IN MATTERS OF TERMS AND CONDITIONS OF EMPLOYERMENT
1.PREAMBLE
The terms and conditions of employment set out in this agreement shall be observed by both parties covered by the recognition agreement, and as may be provided for by the current FKE/COTU (K) Agreement.
2. PROBATIONARY PERIOD
Employees shall be on a probationary period of 3 months during which employment is terminable by either party by giving 7 days notice or pay in lieu.
After successful completion of the probationary period an employee shall be confirmed in his employment in writing.
3. WAGES
(A) Basic Minimum wages per month, in Kenya Shillings.
| Category 1
Cleaner Messenger Day Watchman Tea Maker Car Washer |
Kshs.8,050/= |
| Category 2
Ungraded Artisans |
Kshs.10,240/= |
| Category 3
Junior Clerk Copy Typist Driver Light Van |
Kshs.10,580/= |
| Category 4
General Clerk Radio Operator Store keeper Telephone Operator |
Kshs.11,685/= |
| Category 5
Tour Driver Mechanic Grade III |
Kshs.12,880/= |
| Category 6
Mechanic/Artisan Grade II |
Kshs.13,910/= |
| Category 7
Office Clerk Grade 1 Heavy Commercial Driver Mechanic/Artisan Grade I |
Kshs.17,120/= |
(B)General wage increases
All unionisable employees who are in the employment of the company as at 01 July 2011 shall receive a general wage increase of 10% or be brought to the new basic minimum wage whichever is higher. They shall receive a further 10% general wages increase with effect from 01 July 2012.
4.HOURS OF WORK
Office, tours, accounts, transport, maintenance and workshop staff in Nairobi shall work for 45 hours spread over 6 days of the week.
Meet and Greet Staff shall work for 52 hours spread over 6 days of the week.
Driver-guides shall work for 90 hours spread over 12 days of a fortnight.
5.OVERTIME
Driver-guides
A fixed overtime of Kshs.70.00 per night shall be payable when out of station on overnight safaris and Kshs.70/= for day return after 7.00 p.m.
Meet and Greet Staff or Airport Representative
A fixed overtime of Kshs.3,000/= per month shall be payable for the first and second years.
Other Staff
All other employees shall be entitled to overtime at the rate of one and a half times the normal hourly rates. Where the overtime falls on a Sunday and gazetted Public holiday employees shall be entitled to twice the normal hourly rates. An employee may be given equivalent time off in lieu of pay.
6.HOUSING ALLOWANCE
Any unionisable employee who is not provided with free accommodation by the company shall be entitled to a housing allowance of Ksh.2,750/=
7.WARNING SYSTEM
Any employee whose work or conduct is unsatisfactory and or who commits an offence which in the opinion of the Company does not warrant instant dismissal shall be warned in writing and the following procedure will be followed:-
The 1st and 2nd warning letters shall be recorded in his/her employment file.
If an employee with 2 warnings recorded commits a third offence within 12 months of the 2nd warning letter such an employee will be liable to summary dismissal. Employees so dismissed are not entitled to the company's contribution of the pension scheme.
If an employee completes 12 months from the date of the last warning recorded on the file without further offences, then the previous warnings will be cancelled.
The 1st and 2nd warning letters shall be copied to the Branch Secretary of the Union and the Company Shopsteward.
8.TERMINATION OF EMPLOYMENT.
After the probationary period, employment may be terminated by either party by giving one month's notice in writing, effective from any day of the month, failing which there shall be paid by the party terminating the service without such notice 1 month's wages in lieu of notice.
Nothing in this clause shall prejudice the right of the Company to terminate a contract of employment summarily for lawful cause, as per Section 17 of the Employment act.
Benefits on termination, retirement and resignation will be covered by the Pension Scheme Clause.
9. REDUNDANCY
A contract of service shall not be terminated on account of redundancy unless the following conditions have been complied with:-
a) The Union and the labour officer in charge of the area where the employee is employed shall be notified of the reasons for, and the extent of the intended redundancy.
b) The Company shall have due regard to seniority in time and to the skill, ability and reliability of each employee of the particular class of employees affected by the redundancy.
c) No employee shall be placed at a disadvantage for being or not being a member of the Union.
d) Any leave due to any employee who is declared redundant shall be paid off in cash.
e) An employee declared redundant shall be entitled to 1 month's notice or 1 month's wages in lieu of notice.
f) An employee declared redundant shall be entitled to severance pay at the rate of 20 days pay for each completed year of service.
10. LEAVE
(A) Annual leave
After every 12 consecutive months of service with the Company, an employee shall be entitled to an annual leave of 26 working days excluding Sundays and gazetted Public holidays.
(B) Maternity/Paternity leave-
A female employee shall be entitled to 3 months maternity leave with full pay:
Provided that:
i) The employee who has taken 3 months maternity leave shall not forfeit her annual leave in that year.
ii) Childbirth in respect of a female employee shall not be deemed to be sickness as provided for in this agreement and the Company shall not be required to meet medical costs incurred thereon.
iii) A female employee who takes maternity leave shall not incur any loss of privileges during such period.
iv) A male employee shall be entitled to two weeks paternity leave in a year.
(C) Compassionate leave
An employee desiring leave on compassionate grounds shall, by prior arrangement with Company be granted such leave upto his earned annual leave entitlement and the leave shall subsequently be off set against his annual leave.
(D) Sick leave
After the probationary period and subject to certification by a qualified medical practitioner on incapacity covering the period of sick leave claimed, an employee shall be entitled to sick leave with full Pay in any 12 months period as follows:_
•For all employees the first 60 days with full pay. The next 30 days on half pay.
•Thereafter with such pay as the Company may allow at it's discretion.
• Any employee who is sick or incapacitated after 90 days will be liable to retirement on medical grounds at the discretion of the Company.
•An employee shall not be eligible for sick leave under this clause in respect of any incapacity due to gross neglect on his/her part.
It shall be incumbent upon the employee to notify the Company within 48 hours that he/she has fallen ill at which time the Company shall have the right to have the employee examined by a Doctor.
11. LEAVE TRAVEL ALLOWANCE
All unionisable staff shall be entitled to a leave travel allowance of Kshs. 2,500/= when proceeding on annual leave.
12. MEDICAL TREATMENT
When out of station on safari - medical treatment at a recognized medical clinic upto a maximum of Kenya shillings 3,000 in total per year. Production of a medical certificate, will be required in all cases. Recurring illness will not be paid for. An employee shall not be eligible for claims for any STD, AIDS or HIV cases, chronic illnesses such as cancer, recurring illnesses such as diabetes, General Health Check-ups, dental, optical or maternity.
The Company shall appoint an Insurance agency to underwrite Kshs.100, 000 per person on in-patient hospitalization cases for confirmed employees. The company shall pay annual premiums to cover this policy. Employees are required to pay Kshs.5,000/.-- prior with each admission into hospital, this amount is payable to the insurance agency and non refundable. The insurance agency will be liable to settle hospital bills, upto a maximum of Kshs.100,000 per year - 01 July 1999 to 30 June 2001. This agreement will be reviewed for the second year, July 2001 to June 2002.
All bills must be paid by the individual and claims made to the insurance agency directly.
Benefits of this scheme shall not apply to treatment of any existing diseases, injuries, ailments or conditions, any STD, AIDS, HIV cases, chronic illnesses such as cancer, ups, dental, optical or maternity or for any other cases as defined by the Insurance Company. Family members or relatives are not covered under this scheme. Employees are required to complete a declaration from the insurance company before becoming eligible.
N.B. Medical treatment rules to apply in all cases.
13. PENSION SCHEME
Employees are eligible to join the pension scheme one year after continuous service and on the Anniversary of the scheme which is August of each year.
Benefits include three years basic salary on death payable to nominated dependents.
Normal restriction by Madison Insurance Company apply and some are:
An employee shall not be eligible for claims under the Life Cover schemes for any STD, AIDS or HIV cases or for any other cases as defined by the Insurance Company. It is hereby agreed that the retirement age shall be 60 years for male and 50 years for female.
14. STAFF UNIFORMS
An employee who is required to wear uniforms or overalls by nature of his/her work or in accordance with the provisions of the Factories and other places of works Act, shall be issued with uniform/overalls as follows:
(a) Driver guide and MEET AND GREET STAFF - three (3) SETS of
uniform.
(b) Mechanics and car-washers - two overalls and 1 pair of Boots.
(c) Reservation officers and messengers - three (3) SETS of uniform. In addition messenger shall be provided with 1 pair of Shoes.
(d) The choice of the design and fabric of the uniform/overall will be at
the discretion of the company.
15.LAUNDRY
Driver-guides shall receive Kshs.100 per night on laundry allowance. Meet and greet officers shall receive Kshs.500 per month. The company shall provide laundry facilities to mechanics, cleaners, day watchman and office messengers.
16. CERTIFICATE OF SERVICE
(1) Every employee shall be given a certificate of service by the Company upon termination of his employment unless such employment has continued for a period of less than 3 months and every such certificate shall contain
a) the name of the employer and their postal address
b) the name of the employee
c) the date when employment commenced
d) the nature and usual place of employment
e) the date when employment ceased; and
f) such other particulars as may be prescribed
(2) Subject to sub-clause (1), the Company is not bound to give the employee a testimonial, reference or certificate relating to the character or performance of an employee.
(3) An employer who willfully or by neglect fails to give an employee a certificate of service in accordance with sub-clause 1, or who in a certificate of service includes a statement which he knows to be false, shall be guilty of an offence.
17. ALLOWANCES
(A) DRIVERS ALLOWANCES
| FIRST YEAR | SECOND YEAR | |
| Full night safari allowance | 1,200/= | 1,200/= |
| 1 day safari allowance returning before 1900hrs | 230/= | 230/= |
| Lunch allowance 1230-1400 | 230/= | 230/= |
| Car wash allowance | 150/= | 150/= |
| Laundry allowance | 100/= | 100/= |
The above mentioned transfer allowances shall not be payable in respect of any day, whereby the driver concerned will be entitled to a full safari allowance. The car-wash allowance shall be a daily allowance for drivers out of station, when on safari. All drivers returning to Nairobi shall receive an additional allowance of Kshs.230/ = standby allowance 130/ = (weekdays) 185/= (weekends).
(B) MEET AND GREET STAFF
A fixed meal allowance of Kshs.3,000/ = per month shall be payable for the first and second years.
18. SUMMARY DISMISSAL
Any of the following matters may amount to gross misconduct so as to justify the summary dismissal of an employee for lawful cause, but the enumeration of such matters shall not preclude an employer or employee from respectively alleging or disputing whether the facts giving rise to the same, or whether any other matters not mentioned in this clause constitute justifiable or lawful grounds for such dismissal.
a) if without leave or other lawful cause, an employee absents himself/herself from the place proper and appointed for the performance of his work;
b) if during working hours becoming or being intoxicated an employee renders himself unwilling or incapable to properly perform his work;
c) if an employee willfully neglects to perform any work which it was
his duty to have performed, or if he carelessly and improperly performs any work which from it's nature it was his duty, under his/her contract to have performed carefully and properly;
d) if an employee uses abusive or insulting language or behaves in a manner insulting language or behaves in a manner insulting to his employer or to any person placed in authority over him or her by
the employer;
e) if an employee fails or refuses to obey any lawful and proper command which it was within the scope of his duty to obey, issued by his employer or any person placed in authority over him by the Employer;
f) if in the lawful exercise of any power of arrest given by or under
any written law, an employee is arrested for a cognizable offence punishable by imprisonment and is not within 10 days either released on bail or on bond or otherwise lawfully set at liberty;
g) if an employee commits, or on reasonable and sufficient grounds is suspected of having committed any criminal offence against or to the substantial detriment of his/her employer or his/her employer's
property.
19.INJURY BY ACCIDENT
In the case of injury of an employee whilst on duty the Workmen's Compensation Act shall apply.
20.GROUP PERSONAL ACCIDENT INSURANCE
The company provides an additional insurance cover for employees not covered by the Workmen's Compensation Act.
21.DEATH OF AN EMPLOYEE
(1) When the death of an employee, from any cause whatsoever is brought to the notice, or comes to the knowledge of the employer, the employer shall as soon as is practicable thereafter, give notice thereof in the prescribed form to the labour officer or, if there is no labour officer, to the District Commissioner of the district in which the employee was employed.
(2) The employer shall pay to the labour officer or District Commissioner, as the case may be, all wages due to the employee at the date of his death, and shall deliver to him all property belonging to the deceased employee for transmission to the person legally entitled thereto.
(3) Should an employee, during the course of his employment be killed,
or incapacitated by injury for a period exceeding 3 days, the employer shall as soon as is practicable, send to the labour officer or, if there is no labour officer, to a District Commissioner a report in the prescribed form.
(4) The company shall assist in any way it can with funeral arrangements.
22.ACTING ALLOWANCE
Where an employee is required to work in full acting capacity for a period of more than 15 days unbroken period in an occupation or grade for which the basic minimum wages prescribed under this Agreement is higher than the basic wages normally earned by the employee, he shall be paid acting allowance at a rate of not less than the difference between such higher basic minimum wages and his normal wages.
23.PROMOTION
Where vacancies arise, the company shall give first consideration to promoting the existing employees taking into account such considerations as relative ability, experience, qualification and length of service. The management decision regarding such appointment shall be final.
24.ANNUAL BONUS
It is hereby agreed that should bonus be given it will apply to all employees of the company.
25.TRANSFER
An employee who is permanently transferred to another duty station, i.e. from Nairobi to Mombasa or Mombasa to Nairobi by the Company shall be entitled to transfer allowance as follows:
(a) 1½ months' salary
(b) Bus fare for himself, his wife and upto 4 children under 18 years.
26. EFFECTIVE DATE AND DURATION OF AGREEMENT
This Agreement shall supersede all previous agreements between the parties hereto and shall be effective from 01 July ,2011and shall remain
in force until 30 June 2013.i
SIGNED: FOR AND ON BEHALF OF THE COMPANY
……………………………….
SAIDI MEDI
TRANSPORT MANAGER
SIGNED: FOR AND ON BEHALF OF THE UNION
……………………………….
J M NDOLO
GENERAL SECRETARY
WITNESSED BY :-
…………………………………….
SHOP STEWARD
IN THE PRESENCE OF
……………………………………..
G. R. AMBUCHE
INDUSTRIAL RELATIONS OFFICER
FEDERATION OF KENYA EMPLOYERS
SIGNED AT NAIROBI THIS …………………………DAY OF ……………………….2013
jan
APPENDIX
The following allowances are payable to employees on safari :-
1.AMBOSELI SERENA LODGE
Breakfast:250/=
Lunch:300/=
Dinner:300/=
Accommodation:150/=
TOTAL
1000/=
2.ALTUKAI LODGE
Breakfast:250/=
Lunch:300/=
Dinner:300/=
Accommodation:250/=
TOTAL
1100/=
3.ISBANIA TOWN
Breakfast:120/=
Lunch:250/=
Dinner:250/=
Accommodation
1000/=
TOTAL
1620/=
4.NANYUKI/NAIVASHA/NYERI TOWNS
Breakfast:120/=
Lunch:250/=
Dinner:250/=
Accommodation:800/=
TOTAL
1420/=
5.MOMBASA CITY
Breakfast:200/=
Lunch:250/=
Dinner:250/=
Accommodation:1400/=
TOTAL
2100/=
6.Mara serena lodge full board-1,000/=
7.Mara safari club lodge full board-1,200/=
8.Mara intrapidi lodge full board- 600/=
9.Samburu/serena lodge full board-1,000/=
10.Samburu/Intrapidi Lodge Full board- 600/=