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Collective Bargaining Agreement between the Zimbabwe National Security Association and Zimbabwe Security Guard Union and Private Security Workers Union - 2012

Collective Bargaining Agreement: Security Industry

IT is hereby notified, in terms of section 80 of the Labour Ac [Chapter 28:01], that the Collective Bargaining Agreement set out in the Schedule has been registered in terms of section 79 of the Labour Act [Chapter 28:01].

SCHEDULE

NATIONAL EMPLOYMENT COUNCIL FOR THE SECURITY INDUSTRY OF ZIMBABWE

COLLECTIVE BARGAINING AGREEMENT: SECURITY INDUSTRY

Made and entered into in accordance with the provisions of the Labour Act [Chapter 28:01], between Zimbabwe National Security Association (hereinafter referred to as “the employers” or “the employers’ organization”), of the one part, and Zimbabwe Security Guard Union and Private Security Workers Union (hereinafter referret to as “employees” or “the trade unions”) for the Security Industry of Zimbabwe.

FIRST SCHEDULE: Hours of work.

SECOND SCHEDULE: Grading and wages.

THIRD SCHEDULE: Allowances.

FOURTH SCHEDULE: Gratuities.

Title and period of operation

1. (1) This agreement may be cited as tire Collective Bargaining Agreement: Security Industry.

(2) This agreement shall operate from the first day of the month following its registration until further notice.

Application

2.(1) This agreement shall apply to all employers and employees in the Security Industry whose occupation or job title is as specified within the structures and grading schedule of the National Employment Council for Security Industry.

(2) No employer or employee may waive any provision of 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 of any provision of this agreement being inoperative or, ultra vires, the powers of the parties or the Act or regulations made thereunder, either before or after registration of this agreement under the provisions of the 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 [Chapter 28:01]-,

“assistant inspector” means a uniformed supervisor who supervises guards and supervisors up to the rank of sergeant major;

“bicycle’ without in any way limiting its ordinary meaning, includes a tricycle and a delivery tricar and also includes a perambulator, a go-cart, a scooter, an express wagon, a pedal-car and any other similar wheeled vehicle propelled by hand or by foot;

“calendar month” means the period commencing on the first day of a month and ending on the last day of that month;

“caretaker” means somebody charged by his/her employer with the care and security of premises, plant, equipment and property, but excluding maintenance and repairs; in addition is responsible for the control of keys and checking the observance of security instructions;

“casual employee” means an employee whose engagement is for a period of not more than six weeks in any three successive months;

“chief inspector” means a uniformed supervisor who supervises security guards and supervisors up to the rank of inspector;

“chief security officer” means a supervisor who supervises security guards and supervisors up to the rank of security officer;

“CIT crew” means trained security personnel in handling and conducting cash in transit duties;

“closed circuit television (CCTV) officer” means an employee who activates and monitors computerized cameras;

“commissionaire” means an employee who directs visitors to buildings and records the times of their entries and exits therefrom;

“commission-worker” means an employee whose earnings are partly based on the quantity or value of goods sold by him/her or services rendered by him/her on behalf of his/her employer;

“continuous service” means the total period of unbroken service of an employee with the same employer, as prescribed in section 23;

“contract worker” means an employee who is engaged for a specific period, tasks or projects and whose employment shall be for a period in excess of six weeks;

“corporal” means a uniformed supervisor who supervises guards and supervisors up to the rank of lance corporal;

“council” means the National Employment Council for the Security Industry;

“day-off’ or “days-off’ means, in the case of—

(a) an employee working six days per week. Sunday or that day in the week in lieu of Sunday on which the employee is not normally required to work;

(b) an employee working five days per week, Saturday and Sunday, or those days in the week in lieu of Saturday and Sunday, on which the employee is not normally required to work:

Provided however, that where an employee is normally required to work a six-day week but his/her employer elects to allow him/her to work a five-day week while still paying him/her for the six-day, the sixth day shall not be considered a day-off;

“day-shift” means a shift which is not a night shift; "deserter” means a security employee who leaves his/her post before being relieved with the intention of not returning for duty or post;

“driver (class 1)” means a driver whose duties require him/ her to possess a bus driver’s licence-class 1;

“driver (class II)” means a driver whose duties require him/ her to possess a heavy-duty driver’s licence class 2; “driver (class III)” means a driver whose duties require him/ her to possess motor-cycle or motor-scooter driver’s licence class 3;

“driver (class IV) means a driver whose duties require him/ her to posses a light vehicle driver’s licence-class 4’;

“due date” is the day set aside by mutual agreement between the employer and the employee for any transactions; “emergency work” means work which must be performed immediately in order to prevent harm to any plant or employees, or plant or employees of a customer, or to nearby persons or properties;

“employee” means any person employed by or working for any employer in the Security Industry of Zimbabwe, who receives or is entitled to receive any remuneration in respect of such employment or work;

“employer” means an employer as defined in the Act, who is engaged in or provides employment for persons in the Security Industry of Zimbabwe;

“establishment” means any place in which the business under the Security Industry of Zimbabwe is carried on;

“fixed term contract” means a contract of employment that has to operate within the agreed period that shall not exceed ninety (90) consecutive days in any six months in any calendar year (in terms of subsection one, either party shall give notice of termination of contract in terms of the act);

“general hand” means an employee who perform any of the small menial task such as office cleaning; packing; lawn cutting; car wash; delivery of internal mail and documents; “grade” means a grade listed in the Second Schedule; “gunner” means a security personnel who is satisfactorily trained in firearm/gun handling and use;

“industrial holiday” means any day prescribed as a paid holiday in terms of section 19;

“inspector “ means a uniformed supervisor who supervises guards and supervisors up to the rank of assistant inspector; “investigator” means an employee who, under the supervision of management, checks the work of tracers and attempts to locate defaulting credit customers, and whose duties may include interpreting and, under supervision of management, investigations and interviews in connection with customers’ complaints but does not include the collection or receipt of money; “investigator (private security operation)" means a plain clothes employee engaged in carrying out investigations; “invoice clerk” means an employee who is responsible for making out invoices before or after goods have been dispatched;

“lance corporal” means a uniformed supervisor who supervises guards up to the rank of senior guard;

“leave-pay” means a wage due for the period of paid vacation leave to which an employee is entitled;

“medical practitioner’’ means any person who is legally permitted to practice as a medical practitioner in Zimbabwe; “messenger” means an employee engaged wholly or substantially in any or all of the following duties: delivering and/or conveying letters, parcels, goods or messages on foot or by means of a bicycle, tri-cycle or similarly propelled vehicle or a motor vehicle; “month” without in any way derogating from the provision of section 28(6)(c) of the Interpretation Act [Chapter 1:01], means a period of time from any day in a month

to the day of the preceding number or nearest thereto in the following month;

“night-shift” means a shift the majority of hours of which fall between six o’clock in the evening and six o’clock in the morning;

“office” means any place in which accountancy, bookkeeping, clerkage, correspondence, shorthand or typing is performed and includes a cash-desk;

“ordinary hours” means the hours of work agreed in the contract of service of an employee;

“overtime’’ means any time worked outside ordinary working hours; “parent industry agreement” means Security Industry Collective Bargaining Agreement;

“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 work done under any system by which earnings are calculated wholly on the quantity or output of work done, irrespective of the time spent on such work; “private security occupation” means the employees of a private investigator or security guards, licensed in terms of the Private Investigators and Security Guards (Control) Act [Chapter 27:10\,

“receptionist” means an employee engaged mainly in receiving customers or clients in preparation to such customers or clients being attended to by some other employee or the employer, or who makes appointments with customers or clients on behalf of some other employer or the employer, and whose duties may include the operating of a telephone appliance;

“roster clerk” means an employee, who is responsible for monitoring roster and listing names of people and their respective duties;

“roster officer” means an employee who is responsible for the supervision of roster clerk;

“same employer” in relation to a particular employee, includes, in the case of the sale of any business, the new owner, management or employer, as the case may be, and, in the case of the death of an employer, the legal representative, heir or legatee of that employer and, in the case of insolvency, or liquidation of an employer, the trustee or liquidator, as the case may be, who continues to carry on the business and to employ that employee therein;

“security guard” means an employee whose duties shall be the protection of property and persons; manning of access and exit points with a view to preventing pilferages; thefts and unauthorized entries and exits by physically checking, searching and verifying; including the duties carried out by agate keeper, watchman, farm guard and in-house/internal security guard;

“security industry” means the private security occupation in which organizations are established to provide, on a commercial basis, a security service as defined under section 3 and 4 of the Private Investigators and Security Guards (Control) Act [Chapter 2 7:10], as may be amended from time to time;

“security officer” means an employee who assists the manager in the running of the security organisation employee and who supervises guards and supervisors up to the rank of chief inspector;

“sergeant” means a uniformed supervisor who supervises guards and supervisors up to the rank of corporal;

“sergeant major” means a uniformed supervisor who supervises guards and supervisors up, to the rank of sergeant; “senior guard” means an experienced security personnel who has continuously served for more than five years of service;

"shop" means any building or portion thereof, structure, room, market-stall, tent, booth or vehicle or any place which is used temporarily or permanently for the sale therein, therefrom of goods or merchandise, or for the display of samples, and includes a hairdresser's or barber's salon, but does not include railway refreshment rooms, passenger-trains or places licensed to sell intoxicating liquor for consumption on the premises, or any premises licensed under any law for the sale or manipulation of unmanufactured tobacco, or store;

“stock-taking” means the periodical examination and valuation of all stock or goods in a shop or other place of business;

“specialised training” means additional training over and above standard guard training; to cater for special circumstances that may occur within the security industry such as firearm handling and dog handling;

“supervisor” means an employee who is specifically charged with the responsibility for the conduct of sales, the safe custody of stock and the conduct of business with the public within demarcated section or sections of the premises, or respect of any specific class or classes of merchandise in the establishment, and who is, in addition, placed in full or partial supervisory control of at least three shop salesmen,employed in such section or sections, or in connection with such class or classes of merchandise;

“wage” or “salary” means the earnings of an employee but does not include a travelling or subsistence allowance or any payment in respect of overtime, or any bonus, or other like benefit;

“week” means seven consecutive days, commencing at midnight on any day fixed by the employer;

“working day” means any other day other than a day or days off or a holiday;

Grading and wages

4.(1) Subject to the provisions of subsections (2) and 3), an employer shall place each employee in a grade appropriate to his/ her occupation, and shall pay a wage to such an employee of not less than the minimum amount prescribed in the Second Schedule for the occupation of the employee, and no employee shall accept a wage amounting to less than that amount, and the provisions of this subsection shall apply to employees of the Licensed Security Organisation.

(2) A casual employee shall be paid for each hour at an hourly rate commensurate to the grade.

(3) A part-time employee shall be paid, for each hour at an hourly rate commensurate to the grade.

(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 wage prescribed in terms of this section shall not, by reason of this agreement, suffer any reduction in his/her wage.

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

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

(b) not less than the minimum wage prescribed for such higher grades; 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 wage applicable to the grade or work to which the employee normally performed before the requirement to perform work in a lower grade.

(5) An employee who is appointed, in writing, to cany out the full responsibilities of a job in a higher grade than that in which he/she is normally employed for a period of at least one full working day. shall be paid the minimum wage applicable to such higher grade for each day spent working in the higher grade:

Provided that where an employee acts in a higher grade post which is vacant, this shall not be for a period of more than three months.

(6) An employee who is required and permitted to perform work in occupations listed in more than one grade shall be paid the minimum wage prescribed for the highest grade in which such an employee is required and permitted to work.

(7) An employer shall not 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/her place of work but the employer was unable, or unwilling to furnish him/her with work.

(8) Where duties performed by an employee are not specified in the Second Schedule—

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

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

(c) the General Secretary shall convene a Job Evaluation Committee meeting which shall determine an appropriate grade for the specified duties:

Provided that if the classification by the Job Evaluation Committee 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 on which the classification is determined;

(ii) lower than the employee’s current grade, it shall be unlawful to reduce his/her wage.

Ordinary hours of work

5. (1) The ordinary hours of work for officers employed in the private security occupation shall, not exceed forty-eight hours per week, shall not exceed twelve hours in any period of twenty-four hours and shall not exceed 208 hours in a month.

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

(3) No employer shall permit an employee, employed in the private security sector to work for a continuous period of more than five and a half hours without a reasonable break for a meal.

(4) No employer shall permit an employee to work for more than six days a week:

Provided that where an employee works on a holiday, he/she shall be paid in accordance with the provisions of section 7(3)(b).

Conversion of rates

6. For the purposes of converting a weekly, fortnightly or monthly wage to—

(a) the weekly equivalent of a monthly wage, the monthly wage shall be divided by four and one-third; or

(b) the fortnightly equivalent of a weekly wage, the weekly wage shall be multiplied by two; or

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

(d) the daily equivalent of a weekly wage, the weekly wage shall be divided by five in the case of employees who work a five-day week; or

(a) the daily equivalent of a monthly wage, the monthly wage shall be divided by twenty-two in the case of employees who work a five-day week.

Payment of overtime

7.(1) 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 an employee needed to render emergency work or stock-taking shall not decline such request without a reasonable excuse.

(2) An employee shall—

(a) be paid in terms of subsection (3) for all hours worked on overtime; or

(b) by mutual agreement, be allowed time off by the employer during normal working hours, equivalent to—

(i) one and a half times the amount of time worked in excess of the normal working hours on a working day of the week; or

(ii) double the time worked where the time worked was on a day the employee would normally be off.

(3) Subject to the provisions of section 6, where an employee is entitled to be paid overtime, he/she shall be paid in respect of each hour worked—

(a) in excess of normal working hours on a working day of the week, at one and a half times his/her current hourly wage; or

(b)on a day off or holiday, at double his/her current hourly wage.

(4) For the purposes of calculating payments in terms of subsection (3), any period of a quarter of an hour but less than half an hour shall be counted as half an hour, and any period more than half an hour shall be regarded as an hour, but any period less than a quarter of an hour shall be disregarded.

Deductions

8.(1) No deduction or set-off of any description shall be made or allowed from any remuneration, except—

(a) where an employee is absent from work on days other than paid holidays or vacation leave, a pro rata amount of his/her wage only for the period of absence; or

(b) by a written stop order for contributions to holiday, benevolent, provident, pension or sick benefits funds, medical-aid societies, insurance policies, post-office savings accounts, building society savings accounts or subscriptions to a trade union; or

(c) by written consent of an employee, for money owing for goods supplied by an employer or for repayment of money lent, including interest thereon, if any, by the employer; or

(d) amounts which the employer is compelled by law or legal process to pay on behalf of an employee; or

(e) any amount in terms of subsections 30 and 32; or

(f) amounts recovered for payments made in error or overpayment of wages; or

(g) where a local authority raises a levy on the employer for fuel consumed by an employee housed in a hostel irrespective of whether levy is raised as a separate item or as an element in a composite rental, an amount not exceeding twenty cents per month; or

(h) where an employer pays for an employee’s accommodation by consent of the employee, the amount so paid; or

(i) any amount deducted or withheld in terms of section 30(4); or

(j) in the case of a cashier, with his/her written consent, an amount equal to any shortfall in money under his/her control, and for which he/she is required to account to his/her employer:

Provided that the amount of such shortfall shall be proved to the satisfaction of the cashier; or

(k) payment for services and supplementary' charges legally levied and for lease of land on which to build a room or a house; or,

(l) deductions in terms of section 17(2).

(2) Where an employer makes deductions on behalf of a trade union or other third party, he/she shall remit such deductions to the trade union or other third party concerned not later than the 15th day of the month following that to which deductions relate.

(3) No employee shall be required to make good any bad cheques cashed, unless such cheques are cashed in violation of posted store rules and/or regulations.

Payment of wages

9.(1) Every employer shall pay wages to each employee, weekly, fortnightly or monthly, as the case may be, on or by the due date.

(2) Payments for overtime, bonuses and allowances shall be made to each employee, weekly, fortnightly or monthly, as the case may be, within fourteen working days of the due date:

Provided that an employee whose contract terminates before his/her ordinary pay-day shall be paid not later than the next business day after the date of termination of his/her contract.

(3) All remuneration shall be paid either by crediting an employee’s bank account or by cheque or in cash, and shall be accompanied by a wage slip showing—

(a) name of the employer;

(b) the name and grade of the employee;

(c) the wage rate;

(d) the period for which the payment is made;

(e) the total number of hours worked;

(f) the amount of overtime;

(g) the amount of any other payment, bonus, commission or allowances, irrespective of whether paid to or on behalf of the employee:

(h) any deductions authorized in terms of section (8); and

(i) the net amount received by the employee.

(4) No employer shall give, and no employee shall accept any consideration other than cash or cheque in payment of a wage.

(5) If an employee considers that the payment made to him/ her is less than the net amount reflected on the accompanying wage slip, he/she shall notify his/her employer at the time when payment is made.

Time and wage records

10. Every employer shall keep a record of all employees showing the following particulars —

(a) name in full and I.D. particulars;

(b) occupation and grade;

(c) number of daily hours worked;

(d) rate of wage or salary;

(e) amount due for ordinary time worked;

(f) hours of overtime worked;

(g) amount due for overtime;

(h) gross total of ordinary and overtime wage or salary;

(i) deductions;

(j) net wage or salary due.

Special provisions: commission-workers

11.(1) A commission-worker shall be paid such commission and on such a basis as agreed with his/her employer in writing:

Provided that, if the commission paid to any commission- worker, within normal workinghoursofworkinanyonemonth.is less than the minimum wage for his/her grade, or, where applicable, the part- time equivalent thereof, the employer shall pay to such a commission- worker, a further amount to bring his/her total remuneration up to at least the appropriate minimum wage or part-time equivalent thereof.

(2) For all other purposes of these regulations, a commission- worker shall be deemed to be earning the minimum wage for his/her grade.

Bicycle allowance

12. An employee who is required by his/her employer to use own bicycle shall be paid an allowance as per Third Schedule.

Dog handler's allowance

13. An employee who, in the course of his/her duties is required by his/her employer to have a guard dog accompanying him/her shall receive an allowance as per Third Schedule.

Gun and cash in transit allowance

4.(1) An employee who in the course of his/her duties is required by his/her employer to carry a firearm shall receive an allowance as per Third Schedule.

(2) An employee who in the course of his/her duties is required by his/her employer to carry out cash-in-transit duties shall receive an allowance as per Third Schedule.

Housing allowance

5. An employer shall provide housing allowance to an employee in the absence of the provision of accommodation and shall pay the allowance as per Third Schedule.

Transport allowance

16. An employer shall provide transport allowance to an employee, in the absence of the provision of transport, and shall pay the allowance as per Third Schedule.

Cooked meals

17.(1) Where an employer supplied meals, he/she shall display the cost of such meals in a prominent position in the canteen.

(2) An employee who voluntarily accepts such meals may have the cost of such meals deducted from his/her wage.

Outside work

18. No employee, other than a part-time employee or a casual employee, shall solicit, take orders for, undertake or perform any work of a similar capacity to that in which he/she is normally employed, on his/her own account, or on behalf of any other person or firm, for gain, without the written consent of his/her employer.

Transfer of employee

19. An employee who is transferred from his/her usual place of work permanently shall be notified of such transfer thirty days in advance and shall be and his/her family and property be conveyed to such a place at the employer’s expense and shall be provided with suitable board and accommodation at the employer’s expense for a period of thirty days at the new place of work.

Subsistence, accommodation and travel allowances

20.(1) An employee who is required to work more than twenty five kilometres from his/her normal place of work, which necessitates his/her sleeping away from home, shall be paid in advance, if he so requests, a subsistence allowance approved by the employer in consultation with the employee to provide for—

(a)all necessary proved travelling expenses; or

(b) unproved expenses—

(i) where neither accommodation nor food is provided, an amount as per Third Schedule; or

(ii) where food is provided an amount as per Third Schedule; or

(iii) where accommodation is provided but not required, an amount as per Third Schedule.

(2) Where transport is required to convey an employee referred to in subsection (1), the form of transport to be used shall be mutually agreed upon by the employer and the employee, and payment shall be as follows—

(a) where public transport is used, an employee shall be paid the cost of such transport; and

(b) where an employee uses his/her own vehicle he/she shall be paid a rate per kilometre which shall be mutually agreed upon:

Provided that an employee travelling outside his/her ordinary hours of work shall not be paid for such time spent in travelling, unless mutually agreed upon between such employee and his/her employer.

(3) An employee who is required to work so far from his/ her usual place of work as to necessitate his/her sleeping away from home, shall be conveyed to and from such place at the employer’s expense, and shall be provided with suitable board and accommodation or shall be paid, in addition to his/her wages for the period during which he is away from home, all necessary out-of-pocket travelling and subsistence expenses:

For the purposes of this subsection, “usual place of work” means the headquarters or branch headquarters of the employer.

Vacation leave

21.(1) If the services of an employee who has completed two months of continuous service is terminated, for any cause whatsoever, he/she shall be paid for each month of such service in accordance with subsection (2).

(2) An employee shall accumulate vacation leave at the rate of two and half days for each month worked.

(3) An employee may take a portion of any vacation leave accrued to him/her, and shall retain his/her right to any vacation leave not taken.

(4) An employee shall be entitled to proceed on vacation leave within thirty days of his/her application thereof:

Provided that where undue hardship would be caused to the employer the employee shall be entitled to proceed on vacation leave within six weeks of his/her application thereof; provided such an employee is a skilled worker difficult to replace on short notice.

(5) An employer shall be entitled, on giving one month’s written notice, to require an employee to proceed on his/her accrued vacation leave, or any portion thereof, at any time convenient to the employer.

(6) No employer shall permit an employee to accumulate vacation leave during a period of two years of continuous service with the same employer, without the employee proceeding on such accrued leave or any portion thereof, whether he/she works a forty- five hour or forty-eight hour week, with weekend and public holidays being included when calculating the total number of leave days.

(7) Subject to the provisions of subsection (9), and with the consent of his/her employer, an employee may elect to accumulate vacation leave in excess of thirty or thirty-six working days, as the case may be.

(8) If an employee who works a five-day week has accrued 90 days’ vacation leave and is not permitted by his/her employer to take the full 90 days’ leave on the date of accrual of such leave, he/she shall be remunerated by cash in full for the 90 days leave accrued or part thereof.

(9) An employee who has accumulated vacation leave may, with the consent of his/her employer, elect to be paid cash in lieu of his/her taking such leave at current rate.

(10) An employee proceeding on vacation leave shall, be paid, on request thirty days prior to his/her going on leave his/her wages up to date, and his/her current wage allowances for the period of such leave.

(11) In calculating any period of leave, any public holidays listed in the Schedule to the Public Holidays and Prohibition of Business Act [Chapter 10:21], shall be reckoned as part of such leave.

(12) 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 24, shall be counted as continuous service for the purpose of calculating leave.

(13) For the purposes of calculating any period of leave or pay in lieu of leave, a year shall be reckoned from the date on which an employee commences service with an employer or in terms of subsection (2) for any period less than one year.

(14) For the purpose of leave pay, the pay for one day shall be calculated in terms of section 6,

(15) The leave pay of an employee shall be calculated on his/her current wage at the time of proceeding on such leave.

(16) For the purposes of calculating any period of leave or pay in lieu of leave, an investigator, security guard, lance-corporal, corporal, sergeant, sergeant-major and security officer employed in the private security occupation, shall be deemed to work a forty-eight hour week.

(17) An employee, whose service is terminated for any cause whatsoever, shall be paid the cash equivalent of any leave which he/ she has accrued and the amount of such payment shall be based on his/her current wage.

(18) If any employee is absent from work because of illness or any cause beyond his/her own control, proof of which shall rest on him/her, such period of absence may not be paid.

(19) An employee who loses a relative due to death, on request, shall proceed on compassionate paid leave for a period of up to a maximum of five days per bereavement but not exceeding a cumulative total of twelve days in any calendar year.

Industrial holidays

22.(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) Subject to the provisions of subsection (3), every employee shall be granted leave of absence on industrial holidays and shall be paid his/her normal daily wage for every industrial holiday.

(3) An employer may request an employee to work on an industrial holiday, in which event he/she shall either—

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

(b) pay the employee for work done on the industrial holiday, for each hour of work done during the ordinary hours of work of the employee for the day of the week on which the industrial holiday falls, not less than his/her normal wage plus an additional amount equal to his/her normal wage:

Provided that, insofar as the private security occupation is concerned, this amendment shall be deemed to have come into force with effect from date of publication of this agreement.

Benefits during sickness

23.(1) The provisions of this section shall also apply to casual and part-time employees.

(2) If an employee, whilst at work claims to be unfit for work, owing to sickness or accident, the employer shall give the employee sufficient time off to enable such employee to be examined by a medical practitioner.

(3) If an employee is incapacitated by sickness or injury, he/ she shall be entitled to receive his/her current full wage and allowances during such incapacity for a period not exceeding, in aggregate, in any one year of service 90 days:

Provided that—

(a) he/she is not entitled to any compensation or other payment in respect of such sickness or incapacity under 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; and

(b) his/her sickness was not self-induced or his/her injury was not willfully self-inflicted; and

(c) he produces a medical certificate to justify such absence for any period exceeding three working days; and

(d) such paid sick-leave shall not be cumulative from one year to another; and

(e) such sick-leave shall not be considered as vacation leave.

(4) If an employee—

(a) has been paid his/her wages in terms of subsection (3) for a continuous period of 90 days or for a number of periods aggregating 90 days in any one year of service, if he/she works a 48 hour week; or

(b) has been paid his/her wages in terms of subsection (3) for a continuous period of 90 working days or for a number of periods aggregating 90 working days in any one year of service, if he/she works a five-day week; and

(c) is within that year of service, again certified by a medical practitioner as being unfit to work; he/she shall be paid half his/her wage by his/her employer for such further period or periods as the medical practitioner may certify him/ her to be unfit, but not exceeding, in aggregate, 90 days, as the case may be, within any one year of service.

(5) An employee shall not be entitled to any additional sick- leave in terms of subsection (4) —

(a) if he is entitled, in terms 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, to any compensation for the incapacity under which he/she is labouring; or

(b) if his/her sickness was self induced or his/her injury was willfully self-inflicted.

(6) If an employee is absent from work for more than three consecutive days due to illness or accident, whether such sick-leave is paid or not, he/she shall cause a medical certificate to be sent to his/her employer to advise his/her employer the probable duration of his/her absence.

(7) Where no medical practitioner is available, a certificate issued by a State registered nurse or State certified nurse or a suitably qualified person employed in a State or municipal clinic shall be accepted in place of a medical certificate:

Provided that, where the period of sick-leave exceeds fifteen working days, the employee shall be required to furnish a certificate issued by a medical practitioner.

(8) The employer shall be entitled to terminate the contract of employment upon fulfillment of the provisions of subsections (3) and (4).

Maternity leave

24.(1) Maternity leave shall be granted to female employees for a period of 98 days on full pay.

(2) An employee shall be entitled to a maximum of three periods of maternity within her total service to any one particular employer and provided that “Still Birth” shall not be considered as a birth, but sick leave shall be granted in terms of this CBA for the period of such maternal illness. An employee shall be entitled to a maximum of one period of maternity leave within a period of two years to any one particular employer.

(3) A breast feeding mother shall be given one hour nursing time per day for six months commencing from her resumption of duty from maternity leave.

(4) All Saturdays, Sundays and gazetted public holidays falling within a period of maternity leave shall be counted as part of the maternity leave.

Contract and notice

25.(1) An employer shall inform every employee, in writing, on engagement, of the nature of his/her contract, including—

(a)his/her grade; and

(b) his/her rate of pay, its manner of calculation and when it will be paid; and

(c) provision for accommodation, if any; and

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

(e) the hours of work; and

(f) the details of any allowance; and

(g) vacation leave and vacation pay; and

(h) provision for benefits during sickness or pregnancy; and

(i) name and address of the employer; and

(j) the period of time if limited for which the employee is engaged; and

(k) terms of probation if any; and

(l) terms of any employment code; and

(m) particulars of any other benefit provided under the contract of employment.

(2) The first four weeks of any silent contract of service shall be in probationary period, unless the employer and employee agree, in writing, to such period being some other duration, not exceeding ninety consecutive days, and during the probationary period, the contract shall be terminable on twenty-four hours’ notice by either party.

(3) If the probationary period of service is terminated during or at the end of such service, the employee shall be entitled to be paid a wage commensurate to the grade for the period from commencement of the probation to the termination of service.

(4) If the probationary period is not terminated during or at the end of such service, the employee shall be deemed to be a full¬time monthly paid or weekly paid employee, as the case may be.

(5) An employer or an employee may terminate the contract of employment by giving notice in terms of the contract, but such notice shall be—

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

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

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

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

(d) 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.

(2) Where a dispute arises between an employer and an employee as to what constitutes an emergency or a compelling necessity, the dispute shall be referred to the Council.

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

(4) If the employee deserts or wrongfully terminates his/her employment without due notice, the employer shall pay such employee for the period during which he/she duly carried out his/her duties.

(5) When an employer or an employee gives notice of termination of service, a shorter period of notice may be mutually agreed upon, and shall be in writing.

(6) An employee who has given or received notice to terminate his/her employment shall not be required to take vacation leave during the period of such notice.

(7) Subject to the provisions of subsection (12) no employer or employee shall give notice of termination of service to run concurrently with sick-leave or vacation-leave.

(8) Subject to the provisions of subsection (5), no employer shall give notice of termination of employment whilst the employee is sick or disabled, unless or until such employee has been absent for a continuous period of not less than 180 days.

(9) Any contract of employment which is for a fixed duration shall specify the date of commencement and the date of termination thereof, and no further notice to terminate the contract shall be required from either party.

(10) An employer may terminate the contract of employment with an employee in terms of the code of conduct.

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 reengaged by the same employer within two months of such discharge shall be deemed not to have broken his/her continuous service.

(2) If an employee who is absent from work without permission from his/her employer is allowed to continue his/her employment within two months of such absence, he/she shall be deemed not to have broken his/her period of continuous service.

(3) If, upon the change of ownership of an establishment, an employee enters the service of a 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 broken continuous service by such change of employer:

Provided that, if, upon the change of ownership of the establishment, an employee was paid by the previous owner gratuity in terms of section 30 in respect of his/her service with the previous owner; on the death, resignation, retirement or discharge of such employee in the employ of the new owner; his/her gratuity may be reduced by the amount of the gratuity paid by the previous owner.

Record of service

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

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

Protective clothing and uniforms

28.(1) An employer shall supply, free of charge, to each employee in the private security occupation, an identity card in terms of section 14 of the Private Investigators and Security Guards (General) Regulations, 2007, published in Statutory Instrument 156 of 2007, and every item of uniform applicable to his/her rank, specified by the law to be worn for the satisfactory performance of his/her duties.

(2)Every employer shall supply, free of charge, a water-proof cap, overcoat or other suitable protective clothing to every employee who, in the course of his/her duties, is habitually exposed to inclement weather.

(3)- (a) the employer shall provide 1 kilogram laundry soap to every uniformed employee every calendar month for the laundry of the uniform by the employee;

(b) the employer shall provide 50 millilitres of shoe polish every two months to every uniformed employee for the upkeep of shoes.

(4)Where the employee loses protective clothing, uniforms and equipment, issued for the purpose of employees duties, the employee may refund the employer as follows—

(a) if issued being new and lost within three months, the employee may refund the employer at least a minimum of eighty percent of the cost of the uniform;

(b) if issued being new and lost after three months but before duration for change; the employee may refund forty percent of the cost;

(c) if issued being second hand and lost after its duration the employee may refund five percent of the cost;

(d) no employer may issue an old or unclean uniform to an employee.

First aid equipment

29.(l) Every employer shall provide measures for emergencies and accidents, including First Aid, as required by the National Social Security (Accidents Prevention and Workers Compensation Scheme) Notice, 1990, published in Statutory Instrument 68 of 1990.

(2) Every employer in an establishment shall provide First- Aid equipment in a dust-proof container readily accessible to all employees in that establishment, which equipment shall comprise not less than a standard first aid kit as determined by the Health and Safety Ministry.

Gratuities on termination of employment

30.(1) Subject to the provisions of subsection (4), an employee who has completed five or more years of continuous service shall, on the termination of such service, 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 by the number of completed years of continuous service, as set out in the Fourth Schedule.

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

(3) Notwithstanding the provisions of subsections (1) and (2), if an employee is a member of a pension fund which provides for the employee, or his/her dependants, to receive an amount in excess of the employee’s own contributions together with interest, then the gratuity payable in terms of this subsection shall be reduced by such excess. In the event of the benefit due being a pension, or deferred pension, then the value of the pension, or deferred pension, shall be compared with the gratuity payable plus the refund of the employee’s own contributions with interest and if the pension, or deferred pension, is less than the gratuity and refund of contributions, then the difference shall be paid in cash by the employer. Such pensions shall not be mis¬construed to refer to personal pensions but industry pensions if any.

(4) Notwithstanding the provisions of this section, an employer may set off against, and deduct from, any amount payable in terms of this section any sum owed to the employer by the employee or by his/her estate in terms of a civil judgment in favour of the employer and arising out of theft and/or fraud committed by the employee.

(5) In this section, “civil judgment” includes an award of compensation or restitution in terms of Part XIX of the Criminal Procedure and Evidence Act [Chapter 9:07],

Retirement age

31.(1) The retirement age for all employees shall be 60 years; which may be extended to a maximum of 65 years as a result of mutual agreement between the employer and employee concerned.

(2) An employee on his/her/her own request may opt for an early retirement:

Provided that such an employee receives his/her/her pension with full employer’s contributions on a pro-rata basis.

Registration and council dues

32.(1) Every employer in the Security Industry, at the time of coming into operation of this agreement shall, within one month of that date, unless it had already been done, notify the General Secretary of his/her full name, trading name, postal and physical address and a summary of the activities of the undertaking; which summary shall include size of workforce monthly wage bill for all grades and total number of employees covered by this Collective Bargaining Agreement.

(2) All employers, employees engaged in the Security Industry shall from the date of publication of this agreement pay dues to the Council whereupon all employers shall deduct from the wage or salary of each of the said employees the appropriate due with the employer contributing his/her appropriate dues as stipulated in 32(4)(e).

(3) The dues to be paid shall fall due at the end of each month and shall be paid not later than the 15th day of the following month.

(4) The dues shall be paid by the employee at the rate of 0,325% of the employee’s monthly wage or salary as at the date of deduction and at the same percentage thereafter at the end of each succeeding month:

Provided that—

(a) no employee shall pay more than US$5 per month;

(b) no dues shall be payable where owing to short-time working or any other cause an employee’s pay is reduced to below sixty per centum of his/her normal wage or salary;

(c) no deduction shall be made in respect of an employee who is off work sick for a period in excess of 180 days and not in receipt of sick-leave pay or a substitute payment;

(d) deductions shall be made in advance from the leave pay paid to an employee prior to his/her commencing his/ her leave;

(e) the employer shall contribute an amount equivalent to the employees’ total monthly contributions.

(5) The dues to be paid by each employee each month shall be that amount which equals the total of the deductions made in terms of subsection (4) of this section and shall not exceed US$5 per month in respect of each individual employee.

(6) Any person who is bound by this collective bargaining agreement but fails to comply with or to implement the provisions of this collective bargaining agreement shall, without derogation from any other remedies that may be available against him/her for its enforcement—

(a) commit an unfair labour practice as stated in section 8(l)(e) and section 82(3)(a) of the Labour Act [Chapter 28:01]-, and

(b) be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment as stated in section 82(3)(b) of the Labour Act [Chapter 28:01].

(7) The provisions of this section shall not apply to casual employees.

Exemptions

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

(2) Applications for exemption in terms of subsection (1) 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, in its sole discretion.

(4) Any such exemption granted to the employer or employee by the council shall specify the period or duration of such exemption.

Copy of agreement and notice

34.(1) Every employer shall exhibit or make available a copy of this agreement and all amendments thereto in a place accessible to every employee.

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

(3) No person shall alter, deface or remove, or cause to be altered, defaced or removed, the copy of the agreement, save on the instructions of the employer when carrying out his/her responsibilities under subsections (1) and (2).

Administration

16.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.

Amendments

36. The parties to the employment council may from time to time amend this collective bargaining Agreement in terms of the National Employment Council as agreed.

Declaration

37. The trade unions and the employer’s organisation, having arrived at this agreement set forth herein, 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 employers, on this 28th day of February, 2012.

A. C. DUBE,

Chairman, National Employment Council for the Security Industry.

T. MADZIVIRE,

President, Zimbabwe National Security Association.

K. MATARE,

President, Zimbabwe Security Guards Union.

G. ZHOU,

President, Private Security Workers Union

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FIRST SCHEDULE

1. The number of ordinary working hours for security personnel shall not exceed 48 hours per week and 12 hours in any period of 24 hours and 208 hours per month.

2. The normal daily times of starting and finishing for security personnel shall be—

(a) for a day shift: start 0600 hrs—finish 1800 hrs;

(b) for a night shift: start 1800 hrs— finish 0600 hrs;

The employer can vary starting and finishing times provided that the working hours shall not exceed 12 hours in any shift.

3. The ordinary working hours for all other employees shall not exceed 45 hours per week and nine hours per day.

4. The normal daily times of starting and finishing for other employees shall be 0800 hrs to 1700 hrs.

The employer can vary starting and finishing times provided that the working hours shall not exceed 9 hours per day.

5. The industrial holidays to be observed are all days declared in terms of the Public Holidays and Prohibition of Business Act [Chapter 10:21],

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SECOND SCHEDULE

Classification of occupation

Minimum monthly wage

1. (a) Guard

General hand

(b) Senior guard 1 year experience

(c) Guard specialized training + experience..

(d) Senior guard specialized training (5 years+)

200,00

207,00

213,00

216,00

2. Lance corporal

Driver class (3)

220,00
3. Corporal

Driver class (4)

229,00
4. Sergeant

Driver class (2)

247.00
5. Sergeant major

Driver class (1)

260,00
6. Assistant inspector 276,00
7. Inspector 302,00
8. Chief inspector 324,00
9. Security officer 373,00
10. Chief security officer 400,00

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

THIRD SCHEDULE

ALLOWANCES

1. Dog handlers allowance USD0,30 per shift
2. Firearm/gun handler’s allowance USD 0.35 per shift
3. Cash-In-Transit allowance USD 0.35 per shift
4. Cycle allowance USD 0.64 per shift
5. Housing allowance USD12.00 per month
6. Transport allowance USD10.00 per month
7. Unproved expenses:

(a) where neither accommodation nor food is provided

(b) where food is provided

(c) where accommodation is Provided

USD16,00 per day

USD10.00 per day

USD6.00 per day

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

FOURTH SCHEDULE

GRATUITIES

Length of service Years

Percentage of monthly wage on termination of Employment %

5 5
6 6
7 9
8 11
9 13
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
31 36
32 37
33 38
34 39
35 40

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

NEC SECURITY INDUSTRY WAGES AND ALLOWANCES SCHEDULE 2013 - Second Schedule

Classification of occupation OLD NEW ALLOWANCES TOTAL
1 a) Guard 200.00 214.00 22 236.00
General hand
b) Senior gurad 1 year experience 207.00 221.00 22 243.00
c) Guard specialised training + experience 213.00 228.00 22 250.00
d) Senior guard specialised training (5 years +) 216.00 231.00 22 253.00
2 Lance corporal 220.00 235.00 22 257.00
Driver class (3)
3 Corporal 229.00 245.00 22 267.00
Driver class (4)
4 Sergeant 247.00 264.00 22 286.00
Driver class (2)
5 Sergeant major 260.00 278.00 22 300.00
Driver class (10
6 Assistant inspector 276.00 295.00 22 317.00
7 Inspector 302.00 322.00 22 344.00
8 Chief inspector 324.00 346.00 22 362.00
9 Security officer 373.00 398.00 22 420.00
10 Chief security officer 400.00 427.00 22 449.00

ALLOWANCES OLD RATES NEW RATES
1. Dog handlers allowance USD0,30 per shift 0.32
2. Firearm/gun handler’s allowance USD 0.35 per shift 0.37
3. Cash-In-Transit allowance USD 0.35 per shift 0.37
4. Cycle allowance USD 0.64 per shift 0.68
5. Housing allowance USD12.00 per month 12.00
6. Transport allowance USD10.00 per month 10.00
7. Unproved expenses:

(a) where neither accommodation nor food is provided

(b) where food is provided

(c) where accommodation is Provided

USD16,00 per day

USD10.00 per day

USD6.00 per day

17.00

11.00

6.00

Zimbabwe National Security Association - 2012

Start date: → 2012-02-28
End date: → Not specified
Ratified by: → Other
Ratified on: → Not yet ratified
Name industry: → Security, cleaning, homework
Public/private sector: → In the private sector
Concluded by:
Names associations: → Zimbabwe National Security Association
Names trade unions: → Zimbabwe Security Guard Union and Private Security 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: → No
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: → 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
Leave duration in days in case of death of a relative: → 5 days

EMPLOYMENT CONTRACTS

Trial period duration: → 30 days
Severance pay after 5 years of service (percentage of monthly salary): → 5 %
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 week: → 45.0
Working hours per week: → 208.0
Working days per week: → 6.0
Maximum overtime hours: → 150.0
Paid annual leave: → 30.0 days
Paid annual leave: → 4.0 weeks
Paid bank holidays: → Army Day / Feast of the Sacred Heart/ St. Peter & Paul’s Day (30th June), John Chilembwe Day (15th January)
Rest period of at least one day per week agreed: → No
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 200.0
Adjustment for rising costs of living: → 

Once only extra payment

Once only extra payment: → ZAR 120.0 %
Once only extra payment due to company performance: → No

Premium for overtime work

Allowance for commuting work

Meal vouchers

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