Sample Collective Bargaining Agreement for Tanzania 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: → Yes

SICKNESS AND DISABILITY

Maximum days for paid sickness leave: → Not specified 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

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: →  weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → Yes
Prohibition of discrimination related to maternity: → Yes
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → Yes
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: → Yes
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: → No provision days
Paternity paid leave: → 3 days

GENDER EQUALITY ISSUES

Equal pay for work of equal value: → Yes
Special reference to gender for pay equality: → Yes
Discrimination at work clauses: → Yes
Equal opportunities for promotion for women: → No
Equal opportunities for training and retraining for women: → No
Gender equality trade union officer at the workplace: → No
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: → 90 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: → 
Working hours per week: → 
Maximum overtime hours: → 
Paid annual leave: →  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: → No
Provision that minimum wages set by the government have to be respected: → No
Agreed lowest wage per: → 
Lowest wage: → TZS 
Adjustment for rising costs of living: → 

Wage increase

Premium for evening or night work

Premium for night work only: → Yes

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 seniority

Allowance for seniority: → TZS  per month
Allowance for seniority after: → 1 years of service

Meal vouchers

Meal vouchers provided: → Yes
Meal allowances provided: → Yes
→  per meal
Free legal assistance: → No
New5

Collective Bargaining Agreement created by WageIndicator Foundation

Collective Bargaining Agreement between (name of the Employer) and (name of the Trade Union)

1.INTRODUCTION:

We (name of the Trade Union) referred to hereinafter as "the Union" and the management of (name of the Employer) referred to hereinafter as “the employer”, certify by words and signatures that we have willingly agreed on the following in this collective bargaining contract:

2.RECOGNITION:

2.1 The management recognizes ……………………, (the union) as the workplace representatives, representing the entire staff of ……………………………………

2.2 …………………on the other hand, recognizes ………………as the only employer who has the authority to employ, instruct and lead all employees’ of …………………

3.COVERAGE:

3.1 This contract covers all Union members and is extended to non-members, employed by ………………. (Company name)

3.2 This contract does not cover the employees who are employed as, temporary contract, and senior management employees. The senior management can be members and contribute to the Union, but shall not be part of the bargaining unit.

4.EFFECTIVE DATE AND DURABILITY OF THIS AGREEMENT:

4.1 Both Parties agree that this contract starts effective ……………., and will last up to ……………… Any party that wishes to change any of the contents of this contract must give the counterpart one month prior notice and the reasoning behind. The proposed change(s) will be subject to discussion between the Parties to this agreement.

4.2 These changes will be amended upon renewal of this agreement.

4.3 The agreement will expire upon substitution by new agreement properly signed by both parties and registered by the Labour Court, otherwise it will be respected.

4 4 It was agreed that all future agreement will start from the …………. of any given year.

5.EMPLOYMENT STATUS:

5.1 Employees of ………….. Will be paid on permanent basis after the probation period.

An employee will be on probation for three months before permanent.

5.2 Temporary employment shall not last more than three months of employment and should only be for emergency situations. Those on specific task contract, hired for specific assignment requiring special skills are not subject to this provision. The duration and end of their assignment depends on the pre-agreed commencement and expiry dates.

5.3 Staff that are promoted will be on a probationary period for three months. On completion of the probationary period the promoted staff will be evaluated by Management and if successful they will be entitled to a salary review. If the promoted person does not successfully complete the probationary period, then he/she will be reinstated back to his/her previous position.

6.1 It is hereby agreed that no female employee will be subjected to a pregnancy test as a precondition for recruitment

What the law says:

The Employment and Labour Relations Act 2004 implicitly requires a probationary period of 6 months by saying that a worker with less than 6 months of employment may not bring an unfair termination claim against the employer. Source: § 35 of Employment and Labour Relations Act 2004.

6.ACTING ALLOWANCE

6.1 When an employee is required to temporarily act in a position different to his job description, an acting allowance will be payable as per Management’s discretion, provided that the Employee takes total responsibility for the post over a period of not less than ten (10) days. This arrangement should be agreed upon in writing between the Employer and Employee in advance.

7.TERMINATION

7.1In any event of termination, the following should be considered:

Time in employment: .........Termination Notice: ........Payment in Lieu of notice Six month and above two month

7.2 Terminated staff will be entitled to receive the following benefits:

a.One month salary for every completed year in service.

b. Transport of his/her family (him/her, wife, Husband and four children less than twenty one years of age provided they are still at school, recognized by the employer, to the domicile.

c.Transport of belongings not more than five tons.

d.Other statutory terminal benefits as prescribed by law.

7.3 An employee wishes to stop his / her employment will follow the terms as per sect 7.1 of this agreement.

What the law says:

Either party may terminate the employment contract after serving due notice or paying in lieu of notice. For terminating an indefinite term contract, the required notice period depends on the worker's length of service as follows:

- 7 days for the service of one month or less;

- 4 days for a worker employed on daily basis; and

- 28 days for a worker employed on monthly basis.

A longer notice period may also be agreed upon between the parties. Source: § 36-41 of Employment and Labour Relations Act 2004.

Severance Pay

Worker is entitled to the severance pay if he/she has completed at least a year of a service with the employer. Severance pay in is equal to at least 7 days basic wage for each completed year of employment up to a maximum of ten years. Source: §42 of Employment and Labour Relations Act 2004.

8.RETRENCHMENT

8.1Both sides agree on punctuality and responsibility of restricting existing workforce to retrenchments.

8.2 Retrenchment should take place after the management of …………….. Consults the ………….. branch and regional level for solution other than retrenchment.

8.3 If the solution as in sect 8.2 fails, the FILO system (first in last out) shall be applied

8.4 Retrenched employees shall receive first preference should a position become vacant within the two years of retrenchment.

8.5 The retrenched employees will be paid as follows: -

a.One month salary for every completed year in service.

b.Transport of his/her family (him/her, wife, Husband and four children less than twenty one years of age provided they are still at school, recognized by the employer, to the domicile.

c.Transport of belongings not more than five tons.

Other statutory terminal benefits as prescribed by law.

9.SALARIES, WAGES AND STAFF DEVELOPMENT

Both Parties have agreed Tsh ………….. (in words) as the minimum wages till next CBA.

9.1Salaries for all other employees will be upgraded based on such factors as: positions held in the organization, number of years in service, performance rating and qualification. Therefore, the exact percentage increase for each Staff will depend on the above factors.

9.2Salary increase will be once in two years’ time and will commence on the ……….. (date and month) of each year

9.3All future increments will depend on the employer's business performance and Country’s economic performance, e.g. inflationary rates.

9.4Bonus may be paid to employees based on company's business and individual performance at the end of each year after management and union consultation.

9.5Employer shall ensure the principle of equal work for equal pay irrespective of one’s race, sex, creed and colour to all employees

9.6The Parties agreed that …………. Department is accountable for determining both Company and employee training and development needs and for establishing standards for training programs in order to support its business needs and to developing world-class competencies in all employees.

9.7Where the employer requires an employee to take a course of study in a recognized educational/training institution that may require time off with pay, the employer shall bear the full cost of the training.

9.8Where an employee enrolls in private studies (distance learning, evening studies and/or full time studies) that may have relevance to the work of the company, the employer may assist the applicant in the form of financial and/or material assistance to enable the employee complete the course.

9.9An employee, who is authorized by the employer to undertake a course of study, either locally or abroad, may be granted study leave with pay to undertake such a course.

10.APPRAISALS

10.1In line with its corporate policy the employer shall undertake annual performance appraisals of all employees covered by this agreement. The outcome of this annual performance appraisal may be used to determine salary incremental jumps, promotions, upgrading and incremental withholdings.

10.2An appraisal scheme shall be designed by the human resource department to be administered by the departmental and/or sectional heads of the company.

10.3The departmental head shall constitute an appraisal interview platform where the employee being appraised shall be given an opportunity to sign his/her own appraisal report.

10.4The company shall constitute an appraisal review committee made up of the head of the human resource department, head of department of the employee concerned and the union branch chairman.

10.5As much as possible, there shall be fairness, transparency and participation in all appraisals. However, in particular cases of appraisal dispute, the disputant could petition the appraisal review committee for redress whose decision shall be final.

11.WORKING HOURS AND OVERTIME

11.1 …………… (company name) operation has seven working days per week. Working hours per week is …………. It was agreed that Management should implement this without increasing the current manpower structure. Holidays and public holidays recognized by the government will be off days.

11.2 Extra time exceeding forty hours per week will be compensated with equal time off or payments depending on agreement between employee and Supervisor. Payments will be calculated as follows:

Working days:

The law restrictions will be applicable in terms of excessive overtime. 

11.3 Both sides agree to create strategies for the good result of the company …….. and give training to the employees on economic strategy and their responsibility to boost the company's income.

11.4 We agree that competent staff can create goals on implementation and come up with acceptable business plans.

11.5 Night Work Allowance: An Employee shall be paid…………..of his/her per hourly wage for each hour worked at night between ……………..

What the law says:

In accordance with the Employment and Labour Relations Act 2004, workers can be required to work 6 days a week. The normal working hours are 9 hours per day and 45 hours per week except for those who manage other workers on behalf of the employer and who report directly to a senior management.

Workers may be required to work overtime, work over and above ordinary hours of work, but not more than 12 hours a day and 50 hours in a 4-week cycle except in emergency. If a worker works beyond the stipulated working hours, he/she is entitled to an overtime pay that is one and a half time (1.5 of X or 150%) the rate of his ordinary pay. Source: §17-22 of Employment and Labour Relations Act 2004

Night Work Compensation

According to the Employment and Labour Relations Act, night is the period between 20:00 and 06:00 (of the following day). Night work is paid at the premium rate of 5% over and above a worker's normal wage rate. If the night work is performed as overtime, the overtime is paid at the night rate (which is 105% of the normal day rate).Source: §20(4) of Employment and Labour Relations Act 2004.

Weekend / Public Holiday Work Compensation

Workers may be required to work on weekly rest days and public holidays. In such circumstances when employees have to work on official holidays, they are entitled to receive wages at a premium rate of 200% of the normal hourly wage rate. Workers working on weekly rest days are entitled to premium pay at the rate of 200% of the normal wage rate. In accordance with the Wages Order 2010, a worker is entitled the double the daily wages, in addition to normal weekly/monthly wage, if he works on weekly rest day or public holiday. Source: §24 & 25 of Employment and Labour Relations Act 2004; §7 of the Wages Order 2010

12.GRATUITY

12.1 An employee retiring according to Sec 11 will be paid .......... (percent) of His/ Her annual salary of his/her retiring year in service.

12.2 Retired staff will be paid all his statutory terminal benefits together with transport as outlined here below:

a.One month salary for every completed year in service.

b.Transport of his/her family (him/her, wife, Husband and four children less than twenty one years of age recognized by the employer, provided they are school going, to the domicile.

c.Transport of belongings not more than five tons.

d.Other statutory terminal benefits as prescribed by law.

13.ANNUAL LEAVE

On employment of twelve months, an employee is entitled to have …………. consecutive days paid leave . Any retained leave will result from an employee written request to the management and accepted or request from the management due to workforce.

13.1 An Employee going on annual leave will be entitled to the following benefits:

a.He/she will be paid One month basic salary.

b.He/she will be paid transport assistance for his/her Wife/Husband together with four children under twenty one years of age, provided they are School going.

c.The employee is bound to submit the receipts for the amount of leave travel fare within one month period from the date of return from leave.

What the law says:

Paid Vacation / Annual Leave

According to the Employment and Labour Relations Act 2004 a worker is entitled to 28 days paid annual leave, inclusive of any public holidays that may fall during the period of leave.

Pay on Public Holidays

Workers are entitled to paid Festival (public and religious) holidays. Festival holidays are announced by Tanzania Government (usually 17 in number). Holidays falling on Saturday or Sunday are kept on those days. Act No.10 of 1994 has been repealed and holidays falling on Saturday or Sunday are no longer compensated. Source: Public Holidays Ordinance 1966.

Weekly Rest Days

Workers are entitled to 24 consecutive hours of rest per week between last working day in one week and the first ordinary working day of the next week. Employment and Labour Relations Act requires that weekly rest day, in principle, should be Sunday for all employees. Source: § 24 of Employment and Labour Relations Act 2004.

14.COMPASSIONATE LEAVE:

We agree that paid compassionate leave of ……. days will be granted to an employee resulting from sickness of a child or spouse, bereaved by child/ father / mother / sister /brother/ wife / husband and Grandparents.

14.1On birth of a child, legal Father, proof should be submitted to the management.

14.2 The employee shall bring in the confirmation to management within or immediately after the incidence.

15. OCCUPATIONAL HEALTH AND SAFETY

15.1 Employee of …………… will undergo medical checkup before employment by the physician recognized by the employer. The employer will carry medical attention to family of the employees consisting of the employee, wife/husband/ children less than twenty one years of age provided they are school going and defendant, recognized by employer.

The employee shall attend medical affairs (treatments) at the Hospital under contract with the employer upon presentation of employer’s sick sheet or medical identity issued by the Hospital on employer’s request. The employer has the right to carry out medical checkups any time to its staffs on his/her decision.

15.2 The employer will provide equipment to the employees depending on working environments (needs of his/her work)

15.3 The employer will provide uniform. The uniforms shall be provided annually and each employee shall receive pairs of the uniform depending on department heads proposals.

15.4 The employer in consultation with the Union shall make arrangement for checking work place environments on routine basis. This will prevent and or minimize any hazards at work place.

15.5a The employer shall avail insurance scheme to its employees. Also insurance training should be established to all employees by the insurance company under contract with ………………….

15.5b In case of injury on duty the injured person will attend medical treatment covered by………. until recovery and will be paid his/her salary.

What the law says:

Occupational Health and Safety Act, 2003 makes it obligatory for the employer to provide for health, safety and welfare for all his workers and ensure rehabilitations of affected workers. 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.

15.6 HIV AIDS

The Tanzanian Government has announced HIV / AIDS as a National major problem disease and the government had warned everybody to be aware of the disease, which does not have a cure. We ………….. .. (Employer) and …………. (Trade union) we join the government to fight on the disease so as to improve our production and prolong staffs and their family life of those who are affected with the disease. In order to achieve that ………….. (Trade union) and ………….. (Employer) agree that:

a.We shall advise staff members to check their health always.

b.Staff who is able to reveal their HIV status will be provided with TSH. ………. (Per month/lump sum) to help them sustain their condition. This provision will be used by the Employee to empower themselves in terms of increasing the understanding of their status therefore encouraging their fellow workers.

c.The Employer will assist to link the Infected Employee together with his/her spouse and children relevant organizations to provide the necessary support and guidance.

d.There will be no staff who will be discriminated against due to their infected status, The infected staff will continue working until they are certified unfit to work by the Company Physician.

e.In any circumstance where HIV/AIDS Virus infects an employee of …………. (Company), the company will not terminate this employee until the employee is incapable to perform his/her responsibility. At that point the employer will consider the said employee for early retirement and pay the employee terminal benefits as per sec 12.1 and 12.2.

16. SICK LEAVE

Sick leave will be granted depending on company physician advises and will be as follows:

a.First Three months: Full monthly salary and

b. Next Three months: Half monthly salary

16.1 After six months as in sec 12 of this contract if the employee has not recovered then this staff member will be considered as retiring from service and will be entitled to retirement payments as per company policy and the physicians advise.

16.2 Work Related Injuries all medical referrals must be initiated by the government; registered Medical Clinic or other recognized and authorized medical facility. The travel for medical treatment will be considered business travel. Therefore any reasonable out-of-pocket expenses incurred by the employee for accommodation, meals and travel whilst on medication on work related injury or illness will be covered by the company. The Company’s Medical Insurance Plan may change from time to time. The Company policy on occupational injury and illness subject to occupational and heath safety act shall be adhered to. Work related illness The Company shall make a policy to cater for all occupational illnesses and the manner employee shall take care of medical while at work, alternative jobs if recommended.

What the law says:

In accordance with Employment and Labour Relation Act 2004, every worker certified by a medical practitioner is entitled to paid sick leave (sickness benefit) for a period of 126 days in a leave cycle of 36 month. Full wages are paid for the first 63 days of sick leave and half of the wages are paid for the remaining 63 days. Source: §32 of Employment and Labour Relations Act 2004

Job Security

In accordance with the section 102 of Occupational Health and Safety Act 2003, an employer may not dismiss a worker during his/her period of sickness and occupational disease. If a worker is unable to work due to bad health condition, his/her employer may terminate his contract in accordance with the procedure prescribed in Security of Employment Act, 1964. Source: §102 of Occupational Health and Safety Act 2003; Security of Employment Act 1964

17. MATERNITY LEAVE

Maternity leave of ………….. days for a single child and …………..days for more than one child will be of full payment and will be provided before or after delivery depending on the company physician, once in………. years and maximum of …….. maternity leave with one employer.

17.1 After maternity leave, the delivered employee will be working for ……… for a period of …………. (months) to facilitate feeding and close care of the new born.

17.2A female employee who takes maternity leave shall not incur any loss of privilege during such period. Where a replacement is engaged for the purpose 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.

17.2Subject to the recommendation of the Medical Practitioner, A pregnant female employee shall have reduced work load on reaching 6 months’ pregnancy and for a period of 18 months after delivery.

17.2 A male employee will be entitled to ………… days paternity leave upon the birth of a Child. The days should be taken within seven days of the delivery or otherwise if agreed with Management for business operational reasons.

17.3Measures shall be taken to ensure that the special needs of female employees are taken into account in relation to Pregnancy, breastfeeding and reproductive health, through minimizing exposure to hazards. The company shall develop a policy on above areas of women concerns including sexual harassment and ensure the policy is implemented.

What the law says:

Maternity leave is provided and regulated under the Employment and Labour Relation Act 2004.

Female workers are entitled to at least twelve weeks (84 days) of fully paid maternity leave or 100 consecutive days (in case of multiple births) within a leave cycle of 36 months A worker is entitled to 84 days paid maternity leave within a leave cycle if the newborn dies within a year of birth. Source: §33 of Employment and Labour Relations Act 2004.

Income

The maternity leave is awarded with full pay. Maternity leave benefits are paid by the employer. Source: §33 of Employment and Labour Relations Act 2004, §45(b) of the National Social Security Fund Act 1997.

No Harmful Work

In accordance with the Employment and Labour Relations Act 2004, an employer may not permit or require a pregnant worker or a worker who is nursing her child to perform some work that is hazardous to her or child's health. Source: § 33(5 & 9) of Employment and Labour Relations Act 2004

Protection from Dismissals

It is unfair 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: §37(3b) of Employment and Labour Relations Act 2004

Right to Return to Same Position

According to the Employment and Labour Relations Act, a female worker has the right to return to same job/position and resume her employment on the same terms and conditions after availing her maternity leave. Source: §33 of Employment and Labour Relations Act 2004.

Breastfeeding

In accordance with the Employment and Labour Relations Act, a female worker is entitled to the nursing breaks of maximum 2 hour duration per day. Source: §33 of Employment and Labour Relations Act, 2004.

Paternity Leave

Employment and Labour Relations Act 2004 provides for paid paternity leave of at least 3 days (in a leave cycle of 12 months) for a new father if this leave is taken within the 7 days of the birth of a child. Source: §34 of Employment and Labour Relations Act 2004.

18. (Trade union) CONTRIBUTION

We have agreed that all the …………. (Trade union membership) Contribution deducted from its members and union service charges deducted ……… (Percent) of basic salary from nonmembers will be submitted at the end of month to the general secretary as follows:-

a.90% to the general secretary

b.5% to the branch secretary,

c.5% to Trade Union Congress of Tanzania (TUCTA),

19. LOANS

The employer will grant to the employees loans whenever possible according to availability of funds, to help the employees in the following:

a.School fees

b.Home rebuilding after a disaster

c.Home improvement.

d.The employer may facilitate bank credit schemes in favor of Employees assuring repayment by monthly installments and channeling the final benefits through the bank if any for settling of any loan balances.

19.1 The loan amount is subject to approval by the General Manager (or top boss of the company).

19.2 The maximum time frame for the loan repayment will be twelve months (12). The loan amount shall not exceed three times the Employees monthly remuneration.

20. MEALS

20.1Meals will be provided by the employer free of charge.

20.2 The Management will explore the possibility of providing suitable fruits and cold beverages aside from water whenever possible.

21. GRIEVANCE / CONFLICTS PROCEDURE

21.1 Any dispute may happen at work place between the employer and employee. Such disputes will be executed in accordance to the provisions of Employment and Labour relations act number 6 of 2004, code of good practice.

22. THE UNION AND BEST EMPLOYEE

22.1 The employer will provide the Trade Union access to office facilities as per laws ELRA

22.2 The trade union representatives together with heads of departments will select the best worker from each department and an overall winner will be voted by the entire staff.

22.3 The overall winners will be awarded with TSH ………… (in words) on special occasion planned by the employer.

22.4 The Employer and the Union will select three names of best workers of trade union branch committee, and thereafter the general workers meeting will vote and announce one of the three to be the best “Trade Unionist" of the year. The Employer will award the Winner ………. (in words).

23. LONG SERVICE AWARD

The employer will award the Employee for …………… consecutive years of service as follow:

a.Employees’ one month basic salary

The employer will award the Employee for …….. consecutive years of service as follows:

b.Employees’ two months basic salary

The employer will award the Employee for …… consecutive years of service as follows;-

c.Employees three months basic salary

The employer will award the Employee for …….. consecutive years of service as follows:-

d.Employees four months basic salary

The employer will award the employee for ………… consecutive years of service as follow

a.Employees five months basic salary

24.LIFE INSURANCE

Both management and …………(trade union) believe in the importance of having in place a cover to employee in case of unforeseen incident which may result to death of employee at work or elsewhere while in the employment of the company. It is agreed that management and trade union will organized life insurance cover for all employees who will be contributed by both employee and employer on monthly basis

25. DEATH / FUNERAL

We agree that on an employee’s death, the employer will provide with Coffin/ shroud/ wreath of flowers and meet all other expenses together with transportation of the body to domicile, also an employer and union will select four employees to represent the company in funeral ceremony if they said the ceremony. Employer will award condolence of Tanzania shillings ……….. to the latte’s family

The employer shall also provide the following:

a.Transport for family he/her and parents to domicile.

b.Transport of belongings to domicile

c.Pay all other terminal benefits as per retired employee.

25.1 Should a spouse, die a condolence of Tanzania shillings ……….. will be paid by the Company and Tanzania shillings ………… payable by insurance.

25.2 Should a Child die a condolence of Tanzania shillings ……… will be paid by the Company and Tanzania shillings ……… payable by insurance

25.3 Should an Employees Parent die a condolence of Tanzania shillings ………. will be paid to employee by the Company

26.MARRIAGES

26.1 In case of marriages the company will contribute a wedding cake for its employee.

27. STAFF TRAVEL

27.1 If an employee has to attend or represent the company on meeting, sports, seminar, and training, Labour court, etc. outside the work place the management will pay the costs involved as per Company policy and an out of station allowance of TZS ……….. for local travels and USD …….. for international travel. This is subject to changes as per Company policy changes.

28. DISCIPLINARY PROCEDURE

28.1 The Employer and the Union recognizes that a disciplinary procedure is essential for the conduct of the Company's affairs and for the safety and well-being of all members of staff, and the public. Disciplinary procedures help to promote fairness and order in the treatment of individuals and in the conduct of industrial relations.

28.2 The key principle underlying this disciplinary code is that Employer and Employees should treat one another with mutual respect. It places a premium on both employment justice and efficient operation of the business.

28.3 While Employees should be protected from arbitrary or other unfair actions, the Employer is entitled to satisfactory conduct and work performance from the Employees. The procedure is therefore intended to operate in cases where it is alleged that the conduct or behavior of a member of staff falls below acceptable standards.

28.4 All disciplinary measure should be taken in line with the code of good practice on Disciplinary Procedures from the section 99 of the Employment and Labour Relations Act of 2004 and incorporates the Cardinal principles of natural justice. They also reflect to overall Company's Human Resources policy.

28.5 The Company recognizes the role, purpose, and rights of staff Trade Unions in the disciplinary process. 

28.6 Any disciplinary sanction beyond verbal warning/ reprimand and counseling should be done having given the opportunity to the employee to make his representation. For example, before issuing a written warning employee should be informed of the reasons and have time to defend himself assisted by a representative.

28.7 Repeated written warnings on the same misconduct and or such serious misconducts that may warrant final written warning or termination or dismissal should be preceded by formal hearing chaired by Senior Manager.

28.8 Any decision made on the disciplinary process should be based on both procedural and substantive fairness. The employee will have the right of appeal when aggrieved by any decision to the higher level of Management and or any other Labour tribunals as per ELRA provisions

29.RETIREMENET

'We agree that the retirement age will be .………….. An Employee who has been diagnosed unfit for work by the Company’s Physician recognized by the Government will be categorized as being terminally ill and therefore will qualify for Early Retirement

An employee ready for retirement has the right to receive ……….. (months) notice in writing.

30. APPLICATION

30.1 The provisions of this agreement are applicable and binding to all Employees of …………. (Company) covered herein as per section 3 sub sections 3.1.

30.2 Should there be any conflicting provision with any other agreements between Employees and the Employer including those in the employees’ contracts of employment, the terms of this agreement shall supersede all other prior agreements.

30.3 If any one of the aforementioned clauses of this agreement are deemed invalid or unenforceable, this shall not affect the rest of the provisions, and the clause thus deemed invalid or unenforceable shall be interpreted in a manner which reflects as closely as possible the intentions expressed by the parties in the relevant clause.

30.4 The terms set out in the Basic Conditions of the Tanzanian Employment and Labour Relations Act of 2004, will be complied with, in respect of any matter not expressly provided for in this contract of employment or may have been unforeseen and supersede any clause that would be found to conflict with the provisions of the law of the country.

On behalf of ………….(company) management:

…………………………………(Name of the boss and signature)

On behalf of Trade union

………………………….. (Branch Chairperson/Secretary)

………………………… (secretary general of the Trade union)

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