1.PREAMBLE
The terms and conditions of employment set out in this agreement shall be observed by both parties and shall apply to all unionisable employees covered by the parties Recognition Agreement.
2.PROBATION PERIOD
The first three months of engagement shall be treated as probation. During this period services may be terminated by either party giving seven (7) days notice or pay in lieu of notice. After the probation period an employee shall be automatically confirmed to permanent.
3.PAYMENT OF WAGES
Employees shall be paid their wages on the last day of the month unless such a day falls on a Sunday or Public Holiday in which case wages shall be paid on the next working day.
4.WORKING HOURS
Working hours shall be 45 hours spread over six days of the week.
5.OVERTIME ALLOWANCE
Overtime shall be paid at the following rates for time worked in excess of the working hours:-
a) Normal overtime one and a half times the normal hourly rate
b) Double for hours worked on Sundays and Gazetted Public Holidays
6.MATERNITY LEAVE
Female employees shall be entitled to three (3) months maternity leave with full pay provided that a woman who has taken three months maternity leave shall not forfeit her annual leave in that year.
7.PATERNITY LEAVE
A male employee shall be entitled to fourteen (14) days paternity leave.
8.UNIFORM AND PROTECTIVE CLOTHING
Employees who are required by nature of their work to wear uniforms or protective clothing shall be issued with (2) pairs of such uniforms or protective clothing by the employer free of charge and shall be replaced after 12 months.
9.REDUNDANCY
The principal of last in first out shall apply taking into account also the following factors :-
(a) The employer shall decide on Education, performance, ability, reliability, competence and loyalty and the union will be informed.
(b) Employees to be declared redundant shall be given a notice as per the Clause of Termination of Service.
(c) Employees declared redundant shall be entitled 15 days for each completed year of service.
(d) Annual Leave or Prorate Leave and Leave Travelling Allowance shall be paid to the employees affected.
10.EMPLOYEES PAYSLIPS
All unionisable employees will be issued with payslips.
11.SUSPENSION
a. Employees who are suspended shall receive half of their wages during the period of suspension.
b. Such suspension shall not exceed a period of one month.
c. Employees who are found innocent after investigation are carried out shall be paid all the wage balances and continue with their work as normal.
12.GRATUITY
Employees who are terminated normally shall be paid service gratuity 15 days per each completed year of service.
13.RETIREMENT
a. An employee may retire on either attaining the retirement age of sixty (60) years or on medical grounds.
b. Retirement age shall be 60 years.
c. Retirement on medical grounds shall be certified by a qualified medical practitioner.
d. Employees who are retired on the above stated ground shall be entitled to retirement benefits as shown in Clause 12 (Clause on payment of service gratuity on retirement).
14.DEATH OF EMPLOYEE
In the event of an employee’s death, the employer shall give Kshs.10,000/= to the next of kin.
15.INJURY
The conditions set out in the Work Injury Benefit Act, 2007 shall apply.
16.CERTIFICATE OF SERVICE
This shall be issued as per the Employment Act, 2007.
17.ANNUAL LEAVE
Annual Leave will be taken on completion of 12 months continuous service it shall consist of 22 working days.
18.COMPASSIONATE LEAVE
An employee who desires to take leave on Compassionate grounds shall by prior arrangement with the employer be granted such leave upto seven (7) days with full pay. These days shall be off – set from his/her Annual Leave.
19.SAFARI ALLOWANCE
This is currently being taken care of by the employer.
20.WARNING SYSTEM
An employee whose work or conduct is unsatisfactory or who commits a misconduct which in the opinion of the employer doesn’t warrant instant dismissal shall be warned as per the Employment Act.
I. The first and second warnings’ shall be entered in the Employees employment record and the Shop steward of his Union shall be informed accordingly.
II. The second warning shall be copied to the Branch Secretary of his Union.
III. If an employee who has already received two warnings commits a third misconduct, he shall be liable to summary dismissal.
IV. Provided that where an employee has 12 months from the date of his first and second warnings without further misconduct any warning entered in his employment record shall be cancelled.
21.HOUSE ALLOWANCE
Employees who are not provided with free housing accommodation by the employer shall be paid Kshs.15% of the Basic Minimum Wage.
22.GENERAL WAGE INCREASE
Employees in service as at 1st September 2012 shall receive a wage increase of 11% in the first year and 11% second year.
23.LEAVE TRAVELLING ALLOWANCE
An employee shall be entitled to leave travelling allowance of Kshs.1000/= when proceeding on leave.
24.SICK LEAVE
Sick leave shall be practiced as stipulated in the Employment Act, 2007.
25.TERMINATION OF SERVICE
(i) Termination of service 15 days pay per each year completed.
(ii) Notice period – One month notice by either party.
26.BASIC MINIMUM WAGES (EXCLUSIVE OF HOUSING ALLOWANCE
General Labourer, Messenger, cleaners= Kshs.8,800.00
Junior Clerk= Kshs.12,000.00
Sales man= Kshs.17,000.00
Telephone Operator
Receptionist, Storekeeper, Drivers= Kshs.14,000.00
General Clerk= Kshs.15,000.00
Computer Operator, Technicians,
Shop Assistant= Kshs.12,000.00
27.EFFECTIVE DATE AND DURATION
This agreement shall be effective from 1st September 2012 and remain in force for a period of two years.
SIGNED BY:
FOR MANAGEMENT
........................................................
DAVINDER SINGH
ENSING AUTOS LTD
FOR THE UNION
...................................................
HENRY NYUMBA
FOR:- SECRETARY GENERAL
......................................................................................................
JACKSON M. KYUNUVEDAVID MACHARIA
BRANCH SECRETARYSHOPSTEWARD
L. W. KARIUKI
HEAD OF INDUSTRIAL RELATIONS SERVICES
FEDERATION OF KENYA EMPLOYERS
DATED THIS..................................DAY OF.............................2012