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MEMORANDUM OF AGREEMENT

BETWEEN

MOUNT KENYA GAME RANCH LTD (CONSERVANCY)

(HEREINAFTER REFFERD TO AS THE COMPANY)

AND

KENYA GAME HUNTING AND SAFARIS WORKERS' UNION

(HEREINAFTER REFFERED TO AS "THE UNION")

IN MATTERS OF TERMS AND CONDITIONS OF EMPLOYMENT

EFFECTIVE 1ST OCTOBER 2010 TO 30th SEPTEMBER 2012

1.PREAMBLE

The terms and conditions of employment set in this agreement shall be observed by both the union and the company and shall apply to all unionisable employees covered by the Recognition Agreement as per the Industrial Relations Charter.

2. PROBATIONARY PERIOD

a) All permanent and pensionable employees will be put on probation for three months irrespective of their grade.

b) During this period, either side can terminate the service by giving seven days notice or pay in lieu thereof.

3. HOUSE ALLOWANCE

The company shall pay house allowance of 15% of the basic pay to unionizable employees who are not housed.

4. HOURS OF WORK

a) The hours of work shall consist of 45 hours spread over six days of the week. This shall apply to all staff of the conservancy except night guards.

b) For the night guards, the hours shall consist of 60 hours spread over six days.

5. OVERTIME

Overtime shall be paid at the rate of one and a half (1½) for normal working days and double for gazetted Public holidays and on weekly-allocated rest days.

6. BASIC MINIMUM WAGES

(A) All unionizable employees upon joining the company will receive minimum wages 01 10% over the Regulations of Wages (Agricultural Industry)Order as amended time to time.

GRADE A

Unskilled employees

Gardener

General Labourer

3,682

GRADE B

Watchman

Stockman

4,252

GRADE C

Foreman

O p attendant

7,338

GRADE D

Supervisor

Driver/Mechanic

7,637

(B).GENERAL GEN ERAL WAGES INCREMENT

All unionisable employees who were and are in the employment as at 1" October 2010 shall receive general wage increase of 10% to cover the period 1st October to 30th September 2011. They shall receive a further 10°/o increment with effect from 1st October 2011, to cover the second year of the agreement.

7. PROMOTIONS AND GRADES

a) Whenever vacancies arise, priority will be given to existing employees to fill it. Factors such as skills, ability, honesty, length of service and qualifications will be taken into account.

b) If a position is not filled from within, the company will opt for external recruitment.

8. ACTING ALLOWANCE

Where an employee is required to work for a period of not less than 15 days in an occupation or grade for which the basic minimum wage 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 of the higher basic minimum wage and his basic wage.

9. TERMINATION OF EMPLOYMENT

a) It shall be a condition of every contract of employment that the contract shall be terminable by not less than one month's 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 one month's wages; but nothing shall prejudice the right of either party to terminate a contract summarily for lawful cause.

b) An employee so terminated is entitled to15 days gratuity for every completed year of service.

10. SYSTEM OF WARNINGS

An employee whose work or conduct is unsatisfactory or who otherwise commits a misconduct, which, in the opinion of the employer, does not warrant instant dismissal, shall be warned in writing and the following procedure shall apply:

a) The first and second warnings shall be recorded in the employee's employment record and the union shall be informed accordingly.

b) If an employee with two written warnings commits an offence within 12 months from the date of the second warning, an employee will be liable to summary dismissal.

c) If an employee completes 12 months without further warning from the date of the second warning, warning records entered in his employment record shall be cancelled.

d) The first and second warnings letters will be copied to the General Secretary, Branch Secretary and the Chief Shop Steward.

11. DISMISSAL FROM EMPLOYMENT

a) Dismissal from employment shall be conducted in accordance with the Employment Act, 2007, Section 44.

b) The union shall be informed of such dismissals with reasons.

c) An employee alleged to have committed gross misconduct shall be allowed an opportunity to defend himself within a period of 48 hours of receiving the punishment. This period is not necessarily imposed as a rigid maximum but an employee can request for a reasonable extension to enable him complete his statement of explanation. Severance pay will not be payable in cases of summary dismissal for gross misconduct.

12. SUSPENSION

a) An employee suspected of having committed a serious offense may immediately be suspended from duty pending investigations.

b) The company shall investigate the reasons leading to suspensions and appropriate action taken within 30 days.

c) During the period of investigation the employee shall be entitled to his/her full pay for the first 15 days and half pay for the next 15 days.

d) Where the employee's case is under investigations by the police or pending before a court of law, the employee's suspension shall be extended with no pay until the results of the police investigations or the court decision are made known. Should the employee be found to have committee the alleged offence either through the police or the court of law, the employee shall be summarily dismissed with effect from the date of the court's decision or police recommendation.

e) If the employee is found innocent he/she shall be reinstated to his/ her position.

13.RESIGNATION FROM EMPLOYMENT

When an employee resigns from employment without offence, he/she shall be paid a gratuity of 15 days for every completed year of service.

14. RETIREMENT

a) The retirement age is 60 years.

b) Retirement benefits and gratuity of 15 days for every complete year of service shall be paid.

15. REDUNDANCY

Where the employment of an employee is to be terminated on account of redundancy, the following principles will apply:

a) The Union and Labour Officer of the area shall be informed of the reasons for and extent of, the intended redundancy.

b) The employer shall have due regard to seniority in time and to the skill, ability and reliability of each employee belonging to a particular category of employees affected by the redundancy

c) A redundant employee shall be entitled to one month's notice or one month's wages in lieu of notice.

d)) An employee declared redundant shall be entitled to severance pay at the rate f 15 days for each completed year of service.

16.CERTIFICATE OF SERVICE

An employee shall be given a certificate of service by the company as indicated in the Employment Act 2007.

17. ANNUAL LEAVE

a) After every twelve months of continuous service with the Company, an employee will be entitled to an annual leave of 22 working days with full pay.

b) Where employment is terminated after the completion of two or more consecutive months' service during any twelve months' leave earning period, an employee shall be entitled to pro rata leave with full pay for each completed month of service in such period.

18.SICK LEAVE

After two months of continuous service, an employee shall be entitled to sick leave as follows:

a) All employees who fall sick must seek medical treatment and a medical certificate obtained from a duly qualified medical practitioner covering the period of sickness.

b) All absences due to sickness must be supported by a certificate from a doctor or staff nurse and must be presented to the company at the earliest opportunity but in any case within a period of 48 hours.

c) When an employee fails to submit such certificate, he shall be deemed to have absented himself/herself from work without authorization.

d) First 60 days on full pay and a maximum of 45 days on half pay during any twelve months period.

19.MATERNITY LEAVE

A female employee shall be entitled to 3,months maternity leave with full pay and shall not forfeit her annual leave for that year.

20. COMPASSIONATE LEAVE

An employee desirous of taking leave on compassionate grounds shall by prior arrangement with the Company be granted such Leave up to his/her earned annual Leave entitlement and leave taken shall be subsequently set off against his/her annual leave.

21. LEAVE TRAVELLING ALLOWANCE

Employees employed continuously throughout the calendar year travelling on Annual Leave shall be entitled to an Annual Leave travelling Allowance of Ksh.3,000/-.

22.MEDICAL TREATMENT

(a) out patient

Medical attention shall be provided in accordance with Section 12 of The Employment Act, 2007, Section 34 as read together with the Medical Treatment Rules, Legal Notice No.157/1977).

(b) In patient

The employees will be treated/admitted in Government hospitals. The expenses shall be met by NH1F and the balance up to a maximum of Ksh.100,000/- per year by the employer.

23.DEATH OF AN EMPLOYEE

a) Where an employee dies whilst in the service of the company, the employer shall as soon as is practicable inform the next of kin and also give notice to the Labour officer, or the District Commissioner of the district in which the employee was employed.

b) The company shall pay to the Labour Officer or District Commissioner, as the case may be, all wages due to the employee for transmission to the person legally entitled thereto.

c) Should any employee in the course of his employment, be killed or incapacitated by injury for a period exceeding three days, the employer shall, as soon as practicable, send to the Labour officer or, if there is no Labour officer, to a District Commissioner a report in the prescribed form.

d) When an employee dies or is killed in the service of the company, the employer shall contribute a sum of Kshs. 65,000/= to assist in funeral expenses inclusive of costs of transportation.

24. TRANSFER ALLOWANCE

Any employee who is transferred to another duty station shall be entitled to transfer allowance as follows:

a) One full month's pay subject to all applicable leave.

b) Bus fare for himself, spouse and children.

25. INJURY

Any injuries by accidents arising out of and in the course of the employment caused to an employee shall be dealt with in accordance with the provision of the Work Injury Benefits Act, 2007.

26. SAFARI ALLOWANACE ON OUT OF DUTY STATION ASSIGNMENTS

a) When an employee is on duty within Nanyuki town, overtime will be applied alone.

b) Employees disposed outside Nanyuki will be paid Ksh.1,500/- per night while those within the Game Park will be paid Ksh.1,000/- per night.

c) Meal allowance will be paid at Ksh.250/- when out of Nanyuki town. This allowance applied to drivers, mechanics, trappers, ahd scouts outside Mount Kenya Game Ranch area.

27. ANNUAL BONUS

The Company may at its discretion give annual bonuses to employees at the end of the year.

28.SHOPSTEWARDS' EDUCATION

The company will allow a shopsteward reasonable time off to attend trade union courses organized by COTU (K) with full pay after sufficient notice has been given to the Company. The Union will take full responsibility of the shop stewards subsistence whilst attending those courses or meetings related to the union.

29. EFFECTIVE DATE AND DURATION OF AGREEMENT

This Agreement will be effective from 1ST October 2010 and shall remain in force for 2 years. Thereafter, it shall continue to be in force until it is amended by mutual agreement between the two parties.

SIGNED: FOR AND ON BEHALF OF THE COMPANY

…………………………………………

MR. DON HUNT –CHAIRMAN

………………………………………………………….

MR. D. BUNGE- WILDLIFE MANAGER

SIGNED: FOR AND ON BEHALF OF THE UNION

…………………………………….

MR. J.M. NDOLO

GENERAL SECRETARY

…………………………………………………………

MR. JAMES KINYUA-CHIEF SHOPSTEWARD

IN THE PRESENCE OF:

GEORGE R AMBUCHE

INDUSTRIAL RELATIONS OFFICER

FEDERATION OF KENYA EMPLOYERS

SIGNED ATTHISDAY OF2012

KEN Mount Kenya Game Ranch Ltd (Conservancy) - 2010

Start date: → 2010-10-01
End date: → 2012-09-30
Name industry: → Hospitality, catering, tourism
Public/private sector: → In the private sector
Concluded by:
Name company: →  Mount Kenya Game Ranch Ltd (Conservancy)
Names trade unions: →  COTU - Kenya Game Hunting and Safari Workers Union

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 45 %
Maximum days for paid sickness leave: → 105 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: → No provision days

EMPLOYMENT CONTRACTS

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

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per week: → 45.0
Working days per week: → 6.0
Paid annual leave: → 22.0 days
Paid annual leave: → 4.0 weeks
Rest period of at least one day per week agreed: → Yes
Provisions on flexible work arrangements: → 

WAGES

Wages determined by means of pay scales: → No
Wages specified according to skill level: → 0
Wages specified according to job title: → 1
Provision that minimum wages set by the government have to be respected: → 
Adjustment for rising costs of living: → 0

Wage increase

Wage increase: → 10.0 %
Wage increase starts: → 2011-10

Once only extra payment

Once only extra payment due to company performance: → No

Premium for evening or night work

Premium for evening or night work: → KES 1000.0 per month
Premium for night work only: → Yes

Extra payment for annual leave

Extra payment for annual leave: → KES 3000.0

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: → Yes
→ 250.0 per meal
Free legal assistance: → 
 
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