vehicles.

ARTICLE 50: RESPONSIBILITIES OF PARTIES TO THE AGREEMENT

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

Nothing in this Agreement shall worsen any existing conditions not mentioned in this Agreement.

The effective date of this Collective Agreement shall be 1st January, 2011.

Signed for and on behalf of

Metro Mass Transit Limitedof the General Transport

STEPHEN YEBOAH

HUMAN RESOURCE MANAGER

Signed for and on behalf

Petroleum and Chemical Workers’ Union of Ghana TUC

HAYFORD BAAPEH

DIVISIONAL UNION SECRETARY

Metro Mass Transit Limited - 2011

Start date: → 2011-01-01
End date: → 2013-12-31
Ratified by: → Ministry
Ratified on: → 2011-01-01
Name industry: → Transport, logistics, communication
Public/private sector: → In the public sector / semi-public sector
Concluded by:
Name company: → Metro Mass Transit Limited
Names trade unions: → The General Transport Petroleum and Chemical Workers Union

TRAINING

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

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 100 %
Maximum days for paid sickness leave: → 182 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → 
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 12 weeks
Job security after maternity leave: → Yes
Prohibition of discrimination related to maternity: → 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

GENDER EQUALITY ISSUES

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

EMPLOYMENT CONTRACTS

Part-time workers excluded from any provision: → 
Provisions about temporary workers: → 
Apprentices excluded from any provision: → 
Minijobs/student jobs excluded from any provision: → 

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per day: → 8.0
Working hours per week: → 40.0
Working days per week: → 5.0
Paid annual leave: → 21.0 days
Paid annual leave: → 4.0 weeks
Paid bank holidays: → Christmas Day, Army Day / Feast of the Sacred Heart/ St. Peter & Paul’s Day (30th June), Chile Independence Day (18th September), John Chilembwe Day (15th January)
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

Wage increase

Once only extra payment

Once only extra payment due to company performance: → Yes

Premium for overtime work

Premium for overtime work: → GHS 10.0 per hour overtime

Allowance for seniority

Allowance for seniority after: → 10 years of service

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → 
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