Collective Bargaining Agreement between the Catering Employers’ Association of Zimbabwe and the Zimbabwean Catering and Hotel Workers’ Union - 2012

Collective Bargaining Agreement: Catering Industry

Statutory Instrument 167 of 1991

Collective Bargaining Agreement: Catering Industry

(General Conditions)

It is hereby notified that the Collective Bargaining Agreement set out in the Schedule, which replaces the agreement published in Statutory Instrument 362 of 1983, has been registered in terms of section 84 of the Labour Relations Act, 1985.

ANNEXURE A: The role of the trade union.

ANNEXURE B: Incremental scale in recognition of continuous service.

ANNEXURE C: Minimum schedule of uniforms and protective clothing.

NATIONAL EMPLOYMENT COUNCIL FOR THE CATERING INDUSTRY AGREEMENT

In accordance with the provisions of the Labour Relations Act, 1985, this agreement is made and entered into between the Catering Employers’ Association of Zimbabwe (hereinafter referred to as “the employer “ or employers’ organisation”), of the one part and the Zimbabwean Catering and Hotel Workers’ Union (hereinafter referred to as “the employees” or “the trade union), of the other part, being parties to the National Employment Council for the Catering industry.

Scope of application of agreement

1. (1) The provisions of this agreement shall be observed by all employers falling within the terms of the definition of “catering industry” contained in clause 3, and by those of their employees for whom wages are prescribed in this agreement.

(2) Establishments shall be divided into three classes, as follows:-

1A,1 and 2 which shall relate to the location and type of the establishment as tabulated in Annexure D of this agreement.

(3) For the removal of doubt, the restaurant, and bar at Woodvale Airport, Bulawayo, shall be deemed to fall within class 1.

(4) The provision of this agreement shall apply to part-time workers.

Alteration of agreement

2. If either party desires to alter the terms of the agreement, such party shall give one months’ written notice to the Secretary of the council. The notice shall give full details of the desired amendment and on receipt thereof, the secretary shall immediately send a copy of the notice to the other party of the agreement. The proposed amendment shall be considered and voted upon at a meeting of the council held not later than three months after receipt of the notice by the secretary.

Definition 3. (1) Any expression used in this agreement which are defined in the Labour Act (Chapter 28:01) Revised Edition 1996 as

amended and extended other than those defined in this clause, shall have the dame meaning as in that Act, further, words importing masculine gender to include female gender unless inconsistent with the context.

“Act” means the Labour Act (Chapter 28:01).

“Agent” means a person appointed by the council to assist in giving effect to the terms of any agreement entered into by the parties to the council.

“Allowances” means transport allowances, housing allowances and meals.

“Bar Clerk” means and employee employed at an airport issuing goods for sale on aircraft, keeping records of issues, balancing cash received with records kept and duties related thereto;

“bar hand” means an employee employed in washing glasses, cleaning bars and public rooms, and who may be employed upon general labouring duties;

“barman” means an employee employed in dispensing and serving drinks in a dispensary, private, public or service bar or effecting sales in an off-sales department and who is responsible for cash and liquor stocks under his control;

“barman head” means an employee who has served at least three years in a public or private bar, is fully conversant with all types of drinks, in charge of not less than two barmen and is responsible for the operations of the bar;

“barman learner” means an employee training as a barman for a period of six months under the direct supervision of a barman;

“barman senior” means an employee who has served at least three years in a public or private bar and is in charge of not less than two barmen.

“bedroom hand” means an employee who carries out any of the following duties; cleaning bedrooms, making beds, giving general bedroom service to customers and any duties related thereto;

“bedroom hand senior” means an employee employed on general household duties and the supervision of not less than four or more than eight bedroom hands.

“bedroom hand/waiter” means a bedroom hand who; within the hours of his employment is also employed on waiting duties: Provided that should this employee’s waiting duties exceed, in aggregate, more than twenty-four hours per week for the purposes of clause 10 he shall be deemed to fall within grade IV. “billiard-maker” means an employee employed to take care of billiard rooms and billiard-tables and to look after customer’s requirements when the game is being played;

“bill office clerk” means an employee who is engaged in one or more of the following duties; receiving money from guests, billing guests, preparing and allocating guest’s bill, balancing pre-lists from various departments and/or receiving cash from such departments or guests, checking all debtor’s bills prior to dispatch to companies or customers and duties related thereto, in a bill office;

“bill office clerk head” means an employee who allocated revenues received in his department and is in charge of one or more bill office clerks;

“boiler hand” means an employee employed in firing and regulating boilers;

“bookkeeper” means an employee who is wholly or substantially in recording any aspect of the financial transactions in the books of his employer up to trial balance;

“Catering Teller” means an employee who is engaged in a dining-room, restaurant, cafe or help-yourself lunch or snack room or take away establishment or any similar room where meals may be served, to receive payment and give change at a fixed point to customers for meals supplied, and who is required to account for his takings.

“Cashier” means an employee employed in receiving payments from and giving change to customers in a restaurant, dining room, casino or reception office, keeping records and analyzing sales and sums received and balancing cash taken with records kept and who may be required to act as a central cashing up point for other departments.

“cashier head” means an employee employed to supervise the work of more than one cashier.

“casino technician” means an employee employed in repairing and maintaining all electrical or mechanical equipment in the establishment falling within the catering industry as defined in clause 3 of this agreement.

“casual worker” means an employee who is employed on an occasional basis at irregular intervals, who is not employed for more than twenty hours in any one- week or for a period of not more than six weeks in any three successive calendar months, and who does not fall within the definition of part time worker.

“Catering industry” or “industry” means, without in any way limiting the ordinary meaning of the expression, the industry in which employers and employees are associated together for the purpose of-

(a) Carrying on an activity on any premises other than premises operated as a club or beer hall by an employer in the Mining Industry for the benefit of his employees and which are situated on a mining location or special grant as defined in the Mines and Minerals Act (chapter 165) for which an employer is required to hold-

(i) One or more of the following licences in terms of the Liquor Act (No. 9 of 1984): airport Liquor Licence, Bar liquor licence, beer hall liquor licence, hotel Liquor licence, Passenger Vessel liquor licence, Night club liquor licence, Park and Game Liquor licence, Theatre Club Liquor licence, Camp and Caravan Liquor licence, Restaurant (Ordinary) Liquor Licence, Club Liquor licence, Restaurant (Special) Liquor licence;

(ii) A permit in terms of section 85 of the Liquor Act (No. 9 of 1984) in respect of the operation of any canteen or mess of the Air force, the Army, the Police or the Prisons.

(iii) A licence in terms of the Lotteries and Gaming Act (Chapter 10:26) of 1998

(b) Providing accommodation and/or refreshments and/or meals and/or take away foods in hotels, boarding houses, restaurant, cafes, takeaway establishments, canteens and messes nor required to be licensed in terms of the Liquor Act No. 9 of the 1984) or the Casino Act (Chapter 77) but does not include the undertakings of the National Railways of Zimbabwe.

(c) For the purpose of paragraph (a) of this definition-

(i) “hotels and boarding houses” means premises not required to be licenced in terms of the Liquor Act (No. 9 of the 184) or the Casino Act (Chapter 77), wherein provision is made for sleeping accommodation for not fewer than five persons (excluding members of the family and employees of the employer who occupies the premises);

(ii) “restaurant” cafes, takeaways, canteens, and messes” means premises not required to be licenced in terms of the liquor Act (No.9 of 1984 or the Casino Act chapter 77) but conforming in all respects with the following description- all establishments in which food is prepared or cooked and provided for sale and consumption on or away from the premises, irrespective of the size of the kitchen, accommodation and the seating capacity of the dining room (if any), save for those catering establishments which are part of a commercial undertakings of Zimbabwe, for example, inter alia, restaurants in departmental stores;

“catering teller” means an employee who is engaged in a dining-room, restaurant, cafe or help yourself lunch or snack room or takeaway establishment or any similar room where meals may be served, to receive payment and give change at a fixed point to customers for meals supplied, and who is required to account for his takings;

“chef” means an employee fully experienced in all departments of the kitchen, who orders food and draws up all forms of menu, and who is responsible for the control and supervision of the kitchen and its staff.

“chef class 1” means an employee fully experienced in all departments of the kitchen of a recognised international a la carte restaurant, who orders food and draws up all forms of menus, and who is responsible for the control and supervision of the kitchen and its staff, and who is employed by and establishments the grading of which in terms of the Department of Tourism Act, 1975 is two stars or more or an establishment required to hold a Restaurant (Special) Liquor Licence.

“class” means a class prescribed in annexure D to this agreement.

“clerk” means an employee who is engaged in routine posting from a book or source of original entry to a ledger and balancing such ledger, or making entries in sales, purchases or similar journals and balancing such journals.

“clerk in transit clerk” an employee who collects cash from outlets an deposits or banks the cash collected.

“clerk junior” means an employee engaged mainly in office work, such as writing, filing or any other form of clerical work, or in using various office machines, or who is substantially engaged in routine positing from a book of source of original entry to a ledger, and whose duties may include the operating of a telephone appliance,

“clerk senior” means an employee who supervises the work of other clerks, and whose duties may include costing, indenting and stock control;

“club steward” means an employee experienced in various aspects of a private or residential club, who assist management and may control employees in one or more departments but is not a maitre d’ hotel;

“continuous service” means the total period of an employee’s unbroken service with an employer or in an establishment as described in clause 25 of this agreement.

“cook catering school graduate” means an employee who has graduated from a recognised Hotel and Catering School.

“cook commis” means an employee employed in the kitchen for a period of two years training as a cook and who is under immediate supervision in his section.

“cook head” means an employee who is employed in the kitchen and controls all sections.

“cook junior section” means an employee who has worked as a commis cook for at least two years.

“cook pastry” means an employee who has completed four years in the kitchen, and who prepares and makes pastries, sweets, ices, pudding and similar articles related to pastries.

“cook senior section” means an employee who has worked as a junior section cook for at least two years.

“council” means the National employment Council for the Catering Industry.

“Counter hand” means an employee employed in the servicing of customers without handling money in a restaurant, or take away establishment, and who is not a catering-teller or waiter.

“cutter” means an employee wholly or substantially engaged in cutting meat from the carcass for dispatch to the kitchen.

“customer” includes guest, member or visitor.

“day” means a period of twenty-four consecutive hours calculated form the time when an employee commences work.

“day off” means any full day in a week on which an employee is not normally required to work.

“doorman” means an employee employed to look after the main entrance of an establishment, who welcomes guests and generally assists them, and who is not a porter.

“driver class 4”, means an employee possessing a motor-vehicle driver’s licence class 4 and who is employed in transporting customers, staff or merchandise.

“driver class 1” means an employee possessing a motor-vehicle driver’s licence class 1 and who is employed in transporting customers, staff or merchandise.

“driver class 2” means an employee possessing a motor-vehicle driver’s licence class 2 and who is employed in transporting customers, staff or merchandise.

“driver/salesman” means an employee who is employed to drive/sell liquor to various customers;

“dry cleaning machine operator” means an employee who operates a washing and dry cleaning machine;

“duties related thereto” means those duties, which historically and in practice from part of, or are closely linked to, the defined occupations but which are not set out in detail therein.

“duty officer(uplift)” means an employee responsible for the operation of an uplift department, and is answerable to the manager-in-charge of shift.

“emergency work” means work, which is required to be performed in excess of the maximum hours of work prescribed, due to circumstances beyond the control of the employer;

“employee” means a person for whom wages are prescribed in clause 10.

“employer” means an employer who is engaged in the Catering Industry.

“establishment” means any place or safari camp in which any activity failing within the definition of “catering industry” or “ industry” is carried on.

“floor supervisor” means an employee employed on general household duties and the supervision of not less than nine bedroom hands;

“florist” means an employee who is mainly engaged in making flower arrangements for a period of six months under the direct supervision of a florist.

“florist learner” means an employee training as a florist to make flower arrangements for a period of six months under the direct supervision of a florist.

“florist senior” means an employee in charge of several florist.

“food vendor” means an employee who delivers food orders to customers at their place of work on a bicycle or on foot and who may operate under the employer’s Hawkers licence.

“fortnight” means a period of fourteen consecutive days commencing at 11 p.m on a Sunday.

“functions co-coordinator” means and employee who handles all function books of an establishment.

“general duties hand” means an employee performing general labouring or cleaning duties;

“general secretary” means the General Secretary of the council.

“grade” means a grade prescribed in a sub clause (1) of clause 10.

“green keeper” means an employee who is responsible for the general maintenance and management of the golf course;

“groom head” means an employee who is in charge of grooms, monitors the health and fitness of the horses on a day-to-day basis.

“grounds and garden hand” means an employee engaged in looking after gardens, grounds, golf courses, bowling, greens, tennis courts and similar places.

“gardener/grounds men head” means an employee who is in charge of not less than five grounds and garden hands.

“handyman” means an employee who carries out repairs or renovations of a minor nature to the property of his employer, and who is not required to embark upon or carry out any single task in a trade designated or deemed to have been designated in terms of the Apprenticeship Training and Skilled Manpower Act [Chapter 266).

“holding company” has the meaning assigned to it by section 120 of the companies Act [Chapter 190]

“horse master” means an employee who is in charge of feeding horses, monitoring the health of the horses, overseeing the stables and going out on riding expeditions with guests. He is in charge of the Head groom, groom and stable hand.

“horse master head” means an employee who is in charge of the horse master, groom and head groom, stable hand, monitors the health of the horses and administers treatments and makes recommendations to the veterinary surgeon on diseases.

“hotel or house policeman” means an employee employed to safeguard the property and to scrutinise the movements of staff coming onto or leaving duty and customers coming into or leaving the premises.

“hotels” means hotels, lodges, boatels, boarding houses and other similar establishments falling within the definition of Catering Industry or industry as defined in clause 3 wherein provision is made for accommodation.

“housekeeper” means an employee employed on general household administration, selection and control of domestic staff, overseeing the general cleanliness of the establishment.

“housekeeper head” means an employee who has served at least three years as a housekeeper, is fully conversant with all duties, is in charge of not less than 3 housekeepers, and is responsible for the operation of the housekeeping department.

“ice-cream maker” means an employee who operates and cleans an ice-cream machine, prepares, serves and receives cash for ice cream sold, and who is not a pastry cook.

“kitchen porter” means an employee who is employed on one or more of the following duties: cleaning the kitchen and preparing raw vegetables or fish, plucking poultry or game, collecting, cleaning, washing or sorting plates, crockery or glass, conveying, loading and unloading and unloading foodstuffs an ancillary equipment to an aircraft, and duties related thereto.

“kitchen porter head” menus an employee employed in supervising at least three other kitchen porters.

“kitchen supervisor head” means an employee who supervises the kitchen staff and distribution and collection of all foods, and may also be responsible for drawing up menus and ordering food.

“laundry hand” means an employee employed in washing and ironing laundry.

“linen supervisor” means and employee who is responsible for the linen and who supervises other staff in collecting and distributing and repairing linen.

“matre d’ hotel” means an employee experienced in all aspects of a recognised international a’la carte restaurant, who is in sore charge of and responsible for the operation of the restaurant and staff of at least one head waiter and twelve waiters, and who is employed by an establishment the grading of which in terms of the Development of tourism Act, 1975 is two stars or more of an establishment required to hold a restaurant (Special )Liquor Licence.

“medical practitioner” means a person registered as a medical practitioner by the medical, Dental and allied Professions Council or registered traditional medical practitioner.

“messenger” means an employee employed in delivering parcels or posting letters for customers or the employer.

“milling attendant” an employee who is employed to monitor the grinding mill and may assist in packaging.

“night auditor” means an employee employed to undertake an internal audit of daily financial transactions of an establishment.

“night work” means all the time worked on any turn of duty when that turn of duty includes not less than three hour’s work between midnight and 6. Am.

“nurse” means an employee employed to attend to employees’ medical needs and is in the possession of a professional nursing certificate issued by the Ministry of Health and child Welfare. Grading is per parent ministry.

“overtime” means anytime worked outside the ordinary hours prescribed in clause 18.

“page and bell attendant” means an employee employed in running errands delivering messaged and answering bells and telephone calls.

“part-time worker” means an employee who is engaged to undertake regular daily work during specified hours not exceeding a total of five hours per day in not more than two work-periods per day to a maximum of thirty hours per week.

“party” means the employer’s organisation or the trade union.

“personnel assistant” means an employee solely employed in keeping time and wages records, preparing wage sheets, who makes NEC returns, completes contracts of employment and supervises the booking in and out of staff who may sign staff on and off on behalf of his employer, and may draw up duty-roasters.

“piece work” means any system by which earnings are calculated wholly on the quantity or output of work done, irrespective of the time spent on such work.

“porter” means an employee engaged in carrying luggage, cleaning and duties related thereto, also occasionally handling a small night telephone switchboard or telephone.

“porter head” means an employee in charge of the porter’s desk and who supplies information to customers and generally assist them and who is in charge of other porters.

“porter night” means an employee employed at night attending to requirements of customers, carrying out of household duties, including cleaning premises and making up fires and boilers, and cleaning boots and shoes.

“post office” means the principal post office at the place mentioned.

“printer” means an employee employed to print menus and other literature required by an establishment.

“process attendant” an employee responsible for monitoring the brewing process and ensure the direct composition.

“receptionist” means an employee who receives guests, attends to and keeps lists of bookings, makes out accounts, receives money and issues receipts and who may do clerical work, and who is employed in the reception office.

“receptionist head” means an employee who has had at least five year’s experience as a receptionist, is fully conversant with all duties, is in charge of not less than three receptionists, and is responsible for the operation of receptionist office.

“receptionist learner” means an employee training as a receptionist for a period of one year under the direct supervision of a receptionist.

“receptionist senior” means an employee with not less than three year’s experience as a receptionist, and who is in charge of the receptions and not less than two other receptionists in a establishment were no head receptionist is employed.

“representative” means a person appointed by a party to represent it on the council.

“reservationist” means an employee employed to take accommodation bookings and to maintain records of such bookings.

“reservationist head” means an employee employed to supervise the work of other reservationists.

“restaurant” means and includes restaurants, cafes, takeaways, canteens, messes and other similar establishments falling within the definition of Catering Industry or industry as defined in clause 3 wherein provision is made for accommodation.

“seamstress” means an employee employed in repairing and preserving linen and making up linen requirements with the exception of garments.

“service charge” means a charge which is made to customers and which is distributed in terms of clause 16.

“shift header” means an employee employed in the uplift department, and who is in charge of the shift, and answerable to the duty office.

“skilled worker” means a person who has been certified by the Registrar of apprenticeship and skilled Manpower, as a skilled worker, Class 1, class 2, Class 3 or class 4 in a designated or recognised trade in terms of the Manpower Planning and Development Act, 1984, or the holder of a journeyman’s registration certificate issued by the National employment Council before 1st February 1982 and recognised by the Registrar of apprenticeship and Skilled manpower.

“stable hand” means and employee in charge of cleaning the stable and doing general maintenance of the stable. The position is available in hotels or lodges where horses are provide for tourists.

“still room hand” means an employee employed in preparing light beverages, refreshments, sandwiches and similar articles, and cleaning the still-room.

“stores man” means an employee who is in sole charge of catering and/or liquor stores of an establishment and/or who is responsible for the receipt, issue and safekeeping of goods and the recording thereof.

“subsidiary company” has the meaning assigned to it by section 120 of the Companies Act [chapter 190].

“supervisor back house” means an employee employed to supervise general duties hands cleaning the back of the house and basement areas.

“supervisor laundry” an employee who supervises all activities in the laundry department.

“supervisor Takeaway Establishment” means an employee who sees to the general running of a takeaway establishment and who is not a manager.

“task-work” means the setting by an employer to an employee of stated task to be completed as a condition of earning wages.

“telephone operator” means an employee who is employed in the operation of a telephone switchboard, and who is not a porter.

“telephone operator senior” means an employee who is a telephone operator with at least one year’s experience, and who is in charge of not less than one telephone operator.

“tips” means gratuitous payment made by a customer to an employee or employees in an establishment for disbursement by the employee or employees, at his or their discretion, and over which the employer shall have no discretion both regarding collection and distribution of such tip and gratuity.

“tractor driver” means an employee employed in driving a tractor for the purpose of maintenance of the grounds of the establishment and the conveyance of goods.

“typist” means an employee employed in typing and who may be employed in general office duties.

“valet” means an employee who is employed in caring for customer’s clothing and who may be required to perform the duties of a waiter.

“wages” means the earnings of an employee, but does not include any payment in respect of overtime, service charge or any bonus, tips or other like benefits.

“waiter” means an employee who has been employed as a commis waiter for not less than six months, and who is employed in serving food and/or drinks to guests, preparation, laying and cleaning of tables and on duties related thereto.

“waiter commis” means an employee who is employed upon waiting duties for a period of six months training, upon completion of which he shall be classified as a waiter.

“waiter head” means an employee who is in charge of a dining room, or restaurant, or lounge, or verandah, and not less than seven waiters, and who may be responsible for table setting, functions, cleanliness, and stock taking of equipment in his department, and who may receive payment and give change.

“waiter assistant head” means an employee who has worked in all various grades of waiters and who can relieve a head waiter.

“waiter senior” means an employee who is in charge of a dining room, or restaurant, or lounge, of verandah and not less than three or more than six waiters.

“working day” means any day other than any day off.

“work period” means any period on a working day during which an employee is required to work.

Administration of agreement

4. The council shall be the body responsible for the administration of this agreement, and it may issue expressions of opinion not inconsistent with the provisions hereof for the guidance of employers and employees and may delegate any of its duties or powers to its executive committee or to committee s appointed by council.

Exemptions

5. The council may in its sole discretion and upon such terms and conditions as it may determine grant exemption, in writing, from any of the provisions of this agreement to any employer and employee. Such exemption may be cancelled by the council, at its discretion.

AGENTS

6. The council may appoint specified persons to assist in giving effect to the terms of this agreement, and it shall be the duty of any employer or employee in the industry to permit such person to institute such inquiries and to examine such books or documents as may be necessary for ascertaining whether the provisions of the agreement are being complied with.

Trade Union representation on the council

Registration of employers

8. (1) Every employer whose name was not on the register of employers as at the date of expiry of Statutory Instrument 167 of 1991 shall within one month of coming into force of this agreement, notify the secretary of the following particulars.

(a) Full name and address:-

(i) In case of a single employer, his full name and if he carries on business under a trade name, such trade name in full;

(ii) In case of two or more persons carrying on a business or partnership, the full names and addresses of the partners and manager, the full partnership or trade name and the address at which the partnership business is carried on;

(iii) In case of a corporate body, the full names and addresses of its directors and manager, the full registered name of the company and trading name, the address of its registered office, the address at which operations will fall within the scope of agreement are carried on, the name of its holding company, if any, and its subsidiary companies, if any, together with the addresses of their respective directors and the addresses of all establishments owned or controlled by any of such companies;

(b) a description of trade or operation carried on by the employer (2) Every employer who enters the industry after the coming into force of this agreement shall, within one month of becoming an employer in the industry, tender a declaration to the secretary containing the following particulars, in the form prescribed-

(a)-

(i) family name of owner, licensee and manager; and

(ii) Christian or given name of owner, licensee and manager; and (iii) residential addresses of owner, licensee and manager; and

(iv) the trading name of the establishment from which the employer is carrying on business.

(v) Address of the establishment from which the employer operates; and

(vi) In the case of a corporate body or partnership, the name of the company or trading name of the partnership and the names and addresses of the directors,

(b) A person making the declaration prescribed in sub clause (2) shall pay a declaration fee of US$100.00 if his establishment employs less than five employees; US$150.00 if his establishment employs between six and thirty employees or US $200.00 if the establishment employs more than thirty employees and, in addition, shall deposit with the council such sum of money as may be required by the council from time to time.

(c) The secretary shall cause the trading name of every employer who has complied with the requirements of this clause to be entered into the council’s register of employers;

(d) The provisions of sub clause (2) shall not apply to any employer registered as an employer as at the date of the introduction of this agreement, and the trading name of any such employer shall be deemed to have been entered into the council’s register in terms of paragraph (c).

(e) Notwithstanding the provisions of paragraph (d), however the council reserves unto itself the right, at any time, to require an employer registered prior to the date of the introduction of this agreement to deposit with the council such sum of money as may be required by the council from time to time, and such required deposit shall be forwarded to the secretary within ten days of the date of request made by the council.

(f) In the event of an employer failing, for two successive months to submit a return to the council as required in terms of any of the council’s agreements, the council shall have the right to deduct from the deposit made to the council by the employer in respect of each successive month during which he fails to submit a return, the amount paid to the council by the employer on the last occasion when he did submit such return. The council shall pay the amounts so deducted from the employer’s deposit to appropriate fund or funds in the appropriate amount or amounts as are required in terms of such agreements, and the employer shall be liable, forthwith, to submit such returns as are outstanding amounts due, such amounts being used in the first instance to restore the amount of the deposit to its original total.

(g) Should an employer default in payment of deductions and contributions for two consecutive months and still not make payment thereof within a calendar month of being requested to do so by the council, such employer shall have his registration cancelled, and forfeit any deposit paid;

(h) On application by an employer who ceases to operate in the industry, the council shall refund him, any deposit made to the council, less any deductions from such deposit made in terms of this or any other agreement relating to the catering industry.

3. In the event of a change in any of the particulars required to be furnished in terms of sub clause (1), the employer shall within ten days of the date of such change, give notice thereof, in writing to the secretary.

(4) The Council shall enter the trading name of every employer in the Register of employers. (5) An employer shall inform the secretary, in writing, not less than seven days before ceasing to be an employer in the industry. (6) Notwithstanding anything to the contrary for the purposes of this clause an employer who conducts his business through various establishments shall register each establishment separately and shall pay the declaration fee referred to in paragraph (2) (b) above.

Register

9. The secretary shall maintain a register of all employers in the industry and a record of the number of employees returned in terms of clause 19.

Wages, grading and increments

10. (1) Every employer shall place each employee in the grade prescribed appropriate to his occupation, and shall pay wages to such employee of at least the amount prescribed hereunder for the employee’s grade and class, and no employee shall accept wages amounting to less than the amount prescribed for him.

CLASSIFICATION OF OCCUPATIONS IN GRADES

CLASS 1A

1 – 12 months 13 – 36 months

Occupation Monthly rate Weekly rate Monthly rate Weekly rate

Number

Grade 1 $166.59 $38.47 $171.59 $39.63

2. Boiler hand

3. General duties hand

4. Grounds and garden hand

5. stable hand

After 36 months of continuous service, Refer to Annexures B and C

Grade 2

21. Porter

22. Bedroom hand

23. Laundry hand

24. Bar hand

25. Kitchen Porter

26. Page and Bell attendant

27. Counter hand

After 36 months of continuous service, Refer to Annexures B and C

Grade 3 1-12 months 13-36 months

Monthly Weekly monthly weekly

176.74 40.82 182.04 42.04

41. Bedroom hand/ Waiter

43. Commis waiter

44. Kitchen Porter, head

After 36 months of continuous service, Refer to Annexures B and C

Grade 4

1-12 months 13-36 months

Monthly Weekly Monthly Weekly

182.04 42.04 187.50 43.30

61. Billiard maker

62. Commis cook

65. Messenger

66. Still room hand

67. Waiter

68. Food Vendor

69. Seamstress

After 36 months of continuous service, Refer to Annexures B and C

Grade 4A 187.50 43.30 193.12 44.60

071 Waiter employed by an establishment whose grading whose grading in

terms of the Development of Tourism Act, 1975 is three stars or more

of an establishment required to hold a restaurant (special) liquor license.

After 36 months of continuous service, Refer to Annexures B and C

Grade 5 193.12 44.60 198.92 45.94

080 Cutter

081 Groom

082 Caddie-Master

083 Doorman

084 Head Gardener/Groundsman

085 Junior Section Cook

086 Linen Supervisor

087 Night Porter

088 Senior Bedroom Hand

089 Senior Waiter

090 Valet

091 Cook - Catering School Graduate

After 36 months of continuous service, Refer to Annexures B and C

Grade 6 198.92 45.94 204.89 47.32

101 Head Porter

102 Hotel or House Policeman

103 Assistant Head Waiter

104 Learner Barman

105 Dry Cleaning Machine Operator

106 Senior Section Cook

107 Telephone Operator

108 Catering Teller

109 Porter Head

110 Ice - Cream Maker

After 36 months of continuous service, Refer to Annexures B and C

Grade 7 204.89 47.32 211.03 48.74

121 Driver CLASS 4

122 Floor Supervisor

123 Pastry Cook

125 Tractor Driver

After 36 months of continuous service, Refer to Annexures B and C

Grade 8 211.03 48.74 217.36 50.20

141 Handyman

142 Junior Clerk

144 Learner Receptionist

145 Telephone Operator Senior

146 Floor Supervisor Senior

147 Typist

149 Raft Mana

After 36 months of continuous service, Refer to Annexures B and C

Grade 9 217.36 50.20 223.88 51.71

161 Bar Clerk

162 Hotel or House Policeman Head

163 Head Cook

164 Head Waiter

165 Leaner Florist

166 Back House Supervisor

167 Milling Attendants

168 Barman

169 Receptionist

170 Driver / Salesman

After 36 months of continuous service, Refer to Annexures B and C

Grade 10 220.72 50.97 227.34 52.50

181 Process Attendant

182 Cash In Transit Clerk

183 Bill Office Clerk

184 Cashier

185 Clerk

186 HORSE MASTER

187 Housekeeper

188 Kitchen Supervisor

189 Barman Senior

190 Receptionist Senior

After 36 months of continuous service, Refer to Annexures B and C

Grade 11 254.32 58.74 261.95 60.50

191 Florist

192 Shift Leader (Uplift)

193 Supervisor Takeaway

194 Horse Master, Head

197 Driver Class 2

198 Laundry Supervisor

201 Barman Head

202 Housekeeper Head

203 Clerk Senior

204 Receptionist Head

206 Personnel Assistant

207 Bookkeeper

208 Storeman

209 Bill Office Clerk Head

210 Reservationist

After 36 months of continuous service, Refer to Annexures B and C

Grade 12 293.04 67.68 301.83 69.71

221 Chef

222 Club Steward

223 Casino Technician

224 Head Cashier

225 Senior Florist

228 Hotel School Graduate Chef

After 36 months of continuous service, Refer to Annexures B and C

Grade 13 395.38 91.31 407.24 94.05

231 Maitre d'Hotel

232 Duty Officer (Uplift)

233 Head Reservationist

234 Functions Co-ordinator

235 Printer

238 Driver Class 1

239 Night Auditor

241 Chef Class 1

After 36 months of continuous service, Refer to Annexures B and C

Grade 14 533.45 123.20 549.45 126.89

260 Green Keeper

261 Captain

After 36 months of continuous service, Refer to Annexures B and C

Grade 888

888 Voluntary Member

(2) An employee who, at the coming into force of this agreement , is in receipt of a higher rate of pay for his particular occupation than the rate prescribed in this clause shall not suffer any reduction in his rate of pay.

(3) On promotion to a higher grade, an employee shall be paid not less than the wage, which he last received prior to his promotion.

(4) A employee who is required to perform work in a lower grade than that In which he is normally employed shall be paid the wage applicable to the grade of work which he normally performs.

(5) An employee who is required to perform work in a higher grade than that in which he is normally employed shall be paid the wage applicable to such higher grade on and after one day working in the higher grade for the period during which he is so employed.

(6) No employer shall reduce an employee’s wage for any time not worked if the employee was able and willing and was present at his place of work but the employer was unable and unwilling to furnish him with work.

(7) A part – time workers shall be paid not less than the hourly equivalent of the grade in which they are placed and calculated as provided in clause 12.

Casual workers shall be paid not less than twice the hourly equivalent of the grade in which they are placed and calculated as provided in clause 12.

(8) No employee shall work for wages or any other consideration while absent on paid sick leave.

(9) Where an employee as a general duties hand is employed on night work, he shall, for the purposes of this clause, be deemed to fall within grade 3.

(10) Notwithstanding the wages prescribed in terms of sub clause (1) hereof, employees having three or more years of continuous service with the same employer shall be paid the following :

(a) Upon completion of three year’s service a wage not less than that stipulated in scale A of Annexure B to this Agreement; (b) Upon completion of six year’s service a wage not less than that stipulated in scale B of Annexure B to this Agreement (c) Upon completion of nine year’s service, a wage of not less than that stipulated in scale C of Annexure B of this agreement; (d) Upon completion of twelve year’s service, a wage of not less than that stipulated in scale D of Annexure B of this agreement; (e) Upon completion of fifteen year’s service, a wage not less than that stipulated in scale E of Annexure B of this agreement; (f) Upon completion of eighteen year’s service, a wage not less than that stipulated in scale F of Annexure C of this agreement; (g) Upon completion of twenty-one year’s service, a wage not less than that stipulated in scale G of Annexure C of this agreement; (h) Upon completion of twenty-four year’s service, a wage not less than that stipulated in scale H of Annexure C of this agreement; (i) Upon completion of twenty-seven year’s service, a wage not less than that stipulated in scale I of Annexure C of this agreement;

Provided that continuous service performed prior to the 1st April 1991 shall also be taken into account when calculating length of service in terms of this sub clause.

(11) Wages of skilled workers as defined in clause 3 of this agreement shall not be less than the wage stipulated by the parent industry as applicable to his trade or Ministry of Labour where this is not available.

(12) Where an employer fails to pay the wages as stipulated in clause 10(1) above the wages shall become payable to the General Secretary of Council who shall have the right to claim the wages on behalf of all employees covered by this agreement:

Provided that where payment is not made within the time stipulated in clause 14(2) and (3) of this agreement, interest shall be chargeable at the rate which shall be three points above the base lending rate.

Overtime rates of pay

Conversion rates

12. For the purpose of converting monthly wages to their hourly, daily, weekly, and fortnightly equivalents, the following computations shall apply –

(a) to obtain the hourly rates of pay, the weekly wage shall be divided by forty – five; (b) to obtain the daily rate of pay, the weekly wage shall be divided by six; (c) to obtain the weekly rate of pay, the monthly wage shall be divided by four and one – third. (d) to obtain the fortnightly rate of pay, weekly wage shall be multiplied by two;

Provided that –

(i) calculation for payment in lieu of vacation leave shall be in terms of sub clause (2) of clause 20; (ii) where the national minimum wage applies, the calculation of the hourly rate of pay shall be arrived at by dividing the monthly wage by 195.

Deductions from wages

13. No deductions or set – off of any description shall be made or allowed from any wage due to an employee, except –

(d) Where a local authority levies the employer for fuel consumed by an employee housed in a hostel, irrespective of whether the amount is levied as a separate item or as an element in the composite rental, an amount not exceeding twenty cents per month; (e) With the written consent of the employee, deductions to recover the repayment of a loan made or goods supplied by the employer to the employee:

Provided that –

(i) any deductions made in terms of this paragraph shall not exceed in the aggregate, twenty five per centum of the employee’s gross remuneration; (ii) such goods supplied have not been supplied at the direction or dictation of the employer.

Payment of wages

14. (1) Every employer shall keep records for all employees for whom wages are prescribed in this agreement, which shall reflect the following -

(a) (i) Pension fund number; and (ii) full names; and (iii) grade and occupation; and (iv) date of engagement; and (v) wage rate ; and (vi) daily and total number of hours worked ; and (vii) amount of overtime; and (viii) bonus and allowances; and (ix) deductions from wages and; (x) gross and net wages; and (xi) date of payment and signature of recipient;

(b) these records shall be kept at the establishment at all times and shall be made available for inspection by a council designated agent at any time on demand; (c) such records shall be kept for a period of not less than three year’s;

Provided that the employer shall pay wages –

(a) Weekly in case of weekly paid employees and by not later than Saturday; and (b) Fortnightly paid employees and not later than each alternate Saturday.

(3) When an employee’s services are terminated, payment of all remuneration due shall be made immediately, unless the services of such employee is terminated summarily, when a payment shall be made within twenty four hours of the termination of service.

(4) Wages and benefits payable to any employee or to his estate in terms of this clause shall not form part of or be construed as a retrenchment package, which an employee is entitled to where his employment has been terminated as a result of retrenchment in terms of section 12C of the Labour Act.

(5) All remuneration shall be paid in cash or, at the option of the employee, by cheque, and shall be accompanied by a written statement

(a) the name and grade of the employee; and (b) the wage rate; and (c) the total number of hours worked; and (d) the amount of overtime; and (e) deductions for absence without leave, or other deductions permitted in terms of clause 13; and (f) bonus and allowances; and (g) the net amount received by the employee.

Transport allowance, Housing allowance and meals

(c) Whenever an employee is required by his employer to work during a weekend or on public holiday, or any other time when subsidised rates of fare are not in operation for journeys on public transport services between the employee’s place of residence and the employer shall pay to him the difference between the actual fares paid by the employee for the journey or journeys in question and the subsidised rates of fare therefore.

(2) Every employer who does not provide free accommodation to his employee shall pay a minimum accommodation allowance of $40.00 per month with effect from the 1st of September 2010. (3) Every employer shall supply each of his employees at least one cooked meal per day when on duty, free of charge.

Service Charge

16. Where an establishment levies a service charge, the employer shall account separately for sums raised, and shall, not later than the 20th day of each month, distribute the total amount so collected among the employees of the establishment or section of the establishment as the case may be, according to the following formula

a x c = employee’s proportionate share of service charge; b

Where a = sum total of service charge collected during month;

b = sum total monthly wages of employees concerned;

c = employee’s monthly wage

Contract and Notice

(2) Except where a longer period of notice has been provided for under a contract of employment or in any relevant enactment, and subject to sub clause (3) , (4) and (5), notice of termination of the contract of employment to be given by either party shall be –

(a) three months in the case of a contract without limit of time or a contract for a period of two years or more; (b) two months in case of a contract for a period of one year or more but less than two years. (c) One month in the case of a contract for a period of three months or more but less than one year. (d) Two weeks in the case of a contract for a period of three months or more but less than six months. (e) One day in the case of a contract for a period of less than three months or in the case of casual work or seasonal work

(4) Whenever an employee has been provided with accommodation directly or indirectly by his employer the employee shall not be required to vacate the accommodation before the expiry of a period of one month after the period of notice specified in terms of sub clause (2) or (3). (5) Notwithstanding clause (2) or (3), the parties to any contract of employment may, by mutual agreement, waive the right to notice :

Provided that where the termination is at the initiative of the employer, the employee shall have a right to payment for period corresponding to the appropriate period of notice required in terms of sub clause (2) or (3).

(6) Subject to the provisions of sub clause (7), an employer or employee desiring to terminate a contract of employment shall give the requisite notice of termination, in writing, on or before the working day immediately preceding the period of notice on the expiration of which employment is to terminate. (7) Notwithstanding the provisions of sub clause (6) –

(a) An employer may terminate the contract of employment at any time without notice, on paying to the employee, in lieu of notice, the wage and allowances to which such employee would have been entitled had his employment been terminated by notice given in terms of sub clause (2) or (3)

(b) An employee may terminate his contract of employment at any time without notice, on paying his employer one day’s pay for every day on which he would have been required to work had he given notice of termination in terms of sub clause (2) or (3).

(8) Neither the employer nor the employee shall give notice of termination of contract whilst the employee is absent on paid sick leave or vacation leave.

(9) Notwithstanding anything contained in this agreement, no employer shall give notice of termination of employment except in conformity with the prevailing laws and regulations of the Ministry of Public Service Labour and Social Services.

(10) An employer may discharge his obligations by paying the employee full wages and allowances for, and in lieu of, the period of notice required to be given in terms of this clause.

(11) Any contract of employment which is for a stipulated period shall specify the date of commencement and the date of termination thereof, and no further notice to terminate the contract on due date shall be required from either party;

provided that no employer shall employ an employee on a month to month basis without the approval of the council and that an employee engaged on a contract basis shall be entitled to all the benefits enjoyed by an employee who is engaged on a full time basis.

Hours of work

(a) Ten hours for employees in grade I and II (b) Fourteen hours for employees in all other grades

(2) An employer may require an employee to work overtime, and shall whenever possible, give twenty - four hours notice to such employee of such requirement.

(5) An employee may be required to work on his day off, but no employee shall be required to work on his days off in successive fortnights except in case of emergency work.

(6) No employer shall require or permit any employee to work for a continuous period of more than five hours per week without a break of at least thirty minutes.

Provided that such continuous period shall be deemed not to be broken by a break of at least thirty minutes.

(7)

(a) Subject to the provisions of paragraph (b), every employee shall be entitled to an off – day period of eight consecutive hours between the conclusion of his work period on any working day and the commencement of his work period on the next succeeding working day; (b) An employee may be required to work during his off duty:

Provided that – for each hour or part thereof worked during such off –duty period, such employee shall, within the week next succeeding, be granted one and a half hours time off, or shall, at the option of the employee be paid overtime rates at one and a half times the employee’s current hourly rate;

( c)

nothing contained in this sub clause shall affect any other provisions of this agreement for the payment of overtime rates.

(8) Any employer may, at the discretion of the secretary, be instructed to maintain an attendance register.

(9) (a) Every employee shall be entitled to not less than twenty – four continuous hours of rest each week, either on the same day of every week or on a day agreed by the employer and employee.

Expenses of the council

19. (1) for the purposes of meeting the expenses of the council every employer shall each month make a deduction equivalent to 1.5 percent from basic wages of each of his employees for whom wages are prescribed in this agreement. (2) To the amount so deducted in terms of sub clause (1) the employer shall contribute an equivalent amount. (3) On or before the seventh of each month in respect of the previous month’s contributions, every employer shall forward to the secretary all money’s payable in accordance with the provision of sub clause (1) and (2), together with a statement in the form prescribed by the council. Such statement shall be endorsed as a “nil” return where an employer does not employ any employees from whose wage deductions are due.

Provided that if payment is made by the 25th of the following month in respect of the previous month’s contributions and deductions, interest shall be chargeable at a rate which shall be three points above the base lending rate.

(4) Where an employer fails to forward to the Secretary all moneys payable in terms of sub clauses (1), (2) and (3) above, court action shall be taken to recover the money. Such action shall be issued from the Magistrate Court in Harare and shall include amounts, which are beyond the jurisdiction of the Magistrates Courts.

Vacation leave

(3) An employer shall permit his employee to proceed on vacation leave within six months of his application thereof.

(4) An employee proceeding on vacation leave shall receive his leave pay for the period of such leave prior to his going on leave.

(5) An employee who has accumulated vacation leave may, with the consent of the employer, elect to be paid the cash value in lieu of any vacation leave, in place of proceeding on such leaves

(6) During the first year of service –

(a) an employee who has completed three months continuous service and whose employment is terminated by his employer shall be paid cash equivalent of any leave accumulated. (b) Where an employee terminates his employment but has not completed three months continuous service, such employee shall not be entitled to the benefits of this clause.

(7) If an establishment observes a holiday, such holiday shall not be offset against an employee’s accumulation of vacation leave.

(8) No employee shall be entitled to take vacation leave during his first year of continuous service.

(9) Vacation leave and sick leave shall not run concurrently. Any employee who becomes ill or is injured during a period of vacation leave may cancel his vacation leave and apply for sick leave.

Compassionate / special leave

Sickness or incapacity

(6) During any one – year period of service of an employee, an employer shall, at the request of the employee supported by a certificate signed by a registered medical practitioner, grant up to ninety days’ sick leave on full pay.

(7) If, during any one year period of service of an employee, the employee has used up the maximum period of sick leave on full pay, an employee shall, at the request of the employee supported by a certificate signed by a registered medical practitioner, grant a further period of up to ninety days sick leave on half pay where, it is probable that the employee will be able to resume duty after such period of sick leave.

Maternity leave

Nursing mothers

Continuous service

25.(1) Continuous service shall be deemed to be broken only by the death, resignation, retirement or discharge of the employee concerned:

Provided than an employee who is discharged and re – engaged by the same employer within two months of such discharge shall be deemed not to have broken his continuous service –

(a) in the case of a single employer or two or more persons carrying on business in partnership, continuous service shall be deemed not to have been broken by the transfer of an employee from service in any one establishment owned or controlled by such employer or partnership to service in any other establishment owned or controlled by such employer or partnership; (b) in the case of an employer. Which is a body corporate, continuous service shall be deemed not to have been broken by the transfer of an employee from the service of the employer to the service of its holding company, or the transfer of an employee from the service in any

establishment of such employer, or its holding company, or any of its subsidiary companies, or any other subsidiary of its holding company.

(3) A period of absence between discharge and re-engagement of less than two months shall be deemed not to break employees continuous service, and shall count towards the purpose of conferring any benefits in terms of clause 10.

(4) If, upon a change of employer at an establishment, and employee enters the service of the new employer or continues his service in the establishment, and shall count towards the purpose of conferring may benefits in terms of this agreement.

Piece – work, task – work or work on ticket system

26. (1) No employer shall give out, and no employee shall perform work on

(a) a piece – work basis; or (b) a task – work basis

(2) no employee shall be employed on a ticket system basis.

Special provisions; commis cook, commis waiters, learners barmen and learner receptionist, leaner florists

Proportion of ratio of employees

28. (1) For the purpose of this clause, casual workers or part time employees shall not be reckoned as employees.

(2) An employer shall not employ more than –

(a) one leaner barman for every barman (b) one leaner receptionist for every receptionist (c) one commis cook for every two cooks (d) one commis waiter for every five waiters; (e) one leaner florist for every florist employed by him

Uniforms and protective clothing

Claims for benefits

30. Claims for overtime, rent, leave pay, or any other benefits accrued to an employee shall be claimed by the employee, if not paid by the employer within one year of its becoming due, not later than three years after it becomes due. 31. (1) No employee may waive the provisions of this agreement, whether or not the said provisions create a benefit to or an obligation upon the employer or employee concerned. Each provision shall create a right or obligation, as the case may be, independently of the existence of other provisions.

(2) should any of this agreement be declared ultra vires by any competent court of law, the remaining provisions of the agreement shall be deemed to be the agreement, and shall remain in force for the unexpired period of this agreement.

Declaration

The employers’ organisation and the trade union, having arrived at the agreement set forth herein , the undersigned hereby declare that the foregoing is the agreement arrived at and affix their signatures hereto

Signed at Harare this 21st day of August 2012.

P. MATAMISA – MOYO - For and on behalf of the Employers Organisation

T. NXUMALO - For and on behalf of the Trade Union

M.A. MASUNDA - Chairman of the Council

J. NDEBELE - General Secretary

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Annexure A: The role of the Trade Union

The Trade Union has a special role to play in promoting Industrial harmony and productivity. As it represents the employees in the Industry, it will be interested in a wide range of issues affecting staff.

They include:-

Labour and Wages Social Welfare Culture and education; Sport and recreation; Courses of instruction; Housing; Holidays; Canteens; Industrial safety; Advising on personal finances; Legal matters; Catering for retired workers; Unemployed workers.

Such assistance as can be rendered to the trade union by employers such matters will be regarded as being in the interests of the industry as a whole.

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Annexure B: INCREMENTAL SCALE IN RECOGNITION OF CONTINUOUS SERVICE

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Annexure C: MINIMUM SCHEDULE OF UNIFORMS AND PROTECTIVE CLOTHING

In terms of clause 29; uniforms and protective clothing, the following schedule represents the minimum initial issue, which shall be provided and replaced, free of charge, by the employer, as and when necessary, due to fair wear and tear, on production of the used article.

Department: Uniform and protective clothing

Kitchen: Caps or suitable head water, jackets and/or shirts; trousers and/or shorts; footwear.

Bedrooms: Jackets and/or shirts; trousers and/or shorts/skirts/overalls and/or dustcoats; caps.*

Grounds: Overalls; rain caps/coats; footwear

Front office: Jackets and/or shirts; trousers or skirts (alternatively shorts); Footwear, *Ties

Department

Uniforms and protective clothing

Notes:

1. Where required as part of uniform and a particular type, colour or pattern is to be worn, the employer shall provide and maintain the article, free of charge.

2. It is a condition of employment that uniforms and protective clothing shall remain on the premises of the employer.

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ANNEXURE D: CLASSIFICATION OF ESTABLISHMENTS

The table below indicates the class an establishment falls under according to the type and location of the establishment.

*All hotels, whose grading in terms of the Development f Tourism Act is three stars shall, for the purposes of clause 10, be deemed to fall within Class 1 irrespective of their location-

(a) “urban” means all centres designated with city, municipal, or town status in terms of the Urban Councils’ Act (Chapter 29:15) and shall include all establishments in the area within a radius of sixteen kilometres from the post office at Bindura, Bulawayo, Chegutu, Chinhoyi, Chitungwiza, Gwanda, Gweru, Harare, Marondera Masvingo, Mutare, Redcliff, Rusape, Shurugwi, Victoria Falls, Zvishavane. (b) Other covers all establishments not falling under (a) or (c) and shall include :-

(i) Designated growth points; and (ii) Agricultural and commercial areas

(c) Communal lands and rural areas.