FREETOWN. 18th September, 2020
MINISTRY OF LABOUR AND SOCIAL SECURITY Govt. Notice No. 161
SERVICES TRADE GROUP NEGOTIATING COUNCIL THE REGULATION OF WAGES AND INDUSTRIAL RELATIONS ACT No. 18 of 1971
Notice is hereby given in accordance with (the Regulations of Wages and Industrial Relations Act No. 18 of 1971). That the Terms and Conditions of employment agreed by the Collective Agreement between employers in the Services Trade Group Negotiating Council in the Republic of Sierra Leone and the Artisans, Public Works and Services Employees Union, Municipal and Local Government Employees Union, National Union of Forestry, Plantation and Agricultural Workers, Skilled and Manual Productive Workers Union Sierra Leone Union of Services and Allied Workers, and Pensioners Security Guards, Cleaners and NGO Workers Union on Tuesday 26th March, 2020 and set out in the Agreement published hereunder constitute the recognized terms and conditions of employment applicable to the Workers specified in the agreement from the effective date of the Agreement. All employers of workers to whom this Notice applies shall observe the recognized Terms and Conditions of employment or such Terms and Conditions of employment as are not less favorable than the recognized Terms and Conditions.
JOHN KALLON,
Commissioner of labour.
MINISTRY OF EMPLOYMENT, LABOUR AND SOCIAL SECURITY,
NEW ENGLAND,
FREETOWN.
***********
TERMS AND CONDITIONS OF SERVICE OF ALL
SERVICER TRADE
GROUP WORKERS BELOW SUPERVISORY LEVEL IN
THE REPUBLIC
OF SIERRA LEONE
Collective Agreement between Employers in the Services Trade Group Negotiating Council in the Republic of Sierra Leone and Artisans and Public Works and Services Employees Union, Municipal and Local Government Employees Union, National Union of Forestry, Plantation and Agricultural Workers, Skilled and Manual Productive Workers Union, Sierra Leone Union of Services and Allied Workers, Pensioners, Security Guards, Cleaners and NGO workers union.
THIS AGREEMENT is made in Freetown this 26th day of March 2020 between Employers in the Services Trade Group (hereinafter referred to as the Employers) on the one part and the Artisans Public Works and Services Employees Union, Municipal and Local Government Employees Union, National Union of Forestry Plantation and Agricultural Workers, Skilled and Manual Productive Workers Union, Provincial and General Workers Union and Sierra Leone Union of Services and Allied Workers, Pensioners Security Guards Cleaners and NGO workers union (hereinafter referred to as the Unions) on the other part, w^ich Unions at present hold the Bargaining Certificate for the Services Trade Group.
Any Union subsequently granted the relevant Bargaining Certificate shall be included in the above list.
This Agreement is to be read in conjunction with and is supplementary to the Regulations of Wages and Industrial Relations Act No. 18 of 1971. All workers to which this Agreement applies should acquaint themselves with the Terms and Conditions set out therein and ensure that they are receiving not less than the minimum Terms and Conditions as defined in this Agreement
PREAMBLE
In accordance with the Regulation of Wages and Industrial Relations Act No. 18 of 1971, a Trade Group Negotiating Council for the Services Trade Group is set up and has the following powers:
ARTICLE 1: POWERS
The powers of the Trade Group Council shall be:
(a) To peacefully negotiate salaries and Wages, Terms and Conditions of service for employed persons below Supervisory level consistent with the financial resource of the Trade Group Council and the mutual advantages to be derived from successful enterprise in terms of providing salary and wage-earning employment and retirement benefits.
(b) To eradicate industrial conflict by harmonizing the aspiration of Management and Workers.
(c) To create such mutual confidence between Management and Workers as will serve then- best interest and
(d) To this end to promote Management and workers education programmes designated to increase consciousness of each other difficulties the benefits of improved skills and high productivity and of respect to each other's property.
ARTICLE 2: FUNCTIONS
To agree to salar ies and wages, Terms and Conditions of Service within the Trade Group including the powers to fix holidays with pay to be allowed to Workers, their employers and the power to fix overtime rate pay in respect of hours worked in excess of normal working hours
ARTICLE 3: DEFINITION OF WORKER
For the purpose of this agreement the Term "Worker” means workers below supervisory level that includes all workers in the service group that is Government workers not covered in other esisting Trade Group Agreemets, as well as the following:
- Universities,
- Local/International Non-Government Organization
- Professional/Trade Organizations
- Diplomatic Missions
- Tertiary and Polytechnics
- Teachers Training Colleges
- Legal Services
- Non-teaching staff of Educational Institutions (both public and private)
- Labour Organizations (Trade Union)
- Religious Organizations Security Agencies
- Gatemen/Watchmen/Private or Personal Securities or Guards
- Welfare Institutions
- Community and Other Recreational Services
- Laundry Services Funeral Homes
- Cleaners/Domestic Workers Office
- Messengers/Support Staff Environmental/Cleaning
- Services Government Workers below supervisory level
ARTICLE 4: DEFINITION OF SUPERVISOR
For the purpose of this Agreement, a Supervisor is a worker/employee having authority in the interest of the Establishment to hire, transfer, suspend, lay-off, recall, promote, discharge, reward or discipline of other workers, and having authority to adjust the grievances of other workers or having the responsibility to take such actions which is not merely of routine nature but require the use of his/her independent judgment, and receiving remunerations above any of his /her subordinates.
ARTICLE 5: HOURS OF WORK
(a) The normal working hours per week shall consist of 40 hours spread over 5 (five) days Monday through Friday.
(b) The normal working hours per week and the days involved can be varied by written agreement between an employer and the Union but in such a manner that the total hours shall not exceed 40 (forty) hours in any one week.
(c) Hours worked on normal rest days (i.e. Saturdays and Sundays or other substituted rest days) and Gazetted Public Holidays shall be paid double time.
(d) The normal working hours for watchmen, Security Men Gatemen shall be 12 hours per day. 5 (Five) days per week Monday to Friday. Any hours worked in excess of 60 hours per week shall be considered double time and calculated on the national minimum wage. In ajj situation wherein, the employee's basic salary exceeds that of the national minimum wage, it shall be calculated on the previous one (the employee's minimum wage).
(e) By agreement with the appropriate Trade Union, the working days can be varied to suit the operational requirements of the establishment. The total hours worked in any case shall not exceed 40 hours in any week for the general work force and 60 hours for Watchmen, Security men and Gatemen in any one week.
ARTICLE 6: PROBATIONARY PERIOD
(a) All workers covered by this Agreement shall, upon engagement, serve a probationary period of 4 (four) months. If during this period a worker has not shown him/herself sufficiently suitable for appointment theemployer may, either terminate the employment without notice or have the probationary period extended for a further period of 3 (thi-ee) months. On no account shall the total probationary period exceed 7 (Seven) Months.
(b) Where a worker has been confirmed for permanent employment having become eligible the start of the period of service shall be from the day of engagement for probation as opposed to the date of letter of such appointment.
(c) For workers in Government employment where conditions of service are prescribed by internal regulations, such existing internal regulations shall apply; in any case, temporary employment shall not exceed 3 (three) years for absorption into the Permanent and Pensionable Service.
(d) All workers so employed shall be issued with a letter of appointment and a copy of this Agreement.
ARTICLE 7: OVERTIME
Any period of time worked in excess of the agreed normal working hours shall be counted as overtime.
All overtime shall be paid with workers' wages or salaries, calculated at time and half for normal working days and double for Public Holidays, and agreed normal rest days. In no case shall it be paid later than the 15th of the subsequent month.
ARTICLE 8: SEASONAL/CASUAL EMPLOYMENT
It is recognized that the Employer may have cause to employ seasonal or casual workers for an established period of 3 three () months and such employment shall be for specific periods only, and this will be clearly stated in the letter of employment to determine the notice of termination of such seasonal/casual employment. This type of employment shall also be under the Terms and Conditions of this Agreement.
ARTICLE 9: ANNUAL LEAVE AND LEAVE ALLOWANCE
(a) The granting of leave entitlement shall be subject to the exigencies of the employer's operation and that leave of a worker may be deferred as circumstances may warrant. Where •• a worker's leave is deferred to another year, he
or she shall be paid leave allowance and leave pay and shall be notified in writing.
(b) No worker's Annual Leave shall be deferred for more than 1 (one) year without the written consent of the worker, but in any such case not exceeding two years concurrently. It is further agreed that where any leave is accumulated, a worker shall receive leave allowance and leave pay in respect of each year.
(c) A worker covered by this Agreement shall be entitled to 2 (two) days traveling time each way in addition to leave earned when proceeding on Vacation Leave.
(d)In case of a worker who has served less than
12 (twelve) months but for 3 (three) months and above and whose service is terminated shall be entitled to proportionate leave.
ARTICLE 10: LEAVE RATES FOR ALL CATEGORIES OF WORKERS
EXCEPT SECURITY MEN, GATEMEN AND WATCHMEN SHALL BE AS FOLLOWS:
| From 1 - 3 Years of Service | 21 Working days |
| 4 - 6 Years of Service | 26 Working days |
| 7 - 10 Years of Service | 31 Working days |
| 11- 15 Years of Service | 36 Working days |
| Over 15 Years of Service | 38 Working days |
LEAVE RATES FOR SECURITY MEN/GATEMEN AND WATCHMEN
| From 1-3 Years of Service | 28 Working days |
| 4 -10 Years of Service | 32 Working days |
| Over 10 Years of Service | 38 Working days |
ARTICLE 11: PAYMENT IN LIEU OF ANNUAL LEAVE
Where there is an agreement between the worker and management for the worker not to proceed on leave, the worker shall receive his or her leave pay in addition to the leave allowance.
ARTICLE 12: LEAVE ROSTER:
The employer shall prepare a full leave rooster annually subject to review showing date to proceed on leave and number of days for each worker.
ARTICLE 13: RENT ALLOWANCE
A Rent Allowance of 25% of Annual Basic salary shall be paid to all categories of workers. Employees who before this Agreement were receiving higher rent allowance shall continue to do so. Employer may choose to either pay it monthly or yearly.
ARTICLE 14: MEDICAL FACILITIES
All categories of workers/employees: shall receive Le200, 000.00 as medical allowance per worker for each month including spouse and 3 (three) children below 18 (eighteen) years.
(a) Parties to this Agreement recognize the desirability in providing medical schemes to be known as 'MEDICARE'. Medicare means the provision of basic First Aid Facilities up to the service of a qualified Medical Officer where, through joint union and employer consultation it is considered necessary to have such Medical Officer in an Establishment.
(b) Where such Medicare service is established, medical treatment and transport by Ambulance or suitable employer's vehicle from place of work or specific point to a treatment center shall be provided free of charge.
(c) In the absence of an employer's medical service the employer shall pay the cost of all Out Patient and In-Patient treatment of a worker at a government hospital or registered Medical Establishment including the cost of drugs, and free tooth extraction in the case of emergency, the worker may consult a Private Doctor in which case, the worker shall report his/her illness to the Company's Medical Officer within 48 hours. Exceptional cases will however be considered by Management and the Union (such as Overseas Medical Treatment)
(d) Alternatively, in the absence of an employer's Medical service, the employer shall pay Le 200,000.00 per month to all workers to cover medical consultation and drugs throughout the duration of the illness as determined by a competent medical Doctor. No payment shall be made for days absent without reasonable excuse.
(e) With regards to (d) if it is observed that the cost of essential drugs and other medical facilities have been increased, the employers shall agree to discuss with the appropriate union concerned the revision of the amount to meet with the increased cost.
(f) Notwithstanding the above provision the employer shall take full responsibility for hospitalization, including surgical treatment where this is certified by the Company's Doctor or retainer. The worker should be in active service and in the case of accident, the incident should have either occurred during working hours or a reasonable time from office to house, vice versa
(g) It shall be a condition under this Agreement that a worker receiving private medical treatment authorized by the employer's Medical Officer shall cause the private doctor to render full
account of his/her illness to the employer's Medical Officer.
(h) It is further agreed that Medical Facilities shall be extended to families of workers, that is, wife, husband and 3 (three) children under 18 year of age.
ARTICLE 15: MATERNITY LEAVE
A female worker who has served a period of twelve months with the same employer and who becomes pregnant and applies for Maternity Leave, shall be eligible for a minimum of 12 (twelve) weeks Maternity Leave on full pay. Where it is still necessary to have further medical treatment after exhausting her Maternity Leave entitlement, Articles 16 and 17 shall apply.
ARTICLE 16: PREVENTIVE MEDICARE EXAMINATION AND TREATMENT OF WORKERS
A worker/employee who handles or comes into contact with rubbish or dead animals, or any corpsefer dangerous diseases or who is engaged in work in which there is the possibility of inhaling dust, chemicals and similar' substances shall be medically examined once in four months by a Doctor nominated by the employer at the employer's expense, and treatment provided where necessary.
ARTICLE 17: SICK LEAVE
Where a worker falls sick and his/her sickness is supported by a certificate from the Establishment's Medical Officer or a Certified Medical Doctor as the case maybe he/she shall be granted paid sick leave in any one Calendar year of twelve (12) months as follows:
| 1- 5 years of service | 35 days on full pay and |
| Followed by | 35 days on half pay |
| Over 5 years of service | 42 days on full pay and |
| Followed by | 42 days on half pay |
| Over 10 years of service | 47 days on full pay and |
| Followed by | 47 days on half pay |
ARTICLE 18: EXTENDED SICK LEAVE AND MEDICAL BOARD
Notwithstanding the period of paid sick leave as herein agreed the parties recognize the need for extending a worker’s paid sick leave. In such event both parties shall be guided by an independent qualified Medical opinion as to any further period of paid sick leave to be allowed.
In all cases continuation of the worker's service or the granting of any further additional sick leave shall be determined by a Medical Board approved by both parties.
ARTICLE 19: LEAVE ON URGENT PRIVATE AFFAIRS (UPA)
Leave on Urgent Private Affairs shall be granted with pay to workers up to 15 working days a year and such leave shall be deducted from the worker's next Annual Leave. Only workers who have completed 12 months service with the same employer shall be entitled to U.P.A. Leave.
ARTICLE 20: TRANSFER. PERMANENT. TEMPORARY. EMERGENCY AND OUT-OF-STATION ALLOWANCE
(a) A worker is subject to be transferred to any part of the country (Sierra Leone) where his establishment may have operations, and when such transfers are planned or contemplated, the employer shall give at least six weeks' notice to the workers concerned except in cases of emergency.
b) When an employee/workcr is required by his employer to be permanently transferred to any place other than his normal place of work within Sierra Leone, the employer shall undertake to transport or to pay full transportation cost to the worker, his wife, husband and up to a maximum of four children up to 18 years of age at current road transport rates.
c) If the employee/worker is transferred back, resigns or is terminated, his wife/husband and family shall be provided with similar transport or transportation costs, provided that in the case of resignation the employee/worker concerned shall apply for his/her transport facilities within six months of ceasing employment.
d) An Employee/Worker so transferred shall be entitled to a one-off relocation allowance of Le500,000.00 before he/she leaves his/her original place of work. For temporary transfer of less than 6 months duration a worker shall be paid the following out of station allowance, and shall not receive removal allowance: All categories of workers on duty outside their normal place of work within Sierra Leone shall be paid le 200,000.00 per night. Allowances to be paid to the Employee out of Sierra Leone shall be determined by the Employer. Such out of station transfer for Employees should not exceed 90 days.
e) Overseas Relocation:US$100 Monthly or
Equivalent in addition to Salar
ARTICLE 21: ACTING ALLOWANCE
When a worker/employee performs the normal duties of a post in a higher classification or grade for at least 21 (twenty-one) working days, he/she shall be paid an acting allowance equivalent to the difference between his/her current gross salary/wages and the minimum of the current salary/wages of the grade of the post in which he/she is acting. Where his/her current salary is already more than such minimum the difference shall be calculated from the next higher point in the grade.
b. Except in the case of illness or leave of absence, study leave, no employee/worker shall be required to act in
any vacant post for a period not exceeding 6 (six) months without confirmation.
ARTICLE 22: DISCIPLINE
Where the services of a worker/employee have not proved satisfactory or where a worker/emplace commits a minor offence which does not merit dismissal the following procedure shall apply:
(a) For the first, second and third offences a written warning shall be given in respect of each offense and before such warning, the worker/employee shall be given the opportunity to defend himself/ herself. After three such warnings a fourth offence of continued unsatisfactory service within 12 (twelve) months from the date of the first offence shall give the employer the right to suspend the worker/employee not exceeding 5 working days without pay. Any written warning given under this Article shall cease to have effect after a period of 12 months.
(b) The employer shall let Dismissal take effect without notice at any time if the employee/ worker is guilty of serious misconduct or of any serious breach in the observance of the employer's safety regulations after thorough investigation by both the union and employer.
(c) In respect of dismissal for gross misconduct and or gross negligence or for a matter under investigation as provided for in Article 22 below the employer, can suspend the worker/employee on half pay pending the result of criminal or disciplinary proceedings. If the suspension is not followed by dismissal, the worker/employee shall continue in his/her employment and shall be paid the balance of his/her salary/wages for the period which he/she is suspended.
(d) Example of offences for which the worker/ employee is liable to summary dismissal without notice:
1) Gross misconduct for serious negligence
2) Unauthorized use of time cards
3) Knowingly concealing from his employer an infectious or contagious disease
4) Consumption of intoxicating liquor on the employer's premises except on occasions approved by Management.
5) Possession of Cannabis Sativa or similar drugs on the employer's premises.
6) Being under the influence of intoxicating liquor or cannabis sativa of similar' drugs whilst on duty, confirmed after medical examination.
7) Proven stealing or attempted theft of employer's business.
8) Conduct calculated seriously to injure the employer's business
9) Gross insubordination, and
10) Fighting during working hours.
ARTICLE 23: TERMINATION OF SERVICE
Where employment is terminated by tire employer other than in the case of summary dismissal in accordance with Article 22 (b) of this Agreement, the employer shall give one month's notice or one-month salary in lieu of notice in respect of all workers. The employer shall also comply with Article 46 if the worker is eligible. A worker/employee who intends to resign his/her appointment shall similarly give notice as specified above or pay in lieu thereof.
ARTICLE 24: GRIEVANCE PROCEDURE
The intent of the parties hereto is to establish the means for the prompt disposal and amicable settlement of all complaints arising out of the application of interpretation of the Terms of this Agreement. Should any difference arise between the employer and worker or the Union as to the interpretation, compliance with, or application of the provisions of this Agreement an earnest effort shall be made to settle such matters at the lowest level possible in accordance with the following procedures:
Step 1
Attempts shall be made by the aggrieved worker to discuss tlie grievance verbally with his/her immediate supervisor. This should be done as soon as possible after the case of the grievance arises. Should the immediate Supervisor be unable to settle the grievance satisfactorily, the Shop Steward accompanied by the worker shall discuss the grievance with the immediate head. If the grievance is not settled the matter shall be brought to the attention of the Sectional Head within 2 (two) working days.
Step 2
The Sectional Head with the Shop Steward shall attempt to settle the grievance. If they are unable to do so satisfactorily within 3 (three) working days, the matter shall formally be reported in writing to the Officer-in-charge of personnel affairs.
Step 3
The officer-in-charge of personnel affairs and the worker together with die Shop Steward shall attempt to settle the grievance. Nevertheless, as soon as a grievance is brought up at this level in respect of union members, the Shop Steward shall notify the Secretary General of the Union.
Step 4
The Secretary General shall arrange to meet management and this meeting shall be held within 4 (four) working days from the date of report.
Step 5
In the event of failure to resolve the matter at Step 4 (four) either party shall be free to report the matter to the Minister of Labour and copy the Commissioner
Step 6
In the event of the matter not being resolved, either party shall report the circumstance to the Minister of Labour in accordance with sub-section 2 of paragraph 17 of Act No. 18 of 1971 on The Regulation of Wages and Industrial Relations.
Notwithstanding, the above grievance of a very serious nature shall be taken up by the union Secretary direct with Management and vice versa. The existence of this grievance procedure shall not prevent eidier party to this Agreement from initiating informal exchange of views with the other party on matters of mutual interest whether or not these matters are covered by the provisions of this Agreement.
ARTICLE 25: REDUNDANCY
(a) Redundancy is defined under this Agreement as the involuntary loss of employment through:
i. No fault of the worker by reason that his employer has ceased or intends not to carry on the business or part of it for which the worker was employed and that the worker shall not be replaced by another worker.
ii. A change in the method of operation or administration of the business or any part thereof which result in either a reduction in the work force requirements of the employer concerned or a change in the type of skills, qualifications and experience which a worker must possess to perform the duties required of him.
(b)Before declaring any worker redundant in a given post, the employer shall undertake to explore the possibility of using his services in alternative employment, the employer further undertakes to retain potentially redundant workers where such worker can be retained for alternative employment within an establishment.
(c) When a situation involving redundancy occurs or is considered likely to occur in an establishment, the employer shall give the earliest warning in confidence to the General Secretary of the Union. He shall invite him to consult and discuss the plans. The employer and the General Secretary shall consult together in good faith with a view to ensuring that the steps taken by the employer to deal with the redundancies are fully explained to the individual workers concerned with as much notice as possible and that the redundancies are carried out equitably. At least three months' notice of such redundancies shall be given by the employer to the General Secretary. Workers to be affected shall be informed of the redundancy of their employment not less than two months prior to the effective date.
(d) Normal notice shall he given to workers/ employees who are to be made redundant.
(e) Where skills, ability and performance are considered to be equal a worker/employee who is junior in respect of length of service with the establishment shall be discharged in respect of
redundancy before a worker/employee who is senior in length of service.
(f) In the event of a worker/employee being discharged in respect of redundancy he or she shall be granted his/her rights as provided for in law or by this Agreement.
(g) A worker/employee declared redundant shall be placed on a recall list for twenty weeks following his/her discharged.
(h) In the event of a worker/employee being redundant he/she shall receive redundancy compensation in accordance with Article 26 of this Agreement. Such redundancy compensation shall be in addition to any benefit to which the worker/employee may be entitled to e.g. Annual Leave and End of Service Benefit. All such entitlements shall be paid on or before the expiration of the 3 (three) months as in 26 (c).
(i) Both parties recognize the importance o? the Shop Steward and agree that a Shop Steward shall not be declared redundant unless circumstances demand that he should be declared redundant.
(j) It is agreed that employers shall give first consideration to redundant workers before any new employment.
ARTICLE 26: REDUNDANCY COMPENSATION
From 1-5 years continuous - service |
32 working days for each completed year of service. |
| 6-10 years | 35 working days for each completed year of service. |
| Over 10 years | 35 working days for each completed year of service. |
ARTICLE 27: BREAK OF SERVICE
If a worker/employee is laid off and re-engaged by the same employer within 90 days, his/her services shall be considered continuous for the purpose of long service award provided he/she has not been paid redundancy compensation, and other benefits.
ARTICLE 28: TRAINING
(a) The employers and the unions agree to encourage and assist their workers to gain further training in their fields of activities t.o increase efficiency, productivity, opportunities for possible advancement within the establishment where such opportunities exist. The employeer will endeavor to promote sound training schemes such as Apprenticeship Scheme for their workers and to cooperate fully with the union on workers educational programmes intended to serve the purpose of Section 11 (b) of the Regulations of Wages and Industrial Relations (Act No. 18 of 10th December) 1971.
(b) Workers/employees participating in examinations relating to the employer's business and approved by the employer on production of the appropriate document shall be granted leave of absence and on full pay on the days on which examinations are held and the cost of such examinations shall be paid by the employer.
(c) A worker who is offered Training/Scholarship by the Employer/Union to pursue a course of study whether locally or overseas within the provision of tire above Section shall be granted Study Leave on full pay for the duration of the course of study.
(d) Subject to the provision of Article 28,(a( employers shall introduce Apprenticeship Scheme for suitable workers/employees, such workers/employees shall be allowed to attend a recognized institution without any loss of benefit whatsoever, and shall be granted every opportunity to qualify as Tradesman/ Professional.
ARTICLE 29: STOPPAGE OF WORK /STRIKE ACTION
The Union shall, in tire event the employer fails to adhere to tire dictates of the Agreement, issue twenty- one day’s strike notice. The employers and the Unions recognized that the economic well-being of both employers and the workers is dependent upon the maintenance of harmonious relations and industrial peace, Therefore, with full cognizance of this objective the employers and the Unions agree that iir the interpretation of application of this Agreement or in respect of any other matter which may arise but is not referred to in this Agreement they shall negotiate in good faith with a view to resolving the matter amicably.
ARTICLE 30: PERSONAL SAFETY AND HEALTH HAZARDS
(a) Workers whose nature of work involves a risk of personal safety or potential health hazard shall be provided at regular intervals protective clothing and or safety devices such as rubber boots, rubber suits, aprons, boots, masks, goggles, torchlights or any other appropriate devices as the nature of work may require.
(b) SAFETY COMMITTEE
A joint Safety Committee shall be constituted to assess and determine situational safety requirements at the level of the enterprise. Negligence either on the part of the employer or the workers in the enforcement or application of these provisions shall be considered as a very serious breach of the Agreement.
ARTICLE 31: PROTECTIVE CLOTHING
Notwithstanding Article 29(a) above the under mentioned items shall be jointly approved by the employer and the recognized Trade Union. Workers ^ who have been provided with any of these safety devices and neglect to use and maintain them in proper manner at all times shall be liable to disciplinary action. Any loss or willful damage to any of these items shall be paid for by the worker failing which, the employer will replace the item and shall deduct the cost from the worker's wages/salary:
1) Rubber boots for Security/Guard, Watchmen and Grass Cutters.
2) Torchlight and batteries and whistles for Watchmen and overalls for security guards and watchmen.
3) Milk and Goggles for welders
4) Rain coats for watchmen, security guards and drivers, uniforms for messengers, cleaners and security men.
5) Overall for electricians and auto-Electricians, safety boots and overall for garage workers, welding mask, cod-liver oil for block makers, store workers and goggles and overall for wood workshop carpenters and machinst.
6) Overall for paintersandsprayers
a) Torchlight - 4Months
b) Boots and Gloves - 6Months
c) Two (2) Overalls - 1Year
d) Quality Rain Coats - 1 Year
e) Two (2) Goggles - 1 Year
f) Four (4) Batteries (Vinnic) - 1 Week
g) One (1) Whistle on engagement - 1 Year
h) Two (2) Uniforms - 1 Year
i) Six (6) Welding Masks - 1 Year
j) One (1) Tin Milk - Daily
k) Three (3) Cutlasses - 1 Year
ARTICLE 32: WORKING TOOLS/IMPLEMENT
The employer shall provide working tools/implement applicable to the nature of the job to be performed and such tools/implements are to be constantly under the custody of the employer.
ARTICLE 33: TRANSPORT AND TRANSPORT ALLOWANCE
(a) Where a worker reports for work and is assigned and transported to another work site, the employer shall be responsible to provide transportation back to the original place of work. Should the worker be required to remain at work after 6.00 p.m. it shall be the responsibility of the employer to provide suitable transport to an agreed point near the worker's home. Where the worker has not been provided with such transport and incurs reasonable expenses in this respect, the employer shall fully reimburse such claimed expenses to the worker within two working days.
(b) All workers/employees covered by this Agreement shall receive a monthly transport allowance of 30% of monthly basic salary.
ARTICLE 34: RECOGNITION OF TRADE UNION
After a Union has been issued with the appropriate Collective Bargaining Certificate by the Minister of Labour, it shall be recognized by the Employer for the purpose of negotiating and for the intr oduction of the Check-off System.
ARTICLE 35: UNION REPRESENTATIVE/SHOPSTEWARD
(a) There shall be Shop Stewards in the establishment covered by this Agreement who shall be so recognized by the employer. Shop Stewards shall receive all complaints of the workers as well as those of the employers during working hours which they shall try to adjust, except in such matters as herein otherwise provided. In the event such disputes cannot be amicably settled by the shop stewards and employers, such matter shall be brought to the attention of the appropriate General Secretary for settlement. If this fails, the procedure as outlined in
Article 24 (steps 5-6) of this Agreement shall be invoked:
i. An accredited representative of the Union shall be allowed to visit an establishment to ensure that tire conditions set forth in this Agreement have been fulfilled, or for business relative to Union matters with the knowledge of the Management, so long as such visit does not interfere with normal functions of the establishment.
ii. It is agreed that the employers on their part undertake not to enter into discussion and negotiations on any subject referred to in this Collective Agreement with any individual purporting to represent the union other than its accredited representatives. The unions undertake to furnish the respective employers with a complete list of selected Shop Stewards and their assistants which shall be supplemented from time to time as may be necessary and to provide identification of such shop steward.
iii. It is agreed that employers or their agents shall at all times cooperate fully with Shop Stewards and their assistants in all matters affecting Labour/Management relations. When it becomes necessary to transfer a shop steward, the employers shall give the union at least two weeks' notice of its intention.
ARTICLE 36: PHYSICALLY CHALLENGED
(a) In the event the level of the injuiy is such that the employee/worker is unable to perform in his or her previous position and is reassigned to perform function of a lesser grade his/her salary shall be negotiated by the employer and the appropriate Union.
It is agreed that no worker/employee service shall be terminated who is involved in accident during official duties: provided the degree of injury do not hamper his/her performance on the job.
ARTICLE 37: NON-VICTIMISATION
The employers and Unions agree that there shall be non-victimization of any worker/employee because of union membership/activities in the course of his/her normal duties.
ARTICLE 38: WORKS COMMITTEE
A Works Committee consisting of an equal number of workers and employers' representatives shall be established to discuss matters relating to safety, welfare and the general improvement of the establishment as may be mutually agreed.
ARTICLE 39: CHANGE OF TRADE OR OCCUPATION
Change of trade or occupation shall be mutually agreed between the employer and the worker/employee concerned. Any such change shall not affect the services of the worker/employee nor reduce his/her rate of pay and other conditions of employment except by mutual agreement in writing between the employer and the worker/employee or his/her Union.
ARTICLE 40: BETTER TERMS AND CONDITIONS OF EMPLOYMENT
(a) Workcrs/employees who before this agreement was receiving and before this Agreement were receiving and enjoying better terms and conditions of employment related to either the status, salaries, allowances, occupation, and or the work situation appropriate and peculiar to the operations of the enterprise shall continue to do so.
(b) Consistent with the Regulation of Wages and Industrial Relations (Act No 18 10th December) 1971, the provision of this Agreement shall not prevent any employer from offering higher rates of any terms and conditions of service better than those contained in this Agreement in full consultation with the recognized Trade Union.
(c) It is agreed that a worker/employee who for a period of not less than 2 (two) years had been daily wage, Temporary Clerical Assistant or Works Service Employee and is absorbed into the Permanent Public Service of the same employer shall not receive less salaries/wages and allowance than before the worker/employee was absorbed.
ARTICLE 41: INDUSTRIAL ACCIDENT
The Employers, the Workers and the Unions shall cooperate towards the prevention of accidents and the promotion of safety regulations at the level of the undertaking or enterprises. All cases of industrial accidents shall be dealt with in accordance with the Workmen's Compensation Act, and shall be reported to the Commissioner of Labour as stipulated.
ARTICLE 42: TOOLS AND MAINTENANCE ALLOWANCE
In an event where Article 30 is not applicable and die employee provides his/her own tools/implement the following shall take effect:
(a) A tools maintenance allowance at the rate of Le5,000.00 per day shall be paid to workers who are required to use their own tools in the emplo3,'er's business.
(b) An approved list of tools shall be agreed between each employee in the enterprise and the Union concerned.
(c) The allowance shall be for the total number of days worked in any one monthly period and the tools shall be subjected to periodic inspections by the employer or his Agent.
(d) If at any regular inspection carried out by the employer or his Agent, the tools for which an
allowance is being paid for are not available, the allowance shall be withheld until the full kit is presented for inspection.
(e)All tools for which an allowance is paid shall be provided by the worker.
ARTICLE 43: WAGE CLAIM
There shall be an increase of Wages and Salaries as follows:
(a) 30% increase to all staff below supervisory level.
(b) The above increases shall be in addition to all existing salaries and wages of all workers covered by this Agreement.
ARTICLE 44: RATES OF WAGES AND SALARIES
The rates of pay agreed in the Agreement are payable for a normal working day of 8 (eight) hours, Mondays to Fridays, exclusive of meal time.
a. If a worker has been instructed to commence work at normal time by a supervisor and is then prevented by rain from completing that day's work, he/she shall be paid a full day's wage. If for any reason a worker who has reported for work is instructed to wait at the job site or other suitable place by a supervisor after normal starting time he/she shall receive a full day's pay whether work actually done or not on that day, provided he /she remained at the place of wait until he/she is told there is no work or the normal time of end of eight hours.
b. If a worker is absent without permission and has not sent a Medical Certificate or fails to communicate with his/her employer giving reasons for his/her absence within 3 (three) working days, the employer can temporarily replace him/her. However, should a worker return within 10 (ten) working days of being absent and gives satisfactory explanation for his/her absence the employer shall reabsorb him/her in his establishment. The employer shall have the right to terminate a worker/ employee who is absent without permission for a period exceeding 10 (ten) working days. When such a decision is contemplated the Union shall be informed in writing by the employer. The Union shall contact the employer within 3 (three) working days of receipt of the notification.
ARTICLE 45: END OF SERVICE. GRATUITY ON RETIREMENT. RESIGNATION. TERMINATION OR DEATH
(a)Any employee/worker who has served the same employer continuously for a period not less than one (1) year and whose services are terminated for reasons other than gross misconduct, or any worker/employee who retires, dies, resigns, shall be entitled to end of service benefit as follow:
| From 1 - 5 years | 33 working days for eachcompleted year of service |
| 6 - 10 years | 40 working days for eachcompleted year of service |
| Over 10 years | 45 working days for eachcompleted year of service |
(b) Notwithstanding the provisions of Article 45(a) the National Social Security and Insurance Trust Act of 2002 shall also apply.
(c) An employee/worker shall be required to give his/her employer one (1) month notice of intention to resign or pay 1 (one) month salary in lieu of notice. Any employer who intends to terminate the services of an employee must give 3 (three) months' notice or 1 (one) month salary in lieu of notice.
(d)Employees/Workers who retire, terminated, or declared redundant, shall be paid End of Service and Gratuity Benefits including any allowances and Annual Leave benefits accrued on the day of the end of service with the employer and any other entitlement due the employee/worker.
(e) Any 6 (six) months in excess of a year of service shall be regarded as 1 (one) year of service
(f) A worker to be retired shall be given 6 (six) months' notice to the retirement date.
ARTICLE 46: ANNUAL INCREMENTS
A worker/employee who is on a Salary Scale shall normally be eligible for an annual increment. Normal increments shall be awarded every 12 (twelve) months depending on the date of appointment or promotion:
(a) Where worker/employee's work and conduct have not proved satisfactory and the award of a normal increment cannot be justified, the employee shall be informed in writing. A review of the case shall however be made 3 (three) months after the normal incremental date. If
the worker/employee still shows no improvement another review shall be made after the next 3 (three) months. If an increment is
then awarded it shall take effect as from the
first of the month following that decision or in special cases from a date within the previous 6 (six) months as may be determined by the employer.
(b) A worker/employee appointed from Temporary to Permanent employment shall not be eligible for an increment until after he/she has completed 12 (twelve) months service in Permanent employment. In the case of special ability, employers can decide to award an additional increment.
ARTICLE 47: SENIORITY AND PROMOTION
Existing staff shall normally be given first consideration in the matter of promotion, and when such vacancies occur the employer shall take into consideration merit, technical ability and length of service. The final decision on who is to be promoted shall rest with the employer. However, any staff who has reached his/her bar for at least 2 (two) years shall be considered or by recommendation of his/her immediate Supervisor for promotion of up grading of salary to the next point of the higher salary scale.
ARTICLE 48: PROTECTION OF SENIORITY
When a worker/employee is transferred from one section to another section of the employer’s operations the worker/employee so transferred shall maintain his/her seniority and all other fringe benefits previously enjoyed by the worker.
ARTICLE 49: TEMPORARY WORK
The parties recognize instances when the contingent need for supplementary labor in respect of projects of limited duration may arise. In such cases the respective employer and the appropriate union shall negotiate appropriate Terms and Conditions of employment consistent with the nature of the project where this is not already covered by the provisions of this Agreement in respect of union members.
ARTICLE 50: CERTIFICATE OF SERVICE
On the Registration or Termination of a worker/ employee a Certificate of Sendee shall be issued when requested by the worker or the requisite Union on his/ her behalf stating the fallowing:
"Name of Employer:
"Name of Employee:
" Position Held on Employment:
" Final Position Held:
" Period of Employment...to
“ Reason for Leaving:
ARTICLE 51: FILLING OF VACANCIES
When a vacancy occurs in any given section of the establishment for a post or position in which the element or technical training is not considered to be a crucial factor in the job content for such a post or position, the vacancy shall be internally advertised for serving workers/employees of other sections to apply. Only when it is conclusively evident that serving workers/employees do not possess the basic job requirement, will the employer attempt to fill the vacancy from outside.
ARTICLE 52: CANTEEN AND RECREATIONAL FACILITIES
The employers shall undertake to provide Canteen Facilities, and to the extent possible recreational and other sporting facilities to employees/workers especially where no alternative facilities exist and shall where necessary, administer the canteen jointly with the Union.
ARTICLE 53: INSURANCE COVERAGE
The employers and the unions recognize the nature of and changes in the environment which workers/ employees in the Services Trade Group perform then- duties and agree that any employee/worker exposed to risky work shall be provided with the necessary insurance Coverage.
ARTICLE 54: DEATH/ANY OTHER BENEFIT
Where a worker/employee to whom this Agreement cover dies, his/her immediate dependant or Next of Kin as declared by the worker shall be awarded his/ her entitlement/benefit which shall have accrued at the time of his/her death including any other benefit.
ARTICLE 55: HIV / AIDS
HIV/AIDS Epidemic is a global crisis and undoubtedly a major problem for the Trade Union and Management as it affects the most productive segment on the labor force and therefore a threat to the earning power and job security of workers/employees.
HIV/AIDS is both a national and workplace issue and should be treated with all the attention it deserves. It is therefore agreed by both parties (Employers and Employee's sides) not to discriminate against an)' worker/workers who is/are affected by HIV/AIDS. It is also agreed that both parties (employers and employee's sides) should educate a worker/employee about the epidemic. All parties to this Agreement shall ensure that a workplace policy should be drawn up and operated in line with the National Policy of HIV/ AIDS.
ARTICLE 56: INDUCEMENT ALLOWANCE
Inducement allowance of Le 100,000.00 per month shall be paid to workers/employees who are actually involved in the handling of dead bodies in all Funeral Homes and Mortuaries/Morgues
ARTICLE 57: NON-ACCIDENT BONUS
It is agreed that Drivers/Operators covered by this Agreement who have worked for a period of one year without accident shall be entitled to a non-accident bonus equivalent (one) Month Basic Salary shall be paid at the end of January of each year
ARTICLE 58: DIRTY WORK/HAZARDOUS ALLOWANCE
It is agreed that employees/workers who handle or come into contact with rubbish, sewage, black oil, wool dust, toxic or dangerous chemicals or aiiy hazardous materials, such as cement or tar, shall be entitled to dirty work allowance of Le 120,000 (One Hundred & Twenty Thousand Leones) per month.
ARTICLE 59: ADVANCE OF SALARY
It is agreed that the employers shall where possible, grant an advance of salary up to an amount of 4 (four) months basic salary to be paid by installment over a period of 12 (twelve) months, provided that tire amount involved is less than the End of Service Benefit so far accrued by the worker.
ARTICLE 60: REPRESENTATION TO COMMITTEE
It is agreed that any Committee formed by the employer in uirich the Conditions in this agreement will be discussed, the Union shall be fully represented.
ARTICLE 61: CONDITION FOR NON-UNION MEMBERS
It is agreed that workers/employees whose institutions are Unionized but refused to pay Union dues w'hilst enjoying all benefits under this Collective Agreement, shall not benefit from any of the conditions contained in this Collective Agreement.
ARTICLE 62: TOILET AND WASHING FACILITIES
The employers shall provide toilets and w'ashing facilities for all employees/workers covered by this Agreement and such facilities shall be in close proximity of the employee's workplace.
ARTICLE 63: MOTOR CYCLE ALLOWANCE
It is agreed that 20% of Basic Monthly Salary shall be paid to a member of staff who uses his Motor Cycle for the performance of his official duties, subject to periodic inspection by employer to ascertain that the motor cycle is in good running order.
ARTICLE 64: LEGAL PROTECTION
It is agreed that Legal Services shall be provided by the employer when a driver or operator is involved in a matter involving an accident within the scope of his/her authorized duty.
ARTICLE 65: BICYCLE ALLOWANCE
Any member of staff who uses his/her bicycle for the performance of his/her official duties shall be paid 15% of his/her monthly basic salary.
ARTICLE 66: GENERAL
Any matter not covered in this Agreement but which may affect the conditions of Service of workers/ employees shall be subject to negotiations between the Unions and employers concerned. Where the matter is of a general nature affecting other employers in the Trade Group, the Council shall reconvene to discuss the matter at the expiration of 10 (Ten) working days' notice to have been given by either party. Where the matter cannot be peacefully resolved by the Trade Group Council, it shall be referred to the Ministry of Labour in accordance with Section 7(1) of the Regulation of Wages and Industrial Relations Act No. 18 of 1971, for appropriate action.
ARTICLE 67: UNION SECURITY/CHECK-OFF SYSTEM
A. The employer shall deduct Union dues from the workers' salaries as agreed between the Union and the worker and pay same by cheque to the appropriate union.
B. All organized Union members in any institution shall not be required to complete new check¬off/ authorization forms, and in the case of change in Union dues, rather a letter from the General Secretary of the Union intimating management of the change in Union's monthly subscription shall suffice. Such letter shall be copied to the Shop Steward and assistant Shop Steward.
C. It is agreed that workers/employees who are non - paying dues members but stand to enjoy the conditions of this Agreement, shall pay a monthly service fee of 5% of monthly basic salary to the recognized Trade Union.
ARTICLE 68: NIGHT SHIFT ALLOWANCE
Employee (except watchmen and other essential staff) required to work a full shift between the hours of 20:00 hours and 06.00 hours on temporary basis should be paid their basic rates of pay plus 10% (ten) percent of a national minimum wage of the said basic pay.
ARTICLE 69: PAY SLIP
Employers shall provide all employees with pay slip monthly showing clearly their basic salary, allowances and all deductions made thereof at the time of paying salaries.
ARTICLE 70: DURATION OF AGREEMENT
The provision of this Agreement shall come into force on the First Day of March, 2020 and shall remain in force for a period of 2 (two) years:
(1) One year nine months after the signing of this Agreement, the Trade Group Council shall meet to negotiate terms and conditions for new Agreement.
(2) At any time after 10 (Ten) Months and only during the life time of this Agreement, One Month Notice in writing shall be given by either party for a review of rates of pay only.
(3) Such awards irrespective of the date concluded, shall come into force as from the First Day of the Thirteenth Month of this Agreement.
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APPENDIX "A"
CONSTITUTION AMD RULES OF THE SERVICES TRADE GROUP NEGOTIATING COUNCIL
The name of the Council shall be "THE SERVICES TRADE GROUP NEGOTIATING COUNCIL' (hereafter referred to as the "Council" as established under Section 17(3) of the Regulation of Wages and Industrial Relations Act, No. 18 of 1971 and consisting of the Employers in the Services Trade Group in the Republic of Sierra Leone all Educational Institutions such as Tertiary institutions, Secondary schools, Elementary schools, both private and public, (excluding the Teaching Professional Service),Trade Association, Legal Services, Religious Organisations, Welfare Institutions, Labour Organisation, Community and other Recreational Services, Personal Services Such as Laundry and Funeral Services, Security Services, Foreign and Diplomatic Missions, NGOs (both national and international), the Press and Media Houses (Print and Electronic) private and public, Audit Firms (hereafter called the Employers) on the other hand the Artisans Public Works and Services Employees Union, National Union of Forestry, Plantation and Agricultural Workers, Sierra Leone Union of Services and Allied Workers, Municipal and Local Government Employees Union, Provincial and General Workers Union and Skilled and Manual Productive Workers Union, Pensioners Security guards, cleaners and NGO workers union.
1) OBJECTIVES
a) To secure the most effective measure of Agreement and cooperation between the employers and the Unions in all matters referred to in the Collective Agreement with a view to increasing efficiency and productivity combined with wellbeing of those employed.
b) To vary or amend from time to time the "Collective Agreement" decisions or findings reached ty the Council.
2) MEMBERSHIP
a) The membership of the Council shall be 14 (fourteen) members consisting of 7 (seven) representatives of the employers and 7 (seven) representatives of the Union; who shall be elected/selected/appointed.
b) The Employers and the Union respectively may appoint alternate members from each of the 7 (seven) members whom they appoint. An alternate member may take the place of and act instead of the member for whom he/ she is appointed to being not more than 3 (three) observers to any meeting.
c) Each side shall have the right to withdraw any of its members from the Council on the grounds of absenteeism 3 (three) consecutive times, misrepresentation or activity bringing member institution and Council to disrepute. In such situation of disrepute, the member institution shall write to inform Council; a sanction would be placed on such council member; and shall fill such vacancies as may occur by appointing a new member, such changes will be notified in writing.
3) OFFICERS
The Chairman and Vice Chairman of the Council shall be elected among Council members at the first meeting of a negotiation cycle. Subsequently, these positions shall alternate between the Employers and the Unions. The Employers shall provide Secretarial services. An independent Chairman may he elected for the specific negotiations as provided for in Section 10 of the Regulations of Wages and Industrial Relations Act. No. 18 of 1971. The Executive shall be elected and hold office for the period of the negotiating process.
4) MEETINGS
Meetings of the Council shall be called at the request of either the Employers or the Unions and shall be held at different locations on rotational basis. 14 (Fourteen) days' Notice will be required for an ordinary meeting, and 3 (three) days' notice for an emergency meeting.
5) QUORUM
A Quorum shall consist of not less than 3 (three) representatives of the Employers and 3 (three) representatives of Unions.
6) RECORDING OF PROCEEDINGS OF MEEINGS
(a) Records of the meeting shall be prepared by the Secretary and shall not be circulated until jointly approved by both sides.
(b) Agreement reached between the Employer and the Unions in Council shall be in writing, signed by at least (3) accredited representatives of each side, and countersigned by the Chairman and Secretary. It shall thereafter be submitted to the Commissioner of Labour for publication in the Sierra Leone Gazette.
7) FAILURE TO AGREE
Should the Council fail to reach agreement on any matter as provided for in Section 12 of the Regulations of Wages and Industrial Relations Act No. 18 of 1971, the Council shall refer the dispute to the Minister of labor for settlement as provided for in Section 17 of the Act No. 18 of 1971
8) FINANCIAL ARRANGEMENT
This Council shall have a bank account with the Chairman, Deputy Chairman and Secretary as signatories to the account and the chair shall be the Principal signatory. Each member institution shall contribute the sum of One million Leones (Le 1,000,000.00) for Secretarial services, Refreshments at meetings and incidentals. This contribution is
one-off for every negotiation process. Financial report will be submitted to contributing Institutions.
9) AMMENDMENT OF CONSTITUTION
The Council shall have the power to amend or add to this Constitution and Rules as it may deem fit and in doing so either party shall give the other 2 (two) months' notice in writing of its intention and will provide details of all proposed amendments or additions. Negotiations on such amendments or additions shall be conducted by the Services Trade Group Negotiating Council. It is agreed that while negotiations are continuing this existing Constitution and Rules shall be in force.
SIGNATORIES TO THIS AGREEMENT
The Conditions of Employment and rates of pay set out in this agreement were agreed on by the Services Trade Group Negotiating Council in accordance with the provision of “The Regulations of Wages and Industrial Relations Act, No. 18 of 10th December 1971.
The Agreement is effective from 1st March, 2020
FOR AND ON BEHALF OF THE EMPLOYERS SIDE IN THE SERVICE TRADE GROUP.
- Chairman - Services Trade Group/Employers Side
- Registrar - Ernest Bai Koroma University
- Leader - Fourah Bay College
- College of Medcine
- Milton Margai College of Education & Technology
- AVSI Foundation
- Union of Railway Plantation Minerals Industry and Construction Employees
- Eastern Polytech
- Sierra Leone Agricultural Research Institute
FOR AND ON BEHALF OF TIIE EMPLOYEES/ WORKERS BELOW SUPERVISORY LEVEL SIDE IN THE SERVICE TRADE GROUP
- Leader - Astisans, Public Works and Services Empliyees Union
- Minidpal & Local Government Employees Union
- Union of Servies &Allied Workers
- National Union of Ferestry, Plantation & Africultural Workers
- Pensioners Security Guards Cleaners and GGO Workers
- Freetown Teachers College
- Artisian Union
- Institute of Public Administration and Management