1. PREAMBLE
(a) Group and the Union meeting together in a free and voluntary Association, agree and enter into an agreement negotiated between them at the Joint Negotiation Committee meeting which shall apply to the workers covered by the Recognition Agreement, subject to exclusion of managerial, supervisory and confidential staff as currently agreed upon between F.K.E./C.O.T.U.(K).
(b) Any other worker(s) or any category of employees who are not Union members by virtue of their faith or any other reasons and wish to be covered or enjoy the benefits achieved and accrued out of this CBA shall have to pay Agency fees as provided under Labour Relations, Act 2007.
2. MINIMUM BASIC AND WAGES INCREMENTS TO EXISTING EMPLOYEES
a) MINIMUM BASIC WAGE RATES
The parties have agreed to form committee to look into the Minimum Wage Rates and Job Grading within 1 year and their findings will form part of this CBA.
b) WAGE INCREASE
All employees who were in the employment of their respective employers as at 31st August, 2013 will receive the following wage increase -
(i) Employees earning Kshs.20,000/- and above per month will receive a wage increase of 8% for the first year effective 1st September 2013 and a further 7% with effect from 1st September 2014.
(ii) Employees earning below Kshs. 20,000/= per month will receive wage increase of 10% for the first year effective 1st September 2013 and a further 10% with effect from 1st September 2014.
c) HOUSING ALLOWANCE
In addition all employees not housed by their respective companies shall receive housing allowance as follows:- All Municipalities and other areas KSh. 4,500/=.
3. HOURS OF WORK
Working Week
The normal working week shall be forty four hours worked over five full days, or over five full days and one part day, in any seven consecutive days subject however to any Company at present working less than forty four hours shall not be increased without prior consultation with the Union in terms of the Memorandum of Recognition Agreement. Provided that those companies who are currently working less than forty four hours shall not increase their working hours as a result of this Agreement.
Normal Working Hours
a) Printing Trades 5 Days Week
The maximum hours in a normal full day shall be nine actual working hours that shall be consecutive other than where broken by breaks for meals.
b) Printing Trades 5½ Days Week
The maximum normal hours in a normal full day shall be eight actual working hours that shall be consecutive other than where broken by breaks for meals and the maximum normal hours in a normal part day shall be five hours that shall be consecutive other than where broken by breaks for meals.
c) Kindred Trades 5 and 5½ days Week
The maximum normal hours in a normal day shall be actual working hours that shall be consecutive other than where broken by breaks for meals and the maximum normal hours in a normal part day shall be five hours that shall be consecutive other than where broken for meals.
d) Starting and Finishing Times
The actual starting and finishing times shall be determined by the requirements of each individual employer.
In the event of the employer's place of work not being made available to the employee at the normal starting time the employee will be entitled to full pay for anytime lost to him there from. The normal hours of work will be given to the employee in writing.
4. LATE ARRIVALS
If an employee reports for work late, that is after the time fixed by his employer for the commencement of work, any deduction for the time lost shall be calculated at the normal hourly rate. Any permission given by an employer to an employee for absence may also be deducted at normal rates.
5. OVERTIME
The basic hourly rate for any employee shall be calculated by the formula:-
An employee eligible for overtime payment who works longer hours in any day hours fixed by his employer in accordance with the terms of agreement shall be paid at the rate of 1½ times the basic hourly rate applicable to the particular employee concerned exempting:
a) Work on the seventh day nominated by the employer or Sunday
b) Work on gazetted public holidays (as laid down in the Public Holidays Act), which shall be paid at the rate of 2 times basic hourly rate applicable to the particular employee concerned.
6. SHIFT WORKER
a) A shift worker shall be an employee who is regularly called to work, wholly or partly, hours outside the normal hours laid down by his employer subject to a minimum of 30 hours and to a maximum of forty hours per week and the number of hours each day as specified in Clause 3 (normal hours) of this Agreement.
b)" Regularly" as in the above clause shall mean a minimum of one normal shift working day for a minimum of four consecutive weeks.
c) Any employee who is deemed to be a shift worker in accordance with the definition here laid down shall be paid a premium of 15% of his salary for all the normal hours of each shift worked.
d) Should a shift worker work for hours in excess of the normal hours of a shift, he shall be paid for the excess hours at overtime rates.
e) Normal working hours is any time between 7:00 a.m. and 6:00 p.m. provided the current arrangement for shift allowance will remain unchanged.
f) Overtime rates shall be as laid in Clause 5 (overtime) of this Agreement.
g) Shift workers shall not receive shift premium payments for any hours for which they receive overtime payments.
7. RATES ABOVE THOSE LAID DOWN HEREIN
Any employee of any member of the Group who receives a payment of overtime or shift premium at the rate in excess of those laid down in this Agreement shall not suffer any deduction in those rates.
8. ANNUAL LEAVE
a) Twenty eight (28) consecutive days leave shall be granted for each completed year of service.
b) Annual leave may be accumulated to maximum of fifty six (56) consecutive days on the completion of two years service.
c) The time of taking leave shall, whenever possible, be arranged mutually between the employer and employee, but shall otherwise be granted and taken at the convenience of the employer.
d) Any employee with six completed months service or more whose employment is terminated or who resigns shall be entitled to pro-rata days paid leave for each completed month of service.
e) Leave Over Public Holidays
The authorised annual leave of any employee that includes within its number of consecutive days of the following Public Holidays:-
New Year Day
Idd-Ul-Fitr
Good Friday
Mashujaa Day
Easter Monday
Labour Day
Madaraka Day
Christmas Day
Boxing Day
May be extended by the number of Public Holidays as above that are included within the authorised leave period which falls during such Public Holidays.
9. LEAVE TRAVELLING ALLOWANCE
An employee shall be entitled to a travelling allowance of KSh. 4,000/= payable in advance when he/she qualifies to proceed on his annual leave. Such leave allowance will be paid once every year. If any employee does not take his/her leave at the request of the employer, such allowance will be accumulated.
10. RELIGIOUS HOLIDAYS
Members of various religions are entitled to religious holidays on days scheduled as such for their particular religions by Government, Christians and others are entitled to Public holidays only.
11. SICK LEAVE
a) Employees are entitled to 30 days sick leave on full pay and further 30 days on half pay per annum subject to a medical certificate and the employer if not satisfied with such certificate produced by employee may refer the employee for examination by a Company Doctor.
b) Time spent at dispensaries awaiting treatment to be deductible from the 30 days leave on full pay except where the employer has ordered the employee to a Company Doctor for re-checking the medical certificates. At the sole discretion of the employer additional days may be granted to the employee at either half or full pay.
c) Incase of actual continuous hospitalization, the sick leave will be extended up to 30 days with full pay.
12. TERMINATION OF EMPLOYMENT
a) Established employees of up to five (5) years service shall be subject to not less than one calendar month's pay in lieu. On resignation the employee shall give one calendar month's notice or pay one months salary in lieu.
Those with more than five (5) years' service shall be subject to two calendar months notice or two months pay in lieu and on resignation shall give two calendar months notice or pay two months' salary in lieu.
b) An employee whose employment has been terminated by the employer shall be paid gratuity at 15 days basic salary for each completed year of service except where such termination is on account of discipline.
Provided that:-
An employer who operates a pension scheme or provident fund shall not pay the gratuity instead the employee shall get his/her entitlement under such scheme.
c) An employee may be summarily dismissed for proven gross misconduct and only be paid up to and including the date of dismissal plus accrued leave.
d) Where an employee commits any act of misconduct he shall be given a written warning for each act and on fourth instance his employment may be terminated in accordance with paragraph (a) above. An employee shall be entitled to refer any such warnings to his Union for appeal. If an employee completes 12 months from the date of the third warning without further faults, any warning recorded on his/her file will be cancelled.
13. REDUNDANCY
a) Definition of Redundancy
An employee or employees in an undertaking may be redundant when that undertaking has more employees than it can economically employ, a situation that may arise from mechanization.
•Rationalization (Job re-organisation and or simplification) or a decrease in the activity of the undertaking due to economic or other causes.
b) Principles for Redundancy
i) The Union shall be informed 3 months in advance of the intended redundancy.
ii) Selection shall be on the basis of "LAST IN FIRST OUT" in the particular department or classification of employees affected subject to all other factors, such as skill and reliability being in the opinion of the management, equal provided that an employee will not be removed solely because of age or Union activities.
c) Compensation for Redundancy
i) For employees up to ten completed years of service (16) sixteen days for every completed year of service.
ii) For employees with 10 or more completed years of service 21 days basic pay at the rate applicable to the redundant employee on the date of receiving notice from his employer for each completed year of service.
14. CHECK-OFF SYSTEM
a) That employers in the Group will deduct the present monthly subscription of the union from wages/salaries of those employees who wish to pay the Union monthly subscription in this way, who sign a declaration to their employer.
b) That should the Union wish to increase the monthly subscription or impose any special donation as deemed necessary for the furtherance of the Union's objects, the Union will inform the Group and the Union will arrange for a declaration to be signed by each employee agreeing to the increased monthly subscription or special donation which declaration shall be handed by the employee to his employer.
c) That in any month in which a strike or notice to strike is given by the Union against the Group or any member, the Group or such member will suspend the operation of the "Check-off".
d) That the money deducted by each employer from the wage/salaries of his employees in accordance with the terms of this Agreement shall be paid to the Union by cheque not later than the third day after the close of preceding month in which the deductions are made in accordance with this Agreement.
e) That the Union will send to each employer monthly, a proper receipt for the monthly subscription or other levies deducted from employees by the employers in the terms of this Agreement such receipts to identify the employee contributing.
f) Nothing in this Agreement shall be construed to mean that the employees must agree to the "Check-off" if they do not wish it or to violate the provisions of the Labour Relations Act.
g) This Agreement may be terminated by either party giving the other two months notice in writing.
h) Insurance Scheme and Co-operative Society employers will deduct payments for Insurance Scheme and Co-operative Society that are recommended by the Union and authorised by the employees. Provided no employer shall be required to deduct payment from the employee's salary and remit it to more than one co-operative society. Further, no employee shall be allowed to resign from one Society and join another while in the employment of the same employer.
15. MATERNITY LEAVE
(a) A female employee shall be entitled to three months maternity leave with full pay.
i) A female employee who has taken maternity leave shall not forfeit her annual leave entitlement in that year.
ii) Such a female employee shall produce a medical certificate signed by a recognized and duly qualified medical practitioner in charge of a medical aid centre, or a dispensary or by a person acting on her behalf.
iii) Child birth in respect of a female employee shall not be deemed to be sickness under the sickness clause in this Agreement and the employer shall not be required to meet medical expenses incurred thereof.
iv) A female employee who takes maternity leave shall not incur any loss of employment privileges during such period.
v) Where a replacement is engaged for the purpose of replacing a female employee who has gone on maternity leave, such employment shall be of a temporary nature only and the services of the replacement employee shall be terminated automatically on the return to work of the full time employee.
(b) PATERNITY LEAVE
i) A male employee shall be entitled to two weeks paternity leave with full pay.
ii) A male employee intend on proceeding for paternity leave shall only be entitled to the right to paternity leave if he gives not less than seven(7) days notice in advance. The notice herein shall be in writing.
iii) A male employee seeking to exercise this right shall only avail the same where the birth is of a wife registered with the Company.
16. PROBATION
a) All employees placed on probation shall be informed in writing of the length of their probation period and the period of notice by either party within the probation period.
b) The period of probation shall be a maximum of three months from the date of an employee's engagement and may be extended by a further period of 3 months with agreement of employee, if an employee is not satisfactorily performing. At any time prior to the full completion of a probationary period termination notice in writing shall be fourteen days by either employer or employee.
17. CASUAL WORKERS
a) Any temporary or casual worker who completes three consecutive months with an employer shall be absorbed into the permanent establishment. During the said three months he shall be paid the minimum salary as laid down in this Agreement for his particular job. If the employee is discharged during the third month and is recalled within a period of two months he shall become a regular worker.
b) Any casual worker absorbed into the permanent establishment will not require to serve any further probation period.
18. MEDICAL BENEFITS
Employees who have completed their probationary period will be refunded fees for consultation and treatment at dispensaries and Government Hospitals approved by the employer and as provided for under the Employment Act (Medical Treatment) rules of 2007 in respect of illness or accident to themselves only with the following exceptions:
a) Illness or injury connected with pregnancy and childbirth.
b) Pregnancy or illness connected with childbirth.
c) Illness shown to have been present prior to commencing
employment
d) Treatment required as a result of the negligence of the employee
e) Treatment arising out of drunkenness or fighting
f) Treatment for venereal diseases
g) Treatment necessitated by an accident arising out of or in the course of employment. (When Work Injury Benefits Act 2007 shall apply).
19. SAFARI ALLOWANCE
a) An employee who is required to perform work away from his principal place of employment shall be entitled to safari allowance as follows:-
•BreakfastKShs. 180/=
•LunchKShs. 300/=
•DinnerKShs. 300/=
•Accommodation KShs. 1,000/=
20. LEAVE FOR UNION PURPOSES
a) Employer shall grant seven days paid leave in any one year to an employee to attend any Union seminar or business, provided that an individual employer shall not be called upon to release more than one employee during any one year.
b) However, where an employee is required to a course or seminar for a period exceeding seven days, the Union's General Secretary shall write to the employer requesting for extensions of such period.
c) Union's General Secretary shall notify employer in writing one month notice in advance to grant such leave or release in urgent 15 days in advance of the date of release.
21. ACTING ALLOWANCE
An employee holding an acting appointment with higher salary than his own for minimum consecutive period of three weeks shall receive an acting allowance equal to the difference between his normal pay and the minimum rate of the higher salary.
22. TRANSFER ALLOWANCE
An employee shall be entitled to disturbance allowance amounting to 30 days of his monthly wages payable only on the date of his transfer from one station to another.
Provided that the transfer involves movement for over 20 kilometers radius between the old station and the new station and the movement entails change of residence.
23. COMPASSIONATE LEAVE
In addition to the Annual Leave entitlement employees may be granted compassionate leave without pay at the discretion of such employers. Such compassionate leave may be deducted from employee's annual leave entitlement subject to a prior consent by the employer.
24. TRANSPORTATION
The member companies shall adopt a reasonable attitude in providing transport to those employees reporting for/ending shift duty after 6:30 p.m. and leaving before 6:00 a.m. taking into account the physical safety of such employees and availability to transport facilities.
25. PROMOTION
Where a vacancy of promotional nature arises, the employer shall give first consideration to existing employees within the department or group in which the vacancy occurs taking into consideration such factors as qualification and ability.
Provided where an employee is to be promoted to a job outside the scope of the Union representation, such employee shall be given his new terms in writing and shall signify his acceptance within a period of not more than seven (7) days.
26. MID MONTH ADVANCES
Mid-month advances shall be paid on or before the 15th of the month.
27. PROTECTIVE CLOTHING
This will be governed by the factories Act. Further an employee who has been issued with protective clothing and gear shall be liable for disciplinary action that may result in summary dismissal if he/she fails to put on the gear.
28. RETIREMENT BENEFITS
a) Retirement age shall be 55 years and shall be determined by the age indicated on the employee's National Identity Card.
b) An employee may be retired on medical grounds and such retirement shall be coupled with all benefits stipulated under this clause; Provided that before the em ployee is so retired, a medical report shall be obtained from the company's doctor. Where desired, an employee shall be entitled to obtain his/her own medical report on the state of his/her health from an approved Government hospital. Where the medical reports differ by way of one doctor declaring the employee unfit for continued employment, while the other states the opposite, the matter shall be referred to a Government medical Board composed of at least three (3) doctors. The findings of the Board shall be binding on both parties.
c) In the event of death of an employee whilst in service and who would otherwise be eligible for retirement his/her entitlement under this clause shall be paid to his/her legal heirs as nominated by the deceased in his/her personal file or written will.
d) To qualify for any benefits set out on this clause, an employee should have worked with the company for at least ten years after probation period.
e) Immediately the New N.S.S.F. Act comes into operations, all employees retirement benefits will be calculated at a rate of 12 days per every completed year worked. This amount will be paid when an employee retires. The amount will be on and above the N.S.S.F benefits accumulated upto the date the Act will be implemented. This clause will not apply to an employee who has an existing pension, provident or any other retirement benefit scheme.
f) An employee who resigns or whose services are terminated for gross misconduct shall not be entitled to any benefits under this clause.
g) An employer who operates a Provident or Pension Scheme which either pension, provident or retirement benefits whichever is higher/ greater.
29. DEATH OF AN EMPLOYEE
When an employee dies whilst in employment of the company, the company shall pay a minimum of KShs.42,500/- towards the burial of an employee. However, where some companies are paying more money than provided above, such custom and practice shall continue to operate and be strictly observed. It is further agreed that on the death of an employee or spouse, employees shall contribute 1,000/-. On the Death of a father or mother or children, employees shall contribute 500/- each.
30. PRODUCTIVITY
(i) The parties shall form a sub-committee of the Central Joint Council to prepare measures for productivity improvement and organize a symposium on productivity for the printing, publishing and paper manufacturing sector.
(ii) The sub-committee to liaise with the Productivity centre, individual Companies, Federation of Kenya Employers, Central Organization of Trade Unions ( COTU) and the Union in preparing productivity improvement measures and making the necessary arrangements for the symposium
(iii) The Sub- committee to make recommendations for consideration by the individual companies and the joint negotiation committee.
(iv) The members of the sub-committee shall be nominated by the Union and the Group Employers to include representatives from Federation of Kenya Employers, productivity experts and Productivity centre.
(v) The Sub- Committee shall be formed in April 2014 at a meeting to be convened at Federation of Kenya Employers and it shall submit its report in October 2014.
31. HIV/AIDS
(a) The management of the Member Companies of the Group shall through their human resource departments create continuous awareness amongst staff by use of education and available state assistance to tame the HIV/AIDS scourge among their employees
(b) Discrimination of employees who are HIV positive shall be discouraged among staff or members of staff
32. DURATION OF AGREEMENT
This Agreement shall come into force on 1st September, 2013 and shall remain in force until 31st August, 2015. Thereafter, it shall continue in force until either party by giving two months notice in writing, shall indicate their wish to amend or terminate the Agreement. The said notice shall specify the reasons for such decision.
FOR AND ON BEHALF OF THE GROUP FOR AND ON BEHALF OF KUPRIPUPA
............................................................................
J.T. SAVANIRAJABU MWONDI
PRINTPAK.NATIONAL GENERAL SECRETARY
.........................................……………………………..
ISAAC WAMBOYEALICE MUTITU
DEPUTY GENERAL SECRETARYRAMCO PRINTING WORKS
.................................……..……………………………………
RUTH WEKESA JOHN A.B. AROGO
BIZONE LIMITED DIRECTOR OF ORGANISATION
…………………………….……………………………
WILLIAM GACHENGOGIDEON MUTISO
COLOUR PACKAGING LTD.NATIONAL ASST. GENERAL SEC.
............................................................................
SUSAN KATHUREGABRIEL OLALA
GENRAL PRINTERSBRANCH CHAIRMAN - NAIROBI
…………………………………………………….
SYLIVIA MIRENJAMICHAEL MUTANGILI
ENGLISH PRESSBRANCH SECRETARY - NAIROBI
………………………….........................................
JOHN OSANO GEOFFREY NYOIKE
PRINT PAKAUTO LITHO
.........................................………………………
REUBEN MUSUNGU PETER MUSYIMI
ENGLISH PRESSRAMCO PRINTING WORKS
………………………………….……………………….
WILLIAM MAYAKA JOHNSTONE OKOTH
C/S GENERAL PRINTERSTHE STANDARD LIMITED
WITNESSED BY:
.....................................................
G.R. AMBUCHE
INDUSTRIAL RELATIONS OFFICER
SIGNED AT NAIROBI THIS……...... DAY OF................................. 2013
PRINTING INDUSTRY CLASSIFICATION STRUCTURE
GRADE JOB TITLE
101.General Worker
91.Office Messenger
81Watchman/Gatekeeper
71.Machine Assistant
2.Scooter Driver
51.Headman
2.Forklift Driver
3.Letter Press Block Maker
41.Mason/Painter/Carpenter
31.Copy Typist
3.Copy Checker
21.Process Colour or Block Retoucher
2.General Clerk
3.Lithographic Web Fed Printing Machine Operator
4.Litho Presensitized Plate Maker
5.Maintenance Artisan (Fitter/Turner/Electrician/Motor Mechanic)
6.Copy Holder
7.Film Assembler (One Colour)
8.Patch-up (One Colour)
9.Binding Machine /Setter Operator
10.Office Equipment Mechanic
11.Gang Stitcher
12.Slitting Machine Operator
13.Gluing Machine Operator (less than 300 meters per minute)
14.Varnishing Machine Operator (Less than 300 metres per minute)
15.Web Offset/Newspaper Compositor
16.Letter Press Machine Operator (One Colour)
17.Litho Machine Operator (One Colour)
18.Guillotine Machine Operator
19.Camera Operator - Single Line
20.Cutting and Creasing Machine Operator (less than 500 impressions)
21.Folding Machine Operator
22.Silk Screen Machine Operator
GRADE JOB TITLE
11.Litho Plate Maker (Commercial)
2.Letter Press Machine Operator
3.Reader (Indentured 5 years)
4.Artist
5.Book Binder (Indentures 5 years)
6.Flexo/Gravure Operator/Printer
7.Diemaker
8.Film Assembler (Multicolour)
9.Compositor
10.Clerk Grade I
11.Step and Repeat Machine Operator
12.Camera Operator (Multiline Work)
13.Mechanical Typesetter (Hot Metal)
14.Senior Office Equipment Mechanic Operator
15.Programmatic Guillotine Machine Operator
16.Multicolour Machine Operator
17.Photo Typesetter (Less than 50 w.p.m.)
18,Graphic Artist (Less than 5 years' experience)
19.Cutting and Creating Machine Operator (Over 5000 impressions)
20.Gluing Machine Operator (Over 300 metres per minute)
21.Library Assistant
22.Readers
SPECIAL GRADE
1.Flex/Gravure Machine Operator (Over 4 colours)
2.Lithographic Printing Machine Operator (Over 4 colours)
3.Photo Typesetters (Over 50 w.p.m.)
4.Graphic Artist (Over 5 years experience)
5.Camera Operator (Half tone colour separations)
6.Atex Machine Operators
7.Senior Sales Representatives
8.Car/Van Driver
9.Telephone Switchboard Operator