COLLECTIVE AGREEMENT BETWEEN NATIONAL ROAD FUND AGENCY (NRFA) AND ZAMBIA UNION OF FINANCIAL INSTITUTIONS AND ALLIED WORKERS (ZUFIAW)

FOR THE PERIOD 1ST JANUARY 2024 TO 31ST DECEMBER 2024

FOREWORD

The NRFA is committed to maintain an industrial harmonious relationship among all employees in order to promote and improve efficiency within the Agency. The Agency is cognisance of the role that a harmonious tripartite relationship plays in the promotion of a productive workplace. Therefore, these Terms and Conditions of Service outline the essential provisions which underpin our employment relationship with non-management employees of NRFA. The subjects covered are important to all employees, thus, all employees are encouraged to read and understand the contents of this document.

It is the intent of the Agency to create and maintain a productive and harmonious environment in order to achieve its strategic goals.

Daniel Mtonga
ACTING DIRECTOR/CEO

DEFINITIONS

Unless otherwise stated in these terms and conditions of employment the singular shall include the plural and the following words and expressions have the following meanings:

1. 'Accident in the course of duty' means an accident in respect of which compensation is payable under the Workers Compensation Act.
   
2. 'Acting Allowance' means pay received for assuming and undertaking full responsibilities of a higher post or position for a minimum period of 10 continuous calendar days.
   
3. 'Agency' or 'Employer' shall mean National Road Fund Agency (NRFA), created through an Act of Parliament No. 13 of 2002.
   
4. 'Allowance' means monetary payment to an employee over and above their basic salary.
   
5. 'Authorized Person' means any person employed and/or authorized by the Agency to
   represent its interests.
   
6. 'Basic Salary' means a fixed amount of money which excludes other allowances and employee benefits, paid on a monthly basis to an employee for work done.
   
7. 'Board' means persons appointed by the Minister of Finance as established under section 5 of the National Road Fund Act No. 13 of 2002 of the Laws of Zambia.
   
8. 'Dependants' of an employee are:
   
   1. Parents of the employee.
      
   2. The employee's biological children, and legally adopted children, who are 21 years and below except those receiving a first qualification in tertiary education.
      
   3. The spouse- legally married as per documents provided to the Agency.
      
9. 'Employee' shall mean an individual who is contractually employed by the Agency either on Fixed Contract of Service or Permanent and Pensionable Terms and Conditions of Service basis. The term 'employee' includes 'staff' or 'worker' and shall mean the same and can be used interchangeably.
   
10. 'Employment' shall mean engagement of an employee to provide a service under the Agency.
    
11. 'Full Pay' means the employee's pay at his /her substantive basic rate over a period of one month.
    
12. "Half Pay' shall be construed accordingly as half pay at his /her substantive monthly basic rate
    
13. 'Leave' means authorized period of absence from work which counts as part of service of the
    employee.
    
14. 'Management' means employees in salary grades NRFA4 and above of the Agency Salary Structure.
    
15. 'Non-Manage me nt' means employees in salary grades NRFA5 and below of the Agency Salary
    Structure.
    
16. 'Notching System' means Salary levels in each NRFA Grade of the Agency Salary Structure,
    
17. 'Overtime' means authorized work undertaken in excess of normal working hours or shift,
    
18. 'Probation' means the period when an employee is assessed for suitability for substantive employment or substantive promotion from the date of engagement up to the time when the employee is confirmed in his appointment.
    
19. 'Promotion' means authorised appointment into a higher position of a higher salary grade than the current job held.
    
20. 'Redundancy' means termination of employment on account of cessation of operations or functions for which an employee was engaged, or adverse alteration of an employee's condition of service to which the employee has not consented to.
    
21. 'Resignation' means voluntary separation from employment initiated by an employee.
    
22. 'Retirement' means separation of employment upon attainment of applicable statutory retirement age.
    
23. 'Responsibility Allowance' means an allowance paid to an employee for performing additional
    responsibilities of the position in the same salary grade for a minimum of ten (10) continuous calendar days.
    
24. 'Year' means a period of twelve (12) calendar months.

1.0 INTRODUCTION

This document presents a summary of Terms and Conditions of Service for Non-Management employees of the National Road Fund Agency (NRFA), and clearly spells out what terms and benefits the Agency offers to various categories of its employees for services rendered.

The basic aim of the Terms and Conditions of Service as set out in this document are to attract, reward, retain and motivate employees by developing and implementing a competitive and equitable remuneration package within the ability of the Agency to pay, This is especially so in respect of the skilled, experienced and professional human resource, which is critical to the successful operation of any business enterprise.

2.0 CONDITIONS OF SERVICE

The Terms and Conditions of Service for Non-Management Employees of the National Road Fund Agency contained in this package, have been approved by the NRFA Board of Directors. All non-management employees shall be governed by the Terms and Conditions of Service contained herein. These Terms and Conditions of Service supersede all others that were in force before the effective date.

The Board of Directors, Management and Employees representatives may from time to time review these Terms and Conditions of Service either in total or in part and may change certain aspects as the Board deems fit.

Any change in the terms and conditions of any position shall only be considered through a Job Evaluation and all such changes shall be approved by the Board prior to implementation.

3.0 OBJECTIVES

1. To maintain an industrial harmonious relationship among all employees
   
2. To build collective responsibilities and enhance trust in the tripartite relationship
   
3. To provide guidance on the responsibilities and benefits of non-management employees;
   
4. To provide guidance on the responsibilities of management towards its employees;

4.0 EQUAL OPPORTUNITY STATEMENT

The NRFA is an equal opportunity employer. The Agency does not discriminate in the employment of any person on the basis of race, tribe, gender, political affiliations, religion, HIV/AIDS status or differently abled.

5.0 SCOPE

This policy shall be applicable to all NRFA Non-management employees.

6.0 APPOINTMENTS

6.1 Employment Period

Employees in category NRFA 5 and below shall be employed on Permanent and Pensionable contract of service.

Appointments shall be subject to the following:

1. The applicant being a Zambian citizen.
   
2. Production of a medical examination report from a Medical Practitioner certifying his /her health and physical fitness.
   
3. Production of a satisfactory police clearance report
   
4. Submission of academic and professional qualifications
   
5. Production of latest curriculum vitae indicating career background and at least three references.
   
6. any other document that the Agency may require.
   

6.2 Appointment Letters

All appointments shall be in writing. The letters of appointment shall make reference to designation, grade and Terms and Conditions of Service applicable to the grade.

On accepting the offer of employment, the prospective employee shall sign the acceptance clause within 48 hours from the date of offer.

6.3 Confidentiality Clause

All employees shall upon joining the Agency sign a Confidentiality Agreement, using the Declaration of Confidentiality Form, with respect to the dealings of the Agency, whereby they shall undertake to keep matters of the Agency, which shall come to their knowledge by office, trust or duty, confidential and not to disclose the same to any unauthorized persons.

6.4 Probationary Period

1. All non-management employees in grades NRFA5 and below shall be engaged initially on probationary period of three (3) months before confirmation.
   
2. During probationary period, the suitability of the employee for the post shall be assessed through the NRFA performance management system. After this period, the employee may be confirmed, in writing, if found suitable or discharged from employment if found unsuitable.
   
3. If no communication is received by the employee after completion of the probationary period and no justifiable reason is advanced for the delay or failure to communicate in writing, such an employee shall be deemed to have been confirmed and shall be treated as such in the event of any dispute arising out of this agreement.
   
4. Where performance or conduct is found to be unsatisfactory, and the Agency may decide to extend the probationary period, the employee shall be counselled and a Performance Improvement Plan {PIP} drawn up and agreed in writing. However, the probationary period shall not exceed six (6) months.
   
5. If no communication is received by the employee after completion of the additional period of three (3) months, such an employee shall be deemed to have been confirmed.
   
6. If on final review a probationer fails to improve on his /her performance to the required level, his / her services shall be terminated.
   
7. However, during the probationary period and notwithstanding the above provisions, employment may be terminated by either party giving to the other 24 hours/one day's written notice and state the reason for Termination of Employment Contract as required by Law.
   

6.5 Short - Term Contract of Service

1. An employee may be engaged on a temporary basis for a period of not more than Twelve (12} months, during which no probationary period shall be required, and such an employee shall be paid in accordance with the agreed terms and conditions.
   They shall be entitled to local leave, sick leave and other benefits as contained in the employment contract of service.
   
2. The short-term contract of service shall be authorised in advance by the Director/ CEO.
   
3. Short-term termination of employment shall be by either party giving notice as follows:

6.6 Vacation Employment

Vacation employment may be offered to students studying for qualifications, which are relevant to the Agency on such terms as the Agency may determine from time to time.

6.7 Casual Employment

Casual employment may be offered to employees who are engaged in work of casual nature. Casual employees are not entitled to benefits or allowances provided for in these Conditions of Service other than the daily wages and any other statutory obligations.

6.8 Acting Appointments

1. All acting appointments shall be recommended by Supervisor and approved by Heads of Department.
   
2. All acting appointments shall be made in writing, specifying the post, period and the nature of appointment.
   
3. An employee acting in a higher position shall be entitled to acting allowance.
   
4. The minimum period qualifying for payment of acting allowance shall be twenty one (21) continues calendar days.
   
5. An employee acting in a position shall be required to submit handover notes at the end of the acting period within 48 hours.

6.9 Acting Period before Confirmation in the Position

An employee shall act in a higher position for a period of 3 months, during which time the employee should be assessed with a view to confirmation. A further 3 months may be added where it is deemed necessary.

An employee who has acted in a higher post for administrative convenience for a continuous period of 6 months and who has received a positive assessment of his /her performance, shall not be required to act in that post when being considered for promotion to that post at a later stage.

7.0 OBLIGATIONS OF THE AGENCY

The Agency shall:

1. Endeavour to provide reasonably practical, safe and healthy working conditions and a conducive working environment; to ensure observance of the necessary Occupational Health and Safety requirements as prescribed by law,
   
2. Provide, as is reasonably practicable, the necessary tools, equipment, materials, protective clothing and facilitate safety as well as provide information required by employees to ably carry out their functions and accountabilities to acceptable standards of performance.
   
3. Foster a healthy industrial relations climate, exercising fairness in the treatment of employees, promoting good working relationships between teams and individuals as well as creating opportunities for the development of employees to the best of their abilities.
   
4. Remunerate employees in accordance with their terms of employment
   

8.0 OBLIGATIONS OF THE EMPLOYEE

The employee shaii:

1. Do conscientiously, carefully and to the best of his /her ability carry out any work that the employer may require him/her to perform.
   
2. Obey and comply with all lawful instructions given by officials in authority over him/her.
   
3. Keep all confidential matters of the Agency as required whilst in and out of employment with the Agency.
   
4. Work in any area or station, or any shift, as required by the Employer.
   
5. Work overtime as may be required to maintain continuous operations, achieve targets, maintain and safeguard Agency property, station equipment and records in good order.
   
6. Observe ail the rules, regulations and instructions relating to health and safety and the proper care and handling of materials and chemicals.
   
7. Look after one's health and fitness at all times whether on or off duty.
   
8. Not undertake to compete with the Agency by engaging in work/business similar to that being undertaken by the Agency whilst in employment of the Agency.
   
9. Remain loyal to the Agency by not doing anything that shall be in conflict with the Agency's interests.
   
10. At the time of application for employment, the employee is obliged to furnish the Agency with a correct record relating to his /her qualifications, previous employment and other relevant matters, and should not withhold any material information relating to his record. Should the Agency discover that the employee has furnished incorrect information, of that he has withheld material information; the Agency shall have the right to undertake disciplinary action.
    
11. Be firm but fair in dealings with contacts of the Agency including the general public, treating them with respect at all times.
    

9.0 SEPARATION

The Agency or the employee may terminate the employment contract by or on:

9.1 Statutory Retirement

1. The employee shall retire from the Agency's service as stipulated by law at 60 years as normal retirement age.
   
2. The Agency shall give such an employee twelve (12) months prior notice to retirement
   
3. The retirement package shall be a lump sum payment calculated as follows:
   
   

   No.	Years in Service	Formula
   1.	0-5	24 months basic salary plus 1 month's salary for each completed year of service
   2.	5-10	24 months basic salary plus 1.5 month's salary for each completed year of service
   3.	11 years and above	24 months basic salary plus 2 months' salary for each completed year of service

   
   
4. Retired employees shall continue receiving a salary until they are paid terminal benefits in full.
   

9.2 Early and Late Retirement

1. An employee may apply to the Agency for early or late retirement upon attaining the age of 55 and 65 respectively or upon completion of 15 or more years of continuous service with the Agency.
   
2. The employee under early retirement shall be entitled to a lump sum retirement benefit calculated as follows:
   15 months basic pay plus 1 month's basic pay for each completed year of service
   
3. The employee under early or late retirement shall give a twelve (12) months' prior notice.
   

9.3 Resignation

Employees in grades NRFA5 and below may terminate their employment contracts by giving one (1) month notice or paying the Agency one (1) month basic salary in lieu of notice.

On resignation, the employee shall be paid the following terminal benefits, less any recoveries of the monies that the employee may be owing to the Agency:

1. Accrued leave days;
   
2. Accrued salary and allowances;

9.4 Summary Dismissal

1. The Agency may dismiss an employee summarily following a Disciplinary Committee hearing as per the disciplinary code.
   
2. Where an employee is summarily dismissed, he/she shall be entitled to accrued salary and accrued leave days less any recovery of any monies that may be owing to the Agency.
   

9.5 Medical Discharge

1. An employee who has been examined and certified unfit to perform his functions due to ill-health or injury by the Medical Doctor, shall have his employment terminated on medical grounds.
   
2. Upon discharge on medical grounds, the Agency shall pay the employee:
   
   1. Accrued salary;
      
   2. Accrued Leave days;
      
   3. Terminal Benefits to be calculated at 25% percent of annual basic per each completed year and prorated for incomplete year.
      
3. The Agency shall recover all the monies from the employee's benefits that may be owing to the Agency.
   

9.6 Termination by Redundancy or Retrenchment

1. When due to circumstances beyond the Agency's control redundancy is inevitable, the Agency after obtaining approval from the Board and informing the Ministry of Labour, may effect redundancy based on the principle of "first in last out" and "last in first out" taking into consideration the employee's age, experience, educational qualifications and vocational training, conduct and disciplinary record, efficiency and effectiveness and commitment to duty.
   
2. Once an employee has been declared redundant or retrenched, the Agency shall pay the following redundancy package to the employee less any monies owing to the Agency:
   
   1. Twenty-four (24) months basic salary plus one month's salary inclusive for each completed year of service.
      
   2. Three (3) months basic salary in lieu of notice and any other contractual terminal benefits.
      
   3. The last drawn "basic salary" shall be the basis for calculation of the redundancy pay. 
      
3. If the Agency is unable to pay redundancy benefits on the last day of employment, the Agency shall continue to pay the employee the full salary until the redundancy benefits are paid in full.
   

9.7 Termination by Mutual Consent

1. When due to circumstances beyond the Employee's and Agency's control such as promotion, an employee's employment status is changed from Permanent and Pensionable to Fixed Term Contract of Service, nomination for elective office and appointment to public office, the Agency and the employee shall agree to terminate the employment contract by mutual consent.
   
2. Once the employment Contract of Service is terminated on mutual consent, the Agency shall pay the following package to the employee less any monies owing to the Agency:
   
   1. Accrued salary;
      
   2. Accrued Leave days;
      
   3. Mutually agreed months of basic pay for each completed year of service
      

9.8 Death of an Employee

1. Employment with the Agency shall be automatically terminated upon the death of an employee.
   
2. On death of an employee, the Agency shall pay the employee's estate, less any monies owed to the Agency, terminal benefits specified below:
   
   1. Accrued salary
      
   2. Accrued leave days
      
   3. Terminal Benefits paid on pro-rata basis up to the time of death.
      
   4. Payment due from Group Life Assurance and / or Group Personal Accident Policies.
      

9.10 Nomination for Elective Office

An employee shall be required to resign on valid nomination for elective office for local government and parliamentary elections

9.11 Appointment to Public Office

An employee who gets appointed to public office shall have his /her employment terminated by the Agency in line with Clause 9.7. Public office shall be as defined in the Constitution of the Republic of Zambia.

9.12 Termination of Employment - Confirmed Employee

After probation either party may terminate employment at any time by serving notice in writing as follows:

1. If the employer is terminating employment, one (1) month's notice shall be given;
   
2. If the employee is terminating employment, he/she shall give one (1) months'
   notice;
   
3. Where termination is at the instance of the employer, the employee shall be paid as follows:
   
   1. 3 months basic salary for each completed year of service
      
   2. one (1) month salary in lieu of notice.
      
   3. Accrued leave days
      
   4. Accrued salary
      
4. iv. Where the employee shall terminate his /her employment without notice, the employee shall pay one (1) month's salary in lieu of notice, calculation of the period of notice may be reduced by commuting any leave days accrued.
   
5. Termination of employment of an employee who is on Permanent and Pensionable Contract of Service shall be in accordance with procedures as follows:
   
   1. Disciplinary Procedure;
      
   2. Medical Grounds
      
   3. Redundancy
      
   4. Death
      

9.13 Repatriation

The Agency shall provide transport or pay for the cost of transport to repatriate an employee and his /her family io the place of recruitment upon payment of final terminal benefits if the employee:

1. Is discharged on medical grounds
   
2. Is declared redundant
   
3. Retires early
   
4. Normally retires or Dies in service in which case the benefits shall accrue to the family of the deceased employee,
   

No repatriation shall be provided to employees who are separated on disciplinary grounds.

10.0 BASIC PAY AND PREMIUM PAYMENTS

10.1 Remuneration

The Agency undertakes to pay a remuneration package, which shall be sufficiently competitive to attract, motivate and retain the calibre of employees it requires for the successful achievement of its mandate.
The Agency shall adopt a pragmatic approach to the structure of its remuneration package to reflect changes in both the external environment of the labour market, economic indicators and prevailing legislation as well asthe internal environment related to the Agency and individual performance.

10.2 Salary Structure

The non-management Salary Structure shall have eight (8) Salary Scales ranging from NRFA 5 and below with fixed basic salaries.

1. The Agency shall pay in arrears the monthly basic salary to the employee throughout his employment.
   
2. The basic salary scales for employees shall be determined through job evaluation and the guaranteed package to the employee, shall among other things, depend upon the Agency's ability to pay.
   
3. The employee's performance shall be assessed annually, and salaries shall be reviewed in light of the yearly final performance assessment.
   

10.3 Salary Increments

1. Progression salary increases, where applicable, shall be in accordance with the Basic Pay Schedule and shall be applicable to al! employees.
   
2. The Agency maybe necessitated by inflation, revise salaries regularly and make suitable adjustments toemployees' emoluments. The approval of the increments shall be made by the Board. 
   

10.4 Pay Day

The official pay day for all employees shall be 15th of each month in which it is earned. If the day falls on a public holiday or Saturday or Sunday, employees shall be paid on a working day before the weekend or public holiday.

10.5 Paid Public Holidays, Saturdays and Sundays

All gazetted public holidays shall be observed without loss of pay.

10.6 Deductions from Employee's Emoluments

The Agency shall deduct from the basic salary or other money due to the employee all amounts payable by the employee to the Agency for the following:

1. Statutory deductions
   
2. The money that is due to the Agency in respect of any loan or salary advance payment or allowance made under the contract
   
3. Any other deductions that may be lawfully made
   

10.7 Work Stoppage Outside the Agency's Control

If for any reason the employee fails to work the full period of his normal working week, the employee shall (subject to the Conditions related to paid public holidaysand absence resulting from sickness and injury) be paid for that period.

The Agency shall be obliged to provide work for the employee or pay salaries in lieu whenever the operations of the Agency or any part thereof shall be suspended or interrupted due to any strike or other industrial action, or interruption of power or other essential supplies or war, civil disturbance, force majeure or other causes outside the control of the Agency, provided that for any period during which the Agency does not provide work in accordance with this clause the contract shall not be deemed to be terminated; the Employee's service with the Agency shall not be deemed to be broken; and the employee shall not be entitled to receive any monies which are payable only upon termination of the contract or service.

10.8 Normal Working Hours

The normal working hours shall be an average of forty-eight (48) hours per week. However, the normal working hours shall vary and shall be determined by the Agency on the basis of its operational requirements as follows:

10.8.1 Non-shift workers

The normal working hours for employees under this category shall be as follows:

1. 08:00 hours to 13:00 hours, and
   
2. 14:00 hours to 17:00 hours
   

10.8.2 Shift workers

The normal working hours for employees under this category shall be an average of forty-eight (48) hours per week over a shift cycle irrespective of the days worked including Saturdays and Sundays and Public Holidays,

The Agency shall pay a shift differential of 5% of basic pay to the eligible employee to all employees working night shift effective 1st January 2024

10.8.3 Health breaks

All employees shall be entitled to 20 minutes in a day or shift as health break during the course of performing their duties.

10.9 Overtime

Employees in Grades NRFA 5 and below shall be obliged to work overtime if their supervisors request them to do so. All hours worked by an employee in excess of the normal hours per week shall be regarded Overtime, except in special circumstances such as celebration of International, National and Institutional events.

Overtime shall be compensated as follows:

1. Monday to Friday - one and half times
   
2. Saturday up to 12:00 hours one and half times, and beyond 12 hours double time
   
3. Sunday and public holidays - double time
   

11.0 PERFORMANCE ASSESSMENT AND ADVANCEMENT

1. The Agency shall maintain a Performance Management System (PMS), which shall facilitate, encourage and reward good performance.
   
2. Employees shall be required to set key performance targets and sign Performance Agreements outlining the Key Performance Indicators on with their supervisors on an annual basis.
   
3. PMS shall be utilized and appraisals considered for:
   
   1. Confirmation to Permanent and Pensionable Establishment on first appointment,
      
   2. Substantive promotion to the position after acting appointment,
   3. Identifying the training gaps and determining the training needed, and d) Annual performance assessment against set target,
      
4. The employee's performance shall be assessed by the immediate supervisor and shall be discussed with the employee concerned. The employee shall be required to sign in the appropriate section of the Performance Contract to show that he/she has read the assessment and that it has been discussed with him/her,
   
5. Performance assessments shall thereafter be reviewed in all cases by Reviewers, Heads of Department and approved by Corporate Services Department.
   

12.0. PROMOTIONS, TRANSFERSAND SECONDMENTS

12.1 Promotions

1. All promotions shall be made at management's discretion. The appointed employee shall have the requisite minimum qualifications, competence, experience and good conduct. Such promotion shall take account of the recommendations of the immediate supervisor and Head of Department and shall be approved by the Director/CEO.
   
2. The criteria for promotion shall be aimed at getting the best person for the job from whom the Agency can derive maximum benefit. The required level of performance and competence for vacant positions shall take precedence over age and length of service.
   
3. The Agency shall advertise posts internally and only recruit from outside if mere are no suitable internal candidates.
   
4. Where a particular post is upgraded, it shall be considered to have become vacant from the date of such upgrading and shall be filled in accordance with laid down procedures on recruitment.
   
5. The effective date of an employee's promotion shall be the day they assume duties and shall be contained in the letter of appointment.
   
6. Employees considered for promotion shall be appointed to act for a probationary period of three {3) months with a view to establish their suitability for confirmation. If during the probationary period an employee's performance is unsatisfactory, the acting period may be extended for another three months. If after acting for three (3) months an employee is found unsuitable for promotion, he/she shall be reverted to his/her substantive position.
   
7. When an employee is promoted to a higher grade, he/she shall receive a salary at in his /her new scale.
   

12.2 Up-grading following Job Evaluation

When an employee's job is up-graded as a result of re-evaluation, and the serving employee has been offered the job, the up-grading shall take effect from the date on which the evaluation is confirmed. The employee shall receive either the minimum rate for the higher grade or the rate in the higher grade immediately above his /her previous substantive rate, whichever is the greater assuming that the employee qualifies for the evaluated job.

12.3 Transfers

1. An employee may be transferred within the Agency to wherever his/her services are required.
   
2. Transfers shall be a management prerogative and requests for transfer by employees shall be effected at management's discretion.
   
3. A transfer may not necessarily result in the change of the employee's present salary, except where the employee is required to handle higher responsibilities.
   
4. If an employee is demoted to a job in a lower pay grade because of his/her inability to satisfactorily perform the duties in his/her substantive grade, his/her pay shall be reduced to the rate in the lower pay grade from the date of demotion.
   
5. If an employee is transferred at his/her own request in writing, to a job in a lower pay grade, his rate of pay shall with effect from the date of transfer be reduced to the rate in the lower pay grade appropriate to his service.
   
6. If an employee's job is downgraded as a result of re-evaluation, or if an employee is transferred by the Agency to a job in a lower pay grade for reasons other than his inability to satisfactorily perform the duties of the job in the higher pay grade or other disciplinary reasons, the following action shall come into effect:
   
   1. The employee shall be transferred to the lower grade, where it exists, and shall be eligible for any future increments within the grade.
      
   2. If the employee's previous substantive rate is above the maximum rate for the lower pay grade, the employee shall continue to be paid at his/her previous substantive rate on a personal to holder basis but shall not be eligible for any future increments.
      

12.4 Attachment/secondment

1. The Agency may, with the consent of the concerned employee, attach/second such an employee to any other Agency or institution on such terms and conditions mutually agreed by the employee, the Agency and the organization or institution to which the employee is attached/seconded.
   
2. For the purpose of determining the period of contract with the Agency, any period of attachment /secondment from the Agency shall be deemed to be employment with the Agency.
   
3. No employee shall initiate attachment/secondment without the prior approval of the Agency.
   
4. At the end of his attachment/secondment, the employee shall return to his /her former substantive position except in the event of promotion or transfer.
   
5. For secondment, the provisions of clause (ii) above shall not apply.
   

13.0 LEAVE

13.1 Leave earning rates

Employees shall earn 2.5 leave days per month, however, leave days shall accrue up to a maximum of 120 days.

13.2 Granting or Leave

Granting of leave shall be at management discretion subject to recommendation by the supervising officer, authorization by Head of Department and approval by Director- Corporate Services. Employees shall be encouraged to take leave regularly, however, the period of leave shall be subject to the convenience cu the Agency.

An employee who has been granted leave may have their leave postponed or curtailed due to operational demands. Such an employee shall continue their leave at a later stage as agreed with their supervisor.

An employee may not be granted leave for a continuous period longer than his maximum annual leave entitlement.

13.3 Excess accumulation of leave

No employee shall accumulate leave days beyond the stipulated maximum of ninety (90) days. However, in exceptional circumstances, an employee may accumulate excess leave days on approval by Director-Corporate Services to retain the days.

13.4 Types of Leave

13.4.1 Annual Leave

An employee shall be eligible to proceed on Annual Leave of a minimum of twenty-two (22) working days in every twelve (12) months and a minimum of five (5) days shall be maintained as balance at any given time.

The maximum number of days an employee can proceed on annual leave shall be twenty-four (24) days.

The minimum service for paid annual leave in terms of these terms and conditions of service shall only be granted after an employee has been confirmed and has been in service for at least eight (8) months.

An employee proceeding on annual leave or who shall be absent from work for a longer period shall be required to submit handover notes within 48 hours before taking leave. Equally, an employee acting in a position shall be required to submit handover notes at the end of the acting period within 48 hours.

13.4.2 Local Leave

The Agency shall grant seven (7) non-deductible days per annum as local leave to an eligible employee.

13.4.3 Compassionate Leave

An employee is entitled to compassionate leave with full pay for a period of at least twelve (12) days in a calendar year where that employee has:

1. lost a spouse, parent, child or dependant; or
   
2. a justifiable compassionate ground

13.4.4 Maternity Leave

A female employee is, on production of a medical certificate, entitled to fourteen (14) weeks maternity leave to be taken:

1. immediately preceding the expected date of delivery, except that at least six weeks maternity leave shall be taken immediately after delivery; or
   
2. after the delivery.
   

Maternity leave calculation shall include weekends and public holidays.

The maternity leave shall in the case of a multiple birth be extended for a further period of four weeks.

Where a female employee remains in continuous employment with the same employer for a period of twenty-four months immediately preceding the beginning of leave under this section, the maternity leave shall be with full pay where the maternity benefits are not paid under a written law providing for maternity benefits.

Where there is more than one employer from whom, or a third-party scheme from which, a female employee is entitled to claim maternity benefits, an employer who pays the maternity benefit is entitled to recover from the other employer or third-party scheme, as a civil debt:

1. in the case of another employer, a contribution which shall bear a proportion to the amount of the maternity benefit paid to the employee as the number of days the employee worked for the other employer; or
   
2. in the case of a third-party scheme, the reimbursement of the maternity benefit as may be prescribed.
   

A female employee who gives birth to a premature child is entitled to an extension of the maternity leave for a period that shall be recommended by a medical doctor.

A female employee 'who remains in continuous employment with the same employer for a period of twelve months and suffers a miscarriage during the third trimester of pregnancy or bears a still born child is entitled to six weeks leave on full pay immediately after the miscarriage or still birth, except that the miscarriage or still birth shaII be duly certified by a medical officer.

On expiry of a female employee's maternity leave the employee shall return to the job which the employee held immediately before the maternity leave or to a reasonably suitable job on terms and conditions not less favourable than those which applied to the employee before the maternity leave.

A female employee may, immediately on expiry of maternity leave before resuming duties and with the approval of the employer, proceed on sick, annual, compassionate or other leave to which the employee is entitled.

A female employee shall give notice in writing as may be reasonable in the circumstances, to the employer, of that employee's intention to proceed on maternity leave on a specified date and to return to work thereafter.

A female employee shall not forfeit that employee's annual leave entitlement under section 37 because of having taken maternity leave.

In this section, "premature child" means a child born before thirty-seven weeks of gestation counting from the first day of the last menstrual cycle.

13.4.4.1 Unpaid Maternity leave

A female employee who does not qualify to be granted maternity leave may be granted unpaid maternity for a period of not less than six (6) weeks and not exceeding fourteen (14) weeks.

13.4.4.2 Nursing breaks

A female employee who is nursing an unweaned child who is below six months, is entitled each working day, st a time convenient c> the employee and having regard to the neeus of the child, to at lease two nursing breaks of thirty minuteseach; or one nursing breakof one hour.

13.4.5 Paternity Leave

Subject to an agreement between an employer and an employee which is more favourable to the employee than the provisions of this section, a male employee who remains in continuous employment with the same employer for a period of twelve months immediately preceding the beginning of leave under rhis section is entitled to at lead five (5) continuous working days paternity leave, if:

1. the employee is the father of the child;
   
2. the employee has submitted to the employee's employer a birth record of the child; and 
   
3. the leave is taken within seven days of the birth of a child.
   

13.4.6 Examination Study Leave

1. The Agency, at its discretion, may grant leave up to a maximum of ten (10) working days annually to an employee sitting for examinations of an approved course of study.
   
2. The number of leave days so granted shall not be deducted from the employee's accrued leave days.
   

13.4.7 Unpaid Leave

1. Management may in special cases grant unpaid leave where paid leave has not accrued.
   
2. Unpaid leave once taken shall imply break in service and shall therefore not count as record of service for entitlement to the provisions of terms and conditions of service. This shall also apply to any unauthorized absence, including strike period.
   
3. Unpaid leave can only be granted in instances where paid leave has not accrued.
   
4. Management shall allow eligible employees to take unpaid leave up to a maximum period of 18 months.
   

13.5 Absence without leave

If an employee is absent from work without authority or for other reasons as specified otherwise than in these Terms and Conditions of Service, he/she shall not be entitled to pay or any other benefits payable under these Terms and Conditions of Service for the duration of such absence. Such an employee shall be liable to disciplinary action.

13.6 Accumulated Leave at Separation from Service

1. All accumulated leave days shall all be commuted at the time of separation from employment.
   
2. Any period of accumulated leave for which payment in lieu is made at the time of separation of service shall not count as service for leave.

13.7 Calculation of Leave

Any approved leave other than maternity leave, study leave and sick leave shall be exclusive of Saturdays, Sundays and Public Holidays.

13.8 Leave Whilst on Acting Appointment

Employees on acting appointment should not go on leave unless in exceptional circumstances.

13.9 Leave Accrual on Transfer to a Lower Graded Post

When an employee is transferred to a lower position, the Agency shall give a pro rata credit based on previous salary in respect of leave pay for the period prior to the date of such transfer.

Thereafter the rate for the lower grade shall apply.

13.10 Other employment whilst on Leave

Employees must not take up other formal employment whilst on leave or take on work similar or related to that which the Agency is engaged in whilst on leave.

13.11 Resignation Whilst on Leave

An employee may give notice of termination of employment whilst on leave and his service shall terminate on the last day of the prescribed notice period, provided that the Agency may reduce the period of notice in special circumstances.

13.12 Commutation of Leave

An employee may commute pam of their accrued leave days for cash once . year provided that there shall be a balance of five (5) days on the record. However, to qualify, the employee shall have approved annual eave of at least fifteen (15) days.

13.13 Special Paid Leave

An employee shall be granted special leave as follows

1. Where it is felt necessary to facilitate investigations in disciplinary cases, where it is felt the employee's absence shall be in the best interest of the Agency and the employee.
   
2. Special leave shall also be granted in other exceptional circumstances such as when an employee is selected to represent Zambia at a national or international event.

13.14 Mothers' Day

A female employee is entitled to one day's absence from work each month without having to produce a medical certificate or give reasons to the supervisor. However, notice should be given 24 hours prior to taking leave. Mother's Day shall not be cumulative.

13.15 Service Counting for Leave

All paid leave granted by the Agency shall count for service. All service counting ior leave must be continuous unless absence is due to sickness. Agency or non-Agency accident and/or paid public holiday. Such absence shall not be regarded as a break in service.

13.16 Leave Periods

Periods of paid leave, after having been taken and after the employee has returned to work without a break in service, shall count as service under these Rules.

13.17 Absence due to Accident in the course of duty

Periods of absence on account of an accident in the course of duty or illness shall be taken into account when calculating accrued leave.

13.18 Prolonged Absence due to Accident/Sickness

Periods of absence due to sickness or accidents in excess of the periods set out in maximum sick leave days shall not be taken into account when calculating accrued leave.

13.19 Recall from Leave

An employee who is on leave may be recalled from leave if his/her services are urgently required at the time of recall. The recall from leave shall be documented for reference purposes.

13.20 Premature Return from Leave at Employee's Request

An employee wishing to return to duty before the end of his/her leave shall first obtain the consent of his/her immediate supervisor.

14.0 ABSENCE RESULTING FROM ILLNESS OR INJURY

14.1 Employee's Obligations

Any employee who is absent from work as a result of illness or injury shall:

1. Report as soon as possible to a medical practitioner and submit a medical report to the Agency.
   
2. Not return to work until it is certified by an authorized person that he/she is fit for work.

14.2 Non-Payment during Absence

Any employee who does not fulfil the conditions set out in clause 14.1(i) above shall not be entitled to any pay under these rules for the duration of his/her absence.

14.3 Accident in the course of duty

When an employee is absent from work as a result of an accident in the course of duty, payment of sick pay shall commence on the first day of such absence and continue throughout the period during which the employee is receiving periodical payments in accordance with the Worker's Compensation Acf.

14.4 Maximum number of days for Sick Leave

Where an employee is incapacitated due to illness or injury not occasioned by the employee's default, the employee is entilted to sick leave as follows:

1. an employee on a short-term contract shall be paid full pay for the equivalent of twenty-six working days of the sick leave and thereafter, half pay for the equivalent of the next twenty-six working days of the sick leave; or
   
2. an employee on a long-term contract shall be paid full pay during the first 90 days of the sick leave and thereafter, half pay for the next 90 days of the sick leave
   

The Agency may, on the recommendation of a medical doctor, discharge an employee on medical grounds where the employee does not recover from the ilimss or injury, after six months of the date or rhe illness or injury, ami the employee's entitlement to sick leave shall cease.

However, the period on half pay may be extended to a maximum of 90 days on the recommendation of a medical officer if it is probable that the employee may be able to return to duty at the end of the period.

15.0 ALLOWANCES

15.1 Acting Allowance

1. An employee who is appointed to act in a higher position for a period of twenty-one (21) continuous calendar days or more, for whatever reason, shall be entitled to an acting allowance. The employee shall be paid the difference between the employee's substantive position basic salary and the higher position in which the employee is acting in inclusive of all allowances exclusive of Car Allowance. Payment shall be calculated on a pro rata basis where the acting period is more or less than a calendar month.
   
2. The acting allowance shall be paid with the monthly salary. However, the allowance thus paid shall not be treated as basic pay and shall not attract premium payments. No acting allowance shall be paid when acting in lateral jobs of the same grade as the substantive job.
   
3. The Acting Allowance shall be paid in respect of an employee who is absent from work due to authorized annual leave or less than thirty days leave or as a result of sickness or injury, provided that sucii an employee was receiving an acting allowance for three continuous months prior to going on leave and on his /her return to work from leave immediately resumes work in the same acting position.
   
4. Acting allowance shall cease upon completion of the acting period.
   

15.2 Leave Allowance

1. An employee who proceeds on annual leave shall be paid Leave Allowance equivalent to one month's basic salary net of tax.
   
2. If an employee returns to work before the completion of annual leave, the leave allowance shall be recovered from the employee's salary from the next month's pay. However, when the return to work was occasioned by the Agency, arrangements shall be made between the Supervisor and the affected employee to complete the leave and the employee shall not forfeit the leave allowance.

15.3 Daily Subsistence and Out of Pocket Allowance

15.3.1 Local Travel

1. Employees travelling on authorised Agency business shall be provided with transport or with travel advance where transport is not available. Calculation for Fuel Allowance shall be based on Cabinet Office Circular No. 7 of 2012 as amended.
   
2. When an employee is working in another town away from their substantive station and is required to stay overnight, he/she shall be entitled to payment of Subsistence Allowance at the following rates:
   NRFA 5 - 6 KI,500.00 per night
   NRFA 7 - 8 KI,300.00 per night
   
3. The Agency shall provide accommodation or retriable imprest in instances where Subsistence Allowance is inadequate to cater for accommodation up to a three (3) Star hotel. Such imprest shall not cater for alcoholic beverages, and private phone calls.
   
4. Where accommodation and food have been provided, an Out of Pocket allowance at the rate of fifty (50) % of subsistence allowance shall be paid for local business paid trips.
   
5. Where the employee provides own board, allowances paid in advance for nights planned, but not spent due to early return to their substantive work station b >re completion of pro; -cted nights, must be paid back within two . king days of return. Failure to do so shall lead to recovery from the payroll and/or disciplinary action being taken.
   
6. No subsistence allowance shall be paid in respect of absence from an employee's station not involving an overnight stay.
   

15.3.2 Overseas Travel

1. Employees travelling outside Zambia on authorized Agency business shall be provided with Agency transport and/or travel advance and/or return economy class air ticket as appropriate. Board and Lodging shall be paid for by the Agency. In addition, the Agency shall provide travel insurance cover.
   
2. When an employee undertakes a business trip abroad, and is required to arrange own board and lodging, a per diem allowance shall be paid according to the destination classified by Cabinet Office Circular No. 10 of 2009 as amended
   
3. During a business trip where the Agency or any other sponsor meets the full board and lodging expenses, the out of pocket allowance shall be a per centum of per diem as per Cabinet Office Circular No. 10 of 2009 as amended
   

15.4 Lunch Allowance

When an employee is required to work during Lunch hour without provision of lunch, Lunch allowance shall be provided at the rate of K150, without the requirement to produce receipts.

15.5 Settling-in-Allowance

A Settling-in Allowance shall be paid to an employee on first appointment in the Agency upon confirmation. The Allowance shall be paid at the rate of an employee's one month's basic salary.

15.6 Transport Allowance

Non-Management employees shall be entitled to Transport Allowance at a rate of fifteen percent (15%) net of tax per month. This allowance shall only be applicable to employees who do not have access to Agency Transport such as Agency Buses or Motor Vehicles.

15.7 Kilometer Allowance

Where an employee is required to travel on Agency business for a dWmce exceeding a 16km radius from their substantive work station, and where he/she has the permission of the Agency to use their own private motor veh de, a Kilometer allowance of K7 per kilometer shall be paid or such other rates as may be approved by the Board.

15.8 Disturbance Allowance

1. Where an employee is transferred by the Agency from one station to another in accordance with these Terms and Conditions of Service, the employee shall be entitled to Disturbance Allowance of 100% ol monthly basic salary.
   
2. The Agency shall not pay any Disturbance Allowance and no hotel or lodge accommodation shall be provided to an employee whilst arranging for accommodation where an employee requests for a transfer to another town. The
   Agency shah not pay for removal expenses once the transfer is approved. However, a nominal fee shall be charged for transporting personal effects subject to availability of the transport on the particular route.
   
3. Where an employee has been transferred from one station to another at the instance of the Agency, and the new place is in another town, the Agency shall pay the employee seven (7) days subsistence allowance to arrange for accommodation,
   
4. An employee shall also be entitled to seven (7) days off duty from the date of arrival in the district to facilitate their settling.
   
5. When the date of moving to the new station has been determined, the Agency shall facilitate the movement of the employee, his family and household effects to the District in which a new work station is located.
   

15.9 Housing Ailowance

An Employee shall be entitled to 20% net of Basic Salary.

16.0 OTHER BENEFITS

16.1 Funeral Assistance

1. loan event of the death of an employee the Agency shall pay K40, 000 as funeral grant.
   
2. In an event of death of an employee's spouse, the Agency shall pay K28, 000 as funeral grant.
   
3. In an event of death of an employee's registered dependents, the Agency shall pay K23, 000 as funeral grant.
   

The funeral grant is inclusive of all expenses and is non-retire able.

16.2 Medical Assistance Scheme

1. The Agency shall register the employee and his/her dependents (a maximum of six (6) inclusive of spouse) with the Agency. The Agency shall register the employee and his/her registered dependents with a recognized Medical Institution where the Agency shall pay for medical services provided.
   
2. An employee shall be entitled to be registered with one private hospital and one government hospital with an exception of the University Teaching Hospital (UTH) where all employees are registered.
   
3. Where particular medical services such as Dental, Optical and other specialized treatment are not available at the medical institution they are registered, the hospital shall refer the case in writing to an alternative medical institution where the services are available.
   
4. The Agency shall provide a Contributory Medical Scheme and employees shall contribute 40% while the Agency shall contribute 60% towards the full cost of available treatment, including consultations, tests prescriptions for treatment in Zambia only except in circumstances where the Medical Board recommends otherwise.
   
5. An employee shall have access to all medical and pharmaceutical services covered under the National Health Insurance Management Authority (NHIMA) as provided by law.
   

16.3 Working Tools

The Agency shall provide equipment which shall include phones for all official business and communication at all wo?k stations.

16.4 Staff Uniforms, Winter Jackets and Protective Clothing

The Agency shall provide staff uniforms, winter jackets and protective clothing as follows:

1. Reflective vest shall be provided every six months
   
2. Winter jackets and uniforms shall be provided annually.
   

16.5 Provision or Milk

The Agency shall provide a case of milk (24x SOOmls) every onth to all NRFA employees and Police Officers based at Toll Stations and weighbridges.

17.0 LOANS

17.1 Agency Loans

Subject to availability of funds, employees shall be entitled to Agency loans in accordance with the approved Agency loan scheme.

The Agency shall set upa loan scheme which shall be operational and administered by Management.

The scheme loans will be applied but not limited to the following:

1. Staff loan
   
2. Equitable mortgage
3. Car loan
   
4. Study loan
5. Household loan
   

17.2 Memorandum of Understanding for Loan Facilities

The Agency shall sign MOUs for loan facilities with the following financial service providers:

1. Commercial banks
   
2. Building societies
   
3. Micro finance institutions
   

17.3 Salary Advances

The advance payable shall be up to a maximum of one month's basic salary and shall be interest free. The advance paid shall be recoverable within three (3) months with a relief period of one month before effecting deductions.

An employee shall only access salary advance twice per year.

18.0 OTHER CONDITIONS

18.1 Staff Training and Development

1. The Agency is committed to pr oviding its employees with opportunities to develop their knowledge, skills and t ributes that lead to more effective job performance and encourage development and continuous learning.
   
2. Conditions for sponsorship os employees for courses within and outside Zambia shall be guided by the NRFA training Policy.
   

18.2 Identity Cards

Every employee is required to obtain from the Agency and carry on his person at all times for the ease of identification, a fully authorized Agency Identity Card.

Entry to Agency premises and access to Agency facilities may be denied to the employee if he/she fails to produce the Agency identity card which shall bear the employee's portrait, NRC number. Agency number, Name and Signature or Thumb print and any other mark or logo deemed necessary by the Agency.

18.3 Life Assurance/Death in Service Benefit

If an employee dies whiie in service, his/her estate shall be paid cash benefits at the rate of three (3) times the employee's annual basic pay.

18.4 Personal Group Accident Scheme

The Agency shall take up a Personal Accident insurance Policy with a reputable Insurance Company to cover all its employees in an event of death or disablement in an accident during the course of his/her duties.

18.5 Certificate of Service

A certificate of Service, stating the categories of employment and the period served in each category with the Agency, shall be provided to every employee on termination of service.

18.6 Disciplinary Code of Conduct and Grievance Procedure

1. All employees shall be subject to the Agency's Disciplinary Code of Conduct and Grievance Procedure. The Disciplinary Code of Conduct and Grievance Procedure is a framework of the rules and penalties that governs the behaviour of individuals in the Agency. All employees shall treat in a fair and consistent manner as provided in the Disciplinary Code of Conduct and Grievance Procedures.
   
2. The Agency shall make available the NFRA Disciplinary Code of Conduct and Grievance Procedures to all staff for reference purposes.
   

18.7 Agency Policies and Procedures

All Agency policies and procedures shall be applicable to all Agency employees.

18.8 Law and Currency

These Terms and Conditions of Employment and Service shall be governed in all respects by the laws of Zambia and the parties hereto shall submit to the jurisdiction of the Zambian Courts.

All sums payable under these Terms and Conditions of Service shall be payable in Zambian Kv.acha in Zambia.

18.9 Derogation

Nothing in these conditions shall be construed as being derogation of the provisions of the Employment Code Act, and or any other relevant statute.

19.0 Breach of Policy

Failure to comply with the provisions of this policy may result in disciplinary action.

20.0 Administration

The Director - Corporate Services shall be responsible for the administration, revision, interpretation, and application of this policy.

The policy may be reviewed and revised every two (2) years as may be required to incorporate relevant laws and best practices.

21.0 EFFECTIVE DATE

The effective date of this amended policy shall be from the 1st Day of January 2024 the date of approval by the Board.

This Agreement has been signed at National Road Fund Agency this .................. day of January, 2024.