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Sample Collective Bargaining Agreement for Kenya created by WageIndicator Foundation - 2016 -

Start date: → Not specified
End date: → Not specified
Public/private sector: → 
Concluded by:

TRAINING

Training programmes: → Yes
Apprenticeships: → No
Employer contributes to training fund for employees: → No

SICKNESS AND DISABILITY

Maximum days for paid sickness leave: → 1 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: → 13 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: → No
Workplace risk assessment on the safety and health of pregnant or nursing women: → No
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → No
Time off for prenatal medical examinations: → No
Prohibition of screening for pregnancy before regularising non-standard workers: → No
Prohibition of screening for pregnancy before promotion: → No
Facilities for nursing mothers: → Yes
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → No
Paid leave per year in case of caring for relatives: → 14 days
Paternity paid leave: → 14 days

GENDER EQUALITY ISSUES

Equal pay for work of equal value: → No
Discrimination at work clauses: → Yes
Equal opportunities for promotion for women: → Yes
Equal opportunities for training and retraining for women: → No
Gender equality trade union officer at the workplace: → Yes
Clauses on sexual harassment at work: → Yes
Clauses on violence at work: → No
Special leave for workers subjected to domestic or intimate partner violence: → No
Support for women workers with disabilities: → No
Gender equality monitoring: → No

EMPLOYMENT CONTRACTS

Trial period duration: → 180 days
Part-time workers excluded from any provision: → No
Provisions about temporary workers: → No
Apprentices excluded from any provision: → No
Minijobs/student jobs excluded from any provision: → No

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per day: → 7.5
Working hours per week: → 37.5
Working days per week: → 5.0
Maximum overtime hours: → 
Paid annual leave: → 31.0 days
Paid annual leave: →  weeks
Paid bank holidays: → 
Fixed days for paid annual leave: →  days
Rest period of at least one day per week agreed: → Yes
Provisions on flexible work arrangements: → No

WAGES

Wages determined by means of pay scales: → Yes
Adjustment for rising costs of living: → 

Wage increase

Wage increase: →  %

Once only extra payment

Once only extra payment due to company performance: → No

Payment for standby work

Payment for standby work Sundays only: → No
Payment for standby work all days per week: → No

Extra payment for annual leave

Premium for overtime work

Premium for Sunday work

Allowance for commuting work

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → No
New4

Sample CBA Model created by WageIndicator Foundation

COLLECTIVE BARGAINING AGREEMENT BETWEEN (Name of the Employer) AND (Name of the Trade Union)

An Agreement made this (…) day of (…) between (...) Herein referred to as the Employer, and (...) Herein referred to as the Union.

Start date:

End date:

Concluded by:

Name industry: (e.g. Financial services, banking, insurance etc.)

Public/private industry:

Name company: Employer

Names trade unions: Union

1.PREAMBLE

This Agreement shall cover all unionisable employees categorized as

follows: -

For example:

•Cleaners/Messengers- ....................................

•Senior Cleaners/Senior Messengers- .................

•Clerks-..............................................................

•Senior Clerks-..................................................

•Accounts clerks -.............................................

•Accounts Assistants- .......................................

2.DURATION AND EFFECTIVE DATE OF AGREEMENT

This Agreement shall run for a period of (…) months commencing from (…) to (…) provided than any time after January either party may give to the other at least (…) months’ notice in writing of its desire for this Agreement to continue in force for a further period to be agreed upon, or of its intention to terminate the Agreement or alter any clause in the Agreement. In the later event, parties will enter into negotiations on the terms and conditions of a new Agreement and until such times as this is finalized the present Agreement shall continue in force.

3.PROBATIONARY PERIOD

All employees shall from engagement serve a probationary period of six (6) months and upon satisfactory completion of the same shall be confirmed in their respective positions.

Kenyan Labour law about probationary period:

According to Employment Act, probationary period should not be set higher than 6 months; however it can be extended to one year with the consent of a worker. The probationary period cannot exceed one year as an aggregate.

HOURS OF WORK

(a) All unionisable staff shall work for five (5) days a week.

(b) They will work seven and half (7.5) hours a day.

(c) The total working hours in a week shall be thirty seven and half (37.5) (exclusive of lunch breaks).

Hours of duty shall be as follows: -

Monday to Friday..........8.00 a.m. – 1.00 p.m.

Lunch Break..................1.00 p.m. – 2.00 p.m.

Afternoon........................2.00 p.m. – 4.30 p.m.

Kenyan Labour law about working hours:

General working hours are 52 per week, but normal working hours usually consist of 45 hours of work per week. For example, this could be eight hours from Monday to Friday , and five hours on Saturday.

4.BREASTFEEDING MOTHERS

Nursing mothers shall be allowed two and a half hours daily for the first three months alter maternity leave, and one hour daily during working hours for feeding their babies for the rest of the months until the baby is one year old.

5.OVERTIME

Overtime shall be paid for hours worked by the unionisable staff in excess of the prescribed hours as per clause four (4) of this Agreement. The rate of overtime shall be calculated at the rate of one and a half (1½) hours for week days and two (2) hours for Saturdays, Sundays and Public holidays for each excess hour based on the basic pay.

No overtime worked by the unionisable employees shall be computed to enable the employee to take off-duty in lieu of payment.

Nursing mothers shall be allowed two and a half hours daily for the first three months alter maternity leave, and one hour daily during working hours for feeding their babies for the rest of the months until the baby is one year old.

Kenyan Labour law about overtime compensation:

An employer is required to pay at least 150% of the wage if overtime work is performed during normal working hours. Overtime payment for the workers that are not employed on hourly basis, is calculated on the basis of the basic hourly rate of at least one two-hundred-and twenty-fifth of the employee’s basic minimum monthly wage.

The Wages Order also specifies that overtime plus time worked in normal hours per week may not exceed 116 hours in total in any period of 2 consecutive weeks. Thus a worker can work only 6 hours of overtime in a week. For night workers this limit is 144 hours per week. For night workers, 12 hours of overtime is allowed. Sources: §5-6 of the Regulation of Wages (General) Order 1982; §27 of the Employment Act 2007

6.GENDER EQUALITY

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, ethnic or social origin, disability, pregnancy, mental status or HIV status.

Every employee shall be protected from sexual harassment, any unsolicited or unwelcome verbal comment, gesture or physical contact of a sexual nature. Therefore: (a) No employee shall be subject to sexual harassment either by somebody in authority over him/her as a condition of engagement, continued employment, promotion, salary progression, reward or any other consideration or by his/her fellow workmates as a condition as social acceptance at work. Any case of sexual harassment shall be immediately reported by the victim to a designated officer and perpetrator shall be dealt with in accordance with the organization's disciplinary procedures after having been given an adequate opportunity to defend himself/herself against the charges. (b) Sexual harassment shall include any of the following; if the person doing it, knows or ought to have known that it is unwelcome. (i) Making a request or exerting pressure for sexual activity or favours. (ii) Making intentional or careless pressure for sexual activity or favours. (iii) Making gestures, noises, jokes or comments, including innuendoes, regarding another person's sexuality. Each employer shall appoint a designated person preferably a Senior Lady Manager to whom the victims of sexual harassment may report the cases for appropriate action.

It is hereby agreed that 80% of the workforce will comprise of permanent Employees and that the number of female employees should be equal or more than that of their counterparts.

Both the Employer and the Union shall establish a gender and equality subcommittee composed of two representatives each chaired by a person agreeable to both parties to study, inform/advice and make recommendations to the JNC. (b) To implement this, the parties shall establish a joint committee composed of five(5) people in equal proportions of the two representatives each and with a chairperson that shall be greed upon by both parties (c) The work of the committee shall be: (i) Formulate a gender and equality workplace policy or approval by the JNC (ii) Monitor the implementation of the policy or any gender and equality standard (iii) Propose any amendments that may necessary (iv) Perform any other duties that shall promote adequate promotion of both gender and that shall enhance equal treatment of I persons irrespective of gender, race, color, religion, political affiliation.

Not, either on or off the employer’s premises, intimidate, threaten, or harass any non-striking employees or any other persons.

Should an employee commit any of the following offences he/she will be liable to instant dismissal by the Management of the Company. a)Theft b) Fraud c) Proven gross insubordination within ones normal scope of duties. d) Assault of any person at the workplace. e) Drunkenness on duty witnessed by a senior Management staff and a Union representative. f) Bringing unauthorized dangerous weapons into the Company g) Drug abuse whilst on duty. h) Wilful damage of Company property I) Rudeness to customers for no just cause. j) Prolonged absenteeism without cause. k) Divulging confidential Company information

7.PROMOTION

(a) (i) The promotions of all employees shall be based on merit, skill, Academic/Professional Qualifications. Any opening for promotion shall be advertised internally and externally and interviews shall be conducted.

(ii) Serving officer shall be given priority.

(b) When any unionisable employee is promoted, he/she should be given an increase of not less than the difference in the starting scale of the category he/she is being promoted to.

8.TERMINATION OF EMPLOYMENT AFTER WARNING

PROCEDURE

(i) An employee who commits an offence shall be given a warning letter, which shall remain valid for a period of six (6) months.

(ii) If within the six (6) months period the employee commits a similar offence, he/she shall be served with a second warning letter.

(iii) Where an employee completes six months from the second warning without any further offence, the previous warning letter shall be disregarded.

• If within the six months period, the employee commits another similar offence, he/she shall be issue with a third warning letter.

• If within the same period of six months the employee commits a similar offence, he/she shall be come liable for interdiction.

9.INTERDICTION/SUSPENSION FROM DUTY

Definition: This means that an employee is stopped from exercising the powers and Functions of his/her office and does not therefore attend duty. An employee on interdiction:

(a) (i) Shall be paid half salary

(ii) Shall report as directed by the immediate supervisor

(iii) The period of interdiction shall not exceed three months during which period the employee shall be summoned to appear before the General Manager to defend him/herself against all the charges preferred against him/her as contained in all the warning letters.

If the employee who is on interdiction is found innocent, the interdiction/suspension shall be lifted and he/she shall be paid the balance that had been deducted from his/her full salary for the period he/she was on interdiction.

(b) If an employee is found guilty by the employer and depending on the magnitude/seriousness of the offence, he/she shall be subjected to any of the following three punishments:

(i) Warning: He/she shall be warned and allowed to continue working.

(ii) Suspension: He/she shall be suspended for a period not exceeding six months after which he/she shall be reinstated in employment with full pay.

Note: an employee on suspension shall not be paid any salary.

(iii) Termination of employment

Where the Central Management Committee is satisfied beyond any reasonable doubt that the offences are serious and thus warranting severe punishment, services of such an employee shall be terminated.

Note: A copy of each warning letter and a copy of termination letter is issued to an employee in accordance with the provision of the above section shall be sent by the employer to the Secretary General of the Union (BIFU).

(b) NOTICE OF TERMINATION

(i) If the Employer wishes to terminate the services of an employee, Employer shall give the employee one (1) month’s salary in lieu of notice. On the other hand, any employee wishing to terminate his/her services with the Employer, he/she shall give the Employer one (1) month notice or pay one (1) month’s salary in lieu of notice.

(ii) If the Employer wishes to terminate the services of an employee who is on probation, the Employer shall give the employee one (1) month notice or pay one (1) month’s salary in lieu of notice. An employee serving his/her probation period shall give the Employer one (1) month notice of his/her intention to terminate the employment contract or pay one (1) month’s salary in lieu of notice.

(c) TERMINAL BENEFITS

An employee whose services have been terminated shall be entitled to all benefits provided the said employee has completed the probation period.

10.REDUNDANCY AND SEVERANCE PAY

(a) Redundancy is understood to mean the involuntary loss of employment through no fault of the employee concerned, caused either by an excess of manpower or by the financial inability on the part of the Employer to continue paying salaries.

(b) Where it is necessary to terminate the employment of an employee on the grounds of redundancy, the Employer shall give the employee notice in writing of their intention to do so and pay severance as follows: -

(i) 1 year – 5 years of service shall be given one (1) month notice or be paid one month’s salary in lieu of notice and in addition be paid one month’s salary for each completed year of service.

(ii) Five (5) years – Ten (10) years shall be given two (2) months working notice or be paid two (2) months’ salary in lieu of notice and in addition be paid two (2) months’ salary for each completed year service as severance pay.

(iii) Ten (10) years and above shall be given three (3) months working notice or be paid three (3) months’ salary in lieu of notice and in addition be paid three (3) months’ salary for each completed year of service as severance pay.

(iv) All retirement benefits shall be paid to him/her as if he/she had resigned voluntarily.

(v) The union shall be informed of the reason for and the extent of intended redundancy.

(vi) The principle to be adopted shall be that of “last in, first out” subject to all other factors such as skill, merit, ability and reliability being equal.

(vii) Should an employment opportunity arise, the Employer shall give preference to the persons laid off as a result of redundancy provided that the vacancy that has arisen is of the similar grade that the said person was holding prior to his/her being laid off.

(viii) Where the employee is entitled to their benefits, e.g. leave, leave pay, e.t.c. a pro-rata compensation shall be made at the time of discharge on account of redundancy.

(ix) Salary for the purpose of calculating pay shall be the salary of an employee on the date the employee ceases to be in the employment.

(x) The effective date of these provisions shall be deemed to be the date of engagement of the employee.

Kenyan Labour law about Notice and Severance:

Notice Requirement

A worker may be terminated after serving due notice or paying in lieu of notice. Length of notice period depends on the type of employment contract. If workers are paid on a monthly basis or longer interval, a 28-day notice must be served before contract termination Source: § 35-36 & 43-51 of the Employment Act 2007.

Severance Pay

Severance pay, paid by the employer, in Kenya is equivalent to 15 days basic wages for each completed year of employment. Source: § 35(5,6), 40(1g) of the Employment Act 2007.

11.RETIREMENT

(a) The Employer shall allow any employee wishing to retire early to do so voluntarily at the age of 50 years. This retirement shall be treated as if the employee has retired at the age of 60 years and therefore, such an employee shall be entitled to all the retirement benefits.

(b) All employees shall retire at the age of 60 years.

12.RETRENCHMENT AND VOLUNTARY EARLY RETIREMENT

The Employer shall consult with the Union in case there is need for Voluntary Early Retirement or Retrenchment.

13.MERIT INCREMENT

A unionisable employee who performs above average in his/her jobs shall qualify for merit increment at the discretion of the Employer.

14.CERTIFICATE OF SERVICE

Every employee shall be given a certificate of service by his/her Employer upon the termination of his/her employment for whatever reasons. Every certificate shall contain only the following details: -

(a) The name and address of the Employer

(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

(f) Such other particulars as may be prescribed e.g. Courses attended. In addition the certificate of service shall contain a statement to the effect that it has been issued without alterations or erasure.

15.LEAVE

(a) (i) Employees serving in grades E1 to E6 shall be entitled to an annual leave of thirty (30) working days every year.

(ii) Employees of the Society shall be expected to take their annual leave entitlement every year.

The onus of applying to take the annual leave rests solely with the employee concerned and as far as possible the employees shall be granted leave on the anniversary date of his/her engagement.

However, due to office exigencies the Employer may arrange a leave roster accordingly upon application by an employee. Any employee wishing to extend his/her authorized leave period must obtain written permission from the General Manager.

(b) ANNUAL LEAVE ALLOWANCE

All unionisable employees proceeding on their annual leave shall be paid leave allowance equivalent to Kshs. 6,000/= every year.

(c) UNPAID LEAVE

Where an employee has exhausted his/her annual leave days and a need arises which requires him/her to be absent from duty, and the reason necessitating such absenteeism does not fall under the other categorized leaves e.g. compassionate leave e.t.c. the employee will qualify for fourteen (14) days leave days without pay unless the Employer at his own discretion decided otherwise.

(d) SICK LEAVE

Any absence from duty due to sickness shall be certified by a qualified medical practitioner and shall be granted as follows:-

(i) The first three (3) months on full pay

(ii) The subsequent four (4) months on half pay

(iii) Subsequent three (3) months without pay

Thereafter the Employer shall review the matter in consultation with the Union.

In the event of an injury to an employee, the provisions of the Work Injury Benefits Act 2007, Laws of Kenya shall apply and the Company shall bear the cost of medical treatment in accordance with the Employment and Work Injury Benefits Act.

Kenyan Labour law about Sick Leave:

Income

In accordance with the Employment Act every worker is entitled to paid sick leave (sickness benefit) for up to 14 days per year, after completion of 2 months of service with an employer. Employer may provide fully paid sick leave for the first 07 days, and half wages are paid for the remaining 07 days. This full pay includes basic pay excluding deduction. Source: § 30 of the Employment Act 2007.

Job Security

According to the Employment Act 2007, an employer may not dismiss a worker during his/her period of sick leave, pregnancy or disability. Such a dismissal would be unfair. Source: § 46 of the Employment Act 2007.

(e) MATERNITY LEAVE

(i) A female employee shall be entitled to ninety (90) days maternity leave with full pay.

(ii) The time at which maternity leave is taken shall be at the discretion of the employee concerned.

(iii) On expiry of a female employee’s maternity leave as provided for in the law, the female employee have the right to return to the job which she held immediately prior to her maternity leave or to a reasonably suitable job on terms and conditions not less favourable than those which would have applied had she not been on maternity leave.

(iv) No female employee shall forfeit her annual leave entitlement on account of having taken her maternity leave.

(v) A male employee shall be entitled to Paternity Leave of two (2) weeks with full pay when his spouse gives birth.

Kenyan Labour law about Maternity/Paternity and Work:

-Female workers are entitled to 3 months (91 calendar days) of fully paid maternity leave on the birth of a child. The worker must give a written notice of at least 7 day (or even shorter period under certain circumstances) prior to proceeding on maternity leave on a specific date and to return to work thereafter. Worker may also have to provide a certificate of her medical condition from a qualified medical practitioner or midwife, if required by the employer. Maternity leave can be extended with the consent of employer or a worker may proceed to sick leave or annual leave or any other kind of leave with employer's consent. Source: § 29 of the Employment Act 2007.

-The maternity leave is granted with full pay and the pay during leave period is financed by the employer. Source: § 29(1) of the Employment Act, 2007.

-It is illegal for an employer to dismiss a female worker due to her pregnancy or any other reason connected with her pregnancy in all aspects of employment. Source: § 46 of the Employment Act 2007.

-A female worker has the right to return to same job/position (or some other similar and suitable position) after availing her maternity leave, on same terms and conditions which would have applied if she had not been on maternity leave. Source: § 29(2) of the Employment Act 2007.

-Employment Act provides for two weeks/14 working days of paid paternity leave. Written notice is not required to proceed on paternity leave but employer may ask for it. Source: § 29(8) of the Employment Act 2007.

(f) COMPASSIONATE LEAVE

An application for a compassionate leave will be given sympathetic consideration. Any such leave shall not exceed fourteen (14) working days. Such leave shall not be subtracted from the employee’s annual leave days, and shall be with pay in any one year.

(g) PAID STUDY LEAVE

The Society shall allow staff to attend courses approved by it. An employee on study leave is deemed to be on duty.

16.JOB GRADING

The management and the union shall look into this issue at the shop-floor.

17.ACTING ALLOWANCE

(i) Where an employee is required to carry out the duties of a post of a higher grade than his/her own, he/she shall be entitled to an acting allowance equivalent to the difference between the substantive basic salary of the employee concerned and the current entry point of the salary scale of the higher grade.

(ii) A person acting in a higher grade for a continuous period of six (6) months shall be confirmed in the higher grade provided the position is vacant and meets the qualifications for the post.

(iii) An employee shall be given a letter to the effect that he/she is acting within three (3) days of commencement of such acting.

18.HOUSE ALLOWANCE

House Allowance for all employees shall be increased by 8% 2014/2015 and another 8% 20151/2016across the board effective 1st April 2014 to 31st March 2016.

For example:

Grade

2013/2014

2015

2016

Current

1st year

2nd year

8%

8%

E1

5,977

6,455

6,972

E2

6,241

6,740

7,280

E3

6,970

7,528

8,130

E4

7,979

8,617

9,307

E5

9,581

10,347

11,175

E6

10,641

11,492

12,412

 

19.OWNER OCCUPIER

(i)It was agreed that the Employer shall pay an owner occupier House allowance equivalent to 22% of the capital cost spread over twelve (12) months, subject to a capital ceiling of Kshs. 300,000/= per annum.

(ii) A valuation certificate from a reputable valuer appointed by the Employer.

(iii) This allowance shall only be payable to staff who own and stay in their wholly owned houses.

20.SPECIAL DUTY ALLOWANCE

When an officer does not possess the necessary qualifications and cannot be appointed to act in a higher post but is nevertheless called upon to undertake the duties of that post either in full or in part, for a limited period of time by the appropriate authority, the amount of allowance will be assessed to 2/3 of the difference between an officer’s substantive basic salary and minimum salary of the higher post subject to the allowance not exceeding 25% of his/her substantive basic salary.

21.NATIONAL DAYS

During National Days, e.g. Ushirika Day, the Employer shall provide meals and transport to the employees participating in the event. Meals shall be provided to the concerned employees at the rate provided under clause 25 of this agreement.

22.COMMUTER ALLOWANCE

Where the use of a private car is necessary, commuter allowance shall be paid at the rate of Kshs. 2,200/= per month.

23.SUBSISTENCE ALLOWANCE WHEN TRAVELLING ON DUTY

An employee traveling on duty outside Kenya will be paid subsistence allowances based on the prevailing Government rates per diem.

24.ACCOMMODATION AND NIGHT-OUT ALLOWANCE

An employee of the society when traveling on official duty and is compelled to stay in a hotel shall be refunded a reasonable amount of expenses incurred on production of authentic receipts or be paid per diem at the rate of Kshs. 1,500/= without production of receipts. The Society shall further pay an out of pocket allowance of 10% of the hotel bill.

25.MEALS ALLOWANCE

An employee who due to unavoidable circumstances works during non-working hours shall in addition to overtime be paid meals allowance as follows: -

For Example:

Kshs.

Lunch - ........700/=

Supper- .......700/=

Breakfast-.... 300=

26.COMPUTER INCONVENIENCES ALLOWANCE

The Society will appropriately provide safety measures and requirements and will remunerate them accordingly.

27.LOANS AND ADVANCES

(a) House Loan

Employees to borrow as the rest of the members of the Society.

(b) Shamba Loan

Employees to borrow as the rest of the members of the Society.

(c) Development Loan

Employees to borrow as the rest of the members of the Society.

(d) Car Loan

(i) The maximum of car loan will be 90 per cent of the officer’s annual basic salary.

(ii) The repayment period shall not exceed 48 months depending on the condition of the car.

(iii) Loan to purchase the motor vehicles shall be advance to an officer who has satisfactorily completed their probationary period.

(iv) The interest on car loans to staff will be charged at the rate agreed upon between the Society and the loan applicant.

(e) Motorcycle Loan

Condition 4 (d) except for condition (d) (ii) above will apply to this type of advance. The amount of such an advance shall not exceed Kshs. 10,000/=. The repayment period shall not exceed 36 months.

(f) Bicycle Loan

Advance to purchase bicycle are subject to the same condition relating to purchase of motor-cycle above. However, the repayment period shall not exceed 18 consecutive months and the amount of advance shall not exceed Kshs. 2,500/=.

(g) Consumer Durable

Unionisable employees shall apply for loans as the rest of the members of the Society.

(h) Salary Advance

The Society shall assist any employee who is in difficulties, which are beyond his/her control by availing him/her a salary advance, which shall be recovered within one (1) year. A request for more than one month’s salary shall be granted by the Society in very exceptional circumstances.

(i) Salary in Advance

An employee may be given his/her salary in advance when proceeding on leave or in certain circumstances beyond his/her control. This advance is recoverable in full from the employee’s salary at the end of the month in which he/she took the advance.

28.MEDICAL

All employee of the Society, their spouses and children shall be entitled to a medical cover provided by the Society as follows: -

For Example:

Annual limit- Kshs 500,000/=

Accident hospitalization up to Kshs 500,000/= per person per year

Illness hospitalization up to Kshs. 200,000/= per person per year

Funeral and rehabilitation – Kshs. 50,000/= per person

Psychiatric treatment of up to Kshs. 100,000/=

Covers pre-existing, chronic conditions and HIV/AIDs

Option to purchase Accident with Permanent Total Disability of Kshs. 1 million for adults and Kshs. 500,000/= for children.

Road rescue in Nairobi and Mombasa only available at an extra fee.

Kenyan Labour law about Health and Safety:

Employer Cares

The Occupational Health and Safety Act (OSHA) provide for the health, safety and welfare of persons employed, and all persons lawfully present at workplaces and related matters.

It is obligatory for an occupier to provide and maintain plant and systems and procedures of work that are safe and without risk to workers' health. Preventive and protective measures should be taken after proper risk assessment (at least once a year) to ensure that all chemicals, machinery, equipment, tools and process are safe and without risk to health and comply with the requirements of safety and health provisions in this Act. Source: §6 & 47-95 of the Occupational Safety and Health Act 2007

Training

In accordance with the Occupational Safety and Health Act 2007, it is the responsibility of an employer to provide instruction, training and supervision as is necessary to ensure health and safety at work of his workers. If a person fails to comply with these provisions, he/she commits an offence and is liable to a fine up to 200,000 shillings or to imprisonment up to six months or to both. Source: § 99 of the Occupational Safety and Health Act 2007

29.FUNERAL EXPENSES

(a) In event of death of an employee’s spouse or child, the Employer shall contribute an amount not exceeding Kshs. 100,000/= towards the funeral expenses.

(b) In the event of the death of an employee, the Employer shall provide a coffin, transport and make a contribution of amount not less than Kshs. 240,000/= towards the funeral expenses.

(c) The employee’s spouse and children shall also enjoy the benefit of the contributory benevolent fund.

30.GROUP LIFE INSURANCE

(i) The Employer shall maintain a Group Life Insurance Policy on behalf of the employees.

(ii) Sum assured shall be an employee’s 2 years’ Gross Pay.

31.TRAINING

The Employer shall train employees on relevant field to their duty recognized courses and approved by the Society and will in addition refund examination fees levied by recognized examination bodies such as KASNEB, KNEC on production of receipts and result slips.

32.UNIFORMS

Employees shall be provided with free uniforms as follows: -

For example:

Men Messengers

Lady Messengers

Shirts

2

Blouses

3

Jackets

2

Skirts

3

Trousers

2

Jackets

2

Watchmen

Drivers

Shirts

2

Shirts

2

Jackets-

2

Jackets-

2

Trousers

2

Trousers

2

Helmets

1

 

These employees shall be provided with one (1) bar soap per month. Raincoats or umbrellas shall be available to the above employees wherever necessary.

In accordance with the Occupational Safety and Health Act 2007, it is the responsibility of employer to provide free protective equipment including clothing and appliances, and where necessary, suitable gloves, footwear, goggles and head coverings to the workers involved in hazardous work. The type of PPE needed varies depending on the nature of work being performed. Source: § 101 & 102 of the Occupational Safety and Health Act 2007

33.SALARIES AND WAGES

The current salary structures shall be revised by 8% and 8% for years (201…/201…) and (201…/201…) respectively as follows:

For example:

Grade

2013/2014

2015

2016

Current

1st year

2nd year

8%

8%

E1

10,283

11,106

11,994

E2

12,143

13,114

14,164

E3

13,405

14,477

15,636

E4

18,179

19,633

21,204

E5

22,763

24,584

26,551

E6

27,115

29,284

31,627

(ii) In addition, there shall be a General Wage Increase of 8% effective 1st April 2014 to 31st March 2015and another 8% for effective 1st April 2015 to 31st March 2016 to all unionisable employees.

34.PERFORMANCE APPRAISAL

i. The Company has a system of performance appraisal which is set out to enable the company and the employee determine how well the employee is performing his job functions and what is needed to enable the employee improve performance.

ii. The Appraisal shall be done at least once in a year for all employees and the results of each employee's appraisal shall be communicated to him.

iii.-The results of performance appraisal shall form part of the basis for determining promotions, transfers, and review of remuneration packages, Employee Performance Bonus Plan and discharge from the company due to unsatisfactory performance.

iv. All future increments will depend on the employer’s business performance and Country’s economic performance, e.g. inflationary rates. Should the official inflation of any year be above the percentage of the previous years, Management undertakes to do a salary adjustment to counter the effect of this (ie. If the inflation rate will be 18% and increases to 21% in the following year, the management will give a difference of 3% in that year. If the inflation rate will be below 18%, no increase will be given in that year.

35.PROVIDENT FUND SCHEME

Provident Fund benefits shall be paid as laid down in the trust deed registered by Retirement Benefits Authority (RBA) and shall operate as follows: -

(i) The Employer shall contribute towards the fund for each employee an equivalent of 10% of the employee’s basic salary.

(ii) The employee shall contribute towards the fund and equivalent of 10% of his/her basic salary.

(iii) The fund shall be managed jointly by the Employer and the workers’ representatives through a Board of Trustees.

(iv) On termination of employment, the employee shall be paid both the Employer’s total contribution and his/her contributions. Interest earned by this fund shall be paid to such an employee.

(v) Statements of balance shall be provided annually to every contributing member.

(vi) He/she shall be entitled to his/her contribution including interest and the Employer’s contribution.

36.EMPLOYMENT IDENTITY CARD

All employees shall be issued with an employment identity card. Such a card shall contain the following details: -

(i) Name of Employer

(ii) Address of the Employee

(iii) Employee’s full names

(iv) Employee’s National Identity Card Number

(v) Date of engagement of the employee

37.ANNUAL DINNER

(i) The Employer shall organize an annual dinner when funds are available.

(ii) This get-together will enable Management and employees interact and discuss the events of the year.

(iii) Long service awards shall be given during such occasions if necessary.

38.NATURE/STATUS OF INDIVIDUAL CONTRACT SERVICE (LETTER OF APPOINTMENT)

The letter of appointment shall be in conformity with the Collective Bargaining Agreement (CBA).

39.STAFF CANTEEN

The Employer shall operate a canteen within the Society’s premises to provide workers with meals at subsidized rates.

40.SPORTS

The employer shall encourage workers to participate in sports and in-door games in order to keep fit.

41.GRATUITY

(i) Any unionisable employee who leaves employment for any reason other than gross-misconduct shall be entitled to gratuity compensation at the rate of ten (10) days salary for each completed year of service.

(ii) The salary to be used for computation of gratuity compensation is the salary at the end of the employment contract.

42.SOCIAL SECURITY AND PENSIONS

Medical Incapacitation The company shall make reasonable endeavours to provide appropriate rehabilitation programmes direct towards restirring the physical, mental and social wellbeing of its employee who have been medical incapacitated and who are unable to perform their normal work due to occupational diseases or injuries sustained on duty. The company shall further endeavour to identify suitable alternative work for it medical incapacitated employees and relevant information in this regard should be disclosed to the employee and TAMICO. Also the Company shall find alternative employment If the cause of incapacity is due to the employment related and is incurable disease/cause the employee will be paid compensation of 12 months’ salary for every year of service he/she worked for the company. This shall not apply to those workers who lost parts of their body at work.

43.ANNUAL LEAVE

On completion of twelve consecutive months of service employees shall be entitled to annual leave of 31 working days which will be taken with the consent of the employer.

Subject to mutual agreement between the employer and the employee in exceptional circumstances such annual leave shall be accumulated. Where employment is terminated after two months service the employee will be paid for leave on pro-rata basis.

Kenyan Labour law about Holidays, Paid annual leave and Rest Periods:

Public holiday

Workers are entitled to paid Festival (public and religious) holidays. Festival holidays are announced by Kenyan Government at the start of calendar year (usually 11 in number). Sources: §9(3) of Constitution of Kenya 2010; §8 of the Regulation of Wages (General) Order 1982; Public Holidays Act 1984.

Paid Vacation

The Employment Act provides for annual leave to all workers on completion of one year of service. The full time workers are entitled to 1.75 days of annual leave for one month of service. This means 21 working days for 12 months of service. In the event of termination of employment after an employee has completed two or more consecutive months of service of the 12 months leave-earning period, he/she is entitled to one and three-quarter days of leave with full pay for each completed month of service in that period to be taken consecutively. Source: § 28 of the Employment Act 2007; §9 of the Regulation of Wages (General) Order 1982.

Weekly Rest Days

Workers are entitled to 24 consecutive hours of rest per week. The employer and the worker may agree to defer the worker’s weekly rest day. It may be rescheduled on the successive day or may be accumulated and taken at once as a fully paid leave of maximum fourteen days. Source: §27(2) of Employment Act 2007; §6-7 of the Regulation of Wages (General) Order 1982

SIGNED FOR AND ON BEHALF OF THE EMPLOYER

NAME:

TITLE:

SIGNATURE:_________________________

SIGNED FOR AND ON BEHALF OF UNION BY:

NAME:

TITLE:

SIGNATURE:_________________________

NAME: TITLE:

SIGNATURE:__________________________

WITNESSED BY:

NAME:

TITLE:

SIGNATURE:__________________________

SIGNED ON THIS ________ DAY OF _______________________

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