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COLLECTIVE AGREEMENT BETWEEN TAZAMA PIPELINES LIMITED AND THE COMMUNICATIONS & TRANSPORT WORKER’S UNION OF TANZANIA (COTWU(T)) AND THE NATIONAL UNION OF TRANSPORT & ALLIED WORKER (NUTAW) OF ZAMBIA

1.0.0 PREAMBULE

1.1.0 This Collective Agreement is made on this 29™ DAY OF JANUARY YEAR TWO THOUSAND AND THIRTEEN, between TAZAMA PIPELINES LIMITED (hereinafter referred to as the "EMPLOYER", forming the first part to the Agreement and the COMMUNICATION AND TRANSPORT WORKERS' UNION OF TANZANIA (COTWU (T))/ NATIONAL UNION OF TRANSPORT AND ALLIED WORKERS OF ZAMBIA (NUTAW) (hereinafter referred to as the "UNIONS"), forming the second part to the Agreement.

1.2.0 The Agreement embraces: "Negotiations and Consultations" on the rules and procedures through which negotiations and consultations shall be conducted; Salaries and Wages; other Terms and Conditions of employment in respect of all Union Members within the services of the employer in either Country.

1.3.0 In this Agreement however, where any word or phrase or clause contravenes the provisions or requirements of any of the existing Labour Laws or Regulations or Orders of either country or offers relatively inferior treatment or terms to those provided for, then the orders or regulations shall apply.

1.4.0 Changes in Labour Legislation

1.4.1 In the event of any change, directive, new law etc., then the company and the Unions shall agree to meet as soon as possible, to change, amend or remove that part of the agreement which is in conflict with the respective Labour Legislation. It is agreed that such changes or amendments shall be merely to render the Agreement legally acceptable.

1.5.0 The new conditions of service have been tailored to embrace and suit all Unionisable employees in both countries with regard to their functions and responsibilities.

2.0.0 DEFINITIONS

In this Agreement, unless the context otherwise requires:

2.1.0 "Employer/Company - Shall mean Tazama Pipelines Limited.

2.2.0 "Unions"- Shall mean the Communications and Transport Workers Union of Tanzania (COTWU (T)) and National Union of Transport and Allied Workers (NUTAW) of Zambia.

2.3.0 "Countries /- Shall mean the sovereign states Regions" geographically known as the United Republic of Tanzania and the Republic of Zambia.

2.4.0 "Managing Director" Shall mean the Managing Director of Tazama Pipelines Limited and shall include the term "Chief Executive" of the company.

2.5.0 "Management"- Shall mean the Managing Director of Tazama Pipelines Limited or any other officer or officers within the company duly authorized and or delegated by him to act or carry out managerial functions on his behalf.

2.6.0 "General Secretary" - Shall mean the General Secretary of the Communications and Transport Workers Union of Tanzania (COTWU (T)) or National Union of Transport and Allied Workers (NUTAW) of Zambia or any other officer or officers duly authorized and delegated by him to act or carry out official functions on his behalf.

2.7.0"Union Representative"'- Shall mean the General Secretary of the Communications and Transport Workers Union of Tanzania (COTWU (T)) or National Union of Transport and Allied Workers (NUTAW) of Zambia or any other officer or officers duly authorized by him to act or carry out union functions on his behalf.

2.8.0 "Employee"- Shall mean any person or persons employed by Tazama Pipelines Limited under any terms of service or "worker" as defined under the Labour Laws and/or Regulations of either country.

2.9.0 "Union Member" - Shall meah any employee of the company who is a member of the Union and as defined by the Laws of either country.

2.10.0 "Commissioner"Shall mean the Labour Commissioner, now under the Ministry of Labour and Employment as defined by the Laws of Tanzania or shall mean the Labour Commissioner as defined under the Industrial and Labour Relations Act of the Laws of Zambia.

2.11.0 "Employment and Labour Relations - Shall mean the Employment and LabourRelations Act No. 6 of 2004 of as Act" amended from time to time and as defined under the Labour Laws of Tanzania.

2.12.0 "Industrial and Labour Relations- Shall mean the Industrial and Labour Relations Act as defined under the Labour Act" Laws of Zambia.

2.13.0 ”High Court of Tanzania, Labour Division - Shall mean the High Court of Tanzania, Labour established under the Division" provisions of Act No. 7 of 2004 as amended from time to time and as defined by laws of Tanzania.

2.14.0 Industrial Relation - shall mean the Court as established under Court the Industrial and Labour Relations Act of the Laws of Zambia.

2.15.0 "Commission for Mediation and Arbitration/Conciliation Board"- Shall mean the Commission of Mediation and Arbitration as defined under the provision of the Employment and Labour Relations Act No. 6 of 2004 of Tanzania or shall mean the Conciliation Board under Industrial and Labour Relations Act of the Laws of Zambia.

2.16.0 "Council / Bargaining Unit"- Shall mean the Management/Union Joint Industrial Council within TAZAMA Pipelines Limited, through which the Management and the Unions meet to negotiate for the Terms and Conditions of Service.

2.17.0 "Salaries"- Shall mean basic salary.

2.18.0 "Other Terms and Conditions of Service"- Shall mean work rules and/or regulations,hours and places of work, leave, overtime rates leave passages, travel concessions, meals and other catering concessions, pensions and other related retirement emoluments that may be agreed upon between the parties from time to time and/or regulations relevant to these facilities in the country.

2.19.0 "Collective Agreement"- Shall mean the consolidated ARTICLE or DOCUMENT embracing all items on which the Management and the Unions have reached an understanding voluntarily through negotiations or any other agreement reached by the parties through similar means.

2.20.0 "Grievance"- Shall mean a complaint or complaints and/or a feeling or feelings of dissatisfaction by either an employee(s) or the employer, against any action or treatment or occurrence considered unfair by the party complaining.

2.21.0 "Grievance SettlementProcedures"- Shall mean any procedure or procedures laid down by the parties to cater for the settlement of grievances or settlement of

disputes and as defined under the provisions of the laws of either country.

2.22.0 "Trade Dispute"Shall mean any dispute or differences or disagreement or misunderstanding between an employee or employees and employer or among employees on salaries or wages or other terms and conditions of employment as defined under the laws of either country.

2.23.0 "Strike / Go Slow" - Shall mean cessation of work performance by a body or group of persons employed to carry out that function, acting in combination or concerted refusal or a refusal under a common understanding of any number of persons employed or a concerted interruption of work performance on a go slow basis by a number of employees done as a means of compelling their employer or any person or body of persons employing them to accept or not to accept terms or conditions affecting employment or as defined by the laws of either country.

2.24.0 "Appendix"- Shall mean an attachment or addendum to this Agreement and shall be read as part of the Collective Agreement.

2.25.0 "Male Gender"- The use of Male Gender shall include or apply to both male and female genders, unless specifically applied.

2.26.0 "Redundancy"- Shall mean retrenchment or reduction of manpower, arising from compulsory re¬organization of employees' established strength or department, or section or unit of operation, owing to economic circumstances beyond control as defined under relevant articles of the Labour Laws of either country.

2.27.0 "Dependant"- Shall mean any child of an employee (biological or legally adopted) up to the age of 23-

3.0.0 RECRUITMENT/APPOINTMENT AND METHOD

3.1.0 A person shall take up employment/be recruited by the Employer on a specified written and mutually agreed service contract.

3.2.0 In order to avoid discontent by either party any time during or after the contract, each contract of service shall, specify the salary and other terms and conditions attached and that, all this information shall be briefly made out in writing.

3.3.0 Generally, there shall be two types of employment contracts as indicated below:

3.3.1 Special Contract of Service

This is whereby the appointment or engagement period shall be specified, with a provision for renewal (if any). This type of contract shall have no regard to an age limit, provided always that the person taking up the employment is not below the age required by the laws of either country.

3.3.2 Permanent and Pensionable Contract of Service

This is whereby an employee takes employment on permanent and pensionable terms. This is the type of employment which compels a person to work up to a certain age specified by the Laws of either country with qualification or end of service benefits also attached to a certain number of years of service in the employment of the employer.

These benefits are spelt out in:

(a) Redundancy

(b) Normal Retirement

(c) Early/Voluntary Retirement

(d) Medical Retirement

(e) Pension Contributions

(f) Accrued Leave Days Benefits

3.4.0 Probationary Period

Save where the contract of service is special, an employee taking up employment for the first time shall undergo a three-month probationary

period from the first day of his employment before he is confirmed.

Confirmation shall be in writing. However, where the employee does not measure to the standard during the probation period and that the employer requires more time to examine him (employee), the employer may extend the probation period by not more than three months and that such action shall be in writing.

3.5.0 Recruitment/Employment Policy

It shall be the policy of the company to give priority to indigenous Tanzanians/Zambians. However, where an indigenous Tanzanian/Zambian is not available to fill a particular position, then a non-Tanzanian/non-Zambian may be taken for the job.

3.6.0 Notification to the Union

In order to make the Union aware of new appointments, the Employer shall notify the Branch Office of this step in writing.

3.7.0 Job Description

In all cases all persons employed by the company shall be provided with a job description.

4.0.0 EMPLOYEE/EMPLOYER OBLIGATIONS

4.1. For the purpose of good employee/employer relations and the fulfillment of legal requirements, both parties are expected to adhere strictly to their obligations.

4.2. The main obligation by either part in relation to paragraph 4.1.0 above are total adherence to:

4.2.1 The requirements and/or provisions of the Labour Laws or Rules or Regulations of either Country.

4.2.2 The requirements and/or provisions of the Collective Agreement and any other matter mutually agreed between the parties.

4.2.3 The requirements of any company written rules or regulations known to the Union by providing a bound copy of the Collective Agreement to every Unionized employee.

4.2.4 Both sides shall strictly adhere to the provisions of the Labour Laws of either country.

5.0.0 OTHER CONDITIONS OF EMPLOYMENT

5.1.0 Apart from the conditions stated above under the Recruitment and Promotion, there are others within a person's employment, which must be followed to ensure continued employment. These are:

5.2.0 Working Hours

5.2.1 The normal working hours shall consist of 40 hours per week for non-shift workers and 48 hours for shift workers, spread over a period of 5 to 6 days respectively.

5.2.2 The company shall inform all workers the starting and finishing times of work by means of notices exhibited at places of work.

5.3.0 Call Outs

5.3.1 This is a situation whereby an employee is requested by the company to report for work outside normal working hours.

5.3.2 All Call-Outs will be communicated to employees in writing by use of "Call-Out" Forms.

5.3.3 An employee who is required to perform duties outside his normal working hours shall be paid overtime as stipulated in clause 6.4.0 in this Agreement.

5.4.0 Staff or Service Regulations

5.4.1 There are written rules which stipulate almost all that is required of an employee as guidance.

5.4.2 The rules shall be made known to all workers so as to make them aware of what is required of them in their employment.

5.5.0 Transfers

5.5.1 TAZAMA PIPELINES LIMITED has more than one station or area of operation and as such some employees may be moved from one area to another.-

5.5.2 Whereas movement of this nature is the discretion of the Management this shall be done on strict adherence to the Regulations of either country where transfers of the Chairman and Secretary of the Union field branches are involved.

5.5.3 In all cases, any move to transfer an employee to another station shall be communicated to the Union's Branch Office so that it is made aware of it and adjusts its records for Union membership purposes.

6.0.0 EMPLOYMENT/REMUNERATIONS

6.1. While in the service of the company, an employee, depending on the type of contract of service, shall qualify for the employment remunerations stated hereunder, the specified amounts or figures of which are revisable from time to time through, mutual agreements.

6.2. Salary structure

The salary structure is attached as Appendix "A".

6.3. Payment of Salaries

6.3.1 Salaries shall be paid on the 24th day of each month or a day earlier where 24th falls on a Saturday, Sunday or Public holiday.

6.3.2 Mid-month Pav

All unionised employees will be entitled to Mid-month pay.

6.4. Overtime Payment

This is compensation to workers for work done beyond normal working hours and is computed as follows: -

6.4.1 Normal Overtime

All extra hours worked during normal days shall be paid at time andhalf, i.e. normal rate plus 50%.

6.4.2 Double Overtime

All hours worked on a Public Holiday, Saturday, Sunday (for non¬shift workers) or employee's normal day of rest shall be paid at double the normal rate, i.e. normal rate plus 100%.

6.5. Transfers

6.5.1 An employee on permanent transfer to a new work station shall be paid a Disturbance Allowance of 2 months basic salary with tax borne by the company.

6.5.2 An employee who is temporarily transferred from his permanent base shall be paid full Out of Pocket Allowance of US $12.00 in addition to food and accommodation.

6.5.3 In both cases above, the company shall provide transport facility to the employee.

6.5.4 Settling-In Allowance

On completion of the 3 months probation period a new employee shall be paid US $225.00 as Settling-In Allowance to be taxed in the hands of the employee.

6.6. Acting Allowance

6.6.1 An employee who is required to temporarily perform a job in a higher grade for a minimum of 14 days within one calendar month shall receive 50% of his basic monthly basic salary for the period thereof. The employee shall be communicated to in writing prior to taking up the position by management.

6.7. Responsibility Allowance

6.7.1 Where an employee is required to temporarily perform a job for a minimum of 10 days within one calendar month which increases the workload, the employee shall receive responsibility allowance equal to 30% of the monthly basic salary. This shall be communicated to in writing by management in advance. ,

6.8. Provision of Transport

6.8.1 The company shall provide transport for employees to and from work from all parts of town at designated points. However, where there is a breakdown the company shall refund the bus fare incurred by the employee.

6.8.2 Where it is known in advance that transport will not be available, the company shall pay the bus fare in advance

6.9. Subsistence Allowance

6.9.1 An employee travelling on duty to up-country stations shall receive US $12.00 per night with full board and lodge.

6.9.2 An employee travelling on official business from up-country stations to Dar-Es-Salaam/Ndola shall be paid Own Arrangement.

6.9.3 Travel Advance

An employee on duty to towns other than company established stations shall be given imprest to be accounted for.

6.9.4 Own Arrangement (Local)

This is whereby an employee prior to travelling shall state to management that he will make own arrangements. However Management and the employee will have to jointly agree on the kind of accommodation that the employee will obtain.

(a) Ndola-US $105.00 per night

(b) Lusaka-US $105.00 per night (c ) Dar Es Salaam-US $105.00 per night

(d) Others-US $85.00 per night

6.9.5 Inter State Travel Allowance

Allowances for interstate travel shall be regulated by Management circulars from time to time in consultation with the Union, in United States Dollars (US$) per night which will be applicable in local currency.

6.10.0 Shift Differential

6.10.1 Employees engaged in night shift work occurring between / 18:00 and 06:00 hours the following day shall be entitled to shift Differential Payment of US $4.00 per hour.

6.10. Single Point Mooring (SPM) Operations Allowance

6.11.1 Any employee who is duly authorized to work at the Tanker offloading activities shall be entitled to the payment of US $ 75.00 per day as SPM Operations Allowance.

6.11. Education Allowance

6.12.1 The Company shall give Education Allowance to employees in respect of University, College and School going children/legally adopted children up to the age of 23 years (uninterrupted education) as follows:

(a) Grade one to twelve: US $1020 per employee per annum. The allowance will be divided and paid per term.

(b) College and University: US $650.00 per term per child up to four (4) children.

7.0.0 ANNUAL BONUS

7.1. The Company shall pay a 13th Salary every December to all unionized employees. The 13th Salary shall be equivalent to an employees' Monthly Basic Salary and shall be taxable in the hands of the employee.

7.2. Annual Consultative Meeting

7.2.1 There shall be an annual consultative meeting between Management and the Two Unions to be held in Zambia every October.

8.0.0 HOUSE RENT

8.1. House Rent for institutional houses will be based on the attached Appendix D on Economical Rental Rates for Company Housed. Rentals will be deducted even if one vacates the house. This is to encourage workers to stay at the station.

9.0.0 HOUSING

9.1.0 The company shall provide unfurnished accommodation to an employee, on availability. In allocating the house, the company shall be guided by the following factors.

9.1.1 Status of employee.

9.1.2 Seniority in the service of the company

9.1.3 Marital Status.

9.1.4 Recommendations by the Company's Housing Committee.

9.1.5 An employee taking occupancy of an allocated house shall be made to sign an inventory form.

10.0.0 HOUSE MAINTENANCE

10.1. The company undertakes to maintain all company houses occupied by its employees in the stations. Where the company cannot carry out this requirement then a contracting company shall be engaged.

10.2. Where it is evident that such damages are as a result of negligence of any employee, costs of repairs shall be recovered from the employee's salary.

10.3. An employee wishing to make repairs on a company house shall inform Management in writing before repairs are made. If so authorized, he shall be reimbursed the cost of such repairs.

10.4. An employee occupying a company house shall sign a Lease Agreement.

11.0.0 HOUSING AND UTILITY ALLOWANCE

11.1.The company shall pay 50% of basic salary as housing allowance to all employees inclusive of utility bills.

12.0.0 HARDSHIP ALLOWANCE/FACILITIES

12.1. Employees based at Kalonje and Elphons Pass shall be entitled to hardship allowance/facilities as follows:

12.2. Kalonje - US $75.00 per month.

Elphons Pass - US $85.00 per month

12.3. Two utility vehicles

13.0.0 SALARY INCREMENT

13.1. Every year, Management and the two Unions shall meet to negotiate on the Annual Salary Increment. The increment shall be effected on 1st April and shall be covered by a Memorandum of Understanding.

14.0.0 MERIT INCREMENTS

14.1.0. In order to encourage improved job performance and increase productivity the company shall award merit increments to employees who, as assessed by management, perform exemplary.

15.0.0 SOAP ALLOWANCE

15.1. All employees who are issued with uniforms as a condition of service, shall be entitled to US $15.00 per month as soap allowance.

16.0.0 LOSS OF EMPLOYMENT

16.1. Where circumstances are such that the employer may discontinue the services of an employee on reasons that legally allow him to do so, the employer may do so by way of: -

(a) Dismissal

This is a step taken against an employee where he is found guilty of an offence or he breaches a regulation or regulations governing his employment or is convicted and imprisoned under the provisions of the laws of either country. Here, the employee so a affected losses or forfeits any privileges or rewards by the employer in terms of terminal or end of service benefits, save for his owncontributions and accrued leave in respect of this.

(a) Normal termination or discontinuation of Service

Where in the opinion of Management (in consultation with the Union) an employee's performance is proved unsuitable or below the required standard, here, the employee shall qualify for payment of terminal benefits or end of service reward by the employer (depending on the type of contract).

(b) Termination or discontinuation of employment on medical grounds or other related reasons, provided always that the laws of either country's governing institution of such a step are adhered to, here terminal or end of service rewards are payable in full depending on the type of contract.

17.0.0 TERMINATION OF SERVICE

17.1. Normal termination of service by either party shall mean discontinuation of service of an employee by either party, for any reasons other than spelt out under 19.0.0, 20.0.0, 22.0.0, and 23.0.0.

17.2. Notice

(a) During probationary period, either party shall give 24 hours notice and;

(b) After confirmation, either party shall give 30 days notice or payment of 1 month's basic salary in lieu of notice.

18.0.0 BENEFITS ON TERMINATION OF EMPLOYMENT BY EITHER PARTY

18.1. Where the continuous service of employee is five years or more payment shall be:

(a) An employee whose services are terminated by the company shall be paid ten (10) months as Repatriation Allowance. An employee who resigns on his own will not be repatriated.

(b) Tax will be borne by employee.

18.2. Where the service of an employee is less than 5 years of continuous service, he shall be paid benefits according to the provisions of the law of either country. .

This shall mean discontinuation of employee's services through reduction of the company labour force after necessity to do so’ has been established and mutually agreed.

19.0.0 REDUNDANCY BENEFITS

19.1.0 Notice

19.1.1 The Company shall give 3 months notice to the Unions to allow consultations and/or negotiations.

19.1.2 Three months notice to the employee or payment in lieu thereof.

19.1.3 Four (4) months basic salary for each year of service if the employee has served a minimum of five years.

Tax to be borne by the company.

19.1.4 Repatriation benefit of ten (10) months basic salary.

19.1.5 Optional benefits of either 1 ox-drawn plough, 2 wheel barrows, 2 garden picks, 1 bicycle and two axes or building materials equivalent.

19.1.6 Employee will be allowed to stay in the company house or be paid 4 months housing allowance in lieu.

19.1.7 (i) The retrenched employee who has served the company less than 5 years will be paid a lump sum of twelve (12) months basic salary as severance package for unexpected loss of employment.

(ii) The retrenched employee who have served the company for 5 years and above will be paid eight (8) months basic salary as severance package for unexpected loss of employment in addition to his accrued benefits.

(iii) An employee served with retrenchment letter should also be provided with benefits cheque in accordance with the law of either country.

20.0.0 NORMAL RETIREMENT

20.1. This is when an employee discontinues his services upon attainment of retirement age of 55 years.

20.2. Notice:

The Company shall give 6 months notice or pay 6 months basic salary in lieu thereof.

20.3. Accrued Benefits

The company shall pay:

20.3.1 Repatriation benefits often (10) months basic salary.

20.3.2 Optional benefits in form of (1) ox-drawn plough, two (2) wheel barrows, two (2) garden picks, one (1) bicycle and two (2) axes or building materials equivalent to the cost of the above mentioned materials.

21.0.0 BURIAL ARRANGEMENTS

21.1. For deceased employees, spouse and own or legally adopted children:-

21.1.1 High standard coffin or money equivalent and in case of an employee/spouse parlour services shall be provided.

21.1.2 US $600.00 for food during the mourning period.

21.1.3 Transport during the period of burial.

21.1.4 Transport to the burial place of choice.

21.2. Financial Assistance

21.2.1 In the event of death of an employee's father and mother US$350.00 and high cost standard coffin with transport which shall be limited to employees operational base.

21.2.2 Financial assistance of US $350.00 and the cost of high standard coffin where death under 21.2.1 above occurs .- outside operational base.

21.3. Death Benefits

21.3.1 Where an employee has served for a minimum of five (5) years continuous service, the beneficiaries of the deceased employee shall be entitled to a lump sum equal to sixty (60) months basic salary with tax if any, borne by the company. This benefit shall be paid by the Insurance company through the employer.

Where an employee has served below five (5) years, the Death Benefits shall be four (4) months basic salary for each year served with tax if any, borne by the company.

21.3.2 Repatriation allowance

Ten (10) months basic salary as repatriation for the family. Tax to be borne by the company.

21.3.3 Family to be allowed to stay in employee's house for four (4) months.

22.0.0 MEDICAL DISCHARGE/TERMINATION OF SERVICE ON MEDICAL GROUNDS

22.1. This is discontinuation of service as a result of ill-health, physical or mental incapacitation as approved by a recognized Medical Board/Government recognized Hospital.

22.2. Notice

Either party shall give 3 months notice or basic salary in lieu thereof.

22.3. Accrued Benefits

22.3.1 Repatriation benefits of ten (10) months basic salary.

23.0.0 EARLY/VOLUNTARY RETIREMENT

23.1. Provided an employee has served the company for 20 years or is 45 years of age, he will be entitled to apply for voluntary retirement,, 

23.2. Notice

The Company shall give 3 months notice or pay 3 months basic salary in lieu thereof.

23.3. Accrued Benefits

The company shall pay:

23.3.1 Repatriation benefits often (10) months basic salary.

23.3.2 Optional benefits of either one (1) ox-drawn plough, two (2) wheel barrows, two (2) garden picks, one (1) bicycle and two (2) axes or building materials equivalent to the cost of the above mentioned materials.

23.3.3 The employer shall endeavor to pay the retiring employee his terminal benefits on his last working day in accordance with the dictates of the law of either country.

24.0.0 LEAVE ENTITLEMENTS

24.1. Leave Accrual

24.1.1 All employees shall be entitled to 3 leave days per month.

24.1.2 Leave days shall not accumulate beyond 108 days unless with the approval of the employer.

24.1.3 Any employee who proceeds on leave if he so wishes shall be paid his salary in advance.

24.1.4 Any employee whose services are terminated shall be entitled to annual leave at the rate applicable in his grade and shall receive pay in lieu of such leave.

24.1.5 If an employee wishes to go on leave before qualifying for it, then such leave if granted shall be unpaid.

24.2. Leave Commutation

24.2.1 An employee who proceeds on, leave for not less than 14 working days shall be allowed to commute for cash the balance of leave days.

24.2.2 Any other requests for leave commutation shall be at the discretion of management.

24.2.3 Commutation payment shall be paid in advance.

24.3. Leave Travel

24.3.1 The company shall bear second class rail/ship and bus costs to and from place of holiday for an employee who proceeds on annual leave every year. This includes husband/wife, own or legally adopted (6) children.

24.4. Special Leave

24.4.1 The company shall grant special leave of absence upon application by an employee for any emergency and the same days taken shall be recovered.

24.5. Leave Allowance

24.5.1 An employee proceeding on annual leave shall be entitled to leave allowance of US $10.00 per day for all days taken. Minimum qualifying annual leave shall be 14 days.

24.6. Study Leave

24.6.1 Where an employee wishes to proceed for further training and provided that training is approved by the company, leave shall be considered for the duration of the study period.

24.6.2 In the event of an employee participating in an examination approved by the company, he shall be granted 10 working days leave to enable him prepare v~ and write the examinations.

24.7. Child Care Leave

24.7.1 An employee shall be allowed special leave if he obtains prior permission (except emergencies):

(a) Taking a child to Hospital.

(b) Attending under five clinic.

24.8. Maternity Leave

24.8.1 Female employees who have completed at least 12 months of continuous service shall be entitled to 90 calendar days leave with full pay once in every two years.

24.8.2 In case of illness which arises out of pregnancy and results in a female employee being temporarily incapable of performing her duties,-such an employee shall be entitled to sick leave in accordance with the provisions of this agreement.

24.9. Compassionate Leave

In the event of death of wife, husband, father, mother, sister, brother, children and parents in law employees shall be entitled to 10 working days leave.

24.10. Sick Leave

24.10.1 An employee who according to judgment of a Doctor/Physician or recognized Medical Institution is unable to perform duties will be treated as follows:

24.10.2 During probation period a maximum of 26 working days shall be granted if the employee has completed the first month of continuous service.

24.10.3 For permanent employees, a maximum of 6 months pay shall apply and thereafter another maximum of 10 months at half pay shall apply.

24.10.4 Sick leave shall be computed separately for each year and shall not be cumulative.

24.10.5 When an employee exhausts the sick leave, his services may be terminated on medical grounds.

24.10.6 Not withstanding the above mentioned (24.9.1 - 24.9.5) in respect of clause 24.9.0 above frequent absences of short durations may result in disciplinary measures as consequences after thorough investigations by the Management and medical authorities.

24.11. Mother's Day

Female employees will be allowed a mothers' day once a month without prior permission.

25.0.0 ADJUSTMENTS DUE TO ECONOMIC FLUCTUATIONS.

25.1. Annual Review

25.1.1 Depending on the economic situation prevailing at that time, Management and the Union shall meet at least once in a year to review or make necessary adjustments to salaries.

25.2. Fluctuation of Local Currencies against the Dollar

25.2.1 Every 1st April salaries shall be adjusted upwards in line with the ruling Central Bank Buying rate in either Country.

Where the decline of the official currencies against the dollar reaches 20% or more the salaries shall be automatically adjusted.

26.0.0 COMMUNICATION TO EMPLOYEES

26.1. Where the employer requires to serve any written notice upon an employee relating to his terms and conditions of service, such notice shall be directed to the employee's last known address of abode or posted upon any notice board permanently kept by the employer for the purpose of communicating information to employees

26.2. Management shall under take to inform all employees of any policy changes affecting them as communicated to them by relevant authorities.

27.0.0 MEDICAL REGULATIONS, EXAMINATIONS AND TREATMENTS

27.1. Employees in hazardous work places, i.e. operations, kitchens, pipeline and those who are directly involved in dealing with crude oil and its components shall undergo routine medical examinations once a year.

27.2. Employees in non hazardous occupations shall undergo routine medical examinations once every two years.

27.3. Medical Services

27.3.1 The company shall provide medical facilities at fee paying wards and/or clinics to all employees, their spouses and own/legally adopted children up to a maximum of six children.

27.3.2 No refunds arising from outside the approved institution will be authorized with the exception of referral cases or Doctors' prescription from the above respective institution, serve for verifiable emergencies.

27.4. HIV/AIDS Policy

This shall be administered as per company HIV/AIDS Policy.

28.0.0 ACCIDENTS, COMPENSATION AND DEATH BENEFITS

28.1. Coverage and Policy

28.1.1 Group Personal Accident

(a) All accidents encountered by employees at any time shall be reported immediately, provided that those occurring at work places shall be reported first to the

employer and those occurring at different places be reported to the police or other authorities nearby.

(b) There shall be Group Personal Accident Policy with a 24-hour coverage on personal accidents, the compensation of which is dependent on disability caused.

Payment will be made as per rules of the Scheme. The rules shall be made available to all employees. Tazama Pension Scheme shall be an optional scheme to employees and not compulsory.

29.0.0 LOANS (TYPES, ELIGIBILITY, REPAYMENT AND INTERESTS)

29.1.0 All loans to employees shall be funded by the company and eligibility shall be restricted to permanent workers, provided that the total of all loan repayment does not exceed 50% of basic monthly salary in which case an employee may be considered for more than one loan.

29.2.0 Basis of Entitlement

29.2.1 25% of basic salary multiplied by maximum repayment period.

29.2.2 Full purchase price or 90% of the basic annual salary, whichever is higher.

29.3.0 Interest Rates

Interest rates on all loans shall be 10% per annum on reducing balance.

29.4.0 Repayment Periods

29.4.1 Loan repayment periods shall be as follows:

(a) Motor Vehicle/Motor Cycle120 months

(b) Fridge- 60 months

(c) Study- 24 months

(d) Bicycle36 months

(e) Welfare24 months

(f) Furniture60 months

29.5.0 Study Loan

An employee wishing to study privately for a course approved by the company may apply for a study loan, which if granted shall be turned into a grant on successful completion of the course, with a condition to recover the same where the employee does not pass the examination.

29.6.0 Mortgage

29.6.1 The company shall give mortgage guarantee to a employee who wishes to acquire mortgage from any recognized financial institution.

29.7.0 Housing Loan

29.7.1 The company shall undertake to give housing loans to deserving employees in accordance with existing conditions.

30.0.0 PROTECTIVE CLOTHING / UNIFORMS

30.1. Management shall provide suitable or appropriate protective clothing to deserving employees effective 1st October of each year.

30.2. Sweaters shall be issued to employees at Iringa, Mbeya, Elphons Pass, Kalonje and pipeline personnel once every year.

30.3. All articles shall be used exclusively during working hours. Where items are lost or damaged through the fault of an employee, the employee shall pay as per assessed value.

31.0.0 MARRIAGES AND BIRTHS

31.1. Marriages and births should be notified to Management at once for the purpose of records and adjustments of privileges and entitlements to employees.

32.0.0 LONG SERVICE AWARD

32.1. The company shall give long service awards to deserving employees on completion of continuous service of 10 years, 15 years, 20 years, 25 years, 30 years, and 35 years respectively.

32.2. The Management and the Unions shall meet to determine what shall be given to deserving employees.

33.0.0 CERTIFICATE OF SERVICE AND RECORD REQUIRED

33.1. On termination of service, an employee shall be issued with a certificate of service with the following information stated:

33.1.1 Name of Employer

33.1.2 Name of employee.

33.1.3 Nature of duty.

33.1.4 Dates of Engagement and Termination.

33.1.5 Employers Account Number with the NAPSA/NSSF through which statutory contributions have been or shall be remitted in respect of the employee.

33.1.6 A statement showing the amount of statutory contributions and supplementary ones paid by the employer to the Fund during the period of service.

34.0.0 DISPUTE SETTLEMENT

34.1. Where either party to this agreement is not in agreement with an action by the other on matters of concern to Industrial Relation in the company, or where either party feels that the other is acting contrary to provisions of this agreement, the party so dissatisfied shall seek the assistance of the Labour Laws of either country.

34.2. However, before a party takes the action discussed under the preceding paragraph, it shall give notice to the other of the intention to do so. This notice shall not be less than 21 days and shall give a brief explanation on the grounds of discontent.

35.0.0 EFFECTIVE DATE, DURATION, AMENDMENT AND PROCEDURE

35.1. This Agreement comes into force from 1st April 2013 and shall run for two years up to 31st March 2015.

35.2. Any Clause and or provision within this Agreement may be amended or modified on a request by either party, provided always that the party so seeking amendment shall give written notice of not less than three months to the other of the intention to do so and that such amendment shall be mutually discussed and agreed.

35.3. Notwithstanding paragraph 35.1.0 this Agreement shall stand effective until replaced by another.

35.4. In order to avoid what has been mentioned in 35.3.0 above the two parties undertake to effect negotiations on a new Agreement, 3 months before the expiry of the other.

This AGREEMENT shall be valid from 1st April 2013 to 31st March 2015. In witness the Parties hereunder set their hands in Dar-es-salaam on 29th January 2013 in the presence of subscribing witnesses.

FOR AND ON BEHALF OF TAZAMA PIPELINES LIMITED

M. S. KIKULA: DIRECTOR OF OPERATIONS & ENGINEERING

A.C. MANDEVA (MRS): FINANCIAL CONTROLLER

A. S. MJENGWA (MRS) : DIRECTOR ADMINIStRATION

WITNESSES:

A.SAUNYAMA: REGIONAL MANAGER (T)

D.THAWETHE:SS REGIONAL MANAGER (Z)

FOR AND ON BEHALF OF THE NATIONAL UNION OF TRANSPORT AND ALLIED WORKERS (NUTAW) OF ZAMBIA.

P MWANZA : PRESIDENT - NUTAW

T. MWANZA: NUTAW BRANCH CHAIRMAN

WITNESSES

C. KAYUMBA: NUTAW BRANCH SECRETARY

M. MUTANDA: NUTAW BRANCH TREASURER

FOR AND ON BEHALF OF THE COMMUNICATION AND TRANSPORT WORKERS' UNION OF (COTWU) TANZANIA

B.R. SEMVUA: - DEPUTY GEJNERAL SECRETARY - COTWU (T)

M. MAPONDELA: COTWU (T) BRANCH CHAIRMAN - DAR ES SALAAM

A. MASHELI: BRANCH CHAIRMAN - ELPHONS PASS

M. MCHOME: BRANCH CHAIRMAN - IRINGA

WITNESSES

L. MWAKITOSI: COTWU (T) BRANCH SECRETARY-DAR ES SALAAM

E.LUBINZA: COTWU (T) BRANCH CHAIRMAN - MBEYA

L. MTU ICOTWU (T) BRANCH SECRETARY - MOROGORO

TAZAMA PIPELINES LIMITED

UNIONISED EMPLOYEES

GRADING AND SALARY STRUCTURE

GRADE

POSITION

SALARY

(US$)

TGI

Messenger

Workman

Watchman

Security Guard

360

TG2

Craftsman Trade Test 3/Test 8 & 9

Tractor Driver

Guest House Cook

Trade Test 3/(which ever field)

410

TG3

Radio Operator

Receptionist/Telephonist

Instruments Trade Test/Trade Test 7

Electrician Trade Test 2/Trade Test 7

Pipeline Trade Test 2/Trade Test 7

Driver with Class D Driving Licence

Trade Test Grade 2/Trade Test 7 (which ever field)

460

TG4

Senior Radio Operator

Driver with PSV Driving Licence/Class C Driving Licence

Typist

Pre-School Teacher

Purchasing Clerk

Grader/Bulldozer/Excavator Operator

Plant Operator

Trade Test 1/Trade Test 6 & 5 (which ever field)

Security Supervisor

510

 

 

TG5

Audit Assistant

Auto Electrician - Crafts Certificate

Junior Accounts Assistant

Fitter & Tuner

Plumber

Stores Clerk

Cashier

Head Driver

Carpenter

Instruments Artisan

Pipeline Welder

Junior Stores Assistant

Machinist/Fitter

Senior Plant Operator

Executive Driver

560

TG6

Shift Leader

Mechanic

Senior Telecoms Artisan

Senior Artisan

610

TG7

Senior Stores Assistant

660

TG8

Senior Purchasing Assistant

Senior Accounts Assistant

Senior Audit Assistant

Technical Assistant III

710

TG9

Assistant Foreman (Technical Assistant II)

760

Collective Agreement between TAZAMA Pipelines Limited and the Communications & Transport Worker’s Union of Tanzania (COTWU (T)) and the National Union of Transport & Allied Worker (NUTAW) of Zambia - 2013 - 2013

Start date: → 2013-04-01
End date: → 2015-03-31
Name industry: → Transport, logistics, communication
Public/private sector: → In the private sector
Concluded by:
Name company: → 
Names trade unions: →  COTWUT - Muungano wa Wafanyakazi wa Usafiri na Mawasiliano wa Tanzania

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 100 %
Maximum days for paid sickness leave: → 480 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → No
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: → 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: → Yes
Paid leave per year in case of caring for relatives: → 1 days
Leave duration in days in case of death of a relative: → 10 days

EMPLOYMENT CONTRACTS

Trial period duration: → 90 days
Part-time workers excluded from any provision: → 
Provisions about temporary workers: → No
Apprentices excluded from any provision: → 
Minijobs/student jobs excluded from any provision: → 

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per week: → 40.0
Working days per week: → 5.0
Paid annual leave: → 36.0 days
Paid annual leave: → 6.0 weeks
Rest period of at least one day per week agreed: → Yes
Provisions on flexible work arrangements: → No

WAGES

Wages determined by means of pay scales: → Yes, in one table
Wages specified according to skill level: → 0
Wages specified according to job title: → 1
Adjustment for rising costs of living: → 

Wage increase

Premium for overtime work

Premium for Sunday work

Premium for Sunday work: → 100 %

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → No
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