New1

COLLECTIVE BARGAINING AGREEMENT BETWEEN COMMUNICATIONS AND TRANSPORT WORKERS UNION - COTWU (T) AND SWISSPORT TANZANIA PLC

1.0 PREAMBLE

We, the Communications and Transport Workers Union of Tanzania (COTWU (T)) SWISSPORT TANZANIA PLC and all its branches in Tanzania of P.O. Box 18043 Dar es Salaam hereinafter referred to as the Trade Union and SWISSPORT TANZANIA PLC of P.O. Box 18043 Dar es salaam hereinafter referred to as the Employer have concluded this Collective Bargaining Agreement that promotes good and harmonious working condition within the company.

1.1 RECOGNITION OF THE PARTIES

(a) The Trade Union recognizes SWISSPORT TANZANIA PLC as the sole employer of the employees referred to in this agreement.

(b) SWISSPORT TANZANIA PLC recognizes Communications and Transport Workers Union (T) - COTWU (T) as the sole representative and spokes body of employees in the company.

(c) Each party in this agreement recognizes the presence of each other within its legal framework and that employees form a strong corporate bond between the two parties. Furthermore the Trade Union recognizes that the Employer has the right:

i. To supervise all company functions.

ii. Employ, terminate, direct, lead and manage the employees.

i. To initiate and manage all professional and technical innovations in the company, make improvements, expand or regulate functions,

ii. Identify staff recruitment needs, promote staff, make transfers or execute any business function or activity that is of interest or beneficial to the Company.

2.0 SCOPE

This Agreement applies to all employees with fixed term contracts and those on permanent and pensionable terms including the Management cadre.

3.0 DURATION OF THE AGREEMENT

This agreement shall be in force from 1st January, 2014 and shall come to an end on 31st December, 2016. The agreement shall remain in force even after the expiry of the mentioned period unless one of the parties gives 30 days notice to the other party that it is no longer interested with the expired agreement.

4.0 EMPLOYMENT/TERMINATION/RETIREMENT OF PERMANENT AND FIXED TERM CONTRACT EMPLOYEES.

4.1 Selection of Applicants

The selection of applicants for employment will be done at the discretion of the Employer depending on the job specifications and available opportunities as elaborated here below:-

i. All application letters will be sent to and received at the office of the Chief Executive Officer. The applications will bear copies of genuine Certificates of Education attainments, professional training including Trade Tests as well as letters of recommendations by the employer or previous employers.

ii. Shortlisted candidates will be called for oral and written interviews. Only successful candidates will be offered employment based on terms and conditions stipulated in respective employment contracts.

4.2 Termination of a permanent and pensionable employee contracts.

When there are sufficient reasons and it is deemed necessary to terminate the services of a permanent and pensionable employee, the following terminal benefits will be paid to him/her:-

•One month salary in lieu of notice

•Pension contributions according to governing regulations of Parastatal Pension Fund.

•Pay in lieu of outstanding Leave if any;

•Severance allowance which is 5% of his/her last monthly basic salary for the total number of years worked.

4.3 Termination of Fixed term Contract Employees

When there are sufficient reasons and it is deemed necessary to terminate the services of a fixed term contract employee, the following terminal benefits shall be paid to him/her:-

i. One month salary in lieu of notice;

ii. Pay in lieu of outstanding leave if any;

iii. Severance pay which is 7 days of his/her last monthly basic salary for each completed year of continuous service with employer to a maximum of 10 years;

iv. Pension contributions according to the governing regulations in force at that particular moment.

4.4 Retirement of Permanent and pensionable Employees

Both parties agree that the retirement age for permanent and pensionable employees is 55 years whereby an employee may retire voluntarily and 60 years compulsorily; in which case the employee will be served with a 6 months written notice to retire. An employee retiring voluntarily will issue a one month written notice to that effect.

4.5 RETIREMENT BENEFITS

A permanent and pensionable employee who retires according to the law as stated above shall be entitled to the following benefits

(a) General staff will be entitled to the company retirement benefit of 16 months salaries and the Management staff on permanent and pensionable terms will be entitled to 12 months salaries based on the last salary.

In addition, both aforementioned categories will be entitled to the following:

(b) Pension benefits according to the existing Pension Fund regulations.

(c) Pay in lieu of outstanding Leave if any;

(d) Severance allowance which is 5% of his/her last basic monthly salary for the total number of years worked.

(e) Travel assistance to the place of domicile as stated under clause 4.7

4.6 Early Retirement for Permanent and Pensionable Employees

In order to increase efficiency and productivity in the company an employee on permanent and pensionable terms may be allowed to proceed on early retirement i.e. before reaching the voluntary or compulsory retirement age due to decreased productivity either due to poor health, advanced age or due to any other reason.

4.6.1 EARLY RETIREMENT BENEFITS

A Staff or member of the Management who is allowed to proceed on early retirement will be paid the normal retirement benefits mentioned above under Clause 4.5 and in addition will be entitled to the following terminal benefits depending on the number of years worked as follows:

Number of years worked Package
00-10 years 2 months salary
11-15 years 3 months salary
16 - 20 years 4 months salary
21 years and above

5 months salary

4.7 Travel assistance in case of termination or retirement of permanent and pensionable employees.

In case of termination or retirement of a permanent and pensionable employees the company will pay him/her expenses of transporting by road to his/her place of domicile his/her personal effects of not more than three tons by road based on rates prescribed by SUMATRA or the Government from time to time.

5.0 WORKING HOURS

(a) Each employee shall be required to work for 180 hours per month.

(b) Any extra duty hours worked beyond 180 hours per month will deserve extra/over time pay according to the prevailing Labour Legislations.

i. All employees falling under the basic salary of TAS 650,000.00 will qualify for overtime pay or days off as deemed appropriate.

ii. As for shift working employees, working hours will be 180 hours including Saturdays, Sundays and even public holidays provided that they will take an off when appropriate during working days.

iii. Employees falling above the basic salary of TAS 650,000.00 and Management members will not be entitled to overtime pay or days off but will have 36 days leave per year.

6.0 ANNUAL LEAVE, COMPASSIONATE, EMERGENCY AND SICK LEAVE

(a) Annual leave

i. Employees falling under the monthly basic salary of TAS 650,000.00 as a basic monthly salary will be entitled to 28 days annual leave per leave cycle.

ii. Employees above the monthly basic salary TAS 650,000.00 as a basic monthly salary shall be entitled to 36 days leave per annum.

iii. Leave accumulation for any leave cycle is not permissible save with the approval of the Chief Executive Officer where there is a justification to do so.

iv. The employer will pay leave travel assistance only to permanent and pensionable employees and their family members made up of one spouse and maximum of four children under the age of 18 road travel expenses once in every two years to their respective places of domicile based on rates prescribed by SUMATRA or the Government from time to time.

(b) Compassionate leave

i. Compassionate leave with full pay but not exceeding 5 days will be granted in case of a bereavement of close family member such as , mother, father or child.

ii. Such leave will also be granted to an employee upon first marriage, or in case of being faced with hazards such as fire, floods or earthquakes etc.

iii. Compassionate leave will not be part of the annual leave.

(c) Emergency Leave

i. Emergency leave not exceeding 10 days and which are deductible from annual leave may be granted in case of sickness of wife, husband, father, mother, child or close relative in addition to those mentioned in paragraph (b).

ii. If an annual leave will have been taken, then the emergency days leave will be deducted from the next annual leave.

(d) Maternity Leave

i. A pregnant employee shall be entitled to 84 days maternity leave upon the Certification of the Doctor or 100 days paid maternity leave if the employee gives birth to more than one child at the same time.

ii. Maternity leave may be taken once or anytime between the seventh month of pregnancy and delivery day provided that throughout the expectant period the employee may;

•Take part of the entitled leave before delivery and the remaining leave days after delivery

•Take all the leave days or part before the seventh month of pregnancy upon her doctor’s written recommendation.

iii. A female employee will not be entitled to paid maternity leave more than once in three years.

iv. The condition in paragraph (iii) notwithstanding, a female employee shall be entitled for a paid maternity leave in between the three years in the event of an unplanned miscarriage or death of the baby during the first year of birth.

(c) Paternity Leave

Every male staff whose wife gives birth shall be entitled to 3 days paternity leave within seven days of birth.

(f) Sick Leave

i. An employee who is indisposed, and is excused from duty for medical grounds shall be entitled to full month salary pay for the first 63 days after which will be paid half month salary for another 63 days.

ii. In the event that the sickness, excuse from duty or hospitalization beyond the prescribed period in paragraph (i), management will be obliged to decide on whether to effect retirement on sickness /health grounds or else through the employee’s personal consciousness upon receiving a doctor’s report.

7.0 DEATHS AND FUNERALS

(a) In the event that any employee dies, the Company shall incur funeral costs as follows:-

i. Actual costs of meals not exceeding TAS 500,000/= during the mourning period before burial.

ii. Actual costs of the coffin, shroud, digging of the grave, burial cross, embalmment, incense etc all not exceeding TAS 500,000/ =

iii. Actual transport costs of the deceased remains and dependants, wife/husband up to the place of domicile.

iv. Transport costs and traveling allowances for the company representatives accompanying the deceased /bereaved as would be determined by the Management.

v. Condolence to the family of TAS 600,000/-

vi. In the event of death of a close relative of staff the employer will give the following assistance to both permanent and fixed term contract employees:

Close relative Amount
Wife/husband

400,000

Child 400,000
Parents 200,000

(This amount will be given subject to delivering of the Death certificate or burial permit to HR department to avoid fraud)

8.0 TRAVELING AND TRANSFER ALLOWANCES

8.1. Travelling Allowances inside the country shall be as stipulated in Table 1 below:-

Table 1. Traveling Allowances

PLACE/ CATEGORY CEO Managers Other staff
CITY 150,000 150,000 100,000
MUNICIPALITY 150,000 150,000 80,000
REGIONAL TOWNS 150,000 150,000 80,000
DISTRICT TOWNS 150,000 100,000 60,000

•An employee may opt for full board and lodging in which case he/she will be paid 20% of the prescribed sum to cover for stipends/incidental expenses such as tips, property services tax, laundry, taxi etc.

Likewise an employee may opt for bed and breakfast upon which he/she will be paid 50% of the prescribed sum for meals and incidentals/stipend.

•The allowances will be paid only for the nights the employee will be out of the station.

8.2 Allowance rates for employees other than management members traveling on duty outside the country.

•When an employee is on training sponsorship that covers only tuition and lodging then actual costs of breakfast, lunch and dinner at the respective hotel would apply. The employee will also be entitled to $ 50 per day for telephone, medicine, transport, emergency expenses etc. The Employer has the discretion of determining the status of the hotels which will be applicable to its employees provided that they meet acceptable standards.

8.3 Travel outside the country for Management: -

Management members will be paid USD 300 if travelling in Africa, USA & Asia (Dollar zone) or Euro 300 if travelling in Europe (Euro Zone) to meet hotel and food expenses (plus 40% for incidentals) in which case no any other payment will be made; or

•Reimbursement of actual cost incurred for hotel accommodation, meals and fare;

•If all travel cost is paid for, an imprest of $100 or Euro 100 per night as the case may be will be granted to cover for incidentals i.e. telephone, transport and entertainment and this amount shall be accounted for in full upon return as per financial regulations, otherwise same shall be deducted from ones salary. Provided that the aforementioned rates may be changed anytime by the employer when it is deemed necessary to do so.

8.4 Staff Transfers

i. An employee who is transferred to another station shall be entitled to full transfer /allowances for wife/husband and 4 children if any not above 18 years assist the transfer and safe settling at the new station.

ii. Transfer allowance shall be the same rate paid to staff on duty travel as stipulated under clause 8.1. For such an employee and spouse, each will be entitled to 14 days full per diems and the children below 18 years shall be paid half the rate for 14 days.

iii. Transportation allowance, not exceeding three tones at the rates prescribed by the government/SUMATRA from time to time will be given to a transferred employee.

9.0 TRAINING

(a) For the purpose of enabling the employee to perform effectively, there will be job related training for both permanent and contract employees. The employer will finance the training.

b) Training Agreement/Bond

Employees will be required to sign a training bond before if she/he agrees the conditions of the bond requiring them to be engaged for a specific period after undergoing training paid for by the Employer in which case details will be issued by the Employer for the type of course, cost and compulsory period of engagement that must be adhered to before one can decide to terminate employment.

10.0 MEDICAL TREATMENT.

All Company employees will be entitled to become members of the National Health Insurance Fund (NHIF) whereby each employee will contribute 2% and the employer will contribute 4% of the monthly basic salary towards the fund.

11.0 STAFF LOANS.

(a) The company encourage its employees to build own houses and live a happy and decent life with their families. In order to enable employees to purchase the necessary building materials or for other purposes the company has established a Revolving Fund amounting to TAS 100 million from which employees can borrow. This fund will be reviewed from time to time as deemed appropriate by the Employer.

(a) Loans from the Revolving Fund will be under the following conditions

i. Loan not exceeding TAS 800,000/= in respect of employees falling under the monthly basic salary of TAS 1,000,000.00 and TAS 1,0,000/= for those employees above the monthly basic salary of TAS 1,000,000.00

ii. The loan will be recovered from the employee’s salary within maximum of 10 months from the date of issue.

iii. No loan will be granted on top of a loan until the previous one has been recovered fully.

iv. The employer will have the right to review modalities of issuing loans to its employees.

12.0 WORKER’S COUNCIL/TRADE UNION

(a) In order to allow workers participation in the pertinent issues of the company there will be a Workers Council established under the Presidential Circular No 1 of 1974. The Council Meetings shall be held at least two times in any financial year and the Employer will meet the resultant cost including member’s allowances as shall be determined by the Employer.

(b) There shall be one meeting between Management and COTWU (T) Branch Leadership every month at Swissport Tanzania PLC headquarters mainly to discuss and resolve issues affecting staff. In such meetings the Kilimanjaro branch will be represented by the COTWU branch chairman.

13.0 STAFF BONUS

The Company will pay a bonus to its employees as approved by the Board of Directors depending on the profit accrued in the previous financial year and individual performance of employees as assessed by the Management.

14.0 LONG SERVICE AWARD.

An Employee who works for the company continuously for an aggregate of ten years from the date of first employment will be entitled to a long service award.

 

SCALE

TAS

SPS I

330,000

SPS 2

340,000

SPS 3

350,000

SPS 4

360,000

SPS 5

370,000

SPS 6

380,000

SPS 7

390,000

SPS 8

400,000

SPS 9

410,000

SPS 10

420,000

SPS 11

430,000

SPS 12

440,000

SPS 13

450,000

SPS 14

460,000

DMS 1

590,000

DMS 2

675,000

DMS 3

849,000

DMS 4

1,400,000

 

15.0 AWARD FOR OUTSTANDING PERFORMANCE

The Employer will award employees for outstanding performance as shall be decided by the Management from time to time as a way of motivating them for better performance.

16.0 TRANSPORT

The Employer will offer transport to its employees within Dar es Salaam, Arusha, Mtwara and Mbeya cities from designated points in the normal employee’s residential areas to and from work while on duty. The employer is however not obliged to provide transport to its employees therefore this facility is purely a privilege that can be withdrawn anytime as shall be decided by the Management.

Management and Senior staff whose duties requires more flexibility hence cannot use general staff transport will be given loans to purchase motor vehicle in accordance with the prevailing company’s Car Loan Scheme.

17.0 FORMAL ATTIRE/UNIFORM AND SAFETY GEAR.

(a) All employees will be supplied with uniform once per year according to the uniform regulations designed by the Company.

(b) Safety gears and uniform will be provided only where they are needed such as Ramp, Cargo and Maintenance units.

(c) All uniform supplied to employees under this agreement will remain the property of the Company and will be put on at all times while on duty and not otherwise.

18.0 RIGHTS AND OTHER PRIVILEGES

Employee rights, benefits and other privileges not spelt out in this agreement but captured elsewhere such as in individual employment contract will continue to be honoured and improved by the Employer when it is conducive to do so.

19.0 DISCIPLINARY PROCEDURES

(a) An employee who contravenes company regulations will have disciplinary measures taken by the Management depending on the gravity of the offence committed and Labour laws of the country shall be applied.

(b) The Company shall have the right to take disciplinary measures against any employee who contravenes employment regulations.

(c) In the event that a Company employee is found guilty of misconduct, the employer will take disciplinary measures according to the Company’s Code of Conduct and the Labour laws of the Country.

In any case, problems or disputes will be resolved as soon as they arise by way of negotiations.

20.0 CODE OF CONDUCT

Management will receive views and discuss with the Trade Union the Code of Conduct, Regulations affecting staff and subsequent reviews with the view of creating harmony in the company.

21.0 RETRENCHMENT

(a) Parties agree to strive to retain/maintain existing job opportunities while discouraging possibilities of retrenching or terminating employees whose employment contracts are still valid.

(b) When it is necessary to retrench company employees, the Employer is bound to communicate and consult with Trade Union in order to do the following:

i. Discuss about the necessity of retrenching employees.

ii. Discuss the mode of retrenchment.

iii. Discuss the benefits that will be paid to the victims of the retrenchment exercise.

As a witness hereof, this agreement has been signed by the Parties hereof on the dates and in the manner hereafter appearing:-

For and on behalf of COMMUNICATION AND TRANSPORT WORKER’S UNION (TANZANIA) COTWU

Mathias Mjema: Secretary General COTWU(T)

Mussa Mwakalinga: Dar es salaam Zone Secretary COTWU (T)

Robert Nyanda: Chairman - Swissport COTWU Branch JNIA

Fabian Mwambinga: JRO Branch COTWU

For and on behalf of SWISSPORT TANZANIA PLC

_____

Gaudence K. Temu-Chief Executive Officer.

Yassin Mrisho - Chief Finance Officer

Neema Mwang’mba - HR Manager

Ali Sarumbo -Station Managet JRO

Date:

Collective Bargaining Agreement between Communications and Transport Workers Union -Tanzania COTWU (T) and Swissport Tanzania PLC - 2014 - 2014

Start date: → 2014-01-01
End date: → 2016-12-31
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

TRAINING

Training programmes: → Yes
Apprenticeships: → No
Employer contributes to training fund for employees: → No

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 75 %
Maximum days for paid sickness leave: → 126 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: → No

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 13 weeks
Job security after maternity leave: → Yes
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: → 
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → No
Paternity paid leave: → 3 days
Leave duration in days in case of death of a relative: → 5 days

EMPLOYMENT CONTRACTS

Severance pay after 5 years of service (percentage of monthly salary): → 5 %
Severance pay after one year of service (percentage of monthly salary): →  %
Part-time workers excluded from any provision: → No
Provisions about temporary workers: → Yes
Apprentices excluded from any provision: → No
Minijobs/student jobs excluded from any provision: → No

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per week: → 180.0
Paid annual leave: → 28.0 days
Paid annual leave: → 5.6 weeks
Provisions on flexible work arrangements: → No
Loading...