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Collective Bargaining Agreement (CBA) Concluded Between The Tea Association of Tanzania (TAT) And The Tanzania Plantation and Agricultural Workers Union (TPAWU)

PART A - RECOGNITION AGREEMENT

1. Preamble.

In matters of recognition and negotiating machinery; the parties to this Agreement, Tea Association of Tanzania (hereinafter called “TAT”) and the Tanzania Plantation and Agricultural Workers Union (hereinafter called TPAWU), meeting together in free and voluntary association to determine and thereafter, to regulate the relations between them in the interest of mutual understanding and co-operation, have agreed as follows:

1.0. DEFINITION/INTERPRETATION:

1.1. “Employer/Company” shall mean a member of the Tea Association of Tanzania.

1.2. Union” shall mean Tanzania Plantation and Agricultural Workers Union.

1.3. “Estate” means the whole tea estate, business or sections thereof.

1.4. “Grievance” shall mean any difference between estate and TPAWU or an estate and its workers arising out of contractual and statutory obligations between the parties affecting one or more workers.

1.5. “Household Effects” means household personal possessions but do not include foodstuff, building materials, livestock and vehicles.

1.6. “Standing Joint Council” means the Council established jointly by the parties under the provision of section 3 of this Agreement.

1.7. “Union Dues” shall include the monthly subscription, fees of TPAWU and any other subscriptions or levy as may be prescribed by the union’s constitution or prevailing law.

1.8.“TPAWU Field Branch” means a TPAWU Field Branch established under section 60(2) of the Employment and Labour Relations Act No. 6 of 2004.

1.9. “Agency Shop” means a union security arrangement in terms of which employees within the bargaining unit who are not members of the union but do benefit to Collective Bargaining Agreements conducted between the union and the employer be required to pay an agency fee to the union as service charge not with standing their non membership status.

1.10. ACT’ Means the Employment and Labour Relations Act No 6 of 2004 and all its amendments.

2. GENERAL PRINCIPLES

2.1 The employer and the union enter into this agreement to facilitate co¬operative labour relations and to give effect to the parties’ rights and obligations.

2.2 The Employer and the union agree that fair labour relations are essential for the effective functioning of the Organization and for the benefit of the parties to this agreement and all employees.

2.3 The parties agree that, whilst their interests may differ, they will use their best efforts through discussion, consultation and negotiation to resolve any differences or disputes which may occur. They agree to deal with each other in good faith in accordance with this agreement, in seeking mutually acceptable solutions to differences or disputes which occur.

2.4 The parties endorse the principle of freedom of association and recognize the right of employees to belong to the union of their choice. No action shall be taken by either party to interfere with these rights.

2.5 The employer recognises the right of the union to run its own affairs in accordance with its constitution, and to work for improved conditions of employment for its members. In doing so, the union shall comply with the terms of this agreement and any other agreement between the parties obligations imposed by law.

2.6 The union recognises the employer’s rights to manage its business. In doing so, the employer will comply with the provisions of this agreement and any other agreement between the parties obligations imposed by law.

2.7 The parties undertake not to discriminate on any ground or any other arbitrary ground such as union membership.

2.8 The parties recognise that it is their common objective to ensure the efficient running and growth of the organisation from which all parties shall benefit.

2.9 The employer’s management and the union leadership, including union representatives, undertake to encourage their constituencies to act in the following ways:-

2.9.1 to treat one another with respect and courtesy.

2.9.2 to act in ways which develop trust;

2.9.3 to be participative and proactive in responding to challenges;

2.9.4 to work as partners to develop outcomes which benefit all.

2.10 The union acknowledges its responsibilities to ensure that union members and officials understand and comply with all agreements between the union and the employer. The employer acknowledges its responsibilities to ensure that management also understands and complies with all these agreements.

2.11 For the purposes of this agreement -

2.11.1 “days” means all days excluding Sundays and statutory public

holidays.

2.11.2 Unless specifically provided otherwise, words shall be interpreted in terms of the Act.

3.1. Name and Establishment:

A National Joint Council is hereby established for the tea industry which shall be called “The Standing Joint Council” and which will meet normally in Dar- es-Salaam or elsewhere as may be agreed from time to time.

3.2 Functions:

The functions of the Standing Joint Council are:

3.2.1 To secure the maximum possible co-operation between management and employees for the development of the tea industry and for the improvement of the conditions and prosperity of all engaged in that industry.

3.2.2 To promote a proper understanding between management and employees in order to ensure efficiency, productivity and contentment.

3.2.3 To negotiate and determine terms of service and wages in the Industry.

3.2.4 To carry out other matters of mutual interest.

3.3. Membership:

The Standing Joint Council shall consist of one person from each company appointed by TAT (including the Chairman of TAT or his substitute), and 14 (fourteen) members appointed by TPAWU from member companies (including the General Secretary of TPAWU or his substitute), in this case Unilever will send three and EUTCO and Luponde each will send two. TPAWU will observe gender by selecting three female representatives from among the companies which are TAT members provided that, at any meeting it shall be permissible to substitute any one or more nominees by another member of TAT or TPAWU as may be required.

3.4 The Council may appoint such Committees, as it considers necessary from amongst its members. The Council may delegate special powers to any committee that it appoints. The reports of all committees shall be submitted to the Council for confirmation except where special powers have been delegated to a Committee.

3.5. Co-opted Members:

The Council by unanimous agreement shall have the power of appointing Committees or allowing Committees to co-opt such persons of special knowledge not being members of the Council as may serve the special purpose of the Council.

Meetings of the Council:

Meetings of the Council shall be held as necessary. They will be called as soon as practicable after the receipt of a written request from TAT or TPAWU.

3.7. Quorum:

The quorum shall be two thirds of members of the total on each side of the Council.

3.8. Rules of Procedure:

3.8.1 The Secretary of TAT or his substitute and the General Secretary of TPAWU or his substitute shall be responsible for drawing up the agenda for each meeting.

3.8.2 No representative of management or employee shall suffer a reduction in pay for loss of time arising out of attendance at a meeting of the Council.

3.9. Amendment of the Rules:

The rules of the Council may be amended by mutual agreement at a meeting of the Council.

4.0 RECOGNITION AND REPRESENTATION

4.1 This agreement shall cover all employees except those in senior management positions as defined by section 9(2) c of the Employment and Labour Relations ACT 2004 and as clarified further in section 9(6) b. of the ACT.

4.2 The employer recognizes the union as the exclusive bargaining agent of employees within the bargaining unit, provided that the union represents in excess of 50 percentum of employees within the bargaining unit.

4.3 The parties agree that the number of valid instructions to deduct union dues from employees” salaries which are being processed by the employer on the union’s behalf at any time, shall be the sole measure of the union’s representation for the purpose of this agreement.

5.0. TRADE UNION DUES

5.1 Trade Union dues shall be affected as prescribed in sect (s) 61 (1-3) of the Act.

5.2 The applicable rate of union dues shall be 2% of the member’s basic wage and should there be any alterations to the rate, a 30 days notice shall be issued to the employer as well as members for their consent.

6.0 ACCESS

6.1 Union officials shall, subject to any conditions regarding time and place that are reasonable and necessa^ to safeguard life or property or to prevent undue disruption of work, have access to the employer’s premises to

6.1.1 recruit members;

6.1.2 communicate with members;

6.1.3 meet members in dealings with the employer;

6.1.4 hold meetings of employers on the premises;

6.1.5 arrange voting in any ballot under the union constitution.

6.2 The Union shall obtain the consent of management in advance, to hold general meetings with employees at the employer’s premises. Union officials

must notify management in advance of their intention to visit the premises.

6.3 The employer agrees in principle to make reasonable facilities available to the union for the conduct of its business. The details of these arrangements shall be discussed between the parties, and any agreements shall be recorded in writing. A notice board shall be provided at the employee’s entrance to the employer’s premises, for the union’s use.

7.0 RECOGNITION OF THE TRADE UNION REPRESENTATIVES

7.1 The employer acknowledges the right of union representatives elected in terms of the union’s constitution and in accordance with subclause 4 (2) of this agreement, to represent the interests of union members by performing the functions provided under in Section 62(4) of the Act.

7.2 All union representatives shall act in a manner that attempts to promote the objectives of this agreement.

7.3 A union representative shall obtain the consent of a manager, in advance where duties as a union representative will take the representative away from normal work duties. This consent shall not be unreasonably withheld.

7.4 Subject to the provisions of this agreement, a union representative shall at all times comply with terms and conditions of employment, and shall be subject to the same standards of discipline and performance that are applicable to other employees.

8.0 ELECTION

8.1 Union representatives shall be elected to represent union members at the Employer’s premises in terms of the constituencies. The union constitution shall govern the nomination, election and term of office of the Union representatives, provided that Union representatives elected shall be employed within the bargaining unit.

8.2 Elections shall be held during working hours by a secret ballot on the Employer’s premises. The arrangements for conducting the elections shall be agreed between the union and management prior to elections.

8.3 Management may observe ballot proceedings but undertakes not to interfere in the election of union representatives. Elections may be conducted by a union official or any other union office bearer as defined in its constitution.

8.4 The number of women trade union representatives shall be broadly in accordance with the level of women representation within the bargaining unit.

8.5 Whenever a union representative vacates his position during a term of office, a by-election shall be held within 30 days. The union representative elected to take that person’s place will hold office for the unexpired term of

office.

9.0 RIGHTS

9.1 Union representatives shall have the right to represent union members during working hours in terms of this agreement, without loss of pay or fear of victimisation. Union representatives shall be entitled to reasonable paid time off to perform the functions specified in Section 62(4) of the Act.

9.2 Union representatives shall be entitled to hold a meeting with union members on the employer’s premises during working hours once in every quarter and that meeting shall not last longer than one hour. Union representatives shall be entitled to meet for one hour during working hours during the week preceding the meeting, to prepare.

9.3 The employer shall provide union representatives with the use of an office to perform their duties in terms of this agreement.

9.4 A union representative shall not be subjected to a disciplinary" hearing unless five days prior written notice has been given to the union.

10.0 LEAVE

10.1Each union representative shall be entitled to take paid leave for union business including training, conventions and conferences.

11.0 JOINT LABOUR RELATIONS TRAINING

11.1 The employer and the union agree in principle to joint labour relations training for managers and union representatives, and shall meet to discuss such training. They shall attempt to agree on the content of joint labour relations courses and the facilitators to be used.

12.0 DISCLOSURE OF INFORMATION

12.1 The employer shall disclose to the union all relevant information that will allow the union to engage effectively in consultation and/or negotiation and to perform its functions in terms of this agreement.

12.2 Any request for information by the union shall be made in writing.

12.3 The employer is not required to disclose information that -

12.3.1 is legally privileged;

12.3.2 the employer cannot disclose without contravening a prohibition imposed on it by any law or order of Court;

12.3.3 is confidential and, if disclosed, may cause substantial harm to an employee or to the employer, and

12.3.4 is private personal information relating to an employee, unless that employee consents in writing to the disclosure of that information.

13.0 NEGOTIATION AND CONSULTATION

13.1 There shall be regular meetings between union representatives and management at least once per three months to enable the parties to communicate, consult and negotiate on issues affecting employees as well as company matters.

13.2 Once every two years the parties agree to meet and negotiate terms and conditions of employment except that wages which shall be done on a yearly basis

13.3 The parties agree to commence wage negotiations at least two months before the normal annual wage review date.

13.4 The parties shall, at least 30 days before the date of the first negotiating meeting (unless agreed otherwise between them), provide written notifrcation to each other of issues they wish to raise, thereby enabling them to adequately prepare for the negotiations.

13.5 The parties shall use their best endeavours to reach a consensus during negotiations as quickly and as effectively as possible. If a consensus is not reached within a maximum of two meetings or thirty days of not meeting owing to other party’s refusal to attend, the party not in default may proceed as per clause 14 below, provided that the parties may agree to continue to meet without declaring a dispute notwithstanding two or more meetings having being held.

14.0 DISPUTE PROCEDURE

14.1 The Employer and Union shall negotiate in good faith and use their best endeavours to reach mutually acceptable solutions to all disputes which arise between them, and they shall consult each other when they anticipate that disputes may arise. They agree to use the procedure below in an attempt to settle dispute which arise through negotiations in terms of this clause.

14.2 Either party may declare a dispute in writing to the other party, setting out the nature of the dispute and a proposed settlement.

14.3 The party receiving a declaration of dispute in terms of subclause (2), shall within five days respond in writing, setting out its understanding of the nature of the dispute and its proposed settlement.

14.4 Within ten days of the declaration of the dispute or on a mutually agreed date, a meeting shall be held between the parties in an attempt to resolve the dispute. Further meetings may be held by mutual agreements between them and the parties shall use their best endeavours to resolve the dispute.

14.5 The parties recognise their commitment in terms of clause 13 to minimise the possibility of industrial action and undertake to consider referring

unresolved disputes to mediation, arbitration (whether of a binding or advisory

nature), or any other constructive method for resolving a dispute.

14.6 Notwithstanding anything else contained in this Agreement, either party may use the dispute procedures of the Act:-

14.6.1 if negotiations are deadlocked and both parties agree to use those procedures; or

14.6.2 since the dispute was declared, the parties have met on at least two occasions or 30 days have elapsed, and agreement still has not been reached; or

14.6.3 if the other party is in breach of its obligations in terms of this Agreement or in law.

14.7 The parties shall use their best endeavours to resolve dispute between themselves without having to resort to the Act. Even if the dispute machinery in the Act has been invoked, the parties may continue to meet in an attempt to resolve the dispute.

15.0 STRIKES AND LOCKOUTS

15.1 The employer and the union agree that they shall not cause, take part in or support any industrial action, without first exhausting the negotiation and dispute procedures in this agreement and thereafter having complied with the requirements of the Act. For the purposes of this agreement, “industrial action” means a strike or lockout as defined in the Act.

15.2 The union undertakes to take all reasonable steps to ensure that its officials and members do not breach the provisions of this agreement, and the employer similarly undertakes to take all reasonable steps to ensure that its management does not breach the provisions of this agreement. Both parties agree to take all reasonable steps to remedy any breach that may occur.

15.3 Either party shall be entitled to exercise its rights to deal with misconduct or criminal conduct or serious breaches of this agreement during industrial action.

15.4 Where the union engages in a strike in accordance with Part VII of the Act, it shall.

15.4.1 allow non-striking employees to continue working without unlawful interference.

15.4.2 allow the employer to continue with its ordinary business, including access to and exit from the employer’s premises by staff, customers, suppliers and any other third parties;

15.4.3 not, either on or of the employer’s premises, intimidate threaten or harass any non-striking employees or any non-striking employees or any other persons;

15.5 The union and/or its members shall, during industrial action, leave the employer’s premises immediately if requested to do so by the employer. The union and/or its members shall not unlawfully occupy the employer’s premises.

15.6 The parties agree that it is vital that contact be maintained between the employer and the union during any industrial action. For this purpose, the employer and the union shall, within 24 hours of any notification of industrial action having been given advise each other of the name and telephone contact details of their duly authorised representative(s) who will be contactable at all times during any industrial action.

15.7 Where union members participate in a strike in contravention of this agreement or The Employment and Labour Relations Act, 2004 then the following shall apply-

15.7.1the employer shall as soon as possible advise the union, and shall afford the union an opportunity to remedy the breach;

15.7.2 the employer may issue an ultimatum in clear and unambiguous terms, stating what is required of the employees concerned and what sanction will be imposed if they do not comply with the ultimatum. The employees should be allowed sufficient time to reflect on the ultimatum and respond to it.

15.8 Where repeated or intermittent industrial action occurs, or if circumstances are such that the employer cannot reasonably be expected to do so, the employer shall not be required to comply with the requirements set out in clause 15(7) above.

15.9 Where either party causes, participates in or supports industrial action which is unlawful or in breach of this agreement, the other party shall have the right to use any lawful means to protect its interest.

16.0 BREACH AND TERMINATION

16.1 This agreement shall come into operation effective on the date of signing

16.2 This agreement may be terminated as follows;

16.2.1 after the expiry of three calendar months of either party giving the other written notice of termination of the agreement; or

16.2.2 if the employer gives written notice to the Union that its representation may have fallen below 50 percentum of the bargaining unit, and the union fails to substantiate its membership as being in excess of 50 percentum within three calendar months, the employer shall be entitled to summarily terminate this agreement by way of a written notice to the union.

16.2.3 If a party (the defaulting party) fails to fulfil any of its obligations in terms of this agreement and subsequently fails to remedy the breach within 30 days of receiving written notice of the breach from the other party (the aggrieved party), the aggrieved party shall be entitled to refer a dispute to mediation by the Commission. If mediation is unsuccessful, either party may refer the dispute to the Labour Court.

17.0 ADDRESSES AND NOTICES

17.1 For the purposes of this Agreement, the giving of notices and the serving of legal processes, including requests for meetings the parties choose the physical localities at which documents may be served as indicated below:

EMPLOYER: Tea Association of Tanzania P.O. Box 2177 DAR ES SALAAM

UNION: Tanzania Plantation and Agricultural Workers Union

TPAWU OFFICE P.O. Box 77420, DAR ES SALAAM..

17.2 The parties may at any time change their stated address by notice in writing, provided that it includes a physical address at which documents may be served.

17.3 Any document served in connection with this Agreement shall be delivered by hand, sent by prepaid registered post, or sent by fax. If sent by registered post, it shall be deemed to have been received on the 7th day after posting.

18.0 GENERAL

18.1 No relaxation or indulgence which the employer or the union may grant to the other party shall constitute a waiver by the former of any of its rights under this agreement.

18.2 This agreement constitutes the entire agreement between the parties and no amendments shall be binding unless the amendment is reduced to writing and signed by both parties.

TAT /TPAWU AGENCY SHOP AGREEMENT

1. TPAWU and TAT has entered into this agreement to establish and implement an agency shop at companies/estates associated to TAT in pursuit to section 72 (2) of the Employment and Labour Relations Act No. 6 of 2004 and in accordance to the .guidance provided for under section 58 of the Rules (GN. No. 42 of 2007).

2. The parties undertakes to comply to the following requirements of the Act

so as the agreement to be fair and binding:

3. Any employee within the bargaining unit who is a non union member be obliged to pay to the union an agency shop fee equal to 2% of his/her basic salary.

4. Themodality of collecting agency shop fees from non union members shall be through deductions by the employer from the employees’ wage as is the case with union members and remit the same to the Union. The agency shop fee collected from non-union members shall be administered by the Union’s General Secretary.

WITNESSES:

Name:SignatureDate

1.

For and on behalf of Tea Association (TAT)

PART - B TERMS AND CONDITIONS OF EMPLOYMENT

1.Introduction:

This section deals with only those terms and conditions which are not more specifically covered by legislation or where the agreement provides better terms than the law.

SECTION I - BASIC TERMS

2.Minimum Wage:

The minimum wage for the workers in the tea industry shall be 112,008,/= per month effective from 1st July 2012.

3.Plucking:

3.1 The plucking rate during the flush and off-season should be set so that the attainment of a task rate to be 75% of diligent pluckers who will be paid 100% of task rate of the minimum daily rate within 8 hours. In the course of implementing this the employer shall involve TPAWU branch.

3.2 Employees who pluck by using mechanical harvesters will have separate plucking rate set by management by involving TPAWU branch.

4.Half monthly payment of Wages

Mid month advances will be paid fortnightly. How ever, mid month is not strictly every 15th day of the month so long as it is paid no longer than 18th day of the month and the employer is financially capable of doing so.

5.Incentive Schemes:

5.1 Individual estates may set incentive schemes intended to promote higher productivity depending on the amount of leaf available and tea market.

Such incentives when set should be transparent to TPAWU Field branch

5.2 Good and Exemplary Workers:

There shall be a system of selecting a good and exemplary worker every year and he/she shall be awarded a Certificate of Honour. The employer shall also give a present to each deserving winner in cash or in kind, the value of which shall be as per the following rates.

: At Estate /Factory level250,000/ =

: At District level250,000/=

: At regional level300,000/=

: At National level Management and TPAWU will determine.

Where the financial position allows, the employer may arrange an , educational tour of these exemplary workers to neighbourhood industries. And, where possible, a Board of Honour be established where names of exemplary workers would be posted.

5.3 Means of Transport.

If the job requires transport, then the employer shall be obliged to provide such transport to and from work.

6. Burial Expenses:

6.1 An employer shall contribute four months of an employee’s basic salary towards burial expenses on the death of an employee on a contract of unspecified period.

6.2 Should an employee on a contract of unspecified period die while at work, the employer shall repatriate members of his family duly registered under the contract Of the employment together with their household effects, to a place of domicile.

6.3 Upon death of an employee’s wife, child, father or mother of an employee who is on a contract of un specified period the employer shall give condolence.

6.4 Should an employee on a contract of un specified period die while at work, his /her dependants shall be paid in accordance with section 7 & 15 as if the employee was retiring . Such payment shall comply with inheritance law.

6.5 Employees should be encouraged to start Vilio funds’ so that in future the employers may chip in to assist.

6.6 The conditions regarding burial of an employee section 102 of the old employment ordinance cap 366 reads as follows: ‘Eveiy employer shall provide decent interment for any employee resident at a place of employment, and for any member of his family living with him dying during a period of employment, unless a relative or friend undertakes such duty” This section was not repealed and is still in use.

7. Retirement Gratuity:

An employee on a contract of un specified period who retires having reached retirement age or on medical grounds after serving his employer for not less than five complete years shall be paid gratuity at the rate of one month’s wage for each year of service.

8. Leave Travel Assistance:

Annual Leave Assistance shall be paid as specified below:

Yearly Leave: 60% of one month’s salary. Payable in each leave cycle. Housing:

Where an employer is unable to provide accommodation to his permanent employee, the employer shall be required to pay the employee a monthly rent allowance of Shs 20,000.

9. Medical Treatment:

Employees who are referred and subsequently receive medical treatment at a hospital not owned by the employer shall have their agreed expense

refunded by the employer, unless same expenses are covered by NSSF.

10.Compassionate leave

This will be 6 days paid leave within three years for:-

(i) the sickness or death of employee’s child;

(ii) or death of employee’s spouse, parent, grandparent, grand child or sibling.

11.Out of Station Allowance:

11.1An employee who travels on duty within the country shall be paid an allowance for each day spent outside his duty station at the rates specified hereunder:

: City - Shs 60,000.00

: Regional Headquarters - Shs 50,000.00

: District Headquarters - Shs 40,000.00

: Small Town/villages - Shs 30,000.00

11.2 An employee who is sent on duty outside his/her work station’ and returns same day will be paid meal allowance of Tshs 10,000/- The definition of work station’ will be defined by individual companies/estates depending on the local policies/practice because of the geographical spread of work places.

12. Retirement Age and Termination due to Retrenchment/Redundancy:

12.1 Retirement age will be 60 years for all employees with the option, for early retirement at 55 years. Employees wishing to take voluntary retirement between 55-60 years should give a minimum of three month’s notice. An employee should not loose terminal benefits due to voluntary retirement.

If the employer requires the services of a retired person then one can be employed on contract.

12.2 When an employee is terminated at any age due to retrenchment/redundancy will be paid severance allowance equivalent to one month’s salary for every year of service.

13.Seasonal Employment Contract:

TAT and TPAWU recognize that the economic well being of employers and their employees are dependent upon the maintenance of harmonious relations, understanding of farming problems which may occur from time to time and industrial peace. They therefore agree voluntarily that: -

13.1 Seasonal employees may be employed by TAT members from time to time to cover seasonal operations.

13.2 Those employed by TAT members as seasonal workers may be employed for a period not exceeding nine consecutive months.

13.3 Wages will be based on the daily rate, but will be paid at the end of the month.

13.4 For the purposes of complying with the law notice shall be required on either side on termination of employment of seasonal employees if they leave work or are terminated after working for not less than 6 months but not more than 9 months.

13.5 Seasonal employees will be entitled to paid leave and Severance Allowance where applicable.

14. Child Labour:

Tea Association of Tanzania (TAT) and the Tanzania Plantation and Agricultural Workers Union (TPAWU) agree that employment of children under the age of 15 years in any manner is not condoned.

15. Long Service Award:

In order to encourage employees remain with one employer any Tea Association of Tanzania (TAT) member may pay as follows:

Years Payment
10 200000
15 250000
20 300000
25 350000
30 400000
35 500000

16. Task work

When setting task work it should be set in such way that it is attainable within 8 hours.

17. OVERTIME:

17.1 Employees are expected to work a reasonable amount of overtime under the Law when required whether seasonal or on unspecified contract of employment. In recognition of the nature of the tea industry, employees may be required to work at any time including Public Holidays and Statutory Rest days. The employer shall inform all employees required to work on such days in advance. Employees required to work in those days shall be paid overtime as required by law. Any employee who refuses to report for work after the employer’s notice without reasonable cause shall be considered as having breached the disciplinary code on absence and action shall be taken against him/her.

17.2 When an employee works overtime on normal days he/she will be paid 1.5 hourly rate and on rest days/public holidays it shall 2 times hourly rate. This payment is in terms of Labour Relations ACT NO 6 2004 and not be given days or time ‘off

18. Program for HIV and AIDS.

As explained in the National policy for HIV and AIDS, employers in partnership with the Trade union at the work place will ensure that the National policy on HIV and AIDS is implemented in the following areas:-

18.1 To provide education and knowledge that HIV and AIDS is a National disaster which is calculated to erode the work force and AIDS has no cure or vaccine and that employees should change behavior.

18.2 That an employee infected with HIV and AIDS has the right to be employed and to continue to work until opportunistic infections make him un able to work.

18.3 That employee should be sensitized to voluntary counseling and testing and ensure that there is confidentiality on results so that there is no negative impact on their status in the workforce.

18.4 Employers should refrain from issuing work in high risky areas which may facilitate new infections.

18.5 Employers in partnership with Trade Union should ensure that protection gears for prevention are available at the workplace and proper systems to access them exist.

18.6 Employees who volunteer to disclose their sero status to the employer should be given every assistance to obtain RV’s and be facilitated to obtain nutritional supplements during .the period they are on medication.

18.7 To design any new program they think appropriate depending on financial ability so long as such program is inline with National Policy and ILO code of conduct on HIV and AIDS.

19. General:

Should the Government declare a new minimum wage order, which is better than what is stipulated in this Agreement, then the provisions of the government minimum wage order shall prevail.

SECTION II - SUNDRY PROVISIONS:

20.

Tea Association of Tanzania (TAT) and Tanzania Plantation and Agricultural Workers Union (TPAWU) agree that any communique announcing or interpreting any decision of the Standing Joint Council shall be drawn up and issued by TAT and TPAWU jointly, and that neither TAT nor TPAWU shall issue any such communique unilaterally.

21.

TAT and TPAWU further agree that any communique announcing or interpreting any decision or award will be made in accordance with the provisions of the Employment and Labour relations Act of 2004 and amendments thereof and shall take effect on the date on which it is specified in the award, after which both TAT and TPAWU shall be responsible for informing their members.

22.

TPAWU and TAT agree that they will take all possible steps to prevent or bring to an end as speedily as possible any action taken by any of their members which is at variance with the provisions and spirit of this Agreement and the provisions of any other negotiated agreement and the Laws of Tanzania.

23. RIGHT OF SEARCH:

Employers may employ askaris and watchmen who shall have the right to search any employee suspected of having the employer’s property unlawfully upon his person, provided that a female employee shall not be searched except by another female.

24. PROTECTIVE CLOTHING:

24.1 Such protective clothing as is deemed to be necessary may be issued to employees at the discretion of the employer. It shall be a condition of employment that any such clothing shall only be worn during working hours and shall remain the property of the employer.

The appropriate uniforms shall be issued by employer to the following categories of workers:

Employees working in factories.

Employees engaged in the fields and gardens. Employees engaged in handling chemicals. Security workers.

Artis an s /Technician s.

Drivers.

Laboratory workers.

Boiler attendants.

Messengers.

24.2 The employee shall be obliged to wear protection clothing provided by employer failure of which disciplinary action will be taken against offenders.

SECTION III - DURATION & AMMENDMENTS:

25.

The whole of this Agreement shall come into force and take effect as from 1st day of July 2012, and shall remain unaltered for a period of twenty-four months from such a date. Thereafter, it may be modified or altered by mutual agreement and consent in writing. The exception to this will be the minimum wage that shall be negotiated every year. Such negotiations will be done before July 2013. The remaining parts of this Agreement may stay in force even after the expiration of 24 months if either party raises no issue to the contrary. If either side intends to make any changes to any clause of this Agreement a notice of one month shall be given to the other party of such intention. Provided if the intended change is not acceptable by the other side after negotiations, such change shall be abandoned and the Agreement shall run to its expiry date un changed.

26. Conflict with Written Law:

Appendix A

TAT GRADED SUB STAFF SALARY STRUCTURE EFFECTIVE 1ST JULY 2012

Minimum Wage as 1st July 2012 Daily rate (Tsh )

Category A: Clerical staff 2012 Min| 2012 Max
Senior Clerks 1

Senior Clerks 2

Clerk 1

Clerk 2

Clerk 3

Messengers

199,915

152,225

140,700

138,205

133,885

129,170

314,415

209,600

176,860

165,850

160,480

* 141,480

Category B: Field/ Factories

2012 Min| 2012 Max
Tea Processor/ FTS

Supervisor 1

Supervisor 2

Supervisor 3

192,310

149,865

140,700

136,645

314,415

184,450

168,870

164,150

Category D: Security personnel

2012 Min| 2012 Max

Supervisor 1

Supervisor 2

Watchman

199,915

147,640

129,170

276,810

177,125

155,115

Category E: Artisans

2012 Min| 2012 Max

Senior Artisan/Foreman

Grade 1

Grade 2

Grade 3

Helper Artisan

160,480

149,870

140,700

136,645

112,008

262,010

209,600

183,410

170,310

134,415

Category F: Medical

2012 Min| 2012 Max

Lab Assistant 1

Lab Assistant 2

Disp Assistant

Senior Nurse Assistant

Junior Nurse Assistant

Med Attendant

Dhobi

227,955

192,310

169,135

169,135

153,800

140,050

112,008

366,810

238,300

235,810

235,810

229,255

167,955

134,415

Category G: Drivers

2012 Min| 2012 Max

Grade 1

Grade 2

Tractor Operator/driv.er

Tumboy

159,950

152,225

144,635

112,008

229,255

196,510

196,510

134,415

Category H: Domestic Workers

2012 Min| 2012 Max

Cook/Caretaker Grade 1

Cook/Caretaker Grade 2

Kitchen Assistant

Gardeners

Cleaners

141,480

129,170

112,008

112,008

112,008

169,650

155,115

134,415

134,415

134,415

Foot Note:

2. Salary scales have been simplified and are less descriptive.

3. Minimum and maximum levels have been introduced to facilitate perfomance related increases which can be given discretionary.

4. Management to use transparent increment criteria for all grades

5. For those who have reached efficiency bar or top of scale, management have discretion to decide depending on performance.

6. Substaff is an individual trusted and has skills in their area of expertise including the listed below.

Title

Category A:

Senior Clerks 1 Senior Clerks 2 Clerk 1 Clerk 2 Clerk 3 Messengers

Category B: Field/Factories

Tea Processor/FTS Supervisor 1 Supervisor 2 Supervisor 3

Category C: Matron 1 Matron 2

Category D: Security personnel

WatchmanRecognized formal training on Security Services

Category E: Artisans .

Senior Artisan/Foreman Grade 1

Category F: Medical Lab Assistant 1 Lab Assistant 2 Disp Assistant Senior Nurse Assistant Junior Nurse Assistant Med Attendant Dhobi

Category G: Drivers Grade 1 Grade 2

Category H: Domestic Workers Cook/Caretaker Grade 1 Cook/Caretaker Grade 2 Kitchen Assistant

The Tea Association of Tanzania (TAT) - 2012

Start date: → 2012-07-01
End date: → 2014-06-30
Ratified by: → Ministry
Ratified on: → 2012-07-01
Name industry: → Agriculture, forestry, fishing, Manufacturing
Name industry: → Other activities from manufacturing
Public/private sector: → In the private sector
Concluded by:
Names associations: → The Tea Association of Tanzania (TAT)
Names trade unions: → The Tanzanian Plantation and Agricultural Workers Union (TPAWU)

TRAINING

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

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave restricted to 1 % of basic wage
Job security after maternity leave: → Yes
Prohibition of discrimination related to maternity: → 
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: → 6 days

GENDER EQUALITY ISSUES

Equal pay for work of equal value: → No
Discrimination at work clauses: → No
Equal opportunities for promotion for women: → No
Equal opportunities for training and retraining for women: → No
Gender equality trade union officer at the workplace: → No
Clauses on sexual harassment at work: → Yes
Clauses on violence at work: → Yes
Special leave for workers subjected to domestic or intimate partner violence: → No
Support for women workers with disabilities: → No
Gender equality monitoring: → 

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: → 8.0
Rest period of at least one day per week agreed: → Yes
Provisions on flexible work arrangements: → 

WAGES

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

Extra payment for annual leave

Extra payment for annual leave: → 60.0 % of basic wage

Premium for overtime work

Premium for overtime work: → 150 % of basic wage

Premium for Sunday work

Premium for Sunday work: → 200 %

Allowance for seniority

Allowance for seniority: → TZS 200000.0 per month
Allowance for seniority after: → 10 years of service

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → 
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