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COLLECTIVE BARGAINING AGREEMENT BETWEEN TOURISM & PUBLIC RELATIONS SERVICES LTD (TPRS) AND CONSERVATION, HOTELS, DOMESTIC, SOCIAL SERVICES AND CONSULTANCY WORKERS UNION (CHODAWU) - 2014

Article 1: Introduction

This agreement is made between the Conservation, Hotels, Domestic, Social Services and consultancy Workers Union (CHODAWU) (herein to be referred to as the Union), representing all Employees in positions covered in this agreement and TOURISM & PUBLIC RELATIONS SERVICES LTD (TPRS) (herein to be referred to as Employer).

We confirm by our signatures, which will appear at the end of this Agreement that we have agreed on the following terms and conditions of employment and wages for all employees in positions covered in this agreement and TPRS (herein to be referred to as Employer)

Article 2: Recognition

a) The employer accepts to recognize CHODAWU as the exclusive bargaining agent of all employees in the bargaining unit, as long as it represents the majority of employees within the bargaining unit.

b) It is agreed by the parties that the bargaining unit comprise of all employees of TPRS working at Serengeti base excluding the senior employees.

c) CHODAWU on its side recognizes that TPRS as the owner of the entire business with the responsibility of employing, directing and leading the workers of TPRS and exclusively has the prerogative to manage the business as it deems fit and appropriate.

d) Parties agree that TPRS conducts a tourism business of flying hot air balloons within the licensed areas and for that matter it is  recognized and accepted as a tourist company belonging in a tourism sector.

That within this agreement both parties agree to abide with the following: -

Improve the Company’s service and operations

Improve the workers remuneration and welfare proportionately with the productivity and economic efficiency.

Improve the efficiency and increase labour productivity with a view to improving profitability

Foster peace and harmony between the employees and the employer Bargain at all times in good faith and in a manner that will promote business and the principle object of the Act.

It is recognized that the union shall have the right to meet and consult with its members at the work place and such right shall be exercised in the following manner.

• The union shall notify the management in writing 14 days before the date of the meeting stipulating the nature of the meeting, the expected participants, proposed dates and proposed venue for the meeting.

• After receiving such notice the management shall respond promptly to the union signifying its consent for the proposal or advising otherwise in respect of all or one aspect of the notice.

• In case management deem that the meeting cannot take place as proposed for whatever reasons then it shall communicate such concern to the union and parties may seek together alternative as to the agreeable date of the meeting for the union.

Article 3: Interpretation

That in this Agreement unless the context otherwise requires the following words and expression shall have the following meaning:-

(a) Government: Shall mean the Government of the United Republic of Tanzania to which the Union is established.

(b) Court: Shall mean the Labour Court of Tanzania as established by Labour Institutions Act No. 7 of 2004.

(c) Employer: Shall mean the Company Tourism & Public Relations Services Ltd (TPRS)

(d) Union: Shall mean Conservation, Hotels, Domestic, Social Services and Consultancy Workers Union (CHODAWU)

(e) General Manager: Shall mean the general manger of TPRS

(1) Managing Director: Shall mean the Managing Director of TPRS

(g) Management: Shall mean any Officer of the company duly authorized by the Managing Director or delegated by him to act on his behalf.

(h) General Secretary: Shall mean the General Secretary of the Conservation, Hotels, Domestic, Social Services and Consultancy Workers Union (CHODAWU)

(i) Union representative: Shall mean any Officer of the Union duly authorized by the General Secretary or delegated by him to act on his behalf.

(j) Union Field branch: Shall mean the field branch at a workplace or as defined by the Employment and Labour Relations Act No. 6 of 2004.

(k) Employee: Shall mean any person under the contract of employment with the employer.

(1) Union Member: Means any employee of the company who has taken membership of or joined the Union.

(m) Country: Means geographical area known as United Republic of Tanzania (Mainland) as defined by the prevailing constitution of the land.

(n) Spouse: Shall mean employees Wife or Husband as understood in the Law of Marriage Act Cap 29 R.E.2002. Notwithstanding that a male employee has more than one wife save that this position shall be applicable only for purposes of compassionate leave.

(o) Immediate Family: Shall have the meaning assigned to it under interpretation of Laws and General Clauses Act Cap no. 1 of the law (as amended from time to time).

(p) Written Laws: Has the meaning ascribed to it under interpretation of Laws and General Clauses Act, Cap 1 R.E. 2002.

(q] Place of Recruitment: Has the meaning ascribed to it under section 43(1) of the employment and Labour Relations Act No.7 R.E 2002 as amended from time to time.

(r) Basic Salary: Shall mean the payment with direct bearing to employment compensation and shall not include the term Allowance.

Article 4: Solving industrial disputes

a) The employer and the union shall negotiate in good faith and use their best endeavors to reach into mutually acceptable solutions to all disputes which may arise as between them, and they may consult each other when they anticipate that dispute may arise.

b) No dispute between the parties may be regarded as such unless it has been declared by the party alleging dispute to the other party in writing, setting out the nature of the dispute and a proposed settlement.

c) The party receiving a declaration of dispute in terms of clause 4(b) above shall within 7 days from the date of receipt of the document containing a declaration of dispute, respond in writing, setting out its understanding of the nature of the dispute and its proposed settlement

d) Within 7 days after the response has been made pursuant to clause 4© above, or on a mutually agreed date, parties shall meet in an attempt to resolve the dispute. Further meetings shall be convened by mutual agreements between the parties and they shall use their best endeavors to solve the dispute amicably.

e) Both parties recognize their commitments to minimize the possibility of industrial action and for that matter undertake that before invoking into industrial action, a dispute shall be amicably settled by and between the parties, in case the solution is not reached parties shall refer the matter to the Commission for Mediation and arbitration for mediation or for advisory opinion; or parties may opt to exhaust any other constructive method of resolving a dispute apart from invoking industrial action.

f) Without prejudice to the foregoing provisions, either party may invoke dispute mechanisms in the Act after exhausting the preceding clause 4(a)(b)(c)(d) and (e) above in the following scenarios;

I. If negotiations are deadlocked and both parties have agreed that the industrial action mechanism be resorted to;

II. Since the dispute was declared the parties have met on at least 7 occasions or sixty days have elapsed, and the agreement has not been reached yet;

Article 5: Matters of terms and Conditions of Employment.

1) Engagement.

a) The Company (Employer) shall carry out recruitment or employment from the Labour market, which will be done on merit regardless of race or place of origin or gender.

b) On engagement the employee shall be given two copies of a letter of appointment of which one copy shall be retained by the employee. 

The employee shall sign the original of this letter, which shall clearly indicate the job title and salary offered.

(The job description shall be provided to show responsibilities one is employed for).

2) Probation

a) On employment all employees engaged by the Employer shall be on probation in the first instance, the probationary period shall not exceed six months duration.

b) During this period either side may terminate employment by giving one month’s notice or one month’s pay in lieu of notice.

c) Where the performance of an employee under probation period is found unsatisfactory, the probation may be extended in writing, pointing out the shortcomings. Such extension shall not exceed further six months provided that the probation period elapses and there is no written extension the employee shall be deemed to have been confirmed and Extension time barred.

Article 6: Employee Communication

a) Communication to employees in respect of terms and condition of service, disciplinary matters and house rules shall be in written form and signed for by the employees as an acknowledgement of receipt.

b) The right to issue general communication through circulars is reserved to the Employer or his appointee by way of notice and regulation, which should be displayed conspicuously on staff notice board and the contents thereof, shall be taken to be sufficient.

c) Refusal of an employee to accept a letter communicated to him/her shall constitute an offence capable of dismissal.

d) Where the employee has absconded or deserted, communication will be made

through telephones, postal address, e mail, and a copy of such message to the Chairman of CHODAWU Branch Office for reference. If an employee does not report back to work within five days of such communication, he/she will be considered to have dismissed him /herself.

Article 7: Job Grades (See Appendix A)

Article 8: Minimum Wage

a) The minimum wage according to this agreement is as stipulated in the minimum wage order or basic salary which was mutually agreed prior to the signing of this agreement, unless the government declares a new minimum wage above this.

b) For purposes of negotiations of the wage increase, parties agree that they will be meeting each year on the month of April to discuss and negotiate in good faith on wage increase.

c) The union shall submit their proposals on wage increase to the employer not later than the 15th of February of that particular year, whereupon negotiations may commence from early March and get concluded by 1st day of April of that particular year unless otherwise agreed by the parties.

d) For all purposes, it is agreed that the major business of the employer is Tourism through flying of hot air balloons.

Article 9: COMPANY BONUS SCHEME

a) The company operates a bonus scheme which provides staff with an additional 350 TZS per full paying passenger flown each month.

b) The company bonus scheme is a measure of good work performance that may be revoked or removed at the discretion of management, after consultation with the Union.

Article 10: Staff Meals

That the employer shall provide reasonable duty meals to the employee at the Work place. This

benefit shall not be extended to any other person who is not an employee.

Article 11: Overtime

It is agreed that the employer shall pay for any extra time that an employee may be required to work above the normal working hours at the rate of one and a half time per hour of the time worked in excess of 45 hours.

Article 12: Public Holidays

Where an employee works extra hours in a public holiday/rest day which is not his/her rest day He/She shall be paid double.

Article 13: Termination of Employment.

a) After completion of probation period the employment shall be terminated by either party by giving written notice or pay in lieu of notice as per the labour laws.

b) The employer shall pay transport or provide transport to the employee who has been terminated taking such employee back to the place of recruitment.

Article 14: Suspension

The employer reserves the right to suspend an employee’s service on full basic pay for the following reasons:

(a) Pending a decision by the Commission for Mediation and Arbitration (CMA) and Labour Court involving such employee with the employer.

(b) Pending Criminal Proceedings

(c) Pending an investigation of alleged misconduct

(d) Suspension for gross misconduct which shall not exceed 14 days.

(e) Provided that Bonus shall not payable while employee is suspended.

Article 15: Redundancy

a) That where the employer intends to carry out redundancy, the employer shall write to the CHODAWU Field Branch Office with a copy of such letter/notice to CHODAWU district level and Regional level, setting out reasons for the redundancy and number of employees to be affected by the exercise. Notice of such exercise shall not be less than one calendar months. Where there is no Union Field Branch the management shall consult the respective Regional CHODAWU Authority.

b) That unnecessary redundancy is avoided as much as possible.

c) Selection criteria of those employees who shall be affected by the redundancy shall be discussed between the parties during consultative meetings.

d) That if redundancy is to be carried out, severance pay will be as per the Law.

e) That in event of a vacancy arising with the employer subsequent to redundancy, those employees who qualify for such positions and were affected by the redundancy shall be given priority in filling such vacancy however, regard will be given to their former posts and their prior performance.

f) Parties agree that in case of redundancy the employer and the union shall discuss on the terms of the retrenchment package in the event the retrenchment situation arise.

Article 16: Annual Leave.

a) All employees are entitled to 30 calendar days annual leave on completion of twelve (12) Month’s consecutive service. This annual leave is calculated at 2.5 days per month.

b) That the employer shall pay an annual leave allowance of Tshs. 120,000.00 per year.

c) The employer shall also pay an amount equivalent to bus fare go and return for those

employees who will be taking their off days but this benefit will be provided once in a year.

Article 17: Maternity Leave

a) That all female employees shall be entitled to ninety (90) days leave after every three years and 100 days maternity leave to the birth of more than one child.

b) It is understood by the parties that due to the nature of working environment at the bargaining unit, female employees may not bring with them infants and stay with them at the camp during the whole period of breast feeding the infants. For that matter parties have agreed that a female employee who will deliver may be accorded upon a written request, additional three months unpaid leave after the elapse of maternity leave, to enable her breast feed her child without losing her employment.

c) For those female employees who by the nature of their families are living around the camp (bargaining unit) with their families they will be entitled to two hours every working day for breast - feeding for three months after the maternity leave.

d) That a male employee shall be entitled to three days paternity leave to one legal spouse.

Article 18: Sick Leave

It is agreed that employees shall be entitled to sick leave as recommended by the company’s approved Doctor in each 36 months Leave Cycle as follows:

(a) When an employee takes sick leave “leave arising out of illness or injury” of the first three months (60 days) he/she will receive full pay.

(b) If he/she continues to be sick he/she will be entitled half the wages for up to three months (60 days).

(c) If the employee continues to become sick then the employer shall terminate the services of such an employee on medical grounds on opinion of the authorized medical practitioner.

Article 19: Compassionate Leave

a) That if an employee requests compassionate leave to attend to the needs of an immediate family member who is seriously ill or has died he/she shall be granted 5 (five) days paid compassionate leave in a Leave Cycle (36 months).

Article 20: Medical Treatment

b) That the employer shall provide free medical treatment to every Employee at a Dispensary or Hospital designated by the employer.

c) That in case an employee is in an emergency situation hence attends a recognized Hospital other than one designated by the Employer then all expenses shall be reimbursed but only on presenting valid receipts. Emergency case under this provision shall be valid only if the said emergency has been communicated to and approved by the management in the following chain of command:

I. All emergencies shall be communicated to and be approved by the operations manager.

II. In case for any reason the operations manager is not in a position to receive communication and approve the emergency case claimed or alleged, then the employee concerned shall communicate to the general manager and seek such approval.

III. In case for whatever reasons both the operations manager and the general manger are unreachable or cannot grant the approval sought then the employeeconcernedshall communicate the emergency to the Managing director of the company for approval.

d) In the event of an employee being referred by the authorized Medical Practitioner or Work place Clinical Officer he / she will be entitled to the payments of two night allowances as follows

At the rate of Tshs. 50,000.00, Transport fare at current public transport charges or the company may provide accommodation on full board basis at a designated center.

e) That if so advised by the doctor that the employee’s time for treatment has been extended the maximum payment for night allowances shall not exceed five days (5). All imprests must be accounted for with proper receipts on return. Any money unaccounted for or non-genuine claims shall be recovered from the employee’s salary.

f) That in case of purchase of medicines the employee shall produce a proper Legal receipt for the purchases of such medicine as prescribed by the Company designed or referral doctor.

g) That the company’s medical scheme shall not cover the following items:

(a) Article Dentures

(b) Luxury ornamental framed spectacles.

(c) Venereal Disease

(d) Maternity cases other than caesarian

(e) Abortion

(f) Alcoholism and injuries sustained while under the influence of drugs

(g) Self inflicted injuries

(h) Injuries sustained when participating in dangerous sports.

(i) The union promises to cause its members register with the NSSF medical scheme, provided that such registration or enrollment shall not relieve the employer of its obligations under this agreement to provide medical benefit.

Article 21: Death of an Employee

a) If death occurs of an employee, the Company shall provide a coffin, shroud, and transport for the body to the place of burial.

b) Two employees shall accompany the body to the place of burial.Such staff shall be provided with night allowance with the following breakdown:-

•Cities at the rate of Tshs. 70,000.00

•Regional Headquarters at the rate of Tshs. 60,000.00

•Districts Headquarters, at the rate of Tshs. 50,000.00

c) The employer shall also provide an amount of money not exceeding Tshs 500,000/= to the bereaved family of the employee as condolescence for the death of an employee of TPRS.

Article 22: Uniforms

a) That the employer shall provide uniforms to all uniformed employees according to the nature of their work.

b) The employee undertakes to look after his /her uniform, in case of loss or carelessly damage the employee will meet the cost of replacement.

Article 23: Certificate of Service

That where the employer terminates an employee’s service he/she shall be issued with a certificate of service unless the employee has not completed his/her probationary period, the certificate shall contain the following:

(a) The name of the employee

(b) The date when employment commenced

(c) The date when employment ceased

(d) The nature and usual place of employment

Article 24: Transport

That, the employer will provide transport to Work place staff where accommodation is not provided within the work place of accommodation/work in safety after day/night work and in the morning for the start of work.

Article 25: Uniform

That the employer shall provide accommodation for all the employees at the Work place/Camp.

Article 26: Night Out

The company shall provide accommodation and meals or at the employer’s sole discretion a subsistence allowance at the rate similar to the one provided under paragraph 21 in lieu of accommodation and meals, to staff who will be required to travel out of their work stations on official duties.

Article 27: Retirement.

a) That an employee, who has attained the age of 60 years, shall retire.

Provided that in exceptional circumstances the employer on its exclusive discreation may, after evaluation and assessment of the employee’s health and ability to perform the work, offer a retired employee to continue working with the company at an agreed period of time, under similar or different terms of engagement.

b) That, at the age of 55 years the employer may request the employee to retire or the employee may opt to retire.

c) That a retiring employee as defined in clauses (a) and (b) above shall be entitled to be paid retirement gratuity as follows: -

I. An employee with up to ten years’ service, ten (10) days salary for every completed years of service.

II. An employee with above ten years, twenty (20) days salary for every completed year of service.

Parties agree that the calculation of the number of years an employee worked for the employer for purposes of this clause, and the modality of payments shall be effected in the following manner: -

• Calculation of number of years an 

employee has worked with the employer shall commence from the first date the employee started to work with the employer whether on daily or unspecified term contract of employment.

• The modality of payment of the

amounts stipulated in sub clauses (c) (I) and (II) above shall be in two categories as follows.

• For those employees who were

employed on daily contracts, their calculations shall use the old formula of 30 days times the number of years the employee worked up to the date of signing the unspecified period of time contracts of which the whole period worked from the date of signing the unspecified period of time contracts of employment till the date of retirement, the applicable formula shall be as specified in clauses (I) and (II) above,

• For those employees who were

employed and signed the unspecified period of time contracts as their first time employment experience with the employer, their applicable formula shall be the one provided for under clause C (I) and (II) herein above.

III. An employee may be retired on medical grounds prior to attaining the age of 60 years. In this case a certificate from a medical practitioner must be produce for such grounds to be valid.

IV. A retiring employee shall be provided with transport for his belongings back to the place of recruitment.

Article 28: General Wage Increase.

a) The management will every year assess Company’s performance and after appraising the staff, determine the company’s ability to review the staff salaries.

Article 29: Staff Training/Skill Development

The company undertakes to train and develop its employees to equip and or improve them in their day to day activities for efficiency, subject to the availability of funds for the company to do so.

Article 30: Job Appropriation and Succession

The policy will be in accordance with existing legislation.

Article 31: Staff Welfare

Long service awards: as the company recognizes servicing of its employees from 5 years by presenting a suitably inscribed certificate and cash award as a token of the company’s appreciation and esteem for the service rendered by the employee as follows:-

5 Years: Tshs 150,000

Tshs. 10 Years: Tshs 300,000

Tshs. 15 Years: Tshs 500,000

Tshs. 20 Years: Tshs 750,000

May Day Best workers Award:

The employer shall recognize the May Day Celebrations and provide suitable awards to best workers as follows:-

• First Tshs. 300,000.00

• Second Tshs. 200,000.00

• Third Tshs. 150,000.00

Article 32:

The TPRS CHODAWU branch Committee shall meet after every quarter of the year to discuss matters of the staff and the company. The second and fourth meeting will be done jointly with TPRS.

Article 33: Validity period and amendment of Agreement

b) Both parties agree that this agreement will come into effect on 1st October 2014 and shall remain operational for a period of two (2) years (twenty four months from the above date), and shall expire upon the elapse of 24 months from date of signing of same or in the event the union loses representation of majority staff.

c) Both parties agree that this agreement may be reviewed on request from either party and upon being agreed by the other party. The request shall detail the reasons prompting review of this agreement.

d) Should either party wish to amend any clause covered in this agreement other than where amendment is for purposes of conformity with any enacted Employment Law, they shall give one month’s notice of the intention to amend the whole or any part of this agreement.

e) The amendment shall not become operational upon agreement ' by both parties with no retrospective effect. Provided that where no agreement is reached the clause or part of the agreement intended for amendment shall remain operational until both parties mutually reach an agreement.

f) This agreement will be subject to review should any clause contravene the Labour Institutions Act No. 6 of 2004 and Employment and Labour Relations Act No. 7 of 2004.

IN WITNSESS THEREOF PARTIES HAVE EXECUTED THIS AGREEMENT IN THE PRESENCE OF THEIR WITNESSES AS HEREUNDER BELOW APPEARING.

TOURISM AND PUBLIC RELATIONS SERVICES LIMITED

Regional Secretary

3. Mr

Chairman TOURISM & PUBLIC RELATIONS SERVICES LTD CHODAWU

4. Mr

Secretary TOURISM & PUBLIC RELATIONS SERVICES LIMITED CHODAWU Committee

Conservation, Hotels, Domestic, Social Services and Consultancy

Collective Bargaining Agreement between Tourism & Public Relations Services Ltd (TPRS) and Conservation, Hotels, Domestic, Social Services And Consultancy Workers Union (CHODAWU) - 2014 - 2014

Start date: → 2014-10-01
End date: → 2016-09-30
Ratified by: → Ministry
Ratified on: → 2014-10-01
Name industry: → Hospitality, catering, tourism
Public/private sector: → In the private sector
Concluded by:
Names trade unions: → Conservation, Hotel, Domestic and Allied Workers’ Union (CHODAWU)

TRAINING

Training programmes: → Yes
Apprenticeships: → No
Employer contributes to training fund for employees: → No

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 50 %
Maximum days for paid sickness leave: → 120 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → 
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 13 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → Yes
Prohibition of discrimination related to maternity: → No
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → 
Workplace risk assessment on the safety and health of pregnant or nursing women: → 
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → 
Time off for prenatal medical examinations: → 
Prohibition of screening for pregnancy before regularising non-standard workers: → 
Prohibition of screening for pregnancy before promotion: → 
Facilities for nursing mothers: → Yes
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: → 5 days
Paternity paid leave: → 3 days

EMPLOYMENT CONTRACTS

Trial period duration: → 180 days
Part-time workers excluded from any provision: → 
Provisions about temporary workers: → 
Apprentices excluded from any provision: → 
Minijobs/student jobs excluded from any provision: → 

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per week: → 45.0
Paid annual leave: → 30.0 days
Paid annual leave: → 4.0 weeks
Paid bank holidays: → Christmas Day (25th December), Easter Monday, Eid-el-Fitr, Army Day / Feast of the Sacred Heart/ St. Peter & Paul’s Day (30th June), Islamic New Year / Hejira New Year (first day of Moharram), Pentecost Monday / Whit Monday / Monday of the Holy Spirit (day after Pentecost / seventh Monday after Easter)
Rest period of at least one day per week agreed: → No
Provisions on flexible work arrangements: → 

WAGES

Wages determined by means of pay scales: → No
Adjustment for rising costs of living: → 

Wage increase

Once only extra payment

Once only extra payment: → TZS 4200.0 %
Once only extra payment due to company performance: → Yes

Premium for evening or night work

Premium for night work only: → Yes

Extra payment for annual leave

Extra payment for annual leave: → TZS 120000.0

Premium for overtime work

Premium for overtime work: → 150 % of basic wage

Allowance for commuting work

Allowance for seniority

Allowance for seniority: → TZS 150000.0 per month
Allowance for seniority after: → 5 years of service

Meal vouchers

Meal vouchers provided: → Yes
Meal allowances provided: → No
Free legal assistance: → 
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