THE REPUBLIC OF UGANDA
IN THE MATTER OF THE LABOUR UNIONS’ ACT 2006 AND IN THE MATTER OF
TERMS AND CONDITIONS OF SERVICE AGREEMENT BETWEEN NATIONAL UNION OF CLERICAL, COMMERCIAL, PROFESSIONAL AND TECHNICAL EMPLOYEES ON THE OTHER PART AND UGANDA NATIONAL CULTURAL CENTRE - 2015
(Referred to
as the CENTER) ON THE OTHER PART
MADE THIS 25th DAY OF 2015
1. COMMITMENT
(a) In concluding this Agreement, both parties agree to be always guided by the following commitments:-
(i) Attaining the improved workers’ working conditions and environment;
(ii) Attaining a continuous improvement in workers earnings and generally to safeguard the economic and social objectives of the workers;
(iii) Safeguard the interests of the Centre, particularly improvement of productivities.
(b) In the event of a difference in interpretation of any part of this Agreement, such matter shall be referred within the meaning of the Trade Disputes (Arbitration and Settlement) Act, in force and in accordance with any similar legislation which may ensure.
(c)All disputes shall be dealt with strictly in accordance with the machinery laid-down within the current Recognition Agreement between the Centre and the Union.
2. SUBJECT MATTER
This Agreement shall apply to only contributing members employed by Uganda National Cultural Centre and are not in Management decision making.
3. PROBATION
(a) There shall be a probationary period of service for all employees not exceeding six months. During the probationary service, the following termination conditions shall apply:-
(i) Up to one month’s service, 3 working days’ notice,
(ii) Between one and two months service, 7 working days’ notice.
(iii) Between two months and three months service fifteen (15) working days’ notice or payment in lieu.
(b) The probationary service of any employee may be extended by the Centre for a further period of one month and the Union will be informed.
(c) After the said period, an employee shall be confirmed or deemed confirmed unless told in writing that his/her performance has not been satisfactory before the end of the said period.
4. TERMINATION NOTICE
Where the services of an employee are Terminated by either employer or self (employee) for any reason other than disciplinary action the period of notice detailed here under shall be given by the employer. Where the employee wishes to resign from the employers’ services the same period of notice shall apply.
In either case, consolidated salary shall be paid/refunded in lieu of notice;
| - Up to 2 years of service | 1 month’s notice |
| - From 2 years to 5 years of service | 1 month’s notice |
| - From 5 years to 10 years of service | 3 months’ notice |
| - From 10 years of service and above | 4 months’ notice |
5. HOURS OF WORK
The weekly hours of work for all employees covered by this Agreement shall be forty (40) hours and the daily scheduled hours of work shall be as follows;
Watchmen shall be rostered and have their starting and closing time staggered as according to the needs of the centre.
Saturdays, Sundays and gazetted Public holidays are to be regarded as rest days although these may be varied from time to time according to relevant Government announcements.
6. OVERTIME
(a) Payment for overtime worked in excess of hours detailed in Clause No. 4 shall be in the following scale:-
- Monday to Friday times 1.5 per hour
- Saturdays, Sundays and Public Holidays times 2.5 hour.
(b) Overtime payments shall only apply where an employee has worked at least fifteen minutes extra and such overtime working shall, in all cases, be firstly approved by the immediate superior of the employee concerned. Overtime so worked shall, for the purpose of calculation, be reckoned from the normal cessation of work.
(c) Recognising that overtime work is voluntary any employee having agreed to work over time shall be obliged to honour his/her undertaking so to do, except in circumstances beyond his/her control.
7. ANNUAL LEAVE
(a) An employee shall be entitled to Annual Leave in the scale of thirty (30) calendar days per annum excluding public holidays.
(b) The leave year commences on one’s anniversary date of joining the Centre’s services for the first year, subsequently Annual Leave shall, be based on a calendar year from January - December.
(c) Salaries/wages and any allowances due to the employee for the annual leave period will be to the worker ona day prior to the commencement of such leave. Annual leave will be paid for at current basis rates.
(d) Days of sickness as detailed in clause No. 7 herein of this Agreement shall not be accounted as days of leave, provided always that the employee shall present to the Centre a duly certified medical certificate in respect of each day of sickness.
(e) The centre will be prepared to consider any financial loss which an employee may sustain, if through no reason of his own, departure on leave has been delayed or cancelled by the Centre. In any case of such claim, the employee where possible will be required to furnish receipts and/or evidence of an acceptable nature in support of such claim.
(f) If an employee’s part leave has been withheld by the Centre, he/she will be entitled to the benefits therein when the remaining part is granted.
(g) The centre undertakes to bear traveling expenses in a manner previously specified to any employee who may be recalled to duty whilst on authorized leave.
(h) If Leave is not taken during the year in which it is earned, it shall be forfeited unless the employee could not take it at the request of the UNCC and in such case, it maybe computed into cash or taken at a later date convenient to the UNCC.
8. SICK LEAVE
(a) Leave on account of sickness will be granted as follows:-
(i) The first three months as full consolidated pay per month; subsequently another months will be at half pay.
(b) All claims for sick pay shall be supported by a Registered Doctor's Certificate
(c) The centre reserves the right to request any employee to undergo a Medical Examination by a Doctor of its choice and its expense.
(d) An employee is entitled to resume work within 180 days of the commencement if his/her sick leave and thereafter, it will be at the discretion of the UNCC to terminate the services.
(e) It is agreed that an employee on sick leave will continue to enjoy his rights in respect of service seniority and continuity of service for annual leave purpose.
9. MEDICAL ALLOWANCE
(a)The Centre shall provide free Medical Treatment to all employees covered by this Agreement.
(b)The payment /refund arrangement shall be against production of Medical bills, receipts chits or evidence of acceptable nature.
(c)The total medical allowance will go up to a tune of 1,200,000/= per a whole year.
10. LEAVE FOR UNION BUSINESS/EDUCATION
(a) It is agreed that leave to attend Union Business / Education shall be applicable to Union members only and shall not exceed one month in any one year on full pay.
(b) Union shall give to the centre two weeks notice of any intended absence to attend such Union affairs, or shorter period if such shall be mutually agreed.
11. COMPASSIONATE LEAVE
The Centre will sympathetically consider special leave on compassionate grounds provided satisfactory reasons of necessity for such leave are made available to the Centre. Such leave when granted shall be on full pay or deductible from annual leave.
12. MATERNITY LEAVE
(a) Female employees will be entitled to 60 working days of Maternity Leave on full pay.
(b) Any days when an employee is sick during pregnancy according to Medical Certificate will be deductible from sick Leave.
(c) Maternity leave shall not commence prior to six weeks before expected confinement date, and on the date requested by the employee, except in case of a Doctor’s recommendation. The balance of such maternity leave due shall be utilized after delivery.
(d) Paternity Leave:- Fathers will be entitled to four (4) working days’ leave once a year when they have a new born baby to his recognized wife.
13. PUBLIC HOLIDAYS
(a) Public Holidays promulgated by Law, or appearing from time to time in the Government Gazette shall be recognized.
(b) The Centre undertakes to consider any application for religious holidays, or other specific festival holidays. The question for payment of wages for holidays shall be also considered by the centre when granting such a holiday.
14. ACTING ALLOWANCE
(a) An employee required to act in the higher grade over and above that which is substantive to him/her for a period in excess to two weeks, shall be entitled to receive 50% salary/wages in the amount applicable to the grade in which is acting.
(b) Such "Acting Allowance" shall for the purpose of payment, always be specified quite clearly on wages sheet by way indicating in a separate column.
15. OUT OF STATION ALLOWANCE
An employee when away from his/her station within Uganda shall receive not less than shs. 20,000/= (Twenty Thousand Shilling Only) as out of station pocket allowance but in addition to provision of the following provided by the centre:-
(a) Accommodation
(b) Transport
(c) Meals
16. DUTY ALLOWANCE
An employee called upon to perform duties of another person in addition to his/her normal duties or where such employee performs duties that could normally have been performed by another employee, such employee shall be entitled to receive 50% of the daily wages whose duties are performed in addition to his/her normal wages.
17. UNIFORM
The Centre shall provide two pairs of Uniforms to Drivers, Messengers, Watchmen and wherever necessary and shall provide soap for cleaning such uniforms.
18. DEATH
(a) If an employee of the UNCC dies, a gratuity equivalent to 2 months consolidated salary for every year of service, regardless of the length of service, shall be paid to the deceased’s family. The employer shall provide a coffin or substitute in case of a Muslim employee, burial materials, and transport for the body and immediate family. The employer shall also pay an official benevolence of two and half months consolidated salary of the deceased to the deceased’s family.
(b) In case of an employee loses a member of immediate family namely a spouse, biological child, father/mother, the employer shall provide a coffin, transport for the body to place of burial and an official benevolence of one month’s consolidated pay to the deceased’s employee.
(c) In the event of an employee’s death who has been serving away from his/her home within Uganda, free transport for the deceased’s family and personal effects back to their home of origin shall be provided by the employer.
19. PROMOTION
Where vacancies of a promotional nature arise the Employer agrees to give first consideration to existing employees, taking into account such factors as relative ability, experience and qualification.
20. JOB VACANCIES
(a) Notice of job vacancy in any wage grade within the Centre will be posted on the Centre’s Notice Board where such shall be displayed for at least five working days, thus providing the opportunity for any employee so interested to submit his or her application for due consideration.
(b)It is recognized that the Centre reserves the sole right to appoint from existing staff, or to recruit through established channels.
21. ABSENTEEISM
Any worker who abandons or absents him/herself from work without reasons, shall be deemed to be absent within the meaning of this Clause.
Causes as indicated below: -
1. Serious illness of employee’s immediate family; wife/husband or children, provided the employee submits a medical certificate signed by a registered medical practitioner or evidence acceptable to the Centre.
2. Accident/injury/illness - sustained by employee, provided a Medical Certificate is signed by a Registered Practitioner or evidence acceptable to the Centre.
3. Court Proceedings
Provided Magistrate’s warrant or Police Certificate is presented to employer.
22. WARNINGS
(a) If an employee is deemed to be guilty of committing an offence, not amounting to “Gross Misconduct” then he/she shall be served with a written warning.
(b) The Union shop-steward shall receive a copy of all warnings given; whilst a copy of the third warning notice shall be sent by Centre to the Union Head Office.
(c) IF an employee is served with three warnings as described in (a) above within a period of one calendar year, then the employee shall be subject to having his services terminated on the service of the fourth notice.
(d) Warning (s) shall be kept but not to count on an employee’s record upon the expiry of one calendar year.
(e) Warning(s) served prior to this commencement of this Agreement for the purpose of implementing paragraphs (e) and (d) of this Clause shall not be counted.
23. SUSPENSION
An employee when suspended from duty pending investigations shall be entitled to half of his/her consolidated pay. When after investigation, the matter leading to suspension has been proved unjustifiable, the employee concerned, shall resume his/her duties and the Centre shall pay the other
half. The period of suspension shall not exceed 21 days.
24. TERMINATION OF SERVICE
(a) An employee’s service may be terminated for: -
(i) Reasons defined as “Gross Misconduct”.
(ii) Conviction of a criminal offence which has a bearing on an employee’s suitability for continued service.
(iii) Willfully, by willful breach of duty causing loss or damage tothe employer’s property or by such willful breach of duty, causing loss, damage or exposing to serious risk to the lives of other employees.
iv) Without just cause, and on his own accord, abandons or is absent from
work for a period of 07 consecutive working days.
(b) Where an employee is dismissed under this heading, the employee shall be paid up to and including the date of such dismissal.
(c) Where it has been proved that the dismissal of any employee was wrongfully and unjustifiably effected, then the employee shall be reinstated without loss of pay; benefits and seniority rights. However, in the event, the dismissal is proved justifiable; the employee shall lose his/her employment.
25. RETIREMENT BENEFITS
(a) Retirement shall be considered under the followings;
(i) Compulsory retirementafter an employee has attained 60 years of age. Thereafter, the employee may be engaged on contractual basis.
(ii) Compulsory Retirement in the public interest be it either forced or premature retirement.
(iii) Retirement on medical grounds
(b) Upon retirement on any of the above, employees shall be entitled to the following benefits: -
(i) Three months’ written advance Notice or consolidated salary and related allowance in lieu of Notice.
(ii) Annual Leave pro-rated up to the date of retirement.
(iii) Salary and due allowances up to the date of retirement.
(iv) Three months consolidated pay to facilitate in transportation of the employee, his/her family and properly to place of origin.
(v) Three months consolidated pay for each completed year of service.
II. Termination /Resignation Benefits
An employee whose services are terminated by either the employer or self (resignation) after continuous service of five (05) years, except for gross misconduct, shall be entitled to benefits as stipulated under clause 26 above part (b) (ii), (iii) and (iv).
(c) Re-engagement
An offer of re-engagement to any employee declared redundant will be made by the Centre in the event of a suitable vacancy arising in a year’s time thereafter. The onus of providing a forwarding address to the Centre rests with the employee and if a reply to the Centre’s offer is not received within fifteen days of the Centre’s communication, the vacancy shall be filled through normal sources.
(d) Top Seniority
Shop-stewards during the period in which the are actively serving as Shop-stewards will automatically assume top-seniority, in which case, if any redundancy/lay-off occurs no shop-stewards, in spite of the actual period c time has worked with the Centre, shall be laid off until every employee he/she represents in the Centre has been declared redundant except where the Shop-steward’s job is no longer required.
26. LAY OFF
(a) “Where of necessity the Employer is obliged to lay-off employees, the principles of Last-in-first-out” is accepted within the particular category of workers affected subject of other factors such as relative skill and ability being equal. As much notice as possible will be given to the Union and the Employee(s) concerned by the Centre, indicating the cause and extent of any intended “Lay-off.”
(b) The period of Lay-off shall not normally exceed one month, however, should circumstances prevail where by a return to normal work cannot be affected within that time, then the Centre shall, depending on circumstance prevailing be at liberty to invoke provisions of the redundancy clause”.
27. SEVERANCE PAY
(i) Severance pay shall be applicable only to those employees whose service are terminated on grounds of redundancy.
(ii) Only those employees who have
completed one or more years of service shallbe considered eligible for
severance pay.
(iii) Only those employees covered by the Agreement will be eligible for severance pay.
(iv) Employees who are declared redundant shall be entitled to their accrued benefits and shall additionally be compensated at the rate of two months’ consolidated salary for each year worked.
(v) Where a redundant employee is a member of a Provident Fund or Pension Fund he may elect to draw either the amount contributed by employer to the Fund he may elect to draw either the amount contributed by employer to the Fund he may elect to draw either the amount contributed by employer to the Fund, subject to the Terms of Fund governing entitlement to the Employer's contribution, or his entitlement to severance pay whichever is the greater. He may not draw both.
28. HEALTHY AND SAFETY
(a) The employer and the union undertake to cooperate towards the objective to elimination or controlling accidents and health hazards and will encourage employees to compy with safety and health stands in reaching this objective.
b) The Employer and the Union shall establish a joint health and safety committee. Union representation shall consist of four representatives one of whom will be from the Union Head Office.
(c) The Union safety representative will not suffer loss of wages for any schedule time lost in the performance of safety functions.
(d) First aid facilities or equipment shall be provided by the employer to the employee to the extent necessary to provide adequate first
aid for employees.
(e) The employer shall furnish required protective clothing equipment and devices necessary to protect employees from vocational illness and injury.
(f) Plans to implement significant changes in the work processes or the introduction of new machinery shall be discussed and agreed upon by the joint Management Union Safety and Health Committees. The employees who are to work on the changed or new process or the new machinery shall be fully instructed on the risks involved and the precautions to be taken.
g) The Employer and the Union shall establish a joint health and safety committee. Union representation shall consist of four representatives one of whom will be from the Union Head Office.
(c) The Union safety representative will not suffer loss of wages for any schedule time lost in the performance of safety functions.
(d) First aid facilities or equipment shall be provided by the employer to the employee to the extent necessary to provide adequate first aid for employees.
(e) The employer shall furnish required protective clothing equipment and devices necessary to protect employees from vocational illness and injury.
(f) Plans to implement significant changes in the work processes or the introduction of new machinery shall be discussed and agreed upon by the joint Management Union Safety and Health Committees. The employees who are to work on the changed or new process or the new machinery shall be fully instructed on the risks involved and the precautions to be taken.
(g) if an employee sustains an injury in the execution of duties provided that injury is not caused by his/her negligence or due to the effect of intoxicants, the employer shall be liable to meet all treatment cost and shall compensate the injured employee in full, on amount assessed by the Ministry of Labour for the degree of incapacitation.
34. HIV/AIDS
The centre shall minimize and manage the spread and consequences of HIV/AIDS disease within the work place and not to discriminate against employees who are infected by HIV/AIDs.
- The Centre shall not require an HIV/AIDs Test at the time of recruitment.
- The Centre shall provide health information to all employees on HIV/AIDs, its magnitude, impact and preventive measures.
- The Centre shall allow the employees infected with HIV/AIDs to continue to work as long as they are able to perform the essential functions of their jobs.
- The Centre shall implement nondiscriminatory policies, procedures and practices in managing individuals who have HIV/AIDs.
- The Centre shall handle individuals who have HIV/AIDs in the same manner as those with any other progressive or debilating illness and with all the support that this entails.
35. DEFINITION OF CLERICAL WORK
Except for a non-clerical employee making entries in his Delivery Book, as and when necessary, he shall not be deemed to be performing clerical work unless he is required by Management to put pen to paper or to use a computer/typewriter in connection with the employer’s business.
36. CHANGE OF UNION/CENTER’S DESIGNATION
(i) In the event that the Union re-registers with the Registrar of Trade Unions under another name, the Union undertakes that this Agreement shall continue to apply and remain binding on the Union.
(ii) In the event that the Centre re-registers under another name, the centre undertakes that this Agreement shall continue to apply and remain binding on the centre.
37. BETTER TERMS AND CONDITIONS
It is mutually agreed that no clause within this Agreement shall prejudice any employee enjoying better terms. This Agreement covers all Unionisable employees of the Centre.
38. CERTIFICATE OF SERVICE
On leaving the service of the employer an Employee subject to this Agreement will be entitled to a Certificate of Service. Such certificate will confine itself to the following information only:-
- Name and address of Employer
- Name of Employer
- Date of commencement and Termination of Service
- Type of work performed
39.
This Agreement shall operate following the provisions of the Trade Union Law in force and above all strictly avoiding violating the provisions of the Republic of Uganda’s Constitution in force particularly Article 2 (1) and (2) of the said Constitution and parties agree in case any provision within this Agreement is inconsistent with any of the provisions of the Republic of Uganda’s Constitution the provision of the Republic of Uganda Constitution shall prevail.
40. DURATION AND EFFECTIVE
This Agreement shall come into effect on the 1st January 2015 and shall remain in force until it is replaced by another one agreed upon by both parties. In any case, however, a period of three years from its effective date has to elapse before it is replaced.
In the event of either party wishing to vary or rescind any clause of this Agreement, it shall be binding to the party concerned to give to the other party one month’s notice in writing of its desire to make such amendment to this Agreement.
WITNESS OUR HANDS ARE SET HERETO ON THE 25th DAY OF June 2015.
SIGNED FOR AND ON BEHALF OF: UGANDA NATIONAL CULTURAL CENTRE
SIGNED FOR AND ON BEHALF: NATIONAL UNION OF CLERICAL OF UGANDA NATIONAL COMMERCIAL, PROFESSIONALCULTURAL CENTRE
AND TECHNICAL EMPLOYEES
DATE: 25/08/2015.