RECOGNITION AND NEGOTIATION AGREEMENT BETWEEN MEMBERS OF UGANDA FLOWERS EXPORTERS ASSOCIATION (UFEA) AND UGANDA HORTICULTURAL, INDUSTRIAL, SERVICE PROVIDERS AND ALLIED WORKERS' UNION (UHISPAWU)

JULY 2017

1. Introduction

1.1 The purpose of this agreement is to establish arrangements for consultation and negotiation between members of Uganda Flowers Exporters Association (UFEA) who have signed recognition agreements with the Uganda Horticultural, Industrial, Service Providers and Allied Workers' Union.

2. General Principles

2.1 The spirit and intention of this agreement is to promote harmonious relation between members of UFEA who have signed recognition & procedural agreements and the Union in the development of effective joint consultative and negotiation machinery.

2.2. The agreement is not intended to detract from the recognition and procedural agreement(s) already signed between farms and the Union.

3. SCOPE OF THE AGREEMENT

This agreement is intended to regulate the recognition and negotiation procedures between the parties.

Wherefore the parties to this agreement freely and voluntarily agree to:-

i. Regulate the relationship between themselves in the interest of mutual understanding and cooperation.

ii. Ensure the speedy and impartial settlement of real or alleged disputes.

iii. Secure a more detailed appreciation by members of both parties for the reasons underlying decisions taken by the negotiation bodies.

iv. Negotiate Terms and conditions of service, Salaries and wages of employees of members of UFEA who have signed recognition agreements with Union.

4. Recognition of Parties to the agreement

4.1 The members of UFEA who have signed recognition and negotiation procedural agreements with the Union.

4.2 The Union shall be recognized as the negotiating body representing employees of flower farms who have signed recognition agreements with the Union in accordance with the Constitution of Uganda, 1995 and other enabling legislations.

4.3 Negotiations and discussions between the members of UFEA who have signed recognition agreements and the Union shall be conducted by duly authorized and mandated representatives of Union and the Companies.

4.5 The Union recognizes that it is the right and responsibility of members of UFEA to manage their companies.

4.6 The members of UFEA who have signed recognition agreements with the union recognizes that it is the right and responsibility of the Union to represent the interests of the workers.

5. Procedures

5.1 For efficient conduct of their affairs and in order to maintain good industrial relations, the companies and the union shall set up a JOINT NEGOTIATION COUNCIL (JNC) for purposes of consulting, discussing, negotiating and settling matters of mutual concern.

5.2 The JNC shall consist of fourteen members (14), each party being represented by seven members, the quorum of the JNC shall be realized after the Chairperson recognizes the presence of a mandated Union Spokesperson and a mandated Employers' Spokesperson together with at least three members from each party. However, other persons, not being members of the council, but not exceeding five (5) from either side, may attend as observers.

5.3 The JNC shall have a Secretary and Deputy secretary appointed amongst the Union and Employers' representatives but agreed upon by both parties. The JNC shall be the highest negotiating body between the two parties to this agreement.

5.4 The JNC shall have an independent Chairperson and Vice Chairperson as shall be agreed upon by both parties.

5.5 Functions of the JNC - The council shall act as a machinery through which the Companies shall negotiate with the Union, and shall in particular discuss and determine any questions affecting employees in matters relating to conditions of employment, Wages/Salaries and in other matters as shall from time to time be raised and agreed upon by both parties.

5.6 Meetings - The JNC shall meet at some time and place as shall be agreed by both parties. Requests for meetings may be initiated by either parties upon a written request and will be by mutual agreement.

5.7 Either party shall submit any matter for discussion by the council to the Secretary not less than 7 days before the intended date of the meeting. The Secretary shall then draw up an agenda of the meeting and circulate the same to all members of the council not less than 3 days before that meeting.

5.8 The Secretary shall prepare minutes of any meeting of the JNC and copies thereof shall be circulated to all members of the council in not more than seven days (7) from the date such a meeting was held. Signed copies of confirmed minutes of the meeting shall be sent to the Spokespersons of both parties.

5.9 The JNC shall have powers, unanimous agreement, to call upon any person within the companies to appear before it and give information concerning any matter under its consideration.

5.10 All representatives to the JNC or its sub-committee who are employed by the companies shall be regarded as being on duty for the period of the meeting of those bodies.

5.11 Consultations to other parties may be carried out by either party to this agreement either before or in the course of negotiations at the JNC, provided that such consultations shall not be an excuse by any of the parties to delay or frustrate the conclusion of the negotiations.

6. Procedure for Dealing with Unresolved issues

In the event of parties failing to obtain mutual agreement to the amendments/termination of this agreement, then either party may refer the dispute to the Minister in charge of Labour for normal action as provided in the Labour Disputes, Arbitration & Settlement Act No. 8 of 2006.

7. EFFECTIVE DATE AND MODIFICATION OF THIS AGREEMENT

7.1 This agreement will come in force on the day of 2017 and shall continue until amended. Any party wishing to amend, modify or terminate the agreement shall give (1) month written notice to the other party with details of proposed amendments or reasons for termination which shall be subject to negotiation by the Joint Negotiation Council.

7.2 The parties recognize their obligation under the Labour Disputes Arbitration and settlement Act No.8 of 2006.

7.3 Both parties to this agreement shall retain, respect and subscribe to the existing agreements between the Company and the Union until they are reviewed and signed.

IN WITNESS HEREOF the representative of the parties hereto have set their signatures and seals, This 5th day of JULY 2017 at ENTEBBE (place).

8. SIGNATORIES

We the undersigned agree on the provisions as stipulated above:

Signed for and on behalf of:

- GENERAL SECRETARY - UHISPAWU

- SPOKESPERSON - EMPLOYERS

- CHAIRPERSON - JNC

- EXECUTIVE DIRECTOR - UFEA

- SPOKESPERSON - UNION

Witnessed by:

- FEDERATION OF UGANDA EMPLOYERS (FUE)

RESOLUTION

THIS RESOLUTION IS MADE BETWEEN MEMBERS OF UGANDA FLOWER EXPORTERS ASSOCIATION LTD (UFEA) (HEREIN AFTER REFERRED TO AS “EMPLOYERS”) WHO ARE SIGNATORIES TO THE RECOGNITION AND PROCEDURAL AGREEMENT AND UGANDA HORTICULTURAL, INDUSTRIAL, SERVICE PROVIDERS AND ALLIED WORKERS UNION (UHISPAWU) ( HERE IN AFTER REFERRED TO AS THE “UNION”) FOR AND ON BEHALF OF WORKERS IN MATTERS OF WAGES AND SALARIES.

In the JNC meeting held on the 15th of August 2017 in matters of Salary negotiation 2017, it was resolved that;

1. The Employers and the Union through the Joint Negotiating Council (JNC) have agreed on a wages and salaries increment for Three (3) years for the period running from April 2017 to March 2020 .

2. FOR CUTTING FARMS

CUTTING FARM SIGNATORIES.

FOR ROSE FARMS

The Salary increment for Rose farms is still under negotiation and yet to be finalized. Current negotiation status relating to offer and counter offer are reflected in the minutes of 15th August 2017.

All JNC meetings running up to 31st of August shall focus on resolving the discrepancy in the Rose farm salary increase.

FOR ALL FARMS

The above agreed salary increment resolution for the cutting farms and the end outcome from the Roses Farms negotiations shall constitute the final Collective Bargaining Agreement on Salaries and wages April 2017- March 2020.

Signed for and on behalf of:

- GENERAL SECRETARY - UHISPAWU

- SPOKESPERSON - UNION

- EXECUTIVE DIRECTOR - UFEA

- SPOKESPERSON - EMPLOYERS

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12th December 2017

The Executive Director Uganda Flowers Association - KAMPALA

The General Secretary

Uganda Horticultural Industrial, Service Providers and Allied Workers Union - KAMPALA

NEGOTIATION FORSALARIES AND WAGES FOR ROSE FARMS

Reference is made to the meeting held in the Ministry on 4th December 2017 to discuss the salaries and wages for rose farms.

You will recall that after cordial discussions, the Uganda Flowers Exporters Association (UFEA) and Uganda Horticultural, Industrial, Service Providers and Allied Workers Union (UHISPAWU) agreed to annual increase of salary of 6.5% for emplyees of rose farms from 1st April 2017 to 30th March 2020. It was further agreed that there shall be no unilateral increments of wages by the employers.

The purpose of this letter is to formally communicate the agreed position on salaries and wages for rose farms for implementation.

By

DIRECTOR LABOUR, EMPLOYMENT OCCUPATIONAL SAFETY AND HEALTH/REGISTRAR OF LABOUR UNIONS