1.0 PREAMBLE
This Memorandum of Agreement on Terms and Conditions of Service is made between KENYA KAZI SERVICES LIMITED P.O. Box 14662-00800 NAIROBI (Hereinafter referred to as “the Company”) and KENYA NATIONAL PRIVATE SECURITY WORKERS’ UNION (Hereinafter referred to as the Union).
Whereby the parties meeting together in free heart and voluntary association have determined the terms and conditions of service which shall apply to employees of the American Embassy Contract covered by this Agreement throughout Kenya in occupational grades shown under Appendix A of this Agreement. This Agreement supersedes all terms and conditions of employment previously applicable to unionisable employees whether or not they become members of the Union.
2.0 ENGAGEMENT
Every employee on engagement shall be given a letter of Appointment prior to commencing duties and such letter shall bear the employee’s job title, salary and other related matters pertaining to the employee’s terms and conditions of service. Every new employee shall have access to a copy of the current CBA, staff Rules and Company Policies through his/her Controlling Manager and Shop steward.
3.0 UNION SECURITY
All Security Officers and those hired in the future for all work done on American Embassy Kenya shall on the 30th day following the beginning of their employment, or the signing of this Agreement, whichever is later, be and remain members of the Union. New or temporary employees, shall be on probation for the period of two months. Thereafter, they shall be deemed regular employees, but shall be required to become members of the Union upon being hired. (if not a member of the Union agency fee shall apply in accordance with section 49 of the Labour Relations Act 2007).
4.0 PROBATION AND CONFIRMATION
The first two months of employment will be treated as probationary period and during that probationary period the contract may be terminable by either party by seven days notice to be given by either party in writing or otherwise by the payment by either party in lieu of notice of not less than seven days’ wages. Upon successful completion of probation the employee will be confirmed immediately in writing.
The first two months shall be treated as probationary period and during this period the contract may be terminated by either party giving 7 days Notice in writing or payment of 7 days in lieu of such notice. Upon successful completion of probation the employee shall be confirmed in the appointment in writing.
Probation periods maybe extended based on performance at the discretion of the management.
5.0 DEDUCTIONS OF UNION DUES
The deduction of the Trade Union dues shall be through the check-off system as governed by section 48 of the Labour Relations Act, 2007. All shall remit to the Union Kshs. 300.00 per month and those above the rank of guards shall pay Kshs.500.00 per month inclusive of COTU of dues Kshs. 100.00.per month.
6.0 AGENCY FEES
The deduction of Agency fees in the implementation of the Collective Bargaining Agreement shall be as stipulated in the Labour Relations Act, 2007, Section 49.
7.0 TERMINATION
It shall be a condition of every contract of employment that the contract shall be terminable by one month’s notice to be given by either party in writing or otherwise by payment by either party in lieu of notice of one month’s salary.
8.0 SUMMARY DISMISSAL
An employee can be dismissed by the company on gross misconduct for reasons defined in section 44 of the Employment Act 2007 Laws of Kenya, and as may be amended from time to time. Section 41 of the Employment Act shall also be applicable.
9.0 ANNUAL LEAVE
Employees will, after an initial period of 12 months’ services be entitled to 26 working days annual leave with pay. After completion of 12 month of continuous service with the company, an employee shall be entitled to 26 working days annual leave with full pay.
10.0 MATERNITY LEAVE
A female employee shall be entitled to three months (3) Maternity leave with full pay and shall not forfeit her annual leave for that year.
11.0 PATERNITY LEAVE
A male employee shall be entitled to two weeks paternity leave with full pay administered in accordance with Employment Act 2007.
12.0 SICK LEAVE
An employee will be allowed 2 months full pay then half pay on the third month in each year of service, provided that the employee produces a medical certificate signed by a qualified/registered medical practitioner. After two weeks of continuous service with the company, an employee shall be entitled to sick leave of two months with full pay and thereafter to a maximum of 15 days with half pay in each period of 12 months provided that employee provides medical certificate of incapacity from a qualified Medical practitioner or a person acting on his behalf.
13.0 COMPASSIONATE LEAVE
1) An employee desiring to take leave on compassionate grounds shall by prior arrangement with the employer be granted that leave up to his earned leave entitlement and leave thus taken will subsequently be off set against his annual leave.
2) Having exhausted his/her annual leave entitlement an employee may be granted twenty (20) days compassionate leave without pay in any one year.
14.0 GRIEVANCE HANDLING PROCEDURE
Grievance within the meaning of this provision shall include all complaints or disputes
involving or arising between the parties (workers and employer) concerning the
Interpretation, application or alleged violation of any of the express items of this
This Agreement shall be handled based on the Company’s grievance handling
procedure in conjunction with the Kenya Labour Laws.
15.0 WORK INJURY
In all cases involving injury sustained by an employee arising out of and in the scope of his duty , the provisions of Work Injury Benefit Act, 2007 shall apply.
16.0 GRATUITY
(1). After five years ‘services with an employer, the employee shall be entitled to eighteen days pay for every completed year of service by way of gratuity based on the employee’s wage at the time of termination of service.
(2) An employee who is summarily dismissed for lawful cause or who terminates his services for any reason other than certified ill-health or retirement age shall not be entitled to a gratuity.
Provided that-
(a) In the event of a dispute with regard to termination of services on account of ill-health, the decision of a qualified medical practitioner on such a dispute shall prevail.
(b) The normal retirement age shall be fifty –five (55) years. However individual cases will be considered at the discretion of the management.
17.0 UNIFORMS
Entitled employees shall be issued with uniforms as laid down in Appendix “B” which is attached hereto and forms part of this Agreement. The uniforms shall be issued annually except where expressly specified. All uniforms are the property of the company and must be returned when the employee leaves the Company.
18.0 REDUNDANCY
This shall be done in accordance with Section 40 of the Employment Act 2007.
Redundancy means loss of employment, occupation or career by involuntary means through no fault of employee involving termination of employment at the initiative of the employer where the services of an employee or superous and the practice commonly known as abolition of office, job, occupation and loss of employment. All cases of Redundancy the company shall follow the Provisions of Section 40 of Labour Relations Act 2007.
19. PUBLIC HOLIDAYS
Employees shall normally be granted paid leave of absence on all gazetted holidays, but the Company reserves the right to require employees to work on these days, where this is deemed necessary. The hours worked on these days shall be treated as overtime and paid as follows;
Twice (2.0) the normal rate of wages per hour in respect of any time worked on a gazetted public holiday and rest day.
Formula for calculating overtime shall be
Basic Salary X Overtime Worked X 1.5 divided by 225 hours per month
20. WORKING HOURS
Working hours shall be fifty two spread over six days per week hours spread over five days a week. Any work done beyond this limit shall be treated as overtime and compensated in accordance with regulations No. 7, 8, and 9 of the Regulations of wages of 1998 Private Security (Protective Security Services Order) 1998.
21. ACTING APPOINTMENT
Where an employee is required to work for a period of NOT less than One month in occupation or grade for which the basic minimum wage prescribed under paragraph 3 is higher than the basic wage normally earned by the employee, he shall be paid an acting allowance at a rate not less than the difference between that higher basic minimum wage and his basic wage.
22. TRANSPORT ALLOWANCE WHILE ON TRAINING
Each employee who undergoes the normal training yearly shall be given transport allowance of Kshs. 80.00 per day.
21. TRANSFER ALLOWANCE
Where an employee is transferred to a branch of the employers business, or to a place either within or outside the District and the transfer results in disturbance to housing arrangement, the cost of transporting the employee’s personal and household effects, his wife and up to three children ( if living with him) shall be borne by the employer.
In addition to the amount payable under sub-paragraph (1) the employee shall be paid One Hundred And Fifty (150.00) shillings per day for the first fifteen days.
23. DEATH OF AN EMPLOYEE
In the event of death of an employee while in employment the employer shall pay to the family of the deceased employee guard Kshs. 20,000.00 for the Coffin and Kshs.25, 000.00 for transportation of the body and belongings. Payment shall be made within three days of the employer being notified of death.
24. TRANSPORT/COMMUTER ALLOWANCE PER MONTH.
The Employer shall provide reasonable transport to and fro for all Guards engaged on this contract in both shifts (Day and Night).
25. BONUSES
All privileges such as bonuses which were previously enjoyed by the Guards shall remain in force. As per the Company policy and Contract.
26. MEMBERSHIP
It is a condition that those charged with responsibilities which boarder on managerial duties shall automatically be considered as Managers and cease to be members of the Trade Union.
27. MEDICAL
The employer shall provide medical attention as stipulated in the Employment Act, 2007 Section 34 to all employees engaged in the US Embassy Project.
28. DURATION
The duration of this Agreement shall be for (Two) 2 years and as long as the contract with the US Embassy is in force. The effective date will be 1st June 2013.
APPENNDIX ‘A’
1.BASIC SALARY
|
Category |
Initial | Difference |
Allowance |
|||
| Old Basic Pay | 10% of 2012, 2013 | New Basic
1st year |
12% of 2013, 2014 | New Basic
2nd year |
||
| Security Officer | 14,410.00 | 1,441.00 | 15,851.00 | 1,902.12 | 17,722.12 | |
| Dog Handler | 14,410.00 | 1,441.00 | 15,851.00 | 1,902.12 | 17.783.12 | 3000.00 |
| MRT Crew | 15,100.00 | 1,510.00 | 16,610.00 | 1,993.20 | 18,603.20 | |
| Dispatcher | ||||||
| Drivers | 17,307.00 | 1,730.70 | 19,037.70 | 2,284.52 | 21,312.20 | |
| Senior Guard | 116,618.00 | 1,661.80 | 18,279.80 | 2,193.60 | 20,477.40 | |
| Senior Guard 2 (Crew Commander) | 27,524.00 | 2,752.40 | 30,276.40 | 3,633.20 | 33,909.60 | |
| Supervisor 1 (Shift Supervisor) | 33,735.00 | 3,373.50 | 37,108.50 | 4,453.02 | 41,575.52 | |
| Supervisor 2 (Floater) | 36,495.00 | 3,649.50 | 40,144.50 | 4,817.34 | 44,983.80 | |
| Supervisor 3 (Site Supervisor) | 39,840.00 | 3,984.00 | 43,824.00 | 5,258.90 | 49,110.90 | |
2. LEAVE TRAVEL ALLOWANCE
| Category | Initial | |
| Security Officer | 1,250.00 | 3,000.00 |
| Dog Handler | 1,250.00 | 3,000.00 |
| MRT Crew | 1,250.00 | 3,000.00 |
| Drivers | 1,250.00 | 3,000.00 |
| Senior Guard 1 | 1,250.00 | 3,000.00 |
| Senior Guard 2 (Crew Commander) | 1,250.00 | 3,000.00 |
| Supervisor 1 (Shift Supervisor) | 1,250.00 | 3,000.00 |
| Supervisor 2 (Floater) | 1,250.00 | 3,000.00 |
| Supervisor 3 (Site Supervisor) | 1,250.00 | 3,000.00 |
3. MEAL ALLOWANCE
| Category | Initial | |
Security Officer |
25.00 per day | 140.00 per day |
| Dog Handler | 25.00 per day | 140.00 per day |
| MRT Crew | 25.00 per day | 140.00 per day |
| Drivers | 25.00 per day | 140.00 per day |
| Senior Guard | 25.00 per day | 140.00 per day |
| Senior Guard 2 (Crew Commander) | 25.00 per day | 140.00 per day |
| Supervisor 1 (Shift Supervisor) | 25.00 per day | 140.00 per day |
| Supervisor 2 (Floater) | 25.00 per day | 140.00 per day |
| Supervisor 3 (Site Supervisor) | 25.00 per day | 140.00 per day |
4. HOUSE ALLOWANCE PER MONTH.
| Category | Initial | New Rate |
| Security Officer | 2,500.00 | 3,500.00 |
| Dog Handler | 2,500.00 | 3,500.00 |
| MRT Crew | 2,500.00 | 3,500.00 |
| Drivers | 2,500.00 | 3,500.00 |
| Senior Guard 1 | 2,500.00 | 3,500.00 |
| Senior Guard 2 (Crew Commander) | 2,500.00 | 3,500.00 |
| Supervisor 1 (Shift Supervisor) | 2,500.00 | 3,500.00 |
| Supervisor 2 (Floater) | 2,500.00 | 3,500.00 |
| Supervisor 3 (Site Supervisor) | 2,500.00 | 3,500.00 |
5. CLEANING ALLOWANCE PER MONTH.
| Category | Initial | New Rate |
| Security Officer | 400.00 | 450.00 |
| Dog Handler | 400.00 | 450.00 |
| MRT Crew | 400.00 | 450.00 |
| Drivers | 400.00 | 450.00 |
| Senior Guard 1 | 400.00 | 450.00 |
| Senior Guard 2 (Crew Commander) | 400.00 | 450.00 |
| Supervisor 1 (Shift Supervisor) | 400.00 | 450.00 |
| Supervisor 2 (Floater) | 400.00 | 450.00 |
| Supervisor 3 (Site Supervisor) | 400.00 | 450.00 |
6. NIGHT ALLOWANCE PER NIGHT
| Category | Initial | New Rate |
| Security Officer | 50.00 per night | 85.00 per night |
| Dog Handler | 50.00 per night | 85.00 per night |
| MRT Crew | 50.00 per night | 85.00 per night |
| Drivers | 50.00 per night | 85.00 per night |
| Senior Guard 1 | 50.00 per night | 85.00 per night |
| Senior Guard 2 (Crew Commander) | 50.00 per night | 85.00 per night |
| Supervisor 1 (Shift Supervisor) | 50.00 per night | 85.00 per night |
| Supervisor 2 (Floater) | 50.00 per night | 85.00 per night |
| Supervisor 3 (Site Supervisor) | 50.00 per night | 85.00 per night |
APPENNDIX ‘B’
The employer shall issue at least twice a year, or more frequently if visibly worn, uniforms to include two shirts, two trousers, one pair of shoes, one sweater, one light-weight jacket, one black leather belt, one duty belt, one overcoat (i.e. for colder weather), one raincoat, and beret or baseball cap to each employee. The uniforms shall be dark blue or black. The employers shall issue a whistle, PR-24 baton, ID badge with photo, flexi-cuffs, and flashlight to each employee. Each shirt and jacket shall have a COR approved shoulder patch. In addition to the basic uniform, the employer shall issue a distinctive uniform to each supervisor, such as a blazer or distinctive shirt or hat. The employer shall ensure that each guard post has a working flashlight and whistle. The employer is responsible for replacing worn out batteries immediately.
SIGNED BY:
FOR THE EMPLOYER:
JAMES OMWANDOI
CHIEF EXECUTIVE OFFICER
FRANKLIN MUGENDI
PROJECT MANAGER – US EMBASSY
FOR THE UNION (KNPSWU)
SAAC G. M. ANDABWA
NATIONAL GENERAL SECRETARY
ADEN OSMAN
CHIEF SHOPSTEWARD
WITNESS BY:
COTU REPRESENTATIVE: BENSON OKWARO
ASST. SECRETARY GENERAL - COTU
FKE REPRESENTATIVE: GEORGE R. AMBUCHE
INDUSTRIAL RELATIONS OFFICER
DATE ………………………………………………………………