COLLECTIVE BARGAINING CONTRACT BETWEEN MCC LIMITED AND COMMUNICATION AND TRANSPORT WORKERS UNION

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COLLECTIVE BARGAINING AGREEMENT BETWEEN MCCL AND COTWU (T)

1.0.0 PREAMBLE

1.1. This Collective Agreement is made between MCC Limited hereinafter referred to as the “EMPLOYER” forming the first part to Agreement and the COMMUNICATIONAND TRANSPORT WORKERS’ UNION (COTWU) (T) OF TANZANIA (hereinafrer refered to as the Union), forming the second part of the Agreement.

1.2. The agreement embraces. “Negotiations and Consultations” the rules and procedures through which negotiations and consultations shall be conducted, Salaries and Wages, other Terms and Conditions of employment applicable to workers employed and comfirmed by the Employer except those on probation and daily paid workers.

1.3. In this agreement however, where any word or clause contravenes the provisions or requirements of any of the existing labour laws or offers relatively inferior terms to those provided for, then such Laws,Regulations or Orders shall apply.

1.4. PRODUCTIVITY PERFORMANCE AND EFFICIENCY

It is agreed that after successful conclusion of these discussions, the Union shall assist the Employer in

i. Ensuring that the proper plans to increase productivity are implemented as drawn by the Employer.

ii. Preventing employees from indulging in acts which are detrimental to productivity (eg.waste materials, theft, negligence lateness, absenteeism, insubordination etc) and REPORTING SUCH ACTS OR any other threats against the Employer and or its property and advising the management on how to handle such situations should they arise.

iii. Take necessary measures to prevent negligent and destrustion of the Employer’s property.

2.0.0 CHANGES IN LABOUR LEGISLATION

2.1. In the event of any amendment or of the existing or introduction of new labour laws, the Employer and the Union shall meet as soon as possible, to change, amend or remove that part of this agreement, which is in conflict with the respective labour legislation. It is agreed that such changes or amendments shall be to render the Agreement legally acceptable.

3.0.0 COMMUNICATION TO EMPLOYEES

3.1. The employer undertakes to inform all employees of any policy changes affecting them by using the most effective means depending on the circumstances.

4.0.0 DEFINITIONS AND INTERPRETATIONS

In this agreement, unless the context otherwise requires:-

4.1. “EMPLOYER/COMPANY” - Shall mean MCC Limited

4.2. “UNION” - Shall mean the Communication and Transportation Workers’ Union of Tanzania [(COTWU) (T)].

4.3. “COUNTRY” - Shall mean Mainland Tanzania

4.4. “MANAGING DIRECTOR” - Shall mean the Managing Director of the Company.

4.5. “MANAGEMENT” - Shall mean Managing Director, General Manager and Heads of Department of the Company.

4.6. “GENERAL SECRETARY” - Shall mean the General Secretary of the Communication and Transpost Worker’s Union of Tanzania [COTWU(T)] or any other Officer or Officers duly authorised and delegated by him to act or carry out Union functions on his behalf.

4.7. “UNION REPRESENTATIVES” - Shall mean General Secretary of the Communication and Transport Worker’s Union of Tanzania [COTWU (T)] or any other officer or Officers dully authorised by him to act or carry out Union functions on his behalf.

4.8. “EMPLOYEE” - Shall mean any person or persons employed by the Company under the permanent conditions only or as defined under the labour laws of the Country.

4.9. “UNION MEMBER” Shall mean any employee of the Company who is a member of the Union as defined by the laws of the Country.

4.10. “COMMISSIONER” - Shall mean the Commissioner dealing with labour matters.

4.11. “LABOUR COURT” - Shall mean the High Court (Labour Division).

4.12. “COUNCIL/BARGAINING UNIT” - Shall mean the Management / Union Joint Industrial Council within the Company through which the Management and the Union shall meet to negotiate for improvement of salaries and other terms and conditions of

service.

4.13. “SALARIES AND WAGES” - Shall mean salary, wages rates, overtime rates and any other allowances.

4.14. “OTHER TERMS AND CONDITIONS OF SERVICE” - Shall mean work rules and or regulations, hour and places of work, leave

packages, travel concessions, meals and other catering concessions, pension and other related retirement emoluments that may be agreed upon between the parties from time to time and or regulations relevant to these facilities in the Country.

4.15. “COLLECTIVE AGREEMENT” - Shall have the same meaning ascribed to it under section 4 of the Employment and Labour Relations Act, 2004.

4.16. “GRIEVANCES” - Shall mean a complaint or complaints and / or a feeling or feelings of dissatisfaction by either an employee, employees or employer, against any action or treatment or occurence considered unfair by the party complaining.

4.17. “GRIEVANCE SETTLEMENT PROCEDURES”- Shall mean any procedure laid down by the parties to cater for the settlement of grievences or settlement of disputes and as defined under the provisin of the laws of the Country.

4.18. “DISPUTE” - Shall have the same meaning ascribed to it under section 4 of the Employment and Labour Relations Act, 2004.

4.19. “STRIKE” - Shall have the same meaning ascribed to it under section 4 of the Employment and Labour Relations Act, 2004.

4.20. “LOCKOUT” -Shall have the same meaning ascibed to it under section 4 of the Employment and Labour Relations Act, 2004.

4.21. “APPENDIX” - Shall mean an attachment or addendum to this Agreement and shall be read as part of this Agreement.

4.22. “GENDER” Words denoting male gender shall be construed as denoting femalegender, unless specifically applied.

4.23. “REDUNDANCY”.- Shall mean retrenchment or reduction of workers, arising from compulsory re-organization of employees’ establishment to strengthen a department, or a section or a unit

of operations, owing to economic circumstances beyond control of the employer and as defined under relevent articles of the Labour Laws.

4.0. "DEPENDANT” Shall mean husband or wife and 4 children of an employee whether biological or legally adopted of under 18 years and 20 years if the child is in formal and continuous school.

4.1. ‘REPATRIATION ALLOWANCE” - Shall mean transportation costs of an employee, his immediate family members and his personal effects up to the place of domicile.

4.2. “PLACE OF DOMICILE” - means place of birth of an employee or any other place according to the regisration form of an employee

4.3. “LAW/LABOUR LAWS” - means both principal legislation constituted by regulation, rules, and order governing employment matters in Mainland Tanzania.

5.0.0 RECRUITMENT / APPOINTMENT

5.1. The employer shall require every newly recruited employee to sign a contract of employent summarising the term of appointment.

5.2. The contract of employment referred to above shall, among other things, specify the salary and wages and other terms and conditions attached to the post.

5.3. Generally, there shall be three types of contract of service as per Labour Relations Act section 14(1) a,b,c.

5.3.1 Special Contract of Services: whereby the appointment or engagement period shall be specified, with a provision for renewal (if any). This type of contract shall have no regard to any age limit, provided always that the person taking up the employment is not below the age required by the law. Employees engaged under this type of contract are not entittled to collective bargaining benefits.

5.3.2 Permanent and Pensionable Contract of Service; whereby an employee takes employment on permanent and pensionable terms. This is a type of employment in which a person can work up to the retirement age as specified by the law. Employees engaged under this type of contract shall first be appointed on probation whose period shall not exceed six months.

5.3.3 In both cases every employee shall be provided with a job description

6.0.0 EMPLOYEE / EMPLOYER OBLIGATIONS

6.2.0 For the purpose of good employee/ employer relations and the fulfillment of legal requirements, both parties are expected to adhere strictly to their obligations.

6.2.0 The main obligations by either party in relation to paragraph 6.1.0 above are total adherence to:-

6.2.1 The requirement and/or provisions of the law.

6.2.2 The requirement and / or provision of the Collective Agreement and any other matters mutually agreed between the parties.

6.2.3 The requirement of the Company written rules or labour laws known to the Union.

7.0.0 WORKING HOURS

7.1. Employees shall work for five days in a week with a total of forty working hours. Saturdays, Sundays and Public holidays shall be treated as rest days

7.2. Work shall commence at 8.00 hours to 17.00 hours and lunch break shall be between 13.00 and 14.00 hours.

8.0.0 STAFF SERVICE RULES AND REGULATIONS

8.1.There shall be staff rules and regulations stipulating what is required of an employee which forms part of this agreement.

The rules of an employee which forms part of this agreement. The Rules and Regulations shall be prepared by the Management and agreed by the union and be accepted by the employee on offer of employment.

8.2. TRANSFERS

8.2.1 The employer has more than one station area of operation and as such some employees may be moved from one area to another.

8.2.2 Although transfering an employee from one station to another is at the discretion of Management, the same shall be done on strict adherence to the law. Where transfer of the Union Field Branch Chairman, Secretary and Committee Members is involved, the Management shall inform COTWU Headquarters before implementation of transfer process.

8.2.3 In all cases, any transfer of an employee to another station should be communicated to the Union Branch office to allow adjustment of records for union membership records.

8.2.4 An employee transferred shall be provided with Seven (7) Calender days as settlement leave.

Prior to the transfer,management shall assist the employee to identify a house.

8.2.5 An employee transferred shall be entittled to baggage allowance to the new work station as shown below

(a) Grade 1-4 entittled 4 tons

(b) Grade 5-6 entittled to 3.5 tons

(c) Grade 7-8 entittled 3 tons

8.2.6 An employee been transferred shall be paid disturbance allowance equivalent to ten (10) days internal subsistance travel allowance.

An employee transferred shall be paid ocassional meal allowance (according to the grade of the employee) on each travelling day per employee plus spouse and maximum of 4 dependants for a maximum of 2 days.

9.0.0 EMPLOYMENT REMUNERATION

9.1. While in the service of the Employer, an employee, shall qualify for the employment remuneration as stated hereunder, thespecified amounts or figure of which are revisable from time totime through mutual agreement.

9.2. Annual increase of salaries shall be affected in consideration of the following:-

9.2.1 Any change in labour laws, as regards to minimum pay

9.2.2 Cost of living index/ inflation

9.2.3 Ability to pay vs. Productivity

9.2.4 The employees contribution to overall company result as per quarterly staff appraisal.

9.3. Salaries shall be sealed according to the company grading system, number of years in service, with minimum salaries if possible being applied to those in grade 8 who have served the company for a period less than a year.

10.0 OVERTIME PAYMENT

10.1.0 Overtime payment is compensation to workers for work done beyond normal working hours. The same shall be computed as follows

10.2.0 ORDINARY OVERTIME

Extra hours worked during ordinary days shall be paid at time and half. i.e. normal rate plus 50%

10.3.0 DOUBLE OVERTIME

All hours on a Public Holiday, Saturday, Sunday or employee’s normal day of rest shall be paid at double the normal rate i.e. normal rate plus 100%.

11.0.0 ALLOWANCES

11.1. ACTING/RESPONSIBILITY ALLOWANCE

Where an employee is required to temporarily perform a job in a more or senior or highest position for a minimum of 18 working days within one callender month which increases the workload, he or she will be communicated to in writing by Management. The employee shall be paid additional 30% of his basic monthly salary as an acting/responsibility allowance and shall enjoy all other benefits attached to the post.

12.1.1 LIMIT OF ACTING

Any employee may be allowed to act in a vacant post for a period not exceeding three consecutive months after which the same should be considered for the post.

12.2.0 TRANSPORT ALLOWANCE

12.2.1 The employer shall provide transport for all employees to and from the work from designated places. However where there is a breakdown of the company bus, the company shall refund normal direct bus fare prevailing at that time.

12.2.2 Where the breakdown is for a long period , say a week, another bus may be hired.

12.2.3 The staff bus shall pick and drop the workers at the nearest bus stop.

12.3.0 SUBSISTENCE ALLOWANCE

12.3.1 An employee travelling on duty to up-country station shall be entittled to subsistance allowance.

12.3.2 Be paid fare to and from the station by the economic means of transport.

12.4.0 INTERNAL TRAVEL SUBSISTANCE ALLOWANCE

12.4.1 Grade 1-2 be paid 55,000/= per day

12.4.2 Grade 3-4 be paid 50,000/= per day

12.4.3 Grade 5-6 be paid 47,000/= per day

12.4.4 Grade 7-8 be paid 45,000/= per day

12.5.0 INTERNAL OCCASSIONAL MEAL ALLOWANCE

12.5.1 An employee travelling between his base station and the duty station, shall be paid meal allowance as scheduled below. This shall be reviewed annually.

15.5.1 Grade 1-2 be paid 15,000/= per day

15.5.2 Grade 3-5 be paid 12,000/= per day

15.5.3 Grade 6 -8 be paidl0,000/= per day

12.6.0 EXTERNAL SUBSTENCE ALLOWANCE

An employee travelling on duty outside the country shall be paid occassional meal allowance as scheduled below;-

12.6.1 Grade 1-2 be paid USD 135 per day

Grade 3-8 be paid USD 100 per day

12.7.0 HOUSING

Parties acknowledge that housing is a pressing issue. However, because of the poor economic conditions of the employer,it was agreed that Union and Management may consider sitting and discussing when the situation improves.

13.0.0 ANNUAL BONUS

13.1.Bonus shall be paid to employees according to performance of the Company as decided by the Board of Directors of the company.

14.0.0. TERMINATION OF SERVICE

14.1. Termination of service shall mean discontinuation of service of an employee by the employer.

14.1.1 NOTICE

14.1.2 Where the employer envisages termination of the employment of an employee, he shall write a letter for the intended action stating elaborately the reasons for termination with a copy to the Union Field Branch Committee.

14.1.3 The employer shall give 30 days notice or payment of 1 month salary in lieu of notice.

15.0.0 TERMINAL BENEFITS ON TERMINATION OF EMPLOYMENT BY EMPLOYER OTHER THAN DISCPLINARY ACTION

15.1.1 Where the employer terminates the service of an employee on grounds other than discplinary action, the employee shall be entittled to:-

15.1.2 One month salary in lieu of notice

15.1.3 Payment of any leave days accrued

15.1.4 Any salary due to the day of termination

15.1.5 Facilitation, assistance of social security fund [NSSF] and other Pension scheme’s benefit payments in accordance with the prevailing Laws.

15.1.6 Repatriation allowance

15.1.7 One (1) month salary of each year of service as a compensation of unexpected loss of employment to the maximum of seven (7)

years.

15.1.8Severance pay shall be paid as per Employment and Labour Relations Act 2004 Section 42.

16.0.0 REDUNDANCY PROCEDURE

16.1. Redundancy shall mean discontinuation of employees service through reduction of Company labour force after necessity to do so has been established and mutually agreed.

16.2. Both parties must do their level best to make sure this does not happen.

16.3. The Management must do the following before redundancy takes place.

16.3.1 Explain clearly in writing to the Union two (2) months prior to the implementation of the intended exercise.

16.3.2 Spell out the number of employees to be affeted.

17.0.0 CRITERIA FOR REDUNDANCY

17.1. Both parties must agree on the criteria for the exercise Centering on the following:

17.1.0 First in Last out (FILO) method

17.2. Voluntary redundancy / departure

17.3. Weaker performers and unqualified employees

17.4. Employees over 50 years of age who have served the company for more than 15 years.

17.5. The Management shall prepare a list of employees to be retrenched and discuss with the Union field branch before implementation of the exercise.

18.0.0 REDUNDANCY TERMINAL BENEFITS

The company shall pay the following;

18.2.0 One month notice to the employee or payment of one month salary in lieu thereof.

18.3.0 One month basic salary for each year of service as a compensation for unexpected loss of employment to a maximum of 12 months.

18.4.0 Repatriation allowance

18.5.0 Travel meal allowance per employee plus spouse and maximum of 4 dependants at the ruling rate.

19.0.0 BURIAL ASSISTANCE

19.1. DEATH OF AN EMPLOYEE /SPOUSE

19.1.1 The company shall provide a coffin or money equivalent depending upon the wishes of the bereaved spouse in case he died out of the employer’s reach.

19.1.2 During the funeral, the company shall provide transport and give 200,000/= to the bereaved family as a special condolence, and 200,000/= for food from the Company.

19.1.3 The Company shall provide transport to the burial place of domicile or permanent dwelling place as may be advised by the family.

19.2. DEATH BENEFITS

Beneficiaries of an employee who dies shall be entittled to terminal benefits as stipulated in 15.0.0 above.

15.1.2 Payment of any leave days accrued

15.1.3 Any salary due to the day of death

15.1.4 Facilitation, assistance of social security fund [NSSF] and other Pension scheme’s benefit payments in accordance with the prevailing Laws.

19.1.4 Transportation of personal goods of the next of kin to place of domicile

19.2.0 DEATH OF NEXT OF KIN

19.3. Next of kin means employee’s own or legally adopted children 18 years old and under 20 years old for children in formal school. The employer shall:-

19.3.1 Provide coffin or cash equivalent.

19.3.2 Provide transport and give to the bereaved employee Sh. 200,000/= as a special Company Condolence, and 200,000/ = for food.

19.3.3 Pay transport costs to the burial place of domicile or parmanent dwelling place.

20.0.0 COMPULSORY RETIREMENT

20.1. The compulsory retirement age is 60 years

20.2. Management will do computation of golden handshake for each employee appointed on permanent and pensionable basis comprised of two (2) months salarly for each year of service to the maximum of 30 months until the date of expiry of the old Collective Bargaining Agreement namely 28th April 2013. This amount shall be paid to an employee on retirement. Provided that, for the time being, Management shall issue letters to such employees summarising their respective entitlements in so far as golden handshake is involved.

20.3. Other benefits shall be as per clause 15.0.0 exept on severence allowance.

21.0.0 EARLY RETIREMENT

21.1. Where an employee has served the company for at least 10 years and he is 55 years of age , he/she may apply for Early Retirement.

21.2. The employee shall give 3 months notice to the employer.

21.3. Shall be paid salary and leave days accrued to the day of retirement.

21.4. The company shall facilitate or assist payment of social Security Fund (NSSF) and other Pension Scheme’s benefits.

21.5. Repartiation allowance.

21.6. Golden handshake shall be dealt for as par clause 20.2.0.

21.7. Severance pay shall be as per the Employment and Labour Relations Act, 2004, section 42.

22.0.0 TERMINATION OF SERVICE ON MEDICAL GROUNDS

22.1. This is a discontinuation of service as a result of ill health, physical, mental or mental incapacitation as approved by a recognised Medical Board / Government recognised Hospital. The employer may seek another opinion from another doctor or medical institution.

22.2. Termination shall be as per provisions of the Employment and Labour Relations Act of 2004.

22.2.1 Golden handshake shall be dealt for as par clause 20.2.0.

22.4.0 Other benefits as stated in Clause 15.0.0 above exept 15.1.7

23.0.0 SICK LEAVE

23.1.0 Sick leave shall be computed separately for each year and shall not be cumulative but shall be treated separately each year.

23.1.2 Sick leave shall be 3 months on full salary pay thereafter shall be 3 months on half salary pay.

23.1.3 When an employee exhausts the sick leave and sickness continues, his services may be terminated on medical grounds and be entittled to payments of terminal benefits as stipulated in clause 22.0.0 above.

24.0.0 LEAVE ENTITTLEMENTS

24.1. LEAVE ACCRUAL

24.1.1 All employees within Grades:-

3-5 shall be entittled to 24 working days 6-8 shall be entottled to 22 working days

24.1.2 No leave shall be accumulated for more than 1 year, unless at the request and agreement of the employer and employee.

24.1.3 Any employee who proceeds on leave shall be paid his salary in advance only if the pay falls during the leave period.

24.1.4 If an employee wishes to go on leave he shall make an application on the prescribed form.

24.2. LEAVE TRAVEL

24.2.1 Annual leave may be granted on application. The Company

shall bear travel costs as listed below:-

24.2.2 The employee proceeding on leave shall be entittled to;

(i) Grades 5-8 shall be paid Tshs.250,000/ =

(ii) Grades 3-4 shall be paid Tshs 270,000/ =

(iii) Grade 1-2 shall be paid Tshs 270,000/ =

24.3. MATERNITY / PARTENITY LEAVE

24.3.1 Female employees who are employed on permanent contract shall be entittled to 90 calender days maternity leave on full

pay once in every three years.

24.3.2 In case of illness which arises out of pregnancy and results in a female employee being temporarily incapable of performing her duties, such an employee shall be entittled to sick leave in accordance with the provisions of this agreement and recommendation of the doctor.

24.3.3 Female employees will be allowed two (2) hours for breast feeding for six months after maternity leave.

24.3.4 Male employees shall be entittled to paternity leave of (3) working days.

24.4. COMPASSIONATE LEAVE

An employee shall be entitled to 5 working days leave, which is not deducted from annual leave. Compassionate leave shall be granted upon death of spouse, father/mother, direct brother/sister and direct dependant. In case of spouse, compassionate leave shall be 10 days.

25.0.0 MEDICAL SERVICES

25.1.1 The Company shall bear medical costs at Fee Paying Wards and or Clinics to all employees, their spouses and own / legally adopted Children up to a maximum of 4 children of not more than 18 years old as per company medical scheme which may be revised from time to time. Except for children above 18 years who are dependants to their parents for reasons of pursuing school up to advanced level, introduction letter and identity from school should be provided to management for approval.

25.2. An employee referred to a distant hospital which is out of his oi her place of work or stay shall be provided with transport to and from the hospital.

25.3. Except where it is expressly provided for otherwise in this clause, all matters partaing to medical services shall be handled as per the Company’s Medical Aid Scheme.

26.0.0 ACCIDENTS, COMPENSATION AND DEATH BENEFITS

26.1. Coverage and Policy - As per MCC Limited Insurance Policy on Group Workman’s compensation.

26.2. All accidents encountered at any time shall be reported immediately, provided that those occuring at work place shall be reported first tc the employer and those occuring at different place during executing of official duty shall be reported to the police or other authority nearby.

27.0.0 LOANS, TYPES ELIGIBILITY AND REPAYMENT

27.1.0 The company may provide loans to permanent staff after considering the financial position of the company and the ability of the employee to repay the loan amount despite all these, emergency cases shall be given first priority. Type of loans that may be accessed:

27.1.1 Motor vehicle repayment period1 year

27.1.2 Study repayment period1 year Furniture repayment period1 year Building Material repayment period1 year

27.2. The Company may certify employment status of all employees who wish to obtain loans from lending institution

28.0.0PROTECTIVE CLOTHING/ UNIFORMS

28.1. Management shall provide suitable or appropriate clothing to relevant employees two pairs to each employee every year provided the company has the ability to provide.

29.0.0 LONG SERVICE AWARD

Both parties i.e Management and Union agreed to eliminate this clause and to be reviwed when the situation improves.

30.0.0 BEST WORKERS AWARDS

30.1. There shall be a system of selecting and awarding the best workers annually as may be set up and decided by Management.

30.2. The management and Union at branch level shall determine on best workers. One best worker from each branch shall be awarded not less than Tshs. 1,000,000/ =

30.3. The best workers shall be awarded at May Day Celebrations.

31.0.0 STAFF TRAINING / DEVELOPMENT AND JOB APPROPRIATION / SUCCESSION

31.1. This will be in line with the Treaty between the Government of Malawi and Tanzania regarding the MCCL facility.

31.2. In order to improve efficiency of company operations, it is important for the company to adress issues of staff training and development.

31.3. In order to succeed 31.2.0 above the Company shall in its annual budget set apart some funds for trainings and development of staff.

31.4. Employee attending part time proffessional courses approved by the Company shall be refunded their fees upon successful completion and provision of evidence.

31.5.1 The management may consider his/her promotion or salary adjustment upon presentation of certificate provided there is a vacancy.

32.0.0 COMPANY DAY

There may be a Company day (once in a year) at the end of the month of December by which the employee shall have a get together party for familialization and strengthen good relations. This day shall be organised by the Management in collaboration with the Union field branches.

33.0.0 CERTIFICATE OF SERVICE AND RECORD REQUIRED

33.1.0 On termination of service, employees shall be issued with a certificate with the following information stated:

33.1.1 Name of Employer

33.1.2 Name of Employee

33.1.3 Nature of Duty

33.1.4 Date of Engagement and Termination.

34.0.0 GRIEVANCE SETTLEMENT AND PROCEDURES

34.1. Where either party to this agreement is not in agreement with an action by the other on matters of concern to Industrial Relations in the provisions of this Agreement, the party so dissatisfied shall seek the assistance of the Commission for Mediation and Arbitration or Labour Court.

34.1.1 However, before a party takes the action discussed under the preceeding paragraph, it shall give notice to the other of the intention to do so. This notice shall not be less than 21 days and shall give abrief explanation on the grounds of discontent.

35.0.0 AMENDMENT AND PROCEDURE

35.1. Any clause and or provision within this agreement may be amended or modified at the request of either party, provided always that the party so seekingamendment shall give written notice of not less than three months to the other of the intention to do so and that such amendment shall be mutually discussed and agreed by the parties.

36.0.0 ALTERING OF THE COLLECTIVE BARGAINING

Any party that will find that any clause of this Collective Bargaining is altered shall seek to call a General Mediation Meeting between the management and the Union to discuss the same.

37.0.0 EFFECTIVE DATE AND DURATION

37.1.0 This Agreement comes into force on the date of signing and shall run for three years.

37.2.0 Notwithstanding paragraph 34.1.0 (36.1.0) this Agreement shall stand effective untill replaced by another.

37.3.0 Parties undertake to effect negotiation on a new Agreement three months before the expiry of the other.

37.4.0 Inwitness of the Parties hereto have set their hands in Dar es Salaam on 28 July 2014 in the presence of subscribing witnesses.

FOR AND ON BEHALF OF MCCL

PASCAL CHIKAONDA (GENERAL MANAGER)

PATRICK JERE (OPERATIONS MANAGER)

FOR AND BEHALF OF COTWU (T)

BUHARI R SEMVUA (DEPUTY SECRETARY GENERAL)

BEFORE ME: COMMISSIONER OF OATHS

TZA MCC Limited - 2014

Start date: → 2014-07-28
End date: → 2017-07-27
Name industry: → Transport, logistics, communication
Public/private sector: → In the private sector
Concluded by:
Name company: →  MCC Limited
Names trade unions: →  COTWUT - Muungano wa Wafanyakazi wa Usafiri na Mawasiliano wa Tanzania

TRAINING

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

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 75 %
Maximum days for paid sickness leave: → 180 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → No
Paid menstruation leave: → No
Pay in case of disability due to work accident: → No

HEALTH AND SAFETY AND MEDICAL ASSISTANCE

Medical assistance agreed: → Yes
Medical assistance for relatives agreed: → Yes
Contribution to health insurance agreed: → No
Health insurance for relatives agreed: → No
Health and safety policy agreed: → Yes
Health and safety training agreed: → No
Protective clothing provided: → Yes
Regular or yearly medical checkup or visits provided by the employer: → No
Monitoring of musculoskeletal solicitation of workstations, professional risks and/or relationship between work and health: → 
Funeral assistance: → Yes
Minimum company contribution to funeral/burial expenses: → TZS 400000.0

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 13 weeks
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
Paternity paid leave: → 3 days
Leave duration in days in case of death of a relative: → 5 days

EMPLOYMENT CONTRACTS

Part-time workers excluded from any provision: → 
Provisions about temporary workers: → 
Apprentices excluded from any provision: → 
Minijobs/student jobs excluded from any provision: → 

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per day: → 8.0
Working hours per week: → 40.0
Working days per week: → 5.0
Paid annual leave: → 24.0 days
Paid annual leave: → 4.8 weeks
Rest period of at least one day per week agreed: → Yes
Maximum number of Sundays / bank holidays that can be worked in a year: → 
Provisions on flexible work arrangements: → No

WAGES

Wages determined by means of pay scales: → No
Adjustment for rising costs of living: → 

Premium for overtime work

Premium for Sunday work

Premium for Sunday work: → 100 %

Allowance for commuting work

Meal vouchers

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