Collective Bargaining Agreement between the Employers' Association of the Food Processing Industry and Food Processing Workers’ Union - 2011

New7

Collective Bargaining Agreement: Food and Allied Industries (Food Processing Industry Sector)

IT is hereby notified that the collective bargaining agreement set out in the Schedule has been registered in terms of section 79 of the Labour Act [Chapier 28:01).

NATIONAL EMPLOYMENT COUNCIL: FOOD AND ALLIED INDUSTRIES

COLLECTIVE BARGAINING AGREEMENT: FOOD AND ALLIED INDUSTRIES (FOOD PROCESSING INDUSTRY SECTOR)

Made and entered into in accordance with the provisions of the Labour Act [Chapter 28:01] between the Employers' Association of the Food Processing Industry (hereinafter referred to as employers” or the “employers’ organisation) of the one part and Food Processing Workers’ Union” (hereinafter to the National Employment Council: Food and Allied Industries) to lay down certain conditions of service in the Food Processing Industry of Zimbabwe;

Whereas in terms of section 79 of the Labour Act 28:01 ] the National Employment Council: Food and Allied Industries has submitted to the Registrar for registration of a collective Bargaining Agreement: Food and Allied Industries

Now, therefore, in terms of section 80 of the principal Act, the Minister of Labour and Social Welfare, hereby publishes the said collective bargaining agreement.

Title and period of operation

1.(1) This agreement may be cited as the Collective Bargaining Agreement for the Food and Allied Industries (Food Processing Industry Sector), upon registration of an agreement as a statutory: instrument.

(2) The terms and conditions of the registered collective bargaining agreement shall become effective and binding

(a) from the date of publication of the agreement in terms of subsection (1); or

(b) from such other dates as may be specified in this agreement.

Application

2.(1) This agreement shall apply to

(a) all employers in the food processing industry; and

(b) all employees in the food processing industry exceed managerial employees as defined in the Labour [Chapter 28:01].

(2) No employer or employee may waive any provision this agreement, whether or not the said provision creates a benefit to or an obligation on the employer or employee concerned. Each provision shall create a right or obligation, as the case may be independently of the existence of other provisions. In the event any provision of this agreement being inoperative or, ultra-vires, t powers of the parties of this agreement under the provision of t Act, this shall in no way affect the remainder of the agreement which shall in that event constitute the agreement.

Interpretation

3.In this agreement —

“Act” means the Labour Act [28:01] and any amendments thereto;

“agreement” means this agreement and any future agreement

between the parties to the agreement which relates to employment in the food processing industry;

“annual shut down” means a period, not less than fifteen

working days, during which an establishment may suspend operation;

“calendar month” means the- period commencing on the

first day of a month and ending on the last day of that month;

“casual employee” means an employee who is engaged by

an employer for a period of not more than six weeks in any four consecutive months;

“council" means the National Employment Council; Food

and Allied Industries Food Processing Industry Sector);

“continuous service” means subject to the provision of

section 23, the total period of unbroken service of an employee with an employer;

“day off” means Sunday or that day in the week in place

of Sunday on which an employee is not normally required to work;

“day shift” means a shift which is not a night shift;

“emergency work” means work which must be performed

immediately in order to prevent harm to the plant, the

employees, customer relations, or to nearby persons or

properties, or to perishable food commodities;

“employee" means any person who performs work or

services for another person for remuneration or reward

on such terms and conditions as agreed upon by the

parties or as provided for in the Labour Act [Chapter 28:01] and includes a person performing work or services for another person—

(a)in circumstances where, even if the person

performing the work or services supplies his own tools or works under flexible conditions

of service, the hirer provides the substantial

investment in or assumes the substantial risk of the undertaking; or

(b)in any other circumstance that more closely

resemble the relationship between an employee and employer than that between an independent contractor and hirer of services;

employer” means any person whatsoever who employs or provides work for another person and remunerates or expressly or tacitly undertakes to remunerate him

and includes—

(a)the manager, agent or representative of such

person who is in charge or control of the work upon which such other person is employed;

(b)the judicial manager of such person appointed it

terms of the Companies Act [24:03]

(c)the liquidator or trustee of the insolvent estate of

such person, if authorised to carry on the busineses: of such person by—

(i) the creditors; or

(ii) in the absence of any instructions given by the creditors, the Master of the Higher Court;

(d)the executor of the deceased estate of such person

- if authorised to carry on the business of such person by the Master of the High Court;

(e)the curator of such person who is a patient ,a

defined in the Mental Health Act [Chapter 15:12 (Act No. 15 of 1996), if authorised to carry on

the business of such person in terms of section 88 of that Act;

“establishment" means any place in which business under the food processing industry in Zimbabwe is carried on;

“food-processing industry” means, without in any way limiting the ordinary meaning of the expression,

industry in which employees are associated together for the purpose of preparing, processing, or preserving

food or food-stuffs-(which includes ice-cream and frozen confections), including the blending and packing of tea and coffee, and all operations incidental thereto, and includes the wholesale and retail sale of such products if carried on in conjuction with manufacture, preparation, processing or preservation, but excludes processing or preserving—

(a)bread, bread products, cake, buns and similar products:

(b)fresh and preserved meats;

(c)sugar, sweets and confectionery, other frozen confections;

(d) soft drinks;

(e) alcoholic beverages;

(f) foods prepared by hotels, restaurants, cafes, and like establishments for consumption on premises;

“grade” means a grade listed in the Second Schedule;

“industrial holiday” means any day prescribed as a paid holiday in terms of section 15;

“medical practitioner" means any person who is legally permitted to practice as a medical practitioner in Zimbabwe;

“night shift" means a shift the majority of hours which fall between 8 p.m. and 5 a,m;

“establishment" means any place in which business

under the food processing industry in Zimbabwe is carried on;

“food-processing industry” means, without in any way

limiting the ordinary meaning of the expression, industry in which employees are associated together for the purpose of preparing, processing, or preserving food or food-stuffs (which includes ice-cream and frozen confections), including the blending and packing of tea and coffee, and all operations incidental thereto,

and includes the wholesale and retail sale of such products if carried on in conjuction with manufacture, preparation, processing or preservation, but excludes processing or preserving—

(a)bread, bread products, cake, buns and similar

products:

(b)fresh and preserved meats;

(c)sugar, sweets and confectionery, other frozen

confections;

(d)soft drinks;

(e)alcoholic beverages;

(0 foods prepared by hotels, restaurants, cafes,

and like establishments for consumption on premises;

"grade” means a grade listed in the Second Schedule;

"industrial holiday” means any day prescribed as a paid

holiday in terms of section 15;

“medical practitioner” means any person who is legally

permitted to practice as a medical practitioner in

Zimbabwe;

"night shift” means a shift the majority of hours which fall

between 8 p.m. and 5 a.m;

“overtime” means anytime worked outside the ordinary

daily hours of work required to be exhibited in terms of section 9(2);

“parent industry agreement” means—

(a) in respect of the building trades listed in the

definition of “designated trades” therein, the agreement published in Statutory Instrument 402 of 1983, as amended or replaced from time to time;

(b) in respect of the mechanical and electrical

engineering traders listed in the definition of “journeyman” therein, the agreement published in

Rhodesia Government Notice No. 1134 of 1971, as amended or replaced from time to time:

(c) in respect of the motor trades listed in definition of

“journeyman” therein, the agreement published in Statutory Instrument 324 of 1981, as amended or replaced from time to time:

Provided that, if any agreement specified in this definition expires and is not replaced by a further

agreement, any reference to that agreement in this definition shall be construed as being a reference to that agreement as last amended prior to its expiry;

“part-time employee” means an employee who is engaged to undertake regular daily work for periods not exceeding

a total of five hours per day, or engaged on a weekly basis of not more than thirty hours per week;

“piece work” means any system by which earnings are

calculated wholly on the quantity or output of work done, irrespectively of the time spent on such work;

“region” means regions specified in the Second Schedule

of the Labour Relations (General) Regulations, 1985, published in Statutory Instrument 368 of 1985;

“seasonal work” means work that is, owing to the nature

of the industry, performed only at certain times of the year;

skilled worker's work has the meaning assigned to it in the respective parent industry agreement;

“task-work" means the setting by an employer to an

employee of stated task to be completed as a condition to earning a wage;

“ticket system" means a system whereby an employee

is engaged at a wage calculated by reference to the completion of a ticket of an agreed number of days worked or a record based on the number of days worked;

“wage" means the earnings of an employee, but does not

include any payment in respect of overtime or any bonus payment or other like benefit;

“working day" means any day other than a day-off or an industrial holiday.

Grading and wages

4 (1) An employer shall provide a job description and place each employee in a grade appropriate to his job as prescribed in the

First and Second Schedules and shall pay a wage to such an employee of at least the minimum wage prescribed for the job 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 and thereafter, is in receipt of a higher wage for his/her particular job than the wage prescribed in terms of this section shall not by reason of this agreement, suffer any reduction in his wages.

(3) On promotion to a higher grade, an employee shall be paid—

(a) not less than the wage which he/she last received prior to his/her promotion; or

(b) at least the minimum wage prescribed for such grade; whichever is the greater.

(4) An employee who is required to perform work in a lower grade than that in which he/she is normally employed shall be paid the wages applicable to the grade of work which he/she normally performs.

(5) An employee who performs work in a higher grade than that in which he/she is normally employed shall be paid the minimum wage prescribed for such higher grade for all hours worked in the

higher grade. Where an employee is required to perform work in a higher grade than that in which he/she is normally employed

and his/her wage is higher than the minimum wage prescribed for such higher grade he/she shall be paid 10 per cent, of his/her actual current wage;

Provided that an employee who is required to perform skilled worker’s work shall be paid not less than the wage applicable for

such work for all hours spent on such work.

(6) Where an operation performed by an employee is not specified in the First Schedule; —

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

(b) the employer or employee shall notify the General Secretary to the employment council; and

(c) the General Secretary, after consultation with the chairman of the employment council, shall determine an interim classification of the operation, which shall be subject to ratification by the employment council at its next meeting;

Provided that, if the interim classification by the General Secretary or the final classification by the employment council places the employee in a grade—

(a) higher than the employee’s current grade, he/she 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

(b) lower than the employee’s current grade, it shall be lawful to reduce his/her 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 grade, in which event—

(i) he/she may be given the relevant notice of termination of employment; and

(ii) during the period of such notice, he/she shall be paid the wage he/she was receiving prior to such determination.

(7) No employer shall reduce the wage of an employee for anytime not worked if the employee was able and willing and was present at his/her place of work but the employer was unable or unwilling to furnish him with work:

Provided that this subsection shall not apply to any portion of an annual shut-down or to time not worked during a period of

short-time working as provided in sections 7 and 8.

Hours of work: employees other than shift-workers

5. (1) The provisions of this section shall not apply to shift-workers and ice-cream vendors.

(2)- (a) the ordinary hours of work for employees, other than security guards, shall not exceed 45 per week:

Provided that the ordinary hours of work shall not exceed nine per day.

(b) the ordinary hours of work for security guards shall not exceed fifty hours per week:

Provided that the ordinary hours of work shall not exceed nine in any period of twenty-four hours.

(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. It shall be necessary and sufficient that such request and notice is given and displayed on the employers notice boards in the normal matter

of official communications:

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

(4) Except in a 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 clear day off duty in each week.

(6) An employee shall not be required to work on his/her day off, except in a case of emergency, but no employee shall be permitted to work on his/her days off in successive weeks.

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

Provided that such continuous period shall be deemed not to be broken by the break prescribed in subsection (8).

(8) An employer shall permit all employees to have a break of fifteen minutes between the second and fourth hour alter starting work.

Ordinary hours of work: shift-workers

6. (1) The provisions of section 5(3), (4), (5), (6) and (8) shall apply to shift workers.

(2) The ordinary hours of weak shall not exceed 45 per week:

Provided that the ordinary hours shall not exceed nine hours in any period of twenty-four hours.

(3) No employer shall permit a shift-worker to work for a continuous period of more than five hours without a break of at least fifteen minutes:

Provided that such continuous period shall be deemed not to be broken by the break prescribed in section 5(8).

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

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

(4)Nothing contained in this section 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 more than a continuous period of four weeks 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.

(7) The employer shall pay an employee who is on night shift.

in addition to his/her wages a night shift allowance.

(8)A female employee, shall hot work on night shift for the period during which she actually nurses her 'child or six months, whichever is lesser.

Retrenchment

7.(1) An employer who wishes to retrench five or more employees within a period of six months shall

(a) give written notice of his/her intention—

(i)to the works council established for the undertaking; or

(ii)if there is ho works council established for the undertaking or if a majority of the employees concerned agree to such a course, to the employment council established for the undertaking or industry; or

(iii) if there is no works council or employment

council for the undertaking concerned, to the Retrenchment Board, and in such even any reference in this section to the performance of functions by a works council or employment

council shall be construed as a reference to the Retrenchment Board or. a person appointed by the Board to perform such functions on its behalf; and

(b) provide the works council, employment council or the Retrenchment Board, as the case may be, with details of every employee whom the employer wishes to retrench and of the reasons for the proposed retrenchment; and

(c) send a copy of the notice to the Retrenchment Board.

(2) A works council or employment council to which notice has been given in terms of subsection (1) shall forthwith attempt to secure agreement between the employer and employees concerned or their representatives as to whether or not the employees should be

retrenched and, if they are to be retrenched, the terms and conditions on which they may be retrenched, having regard to the considerations specified in subsection (10).

(3) If, within one month after receiving notice in terms of subsection (1), a works council or employment council secures an agreement between the employer and employees concerned or their representatives on the matters referred to in subsection (2), the works council or employment council shall —

(a) send the employer its written approval of the retrenchment of the employees concerned in accordance with the agreement; and

(b) send the Retrenchment Board a copy of the approval.

(4) If, within one month after receiving notice in terms of subsection (1), a works council or employement council has failed to secure an agreement between the employer and the employees concerned or their representatives on the matters referred to in subsection (2), it shall refer the matter to the Retrenchment Board by sending the Board written notice of the disagreement, together with copies of all documents which the employer and employees concerned may have Submitted to the works council or employment council and copies of the minutes of any proceedings and deliberations.

(5) No employer shall retrench any employee without affording the employee notice of termination to which the employee is entitled.

(6) The Retrenchment Board shall consider any matter referred to it in terms of subsection (l)(a)(iii), or subsection (4), and, having regard to the factors referred to therein, shall, within two weeks of the matter being referred to it, recommend to the Minister, in writing, whether or not the proposed retrenchment

should be permitted and, if so, the terms and conditions upon which it should be effected.

(7) For the purpose of formulating recommendations in terms of subsection (6), the Retrenchment Board may in its discretion

invite and receive representations, whether oral or written, from any interested parties.

(8) If the Retrenchment Board fails to make a recommendation within the period specified in subsection (6), the Minister shall require the Board to forward to him/her all documents in the matter and shall, within two weeks, give his/her decision in the matter in terms of subsection (9) as if the Board had made a recommendation in terms of subsection (6).

(9)The Minister shall consider without delay any recommendation submitted to him/her by the Retrenchment Board and, having regard to the factors referred to in subsection (10), shall —

(a) approve the proposed retrenchment, subject to such terms and conditions as he/she may consider necessary or desirable to impose; or

(b) refuse to approve the proposed retrenchment;

and shall cause the Retrenchment Board, the works council or employment council, as the case may be, to notify the employer and employees concerned, in writing, of the decision in the matter.

(10) In deciding whether or not to approve the retrenchment of employees in terms of this section, due regard shall be paid—

(a)to the following general considerations —

(i)that the retrenchment of employees should be avoided so far as possible, where this can be done without prejudicing the efficient operation of the undertaking in which the employees concerned are employed;

(ii)that the consequences of retrenchment to employees should be mitigated so far as possible;

(b) to the following considerations in particular cases—

(i) the reasons put forward for the proposed retrenchment; and

(ii)the effect of the proposed retrenchment upon the employees involved, including their prospects of finding alternative employment and the terminal benefits to which they will become entitled.

Special measures to avoid retrenchment

8. (1) Every employer shall ensure that, at the earliest possible opportunity, his/her employees are kept informed of and consulted in regard to any major changes in production, programmes, organisation or technology that are likely to entail the retrenchment of any group of five or more employees in a six-month period.

(2) Subject to this section, before giving notice of intention to retrench any employees in terms of section 7, an employer

may agree with the employees concerned, or with any workers committee, works council which represents the employees, to have recourse to either or both of the following measures for a period not exceeding twelve months—

(a) subject to subsection (4), placing the employees on short-time work; or

(b) instituting a system of shifts as provided in subsection (5).

(7)The aggregate amount of permissible deductions that may be made from the remuneration of any employee in any pay interval shall not exceed twenty-five centum of the employee’s gross remuneration for that interval:

Provided that, upon termination of an employee’s service, an employer may deduct from the total remuneration due to the employee an amount equal to any balance which may be due to the employer in terms of paragraph (a), (c), (e) or (f).

Piece-work, task-work and work on ticket system

12. 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: Casual employees

13.(1) Subject to the provisions of this section, the provisions of this agreement shall not apply to casual employees.

(2)An employer may employ a casual employee and shall pay him not less than double the amount of the hourly, daily or weekly wage for the occupation in which he/she is employed.

(3)A casual employee who works for his her employer for more than six weeks in any four successive calendar months shall be deemed to be a full-time employee, and shall receive all the benefits prescribed in this arrangement. 

Special provisions: ice-cream vendors

14. (1) Subject to the provisions of this section, the provisions of these regulations, other than sections 10 and 15, shall apply to permanent ice cream vendors.

(2) The permanent ice-cream vendors receive a monthly basic salary plus commission based on the meeting of specific agreed monthly sales targets.

(3) Overtime shall not apply to permanent ice-crcam vendors.

Subsistence allowances

15.An employee who is required to work so far from his/she usual place of work as to necessitate his sleeping away from home shall be conveyed to and from such place at the employer’s expense and shall be paid in addition to his/her wage, for the time during which he/she is away from home —

(a)all necessary proved travelling and subsistence expenses; or

(b)a minimum of twenty per centum of the monthly minimum wage in the agreement per day unproved expenses.

Vacation leave

16. (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) Employees shall accumulate vacation leave at the rate of 1.92 days per month or twenty-three working days annum excluding weekends and public holidays.

(3) An employee in his/her first year of employment shall accumulate normal vacation leave, but shall not proceed on such leave during that first year, except with the direct consent of the employer.

(4) An employee shall be entitled to proceed on vacation leave within four weeks of his/her application, therefore—

(i) where undue hardship would be caused on the

employer, the employee shall be entitled to , proceed on vacation leave within six weeks of his application therefore;

(ii) where an establishment observes an annual shut- down, employees may be required to take their vacation leave during the shut-down;

an employee engaged in work within a seasonal peak may be required to take his/her vacation leave during the off-peak season.

(5) An employee shall be required to take a minimum of ten working days’ vacation leave within each twelve-month period, but the balance may be accumulated, up to a maximum of sixty-nine working days with the consent of the employer excluding weekends and public holidays.

(6) An employee proceeding on vacation leave shall, at his/her request and with the employer’s consent, receive his/her current wage for the period of such leave prior to his her going on leave.

(7) Subject to the provisions of subsection (5), an employee who has accumulated vacation leave may, with the consent of the employer, elect to be paid his/her wage for not more than half of any vacation leave, in addition to his/her current wage, in place of proceeding on such leave:

Provided that, at the time of such payment, the employee shall proceed on vacation leave for a period at least equal to the period of vacation leave for which the payment was made-.

(8) Every employee whose employment is terminated, by himself/herself or by the employer, for any reason whatsoever, 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 20 shall not be counted for the purpose of calculating further leave.

(10) When an establishment observes a holiday or an industrial holiday, other than an annual shut-down, the holiday or the industrial holiday shall not be offset against the accumulation of vacation leave of an employee.

(11) An employee who becomes ill or is injured during a period of vacation leave may cancel his/her vacation leave and apply for sick leave:

Provided that the employee returns to work with a medical certificate, so that his/her leave status can be altered.

(12)Where an employee has no vacation leave accrued, he/she may be granted vacation leave without pay.

Special leave

17. 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 instructions 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; on the death of a spouse, parent, child or legal dependant; on any justifiable compassionate ground.

Maternity leave

18.(1) Unless more favourable conditions have otherwise been provided for in employment contract or in any enactment, maternity leave shall be granted in terms of this section for a period of ninety-eight consecutive days on full pay to a female employee who has served for at least one year.

(2) On production of a certificate signed by a registered medical practitioner or State registered nurse certifying that she is pregnant, a female employee may proceed on maternity leave not earlier than the forty-fifth day and not later than the twenty-first day prior to the expected date of delivery.

(3) A female employee shall be entitled to be granted a maximum of three periods of maternity leave with respect to her total service to any one employer during which she shall be paid her full salary:

Provided that paid maternity leave shall be granted only once during any period of twenty-four months calculated from the day any previous maternity leave was granted.

(4) Any maternity leave requested in excess of limits prescribed in this section may be granted as unpaid maternity

(5) Unless the employer grant sick leave for medical reasons other than maternity, sick leave may not be granted once paid maternity leave has begun or during a period of unpaid maternity leave

(6) During the period when a female employee is on maternity leave in accordance with this section, her normal benefits and entitlements, including her rights to seniority or advancement and the accumulation of pension rights, shall continue uninterrupted have be broken terms of this agreement.

(7) 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 portion or portions of time to which she is so entitled with any other normal breaks so as to constitute longer periods that she may find necessary or convenient for the purpose of nursing her child.

(8) Any person who contavenes this section shall be guilty of unfair labour practice

(9) Notwithstanding subsections (7) and (8), the grant of breaks during normal working time to a female employee for the purpose of nursing her child shall be made in accordance with all 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 industry shall be held to be in contravention of subsection (7).

(10) A female employee shall be entitled to the benefits under subsection (7) for the period during which she actually nurses her child or six months, whichever is the lesser.

Industrial holidays

19.(1) All holidays declared in terms of the Public Holidays and Prohibition of Business Act [Chapter 10:2.1], as public holidays shall be industrial holidays.

(2) Subject to subsection (3); every employee shall be granted leave of absence on industrial holiday and shall be paid his/her current remuneration for that day on which he/shc would have otherwise have been required to work.

(3) An employer may require an employee to work on any industrial holiday, in which case he/she shall be paid in terms of section 10 in respect of time worked, in addition to the payment proscribed in section 4.

Benefits during sickness

20.(1) For the purpose of this section, Saturday shall be a working day

(2) In any employment contract or in any enactment, sick leave shall be granted in terms of this section to an employee who is prevented from attending his/her duties because he/she is ill or injured or undergoes medical treatment which was not occasioned by his her failure to take reasonable precautions.

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

(4) Upon being medically examined, an employee shall obtain a medical certificate stating

(a) whether or not he/she is fit for work; and

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

(5) If an employee has obtained from a medical practitioner a certificate to the effect that he she is unfit for work for the period stated by the medical practitioner in any one year, the following provisions shall apply —

(6) (a) during any one-year period of service of an employer shall at the request of the employee supported by a certificate signed by a registered medical practitioner grant up to 90 days sick leave with full pay.

(b) if, during any one-year period of service of an employee, the employee has used up the maximum period of sick leave, on full pay, an employer shall, at the request of the employee supported by a certificate signed by a registered medical practitioner, grant a further period of up to ninety days' sick leave on half pay where, in the opinion of the registered medical practitioner signing the certificate, it is probable that the employee will be able to resume duty after such further period of sick leave.

(c) if, during any one year period of .service, the period, or aggregate periods of sick leave exceeded:-

(i) ninety days’ sick leave on full pay;

(ii) subject to subsection (b), one hundred and eighty days’ sick leave on full and half pay;

the employer may terminate the employment of the employee concerned.

(7) An employee shall, not be entitled to the benefits of this section if his/her sickness was self-induced or his injury was self-inflicted.

(8) Where no medical practitioner is available, a certificate issued by a State registered nurse or other suitable qualified person shall be accepted in place of a medical certificate:

(9) An employee who so wishes may accrued vacation leave instead of sick leave on half pay or without pay.

(10) The provisions of subsections (4) to (8) shall not apply to any employee whose sickness or accident is covered by the provisions of the NSSA, Accident Prevention and Workers Compensation Scheme Notice, 1990 (SI 68/1990), or any other enactment relating to compensation.

Contract and notice

21) (10 Every person who is employed by or working for any other person and receiving or entitled to receive any remuneration in respect of such employment or work shall be deemed to be under a contract of employment with that other person, whether such contract is reduced to writing or not.

(2) An employer shall, upon engagement of an employee, inform the employee, in writing, of the following particulars:-

(a) the name and address of the employer;

(b) the period of time, if limited, for which the employee is engaged;

(c) the terms of probation, if any;

(d) the terms of the employment code; particulars of the employee’s remuneration, its maimer of calculation and the intervals at which it will be paid;

(e) particulars of the employee’s remuneration, its manner of calculation and the intervals at which it will be paid;

(f) particulars of the benefits receivable in the event of sickness or pregnancy;

(g) the hours of work;

(h) particulars of any bonus or incentive production scheme;

(i) particulars of vacation leave and vacation pay;

(j) particulars of any other benefits provided under the contract of employment.

(3) A contract of employment that does not specify its duration or date of termination, other than a contract for casual work or seasonal work or for the performance of some specific service, shall be deemed to be a contract without limit of time:

Provided that a casual worker shall be deemed to have become an employee on a contract of employment without limit of time on the day that his/her period of engagement with a particular employer exceeds a total of six weeks in any four consecutive months.

(4) Except where a longer period of notice has been provided for under a contract of employment or in any relevant enactment, and subject to subsections (5), (6) and (7), notice of termination of the contract of employment to be given by either party shall be —

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

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

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

(d) two weeks in the case of a contract for a period of six months or less or in the case of casual work or seasonal work;

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

(5) A contract of employment may 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; during which notice of termination of the contract to be given by cither party may be one week in the case of casual work or seasonal work or two weeks in any other case.

(6) Whenever an employee has been provided with accommodation directly or indirectly by his she employer, the employee shall not be required to vacate the accommodation before the expiry of a period of one month after the period of notice specified in terms of subsections (4) and (5).

(7) Notwithstanding subsection (4) or (5), the parties to any contract of employment may, by mutual agreement, waive the right to notice;

Provided that where the termination is at the initiative of the employer, the employee shall have a right to payment for a period corresponding to the appropriate period of notice required in terms of subsection (4) or (5).

(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 the period of such notice, except by mutual agreement, in writing.

Dismissal

22 (1) Every employee has the right not to be unfairly dismissed.

(2)An employee is unfairly dismissed —

(a) if, subject to subsection (3), the employer fails to show that he she dismissed the employee in terms of an employment code; or

(b) if, in the absence of an employment code, the employer fails to show that, when dismissing the employee, he/she had good cause to believe that the employee

was guilty of— 

(i) any act conduct or omission inconsistent with the fulfilment of the express or implied conditions of his contract .

(ii) wilful disobedience to a lawful order given by the employer's

(iii) wilful and unlawful destruction of employer's property

(iv) theft or fraud;

(v) absence from work for a period of five or more working days without leave for no reasonable cause;

(vi) habitual and substantial neglect of his/ her duties;

(vii) gross incompetence or inefficiency in the performance of his her work:

(viii) gross incompetence in the performance of his/her duties.

ix) lack of skill which the employee expressly or impliedly held himself or herself to possess.

(3) An employee is deemed to be unfairly dismissed:-

(a) if the employer terminated the contract of employment with or without notice because the employer deliberately made continued employment intolerable for the employee;

(b) if, on termination of an employment contract of fixed duration, the employee —

(i) had a legitimate expectation of being re-engaged; and

(ii) another person was engaged instead of the employee.

(4) In any proceedings before a Labour Officer. Designated Agent or the Labour Court where the fairness of the dismissal of an employee is in issue, the adjudicating authority shall, in addition to considering the nature or gravity of any misconduct on the part of the dismissed employee, consider whether any mitigation of the misconduct avails to an-extent that would have justified action other than dismissal, including the length of the employee’s  service, the employee’s previous disciplinary record, the nature of employment and any special circumstances of the employee.

Continuous service

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

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

(2) A period of absence without the permission of the employer, or a period of absence between discharge and re-engagement of less than two months, shall not be taken into consideration in calculating any benefits in terms of section 4, 19, 21 and 26.

(3) If, upon change of ownership of an establishment, an employee enters the service of the new owner, or continues his/her employment in the establishment, his/her service with the previous owner shall be reckoned as service with the new owner and shall be deemed not to have been broken by such change of employer.

Record of service

24.(1) An employee whose services are terminated, for any cause whatsoever, may request a record of service from his employer.

(2) The record of service supplied shall specify the period of service and the occupation in which such employee was employed.

Protective clothing

25(1) Every employer shall supply, free of charge, protective clothing in the form of overall, worksuit, safety shoes, or other suitable protective clothing to every employee who, in the course of his/her duties, is habitually exposed to inclement weather, or such protective clothing as is reasonably required for the operation or

occupation in which the employee is engaged.

(2) Protective clothing supplied to an employee shall remain the property of the employer if he/she is responsible for mending, washing and other wise maintaining such clothing.

(3) Protective clothing supplied to an employee shall become his/her property after three months, if he is responsible for mending, washing and otherwise maintaining such clothing:

Provided that emblem and insignia provided by the employer to be worn on such clothing shall remain the property of the employer.

(4) An employee who fails to return clothing supplied in terms of subsections (2) and (3) shall be liable for the cost of replacement, and the employer may recover such any moneys due to the employee.

(5) An employer who recovers the cost of replacement of clothing from an employee in terms of subsection (4) shall make due allowance for fair wear and tear in the assessment of such cost.

Gratuities on termination

26(1) An employee who has completed one or more years of continuous service shall, on termination of such employment, irrespective of the circumstances of such termination, be paid a gratuity of not less than the amount derived by multiplying the appropriate percentage of his/her current monthly wage on termination of employment by the number of completed years of continuous service, as set out in the Third Schedule.

(2) If an employee who has completed one year or more of continuous service dies before receiving a gratuity in terms of subsection (1), there shall be paid to his estate the sum which the employee would have received if his/her contract of employment had terminated on the day of his/her death

(2)Notwithstanding the provisions of subsections (1) and (2), no gratuity shall be payable to, or to the estate of, an employee under this section if the employer has made provision for the employee by means of a pension or gratuity scheme, registered as a fund in terms of the Pensions and Provident Funds Act, as amended from time to time, which provides benefits which are not less favourable than those prescribed in this section.

(3) Where the pension is less than the gratuity, the employer shall pay the pension plus the difference between the pension and the gratuity.

Copy of agreement and notice

27.(1) Every employer shall exhibit a copy of this agreement and all amendments thereto in a place easily accessible to every employee. In addition he-she shall provide such copies to employee representatives.

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

(3) No person shall, without lawful excuse, cause, alter, remove or cause to be altered, defaced or removed, a copy of the regulations save on the instructions of the employer when carrying out his/her responsibilities under subsection (1) or (2).

Registration andlevies

28.(1) Every employer in the sector, at the lime of coming to operation of this agreement shall, within one month of that unless it had already been done, notify the General Secretary his/her full name, postal and physical address and a summary of activities of the undertaking.

(2) All employers and employees engaged in the Food processing Industry shall, from the date of publication of this statement, pay levies to the Council and all employers shall deduct the wage or salary of each of the said employees the appropriate as directed by the Council from time to time.

(3)The levy shall be paid by the employee and employer at the prescribed rate per month.

(4) Each employer shall forward the total amount of the employee and employer’s levies on a monthly basis, to be received at the Council’s office not later than the fifteenth day of the month following that to which the levies relate.

(5) The provisions of this section shall apply to contract employees.

Exemptions

29.(1) The Council may, in its sole discretion, and upon such terms and conditions as it may determine, grant exemptions, in writing, from any of the provisions of this agreement to any employer or employee.

(2) Applications for exemption in terms of sub-section (i) shall be made, in writing, to the Council, giving reasons thereof.

(3) Any such exemption granted may be withdrawn by the Council, at any time, at its sole discretion.

Administration

30.The Council shall be the body responsible for the administration of this agreement, and may issue expressions of opinion not inconsistent with its provision for employer and employees.

Binding nature of collective bargaining agreement

31.For the benefit of all employers and employees covered under and on whom this agreement is binding, section 82(3) of the Labour Act [Chapter 28:01] provides that any person who fails to comply with the provisions of a collective bargaining agreement which is binding upon him/her shall, without derogation from any other remedies that may be available against him/her for its enforcement—

(a) commit an unfair labour practice for which redress may be sought in terms of Part XII; and

(b) be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment”.

Declaration

32.The trade union and employers’ organisation, having arrived at the agreement set forth herein, the undersigned hereby declare that the foregoing is the agreement arrived at, and affix their signatures hereto.

Signed at Harare, on behalf of the employees and the employers

on this 19th day of August 2011.

KENNETH MACHEKANO NHONGO,

Chairman of National Employment Council.

FUNGAI JENA,

General Secretary of National Employment Council.

GRACE CHINAMORA,

Food Processing Employers Association.

JULIANA MHLANGA,

Food Processing Employers Association.

PILATE MUSHANYUKI,

Food Processing Workers Union.

JOSEPH KUMBIRAI KUNASHE,

Food Processing Workers Union.

*************************************

FIRST SCHEDULE

JOB TITLES AND POSITION DESCRIPTIONS

JOB TITLE

POSITION DESCRIPTION
General Worker An employee who is engaged in any general labouring duty that is under constant supervision.
Gardener An employee engaged to undertake gardening duties around an establishment. May cut grass, trim edges, trim bushes and generally keep the area neat and tidy.
Cleaner Carries out office cleaning duties either during or after normal office hours by dusting, using mechanical cleaners, detergents and other chemical supplies.
Laundry Room

Undertakes manual work in the company laundry by in the other laundry staff in washing, cleaning, drying and ironing protective clothing and overalls.

Attendant Scale Undertakes the weighing of raw materials using a scale in order to ensure that the weights required for a production process are in the correct proportions.
Boiler Stoker Moves of coal or coke from a storage area and feeds the boiler either directly or through the medium of hoppers.
Pallet Machine Operative. Using a hydraulic hand lifting device, moves pallets on the production floor to where the finished goods or raw materials are required.
Forklift Driver Loads, lifts and moves articles on pallets or single loads within company premises.
Tractor Driver Drives a tractor inside the company premises moving various loads in and out of the production area.
Operators Class 1

Operates, under strict supervision, a variety of simple food production machines for the processing, packing and movement of beverages, food and food by-products by- undertaking simple repetitive duties and tasks.

Motor cycle Scooter Messenger

Delivers correspondence, parcels, goods etc., to customers, other organisations and institutions. Has the use of a scooter motor cycle and is usually required to obtain receipts for articles delivered. May be required to deposit money and cheques at a bank and may have some discretion on the sequence of calls made.

Copy Typist Performs straight forward copy typing or typing of routine documents from hand written drafts of existing documents.

May perform clerical work of a related nature.

Telephone switchboard attendant Operates a telephone switchboard by receiving incoming calls and transferring the calls to the extensions required.

Books long distance calls and records same. May place personal calls for staff but records the calls and indicates T.D.C. for future charges.

Cook Under supervision, prepares and cooks food for staff.

Prepares simple meals. Is not required to order supplies.

Copy Typist Performs routine typing of various documents or schedules, from hand written copy, has discretion as regarding layout Typing duties could be supplemented with routine clerical /administration duties.
Clerks Class 1 Undertake simple clerical duties which include the filing, receiving correspondence, invoices, despatch notes, returned goods slips and recording information or data onto official records and keeps records safe and secure. Works under strict supervision.
Merchandiser Merchandises company products of the company to members of the public by ensuring shelf space in various stores and supermarkets is available. Ensuring the company product is displayed to best advantage.
Demonstrator Demonstrates the company products in a variety of different ways and locations to members of the public so as to gain increased awareness of products as a marketing strategy which will result in increased sales and market penetration
Security Guard Guards the company premises on a 24 hour basis. Mans entry and exit points and ensures that goods coming into and leaving the organisation are properly documented. Searches vehicles, employees and members of the public, when necessary.
Batch preparer Prepares batches of raw materials as per the product requirement for a particular recipe and also ensures that there are sufficient raw materials available for the batch. Prepares batches of chemicals for other production processes e.g. water treatment.
Driver Light Vehicles

Drives company vehicles up to 2 300 kgs and to deliver finished goods or products. Collects raw materials when required.

Driver/ Messenger Drives company vehicles up to 2 300 kgs delivering packages and light parcels to company clients and customers.
Health attendant

Assists in a company clinic when required, but supplies chemicals, cleaning fluids and materials to ensure factory hygiene and provides a first aid response to any illness or injury to staff.

Operators Class 2 To set up, run, operate and lead subordinate staff, under supervision a variety of automated and complex food production machines which processes and packs a variety of beverage, food and food by-products.
Clerk Class 2 To undertake clerical and accounting duties such as recording information, data, accounting details, finished products etc., and other clerical requirements and to keep such records safe and secure. Must be able to carry out the duties of Clerks in Class 1.
Handyman

Plumber

Builder

Carpenter

Painter

Mechanical

Electrical

Is a skilled worker Class 2 or 3 and is able to work with minimum supervision carrying out duties such as building walls, plastering walIs, painting, putting up door frames, windows, replacing glass or undertaking minor repairs to organisational premises or equipment.
Mechanical/Electrical head To assist journeymen with minor repairs and services as required. Able to carry out skilled worker class 2 or 3 types duties under supervision.
Van salesman

To drive company vehicle up to 2300 kgs to various destinations selling company products either as pre-ordered goods or cold calling on customers on pre-determined routes in the rural areas.

Leading head (Team leader) Assisting supervisors in leading a specific work team in ensuring that the day to day operations either in production or maintenance by allocating work and supervising the end results.
Labouratory Assistant Assists with the examination of raw materials or finished product to ensure that they conform to the laid down hygiene and product specifications.
Line Inspector

To examine products being produced on a particular production line to ensure that they conform to hygiene standards laid down and to report immediately any out of standard product.

Receptionist /Typist Operates telephone switchboard by handling incoming and outgoing calls. Takes messages. Receives visitors, determines their needs and directs them accordingly.
Clerks Class 3

To undertake clerical, accounting and auditing duties at a senior level by recording information and data onto official records and reconciling various clerical elements such as accounts, bank statements, kardex or stores documents and carrying out other clerical duties as dictated.

Operators Class 3 To set up, run, operate and lead associate staff, under supervision, a variety of automated and complex production machinery. To check that production produced is against set targets and within the quality specifications laid down. Maintains machines in a hygienic and serviceable condition and reports immediately any malfunctions or product out of specification.
Salaries and Pensions Officer

Calculates wages and salaries due from records and makes appropriate deductions for medical aid, pension, income lax etc. Records relevant details- on salary/pay slips. Balances and reconciles pay roll. Submits statutory returns to the various government authorities.

Chef

Orders, prepares and serves a variety of meals, both western and traditional, in both works and staff canteens and supervises subordinate staff in the cleaning, preparation and serving of meals. Reconciles any cash sales. Prepares special requirements such at Board lunches or customer entertainment as required.

Heavy vehicle driver Drives articulated, semi-articulated, rigid vehicles in excess of 2 300 Kgs to various destinations to deliver or collect finished goods or raw materials for one organisations. Will supervise subordinate staff with the loading and unloading of the goods.
Quality Inspector

Analyses and reports on all products and goods coming into or going out of the organisation to ensure that they conform to the standards and set quality as laid down..

Cashier Receives, accounts, receipts, banks and reconciles all cash and cheques received into the organisation and records the

receipts and allocates the various amounts and customer codes to receipts so that payments can be traced.

Clerk Class 4

Undertakes clerical, accounting, costing, credit, sales, debtors, purchasing and a variety of other senior clerical duties without supervision. Reports to a Supervisor. Is considered to be at a senior level.

Bookkeeper

Maintains the records of a firm's financial transactions up to trial balance e.g. accounts receivable of accounts payable. Reports any discrepancies and carries out reconciliations.

Warehouse Supervisor

Supervises and monitors staff, slocks, security, shelf space and housekeeping duties in a warehouse. Records or ensures that all movements of stock are recorded and reconciled on a monthly basis. Undertakes stock takes as required.
Finished Goods Supervisor Supervises and monitors staff, finished goods stocks, security, shelf space and housekeeping duties in a finished goods warehouse. Issues or causes to be issued Finished Goods Stocks against sales or other requisitions. Records or ensures that all movements of stock are recorded and reconciled on a monthly basis. Undertakes stock takes as required.
Depot Supervisor

Ensures that all the depot systems are carried out efficiently. Supervises the depot staff to ensure that there are sufficient stocks available for delivery. Makes out requisitions for the replacement of stock and issues stock to either delivery vehicles or to salesman as required.

Stock Controller Supervises and monitors staff, finished goods stocks, security, shelf space and housekeeping duties in a finished goods warehouse. Issues or causes to be issued Finished Goods Stocks against sales or other requisitions. Records or ensures that all movements of stock are recorded and reconciled on a monthly basis. Undertakes stock takes as required.
Secretary.

Undertake Secretarial duties for a variety of staff in a department by typing minutes, memoranda, letters contracts or other materials as required. May attend meetings and records such and transcribes same. Organises meetings, at travel and hotel arrangements for staff. Receives visitors and telephone calls. Places order for stationery. Undertakes filing and keeps a secure filing system-for the retrieval of

materials as and when required.

Employers' Association of the Food Processing Industry - 2011

Start date: → 2011-10-19
End date: → Not specified
Ratified by: → Other
Ratified on: → 2011-10-19
Name industry: → Manufacturing
Name industry: → Manufacture of food products
Public/private sector: → In the private sector
Concluded by:
Names associations: → Employers' Association of the Food Processing Industry
Names trade unions: →  Food Processing Workers’ Union

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 75 %
Maximum days for paid sickness leave: → 180 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: → Yes
Prohibition of discrimination related to maternity: → Yes
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → Yes
Workplace risk assessment on the safety and health of pregnant or nursing women: → No
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → Yes
Time off for prenatal medical examinations: → No
Prohibition of screening for pregnancy before regularising non-standard workers: → No
Prohibition of screening for pregnancy before promotion: → No
Facilities for nursing mothers: → Yes
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → No

EMPLOYMENT CONTRACTS

Trial period duration: → 90 days
Severance pay after 5 years of service (percentage of monthly salary): → Insufficient data %
Severance pay after one year of service (percentage of monthly salary): → Insufficient data %
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
Maximum overtime hours: → 7.0
Paid annual leave: → 23.0 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: → 12.0 days
Paid leave to attend court or for administrative duties: → 12.0 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
Adjustment for rising costs of living: → 

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → No
 
Loading...