New

COLLECTIVE BARGAINING AGREEMENT BETWEEN GREAT YADUO INDUSTIRES LIMITED AND KENYA SHOE AND LEATHER WORKERS UNION

1. PREAMBLE:

Terms and conditions of employment set out in this Agreement shall be observed by both parties and shall apply to all unionisable employees covered by the Recognition Agreement and as provided by the current FKE/COTU (K) Agreement.

2. PROBATIONARY PERIOD:

(a) Probationary period shall be the first six months from the date of employment and during this period either party may terminate the contract by giving 48 hours notice in writing or pay in lieu of notice.

(b) Upon completion of the probationary period, the employee shall be confirmed in the appointment in writing.

3. WORKING HOURS:

The normal working hours shall consist of Fourty Five (45) working hours spread over the week. Provided that an employee who is required to work in excess of such hours shall be paid overtime worked.

4. OVERTIME

Overtime shall be paid at the following rates:-

(a) For time worked in excess of the normal number of hours per week at one and half times the normal hourly rate.

(b) For time worked on rest days or public holidays at double or twice the normal hourly rate.

5. ANNUAL PAID LEAVE:

a. After twelve consecutive months of service an employee shall be entitled to 21 working days leave with full pay.

b. Where employment of an employee is terminated after completion of two consecutive months of service with the company he or she shall be paid pro-rata leave at the rate of one and three quarter days of leave with full pay per month.

6. GAZZETED PUBLIC HOLIDAYS :

An employee shall be entitled to Gazeted Public Holidays with full pay provided that an employee who is required to work on such holidays shall be paid overtime or be given the day as leave with full pay.

7. COMPASSIONATE LEAVE :

An employee desiring to take leave on compassionate grounds shall by prior arrangement with the Management be granted such leave upto 10 days leave and the leave taken shall be subsequently set off against

8. LEAVE TRAVELLING ALLOWANCE:

An employee proceeding on Annual Leave shall be entitled to Leave Travelling Allowance of Kshs. 200/=

9. HOUSE ALLOWANCE:

An employee who is not provided with free housing accommodation with his employer shall in addition to his salary be paid housing allowance of 15% of his basic salary as house allowance.

10. SICK LEAVE:

After two months continuous service with the company an employee shall be entitled to a maximum of thirty (30 days) days sick leave with full pay and thereafter to a maximum of 15 days sick leave with half pay in each period of 12 months consecutive service.

The employee shall be required to produce a certificate of incapacity convening the period of sick leave claim signed by a qualified medical practitioner.

11. MATERNITY LEAVE:

A female employee shall be entitled to three months maternity leave with full pay and shall not forfeit her annual leave for that year.

The employee shall be required to produce a notification letter to the management 7 days before she leaves; and produce notification of birth when she is back to duty.

12. PATERNITY LEAVE :

A male employee shall be entitled to two weeks paternity leave with full pay and shall be required to produce notification of birth. The male employees shall register their spouses with the management in advance.

The employee shall only take once paternity leave per year.

13. TERMINATION OF EMPLOYEMENT:

a. After the completion of probationary period employment may be terminated by either party giving one month’s notice in writing or pay in lieu.

b. An employee whose services are terminated by his employer shall qualify to 16 days pay for each completed year of service as gratuity.

14. INJURY BY ACCIDENT/WORK PLACE INJURY:

An employee injured by accident in the course of his/her employment shall be entitled to compensation in accordance with the Work Injury Benefits Act 2007.

15. SALARY ALLOWANCE

An employee who is required to perform his/her duties away from his/her principal place of work shall be entitled to safari allowance as follows:-

(i) Breakfast -Kshs. 100/=

(ii) Lunch-Kshs.150/=

(iii) Dinner -Kshs. 150/=

(iv) Over night/Acc-Kshs. 500/=

16. REDUNDANCY:

Definition

Redundancy is the loss of employment, occupation, job or career by involuntarily means through no fault of an employee involving termination of employment at the initiative of an employer, where the services of an employee are superfluous and the practices commonly known as abolition of office, job or occupation and loss of employment.

a. ALTERNATIVE EMPLOYMENT:

In an effort to avoid redundancy, the company will endeavor to arrange suitable alternative employment within the company. This employment may not be of the same grade. If the alternative employment cannot be made available by the company to the employee concerned, the employee will be classified as redundant and therefore be eligible for the entitlement outlined in sub-clause (d) below.

b. CONSULTATION

In the event of Redundancy the company undertakes to hold prior discussions with the union concerning the reasons for and the extent of the intended redundancy.

c. SELECTION OF REDUNDANT EMPLOYEES:

In the selection of employees to be declared redundant, the company shall have due regard to seniority in time and the skill ability and reliability of each employee of the particular class of employees affected by the Redundancy and the membership or non-membership of the union will not be a factor.

d. RE-ENGAGEMENT OF REDUNDANT EMPLOYEES:

Redundant employees will be given priority in consideration for re-engagement by the company should a vacancy arise marching their qualifications.

e. ENTITLEMENT OF REDUNDANT EMPLOYEES:

In the event of an employee being declared redundant; he or she will be entitled to the following;

I. One month’s notice in writing or pay in lieu of notice.

II. Payment of wages, overtime and any other remunerations which may be due, calculated upto the date which he/she ceases to work.

III. Any leave due to an employee to be paid in cash.

IV. Severance pay at the rate of 16 days for each completed year of service.

17. PROTECTIVE CLOTHING:

a. An employee, who is required to wear protective clothing and overalls by nature of his/her job in accordance with the provisions of Occupational Safety and Health Act of 2007 shall be issued with two sets of such free of charge by the company per year unless they are worn out.

b.The company provides one bar soap per month for washing of the uniform.

18. ACTING ALLOWANCE:

Where an employee is required to work in full acting capacity for a period of not less than one month in an occupation or grade which is higher than the basic wages normally earned the employee shall be paid acting allowance at the rate not less than the difference between such higher minimum wage and his normal wage.

19. WARNING SYSTEM:

An employee whose work is unsatisfactory and or who commits an offence which in the opinion of the employer does not warrant summary dismissal shall be warned in writing after he has been advised verbally of the facts by his supervisor. The following procedure shall be followed:-

a. The first and second warnings shall be recorded in the employees record card and the shopsteward shall be informed.

b. The second warning shall be copied to the Branch Secretary of the union.

c. If an employee with two (two) warnings on his/her record commits a third (third) offence he/she will be liable to summary dismissal.

d. If an employee completes three hundred sixty five (365) consecutive days from the date of the last warning without further fault/Mistakes the said warning recorded on his/her personal file will be cancelled.

20. SUMMARY DISMISSAL

An employee shall be liable to summary dismissal for gross misconduct as defined in the Employment Act 2007, namely:-

(i) If without leave or other lawful cause, an employee absents himself/herself from the place proper and appointed for the performance of his/her work.

(ii) If, during working hours, by becoming or being intoxicated, an employee renders himself/herself unwilling or incapable to properly perform his/her work properly.

(iii) If an employee willfully neglects to perform any work which it was his/her duty to have performed, or if he/she carelessly and improperly performs any work from its nature it was his/her duty under his/her contract to have performed carefully and properly.

(iv) If an employee uses abusive or insulting language or behaves in a manner insulting, to his/her employer or to person placed in authority over him/her by his/her employer.

(v) If an employee knowingly fails, or refuses to obey a lawful and proper command which it was within the scope of his/her duty to obey, issued by his/her employer or a person placed in authority over him/her by his/her employer.

(vi) If, in the lawful exercise of any power of arrest given by or under any written law, an employee is arrested for a cognizable offence punishable by imprisonment and is not within fourteen (14) days either released on bail or bond or otherwise lawfully set at liberty.

(vii) If an employee commits, or on reasonable and sufficient grounds is suspected of having committed criminal offence against or to the substantial detriment of his/her employer’s or property.

21. ABSENTEEISM

In the event of a worker being absent from duty without leave or permission, the company shall not effect the dismissal of such an employee until the elapse of 10 days absence from his lawful place of work and provided such absence was solely occasioned by his/her or dependent’s illness, death, accident or circumstances beyond human control, shall not be dismissed from work.

The employee shall produce to the employers documentary evidence as to the cause which will enable the employer to use his desecration without which the employer reserves the right to dismiss the service of such an employee.

22. CERTIFICATE OF SERVICE:

1) Every employee shall be given a certificate of service by his employer upon the termination of his employment, unless such employment has continued for a period of less than four consecutive weeks and every such certificate shall contain:-

a.The name of the employer and his postal address,

b.The name of the employee,

c.The date when employment commenced

d.The nature and usual place of employment

e.The date when employment ceased and

f.Such other particulars as may be prescribed.

2) Subject to subsection (1) of this section, the employer is not bound to give to any employee any testimonial, reference or certificate relating to the character or performance of an employee.

23. CASUAL EMPLOYEE

Casual employees shall be treated as per the law.

24. LEAVE FOR EDUCATION,SEMINAR AND COURSES

The company shall grant leave with full pay to the union members sponsored by the union to attend educational seminars and courses for the entire duration of such seminars and provided prior consultations and agreement has been reached between the union and the company. One shopsteward shall be granted leave with full pay for one week; and the union shall give the company a letter one week ahead.

25. RETIRMENT AGE

(a) The retirement age shall be 55 years.

(b) An employee who retires shall be paid the following :-

(i) One month’s notice in writing or pay in lieu of such notice.

(ii) Pro-rata leave

(iii) Wages for days worked.

(iv) Fifteen days pay for each completed year of service.

26. DEATH OF AN EMPLOYEE:

(a) When death occurs of an employee from any cause whatsoever and is brought to the notice or comes to the knowledge of his/her employer, the employer shall as soon as practicable thereafter give notice thereof in the prescribed form to the Labour Officer, or if there is Labour Officer, to the District Commissioner of the District in which the employee was employed.

(b) The employer shall pay all wages due to the employee at the date of his death and all property belonging to the deceased employee for transmission to the person legally entitled thereon.

27. RETIREMENT ON MEDICAL GROUND:

An employee who retires from the company service on medical grounds shall be entitled to :-

(a) Notice in writing or pay in lieu of such notice.

(b) Pro-rata leave

(c) Payment of wages for days worked, overtime and any other remuneration which may be due to the employee.

(d) 15 days pay for each completed year of service. The employee shall produce medical report from a qualified medical practitioner appointed by the company – confirming the same.

28. MEDICAL TREATMENT

The Provision of Section 34 of Employment Act 2007 and Medical Treatment Rules of 2014 shall apply to all employees in matters of medical treatment.

29.GENERAL WAGE INCREASE:

Employees who were in the service of the company by 30th June 2014 shall be entitled to a wage increase of 5% for the 1st Year effective from 1st July 2014 and another 5% for the 2nd Year effective from 1st July 2015.

30. BASIC MINIMUM WAGES :

JOB TITLE WAGES
General Labourers, Cleaners, Sweepers Kshs..9,781/=
Turn Boys Kshs..10,564/=
Machine Attendants Kshs..11,086/=
Drivers – Cars and Light Vans Kshs..13,202/=
Drivers – Medium Sized Vehicles Kshs..16,603/=
Drivers – Heavy Commercial Vehicles
Kshs..22,071/=

31.EFFECTIVE DATE AND DURATION OF AGREEMENT:

a. This agreement shall be effective from the 1st July 2014, and shall remain in force for a period of two (2) years. Thereafter the agreement shall continue in force until it is amended. Provided that the party desiring to amend it gives three months notice prior to the effective date giving in details the amendments so required.

SIGNED:FOR AND ON BEHALF OF GREAT YADUO INDUSTRIES LTD

-----------------------------------------------------------

CHEN JIANJUN (BENNY)

GREAT YADUO INDUSTRIES LIMITED

----------------------------------------------------

LING LING

GREAT YADUO INDUSTRIES LIMITED

SIGNED: FOR AND ON BEHALF OF KENYA SHOE AND LEATHER WORKERS UNION

---------------------------------

JULIUS MAINA

GENERAL SECERETARY

WITNESSED BY :

----------------------------------------------------------

EVANS SINDEUAMOS MORACHA

BRANCH SECERETARYSENIOR SHOPSTEWARD

WITNESSED BY: ----------------------------------------------------

G.R. AMBUCHE

INDUSTRIAL RELATIONS OFFICER

DATED THIS ----------------------DAY OF-------------------2014

KEN Great Yaduo Industries Limited - 2014

Start date: → 2014-07-01
End date: → 2016-06-30
Name industry: → Manufacturing
Name industry: → Manufacture of leather and related products
Public/private sector: → In the private sector
Concluded by:
Name company: →  Great Yaduo Industries Limited
Names trade unions: →  COTU - Kenya Shoe and Leather Workers Union

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 24 %
Maximum days for paid sickness leave: → 50 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: → 13 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → No
Prohibition of discrimination related to maternity: → No
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → 
Workplace risk assessment on the safety and health of pregnant or nursing women: → 
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → 
Time off for prenatal medical examinations: → 
Prohibition of screening for pregnancy before regularising non-standard workers: → 
Prohibition of screening for pregnancy before promotion: → 
Facilities for nursing mothers: → No
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: → 14 days
Paternity paid leave: → 14 days

EMPLOYMENT CONTRACTS

Trial period duration: → 180 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 week: → 45.0
Paid annual leave: → 21.0 days
Paid annual leave: → 3.0 weeks
Paid bank holidays: → Christmas Day (25th December), Easter Monday, 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
Wages specified according to skill level: → 0
Wages specified according to job title: → 0
Provision that minimum wages set by the government have to be respected: → No
Agreed lowest wage per: → Months
Lowest wage: → KES 9781.0
Adjustment for rising costs of living: → 0

Wage increase

Wage increase: → 5.0 %
Wage increase starts: → 2014-07

Extra payment for annual leave

Extra payment for annual leave: → KES 200.0

Premium for overtime work

Premium for overtime work: → 150 % of basic wage

Premium for Sunday work

Premium for Sunday work: → 200 %

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → 
 
Loading...