In the matter of wages and other terms and conditions of service
PREAMBLE:
The terms and conditions of employment set out in this agreement shall be observed by both parties and shall apply to all Union members covered by the Recognition Agreement between the parties.
This Agreement supersedes all previous agreements governing terms and conditions of employment which shall be deemed to have expired upon the signing of this Agreement and shall remain in force for a period of two years.
1.NOTE:
(a)This Agreement has been reached taking the current individual minimum wages as minimum salary/wages for newly employed employees.
(b)Notwithstanding wages laid down in this Agreement, the Club will abide by any general order in case where it may be necessary to adjust wages accordingly whenever it comes into effect, if it overtakes the current minimum wages.
2.CURRENT MONTHLY MINIMUM WAGES:
(a)The monthly minimum wages for employees shall be those laid down in this Agreement, with a mid-monthly advance not exceeding half of the employee's net salary payable to any employee who wishes.
(b)Any employee who uses a motorized grass cutting equipment will in addition to his current minimum wages be granted an allowance of Kshs 700/- per month for 2013 and Kshs 750/- for 2014.
3.GENERAL INCREMENT:
An employee who will be in the service of the Club as at 31st December 2012 will receive a wage increase of 10% with effect from1st January 2013 and in the following year 1st January 2014 receive 10% wage increase.
4.EMPLOYER MAY PAY HIGHER WAGES:
Wages rates shall be as negotiated and agreed upon between the Union and the employer. However, the employer shall be at liberty to pay higher rate(s) to any individual employee(s) at his absolute discretion.
PART II - OTHER TERMS AND CONDITIONS OF SERVICE
1.HOURS OF WORK:
The normal working week shall consist of 50 hours for indoor staff and 46 hours for the outdoor staff spread over 6 days of the week.
2.OVERTIME
Overtime shall be payable for hours worked in excess of the normal hourly rate.
(a)For hours worked on normal working days at double the normal hourly rate.
(b)For hours worked on normal rest days and Gazetted Public Holiday's time off on another working day or payment at twice the normal hourly rate by mutual agreement. Such agreement to be undertaken between the employer and employee.
(c)For the purpose of calculating payment of overtime the normal hourly rate shall be taken as one hundred and ninety nine 1/199 of an employees monthly basic wage (outdoor staff).
(d)For the purpose of calculating payment of overtime for the indoor staff the normal hourly rate shall be taken as 1/217th) of an employee’s monthly basic wage (indoor staff).
3.ANNUAL LEAVE:
After completion of each period of 12 months' consecutive service with the employer, an employee shall be entitled to annual leave covering a period of 28 working days with full pay.
4.LEAVE TRAVELLING ALLOWANCE
(a)When proceeding, on annual leave, an employee shall be entitled to Kshs.5,500/= as leave travelling allowance for the year 2013 and Kshs.5,500/= for the year 2014.
(b)Where Management requires leave to be accumulated, leave-traveling allowance shall be accumulated as well.
(c)Leave application shall be applied thirty days in advance prior to commencement unless under circumstances which may not allow a 30 days notification.
5.COMPASSIONATE LEAVE:
(a)An employee desirous of taking leave on compassionate grounds may, by prior arrangements with the employer be granted such leave up to his earned entitlement under paragraph 3 of this agreement and the leave taken shall be subsequently set off against his annual leave.
(b)An employee may in addition to the leave provided for in subparagraph (a) of this paragraph be granted five (5) days compassionate leave without pay in any one year.
6.HOUSE ALLOWANCE:
(a)An employee who is not provided with free housing accommodation by the employer shall be entitled in addition to his/her current wage to a housing allowance of Kshs 6,500/- for the year 2013 and Kshs 6,500/- for the year 2014. Provided always that no employee shall receive a lower house allowance after signing of this Agreement than the amount already being paid.
b) Where the employee's services are terminated before the completion of one month
he/she shall be paid house allowance on pro-rata basis according to the number of days
worked in that month, as long as he/she is no housed by the employer.
(b)For the purpose of paragraph (a) of this clause the word employee shall mean any member of the Union working in the Club regardless of his/her sex.
7.SICK LEAVE:
After the probationary period, employees shall be entitled to sick leave with pay in any period of 12 months consecutive service according to length of service provided the employer is advised in writing within 5 days of the sickness as follows: -
(a) An employee with 5 years’ service or less: -
(i).The first 30 days with full pay and
ii) Thereafter the next 30 days with half pay.
(b) An employee shall not be entitled to the payment (referred to in paragraph (a) of this clause unless he produces to the employer a certificate of incapacity covering the period of sick leave claimed, signed by a duly qualified medical practitioner or person acting on such practitioner’s behalf in charge of a dispensary or Medical Aid Center. The employer reserves the right to appoint a qualified medical practitioner to verify the incapacity.
(c) An employee shall not be eligible to sick leave under this clause in respect of any incapacity due to gross negligence on his part.
(d) After the expiry of sick leave as detailed in a,b, and c above, the employee will be entitled to a further 30 days sick leave without pay. After this period, if it is apparent from the medical reports that the employee cannot resume work by the end of 30 days, then the employee will be retired on medical grounds as per clause 19 of this Agreement.
8.MATERNITY / PATERNITY LEAVE
(a)Female employees shall be entitled to three months maternity leave with full pay provided that a female employee who has taken three months maternity leave shall not forfeit her annual leave for that year, but shall be paid her leave traveling allowance.
(b)Childbirth in respect of female employees shall not be deemed to be sickness as provided for under clause 7 of part II of this Agreement and the employer should not be required to meet medical costs incurred thereby.
(c)A female employee who takes maternity leave shall not incur any loss of privileges during such period.
(d)Where a replacement is engaged for the purposes of replacing a female employee who has gone on maternity leave, such engagement shall be of a temporary nature only and the service of the replacement will be terminated automatically on the return of the full time employee.
(e)A male employee will be entitled to two weeks paternity leave.
9.MEDICAL TREATMENT
(a)Employees covered by this Agreement shall be provided with medical treatment in the manner prescribed by the Employment Act 2007 as may be amended from time to time.
(b)In case of emergency, an employee shall attend any recognized Hospital/dispensary approved by the Government (recognized by N.H.I.F) and by the employer then the employer shall meet expenses up to Kshs. 450,000/- for inpatient and 40,000/- for outpatient as per the insurance cover taken by the Club. Exclusions in the medical cover will be met by the employee.
10.UNIFORMS
All permanent staff will be provided with uniforms subject to the following conditions:
(a) Such uniforms shall remain the property of the employer and may only be worn by the employee when on duty.
(b) Uniforms will be returned to the employer upon new ones being issued.
(c) An issue of soap of one bar per month will be provided to staff that are responsible for the cleanliness of their own uniforms. Where the employer launders the uniforms no such soap issue will be issued.
(d) All uniformed staff will have two uniforms per annum to allow for a change during laundering.
(e) One tin (40 ml) of shoe polish will be provided to Waiters/Waitresses. Barmen, Caddie Master, Housekeeping Attendants, Receptionists, Chefs, cooks and stewards once a month.
11.ACTING APPOINTMENT
Where an employee is to work in full acting capacity for a period of not less than twenty one (21) days in an operation or grade for which the minimum wage is higher than the minimum wage he normally earns he shall be paid acting allowance, which shall be the difference between such higher minimum wage and his normal minimum wage.
12.GAZETTED PUBLIC HOLIDAYS
(a) Employees will be granted leave with full pay on all Gazetted Public Holidays, provided that they do not absent themselves from work without permission on the proceeding day and subject to their reporting to duty on the day following the Gazetted Public Holiday.
(b) Where an employee is required to work on Public Holiday which falls on his/her rest day, he will be paid for the hours worked at twice his minimum hourly rate, and be given another day off in lieu of his/her rest day.
13.WEEKLY REST DAYS
An employee shall be entitled to one rest day in every period of seven (7) days provided that:
(a) An employer and an employee may, by mutual consent, agree to the deferment of the employees rest days in alternate weeks, up to a maximum of 14 days may be accumulated under this agreement.
(b) The days accumulated in accordance with paragraph (a) will be taken at one time as leave with full pay, in addition to annual leave provided for in clause 3 part of part II of this Agreement.
(c) Where an employee's rest days are deferred in accordance with paragraph (a) of this clause such employee's working hours shall not exceed 58 hours in any week for indoor staff and 53 hours for outdoor staff.
(d) Where an employee's off day falls on a gazetted public holiday and the employee does not work on that day his/her rest day shall be deemed to have been deferred. If however, he works on his/her rest day, which falls on, a gazetted public holiday he/she will be paid at double his/her normal rate and the rest day is deemed to have been deferred.
14.ENGAGEMENTS PROBATION AND APPOINTMENT
(a) All persons engaged by the employer shall be on probation of not more than three (3) months, with a provision for extension for a further period of not more than three (3) months.
(b) During the probationary period either party may terminate employment by giving fifteen (15) days notice or wages in lieu of notice.
(c) On engagement, an employee shall be given two copies of a letter of appointment of which, he shall sign copy and return it to the employer, indicating acceptance of the terms and conditions therein.
(d) On successful completion of the probationary period, an employee shall automatically be confirmed in his/her appointment and shall be placed on monthly terms of employment.
(e)The employer shall, at all times reserve the right to require an employee to submit himself for medical examination. Such examination shall be an expense of the employer.
15.WARNING PROCEDURE:
An employee who is guilty of an offence other than gross misconduct or other lawful cause for summary dismissal may be given a written warning which shall be entered in the employee's employment record and shall remain valid for a period of 270 days from the date of issue.
(a) The first and second warnings will be recorded in the employees file copies to the shop steward and the Union office.
(b) The third and final warning shall be copied to both Shop steward and the Union.
(c) An employee who commits a fourth offence within 270 days from the date of the third warning shall be summarily dismissed.
(d) If an employee completes 270 days from the date of the last warning without any further offence, any warning(s) recorded on his file shall be cancelled.
(e) All warnings issued shall be subject to written appeal by the employee within 7 days of the date of the warning.The employer shall reply within 14days.
16.TERMINATION OF EMPLOYMENT
(a) After the completion of the probationary period employment shall be terminable by either party by giving written notice or by the payment of wages in lieu of notice as follows: -
(i). For employees with up to 5 years’ continuous service – one month’s notice or pay in lieu
(ii). For employees with over 5 years continuous service but less than 10 years – two (2) months notice or pay in lieu
(iii). For employees with 10 years but less than 20 years three (3) months notice or pay in lieu
(iv). For employees with 20 years and above service four (4) months notice or pay in lieu
(v). Where the employee's services are terminated before the completion of one month he/she shall be paid according- to the number of days worked in that month.
Provided that:
(a) Nothing in this clause shall prejudice the right of either party to terminate employment summarily for a lawful cause
(b) On termination of services or summary dismissal, reasons shall be given in writing to the employee with copies to the shop steward and the union offices.
17.CERTIFICATE OF SERVICE:
On termination of employment for any reason, an employee shall be given a certificate of service. The certificate of service shall state the following particulars:
(a) Full name of the employee;
(b) Date of engagement and termination;
(c) Wages on termination;
(d) Nature of work done by employee;
(e) The date on which the employment ceased:
(f) The name of the employer and his/her address.
18.REDUNDANCY
In the event of redundancy the following principles shall apply: -
(a) The Union shall be informed in writing at least one month in advance of the reasons for and the extent of the intended redundancy
(b) The principle of “LAST IN, FIRST OUT” shall be adopted in the particular category of employees affected, subject to all other factors such as skill, merit, ability and reliability being equal
(c) The redundant employee shall be entitled to the appropriate period of notice or pay in lieu of notice and other terminal benefits covered by this agreement
(d) The redundant employee shall be entitled to severance pay at the rate of 30 days wages for each completed year of service
(e) The notice shall be given/issued to the employees according to clause 16 of this agreement.
19.RETIREMENT BENEFITS
An employee who has attained the age of 60 years (55 years in case of females) will retire or be retired. On retirement, an employee shall be paid retirement benefits at the rate of 28 days salary for each completed year of service at the rate of pay applicable at the date of retirement
(a) In absence of any official record, a certificate issued for that purpose by a duly qualified medical practitioner should evidence proof of an employee's age.
(b) An employee will also claim payment for his N.S.S.F contributions from N.S.S.F
(c) Either party shall give appropriate notice.
20.CHECK-OFF
(a) The employer shall deduct Union subscription monthly from the wages of those employees who are members of the Union. The subscriptions so deducted by the employer shall be paid direct to a Bank Account nominated by the Union not later than the tenth day of the month immediately following that in which deductions have been made subject to such regulations as may be made by the Minister for Labour from time to time.
(b) No employee shall revoke the Check-Off unless he/she resigned his/her membership from the union in writing with a copy to the Shop steward.
21.DEATH OF AN EMPLOYEE WHILE IN EMPLOYMENT
(a)If an employee is killed or dies while in employment the employer shall, at his expense, provide a coffin and transport the deceased as well as his/her belongings to his/her place of burial. The maximum funeral expenses will be Ksh. 60,000/ as per the insurance policy and the balance will be handed to the next of kin.
22.LONG SERVICE AWARD
All employees upon completion of the periods of service listed below will receive a one off long service award upon reaching the length of service indicated.
For 2012, 2013, and 2014 respectively.
(i). 5 years-Kshs 2,700/=→2,800→2,800
(ii). 10 years-Kshs 4,000/= →4,100→4,100
(iii). 15 years-Kshs 5,000/=→5,100→5,100
(iv). 20 years -Kshs 7,500/=→8,000→8,000
(v). 25 years-Kshs10,500/=→11,000→11,000
(vi). 30 years-Kshs 11,500/=→12,000→12,000
(vii). 35 years-Kshs 12,500/=→13,000→13,000
23.TOOL ALLOWANCE
The employer shall provide tools for working.
24.EMPLOYEES COMMUNICATION
An employer's written communication to an employee concerning the terms and conditions of employment should be delivered to or collected by the employee who should sign and date a copy to acknowledge receipt thereof.
25.SUSPENSION/INTERDICTION
The employer reserves the right to suspend an employee from employment with full pay up to a maximum of 30 days pending investigations into alleged gross misconduct. Should the employee be found guilty of gross misconduct or other offenses, and then he/she shall be summarily dismissed or terminated with effect from the date of suspension.
Should the employee be found innocent of gross misconduct or other offenses, then the suspension will be lifted and the employee resumes normal duties. Where the employee's case is under investigation by the police or is pending before a criminal court, the employee suspension shall be extended without pay until the result of the police investigation or court action is known.
26.NIGHT AND DAY TRANSPORT
(a) Employees living away from the employer's premises will be provided with transport so that they may safely reach their residences/place of work when called for duty before 0700 hours or kept on duty after 1900 hours.
(b) Where there is existing transport arrangements provided by the employer,thiswill continue
(c) Where an establishment fails to provide transport as per the contents of this clause compensation shall be Kshs. 350/= per morning/night to the affected employees.
27.PAID EDUCATIONAL LEAVE
Upon the request of an employee for leave for educational/training of a nature which will enable him/her to better perform his/her job the employer may allow such employee to proceed to a recognized educational institution for training and grant such leave with full pay as is necessary; as long as sufficient documentation of admission to the said institution is provided.
28.DISCRIMINATION
The employer shall not discriminate directly or indirectly against an employee or prospective employee on grounds of race ,colour,sex,religion,political or other opinion nationality,ethinic or social origin,disability, pregnanacy,mental status or HIV status.
29.PROMOTION
Whenever any vacancies for promotion shall fall within the Club, this will be posted on the notice Board as far as possible preference will be given to any suitable employee(s) in service for such promotion. But selection will be done at the discretion of the Management and successful candidates shall receive written communication on the promotion before commencement on the new position.
30.MEALS
The Club will provide one meal to the employees who will be required to work full shift without a break.
31.PENSION SCHEME/GRATUITY
The Club has put all staff on Pension Scheme. Currently it is on process of transferring gratuity payment of affected staff who have been both in Pension and
Gratuity to Pension.
32.DURATION AND EFFECTIVE DATE
This agreement shall be effective from 1st January 2013 to 31st December 2014. After the expiry date, this agreement shall continue in operation until such a time as either party by giving three months written notice shall signify their wish to amend or review.
SIGNED: FOR AND ON BEHALF OF THE KAREN COUNTRY CLUB
………………..……………… ……………..…………….
MR. S.A MWAI MR. LEE KIMANI
GENERAL MANAGERFINANCIAL CONTROLLER
……………………………….
JUDITH MUMO (MRS)
HUMAN RESOURCES MANAGER.
SIGNED FOR AND ON BEHALF OF KUDHEIHA WORKERS
………………………………………………..….………..
MR. COLENEL A. OUNDAH MR. PAUL M. KAGOTHO
SENIOR DEPUTY SEC GENERAL2ND ASST. SEC GENENERAL
WITNESSED BY
………………..………… ……………………………………….
MR. HENRY O. ORUKO MR. FRANCIS I. ALEMBI
SHOPSTEWARD CHAIRMAN WORKS COMMITTEE
……..…………………… …. …………………………
MR. FRED OTWORI MR. PETER MWANGI
WORKS COMITTEE WORKS COMITTEE
IN THE PRESENCE OF:
…………………………..
MR. GEORGE R. AMBUCHE
INDUSTIAL RELATIONS OFFICER
FEDERATION OF KENYA EMPLOYERS
SIGNED AT FKE (NAIROBI) THIS …….……….DAY OF NOVEMBER 2012.
THE BASIC MINIMUM MONTHLY WAGES
PART 1: WAGES
| GRADE 1 | BASIC MIN WAGE AS AT 31.12.2012 | BASIC MIN WAGES INCLUDING 10% WAGE INCREASE AT 1.1.2013 | BASIC MIN WAGES INCLUDING 10% WAGE INCREASE AT 1.1.2014 |
| a)Head Cashier | 32,160.78 | 35,376.86 | 38,914.54 |
| b)Head Receptionist
Head Housekeeper Head Security Guard Head of Maintenance Head in charge of all staff Head Storekeeper Gym Instructor |
30,805.91 | 33,886.50 | 37,275.15 |
| c)Head Cook | 32,795.05 | 36,074.56 | 39,682.01 |
| GRADE 2 | |||
| Head barman
Head waiter Assistant Head Cook Telephone Operator Chief Clerk Receptionist Purchasing Officer/ Clerk Store man, Store Clerk Wages Clerk Ledger Clerk Bond Clerk Book-keeper/Accounts Clerk Electrician Swimming Instructor/Lifeguard Pool Cashier Typist Housekeeper |
26,963.11 | 29,659.42 | 32,625.36 |
| GRADE 3 | |||
| a) Room Service Clerk
Linen Room Clerk Boat Driver Head Porter Head Grounds man Asst. Head Waiter Ordinary Cook Tractor Driver Grounds Cutting Barman Dhobi Head Messenger Head Steward Head Caddy Master |
19,158.82 | 21,074.70 | 23,182.17 |
| b) Assistant Housekeeper
Assistant Storekeeper Asst. Swimming Pool Cashier Librarian |
23,500.00 | 25,850.00 | 28,435.00 |
| c)Snooker
Room attendant cum Cashier and Badminton Court Attendant Cum Cashier |
26,493.00 | 29,142.30 | 32,056.53 |
| GRADE 4 | |||
| a)Office Messenger
Asst. Cook Cellar Man Florist Steward Asst. Electrician Wine Waiter Dining Room Waiter Bar Waiter Room Service Waiters |
17,321.95 | 19,054.15 | 20,959.56 |
| b)Head Gardener
Head room steward Cleaner Supervisor Clerk Under Training Floor Supervisor Boiler Man |
17,939.44 | 19,733.38 | 21,706.72 |
| GRADE 5 | |||
| Motor Grass Hand Propelled Cutting
Equipment Room Servant Pantry Kitchen or Kitchen helper Cloak Room Attendant Grass Cutter Green Pitch Workers Gardeners Ground Cutter Swimming Pool Attendant Sanitary Sweeper Locker Room Attendant Badminton Attendant Courts Attendant Squash Attendant Snooker Attendant Balls Collector Attendants Caddy Master |
14,376.00 | 15,813.60 | 17,394.96 |
| GRADE 6 | |||
| a) ARTISANS | |||
| i)Ungraded Artisan | 19,218.77 | 21,140.65 | 23,254.71 |
| iii)Artisan with TTC Grade III | 20,787.06 | 22,865.77 | 25,152.34 |
| iv)Artisan with TTC II | 26,693.34 | 29,362.67 | 32,298.94 |
| v)Artisan with TTC I | 32,143.99 | 35,358.39 | 38,894.23 |
| b) DRIVERS | |||
| i) Cars/light vans | 19,218.77 | 21,140.65 | 23,254.71 |
| ii) Medium Sized vehicles | 24,177.84 | 26,595.62 | 29,255.19 |
| iii) Heavy Commercial
Vehicle |
32,143.99 | 35,358.39 | 38,894.23 |
| c) WATCHMEN | |||
| Day watchman and
Night Watchman |
15,898.74 | 17,488.61 | 19,237.48 |
| d) Cashier | 32,143.09 | 35,357.40 | 38,893.14 |
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