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MEMORANDUM OF AGREEMENT BETWEEN THE REGISTERED TRUSTEES OF THE CONSOLATA SISTERS AND CONSOLATA FATHERS REFERRED TO AS THE AND KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS AND ALLIED WORKERS

PREAMBLE:

The Registered Trustees of the Consolata Sisters and Consolata Fathers all the institutions affiliated thereto and Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers meeting together in free heart and voluntary association agree and enter into this agreement negotiated between them at the Joint Negotiating Committee.

APPLICATION:

This Agreement shall apply to Unionisable employees by the Consolata Sisters, Consolata Fathers and Institutions affiliated to them. For the purpose of this Agreement, the Institutions Associated with them shall mean School(s), associated with the Churches, Hostels, Guest Houses and Colleges, Hospitals and Training Institutions.

PART ONE: BASIC MONTHLY WAGES:

1.a) The basic Minimum wages for employees other than those working in the Press Section and Agricultural Section referred to under part 1. Clauses, 2 and 3 shall be provided in Appendix "B".

b) HIGHER SALARY:

An employee in receipt of a higher salary than that allocated to the Group in which he/she falls as a result of this Agreement shall continue to receive such

salary without any deduction.

c) INSTITUTION MAY PAY ABOVE AGREED RATES:

Where an institution wishes to pay an employee, or group of employees at rates that are above the negotiated scales for that grade, the institutions, through its

manager/s shall be free to do so, however, this does not mean that institution shall negotiate separate scales directly without the Union.

d) HOUSE ALLOWANCE

All employees who are not housed by the employer shall receive Monthly housing allowance as follows:-

GRADE AREA 2013 2014
I-IX A 4,700 4,800
I-IX B 4,000 4,100

e) AREA (COLUMNS)

"A"Represents Nairobi Area, Mombasa City and Kisumu City;

"B"Represents — all other Areas.

2. GENERAL WAGE INCREASE: SEE APPENDIX "A" AND "B"

1st Year w.e.f 1.1.2013

All employees in service as at 31.12.2012 with salaries below the new minimum will be brought to the New minimum or be given a wage increase of 7% - for those in Grades 1-IX on their individual basic salaries whichever is greater.

2nd Year w.e.f. 1.1.2014

All employees in service as at 31.12.2012 will either be brought to the new basic minimum wages or be given a wage increase of 7% for those in Grade 1-1X.

PARA-MEDICAL PERSONNEL — QUALIFIED AND UNQUALIFIED NURSING STAFF:

Para-medical personnel, qualified and unqualified nursing staff shall be paid in accordance with Government scales and Rates as may be in force from time to time.

PART TWO:-OTHER CONDITIONS OF SERVICE:

1. HOURS OF WORK:

(a) The normal working week for employees who normally work continuously

throughout the calendar year (i.e. employees whose work is the same throughout the year) shall consist of not more than 45 hours spread over not more than 6 days of the week.

(b) Employees whose volume of work decreases substantially when the schools are closed, the normal working hours in any one week shall not exceed 62 hours. This includes periods during which the employee is held at call at his/her point of duty even if he/she is not actually working.

(c) Arrangements of hours of work for hospital employees whether on a weekly or a fortnightly basis, will be a matter for mutual agreement of each hospital and their employee(s).

(d) The normal working week of a night watchman shall consist of not more than 60 hours to be spread over not more than 6 shifts of the week.

2. OVERTIME:

Overtime shall be payable as follows:

(a) For time worked in excess of the normal number of hours specified in clause 1of Part Two of this Agreement at double time the normal hourly rate.

(b) Any employee who works on part time basis will be entitled to 34, the rate applicable under all appropriate monetary dues herein.

(c) Where an employee works on his/her rest day, he/she shall be paid for each hour worked at double the basic hourly rate or shall be given off duty equivalent to the number of hour/day(s) worked i.e. one off day for an employee who works on a holiday that falls on his rest day.

(d) Subject to Clause 6 (b) of Part Two of this Agreement of Gazetted Public Holidays. An employee who works on a public holiday, which is not his/her rest day, shall be paid overtime at a rate equivalent to double his/her basic hourly rate.

(e) Where an employee works on a public holiday which is his/her rest day, he/she shall be paid for all hours worked at a rate equivalent to double basic hourly rate and or shall be given another day off duty in lieu of his/her rest day.

TAKE NOTICE that when a public holiday falls on any employees day off that employee will not be entitled to any Extra day off or pay in lieu thereof.

3. ANNUAL LEAVE

(a) After the completion of each period of 12 months' continuous service with an employer, an employee shall be entitled to annual leave for a period covering twenty eight (28) working days with full pay; plus either extra day's/days' pay or additional day's/days leave for any gazetted Public Holiday(s) which may fall within the leave period.

(b) Where employment is terminated after the completion of two or more

consecutive months' service during any twelve months' leave earning period the employee will be paid on pro-rata basis.

4. LEAVE TRAVELLING ALLOWANCE

While proceeding on annual leave, employees shall be given leave travelling allowance as follows:

1st Year...............Kshs.5,000/=

2nd Year..............Kshs.5,000/=

Where there is -a voluntary established practice to provide leave travelling allowance more favourable than stipulated in paragraph (a) above those practices should continue.

5. COMPASSIONATE LEAVE

(a) An employee desirous of taking leave on compassionate grounds shall, by prior arrangements with the Employer(s) be granted such leave up to his earned entitlement under clause 3a) of part II of this Agreement. The leave so taken shall be subsequently set off against his or her annual leave.

(b) An employee may, in addition to the leave provided for in paragraph (a) of this clause be granted ten (10) days' compassionate leave without pay in any one period of twelve months.

(c) In addition to the leave provided for in paragraph (a) and (b) of this clause and upon application, an employee may be granted further leave on compassionate grounds with or without pay, at the absolute discretion of his or her employers.

6. GAZETTED PUBLIC HOLIDAYS

(a) Employees whenever possible shall be granted leave with pay on gazetted public holiday(s) by mutual arrangement with the employer.

(b) Employees required to work on gazetted public holiday(s) shall be given

alternative days off or pay in lieu.

(c) No employee shall be entitled to any gazetted public holiday (s) unless he/she works on the day proceeding and following such holiday(s).

(d)Paragraph (c) above shall not apply to any employee(s) should such day(s) be his/her/their regular day(s) off or should sickness prevent him/her/them from haying worked on such days subject to the provisions of sick leave clause or any authorized leave.

7. SICK LEAVE

(a) Absence through sickness will be counted as continuous service provided that a medical certificate from a registered and recognized medical practitioner is produced.

(b) An employee who falls sick after the probationary period or, who is injured there than through his or her gross neglect or other than within the terms of the Workmen's Compensation Act, shall be entitled to sick leave with full pay up to a maximum of 90 days and thereafter to sick leave with half pay to a maximum of 90 days in each period of twelve months' consecutive service.

(c) Any payment beyond 120 days referred to in paragraph (b) of this clause will be at the discretion of the employer.

(d) Any employee claiming sick leave days with pay, must produce a medical certificate of incapacity covering the sick leave period claimed within the terms of paragraph (a) of this clause.

8. MATERNITY LEAVE

(a) A woman employee shall be entitled to three (3) months maternity leave with full pay:

Provided that:-

A woman who has taken three months leave shall not forfeit her annual leave in that year.

Child birth in respect of a woman employee shall not be deemed to be sickness as provided for under clause 7 of this Agreement.

A female employee who takes maternity leave shall not incur any loss or privileges during such period.

Absence on account of illness due to or attributed to pregnancy which occurs outside the period of leave shall be counted as sick leave subject to sick leave clause of the Agreement.

A male employee shall be entitled to two weeks paternity leave with full pay.

(b) Notification of the expected confinement shall be made by the employee to the employer as soon as practicable and in any event at least three months before the expected week of confinement, provided that the employee shall not be penalized for any inaccuracy as to actual date of confinement.

When applying for maternity leave the employee shall declare in writing her intention to continue in the service of the employer for a minimum period of three months after the expiry of leave.

A female employee proceeding on Maternity Leave shall be entitled to her normal leave travelling allowance.

9. RELIGIOUS HOLIDAYS

An employer will give sympathetic consideration and make every effort to grant time off for any employee(s) to attend obligatory services.

10. MEDICAL TREATMENT

(a) All employees covered by this Agreement shall be provided with medical treatment as provided for under Section 34 of the Employment Act, 2007 read together with the Medical Treatment Rules (Legal Notice No. 157 of 1977).

(b) Where there is reasonable cause to believe that any employee is suffering from illness or injury whether contracted as a result of the employee's work or not, the employer shall with the consent of the employee, cause to be provided to such employee medical treatment,

(c) Such medical treatment shall be provided at the expense of the employer,

unless:-

i) the illness or injury was contracted during any period when the employee was absent from his/her employment without lawful cause or

ii) the employee has been ordered into hospital under section 26 or section 27 of the Public Health Act, or is suffering from venereal diseases or

iii) the illness or injury is proved to the satisfaction of the Labour

Commissioner to have been contracted prior employment or to be attributable to illness or injury contracted outside employment or contracted in circumstances not arising in the course of or out of his/her employment.

11. LETTER OF APPOINTMENT

The letter of appointment shall be issued to all unionisable employees at the time of engagement. Employees who are already in the service shall be issued with letters of appointment and as far as possible the length of previous/current employment shall be stated.

The letter of appointment to be issued to employees is attached to this Agreement and marked Appendix "C".

12. ACTING ALLOWANCE

Where an employee is required to work in full acting capacity for a period of not less than ten (10) days in an occupation or job group, such employee shall be paid acting allowance at a rate not less than the difference between the basic monthly wages for the occupation or job group in which he acts and the basic monthly minimum wages for his occupation or job group. Such allowance to be paid with effect from the date of acting.

13. CERTIFICATE OF SERVICE

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

a) Name and the postal address of the employer.

b) Name of the employee.

c) The date when employment commenced.

d) The nature and usual place of employment.

e) The date when employment ceased. Such other particulars as may be prescribed.

2. Subject to sub clause (1) of these clause, no employer is bound to give to any employee any testimonial, reference or certificate relating to the character or performance of an employee.

Any employer who wilfully or by neglect fails to give an employee a certificate of service in accordance with sub clause or this clause, or who in a certificate of service includes a statement which he knows to be false, shall be quality of an offence.

14. TEMPORARY/CASUAL EMPLOYEES

i) An employee shall not be on casual/temporary employment for a period of more than three months continuous employment. Thereafter the employment becomes permanent.

ii) Casual/Temporary employees shall be paid the appropriate rate of the job on which he/she is employed and his/her daily rate shall be worked out by dividing the appropriate monthly rate by 26.

iii) Casual/Temporary employees shall not be entitled to any fringe benefits.

15.TERMINATION OF EMPLOYMENT

(a) In the normal circumstances, it shall be a condition that employment shall be terminable by either party by giving written notice or pay in lieu of such notice as follows:-

(i) For any employee with less than 5 years' continuous service:- Two months' notice or pay in lieu.

(ii) For any employee who has completed 5 years' continuous service but more than 10 years' continuous service - Three months' notice or pay in lieu.

(iii) For any employee who has completed 10 years' continuous service or more: Four months' notice or pay in lieu.

(iv) Where the contract is to pay wages periodically at intervals of less than one month, a contract is terminable by either party at the end of any such period next following the giving of notice in writing.

(v) An employee who resigns or whose services are terminated for reasons other than gross misconduct shall be entitled to service gratuity payment at the rate of 20 days for each completed year of service.

(b) An employer shall reserve the right to terminate the services of any employee, instantly and without notice nor pay in lieu for reasons of gross misconduct as defined in the Laws of Kenya subject to the grievance procedure laid down in the Recognition Agreement.

(c) Reasons for the termination shall be given by the employer in writing to the

employees.

(d) In the event an employee has reached retirement age, then Clause 16 shall apply.

16. RETIREMENT BENEFITS

a) An employee may retire or be retired on attaining the age of 50 years.

Compulsory retirement will be on attainment of the age of 55 years. After retirement the employee may be considered for contract employment.

b) On retirement, an employee shall be entitled to be paid by his employer retirement benefits at the rate of 30 days pay for each completed year of service.

(c) In the event an employee was paid part of the gratuity under clause 15, he/she will only be entitled to the balance.

17. WARNING SYSTEM

An employee whose work or conduct is unsatisfactory and/or, who commits an offence which in opinion of the employer does not warrant dismissal shall be warned in writing. This action must be taken subject to the Employment Act and the negotiating procedure agreement.

The following procedure will be followed:

a) The first, second and third warning shall be recorded on the worker's employment card/file and copied to the shopsteward.

b) Where there is no shopsteward in the establishment, such warning letters will be copied to the Branch Secretary of the Union.

c) If any employee with three warnings recorded on his/her file commits a fourth offence within 270 (nine months) consecutive days from date of the third warning he/she will be liable to instant dismissal.

d) If any employee completes 365 days from the date of the last warning without any further offence, all warnings recorded on his/her file will be cancelled.

18. REDUNDANCY

(a) The union shall be notified of the reasons for and the extent of the intended redundancy within a notice of one (1) month.

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

(c) No employee shall be placed at a disadvantage for being a member of the union.

(d) Any leave due to any employee who is declared redundant be paid off in cash.

(e) An employee declared redundant shall be entitled to notice or pay 'in lieu of notice as per clause 15 of this agreement.

(f) An employee declared redundant shall be entitled to severance pay at the rate of 30 days pay for each completed year of service calculated on the monthly basic minimum wages earned at the time of the redundancy.

19. LONG SERVICE INCREMENT

Where an employee has served in continuous employment for a period exceeding five years such an employee shall be entitled to the following sums of money over and above his current basic monthly wage.

PERIOD OF SERVICE OLD RATENEW RATE

5 but less than 10 years Kshs. 450Kshs. 500

10 but less than 15 yearsKshs. 500Kshs. 550

15 but less than 20 yearsKshs. 550Kshs. 600

20 but less than 25 yearsKshs. 600Kshs. 650

25 years and aboveKshs. 650Kshs. 700

The arrears of increase will only be paid on the difference between the old rates and the new rates.

20. UNIFORMS

(a) While recognizing that some jobs and grades do not need uniforms where required by legislation or where the nature of the work to be performed requires it, the Management shall provide the appropriate two uniforms or protective clothing including footwear, which shall be worn and used during the working hours each year.

(b) To implement this clause the Management may receive suggestions from the works, committee, if any, as provided for in the recognition agreement. However, final decision as job grade and type of uniform shall be that of Management.

(c) The employer will arrange for the maintenance of such uniforms according to the prevailing local circumstances provided that the employee shall be responsible for any loss or willful damage to the uniform.

21. CHECK OFF SYSTEM

1.The Minister may make an order in writing with respect to any trade union of employees requiring any employer who employs not less than five members of that trade union;

a) To deduct every month a specified sum in respect of trade union dues from the wages of his employees who are members of that trade union;

b) To pay within the time specified proportion of the sums so deducted to that trade union by crossed cheque into an account in the name of the trade union a specified bank.

c) To pay within the time specified the remainder of sums so deducted (if any) to a specified federation by crossed cheque into an account in the name of that federation in a specified bank.

d) To notify trade union and that federation of all payment so made within

the time and the manner specified in the order; and

e) To make returns to the Register of all payments so made within the time and in the manner specified in the order.

2. The Minister may at any time by order in writing revoke vary, or suspend any order made under this section.

3. An order made under this section shall, unless otherwise provided therein, take effected on the date on which it is made.

4. An order made under this section suspending another order shall have effect for the period specified in the order, and where no period is so specified shall have effect until revoked by an order made under this section.

5. As soon as practicable after making an order under this section the Minister shall cause that order to be published in the Gazette.

6. The General Secretary of Trade Union in respect of which the Minister has made an order 1 above may at any time serve on an employer who employs not less than ten members of that trade union a notice or notices in the form in the Second Schedule, requiring the employer to comply with the Minister's order in respect of the employees who are named in any such notice and have acknowledged by their signatures therein that they are members of that trade union.

7. The General Secretary of any trade union which has served a notice on an employer under this section shall before the tenth day in each month inform that employer in writing of the names of any members of that trade union who are employed by him and who have in the preceding month ceased to be members of that trade union.

8. Every employer on whom a notice is served under 6 above shall comply with the Minister's Order referred to therein, subject as follows;

a) a deduction or payment shall only be made in respect of employees who have acknowledged in the notice that they are members of the trade union concerned.

b) where an employee notified the employer in writing that he is not a member of the trade union concerned, no deductions or payment shall be made in any month following the month in which such notice was given, unless or until such notification is withdrawn.

c) a deduction or payment shall only be made from the wages due to any employee where those wages, after all deductions required or permitted to be made by or under any other law have been made, exceed the sum which is required by the order to be deducted.

d) the first deductions and payments made in pursuance of the notice shall be made in respect of the wages earned in the month following the month in which the notice is served.

e) no deductions or payment shall be made in respect of any wages earned in any month if before the twentieth day of that month the Minister's order has been published in the Gazette or communicated by the Minister directly to the employer any deduction or payment in respect of wages earned in that month shall be made in accordance with the order as so varied.

f) no deduction or payment shall be made by an employer in respect of or during any month in which any of his employees who is a member of the trade union concerned takes part in any strike, unless and to such extent as the Minister otherwise directs by notice in writing to the employer.

g) Every employer on whom a notice has been served under 6 above shall before the tenth day in each month inform in writing the trade union on behalf of which that as service of the names of any persons named in that notice who have ceased to be employed by him or who have notified him in writing that they have ceased to be members of that union.

22. EDUCATION LEAVE/STUDY LEAVE

Upon request by the employee for a trade union related educational training course, through the trade union, the employer will allow such employee to proceed to such training course on full pay, provided that such leave shall not exceed a total period of two (2) weeks in any one given calendar year for any individual employee.

23. DEATH OF AN EMPLOYEE WHILE IN SERVICE.

a) When an employee dies or is killed in employment the employer will on humanitarian grounds provide a coffin and contribute the sum of Kshs.20,000/— (twenty thousand shillings only) towards the funeral expenses.

b) Where employment is terminated by death of an employee the employer shall

c) pay the gratuity in accordance with the provision of clause 16(b).

24. RISK ALLOWANCE

All employees who work in medical institution (specifically nurses and the para-medical staff only),shall be paid a monthly risk allowance of 10% of their salary.

25. AGENCY FEE

The employer shall have the right to deduct 2% of the total gross pay as agency fees from employees who are not members of the Union whose terms and conditions are covered by this agreement and such sum shall be sent to the Union Headquarters as is defined under Section 49 of the Labour Relations Act 2007.

26. EFFECTIVE DATE AND DURATION

This agreement shall be effective as from 1st January, 2013 and shall remain in force for a period of 2 years from that date and thereafter until it is amended by mutual agreement between the employers and the union, provided that the parties desiring to amend the agreement shall give one month's notice to their intention and shall set in writing the details of the amendments or alteration which such party desires.

SIGNED: FOR AND ON BEHALF OF THE REGISTERED TRUSTEES OF THE CONSOLATA SISTERS.

……………………………………………………………………………………….

SISTER ROSWITHA MEIERSISTER LUISA ELVIRA FERRACCI

SIGNED:FOR AND ON BEHALF OF THE REGISTERED TRUSTEES OF THE CONSOLATA FATHERS.

……………………………………..……………………………………………….

FR. STEPHEN MURAGE FR GERARD MERTINELLI

ADMINISTRATOR ASST. ADMINISTRATOR

SIGNED:FOR AND ON BEHALF OF THE KENYA UNION OF THE DOMESTIC, HOTELS, INSTITUTIONS, HOSPITALS AND ALLIED WORKERS.

………………………..

ALBERT NJERU

GENERAL SECRETARY

……………………………………………………………………

JOHN OMBIMA COLONEL OUNDAH

ASST. SECRETARY GENERAL SNR. DEPUTY GENERAL SECRETARY

WITNESSES BY :-

……………………………………

GEORGE R AMBUCHE

INDUSTRIAL RELATIONS OFFICER

FEDERATION OF KENYA EMPLOYERS

SIGNED AT NAIROBI THIS………………….DAY OF ………………………………2013

APPENDIX 'A'

JOB GROUPS

1ST JANUARY, 2011— 31ST DECEMBER, 2012

(CLASSIFICATION)

C.B.A. — CONSOLATA SISTERS AND CONS OLATA FATHERS Vs KUDHEIHA

DESCRIPTIONS OF JOB CATEGORIES OF EMPLOYEES COVERED IN THIS AGREEMENT

GROUP. 1

General Workers Including Ward Attendant:

Qualifications:Preferably literate in English and Kiswahili

Duties:Will perform unskilled duties as directed or assigned by his/her superior.

Experience:Not necessary.

GROUP. 11

Kitchen and Pantry Assistant:

Qualifications: Literate in English and Kiswahili.

Duties:To mind, wash and clean cutlery, crockery and kitchen pantry.

Also to set up food trolleys.

Watchman (60 hours week)

Qualifications: Literate in English and Kiswahili.

Duties:To guard all the property during the night or day as assigned by

Employer. To control entry and exit of visitors.

Dobie assistant:

Qualifications: Literate in English and Kiswahili.

To collect dirty linen and send them to the laundry.

Collect clean linen from the laundry, sort them out and distribute them accordingly.

GROUP III

Nursery School Teacher — Untrained Nursery School Teacher:

Qualifications: Literate in English and Kiswahili with Std. VII or VIII or Form

II with two years experience.

Duties:To teach and care for Pre-unit and Pre-Nursery children. Will

work under the supervision of the Headmistress in charge of the Nursery School and will perform other duties as may be

assigned by the superior.

X-ray Room Attendant:

Qualifications : Literate in English and Kiswahili and at least of form IV level.

Duties:Preparation of x-ray room, collect and deliver x-ray reports to

respective departments as directed by the superior.

GROUP IV

(a)Nursery School Teachers:

Qualifications: untrained Nursery School Teachers with minimum

qualifications of up to Form IV level with a minimum Grade D+ (8-4-4 system) or Division IV K.C.S.E. and should have at least l year experience.

Duties:To teach and care for Pre-Unit and Pre-Nursery children. Will work under the supervision of the Headmistress in charge of the Nursery School and will also perform other duties as may be assigned by the superior.

(b)Laboratory Assistant:

Qualifications: Literate in English and Kiswahili preferably Form IV.

Duties:To perform general chores including cleaning in the laboratory under the laboratory in charge.

Boiler Operator I:

Qualifications: Literate in English and Kiswahili. Preferably of Form IV

Education level. Should have had still improvement training on job and will work under the instruction of a Boiler Operator in charge.

Duties:To carry out simple operations like cleaning the boiler, starting and putting off boilers checking and ensuring that water and steam levels are adequate.

Waiter 1 (without a certificate):

Qualifications: Literate in English and Kiswahili and expected to have completed Form IV or its equivalent. No formal training is required but will have undergone on job training.

Duties:Collect food from the kitchen and serve the same to visitors or customers. Clean the dining hall tables and return the utensils to the kitchen and ensure the general cleanliness of the dining halls/rooms.

Assistant Cook (for Single Homes)

Qualifications: Literate in English and Kiswahili. No formal training may be required but some experience in cooking may be necessary (minimum Form 4 standard).

Duties : To cook for few people living in a single home and may also be assigned duties by employer where appropriate. Will work under the supervision of head cook.

Theatre Assistant. 1

Qualifications: Literate in English and Kiswahili. Minimum education level should be Form TV and must have worked as a general worker in the Theatre before moving to this grade.

Duties:Will work under the guidance of theatre nurse and must be able to prepare packs and sterilize instruments.

Patient Attendant:

Qualifications: Literate in English and Kiswahili and minimum secondary school education of Form IV.

Duties:To work under a qualified nurse and to do as directed.

GROUP V:

Nursery School Teachers:

Qualification: (i) Trained Nursery School Teachers — whose qualifications must meet minimum qualifications of up to Std VII, C.P.E. level with a Grade C Pass of Education and training, of 2 years (in remote areas). To teach and care for pre primary children under the supervision and directions of a Senior Teacher.

(ii) Trained Nursery School Teachers with minimum qualifications of up to Form II level with training of 2 years. To teach and care for pre-primary children under the supervision and , directions of a Senior Teacher.

Watchman (60 hours week):

Qualifications: Literate in English and Kiswahili and good ability to communicate effectively.

Duties:To guard all the property during day and night as assigned by

the employer. To control the entry and exit of visitors within the premises.

Waiter II (with relevant Certificate) and/or with 2 years experience:

Qualifications: Literate in English and Kiswahili with a minimum education standard of Form IV. He should have a certificate from an institution offering (institutional management courses).

Duties: To serve in a medium sized institution catering for a big number of people.

GROUP VI:

Nursery School Teacher:

Qualifications: Trained Nursery School Teachers with minimum qualifications of up to Form IV level with a minimum Grade D+ (8.4.4. system) or Division III — K.C.S.E. and should have a professional certificate from "Kindergarten Headmistress Association" (KHA) recognized institution. Should have experience of at least 2 years. To teach and care for Pre-Unit children. Will work under the Supervision of the Headmistress in charge of the Nursery School and will also perform other duties as may be assigned by the superior.

Artisans (without Government Trade Test Certificate):

Qualifications: Literate in English and Kiswahili. May not have undergone formal training but must have gone on job training and conversant with the trade.

Duties: Should be able to carry out elementary tasks of either masonry,

plumbing, carpentry or vehicle mechanics.

Driver I:

Qualifications: Literate in English and Kiswahili. Should be holding a valid, clean driving license of a class which will enable him to drive a vehicle not exceeding 2 tones. Driving licence Group E.

Duties: To drive the above said vehicle as may be directed by his employer. Also to make sure that the vehicle is clean and in good working condition at all times.

Cook (for Single Homes):

Qualifications: Literate in English and Kiswahili. No formal training may be required but some experience in cooking may be necessary.

Duties:To cook for few people living in a single home and may also be

assigned some duties by employer where appropriate.

Telephone Operator:

Qualifications: Minimum Form IV school certificate. Good command of English and Kiswahili languages both in written and spoken. Should have good ability to communicate effectively.

Duties:To operate the telephone switchboard thus controlling incoming

telephones and outgoing telephones may also be required to take telephone messages.

Receptionist:

Qualifications: Minimum Form IV school certificate. Good command of English and Kiswahili languages both written and spoken. Should have good ability to communicate effectively in both languages.

Duties:To man the Reception desk thus, control incoming visitors and

assist them by directing them to various places (sections they would like to go). To record down the names of visitors that come in, (for security reasons).

Theatre Assistant II:

Qualifications: Minimum education level should be Form IV. Must have at least five years of experience in the theatre and have worked as Theatre Assistant I, before being promoted to this grade of Theatre Assistant II.

Duties:Will work under the guidance of theatre nurse and must be able

to scrub and assist in all cases plus on 'calls', prepare packs and sterilize instruments. Also be able to supervise other staff working in the Theatre.

Boiler Operator II:

Qualifications: Minimum Form IV level of education. Should have had skill improvement training on job and will work under the instruction of a boiler operator in charge. A continuous five years of experience will be necessary before one is promoted to this grade. Must have worked as a Boiler Operator I and have comprehensive training at National Industrial Training Centre.

He is expected to service the Boiler and any associate

equipment.

Typist I:

Qualifications: Minimum Form IV level of education. Typist speed of at least 35 words per minute. This is a copy typist who may not require other forms of training.

Duties: To type from given copies, to file and retrieve those records when needed. May also attend to Franking Machines and organize for postage.

GROUP VII:

Artisans (with G.T.T.C. Grade 3)

Qualifications: Minimum Form IV level of Secondary Education preferably Division LII or 8-4-4 D+. A professional Government Trade Test Certificate Grade 3 or

Elementary Grafts man Certificate.

Duties: Work in the related field performing appropriate functions. Will work under the supervision of somebody holding a G.T.T.C. Grade 2.

Clerk II:

Qualifications: Minimum Form IV Division III or C in 8-4-4 system of education with 3 years experience in relevant department. Some professional training e.g. examination leading to stores, accounts, sales or purchasing clerk will be required.

Duties:Will work as a clerk but in his line of specialty thus will be

deployed in a section or department according to his line of training.

Head Waiter:'

Qualifications: Literate in English and Kiswahili with a minimum education level of Form IV. Should have a certificate from an institution offering institutional management courses. Should have experience on job as waiter for 8 years.

Duties:To serve in a large size catering institution and being in charge

of all other waiters. To ensure that best service is given to the clients.

GROUP VIII:

Artisans (with G.T.T.0 Grade 2)

Qualifications: Minimum Form IV level of Secondary School Education. A professional Government Trade Test Grade 2 will be required plus practical experience of not less than 5 years.

Duties:Work in related field performing appropriate functions under the supervision of an Officer holding a G.T.T.C. Grade I.

Instructor (with G.T.T.C. Grade 2)

Qualifications: Minimum Form IV level of Secondary Education preferably Division III or Grade C of 8-4-4 system of Education. A professional Government Trade Test Certificate Grade 2 will be required. 5 years relevant experience is necessary.

Duties:To instruct students preparing for various trade tests. He will

work under the college in charge.

Clerk III:

Qualifications: Minimum Form IV Division III or Grade C in the 8-4-4 system of Education with 5 years practical experience in relevant department. Some professional training e.g. examinations leading to stores, accounts, sales or purchasing clerk will be required at intermediate level.

Duties:Will work as a clerk but in his line of specialty thus will be

deployed in a section or department according to his line of training.

Boiler Operator III:

Qualifications: Must be of Form IV level of Education and must have worked as Boiler Operator II. Must have undergone a comprehensive

training at National Industrial Training Centre.

Duties:Should operate the Boiler, be in charge and expected to service

the Boiler and associated equipment.

Typist II:

Qualifications: Minimum Form IV of Education. Typing speed of 35 words per minute and a shorthand speed of 80 words per minute. This is a shorthand typist who will require an additional training in

shorthand.

Duties:To take shorthand notes and type from those notes and to

perform other office routine.

Cook:

Qualifications: Minimum Form IV level of Education and 3 years experience in cookery. A certificate from institution offering institutional management courses will be required.

Duties:To cook and be in charge of the Kitchen in an institution that

caters to minimum of 100 people.

Driver II:

Qualifications: Literate in English and Kiswahili languages preferably of Form IV Secondary School level. Should have a minimum of 5 years driving experience. Should hold a valid clean driving license of a class to enable him drive a heavy commercial vehicle exceeding 8 tones tare weight.

Driving License Class A & B.

Duties: To drive the above mentioned vehicle as may be directed by his employer from time to time. Also to ensure that the vehicle is clean and in good working conditions at all times.

Theatre Assistant III:

Qualifications: Minimum Form IV level of education or grade C of the 8-4-4 system of education. Must have eight years experience in the theatre and must have worked as theatre assistant I or II before being promoted to this grade of theatre assistant III.

Duties:Will work under the guidance of theatre nurse and must be able to prepare packs and sterilize instruments and carry out all the theatre functions by assisting in all cases "calls" and stand 'by' also be able to supervise other staff working in the Theatre.

Assistant Head Cook:

Qualifications: Minimum Form IV level of education preferable Division III or D+ of 8-4-4 system of education. Should have 5 years experience in cookery. A certificate from an institution offering institutional management courses will be required, for at least 2 years.

Duties:To write his own menu, and cook for 200 people or more. He will also be in-charge of the kitchen.

Assistant Senior Clerk:

Qualifications: Minimum Form IV Division III of Grace C in the 8-4-4 system of Education with 8 years practical experience in relevant department. Some professional training e.g. examinations leading to stores, accounts, sales or purchasing clerk will be required at intermediate level.

Duties:Will work as a clerk but in line of specialty thus will be deployed in a section or department according to his line of training. Above all he will be senior and thus supervise the other clerks.

Driver III

Qualifications: Literate in English and Kiswahili languages preferably of Form IV Secondary School level. Should have a minimum of 5 years driving experience. Should have a valid clean driving license of a class to enable him drive heavy commercial vehicles exceeding 8 tones tare weight. Driving License Class A & B with mechanic Test Grade I.

Duties:To drive the above mentioned vehicle as may be directed by his employer from time to time. Also to ensure that the vehicle is clean and in good working condition at all times.

GROUP IX:

Artisans (with G.T.T.C. Grade I):

Qualifications: Minimum Form IV level C of the 8-4-4 system of Test. Certificate Grade I years.

Duties:Work in the related field performing appropriate functions and being in

charge.

GROUP X:

Senior Clerk:

Qualifications: Minimum Form IV Division III or Grade C in the 8-4-4 system of Education with not less than 8 years practical experience in relevant department. Professional training at an advanced level will be required.

Duties:Will work as a clerk (senior) but in his line of specialty thus will be deployed to work in the section or department according to his line of training. Above all, he will be in charge of all clerks.

Head Cook:

Qualifications: Minimum Form IV level of education preferably Division III or Grade C of the 8-4-4 system of education. Should have 8 years experience in cookery. A certificate from an institution offering institutional management course will be necessary for at least 3 years.

Duties:To write his own menu, to cook and be in charge of a kitchen catering for minimum of 300 people.

Theatre Assistant IV:

Qualifications: Minimum Form IV level of Education or Grade C of the 8-4-4 system of education. Must have experience of not less than 10 years in the theatre and must have worked as theatre assistant III before being promoted to this Grade of theatre assistant IV.

Duties :Will work under the guidance of theatre nurse and must be able to prepare packs and sterilize instruments. Also will be in charge of all other staff in the theatre functions of a senior nature and to delegate duties and supervise his subordinates.

APPENDIX B

GROUP A B
JOB PREVIOUS WAGES

31-12-2012

NEW WAGES

1-1-2013

NEW WAGES

1-1-2014

PREVIOUS WAGES

31-12-2012

NEW WAGES

1-1-2013

NEW WAGES

1-1-2014

1 13,213 13,713 14,213 12,345 12,845 13,145
2 13,559 14,059 14,559 12,576 13,076 13,576
3 14,476 14,976 15,476 13,690 14,190 14,690
4 15,437 15,937 16,437 14,237 14,737 15,237
5 16,848 17,348 17,848 14,357 14,857 15,357
6 18,042 18,542 19,042 16,452 16,952 17,252
7 21,925 22,225 22,525 20,486 20,786 21,086
8 26,400 26,700 27,000 24,791 25,091 25,391
9 27,254 27,554 27,854 25,846 26,146 26,446
10 31,913 32,213 32,513 31,463 31,763 32,063

KEN The Registered Trustees of the Consolata Sisters and Consolata Fathers - 2013

Start date: → 2013-01-01
End date: → 2014-12-31
Name industry: → Hospitality, catering, tourism
Public/private sector: → In the private sector
Concluded by:
Name company: →  The Registered Trustees of the Consolata Sisters and Consolata Fathers
Names trade unions: →  COTU - Kenya Union of Domestic Hotels, Educational Institutes, Hospitals and Allied Workers

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 75 %
Maximum days for paid sickness leave: → 180 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: → No

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 13 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → Yes
Prohibition of discrimination related to maternity: → Yes
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: → 10 days
Paternity paid leave: → 14 days

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: → 9.0
Working hours per week: → 45.0
Working days per week: → 6.0
Paid annual leave: → 28.0 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
Provision that minimum wages set by the government have to be respected: → 
Adjustment for rising costs of living: → 0

Wage increase

Wage increase: → 7.0 %
Wage increase starts: → 2012-12

Extra payment for annual leave

Extra payment for annual leave: → KES 5000.0

Premium for overtime work

Premium for Sunday work

Premium for Sunday work: → 100 %

Allowance for seniority

Allowance for seniority: → KES 500.0 per month
Allowance for seniority after: → 5 years of service

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → 
 
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