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MEMORANDUM OF AGREEMENT Between BUTTERFLY PROPERTIES LIMITED And KENYA BUILDING, CONSTRUCTION, TIMBER AND FURNITURE INDUSTRIES EMPLOYEES UNION

IN THE MATTER OF MINIMUM RATES OF WAGES, TERMS AND CONDITIONS OF EMPLOYMENT PAYABLE AT BUTTERFLY PROPERTIES LIMITED.

PREAMBLE

WHEREAS by terms of Recognition and Negotiating Procedure Agreement signed between the Company and the Union on 17th September, 2014 it was agreed that the Union has been recognized by the Company as a sole labour organization representing the interest of the unionisable employees employed by the Company.

WHEREAS it is agreed that the rates of wages and general terms and conditions of employment to be paid and provided to employees engaged by the company shall be negotiated and agreed between the company and the Union.

AND WHEREAS the Company/Employer shall draw the attention of the existence of this Agreement to all his sub-contractors and labour contracts/agents who may not be a party to this Agreement, and to urge them to adhere to and observe fair labour practices in all work sites and to guard against underpayment to their employees contrary to the statutory obligation as to the rates of pay and to terms and conditions of employment.

NOW THEREFORE, the company and the union having successfully concluded negotiations at their Joint Industrial Council agree as stated hereunder:-

1. APPLICATION

This agreement shall apply to all unionisable employees of the company but shall exclude employees as may be defined in the Industrial Relations Charter, Appendix “C”.

2. INTERPRETATION

All clauses, paragraphs and parts, as contained in the Agreement, shall be taken to mean as they read. In the event of any dispute on interpretation of any paragraph, clause or part; an Ad Hoc Committee composed of two representatives from Union’s side (to be appointed by the Union) shall be requested to interpret the paragraph, clause or part in dispute within a period of 10 days.

The decision of the Committee so appointed, as provided above, shall be communicated to both parties in writing by the Secretary to be appointed by the Ad Hoc Interpretation Committee from amongst its members, In the event of failure to reach agreement at that level, both parties shall refer the dispute to the Ministry of Labour in accordance with the provisions of the Labour Relations Act 2007.

3. HOURS OF WORK

(i) The normal working week shall consist of forty-five(45) hours of work at the rate of eight (8) hours of work per day from Monday to Friday inclusive and five hours of work on Saturday (hereinafter referred to as the normal hours of work per week or per day) as the case may be.

(ii) Provided that in the case of watchmen, the normal week shall be 60 hours divided into six days of ten hours each.

(iii) Without prejudice to any contract of service being terminable by either party in accordance with Clause 18 of this Agreement no contract of work per week or, in the case if employee engaged after the start of the week, for less than the normal hours of work per week or, for less than the normal hours of work per day on each of the remaining days of the week. Any employee who is forced by his employer to work for less than the normal hours of work shall be paid at a rate not less than the employee’s daily rate of wage.

(iv) An employee who is stopped from working by his employer for any period of time for any reason other than termination of employment, dismissal or increment weather condition shall be entitled to his full rate of wages per day.

(v) For purpose of this clause, Saturday shall be treated and paid for as a full working day.

4. OVERTIME

Overtime shall be paid at the following rates:-

(i) In respect of any time worked in excess of the normal hours of work per day specified under Clause 3 of this Agreement the employee shall be paid overtime at one and half times his normal rate of wages per hour.

(ii) In respect of any time worked on a seventh day, an employee shall be paid overtime at double his normal rate of wages per day.

(iii) Watchmen (security guards) who are paid on ten hours shift basis shall be paid overtime at a time and a half for any time worked in excess of sixty hours during any one week. Provided that where a watchman (security guard) works on his weekly rest day, which may be any day of the week and not necessarily on Sunday, such Watchman (security guard) will be paid for the day at double his normal rate of wages per shift.

(iv) For the purpose of calculating payment for overtime, in respect of those employees in receipt of monthly rates of pay, the normal hourly rate of wages shall be deemed to be not less than one-one hundred any ninety-fifth (1/195) of employee’s monthly wage and one eighth (1/8th) in respect of employees in receipt of daily rates pay and for calculating overtime for watchmen, the hourly rate of wages shall be deemed to be not less than one tenth of the watchmen’s shift rate.

(v) Reasonable notice will be given to employees required to work overtime, except in cases of emergency.

5. PAYMENT WAGES

(i) Wages shall be paid in arrears and shall become due and payable on or before the first day of the following month and shall be paid in the currency of Kenya. In case of employees who are paid daily, weekly or fortnightly, the wages shall be due and payable at the end of the day, end of the week or fortnightly as the case may be.

(ii) In respect of employees employed for a period of less than one calendar month, wages shall become due and payable on the termination of employment.

(iii) Payment of wages shall be made on a working day and during the working hours and at the place of employment or as mutually agreed by parties. Provided that the method or mode of payment of wages shall in no way prejudice the right of the employee to enjoy any or all fringe benefits stipulated in this Agreement and, for this purpose and no matter how an employee is employed or paid, such an employee shall be entitled to all fringe benefits earned by him/her.

(iv)Where an employer pays wages outside working hours, the time spend in paying wages shall be regarded and paid for as overtime in accordance with provision of Clause 4 of this Agreement.

(v) The method of conversion of daily rates of wages for all purposes shall be the employee’s monthly wages divided by 26.

6. SAFARI ALLOWANCE

(i) An employee who is required to perform work away from his principal area of employment shall be entitled to be paid subsistence and accommodation allowance as follows:-

(a) Breakfast (applicable only to overnight stop) -......... 75.00

(b) Lunch -........................................................................ 120.00

(c) Supper (applicable to overnight stop and where

and employee does not return to his principal area

of employment by 8.00pm)................................................140.00

(d)For an overnight stop in Nairobi and Mombasa,

an employee shall be entitled to accommodation

allowance............................................................................375.00

(e)For an overnight stop elsewhere, an employee

Shall be entitled to accommodation allowance...............335.00

(f)For a night stop when the employer provides

accommodation, the rate will be equivalent to

the total amount of (a),(b) and (c) above and as

they may be applicable......................................................335.00

(ii) The subsistence and accommodation allowance payable under Subparagraph (i) of this paragraph shall cease to be payable to an employee after thirty consecutive days of absence on duty from his principal area of employment and thereafter an agreement in respect of additional accommodation and subsistence allowance shall be negotiated between the employer and the employee(s) or employee’s representatives.

(iii) Provided that safari allowance shall not apply where transfer allowance has been paid.

7. TRANSFER ALLOWANCE

Where an employee is to be transferred to another branch/site of employer’s business such an employee:-

(a) Shall be given reasonable notice of the intended transfer.

(b) Shall be provided with satisfactory transport by his employer for himself and his personal effects.

(c) Will be eligible to receive salary advance which would be recoverable in reasonable installments but such installments shall not exceed four.

(d) Provided that no employee shall be regarded as having been transferred to another branch/site of the employer’s business if the duration of such transfer will not be of a period of less than thirty (30) days, unless work is stopped for reasons beyond the control of the employer prior to expiry of a period of thirty (30) days.

(e) Shall be paid once a transfer allowance at the rate of 30% of the employee’s basic monthly salary, provided that the allowance is not applicable on return to the original place of employment.

(f) Transfer of employees to foreign Countries shall be done in accordance to the Law and the Union shall be informed.

8. LEAVE TRAVELLING ALLOWANCE

(a) After twelve month’s consecutive service with an employer, an employee shall be entitled to a minimum leave travelling allowance of payment by the employer of the actual cost of travel by the most economical and available means of travel to the employee’s home in advance and, if his service continues, to such payment at the time of return to work of the actual cost of the return journey from such home to the place of employment whichever payment is greater.

(b) Where an employee has been asked by his employer to be paid in lieu of his annual leave, such an employee shall be entitled to leave traveling allowance, however, this shall not be applicable where an employee him/herself requests for leave encashment.

9. HOUSE ALLOWANCE

An employee who is not provided by the employer with reasonable free housing accommodation shall be entitled, in addition to his rate of wages, to a housing allowance as follows:-

(a) Nairobi, Mombasa and Kisumu-.........Ksh. 2,500.00

(b) All Municipalities, Town

and Urban Councils and other areas.......-Ksh. 2,100.00

As respect employees who are employed for a period of time less than one calendar month, the daily rate of housing allowance shall be deemed to be not less than the following rates:-

(i) Nairobi, Mombasa and Kisumu..............-Kshs. 96.00

(ii) All Municipalities, Town and

and Urban Council others areas

provided no employee shall be paid

housing allowance of less than 20%

of his rate of wages................................... -Kshs. 81.00

10. ANNUAL LEAVE

(i) After each period of twelve month’s consecutive service with an employer, an employee shall be entitled to annual leave for a period covering 26 working days with full pay and such leave may be taken at any time during the ensuring twelve months.

(ii) Where employment is terminated before the completion of any twelve month’s leave earning period, an employee shall be entitled to a pro-rata leave of two and one quarter (2.25) working days with full pay for each month of service.

(iii) Any pro-rata leave earned within a period of twelve months at the time of termination of service shall be paid for in cash.

(iv) For the purpose of this Clause, Saturday shall be regarded like any other working day.

11. COMPASSIONATE LEAVE

(i)An employee desirous of taking leave on compassionate grounds shall by prior arrangements with the employer be granted such leave up to his earned entitlement under Clause 10 of this Agreement and the leave so taken my be subsequently set off against his annual leave.

(ii) An employee may, in addition to the leave provided for under Sub-paragraph (I) if this paragraph, be granted 10 days compassionate leave without pay but without loss of seniority in any one year.

12. PUBLIC HOLIDAYS WITH FULL PAY

(i) The following days and all gazette public holidays shall be holidays with full pay:-

• Good Friday

• Easter Monday

• Labour day

• Madaraka day

• Idd-Ul-Fitr day

• Independence day

• Christmas day

• Boxing day

•Mashujaa day

(ii) Where an employee is required to work on a day which by virtue of subparagraph (i) of this Clause is a holiday with full pay, he shall be paid in respect of any time so worked at double times his normal rate of wages per hour in addition to the payment he would have receive had he not been required to work on that particular day.

13. SICK LEAVE

An employee shall be entitled during every twelve month’s service to sick leave with full pay of 40 days and thereafter to sick leave with half pay of a maximum of 50 days.

Provided that:-

(i) An employee shall not be entitled to such payment unless he produces to the employer a certificate of incapacity covering the period of absence, signed by a Medical Practitioner in charge of a dispensary or medical centre or by a person authorized by him in writing and acting on his behalf.

(ii) An employee shall not be eligible for payment under this Sub-paragraph in respect of any incapacity due to gross neglect on his/her part.

(iii) An employee who is in receipt of housing allowance in accordance with Clause 9 of this Agreement is absent from duty due to illness or any other physical incapacity he shall continue to be paid housing allowance in full.

14. WORK INJURY BENEFITS

Any employee injured while on employer’s business shall be treated and paid as specified in the Work Injuries Benefit Act – 2007 of Laws of Kenya as amended from time to time and while the assessment is being processed and calculated, the injured person shall receive half pay. Employment of such an employee shall not be terminable before obtaining a certificate of incapacity from the Doctor who is treating the employee.

15. MATERNITY LEAVE

A female employee shall be entitled to three months maternity leave wit full pay. Any female employee who has taken her maternity leave shall be forfeit her annual leave for that year.

A male employee shall be entitled to two weeks paternity leave with full pay.

16. WARNING PROCEDURE

An employee whose work or conduct is unsatisfactory or who commits an offence which does not warrant instant dismissal shall be warned in writing and the following procedure shall apply:-

(i) The first and second warnings shall be recorded in the employee’s employment record with copies of such warnings to the Shopsteward. Such warnings shall remain valid for twelve months from the date of issue.

(ii) If within the twelve month’s period, the employee commits a further offence which does not warrant instant dismissal, he will be issued with a further warning which will make him liable for instant dismissal for any other offence he/she commits after the third warning. A copy of the final warning shall be copied to the area Branch Secretary of the Union.

(iii) Should an employee complete twelve months from the date of the issue of the first, second and last warning without committing of a further offence, the warning issued or recorded in his/her employment record shall be deemed to have automatically lapsed.

Provided an appeal against any warning letter shall be lodged with the Management within a period of five (5) days after received of such a warning letter. The Management to respond to such an appeal within a period of seven (7) days upon receipt of such an appeal without unreasonable delays.

17. REDUNDANCY

It shall be a condition in every contract that, where the employment o any employee is to be terminated on account of redundancy, the following principle shall apply:-

(i) The Union shall be informed of the reasons for, any the extent of, the intended redundancy seven (7) days prior to the issuance of the notice.

(ii) The employer shall have due regard to the seniority in time, skills, ability and reliability for each employee belonging to the particular category of employees affected by the redundancy.

(iii) Any leave due to any employee who is declared redundant shall be paid for in cash;

(iv) Any redundant employee with less than four years continuous service with an employer shall be entitled to one month’s notice or one month’s wages in lieu of notice. An employee with four or more years of service shall be entitled to two months’ notice or two months’ wages in lieu of notice.

(v) An employee declared redundant shall be entitled to severance pay at the rate of 17 days pay for each completed year of service.

For the purpose of this paragraph “redundancy” means the termination of employment by employer before wok is completed on the section or site on which the employee is engaged. Where loss of employment is caused by closure or sale of Company or part thereof the employees affected shall be treated as redundant.

18. TERMINATION OF EMPLOYMENT

The first two weeks of employment with the employer may be treated as probationary period, and during such period the contract may be terminable by not less than one day’s notice to be given by either party or one day’s pay in lieu of notice. Such notice to expire at the end of the normal hours of work on any day.

Provided that:

(i) In the case of an employee who has completed two weeks but less than two months’ continuous service with eth employer, the employment shall be terminable by not less than seven days’ notice in writing to be given by either party, or otherwise by payment by either party in lieu of notice of not less than seven days’ wages;

(ii) In the case of an employee who has completed two months’ but less than three years’ continues service with an employer, the contract shall be terminable by not less than one months’ notice in writing to be given by either party or otherwise by the payment by either party in lieu of notice of not less than one month’s wages;

(iii) In the case of an employee who has completed three years’ continuous service with an employer the contract shall be terminable by not less than two months’ notice in writing to be given by either party or otherwise by payment by either party in lieu of notice of not less than two months’ wages;

(iv) In the case of an employee being terminated at the initiative of the employer after completion of one year’ continuous service such an employee shall be entitled to gratuity at the rate of 15 days salary for every completed year of service by way of gratuity to be based on the employee’s wages at the time of termination of his/her services.

(v) The parties have agreed also that before termination provisions of section 41 of the Employment Act 2007 shall apply.

(vi) Nothing in this paragraph shall prejudice the right of either party to terminate a contract summarily for any lawful cause.

19. RETIREMENT /TEMINAL BENEFITS

(a) An employee shall be entitled to 21 days pay for every completed year of service by way of gratuity to be based on the employee’s wages at the time of termination of his services.

(b) An employee, who resigns for reasons other than certified ill health or old age before completion four (4) of a year’s continuers service with the employer, or is dismissed summarily for any lawful cause, shall not be entitled to gratuity.

(i) In the event of any dispute as regards resignation on medical grounds, the verdict of a qualified Medical Practitioner shall prevail.

(ii) The normal retirement age shall be 55 years provided that the employee has the option of retiring at the age of 50 Years.

(c)In case of death an employee, the retirement benefits shall be paid by the employer to the lawful heirs of deceased.

(d) The employment shall be terminable by not less than two (2) months’ notice in writing to be given by either party or otherwise by payment by either party in lieu of notice of not less than two months’ wages.

(e) On retirement, the employee shall be paid one way actual cost of transport to his/her home area.

20. RELIGIOUS HOLIDAYS

An employee desirous to take time off for religious purposes shall be granted such time off without pay, or alternatively, such an employee shall have the option of having the number of days taken for religious purposes set off against his annual leave entitlement.

Note: For purpose of this Clause, an employee shall be deemed to be a member of one Religion only.

21. ACTING ALLOWANCE

Where an employee is required to work in full acting capacity for a period of not less than one month in an occupation or grade for which the minimum wage prescribed in Clause 33 of this Agreement is higher than the minimum wage normally earned by the employee, he/she shall be paid acting allowance at the rate of not less than the difference between such higher rate and his/her normal wage, provided, that such arrangement shall be made in writing.

22. TOOLS ALLOWANCE

Machine tools shall be provided by the employer in an established workshop. Where tools are not provided by the employer, the employee shall be paid tools allowance if he/she has tools as specified in the list of the Director of Industrial Training or that the employee has the necessary tools required by the employer for the work assigned to the employee at the following rates:-

RATES PER MONTH

Ksh. 221.00- Ksh.155.00 Ksh. 135.00 Ksh.115.00
Mechanics Carpenter

Joiner

Plumbers

Electricians

Masons

Stone dressers

Bricklayers

Terrazzo pavious

Steel fixers

Steel erectors

Metal workers

Painters

Decorators

Benders

Twisters

Asphalters

Floor layers

Roofers

Provided that in the case of painters, brushes will be supplied by the employer.

23. CONTINUITY OF SERVICE

The service of an employee shall be deemed to be continuous and unbroken if:-

An employee is transferred to a different site as a result of completion or near completion of work at any particular site where such an employee had been engaged or taken.

24. ABSENCE FROM DUTY

No employee shall suffer dismissal or termination of employment on grounds of absence from duty provided that such absence does not exceed seven (7) continuous days and provided further that the employee has sufficient and convincing reasons for the absence. No payment shall be due to the employee during the period of such absence.

25. PROVISION OF PROTETIVE CLOTHING UNIFORM AND OTHER EQUIPMENT.

The employer shall provide protective clothing, uniform and other necessary equipment to is employees as specified here-below. The employer shall provide a bar of washing soap or its equivalent in a month to each employee using such protective clothing and uniform.

Watchmen (Security Guards) will be issued with a torch, half boot, helmet and whistle and a heavy overcoat.

Light overalls will be issued to painters, mechanics, assistant mechanics, boiler men, welders, drillers and sanitary sweepers, greasers in motor workshops, carpenters and masons in established workshops and electricians.

Light Over Jackets will be issued to Storekeepers and Laboratory Staff.

Motor Cycle Drivers will be issued with uniforms and will also be given rain coats, hand gloves and helmets.

Uniforms will be issued to messengers and drivers.

Gum boots will be issued to Terrazzo Pavious, Sanitary sweepers, Aslphalters and Concrete Block makers.

Safety Boots will be issued to all employees engaged on construction sites and workshop.

Provided that;

(i) The employer shall provide each employee, where applicable, with two sets of protective clothing and uniform and (ii) The above items will be replaced as and when the issues are inadequate for the purpose for which they are intended (iii) The provisions of The Factories Act will apply to all employees.

26. CERTIFICATE OF EMPLOYMENT

(i) Every employee shall be given a certificate of service by his/her employer upon the termination of his/her employment and every such certificate shall contain the following particulars:-

(a) the name of the employer and his postal address;

(b) the name of the employee;

(c) the day when the employment commenced;

(d) the nature and usual place of employment;

(e) the date when employment ceased; and

(f) such other particulars as may be prescribed

(ii) Subject to Subsection (i) of this Section, no employer is bound to give to any employee any testimonial, reference or certificate relating to the character or performance of an employee.

(iii) Any employer who willfully or by neglect fails to give an employee a certificate of service in accordance with Sub-section (i) of this paragraph or who in a certificate of service includes a statement which he knows to be false shall be guilty of an offence.

27. TRANSPORTATION

Employees shall be provided by the employer with reasonable and adequate healthful means of transport from an agreed point to their working place and from their working place to an agreed point. For the purpose of implementation of this Clause an agreed point shall be the point agreed upon between the employer and the employees’ representatives.

Nothing in this clause shall prevent the employer from providing other means of transportation.

28. SAFETY AND HEALTH

Shall be dealt with as per the Occupational Safety and Health Act 2007.

29. LETTER OR DOCUMENT OF APPOINTMENT

Each employee shall be issued with a letter or document of appointment by the Employer indicating the following:-

(a) Name and address of employer

(b) Name of the employee

(c) Date of engagement

(d) Nature of work or occupation

30. MEDICAL TREATMENT

(i) An employee, who falls sick and requires medical treatment, shall be entitled to reimbursement of expenses incurred in respect of such medical treatment up to Kshs. 15,000/= in a period of 12 months on production of receipts issued by registered Medical Practitioners.

(ii) No employee shall suffer dismissal or any other discriminatory tendencies on account of being HIV positive. Particular care and consideration shall be given to such an employee especially during times of seeking treatment. Both parties shall endeavor towards the fight of the scourge.

31. FUNERAL/BURIAL ASSISTANCE (DEATH IN SERVICE)

In case of death of an Employee, the employer shall assist towards funeral/burial expenses by way of payment of not less than Ksh. 20,000/=. Nothing in this Clause shall prevent an employer from offering any further assistance either in material or monetary form as his discretion.

32. BASIC MINIMUM RATE OF WAGES (PER DAY, PER SHIFT AND PER MONTH) EXCLUSIVE OF HOUSING ALLOWANCE.

Shall be as schedule I on page 15.

33. INCREASE TO EXISTING UNAFFECTED EMPLOYEES

(i) An employee whose monthly or daily rate is above that specified in this Agreement shall be entitled to a wage increase of 8% on his wage rate for the first year and 8% for the second year of this Agreement.

(ii) Any monthly or daily paid Unionisable employee whose job is not categorized in this Agreement shall be entitled to wage increase on top of his/her wages at the rate of not less than 8% for the 1st year and 8% for the second year of this Agreement.

(iii) Where provision has been made for learners, service with other employers shall count, provided that he/she has been in the same trade for not less than three months’ duration in each case.

(iv) Any category not mentioned in this Agreement will be subject to negotiations between the Union and the Company concerned.

34. EFFECTIVE DATE AND DURATION OF THIS AGREEMENT

This Agreement shall come into effect as from 1st January 2015 and shall remain in force for a period of 24 months from the effective date. Thereafter, the Agreement may, by mutual Agreement, continue to be in force until revised, amended or altered by either party giving two months’ notice of their intention to do so, submitting to the other party details of the intended revisions, amendments or alteration.

SCHEDULE I

BASIC MINIMUM RATES OF WAGES (PER DAY, PER SHEET, PER MONTH) EXCLUSIVE OF HOUSING ALLOWANCE.

JOB CATEGORIES NAIROBI, MOMBASA AND KISUMU CITIES ALL MUNICIPALITIES AND ALL TOWN/ URBAN COUNCIL AND ALL OTHER AREARS
W.E.F

01,01.2015

To

31.12.2015

W.E.F

01.01.2016

to

31.12.2016

W.E.F

01.01.2015

to

31.12.2015

W.E.F

01.01.2016

to

31.12.2016

1 Labourers 449.00 485.00 444.00 480.00
2 General Tradesman Artisans (carpenters, Joiners, Masons, Stone Dressers, Bricklayers, Plasterers, Electricians, Decorators, Metal Workers, Terrazzo, Pavious, Painters, Steel Fixers, Benders and Twisters, Asp halters, Floor-Layers, Finishers, Sign Writers, Glaziers, Roofers and Steel Erectors, Drilling Rig Operator, Machine Operator, Pipe Fitters. PIumbers) Learner, Tradesmen (for a maximum of 2½ years). 540.00 585.00 531.00 574.00
Ungraded Tradesman Grade HE 605.00 653.00 581.00 628.00
Grade III Trade Tested 792.00 855.00 751.00 811.00
Grade II Trade Tested 885.00 955.00 850.00 918.00
Grade I Trade Tested 1,093.00 1,180.00 1,051.00 1,135.00
3 Plant Operators
Greaser 542.00 585.00 537.00 598.00
Plant attendants (Comp. Driver), Mix Driver (Bankers), Small Pheumatic Plant Operators and Jackhammer Operator to One Pneumatic Jack - Hammer weighing 27 Kilos And over) Dumper Driver, 2 tons and under 499.00 539.00 496.00 535.00
4 Light Plant Operators
Class 1 (Agricultural Tractors, Roller dumper) 565.00 610.00 551.00 595.00
Class II (Light Tracked Tractors D4s, etc) 570.00 617.00 561.00 605.00
Heavy Plant Operators D8 Tractors, Graders, Excavators and over head Crane Drivers, Well Drillers 1,095.00

1,183.00

1,049.00

1,133.00

5 Vehicles Operators:
Driver's mates, Greaser and Tyremen

542.00

585.00

537.00

580.00

BASIC MINIMUM RATES OF WAGES (PER DAY, PER SHEET, PER MONTH) EXCLUSIVE OF HOUSING ALLOWANCE.

NAIROBI, MOMBASA AND KISUMU CITIES ALL MUNICIPALITIES AND ALL TOWN/ URBAN COUNCIL AND ALL OTHER AREARS
W.E.F

01,01.2015

To

31.12.2015

W.E.F

01.01.2016

to

31.12.2016

W.E.F

01.01.2015

to

31.12.2015

W.E.F

01.01.2016

to

31.12.2016

5 Trucks up to 2 tons 583.00 630.00 558.00 603.00
Trucks over 2 to 8 tons

761.00 822.00 723.00 780.00
Trucks over 8 to 15 tons (Load) with or without trailer.

1,093.00 1,180.00 1,051.00 1,135.00
Trucks over 15 - 25 tons

(Load) with or without Trailer Trucks over 25 tons

1153.00 1246.00 1123.00 1213.00
6 Mechanical and filters

Greaser 542.00 586.00 537.00 580.00
Ungraded 604.00 652.00 581.00 628.00
Grade III Trade Tested 793.00 856.00 751.00 811.00
Grade II Trade Tested 883.00 954.00 850.00 918.00
Grade I Trade Tested 1093.00 1180.00 1051.00 1135.00
WELDERS

7 Learners Welder for a maximum

period of 21/2 yrs.

540.00 585.00 537.00 580.00
Ungraded 604.00 652.00 581.00 628.00
Grade III Trade Tested 793.00 856.00 751.00 811.00
Grade II Trade Tested 883.00 954.00 850.00 918.00
Grade II Trade Tested 1093.00 1180.00 1051.00 1135.00
8 Junior Headman

499.00 539.00 496.00 535.00
Senior Headman 553.00 597.00 543.00 587.00
9 Miscellaneous:-

Chainman, Laboratory Attendants, Office Messenger, Fuel Pump Attendant, Scaffolder Boiler-man, Checker And Sweeper (Sanitary)

499.00 539.00 496.00 535.00
10 Watchman

basic Minimum wage rates per 10 hours shift.

590.00 637.00 582.00 629.00
11 Clerical categories: Basic minimum rates Per Month (Exclusive of housing allowance Clerk and Store-man) 16,854.00 18,203.00 16.854.00 18,203.00

The basic minimum wage to be paid to an employee shallnot be less favourable than that specified in relation to the category of an employee and to the area of employment a specified in the Collective Bargaining Agreement provided that:-

(i) An employee who is taken by his employer to another ara shall not be paid less than the basic minimum wages payable in the area where the Employer engaged him/her.

(ii) Where an employee (excluding watchman) is required to work a night shift, he shall be paid an allowance of three per cent (3%) of his daily or monthly rate on top of his minimum wage to cover such night work.

SIGNED FOR AND ON BEHALF OF THE BUTTERFLY PROPERTIES LIMITED OF BOX 46206-00100 NAIROBI

…………………………………

NIMEET DODHIA

MANAGING DIRECTOR

…………………………………

GERALD KIHIU

HEAD OF HUMAN RESOURCE

SIGNED FOR AND ON BEHALF OF K.B.C.T & F.I.E. UNION

…………………………………

JULIUS MAINA

FOR: NATIONAL GENERAL SECRETARY

……………………………………………………………………

WILLIAM KIBIRISIMON SIMIYU

BRANCH SECRETARY – KIAMBUSHOP STEWARD

……………………………………………………………………

SAMUEL GITONGASAMUEL MAKAU

ASST. SHOP STEWARDCOMMITTEE MEMBER

WITNESSED BY

…………………………………

SALIM WA- MWAWAZA

FOR: FEDERATION OF KENYA EMPLOYERS

SIGNED AT NAIROBI THIS 26TH DAY OF MARCH 2015

Butterfly Properties Limited - 2015

Start date: → 2015-01-01
End date: → 2016-12-31
Name industry: → Construction, technical consultancy
Public/private sector: → In the private sector
Concluded by:
Name company: → Butterfly Properties Limited
Names trade unions: → Kenya Building, Construction, Timber, Furniture and Allied Employees Union

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 36 %
Maximum days for paid sickness leave: → 90 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → 
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 13 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → Yes
Prohibition of discrimination related to maternity: → Yes
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → 
Workplace risk assessment on the safety and health of pregnant or nursing women: → 
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → 
Time off for prenatal medical examinations: → 
Prohibition of screening for pregnancy before regularising non-standard workers: → 
Prohibition of screening for pregnancy before promotion: → 
Facilities for nursing mothers: → No
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → No
Paid leave per year in case of caring for relatives: → 14 days
Paternity paid leave: → 14 days

EMPLOYMENT CONTRACTS

Trial period duration: → 14 days
Part-time workers excluded from any provision: → 
Provisions about temporary workers: → 
Apprentices excluded from any provision: → 
Minijobs/student jobs excluded from any provision: → 

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per day: → 8.0
Working hours per week: → 45.0
Working days per week: → 6.0
Paid annual leave: → 26.0 days
Paid annual leave: → 4.0 weeks
Paid bank holidays: → Easter Monday, Army Day / Feast of the Sacred Heart/ St. Peter & Paul’s Day (30th June), Chile Independence Day (18th September), Madaraka Day, National Women's Day (9th August)
Rest period of at least one day per week agreed: → Yes
Provisions on flexible work arrangements: → 

WAGES

Wages determined by means of pay scales: → No
Wages specified according to skill level: → 
Wages specified according to job title: → 
Adjustment for rising costs of living: → 

Wage increase

Wage increase: → 8.0 %

Premium for evening or night work

Premium for night work only: → Yes

Extra payment for annual leave

Premium for overtime work

Premium for overtime work: → 150 % of basic wage

Premium for Sunday work

Premium for Sunday work: → 100 %

Allowance for commuting work

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → 
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