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Statutory Instrument 59 of 2014

Collective Bargaining Agreement: Soft Drinks Manufacturing Industry

Collective Bargaining Agreement between Soft Drinks Manufacturing Industry and the Soft Drinks Manufacturing Workers Union - 2014

IT is hereby notified that the Collective Bargaining Agreement set out in the Schedule, which replaces the agreement published in Statutory Instrument 138 of 2000, has been registered in terms of section 79 of the Labour Act [Chapter 28:01].

SCHEDULE

NATIONAL EMPLOYMENT COUNCIL FOR THE SOFT DRINKS MANUFACTURING INDUSTRY

COLLECTIVE BARGAINING AGREEMENT: SOFT DRINKS MANUFACTURING INDUSTRY

This collective bargaining agreement, made and entered into accordance with the provision of the Labour Act [Chapter 28:01], between the Soft Drinks Manufacturers Association of Zimbabwe (hereinafter referred to as “the employers” or “the employers’ organization”), on the one part, and the Soft Drinks Manufacturing Workers Union (hereinafter referred to as “the employees” or “the trade union”), on the other part, being parties to the National Employment Council for the Soft Drinks Manufacturing Industry, to lay down minimum conditions of service in the Soft Drinks Manufacturing Industry of Zimbabwe.

ARRANGEMENT OF SECTIONS

Section

FIRST SCHEDULE: Grading and wages SECOND SCHEDULE: Definition of job positions THIRD SCHEDULE: Gratuities FOURTH SCHEDULE: Form of notice

Title and date of commencement

1. (1) This agreement may be cited as the Soft Drinks Manufacturing Industry Collective Bargaining Agreement.

(2) This agreement shall operate with effect from the date of gazetting or from date of signature by parties, whichever is the earlier.

Application

2. This agreement shall apply to-

(a) all employers in the soft drinks manufacturing industry including subcontractors; and

(b) all employees in that industry engaged in any occupation listed in the First Schedule in the area of Zimbabwe.

Interpretation

3. In this agreement-

“Soft Drinks Manufacturing Industry’ means without in any way limiting the ordinary meaning of the expression, the industry in which employers and employees are associated together for the purposes of

(a) manufacturing one or more of the following products-

(i) soft drinks;

(ii) mineral water;

(iii) cordials;

whether or not the flavouring is of natural origin, and includes all processes incidental thereto;

(iv) freezits or pennicools

(v) juices; and

(b) the wholesale distribution of such product

‘casual employee’ means an employee whose engagement is for an aggregate period of not more than six weeks in any four consecutive calendar months;

‘commission work’ means any system of work whereby an employee’s earnings are partly based on the quantity or value of goods sold on behalf of an employer; ‘continuous service’ means the total period of an unbroken service of an employee with an employer computed in terms of clause 26 of this agreement; ‘contract worker’ means an employee engaged on an employment contract of fixed duration. ‘council’ means the National Employment Council for the Soft Drinks Manufacturing Industry ‘day off’ means Sunday or that other day in the week in place of Sunday on which an employee is not normally required to work; ‘emergency work’ means work which must be performed immediately in order to prevent harm to the plant or to the employees or to nearby persons or property; “grade” means a grade listed in the first schedule ‘industrial holiday’ means any day prescribed as a holiday in terms of section 24 of this agreement: ‘medical practitioner’ means any person who is legally permitted to practice as a medical practitioner in Zimbabwe; ‘Minister’ means the minister responsible for the administration of the Labour Act [Chapter 28:01]; ‘night-shift’ means a shift the majority of hours of which fall between 6 p.m and 6 a.m;

‘overtime’ means any time worked outside the ordinary weekly hours of work which are required to be exhibited in terms of subsection (2) of section 30 of this agreement; ‘parent industry agreement’ means:-

(a) in respect of the building trades listed in the definition of ‘designated trade’ therein, and in any of the following agreements, as the case may be:-

(i) the agreement published in Statutory Instrument 402 of 1983, as amended or replaced from time to time;

(ii) the agreement published in Statutory Instrument 552 of 1983, as amended or replaced from time to time;

(ii) the agreement published in Statutory Instrument 553 of 1983, as amended or replaced from time to time;

(b) in respect of the mechanical and electrical engineering trades listed in the definition of ‘journeyman’ therein, the agreement published in Rhodesia Government Notice. 1354 of 1971, as amended or replaced from time to time;

(c) in respect of the motor trade listed in the definition of ‘journeyman’ therein, the agreement published in Statutory Instrument 55 of 1980, as amended or replaced from time to time;

(d) in respect of the printing trades listed in the definition of ‘designated trade’ therein the agreement published in Statutory Instrument 234 of 1981, as amended or replaced from time to time:

Provided that, if by any agreement specified in the definition expires and is not replaced by a further agreement, any reference to that agreement in this definition shall be construed as being reference to that agreement as last amended prior to its expiry; ‘piece – work’ means any system by which earnings are calculated wholly on the quantity or output of work done, irrespective of the time spent on such work; ‘region’ means any area specified in the Labour Act [Chapter 28:01]; ‘secretary’ means the secretary of the council ‘skilled worker’ means a person who has been certified by the Registrar of Apprenticeship and Skilled Manpower as a skilled worker class 1, 11, 111 or 1V in a designated or recognized trade in terms of the Manpower Planning and Development Act [Chapter 28:02], or the holder of a journeyman registration certificate issued by a National Industrial Council before the 1st of February 1982, and recognized by the Registrar of Apprenticeship and Skilled Manpower; ‘skilled worker’s work’ has the meaning assigned to it in the respective parent industry agreement; ‘suckling child’ means an infant below the age of six months;

‘task work’ means a stated task which is set by an employer for an employee and which has to be completed as a condition of earning a wage; ‘team’ means a group of employees who under the direct supervision of a supervisor ‘ticket system’ means a system whereby an employee is engaged at a wage calculated by reference to the completion of ticket based on an agreed number of days worked or a record based on the number of days worked; ‘wage’ means the basic earnings of an employee, but does not include any payment in respect of allowances, overtime, or any bonus payment or other like benefit; ‘a week’ means a period of seven days commencing on Sunday and ending on Saturday; ‘working day’ means any day other than a day off or an industrial holiday.

Expenses of council

4. (1) To meet the expenses of the council every employer shall, with effect from 1st of June 2008 deduct from the salary or wage of each employee (including contract worker), the equivalent of 1,5% of the minimum wage set out in the First Schedule

Provided that this subsection shall not apply in respect of any employee who has worked for the same employer for less than one full day in one month.

(2)In respect of each employee, the employer shall:

(a) contribute an equal amount equivalent to the amount deducted from the employee’s wage in terms of subsection (1); and

(b) remit the total amount to the secretary of the council not later than the fifteenth day of the month following the month to which the payment relates; and, simultaneously

(c) provide the secretary with a schedule recording:

i) the name of each employee;

ii) the amount deducted from each employee’s salary or wage; and

iii) the amount contributed by the employer.

(3) Any person who contravenes or fails to comply with the provisions of this section commits an offence and shall be liable, upon conviction, to a fine or imprisonment as prescribed in section 83 (3) (b) of the Act.

(4) If the employer who is liable to remit dues to the council fails, neglects or refuses to do so by the fifteenth day of the month following that to which the dues relate, then the balance outstanding shall accrue interest from due date, to the date of payment in full, at the rate of interest chargeable for the unsecured lending as determined by the council’s bankers during the period of default.

(5) Should the council engage legal practitioners or institute legal proceedings to recover any dues, interest and other moneys which are due to it, the employer shall pay the legal costs, and if the proceedings are instituted in the high court, the scale of costs shall be that applicable between legal practitioner and client.

Registration of employers

5. (1) Every employer shall within one month of the coming into force of this agreement, notify the secretary of the following particulars concerning himself/herself- (a) full names (s);

(b) trading name;

(c) the address at which the business is conducted;

(d) in the case of a corporate body or partnership, the names and addresses of the directors, partners and managers or agents;

(e) the nature of the business conducted, coming within the scope of the agreement;

(f) the average number of employees in each specified grades:

Provided that, if the particulars required in terms of this sub-clause appear in current register kept by the council, the employer shall be deemed to have complied with this sub-clause.

(2) Every employer who enters the soft drinks industry after the coming into operation of this agreement shall within one month of commencing business, supply the secretary with the particulars specified in subsection (1).

Grading and wages

6 (1) Every employer shall place each employee in a grade appropriate to his occupation, shall pay a wage to such employee of at least the amount prescribed in the First Schedule for that occupation, and no employee shall accept a wage amounting to less than that amount.

(2) An employee who, at the date of commencement of this agreement, is in receipt of a higher wage for his/her particular occupation than the minimum prescribed in the First Schedule for that occupation shall not, by reason of this agreement, suffer any reduction of his wage.

(3) On promotion to higher grade, an employee shall be paid not less than:

(a) the wage which he/she received prior to his promotion; or

(b) the minimum wage prescribed for his/her occupation in such grade; whichever is the greater.

(4) An employee who is required to perform work in lower grade than that in which he is normally employed shall be paid at least the minimum wage applicable to the grade of work in which he is normally employed.

(5) An employee who is required to perform work in a higher grade than that in which he or she is normally employed shall be paid a) an acting allowance of at least the minimum wage applicable to such higher grade for all hours spent working in such higher grade b) or a responsibility allowance whichever is greater.

(6) At the option of the employer, an employee who is required to perform work in a grade higher than that in which he is normally employed shall, upon the completion of twenty-six weeks ’continuous service in that capacity, either:

(a) be promoted to such higher grade; or

(b) be required to resume the work in which he is normally engaged: Provided that if the employer does not exercise his/her election, the employee shall be deemed to have been promoted to the higher grade with effect from the start of the twentyseventh week of service therein.

(7) A contract of employment shall provide in writing for a single non-renewable probationary period of not more than:

(a) one day in the case of casual work or seasonal work, or

(b) three months in any other case.

(8) Where an operation performed by an employee is not specified in the First Schedule:

(a) the employer shall provisionally place the employee in a grade; and

(b) the employer or employee shall prepare a written description of the job (including the tasks, deliverables and expertise associated with it) and forward this to the secretary within thirty days of the secretary’s provisional classification; and

(c) the secretary, after consultation with the chairperson of the Council, shall within 14 days of receipt of the request contemplated by paragraph (b), create or determine an interim classification of the operation, which shall be subject to ratification by the Council at its next meeting:

Provided that, if the interim classification by the secretary or final classification by the Council places the employee in a grade:-

(i) higher than the employee’s current grade, he shall be paid not less than the minimum wage prescribed for such higher grade, with effect from the date upon which he commenced performing the operation concerned; or

(ii) lower than the employee’s current grade, it shall be lawful to reduce his wage to not less than the minimum wage prescribed for such lower grade, with effect from the date upon which such classification is determined, unless the employee refuses to accept the lower wage, in which event:-

A. he may be given the relevant notice of termination; and

B. during the period of such notice, he shall be paid the wage he was receiving prior to such determination.

(9) No employer shall reduce the wage of an employee for any time not worked if the employee was able and willing to work and was present at his place of work but the employer was unable or unwilling to furnish him with work.

Hours of work

7.(1) This section shall not apply to commission workers save as is provided in subsection (1) of section 8, to shift workers.

(2) The ordinary hours of work for employees shall not exceed forty-five hours per week or nine hours per day.

(3).An employer may request, but shall not require, an employee to work overtime, and shall, whenever possible, give twenty- four hours notice to such employee of such request.

Provided that employees needed to render emergency work shall not decline a request to work overtime without reasonable excuse.

(4). Except in the case of emergency work, no employer shall permit any employee to work more than fifty six hours, ordinary time and overtime included, in any one week.

(5). Every employee shall receive at least one day off in each week.

(6). An employee shall not be required to work on his day off except in cases of emergency work, but no employee shall be permitted to work on his day-offs in successive weeks.

(7). No employer shall permit an employee to work for a continuous period of more than five hours without a break of at least thirty minutes.

Hours of work: Shift workers

8 (1) The ordinary hours of work for shift workers shall not exceed forty-five hours per week or nine hours in any period of twenty four hours.

(2) The employer shall provide each shift worker with a free beverage or adequate facilities for preparing a beverage, during the prescribed thirty minutes break.

(3) No employee shall be required to work two shifts in one day, except for the purposes of changing shifts or in the case of emergency work. Provided that no employee shall commence work on a new shift until at least eight hours have elapsed after the completion of his previous shift.

(4) Nothing contained in this clause shall confer any right to payment for overtime on any shift worker who is required to work two shifts in one day for the purpose of changing shifts.

(5) No shift-worker shall be kept on night shift for a continuous period of more than one week without his consent.

(6) A shift worker who is changed from night shift to day shift shall be placed on day shift for a period at least equal to the period during which he/she was on night shift, unless he or she otherwise agrees.

(7) No employee who is the natural mother of a suckling child shall be required to work a night shift without her consent.

Short time working

9.(1) No employer shall place an employee on short-time working without the prior written approval of the Works Council, the Council or the Minister , who may approve that the employees be placed on short time working for a period, to be determined by him or her, if he or she is satisfied that:-

(a) it is economically necessary for the establishment to work short time; and

(b) the establishment will be able to resume normal working hours within the foreseeable future; and

(c) it would not be in the interests of the employees to be retrenched.

(2) The employer shall give at least one week’s notice to each employee concerned of the requirement to work short time.

(3) Notwithstanding section 25, the employee may, at any time during the notice period referred to in subsection (2), give his or her employer notice of termination of his or her contract of employment as from the time when short time working is to start.

(4) During a period of short time working, an employee shall be paid for not less than the hours worked by him:

Provided that no employee shall receive less than sixty percent of his current weekly wage.

(5) Written approval issued under the provisions of subsections (1) shall state- the class or classes of employees affected and that the employer shall return such approval to the Minister upon resumption of normal hours of work.

(6) An employer shall give his employee at least one working day’s notice of resumption of normal hours of work.

Conversion of rates

10. For purposes of converting a weekly wage to:

(a) the hourly equivalent, the weekly wage shall be divided by the number of hours ordinarily worked in a week; or

(b) the daily equivalent, the weekly wage shall be divided by the number of days ordinarily worked in a week; or

(c) the monthly equivalent, the weekly wage shall be multiplied by four and one third.

Payment of overtime

11. (1) The provisions of this section shall not apply to employees who carry out work on commission:

Provided that an employee who carries out any work for commission shall be paid at least double his current hourly wage for all time worked on an off day, a Sunday or public holiday.

(2) An employer shall pay an employee as overtime pay at least one and half times the current hourly wage of that employee for any period by which the number of hours ordinarily worked is exceeded by more than fifteen minutes.

(3) Notwithstanding the provisions of subsection (2), an employer shall pay overtime on a day off at least double the current hourly wage of the employee.

(4) Notwithstanding the provisions of subsection (3), and in addition to the payment prescribed in subsection (2) of section 24, an employer shall pay overtime on an industrial holiday during the ordinary hours of work for the day of the week on which the industrial holiday falls, at least double the current hourly wage of the employee.

Deductions

12.(1)Save as provided herein, no deduction or set off of any description shall be made or allowed from any remuneration, other than a bonus, due to an employee.

(2) An employer may deduct from such remuneration:-

(a) an appropriate amount of the employee’s wage for any period during which the employee is absent from work on days other than industrial holidays or vacation leave days;

(b) by written stop-order, any contributions by the employee to insurance policies, pension funds, medical aid societies, Post Office Savings Bank account or building society savings accounts;

(c) any amount which the employer is compelled by law or legal process to pay on behalf of the employee including Union and Council dues;

(d) any amount deductible in terms of subsection (4) of section 28;

(e) the cost of any meal supplied to an employee in terms of subsection (2) of section 17;

(f) by written stop order signed by the employee in terms, any amount not exceeding twentyfive per centum of the gross wage due to such employee, in respect of- (i) money owing on goods purchased by the employee or on service rendered to the employee except when the employee has purchased from, or engaged the services of, a particular person at the direction of the employer,

(ii) cash advanced or money lent to the employee by the employer;

(iii) any payments made in error to the employee or any amount by which the employee’s wage is overpaid.

(g) at termination of employment, any balance owing to an employer by an employee for goods purchased from the employer by an employee or services rendered by the employer, or cash advanced or money lent by the employer to the employee, may be deducted from the gross remuneration due to such employee.

Payment of wages

13. (1) Every employer shall pay wages, by way of bank transfers, in cash or by cheque, to each employee, weekly or monthly, as the case may be, within three working days of due date.

Provided that payments for overtime, bonuses and allowances shall be made to each employee, weekly or monthly, as the case may be, within three working days of due date.

(2) When the services of an employee are terminated, payment of all remuneration due shall be made by the next payroll run day after such termination

(3) All remuneration shall be paid by way of bank transfers, in cash or by cheque and shall be accompanied by a wage- slip showing:-

(a) the name and grade of the employee;

(b) the wage rate;

(c) the total number of hours worked;

(d) the amount of overtime worked;

(e) any bonus or allowances;

(f) any deductions permitted in terms of section 12;

(g) the net amount received by the employee; and

(h) the period for which payment is made.

(4) Notwithstanding the provisions of subsection (3), the Minister may, on application by an employer, authorise such employer in writing to use some other means of informing his employees of the make-up of their remuneration.

Piece work, task work and work on a ticket system

14. No employer shall give out and no employee shall perform, work on

a. a piece-work basis; or

b. a task – work basis; or

c. a ticket system.

Special provisions: Commission work

15. (1) An employee working on commission shall be paid at least the minimum wage for his grade, as prescribed in the First Schedule,

(2) An employee who works on commission who works at night shall be entitled to a night shift allowance, and shall be paid in terms of subsection (3) of section 19. (3) Commission rates shall be reviewed at company level/works council at the same time industry wage negotiations are held.

Special provision: Casual employees

16. (1) The provisions of sections 11, 20, 27, and 30 shall not apply to casual employees.

(2) An employer may employ casual employees:

Provided that such employees shall be regarded as full time employees immediately on being required to work for more than six weeks in any period of four consecutive months.

(3) An employer shall pay a casual employee at least double the amount prescribed in the First Schedule for the occupation on which he is employed.

Cooked meals

17. (1) A price list of all meals supplied at the expense of the employer shall be displayed in a prominent position within every workplace.

(2) An employee who voluntarily accepts the meals referred to in sub section (1) may have the cost of such meals deducted from his wage.

Incentive scheme

18. Notwithstanding the provisions of section 14, an employer may operate an incentive scheme whereby the remuneration of an employee in excess of his prescribed wage and overtime, if any, is determined by quality of output or measurement of work performed.

Allowances

19.(1) Subsistence allowance

(a) an employee who is required to work so far from his usual place of work as to necessitate his sleeping away from home shall be paid, in addition to his wages for the time during which he is away from home-

(i) all necessary proved traveling and subsistence expenses or

(ii) such minimum for food and accomodation amount as may be agreed by the Council from time to time.

(b) An employee, who travels to and from work by bus on public holiday, shall be reimbursed travel costs at the prevailing rates.

Night shift allowance

(2) A night shift worker shall receive an allowance as may be determined by Council from time to time.

Housing and transport allowances

(3) Housing allowance and transport allowance as may be determined by Council from time to time.

Vacation leave

20. (1) In this section: “qualifying service” in relation to vacation leave accrued by an employee, means any period of employment following the completion of the employee’s first year of employment with an employer.

(2) In this clause, for the purpose of calculating the accrual of vacation leave, ‘continuous service’ includes any period of national service in terms of the National Service Act (Chapter 11:08) other than Part 1 service as defined in that Act.

(3) An employee shall, for each completed month of continuous service, accumulate vacation leave at the rate of two and half working days per month or one twelfth of his qualifying service unless more favourable conditions have been provided for in a contract of employment.

(4) For the purpose of sub-section (3), any period of more than two weeks shall be regarded as a full month and any shorter period shall be disregarded.

(5) An employee shall be entitled to proceed on vacation leave within four weeks of his application thereof:- Provided that: 

(a) where undue hardship would be caused to the employer, the employee shall be entitled to proceed on vacation leave within six weeks of his application thereof; (b) where an establishment has an annual shut down an employee may be required to take vacation leave during this shut down.

(c) an employee engaged in work with a seasonal peak may be required to take vacation leave during the off season.

(6) An employee proceeding on vacation leave may be paid his current wage, for the period of such leave, prior to his going on leave.

(7) An employee who has accumulated vacation leave may, with the consent of the employer, elect to be paid cash in lieu of leave, in addition to his current wage, in place of proceeding on such leave or any portion of it.

(8)Every employee whose employment is terminated, by himself or by the employer, for any reason whatsoever, shall be paid his current wage, and shall be entitled to be paid the cash equivalent of any accumulated leave.

(9)Any period of leave taken by an employee in terms of this section, or any additional leave granted by the employer, whether paid or not, or any sick leave taken in terms of section 23 shall not be counted for the purpose of calculating further leave.

(10) If an establishment observes a holiday or an industrial holiday, that holiday or industrial holiday shall not be offset against the accumulated vacation leave of an employee.

(11) An employee may not accumulate vacation leave in excess of ninety working days without the consent of his/her employer.

(12) An employee in his first year of employment shall accumulate normal vacation leave but may not go on such leave except with the consent of the employer.

Maternity leave

21. (1) A female employee who is pregnant and furnishes to her employer a certificate signed by a registered medical practitioner or a state registered nurse certifying that the birth of her child is likely to take place within the next forty nine days shall, at her request, be granted maternity leave from a date specified by her until at least forty-nine days after the date of birth of her child;

(2) The aggregate leave which an employee may take before and the birth of her child shall not exceed ninety eight days:- Provided that:-

(a) where the birth of her child in fact takes place after the expiry of the forty-nine days, the period of ninety eight days shall be extended without pay by the number of days that have elapsed between the expiry of such period of forty-nine days and the date of the birth of the child;

(b) where a registered medical practitioner or a state registered nurse certifies that, as a result of complications accompanying the birth of a child, the child’s mother needs to convalesce for a specified period in excess of the forty-nine days after such birth, the period of ninety eight days shall be extended without pay to include the whole of such period;

(3) Maternity leave shall be granted in terms of this clause for a period of ninety eight days on full pay to a female employee: Provided that:

(a) where a female employee fails, for any reason other than death or dismissal by her employer, to return to the employer’s service for a period at least as long as that during which she was on maternity leave, and on terms not less favourable than she enjoyed prior to going on such leave, she shall be liable for payment to the employer in consideration of such leave;

(b) the frequency of paid maternity leave that a female employee may take in terms of this clause shall not exceed once every twenty-four months and a total of three times with respect to her total service with any one employer;

(4) During the period when a female employee is on maternity leave, her normal benefits and entitlements, including her rights to seniority or advancement and the accumulation of pension rights shall continue uninterrupted in the manner in which they would have continued had she not gone on such leave and her period of service shall not be considered as having been interrupted, reduced or broken by the exercise of her right to maternity leave;

(5) A female employee who is the mother of a suckling child shall, during each working day, be granted, at her request, at least one hour or two half- hour periods, as she may choose, during normal working hours for the purpose of nursing her child, and such employee may combine the portions to which she is entitled with any other normal breaks so as to constitute longer periods that she finds necessary or convenient for the purpose of nursing her child; (6) Notwithstanding the provisions of sub- section (6), the grant of breaks during normal working time to a female for the purpose of nursing her child shall be made in accordance with the exigencies of her employment and nothing done to prevent any disruption of normal production processes or any interference with the efficient running of an undertaking or establishment shall be held to be in contravention of subsection (6).

Special leave

22. Special leave on full pay not exceeding twelve days in a calendar year shall be granted by an employer to an employee:

(a) who is required to be absent from duty on the instruction of a medical practitioner because of contact with an infectious disease;

(b) who is subpoenaed to attend any court in Zimbabwe as a witness;

(c) who is required to attend as a delegate or office bearer at any meeting of a registered trade union representing employees within the undertaking or industry in which the employee is employed;

(d) who is detained for questioning by the police;

(e) on the death of a spouse, parent, child or legal dependant;

(f) on any justifiable compassionate ground.

Benefits during sickness

23 (1) If an employee, whilst at work, claims to be unfit for work owing to sickness or accident, his/her employer shall grant such employee such facilities as may be necessary to enable such employee to be examined by a medical practitioner.

(2) Upon being medical examined, an employee shall obtain a medical certificate stating:-

(a) whether or not he/she is fit to work, and

(b) if he/she is not fit for work, the period for which he/her is likely to be unfit for work and shall produce such certificate on his/her return to work, if requested to do so by the employer.

(3) If an employee has obtained from a medical practitioner a certificate stating that he/she is unfit for work, he/she shall be paid his/her wage by his/her employer whilst unfit for work for the period stated by the medical practitioner, but not exceeding an aggregate of one hundred and eighty days in any one year of service.

(4) If an employee who has been in continuous service for six months or more:- (a) has been paid his/her wage in terms of subsection (3) for a continuous period of ninety days or for a number of periods aggregating to ninety days in any one year of service; and (b) is within that year of service, again certified by a medical practitioner as being unfit for work, he/she shall be paid half his/her wage by his/her employer for such period or periods as the medical practitioner may certify him to be unfit, but not exceeding, on aggregate, of ninety days within any one year of service.

(5) The employer shall be entitled to terminate the contract of employment upon fulfillment of the provisions of subsections (3) and (4) provided that the job is not advertised for two months and when advertised to give first preference to the ex-employee if the person is fully recovered and a doctor’s letter of fitness for duty is produced.

(6) An employee shall be entitled to the benefits of this clause unless his/her sickness was self induced or his injury was willfully inflicted.

(7) A certificate issued by a state registered nurse or suitably qualified person shall be accepted in place of a medical certificate when a medical practitioner is not available.

(8)The provisions of sub-clauses (3) to (6) shall not apply to any employee whose sickness or accident is covered by the provisions of the National Social Security Authority Act (Chapter 17:04) or the State Service (Disability Benefits) Act (Chapter 16:05) or any similar enactment relating to compensation.

(9) An employer may re-engage an employee who has exhausted sick leave as provided for in section 23.

Industrial holiday

24. (1) All days declared in terms of the Public Holidays and Prohibition of Business Act (Chapter 10:21) as public holidays shall be industrial holidays.

(2) Every employee shall be paid his normal daily wage for every industrial holiday.

(3) In cases where he is required or agrees to work on an industrial holiday, the employer shall:-

(a) grant the employee leave of absence on another day instead of the industrial holiday, and shall pay him not less than his daily wage in respect of the industrial holiday and that other day; or

(b) pay the employee for work done on the industrial holiday, in addition to paying him/her his/her daily wage in respect of the industrial holiday, for each hour of work done during the ordinary hours of work, at not less than double the hourly rate of wage of the employee.

Contract and notice

25 .(1) An employer shall inform every employee, in writing upon engagement, of the nature of his contract, including the terms relating to:-

(a) his grade;

(b) his wage and when it will be paid;

(c) provision of accommodation;

(d) the period of notice required to terminate the contract of employment;

(e) the hours of work;

(f) details of any bonus or incentive production scheme in operation;

(g) provision for benefits during sickness; and (h) vacation leave.

(2) Every contract of employment shall provide that an equal period of notice to terminate such contract shall be given by either party, which period shall be not less than:-

(a) three months in the case of a contract without limit of time, or a contract for a period of two years or more;

(b) two months in the case of a contract for a period of one year or more but less than two years;

(c) one month in the case of a contract for a period of six months or more but less than one year;

(d) two weeks in the case of a contract for a period of three months or more but less than six months;

(e) one day in the case of a contract for a period of less than three months or in the case of casual work or seasonal work;

(f) during the probationary period:-

(i) one day in the case of casual work or seasonal work;

(ii) two weeks in any other case.

It shall not be necessary for an employee to give such notice where he is unable to do so because of some emergency or compelling necessity.

(3) Subject to the provisions of subsection (5) of section 25, no employer shall give notice of termination of contract whilst the employee is off sick.

(4) Neither an employer nor an employee shall give notice of termination of contract whilst the employee is on vacation leave.

(5) Nothing contained in this section shall affect the right of the employer to dismiss n employee, or the right of an employee to terminate his employment, summarily on the grounds recognized by law as justifying instant termination of contract of employment.

(6) An employer may discharge his obligation by paying an employee his full wage and allowances for and in place of the period of notice required to be given in terms of this section.

(7) Any contract of employment which is for a stipulated period shall specify the date of starting and the date of termination thereof, and no further notice to terminate the contract shall be required from either party.

(8) An employee who has given or received notice to terminate employment shall not be required or permitted to take vacation leave during the currency of such period of notice, except by agreement, in writing, between the employer and the employee.

Continuous service

26. (1) Continuous service shall be deemed to be broken only by death, resignation, retirement or discharge of the employee concerned:

Provided that an employee who is discharged and re-engaged by the same employer within two months of such discharge shall be deemed not to have broken his continuous service.

(2) A period of absence without the permission of the employer or a period of absence of less than two months between discharge and re-engagement shall not be taken into consideration in calculating any benefit in terms of section 6, 11, 20, 23 or 29.

(3) If, upon the change of ownership of an establishment, an employee enters the service of the new owner or continues his employment in that establishment, his service with the previous owner shall be reckoned as service with the new owner, and shall be deemed not have been broken by such change of employer: Provided that, if an employee is paid by the previous owner a gratuity in terms of section 29 in respect of his service with that owner, the gratuity payable by the new owner on the death, resignation, retirement or discharge of such employee may be reduced by the amount of the gratuity paid by the previous owner.

Record of service

27. (1) An employee whose service is terminated for any cause whatsoever, may request, and his employer shall supply, a record of service

(2) The record of service supplied by the employer shall specify the period of service and the occupation of the employee.

Personal Protective equipment

28.(1) Every employer shall supply every six months, free of charge, personal protective equipment to each of his employees who in the course of his duties, is habitually exposed to inclement weather.

(2) For the avoidance of doubt the provisions of the Factories and Works Act Chapter 14:08 shall apply mutatis mutandis to this provision.

(3) Personal protective equipment supplied to an employee shall remain the property of the employer if the employer is responsible for mending, washing and otherwise maintaining such clothing.

(4) Personal protective equipment supplied to an employee shall become his property after three months of continuous service if the employee is responsible for mending, washing and otherwise maintaining such clothing: Provided that emblems and insignias provided by the employer to be worn on such equipment shall remain the property of the employer.

(5)Except where justifiable reasons exist, the cost of any clothing supplied to an employee in terms of subsections (1) and (3) which is lost or damaged may be deducted from the employee’s wages in terms of section 12: Provided that, in assessing any such cost, the employer shall make due allowance for fair wear and tear.

Gratuities on termination of employment

29. (1) An employee who has completed five or more years of continuous service shall, on the termination of such employment or death, irrespective of the circumstance of such termination or death be paid to his or her estate a gratuity of not less than the amount derived by multiplying the number of completed years of service by the appropriate percentage of his current monthly wage upon termination as set out in the Third Schedule.

(2) Notwithstanding the provision of subsection (1) no gratuity shall be payable to, the employee or in the event of his or her death, to his or her estate if the employer has made provision for such employee by means of a pension or gratuity scheme which is registered as a fund in terms of the Pension and Provident Funds Act (Chapter 24:09) and which provides benefits which are not less favourable than those prescribed in this section. Provided that employees who joined at least five years before the introduction of a pension fund shall be entitled to a gratuity for that period calculated in terms of the Third Schedule if the period had not been incorporated at the inception of the pension fund.

Copy and agreement of this notice

30. (1) Every employer shall exhibit a copy of these regulations and all amendments thereto in a place easily accessible to every employee.

(2) Every employer shall exhibit a notice in the form set out in the Fourth Schedule, showing the number of ordinary working hours per week and the normal daily times of starting and times of finishing work in his establishment for each class or group of his employees.

(3) No person shall alter, deface or remove, or cause to be altered, defaced or removed, the copy of the regulations and the notice referred to in subsections (1) and (2), respectively, save on the instruction of the employer when carrying out his responsibilities under those subsections.

Administration

31. The council shall be the body responsible for the administration of this agreement, and may issue expressions of opinion not inconsistent with the provisions for employers and employees.

Declaration

32. The Employers Party and the Trade Union Party, having arrived at the agreement set forth therein, the undersigned hereby declare that the foregoing is the agreement arrived at and affix their signatures hereto.

Signed at Harare on this day of 2013.

Mr. M. Murandu - For and behalf of the Soft Drinks Manufacturers’ Association

Mr. T. Dunira - For and on behalf of the Soft Drinks Manufacturing Workers’ Union

Mr. T. Zimondi - Chairman

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FIRST SCHEDULE (Sections 2, 3 and 4) (with effect from 01/01/13)

Classification of occupations

In bands

Minimum Monthly wage

(USD)

Band A1

Gardener (Property maintenance)

Messenger/ Office orderly/ Cook- Cleaner

Human Resources/Production Janitor/ General Hand/ Sweeper/ General Worker

Cleaner Human Resources and Manufacturing

House keeper

237.00
Band A2

Gardener (Engineering)

Canteen assistant

Packer/ Preform Packer/ Bottle packer

Picker

248.85
Band A3

Fuel attendant

Assistant spray painter/ Assistant painter

Sighter

Security guard/ Night watchman

Manual Bottler/ Bottle Fidder

Stores Assistant

Syrup Room Worker

Pallet Maker

Handy man

Assistant Welder

Lubrication Attendant/ Machine Greaser

Laboratory Assistant

Assistant machine

Operator Builder Assistant

Assistant Sign Writer

Capper

Manual Palletiser

Assistant Line Inspector

Engineering Assistant

Truck Assistant

Conveyer Minder/ Engine Room Attendant

Dispatch Assistant

261.29
Band B1

Machine Operator - Freezit

Canteen Cook/ Cook

Driver-messenger

Fork lift driver/ Fork lift operator

Cleaning supervisor

Manual Labeller/ Labeller Blower

Syrup room leading hand

Tyre Fitter

Merchandiser

Contimol Operator Shrink

Wrapper/ Unscrambler Operator

274.35
B and B2

Filler Operator/ Bottle filler

Water treatment attendant/ Water treatment operator

Checker

Workshop driver/ Driver/ Shunter Driver

Final syrup room operator/ Syrup room attendant

Factory Leading Hand

Labeler Operator

Wet Area/ Dry Area/ Blow Moulder Operator

Waste water treatment operator

Palletiser Operator

Homogenising Operator

288.07
B and B3

Machine Operator- P. E.T

Bus driver/ Bulk driver

Stores clerk/ Stock clerk

Dispatch clerk

Planned maintainance/ Time cards/ Basis/ Reconciliation clerk

Cashier- Invoicing/ Filling/ Issuing/ Receiving clerk

Boiler

Operator

Welder Production controller EDP

Refridgeration mechanic assistant

Water treatment section leader

Administration clerk (Human resources/ Warehouse)

302.47
B and B4

Spray painter/ Painter

Senior machine operator

Pastry chef/ Head chef

Carpenter

Syrup room supervisor

Signwriter

Assistant mechanic/ Mechanic assistant

Builder

Plumber

Line Inspector

Salesman

Process monitor

317.59
B and B5

Stock controller

Boiler supervisor

Welding shop supervisor

Warehouse supervisor

333.47
B and C1

Engineering/ Raw material stores controller

Production supervisor

Refridgeration mechanic

350.14
B and C2 367.65
B and C3

Electrician

Auto electrician

Mechanic/ Driver mechanic

386.03

SECOND SCHEDULE (Section 3)

DEFINITION OF POSITIONS

‘administration clerk’ means an employee who ensures that stocks are available , raises orders and do periodic stock takes;

‘assistant line inspector’ means an employee who assists in carrying out specified checks on the bottle washing conditions and package checks during bottling operations to ensure compliance to the set specifications and standards;

‘assistant machine operator’ means an employee who assists in operating a machine and checks whether machine is functioning properly

‘assistant spray painter’ means an employee who assists the spray painter in spray painting.

‘assistant welder’ means an employee who assists the welder in carrying out welding tasks.

‘auto electrician’ means an employee who is responsible for repairing and maintaining company vehicle fleet’s electrical systems to acceptable standard.

‘blow moulder operator’ means an employee who operates machinery that manufactures bottles

‘boiler operator’ means an employee who is responsible for operating a boiler to set standards;

‘boiler supervisor’ means an employee who supervises the operation of boilers to set statutes.

‘bottle feeder’ means an employee who feeds bottles to the filling machine;

‘builder’ means an employee who carries out building tasks;

‘builder’s assistant means an employee who assists the builder in all building tasks;

‘canteen assistant’ means an employee who assists in the preparation and serving of meals;

‘canteen cook’ means an employee who prepares and serves meals;

‘capper’ means an employee who carries out capping of all filled bottles;

‘carpenter’ means an employee who carries out carpentry work;

‘cashier/invoicing clerk’ means an employee who raises invoices, does reconciliation and receives cash;

‘checker/picker’ means an employee who checks customer orders, receives empties, does stock counts, and receives/issues product to customers as per invoices; ‘cleaner’ means an employee who maintains housekeeping;

‘cleaning supervisor’ means an employee who supervises subordinates in maintaining the housekeeping of the entire company,

‘conveyor minder’ means an employee who is responsible for smooth running of conveyors;

‘cook’ means an employee who prepares and serves meals in a particular area;

‘depot clerk’ means an employee who carries out clerical duties at conventional and area depots

‘dispatch assistant’ means an employee who assists in the dispatching of goods;

‘dispatch clerk’ means an employee who does clerical duties on dispatch;

‘driver’ (bus, shunter, bulk) means an employee who drives company vehicles;

‘driver messenger’ means an employee who carries out assigned tasks which involve driving from one place to another;

‘electrician’ means an employee who installs and maintains electrical equipment;

‘engineering assistant’ means an employee who assists engineers in attending to breakdowns, routine maintenance, housekeeping and managing tools; ‘engineering stores controller’ means an employee who controls engineering consumables;

‘engine room attendant’ means an employee who carries out engine room and plant equipment maintenance checks;

‘factory leading hand’ means an employee who operates the water line and help in supervision of that team on that line.

‘filler operator/bottler’ means an employee who operates the bottle filling machine

‘filling clerk’ means an employee who files documents and issues stationery

‘forklift driver’ means an employee who operates a forklift;

‘fuel attendant’ means an employee who receives and issues fuel to company vehicles according to set procedure;

‘gardener’ means an employee who is involved in the upkeep of garden;

‘general hand/worker’ means an employee who does cleans cleaning and general duties;

‘handyman’ means an employee who does general maintenance duties;

‘head chef’ means an employee who is responsible for the planning of menus and supervising all meal preparation in the canteen and also to make sure that food is prepared adequately and safely and also coordinates kitchen staff

‘homogenising operator’ means an employee who operates an homogenising machine to set standards;

‘housekeeper’ means an employee who carries out housekeeping duties;

‘issuing clerk’ means an employee who issues consumables to all user departments;

‘janitor’ means an employee who maintains hygiene in all toilets, washing and changing rooms;

‘labeler’ means an employee who operates a labelling machine;

‘line inspector’ means an employee who carries out control tests in the laboratory and on the line during manufacture of soft drinks.

‘lubrication attendant’ means an employee who is involved in the monitoring and lubrication of equipment in line with set standards;

‘machine greaser’ means an employee who is responsible for lubricating equipment and machinery;

‘machine operator’ means an employee who operates a specific machine;

‘machine operator (freezit)’ means an employee who operates machine for freezit making;

‘machine operator (PET)’ means an employee who operates a machine which produces PET bottles;

‘manual bottler’ means an employee who manually fills beverages into bottles;

‘manual labeller’ means an employee who manually applies description labels onto beverage containers;

‘mechandiser’ means an employee who assists sales in market execution;

‘mechanic’s assistant/ assistant mechanic’ means an employee who assists in the maintenance and repair of company vehicles.

‘messenger’ means an employee who is involved in the delivery of letters and serving meals;

‘office orderly’ means an employee who cleans offices and ablutions for daily use and also deliver and collects mail;

‘packer’ means an employee who packs finished product;

‘painter’ means an employee who paints;

‘painter’s assistant’ means an employee who assists the painter.

‘palletiser/manual operator’ means an employee who is involved in the stacking of products

‘pallet maker’ means an employee who makes new pallets and repairs damaged ones;

‘pastry chef’ means an employee who prepares pastries;

‘planned maintenance clerk’ means an employee who does clerical maintenance work;

‘plumber’ means as employee who carries out plumbing.

‘process monitor’ means an employee who carries out quality control, product analysis, inspection and plant hygiene;

‘production clerk’ means an employee who compiles and submits periodic production performance reports from production data;

‘production supervisor/controller’ means an employee who carries out supervision of production activities in the plant;

‘receiving clerk’ means an employee who receives and accounts for items received;

‘refridgeration mechanic’ means an employee who maintains and repairs refridgeration equipment;

‘refridgeration mechanic assistant’ means an employee who assists in maintenance and repairs of refridgeration equipment;

“sales clerk” means an employee who is responsible for the data capture of all sales invoices and produce related reports.

‘salesman’ means an employee who sales and delivers product to customers;

‘security guard’/night watchman’ means an employee who guards company premises and safeguard company assets

‘sighter’ means an employee who inspects bottles on a production line;

‘sign writer’ means an employee who does sign writing.

‘sign writer assistant’ means an employee who assists in sign writing.

‘stock controller’ means an employee who receives and effects transfers of products and empties to and from suppliers and also manage stocks;

‘spray painter’ means an employee who does spray painting;

‘stock clerk’ means an employee who carries out stock tracking exercises periodically as well as stock count;

‘stores assistant’ means an employee who assists store areas in housekeeping, receiving and issuing of raw materials;

‘stores clerk’ means an employee who does clerical work relating to stock inventory in stores;

‘supervisor’ means an employee who carries out supervision work for a team;

‘sweeper’ means an employee who is responsible housekeeping;

‘syrup room attendant/operator’ means an employee who prepares syrup;

‘syrup room supervisor/leading hand’ means an employee who supervises manufacture of syrups;

‘wages clerk means an employee who prepares wages and payroll input;

‘truck assistant’ means an employee who loads and off loads product as per instruction;

‘tyre fitter’ means an employee who maintains fleet tyres.

‘unscrambler operator’ means an employee who operates an unscramble machine.

‘warehouse supervisor’ means an employee who carries out supervision of the warehouse activities;

‘waste water treatment operator’ means an employee who is responsible for the treatment of waste water.

‘water treatment operator/attendant’ means an employee who carries out the water treatment activities;

“water treatment section leader” means an employee who supervises water treatment activities.

‘welder’ means an employee who carries out welding activities.

‘welding shop supervisor’ means an employee who supervises welding activities;

******

THIRD SCHEDULE (Section 29) GRATUITIES

Length of service Percentage of monthly wage on termination of employment
5 20
6 21
7 22
8 23
9 24
10 25
11 26
12 27
13 28
14 29
15 30
16 31
17 32
18 33
19 34
20 35
21 36
22 37
23 38
24 39
25 40
26 41
27 42
28 43
29 44
30 45
31 46
32 47
33 48
34 49
35+ 50

******

FOURTH SCHEDULE (Section 28)

FORM OF NOTICE

Name of establishment………………………………………….....................

1. In terms of the Soft Drinks Manufacturing Industry Collective Bargaining Agreement-

(a) The number of ordinary working hours per week for each class or group of employees is…………………………………

(b) The normal daily times of starting and times of finishing work for each class or group of employees are…………………

MANAGER

Soft Drinks Manufacturers Association of Zimbabwe - 2013

Start date: → 2013-01-01
End date: → Not specified
Name industry: → Manufacturing
Name industry: → Manufacture of beverages
Public/private sector: → In the private sector
Concluded by:
Names associations: → Soft Drinks Manufacturers Association of Zimbabwe
Names trade unions: →  Soft Drinks Manufacturing Workers Union

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 50 %
Maximum days for paid sickness leave: → 90 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → Yes
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 14 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → No
Prohibition of discrimination related to maternity: → No
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → 
Workplace risk assessment on the safety and health of pregnant or nursing women: → 
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → 
Time off for prenatal medical examinations: → 
Prohibition of screening for pregnancy before regularising non-standard workers: → 
Prohibition of screening for pregnancy before promotion: → 
Facilities for nursing mothers: → Yes
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → No
Paid leave per year in case of caring for relatives: → No provision days
Leave duration in days in case of death of a relative: → No provision days

EMPLOYMENT CONTRACTS

Trial period duration: → 90 days
Severance pay after 5 years of service (percentage of monthly salary): → 20 %
Severance pay after one year of service (percentage of monthly salary): → No provision %
Part-time workers excluded from any provision: → No
Provisions about temporary workers: → No
Apprentices excluded from any provision: → No
Minijobs/student jobs excluded from any provision: → No

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per day: → 9.0
Working hours per week: → 45.0
Working days per week: → 5.0
Paid annual leave: → 30.0 days
Paid annual leave: → 4.0 weeks
Paid bank holidays: → 
Rest period of at least one day per week agreed: → Yes
Paid leave for trade union activities: → -9.0 days
Paid leave to attend court or for administrative duties: → -9.0 days
Provisions on flexible work arrangements: → No

WAGES

Wages determined by means of pay scales: → No
Provision that minimum wages set by the government have to be respected: → No
Agreed lowest wage per: → Months
Lowest wage: → ZAR 237.0
Adjustment for rising costs of living: → 

Premium for evening or night work

Premium for night work only: → Yes

Premium for overtime work

Premium for Sunday work

Premium for Sunday work: → 200 %

Allowance for commuting work

Meal vouchers

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