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COLLECTIVE BARGAIN AGREEMENT BETWEEN THE NAIROBI BUS AND COACH BODY BUILDERS GROUP OF FEDERATION OF KENYA EMPLOYERSAND KENYA LONG DISTANCE TRUCK DRIVERS AND ALLIED WORKERS' UNION

PREAMBLE:

PART 1

(A): BASIC MINIMUM WAGES EXCLUDING HOUSING ALLOWANCE

(To cover the duration of the Agreement)

(a) Basic with effect from 1.7.2013.

Groups............................................................Kshs.

1.(i) Unskilled labourers and Cleaners: 9,780.95/=

(ii) Office Messengers: 9,780.95/=

2. Watchmen

(i) Day Watchman: 9,780.95/=

(ii) Night Watchman: 10,911.70/=

3. Drivers

(i) Light Van Driver: 13,201.55/=

(ii) Medium Size Vehicle: 16,602.85/=

(iii) Heavy Commercial Vehicle: 22,070.95/=

4. Clerical Staff

(i) Clerk with CPE Certificate: 13,201.55/=

(ii) General Clerk with School Certificate: 15,064.65/=

(iii) Copy Typist: 13,201.55/=

(iv) Telephone operator: 15,064.65/=

5. Store Keepers

(i) Junior Clerk: 12,654.90/=

(ii) Store Keeper: 15,064.65/=

6. Artisans

(i) Artisans without Trade Test Certificate:13,201.55/=

(ii) Artisans with TTC Grade III: 16,602.85/=

(iii) Artisans with TTC Grade II: 17,932.15/=

(iv) Artisans with TTC Grade I: 22,070.95/=

7. Foreman

(i) Assistant Foreman: 23,311.26/=

(ii) Foreman: 25,857.72/=

B. HOUSING ALLOWANCE

An employee who is not provided with free accommodation by the employer will be paid a housing allowance of Ksh.3,850/ per month both years.

An employee who is already being paid an allowance which is more than the specified allowance for his/her category will not suffer any reduction. He/she will retain what he/she is earning.

PS : the grading of the employees shall be done solely by the employer and the union shall be informed.

C. WAGE INCREASE

Every employee will receive a general wage increase of 12% first year and 11% 2nd Year.

The above increase shall be on the current basic rate with effect from 1st July 2013 and 1st July 2014.

PART II. OTHER TERMS AND CONDITIONS OF SERVICE

1. PROBATIONARY PERIOD

(a) Unskilled labourers, office messengers and watchmen two months during which period employment may be terminable by either party by giving 7 days or pay in lieu.

(b) The rest of the employees after completing three months during which period employment may be terminated by either party by giving I month notice or pay in lieu.

2. HOURS OF WORK

(a) The normal working week for employees other than watchmen shall consist of 45 hours spread over not more than 6 days of the week.

(b) The normal working week for day watchmen shall consist of not more than 48 hours spread over not more than 6 days of 6 shifts of the week.

3. OVERTIME

Overtime shall be payable at the following rates:

(a) For hours worked in excess of the normal number of hours per week — times one and one half.

(b) For hours worked on Sundays or an employee's normal rest day and on gazetted public holidays — double time.

4. ANNUAL LEAVE

(a) After the completion of each period of twelve months continuous service with the employer an employee shall be entitled to annual leave covering a period of 26 days (exclusive of gazetted public holidays) with full pay.

(b) Two years annual leave entitlement may be accumulated by mutual agreement between the employer and an employee.

(i) In case the employer desires not to allow an employee to proceed on leave because of employer's own reasons, the employer shall pay to the employee an amount equivalent to his/her leave plus a Traveling Allowance.

(ii) Contrary to b (i), if it is the employee who desired to sell his/her annual leave days to the employer, such employee shall be paid for his/her days but without Traveling Allowance.

5. LEAVE TRAVELLING ALLOWANCE

(a) When proceeding on annual leave, an employee shall be entitled to Kshs. 3,850/= to be paid as leave Traveling Allowance.

6. SICK LEAVE

(a) After probationary period and subject to the production of a Medical Certificate of incapacity covering the period of sick leave claimed signed by a Medical Practitioner or a person acting on behalf of a dispensary or medical aid center, an employee shall be entitled to sick leave 55 days with full pay and thereafter to sick leave with half pay up to a maximum of 55 days.

(b) Those with HIV/AIDS will not be stigmatized or discriminated against by the employer as per the employment act 2007 and the union will be allowed to fix condom dispensers and bring counselors to counsel workers for the HIV awareness after consultation with the management.

An employee shall not be eligible to such leave in any incapacity due to gross misconduct.

7. COMPASSIONATE LEAVE

An employee desirous of taking leave on compassionate grounds shall, by prior arrangement with the employer, be granted such leave up to his earned leave entitlement under paragraph (4) of his agreement and the leave taken shall be subsequently set off against his annual leave.

(a) An employee may, in addition to leave provided for in sub-paragraph (i) of this paragraph, be granted seven days compassionate leave in any one year.

8. MATERNITY LEAVE

Maternity and Paternity leave will be as per the labour laws.

9. INJURY WHILE ON DUTY

In the case of injuries covered by the Workmen's Compensation Act, payment will be made in accordance with the law (Work Injury Benefit Act, 2007)

10. MEDICAL TREATMENT

The company agrees to pay the cost of medical treatment and medical expenses in accordance with the provisions laid down by the Laws of Kenya relative to Employment of Persons medical Treatment Rules. Payment of medical expenses will be made to all employees of the company, provided that such illnesses are those covered by the Act, and treatment carried out in a Government/Local Authority Hospital or Health Centre. This service will apply exclusively to out-patient.

11. PROVISION OF MILK

(a) Milk will be provided to spray painters, mig welders, panel beaters glue and fibre glass section employees. Such milk must be consumed in premises and not to be taken away.

(b) Painting shall not be done in an open area where other employees who are not concerned with painting are performing their duties, as doing so can always cause risks of bodily injury.

12. AGENCY FEE.

It was agreed that the management shall deduct agency fee from its employees. The union shall always notify the management of new membership.

13. UNIFORMS AND PROTECTIVE GEARS

(a) An employee who may be required to wear uniform due to the nature of his work shall be provided with two uniforms per annum provided that the two old uniforms are returned for inspection before new uniforms are issued.

(b) An employee provided with uniforms shall be provided with one bar of quality soap every month.

(c) Gloves will be issued to welders and tinsmiths. Proper spray painting mask will be issued to spray painters.

(d) Industrial boots to be issued to all workshop staff - annually.

14. CASUAL LABOUR

(a) The Company has the right to engage casual labour on day-to-day basis. Such casual labour may be engaged for a maximum period of not more than three consecutive months only.

(b) Should casual labour be engaged for a period exceeding three (3) consecutive months, such casual labour shall be absorbed into .permanent terms of employment in the Company.

(c) They shall be paid a house allowance of 15% of their basic pay for the first three months and thereafter a consolidated salary. To arrive at their daily rate, it will be basic minimum wage plus house allowance divided by 26 days.

15. TERMINATION OF EMPLOYMENT

After completion of the probationary period, and in the normal circumstances employment can be terminated by either party serving the other with notice or

pay in lieu as below stated depending on the year of service;

(a) 1-5 yearsone month notice.

(b) 5-10 yearsTwo months notice.

(c) Over 10 years Three months notice

16. REDUNDANCY

(a) In the event of redundancy, the employer concerned shall inform the Union of the reasons for and the extent of the intended redundancy.

(b) The principle of 'LAST IN, FIRST OUT' shall be followed in the particular category of employees affected, subject to all other factors such as skills, merit, ability and reliability being equal.

(c) The redundant employee shall be entitled to one month's notice appropriately or pay in lieu of notice.

(d) In the case where the service of an employee is terminated on grounds of redundancy, the employer shall pay the employee severance pay at the rate of 16 days pay for each completed year of service (as per sec.40 (g) of employment Act 2007.

17. SUMMARY DISMISSAL

Any of the following matters may amount to gross misconduct so as to justify the summary dismissal of an employee for lawful cause, but the enumerations of such matters shall not preclude an employer or an employee from respectively alleging or disputing whether the facts giving rise to the same, or whether any other matters not mentioned in this section constitute justifiable or lawful grounds for such dismissal:

(a) If, without leave or other lawful cause, an employee absents himself from the place proper and appointed for the performance of his work;

(b) If, during working hours, by becoming or being intoxicated, an employee renders himself unwilling or incapable of properly performing his work;

(c) If an employee willfully neglects to perform any work which it was his duty to have performed, or if he carelessly and improperly performs any work which from its nature it was his duty, under his contract to have performed carefully and properly;

(d) If an employee uses abusive or insulting language, or behaves in a manner insulting to his employer or to any person placed in authority over him by his employer;

(e) If an employee knowingly fails or refuses to obey any lawful and proper command which it was within the scope of his duty to obey, issued by his employer or any person placed in authority over him by his employer;

(f) If in the lawful exercise of any power of arrest given by or under any written law, an employee is arrested for a cognizable offence punishable by imprisonment and is not within fourteen days either released on bail or bond or otherwise lawfully set at liberty.

(g) If an employee commits, or on reasonable and sufficient grounds, is suspected of having committed any criminal offence against or to the substantial detriment of his employer or his employer's property.

18. DEATH OF AN EMPLOYEE

(a) When the death of an employee, from any cause whatsoever, is brought to the notice or comes to the knowledge of his employer, the employer shall, as soon as is practicable therefore, give notice thereof in the prescribed form to the Labour Officer or to the District Commissioner of the district in which the employer is employed.

(b) The employer shall pay to the next of kin as the case may be all the wages due to the employee or the employee's properties.

(c) Should any employee, during the course of his employment, be killed or incapacitated by injury for a period exceeding three days, his employer shall, as soon as practicable, send to the Labour Officer a report in the prescribed form.

(d) The employer will provide Kshs. 40,000/= when an employee dies to cater for the burial expenses.

(e) The parties agreed that the Management shall contribute Kshs 15,000 when the first wife of an employee dies.

19. CERTIFICATE OF SERVICE

(i) Every employee shall be given a certificate of service by his employer upon the termination of his employment, unless such employment has continued for a period of less than four consecutive weeks, and every such certificate shall contain:

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

(b) the name of the employee

(c) the date when employment commenced

(d) the nature and usual place of employment

(e) the date when the employment ceased; and

(f) Such other particulars as may be prescribed.

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

(iii) An employer who willfully or by neglect fails to give an employee a certificate of service in accordance with sub-section (i) of this section, or who in a certificate of service includes a statement which he knows to be false, commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding six months or to both.

20. WARNING SYSTEM

An employee whose work or conduct is unsatisfactory or who commits an offence which in the opinion of the company does not warrant instant dismissal shall be warned in writing.

The following procedure shall be followed:

(a) The 1st and 2nd warnings shall be recorded on his/her employment record card.

(b) If an employee with two warnings recorded commits a third offence within 12 months from the date of the last warning, he/she will be liable to termination from the employment.

(c) If an employee completes 12 months from the date of the last warning without further offence any warnings recorded on his/her card will be cancelled.

(d) All warnings, termination and dismissal letters will be copied to the Union's Branch Secretary and the Shop-stewards.

21. ACTING ALLOWANCE

Where an employee is required to work for a period of not less than 20 working days in an occupation or grade for which the basic minimum wages prescribed under Part 1 of the Agreement is higher than the basic wage normally earned by the employee, he shall be paid acting allowance at a rate not less than the difference between such higher basic minimum consolidated wage.

22. SAFARI ALLOWANCE

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

Breakfast: Kshs.270/=

Lunch: Kshs.330/=

Supper: Kshs.380.00/=

Night stop Accommodation: Kshs.1,000.00/=

In case an employee has to work outside the country, the above rates are subject to change and shall be done fairly by the employer.

23. MID MONTH ADVANCE

Every employer will pay mid-month wages advances to his employees at a minimum of the ½ employee’s basic pay.

24. SHOP STEWARDS' RIGHTS AND SAFEGUARD

The Company shall give shop-stewards/workers time off with full pay to attend trade union meetings, courses and seminars organized by KLDTD & AWU provided that the Union shall give a prior notice of 7 days to the Company. The management should appreciate the services rendered by a shop steward in industrial disputes and they should not be victimized in their line of duty.

25. RETIREMENT AGE

Retirement age will be 55 years for male employees and 50 years for female employees. However, early or late retirement may be taken by mutual agreement between the employer and employee.

26. PROMOTION

Where vacancies arise within Company, the Company shall give first consideration to promoting existing employees taking into account such consideration as relative ability, loyalty, experience, qualifications and length of service.

27. ANNUAL BONUS

Subject to the Company making profits, annual bonus to the employees shall be paid at the discretion of the Company.

28. PRODUCTION

It was agreed that each body builder should follow its own incentives scheme to enhance production.

29. SUSPENSION

If any employee is suspended by the Company for cognizable offence, if he/she is found guilty, there shall be no pay. If on the other hand he/she is found not guilty he/she shall be paid his/her full salary for the period he/she was on suspension.

30. LETTER OF APPOINTMENT

On engagement, every employee shall be issued with a letter of appointment by the company. Such letter shall be in duplicate and signed by the employee concerned. The company shall retain a copy for their records and the original shall be retained by the employee. on appointment the employee shall disclose all grades failing which future claims shall not be allowed.

31. NIGHT MEAL ALLOWANCE.

Where an employee works during the night, the employer will cater for adequate meals (dinner and breakfast) amounting to Kshs..170/=for both years.

32. LOCKING EMPLOYEES IN THE WORKSHOP AT NIGHT.

No employee should be locked in the workshop without a proper known exit or entrance for the safety of the employees. There should be a supervisor on duty to oversee the wellbeing of the employees at any given time.

33. HEALTH AND SAFETY COMMITTEE.

Health and safety committee will be established at the workplace and should have an equal representation the workers and management.

34. SACCO WELFARE

It was agreed that a welfare society to be put in place so as to assist the members in accessing loan facilities. Companies that had not started one should do so.

35. COMPANY POLICY

Member companies of NCBA may wish to have a defined and formal company policy that they will form of the CBA provided that it is accepted by the union by endorsing.

36. DURATION AND EFFECTIVE DATE

The agreement shall be effective from 1st July, 2013 and shall remain in force for a period of two years. Before the expiry date the party wishing to amend the agreement shall give 3 months notice of his/her intensions to do so.

SIGNED: FOR AND ON BEHALF THE GROUP

…………………………………

PAL CHODA

CHAIRMAN OF THE GROUP

………………………………….

D.S VIRDEE

SECRETARY OF THE GROUP

SIGNED: FOR AND ON BEHALF OF THE UNION

...………………………………………………………………………………

NICHOLAS MBUGUASAMWEL GITHIRE

SECRETARY GENERAL ORGANIZING SECRETARY

…………………………………………………………………….

SHOPSTEWARD SHOPSTEWARD

FOR AND ON BEHALF OF FEDERATION OF KENYA EMPLOYERS

…………………………………………….

L.W. KARIUKI

HEAD INDUSTRIAL RELATIONS SERVICES

FEDERATION OF KENYA EMPLOPYERS

DATED: This Day……………………… month of…………….2013.

The Nairobi Bus and Coach Body Builders Group of Federation of Kenya Employers - 2013

Start date: → 2013-07-01
End date: → 2015-06-30
Name industry: → Transport, logistics, communication
Name industry: → Urban and suburban passenger land transport
Public/private sector: → In the private sector
Concluded by:
Names associations: → The Nairobi Bus and Coach Body Builders Group of Federation of Kenya Employers
Names trade unions: → Transport and Allied Workers Union

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 46 %
Maximum days for paid sickness leave: → 110 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
Job security after maternity leave: → No
Prohibition of discrimination related to maternity: → No
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → 
Workplace risk assessment on the safety and health of pregnant or nursing women: → 
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → 
Time off for prenatal medical examinations: → 
Prohibition of screening for pregnancy before regularising non-standard workers: → 
Prohibition of screening for pregnancy before promotion: → 
Facilities for nursing mothers: → No
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → No
Paternity paid leave: → 14 days

EMPLOYMENT CONTRACTS

Trial period duration: → 90 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: → 4.5 weeks
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
Provision that minimum wages set by the government have to be respected: → 
Adjustment for rising costs of living: → 0

Wage increase

Wage increase: → 12.0 %
Wage increase starts: → 2013-07

Once only extra payment

Once only extra payment due to company performance: → No

Extra payment for annual leave

Extra payment for annual leave: → KES 3850.0

Premium for overtime work

Premium for overtime work: → 150 % of basic wage

Premium for Sunday work

Premium for Sunday work: → 200 %

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → 
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