COLLECTIVE AGREEMENT BETWEEN QUALITY INSURANCE COMPANY LIMITED AND THE INDUSTRIAL AND COMMERCIAL WORKERS UNION (ICU) OF GHANA

QUALITY INSURANCE COMPANY LIMITED RULES AND CONDITIONS OF SERVICE FOR JUNIOR STAFF

QUALITY HOUSE RING-ROAD CENTRAL, ACCRA

EFFECTIVE 1ST JANUARY 2011 - 31 DECEMBER 2012

Preamble:

With the aim of establishing satisfactory relations between Quality Insurance Company limited herein after referred to as the Employer and Industrial and Commercial Workers Union herein after referred to as the Union and in the common desire to promote the interests of both parties as well as the economy of the country, the Employer and the Union have agreed after negotiation to sign and implement the following Collective Agreement.

Scope of Agreement:

The agreement shall become effective from 1st day of January 2011 and will apply to all employees for whom the Union is empowered to negotiate in the employment of the Company to whom the Agreement applies and who will be in the employment of the Company at the time the Agreement comes into effect.

Article 1 - Subject Matter

Article 2 - Duration

a) The duration of this Agreement shall be for a period of two years commencing from 1st day of January 2011

b) After twenty-two (22) months from effective date of the Agreement either party may give one calendar month notice in writing of its desire to continue the Agreement for a further period to be agreed upon between the parties at the time or its intention to terminate the Agreement.

Article 3 - Conditions of engagement

a) On engagement of any employee who falls within the scope of this Agreement he may be furnished by the Employer with a copy of this Agreement together with any appendices for his retention.

b) The Employer shall give the newly engaged employee a letter of appointment stating:-

a. Salary Point

b. Salary Scale

c. Probation Period

d. Job title or classification in terms of Appendix 'A' attached hereto in terms of the company's salary structure.

c) Any employee who in the opinion of the Employer is required to be on probation shall on engagement undergo a probation period, which shall normally be six (6) months from the date of his engagement.

i. Where there is any doubt as to the employee's suitability for the job/ position i.e. on medical grounds or performance the probationary period of the employee may be extended for a further maximum period of three (3) months.

ii. During the probationary period the services of an employee may be dispensed with when one (1) month notice has been given or one month salary lieu thereof in accordance with section 17 of the Labour Act (Act 651) of 2003.

d) At the end of the probation period, and in any case not later that three (3) working days before the end, the Employee shall be written to confirming his retention in Employer's service or shall be given notice in accordance with Article 3(c) above. Should the employer not comply with this requirement the employee shall have the right to demand the Employer's decision.

Article 4 - Union Dues

a) Upon the receipt of the written instructions from the Union, the Employer undertakes to deduct the Union dues from the Employee's salary as notified to him or her in writing by the Union and to pay such amount deducted as directed by the Union.

b) For the purpose of this Agreement the Employer shall recognize the Industrial and Commercial Worker's Union as the Union for Collective Bargaining on behalf of the category of employees indicated.

Article 5 - Hours of Work

Article 6 - Overtime / Extra Duty Allowance

Article 7 - Rate of Pay

a)Workers who are covered by this Agreement shall receive the rate of pay appropriate to their respective job classifications as shown in Appendix 'A' that forms part and is attached to this Agreement.

b)In the event of employment of staff in a capacity within the terms of this Agreement for which there is no provision in Appendix 'A' hereto appropriate classification and rate of pay shall be determined between the Employer and the Union and such classification and rate shall be regarded as forming part of appendix 'A'.

Article 8 - Annual Increment

a) Annual salary increment as provided for in Appendix 'B' hereto shall be granted on 1st January provided:

i. The employee has not received two warning letters in accordance with the provisions of Article 20 of this Agreement.

ii. The employee must be informed in writing in advance of his or her unsatisfactory performance to warrant his/ her increment being withheld.

iii. Other disciplinary action leading to the withholding of salary.

b) Any employee who has completed six (6) months continuous service at the end of the salary year shall be eligible for the annual increment in accordance with (a).

c) An increment withheld other that as stated in (a) or any other reason above shall be reconsidered after six (6) months from the date of withholding and shall be reinstated subject to satisfactory work and conduct.

d) In the case of special merit, employees may be awarded additional increment at the discretion of Management. Further increments after an employee has reached the maximum of his/ her salary scale shall be at the discretion of Management.

a) An employee who would not enjoy the annual increment as a result of any of the foregoing should be notified in writing and a copy thereof should be sent to the Union.

Article 9 - Salary Advance and Loans

a) Special Loans may be granted at the discretion of the Employer for the purchase of consumer items.

b) In granting a loan, the Employer shall ensure that total deductions shall not exceed 45% of the employees gross salary.

Article 10 - Acting Allowance

a) Where an employee is required to perform the duties of a higher position continuously for a period of not less than one month, he shall be paid the difference between his salary and the minimum for the post which he is acting.

b) Trainees however will be required to act in different posts for varying periods and the work involved will be regarded as part of their training and will not therefore entitle them to this allowance.

Article 11 - Per Diem Allowance

a) Per Diem allowance shall be GHC50.00 flat including boarding, lodging and meals.

b) An employee who travels outside duty post and returns the same day shall receive a travelling allowance of GHC16.00.

c) For Branch Operations the allowance for daily return trips applies when the marketing activity or tour is outside the region of duty post or beyond a radius of 100km from the duty post.

Article 12 - Annual Leave

d) As far as possible leave will be granted at a time most convenient to the employee provided the exigencies of the service permit this.

e) Where owing to the exigencies of the services it is not convenient for the Employer to permit an employee to take his full leave what he was unable to take will be added to his leave entitlement of the following year.

f) Leave may be interrupted at any time if the exigencies demand the return of the employee to work before the expiry of his leave period.

g) The employer who requires any employee to interrupt his annual leave in the circumstances stated above shall make up to the employee the normal transport expenses incurred on account of the interruption and resumption of such leave by the employee.

h) The number of days of leave already earned by the employee in the service of the Company on 1st January will not be reduced by virtue of the foregoing.

Article 12A: Leave Pay on Discharge

On leaving the service of the Employer on grounds other than summary dismissal, the employee shall be granted earned leave allowance not taken or payment in lieu thereof in proportion to the number of months served after his last leave.

Article 13 - Compassionate Leave

Article 13A - Casual Leave

By an express consent of the employer, an employee shall be granted not more than ten (10) days leave which will be deducted from employee's further earned annual leave provided he has already enjoyed his annual leave.

Article 14 - Training

Article 15 - Leave of Absence for Union Activities

a) An employee elected to a permanent office in or as a delegate to any labour activity necessitating a leave of absence shall be granted such leave with pay.

b) Written notice for such leave giving length of leave shall be given to the employer as far in advance as possible but not later than one day prior to the day such leave is to become effective.

c) Permanent Office means a QIC Local Union executive.

Article 15A - Sympathy Strikes

Employees shall not undertake sympathy strikes where the dispute does not involve the Employer.

Article 16 - Medical Facilities

Article 17 - Provision of Spectacles

This provision will be taken care of as per the conditions in the Momentum Scheme.

Article 18 - Maternity Leave

Article 19 - Sick Leave

c) Does not include self induced or self-inflicted injury

d) Where (c) would apply the employee should be reviewed by employer's doctor and no other.

e) The grant of further periods of sick leave with pay after the maximum period described in (b) above shall be at the discretion of the Employer subject to the doctor's advice.

f) If an employee is prevented by ill health duly certified by a registered Medical practitioner from returning to duty at the end of his annual leave, he shall be regarded as absent on sick leave from the expiration of his annual leave.

g) Where Sick Leave is in consequence of an accident arising out of and in the course of employment, the amount of pay shall be calculated according to paragraph (ii) above or in accordance with Workmen's Compensation Act on a month-to-month basis, whichever amount shall be greater.

Article 20 - Written Warning

In the event of an employee committing misconduct which does not amount to serious misconduct, such employee will be warned in writing with a copy to the Union after the attention of the Union's shop steward has been called to the offence by the Manager, the Assistant or the next senior officer where there is no Personnel Manager.

At the discretion of the Employer, two written warnings within any period of twelve consecutive months may result in the withholding of any increment to which the employee would otherwise be entitled on the 1st January. Following the second written warning and third written warnings within any period of twelve consecutive months may result in termination of the employee's appointment.

The employer shall keep the Union informed of all disciplinary actions.

Article 21 - Termination of Service

a) Permanent employees with less than three years continuous service may resign by giving one (1) month notice to the employer or by paying 1 month gross consolidated salary to the Employer in lieu of notice.

b) If an employer wishes to terminate the service of an employee, the employer shall give one month notice or payment in lieu of notice.

c) Any remuneration earned by the employee before termination shall be paid.

Article 22 - Interdiction

a) If an employee is suspected of being guilty of any offence, which would require summary dismissal, Management may interdict the employee from duty while further investigations are carried out.

b) During the period of interdiction from duty, the employee shall be entitled to be paid at a rate of half of his consolidated monthly salary.

c) The employee shall be reinstated in his employment if he is found not guilty of misconduct and shall be paid his full salary for the period during which he was interdiction.

Article 23 - Summary Dismissal

Summary dismissal may be affected in the case of serious misconduct. Example of serious misconduct:

a. Dishonesty

b. Fraud

c. Drunkenness

a) These examples are not to be regarded as exhaustive. No notice shall be given in the case of Summary Dismissal.

b) Summary dismissal shall result in loss of benefits otherwise payable on termination of employment. E.g. (dishonesty and fraud involving financial loss to the Employer).

c) In any other circumstances resulting in financial loss to the Employer the amount of such loss shall be deducted in full from such benefits.

d) Alternative penalties for the above offences in lieu of dismissal may be applied entirely at the discretion of the Management (not exhaustive) might be:-

i) Reduction in rank that is removal to another grade with an immediate reduction in salary.

ii) Reduction in salary that is an immediate adjustment of salary to a lower point on the salary scale attached to the post in question.

iii) Suspension without pay for a stated period.

Article 24 - Redundancy

Article 25 - Retiring Age

a) Normal retirement age for both male and female employee is 60 years. Any extension of employment beyond this age will be a separate agreement between the employer concerned and the employee.

b) Individual requests by employee for voluntary retirement at 55 years of age for both male and female may be subject to 3 months written notice of such intention being given by the employee.

c) An employee leaving the Company either on voluntary or compulsory retirement shall receive all his entitlement under this agreement to the date of retirement.

Article 26 - Grievance Procedure

Step -1 In the event of any grievance the employee should as a first step take the matter up with his immediate supervisor / sectional head. If he does not obtain satisfaction, he may ask for the Shop Steward / Local Secretary to present case.

Step - 2 If the matter remains unresolved the shop/steward/local secretary he will take the matter up with the section manager. If no progress is made at this stage, the local secretary shall take the matter up with the personnel manager.

Step - 3 If the matter remains unresolved the local secretary will inform the regional industrial relations officer of the union who will arrange to meet the management and endeavor to settle the case.

Step - 4 If after step 3 the above matter still remains unresolved the union will summon the Standing Negotiating Committee to meet and endeavor to reach agreement. If the committee fails to resolve the matter, either party will proceed constitutionally by reporting the dispute to the National Labour Commission (NLC) with a request that he appoints a referee for resolution.

Article 27 - Annual Bonus

The Company may pay annual bonus from the company's profits at a rate approved by its Board of Directors.

Article 28 - Absence from Work

a) In the event of any employee covered by this agreement, absenting himself from work without permission, he shall be queried after resumption of duty and if a satisfactory answer is not given within three days, the days for which he has absented himself from duty shall be deducted from his salary or shall receive a warning letter.

b) In the event of any employee absenting himself for a consecutive period often (10) days without permission he shall be regarded as having abandoned his post unless the employer has received satisfactory reasons for the absence in writing within 36 hours of failing to report for duty medically related otherwise to be debited to employee's annual leave.

c) Any employee who absents himself without permission shall immediately communicate to the management the circumstance leading to his absence and the Management may at its discretion grant a compassionate leave to that effect.

Article 29 - Next of Kin

In the event of the death of an employee the employer shall pay all benefits and entitlements to the employee's personal representative(s) on the production of Probate or Letters of Administration granted by the Court of competent jurisdiction in Ghana.

Article 30 - Certificate of Service

Certificate of service shall on request be given to all employees who leave the service of employer stating:-

i. The period of service

ii. The grade of classification attained

iii. The amount of annual salary if so requested by the employee

Article 31 - Transfer and Transfer Allowance

a) In the case of permanent transfer notice shall be served on the employee normally at least thirty (30) days before the date of departure to the new station. In the cases of emergency, a reasonable period of notice shall be given as much as possible.

b) Temporary Transfer - When an employee is transferred temporally, i.e. for a period not exceeding three calendar months from one station to another, basic overnight accommodation and agreed transport between the points of transfer as a result of the transfer shall be paid by the employer. The employee will also be paid overnight allowance at the rates specified in Article 11.

c) Permanent Transfer - When an employee is transferred permanently i.e. for a period exceeding three calendar months from one station to another, the employer will pay the transport fares of the employee and his family to the point of transfer.

d) In addition to Article 31 (c) above, the employee shall be paid an inconvenience allowance of 40% of annual basic salary.

e) On leaving the services of the employer on grounds of invalidity, redundancy or retirement, other than summary dismissal or voluntary resignation, the employer shall be responsible for the transportation of the employee and his family to his hometown in Ghana as stated on the application form for employment. The rate of transport will be computed at the GPRTU rate.

Article 32 - Promotion

a) As far as possible and depending upon suitable candidate being found all vacancies will be filled by promotion from within.

b) Promotions shall be based on efficiency on the job, experience, qualification, and 'Sense of responsibility, initiative and general behavior.

Article 33 - End of Service

Proposal to be submitted later.

Article 34 - Uniforms / Clothing Allowance

a) Where the company directs that the nature of the work requires the employees to wear uniforms in the interest of their business, uniforms will be provided at the expense of the company.

b) The employer may provide clothing allowance to enable employees attire themselves according to the needs of their duty.

Article 35 - Funeral Grant

Article 35A - Financial Assistance on Bereavement

On the death of a nominated dependent, staff may apply for an interest free loan of one-month salary payable in six (6) months.

Article 36 - Salary / Wages

This shall be negotiated for every year.

Article 37 - Group Term Assurance:

i. The company shall run a group term assurance for staff.

ii. The sum assured shall be two (2) times staff's annual salary.

iii. The premium for the group term assurance shall be shared equally between staff and the employer.

Article 38 - Provident Fund

Article 40 - Interpretation

In these rules, unless the context otherwise requires:

(i) "COMPANY" means the Quality Insurance Company

(ii) "STAFF/EMPLOYEE" means a Junior Staff of Quality Insurance Company

(iii) "WORKING DAYS" means any day other than Saturdays, Sundays and Public Holidays 

(iv) "PREMUIM" means an amount to be paid for a contract of insurance

(v) Reference in this Agreement to the Masculine gender shall include the Feminine gender

Signed on behalf of QIC

Name:.. .

Signature:

Signed on behalf of ICU

Name:.. .

Signature: