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COLLECTIVE BARGAINING AGREEMENT BETWEEN SKY HEALTHCARE LIMITED AND KENYA UNION OF COMMERCIAL, FOOD AND ALLIED WORKERS

1. PREAMBLE

The Parties to this Agreement, meeting together in free and voluntary association, here determined to regulate relations between them in the interest of promotion of Sound Industrial Relations, the Economic well being of the Company and its workers and Management. In order to achieve these objectives they have agreed to enter into the foregoing agreement to enter into the foregoing agreement freely and voluntarily negotiated between them at the Joint Negotiating Committee. The terms and conditions of Employment set out in the Agreement shall be observed by both parties and shall apply to all unionisable employees of the company.

2. INTRODUCTION

a) The Memorandum of Agreement shall supersede all existing terms and conditions and shall apply to all Permanent Employees covered by this Agreement throughout Kenya for all unionisable employees provided that where work of special or unusual character is required from an employee other than those defined, any other terms and conditions maybe fixed by special agreement between the Union and The Company.

b) On engagement, a regular employee shall be given a copy of this Agreement and will be required to sign a Certificate accepting its conditions. The distribution of the copies of the CBA to Employees shall be undertaken by the shop stewards.

3. PROBATION

a) Where an Employee is recruited in Employment he or she will be required to serve a probationary period of three months and the probationary period may be extended for a further three months if not satisfactory.

b) During probationary period, either party may terminate the contract by giving 7 days written notice or payment in lieu of Notice.

c) Both appointments, on probation and subsequent confirmation shall be in writing.

4. WORKING HOURS

a) The Normal working hours shall be 45 Hours spread over 6 days of the week. The Management will where possible and practicable considering the work requirements make arrangements for the forty five hours to be covered between Monday and Saturday.

b) The times of beginning and ending of work shall be those stated on the official notice Board at the place of work.

c) The hours of work may be varied according to the department’s requirements such as shift work, always provided that the normal working hours (45) are not exceeded.

5. PUNCTUALITY

a) Each employee shall be at his/her place of work promptly at his normal starting time.

b) An employee shall not normally absent himself or herself from his/her place of work during working hours without permission from those placed in authority over him/her.

c) All delivery staff including drivers, motor bike rider and bicycle riders will clock in and out both morning and afternoon. However, late deliveries will be authorised by the Dispatch Manager and the delivery staff shall ensure that the clients stamp and write the date and time the delivery was made to determine payments of overtime.

6. OVERTIME PAYMENTS

a) The Employer has the right to require an employee to work for more than the (45) normal working hours, provided the employee wishing to be excused from working the additional hours shall receive full consideration on production of the reasons acceptable to the employer.

b) For authorised overtime worked the employee shall be paid at the following rates:

i. For time worked in excess of the normal working hours per week one and half times the normal hourly rate.

ii. For time worked on rest days and public holidays at twice the normal hourly rate or double rate.

Formula for calculating overtime is:-

[Monthly Basic Rate x Overtime worked x (1.5 or 2)]: (divided by) 195 Hours

7. SAFARI ALLOWANCE

An Employee on duty away from his/her normal place of works shall be paid Safari Allowance as follows:-

Breakfast-Kshs.200/=

Lunch-Kshs.300/=

Diner-Kshs.350/=

Accommodation-Kshs.1500/=

Where arrangements have been made to provide meals and accommodation to an Employee no meals and accommodation allowances shall be paid.

8. SICK LEAVE

An employee shall be entitled to sick leave of 30 days with full pay and thereafter to sick leave of 30 days with half pay in a year on production of a medical certificate of incapacity to work signed by a duly qualified medical practitioner or a person acting on the practioners behalf in charge of a dispensary or medical aid center.

9. INJURY

All cases of injuries sustained while on normal duties, the requirements of the Work Injury Benefits Act – 2007 will prevail.

10. MATERNITY LEAVE

A female Employee shall be entitled to three months maternity leave with full pay and she shall not forfeit her annual leave for the year.

11. PATERNITY LEAVE

A male employee shall be entitled to two weeks Paternity Leave with full pay on production of satisfactory proof of Paternity which should include the notification of birth from the Hospital or a birth certificate and will be limited to one spouse.

12. ANNUAL LEAVE

On completion of twelve months continuous service, employees shall be entitled to twenty four (24) working days leave with full pay. The employees shall apply for the leave in writing and shall be approved subject to the company’s operating conditions.

13. LEAVE TRAVELLING ALLOWANCE

An employee proceeding on annual leave shall be entitled Leave Travelling Allowance of Kshs.1900/= once per year.

14. COMPASSIONATE LEAVE

An employee desiring to take leave on compassionate grounds he/she shall be granted 10 days compassionate leave in a year to be recovered from the Employees Annual Leave.

15. GAZETTED PUBLIC HOLIDAYS

When Gazetted Public Holidays occur during the period when an employee is way on annual leave, the day shall be in addition to the number of leave days taken.

16. TRANSFER / DISTURBANCE ALLOWANCE

When an Employee is permanently transferred from one centre to another geographical location outside the radius of 100 kms. for the continuance of his/her employment, he shall be paid disturbance / transfer allowance of Kshs.8500/=.

17. ACTING ALLOWANCE

Where an employee is required to act for a period of not less than 15 days in a grade for which the Basic Minimum wages provided within the CBA is higher than his normal Basic wage he shall be paid an acting allowance at the rate not less than the differences between that higher Basic Minimum and his/her basic wage.

18. PROMOTION

Where a vacancy of promotional nature arises, the Management shall first consider the existing employees within the department or the group in which the vacancy has arisen taking into consideration the qualifications, ability, reliability, merit, experience and length of service. On Promotion the employee will be paid the basic salary of the Higher grade and if his salary is above the higher grade then he will be paid 10% of his basic salary on promotion where the existing employees do not meet the qualifications required the Management will recruit from the open market.

19. UNIFORMS

a) Where the company requires uniforms to be provided it shall be a condition of Employment that such uniforms must always be worn during working hours. The company will issue a bar of soap to an employee on monthly basis for cleaning purposes. It will be the responsibility of Individual Employees to ensure that the uniform is always kept clean and pressed.

b) All employees by nature of work will be required to wear uniforms or protective clothing.

c) Uniforms issued to the Employees remain the property of the company and no new issue of uniforms will be made until the previous issues are returned, old uniforms with company logos must be returned and will not be the property of the employee.

d) Riders will be issued with one pair of rider boots as part of the uniforms.

e) Employees will be issued with two pairs of uniform per year except for rider boots which will be provided to the riders only.

f) On leaving employment the employee shall return the uniforms issued to him.

20. WARNING SYSTEM

An employee whose work or conduct is unsatisfactory or who otherwise commits an offence, which in the opinion of the employer does not warrant instant dismissal, shall be warned in writing. The following procedure shall be followed:-

a) The first and second warning letters shall be recorded in the Employee’s record and the shop steward of his union to be informed.

b) If an Employee with three warnings recorded on his/her record commits a fourth offence, he or she shall be liable to summary dismissal.

c) The third warning will be copied to the Secretary General of the Union.

d) If an Employee completes 365 days from the date of the last warning letter without further fault, any warning recorded on his/her record will be cancelled.

21. SUSPENSION

a) Where an Employee is suspended of having committed an offence he shall be suspended pending full investigation. The Investigation shall be carried out by the company and the employee’s statement shall be recorded in the presence of the shop steward.

b) If it is proved that the Employee has committed an offence contrary to the provisions of this Agreement he/she will be dismissed or terminated as from the date of suspension.

c) If the offence is not proved the employee shall be re-instated in his position with full salary and benefits.

d) Suspension shall be without Pay and shall not exceed 30 consecutive days except where the investigation is being carried out by the police.

e) If the Management is satisfied that misconduct has been committed, it can take appropriate administrative action on the employee.

22. TERMINATION OF EMPLOYMENT

Either party may terminate employment contract by giving one months notice in writing or pay in lieu of notice.

23. SUMMARY DISMISSAL

In cases of dismissal section 44 of Employment Act of 2007 shall apply.

24. RETIREMENT

a) The Normal Retirement age shall be 60 years.

b) Where an Employee has been declare medically unfit to perform his/her regular duties by a qualified medical practioner, the company may retire such employee on medical grounds.

25. REDUNDANCY

Where employment of an employee is to be terminated on account of redundancy the following principles shall apply:-

a) The Union to which the employee is a member and the labour officer of the area shall be notified in writing of the reasons for and the extent of the intended redundancy.

b) The Management shall have due regard to seniority in time and to the skill, ability and reliability of each employee belonging to the particular category of employees affected by the redundancy, but generally to the discussion and agreement between the union and the management.

c) No employee shall be placed at a disadvantage for being or not being a member of a trade union.

d) Any leave due to an employee who is declared redundant shall be paid in cash.

e) A redundant employee shall be entitled to one month’s notice in writing or one month’s salary in lieu of notice.

f) An employee declared redundant shall be entitled to severance pay of 15 days per each completed year of service.

26. DEATH OF AN EMPLOYEE

a) When an employee dies while in the service of the company, the employer shall contribute Kshs.18,000/= towards funeral expenses.

b) Where the death of an employee is brought to the attention of the employer, the employer shall as soon as practicable notify the labour officer of the area.

27. MEDICAL ALLOWANCE

Every employee shall be entitled to an annual medical cover for self as per the company’s medical scheme. The conditions and the limits to the service provider shall prevail at all times.

28. COMMUTER ALLOWANCE

All employees shall be entitled to payment of commuter. Allowance of Kshs.1400/= per month.

29. GENERAL WAGE INCREASE

All unionisable employees who were in employment of the company by 1st January 2014 shall receive a wage increase of 8% for the 1st year and a further 9% for the 2nd year with effect from 1st January 2015.

30. HOUSE ALLOWANCE

Every employee shall be entitled to Housing Allowance of Kshs.2000/= per month or 15% of the basic salary whichever is higher.

31. MINIMUM WAGES EXCLUSIVE OF HOUSING ALLOWANCE

The minimum wages in this Collective bargaining Agreement shall always be Kshs. 200/= above the Government Minimum Wages.

NO. GRADE SALARY

1. Sweepers, Cleaners, General Labourers, Office and Delivery MessengersKshs.9,981/=

2. Junior Clerk, Self AttendantKshs.12,855/=

3. Copy Typist, Driver (Cars, Light Vans), Motor RidersKshs.13,402/=

4. General Clerks, Telephone Operator,Receptiosnist, Store Keeper.Kshs.15,265/=

5. Drivers (Medium Sized Vehicles)Kshs.16,803/=

6. Salesman - TelesalesKshs.18,530/=

32. EFFECTIVE DATE & DURATION

This Collective Bargaining Agreement shall be effective from 1st January 2014 and shall remain in force for 2 years.

SIGNED:FOR AND ON BEHALF OF SKY HEALTHCARE LIMITED

________________________________________

RAJESH MAINIDIPAK H SACHANIA

DIRECTORMANAGER

SIGNED:FOR AND ON BEHALF OF KUCFAW UNION

______________________________________________________

CHARLES EGESAALICE MUKHAVITIMOTHY W KILOMO

FOR SECRETARY GENERALSECRETARY WORKS SHOPSTEWARD

COMMITTEE

IN THE PRESENCE OF:

_____________________

MR.G.R. AMBUCHE (FKE)

DATED THIS DAY ............................ MONTH ......................... 2014

Sky Healthcare Limited - 2014

Start date: → 2014-01-01
End date: → 2015-12-31
Name industry: → Healthcare, caring services, social work
Public/private sector: → In the private sector
Concluded by:
Name company: → Sky Healthcare Limited
Names trade unions: → Kenya Union of Commercial Food and Allied Workers

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 25 %
Maximum days for paid sickness leave: → 60 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: → No
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: → 10 days
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 week: → 45.0
Working days per week: → 6.0
Paid annual leave: → 24.0 days
Paid annual leave: → 4.0 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: → 

Wage increase

Wage increase: → 9.0 %
Wage increase starts: → 2015-01

Extra payment for annual leave

Extra payment for annual leave: → KES 1900.0

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

Allowance for commuting work: → KES 1400.0 per month

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → 
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