1.0 PREAMBLE
1.1
Status quo:This Collective Agreement is made between East African
Elevator Company Limited hereinafter referred to as the “EMPLOYER” forming the first part to the Agreement and the Communication and Transport Workers’ Union [COTWU (T)] of Tanzania (hereinafter referred to as the Union), forming the second part of the Agreement.
1.2
Status quo: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 applicable to workers employed and confirmed by the Company except those on probation and daily paid workers, and those with specific contract terms of employment.
1.3
Status quo:In this agreement however, where any word or clause contravenes the provisions or requirements of any of the existing Labour Laws or Regulations or Orders of the Country or Offers relatively inferior treatment or terms to those provided for; then the laws or Regulations shall apply.
2.0.0 PRODUCTIVITY PERFOMANCE AND EFFICCIENCY.
2.1
Status quo:It is agreed that after successful conclusions of these discussions, the Union shall assist the employer in:-
2.2
Status quo:Ensuring that the proper plans to increases productivity are implemented as drawn by the Employer.
2.3
Status quo:Preventing employees from indulging in acts which are detrimental to productivity (e. g. waste of materials, theft, negligence lateness, absenteeism, insubordination etc.) and reporting such acts or any other threats against the company and or its properly and advising the management on how to handle such situations should they arise.
2.4
Status quo:Take necessary measures to prevent negligent and destruction of company property.
3.0.0CHANGES IN LABOUR LEGISLATION
3.1Status quo:In the event of any change, directive, new law, etc, the Company and the Union shall meet as soon as possible to change, amend or remove that part of the Agreement which is in conflict with the respective Labour Legislations. It is agreed that such changes or amendments shall be to render the Agreement legally acceptable.
4.00 COMMUNICATION TO EMPLOYEES:
4.1 Status quo:Management shall undertake to inform all employees of any policy changes affecting them as communicated to them by relevant authorities.
5.0 DEFINITIONS AND INTERPRETATION:
In this agreement, unless the context otherwise requires:-
5.1 “Employer/Company”
Status quo – Shall mean East African Elevator Company Limited.
5.2 “Union”
Status quo - Shall mean the Communication and Transport Workers Union of Tanzania [COTWU (T)].
5.3 “Country”
Status quo - Shall mean the Sovereign State Geographically known as Tanzania Main Land.
5.4 “General Manager/Director” - Shall mean Chief Executive Officer of East African Elevator Company Limited or any officer delegated by the General Manager to carry out special functions on his behalf.
5.5“Management”– Shall mean Chief Executive Officer and Head of Departments and as provided by the labour laws.
5.6“General Secretary”
Status quo - Shall mean the General Secretary of the Communication and Transport Workers’ Union of Tanzania [COTWU (T)] or any other Officer or Officers duly authorized and delegated by the General Secretary to act or carry out official functions on his behalf.
5.7“Union Representative”
Status quo – Shall mean the General Secretary of the Communication and Transport Workers’ Union of Tanzania [COTWU (T)] or any other Officers or Officers duly authorized and delegated by the General Secretary to act or carry out Union functions on his behalf.
5.8“Employee”
Status quo – Shall mean any person or persons employed by East African Elevator Company Limited under the permanent conditions only or as defined under the labour laws or Regulations of the Country
5.9“Union Member”
Status quo – Shall mean any employee of the Company who is a member of the Union and as defined by the Law of the Country.
5.10“Commissioner”
“Status quo” – Shall mean the Commissioner dealing with labour matters.
5.11 “Labour Court of Tanzania”
Status quo - Shall mean the Labour Division of the High Court of Tanzania.
5.12 “Council/Bargaining Unit”
Status quo – Shall mean the Management/Union Joint Industrial Council within East African Elevator Company Limited through which the Management and the Union meet to negotiate for improvement of Salaries and other terms and of conditions of service.
5.13 “Salaries and Wages”
Status quo – Shall mean salary scale, wages rates, overtimes and any other allowance.
5.14 “Others Terms and Conditions of Service”
Status quo - Shall mean work rules and or regulations, hour and places of work. Leave packages, 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.
5.15 “Collective Agreement”
Status quo – Shall mean the Article or Document embracing all items on which the Management and the Union have reached an understanding voluntarily through negotiations or any other Agreement reached by the parties through similar means.
5.16 “Grievance”
Status quo – Shall mean a complaint or complaints and or a feeling or feelings of dissatisfaction by either an employee (s) or employer, against any action or treatment or occurrence considered unfair by the party complaining.
5.17 “Grievance Settlement Procedures”
Status quo –Shall mean any procedures and or procedures laid down by the parties to cater for the settlement of grievance or settlement of disputes and as define under the provisions of the Laws of the Country
5.18 “Trade Dispute”
Status quo - Shall mean any dispute or differences or disagreement or misunderstanding between an employee or employees on salaries or wages or other terms and conditions of employment or as define under the laws of the Country.
5.19“Strike/Go Slow”
Status quo – Shall mean cessation of work performance by a body or group of persons employed to carry out that function, acting in combination or consented refusal or a refusal under a common understanding of any number of persons employed or a concerted interruption or work performance on a go slow basis by number of work performance compelling their employer or any person on body of persons employing them to accept or not to accept terms or conditions affecting employment or as defined by the law of the land.
5.20 “Lock Out”
Status quo – Shall mean the right of an employer to lock out employees in respect of a dispute of interest as defined by Law of the Land.
5.21“Appendix”
Status quo – Shall mean an attachment or addendum to this Agreement and shall be read as part of the Collective Agreement.
5.22 “Gender”
Status quo – Gender Shall include or apply to both male female and genders, unless specifically applied.
4.23 “Redundancy”
Status quo – Shall mean retrenchment or reduction of manpower, arising from compulsory re-organization of employees established to strengthen department, or section or unit of operations, owing to economic circumstance beyond control of the employer an as defined under relevant articles of the Labour Laws.
5.24 “Dependent”
Status quo – Shall mean husband/Wife and any four (4) children of an employee (whether biological or legally adopted) of not more than 18 years unless those above years and still schooling.
5.25 “Repatriation Allowance”
Status quo – Shall mean transportation costs of an employee, his immediate family members and his personal affects up to the place of domicile.
5.26 “Place Of Domicile”
Status quo – Shall mean place of birth of an employee or any other place according to the registration form of an employee.
6.0.0 RECRUITMENT/APPOINTMENT AND METHOD.
6.1 A person may take up employment/be recruited by the Employer on a specific written contract of service mutually agreed.
6.2 Status quo - In order to avoid discontent by either party any time during or after a contract, each contract of service shall, as far as possible specify the salary and wages and other terms and conditions attached to the post and that, all this information shall be briefly made out in writing.
6.3.0 Generally, there shall be two types of contract of service as spelt out hereunder.
6.3.1 Special contract of Service”
Status quo -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 any age limit, provided always that the person taking up the employment is not below the age required by the law of the Country. However this group is not entitled to collective bargaining benefit.
6.3.2 Permanent and Pensionable Contract of service”
Status quo –Whereby an employee takes employment on permanent and pensionable terms. This is the type of employment in which a person can work up to a certain age specified by the Laws of the Country with qualification or end of service benefits also attached to a certain number of years of service in the employment of the employer. However employees who are engaged under this type of contract shall first be appointed on probation period which shall not exceed six months.
6.3.3 Status quo - In all case any person employed by the company shall be provided with a job description.
7.0 EMPLOYEE/EMPLOYER OBLIGATIONS.
7.1 Status quo - For the purpose of good employee/employer relations and the fulfillment of legal requirement, both parties are expected to adhere strictly to their obligation.
7.2 Status quo - The main obligation by either party in relation to paragraph 7.1 above are total adherence to:-
7.2.1 Status quo - The requirement and/or provision of the Labour Laws or Rules or Regulations of the Country.
7.2.2 Status quo - The requirement and/or provision of the Collective Agreement and any other matters mutually agreed between the parties.
7.2.3 Status quo - The requirement of any Company written rules or the Labour Laws or regulations known to the union.
8.0 WORKING HOURS
8.1 Status quo - The Company shall have five working days per week with a total of 45 working hours, Sunday and Public holidays shall be treated as rest days.
8.2 Status quo - Work shall commence at 8.00 hours to 17.00 hours and lunch break shall be between 13.00 hours to 14.00hours. However timing schedule of work will change for those employees under shift work.
9.0 STAFF/SERVICE REGULATIONS
9.1 Status quo - There shall be written rules which stipulate almost all what is required of an employee as Guidance which forms part of this agreement.
9.2 Status quo - East African Elevator Company Limited has more than one station area of operation and as such some employees may be moved from one area to another.
9.3 Whereas movement of this nature is at the discretion of Management, this shall be done on prior consultation with the General Secretary of the union where transfer of the Chairman, Secretary and Committee Members of the Union Field Branch is involved.
9.4 Status quo - In all cases, any move to transfer an employee to another
station should be communicated to the Union Branch field so Office or that it is made aware of it to adjust its records for Union Membership purposes.
9.5.0 An employee transferred shall be paid:
9.5.1 Status quo - Two months gross salary as disturbance allowance.
9.5.2 Status quo - Transport costs for the employee and his/her spouse, children and personal effects cum household removals of an average of 3 tons.
9.5.3 Status quo – Company shall either arrange for the employee’s accommodation at the new duty station or pay the employee per diem allowance for a period of one month.
9.5.4 Status quo – Be paid meal allowance (according to the grade of the employee) on each traveling day per employee plus husband/wife and four dependants for a maximum of 3 days.
10.0 EMPLOYMENT REMUNERATION
10.1 Status quo - While in the service of the Company, an employee, shall qualify for the employment remuneration as stated hereunder, the specified amounts or figures of which are revisable from time to time through mutual agreement.
10.2 Annual increase of salaries shall be affected in consideration of the following.
10.2.1 Status quo - Any changes in Labour Laws as regards to minimum pay (Policies, Rules and orders), the employees contribution to the overall Company results and as per annual staff appraisal.
10.2.2 Status quo - Cost of living index/Inflation
10.2.3 Status quo - Ability to pay.
11.0 OVERTIME PAYMENT
11.1 Status quo - This is compensation to workers for work done beyond normal working hours and is computed daily as follows.
11.1.1 Ordinary Overtime
Status quo - Extra hours worked during ordinary days shall be paid at time and half, i.e. normal rate plus 50%.
11.1.2 Double Overtime
Status quo - All hours worked on a Public Holiday, Saturday, Sunday or employee’s normal day of rest shall be paid at double the normal rate i.e. normal rate plus 100%.
11.1.3 Night work
Status quo – The employer shall pay 5% of that employee’s basic wage for each hour worked at night and if the hours worked are overtime hours, the 5% shall be calculated on the employee’s overtime rate (as specified in Section 20 (4) of Labour Laws.
12.0.0 ALLOWANCES
12.1 Responsibility/Acting allowance
Status quo - Where an employee is required to temporarily perform a job in amore senior or higher position for a minimum of 15 days within one calendar month which increases the workload, he will be communicated to in writing by Management. The employee shall be paid additional 30% of his monthly salary prorated as Responsibility allowance.
13.0 SUBSISTENCE ALLOWANCE
13.1 An employee traveling on duty to up-country stations will be entitled to the following payments:-
13.1.1 Status quo - Shall be paid fare to and from the station by the effective means of transport.
13.1.2 Shall be paid out of station allowance per day as follows:-
Category | In the Country TSHS |
-Heads of Departments | 60,000/= |
-Senior Staff/Managers | 50,000/= |
-Supervisors | 45,000/= |
-Technicians/others | 40,000/= |
14.0 ANNUAL BONUS
14.1 Status quo - Bonus shall be paid to the workers according to performance of the company.
15.0 TERMINATION OF SERVICE
15.1 Status quo - Termination of service shall means discontinuation of service of an employee by the employer or by the employee through giving a notice or absconding.
16.0 NOTICE
16.1 The employer/employee shall write a letter for the action stating elaborately the reasons for termination with a copy to the Union Field Branch Committee.
16.2 The employer/employee shall give 30 days notice or payment of one month’s basic salary in lieu of the notice.
17.0 TERMINAL BENEFITS ON TERMINATION OF EMPLOYMENT BY EMPLOYER ON GROUNDS OTHER THAN DISCIPLINARY ACTION
17.1 Payment shall be:-
17.1.1 Status quo - One month’s gross salary in lieu of notice
17.1.2 Status quo - Payment of any leave days accrued
17.1.3 Status quo - Any salary due to the day of termination
17.1.4 Status quo - Facilitation, assistant of Social Security Fund (NSSF) and other Pension’s Scheme’s benefits.
17.1.5 Status quo - Repatriation allowance
17.1.6 Status quo - Handshake allowance of 2 month current gross salary for each year of service up to a maximum of 15 years.
17.1.7 Severance pay as defined by the Employment and Labour Relations Act 2004 Section 42.
17.1.8 The Terminated Employee shall be paid his terminal Benefits before or on the last day of work. Failure to that the Terminated employee shall continue receiving salaries with other benefits until the date when his/her benefits shall be paid.
18.0 REDUNDANCY PROCEDURE
18.1 Status quo - This shall mean discontinuation of employee’s service through reduction of Company labour force after necessity to o so has been established an mutually agreed.
18.2 Status quo - Both parties i.e. employer and employee’s Trade Union must do their best to make sure this does not happen.
18.3 The Management shall do the following before any redundancy/ Retrenchment exercise takes place:-
18.3.1 Explain clearly in writing to the Union two month’s prior to the implementation of the intending exercise.
18.3.2 Spell out the number of employees to be affected.
18.4 Criteria for Redundancy/Retrenchment
18.4.1. Both parties must agree on the criteria for exercise centering on the following:-
18.4.1.1 First in Last out (FILO) method
18.4.1.2 Voluntary redundancy/departure
18.4.1.3 Weaker performer
18.4.1.4 The Management shall prepare the list and inform the Union field branch.
19.0 REDUNDANCY RETRENCHMENT TERMINAL BENEFITS
19.1 The company shall pay the following:
19.2 Status quo - One month notice to the employee or payment of one months salary in lieu thereof
19.3 Status quo - Two (2) months gross salary for each year worked up to a maximum of 10 years
19.4 Status quo - Repatriation allowance
19.5 Status quo - Shall be paid travel meal allowance per employee plus husband/wife and 4 dependants at the ruling rate.
19.6 To pay severance allowance at the rate of 20 days for each year of service for a maximum of 20 years
20.0 BURIAL ASSISTANCE
20.1 ON DEATH OF AN EMPLOYEE
20.1.1 Status quo - The Company shall meet the costs of coffin and sanda
20.1.2 Status quo – Payment of any leave due to the deceased.
20.1.3 Status quo – One month’s gross salary as condolence to the bereaved Family/dependants.
20.1.4 Severance pay as per clause 19.1.5 of this Collective Bargaining Agreement.
20.1.5 Status quo – Facilitation of NSSF pension.
20.1.6 Status quo – Company shall provide transport to the place of burial
20.2 ON DEATH OF DEPENDANTS
Status quo – Dependants shall be restricted to the following:-
20.2.1 Status quo – Husband or wife
20.2.2 Children under 18 years or still dependant
20.2.3 Status quo – Father or mother
20.2.4 Status quo – Father in-law or mother in-law
20.2.5 Status quo – The Company meets the following costs in respect of the death of the above mentioned dependants:
20.2.5.1 Status quo – Coffin and sanda
20.2.5.2 Status quo – Transport up to the place of burial
20.2.5.3 Status quo – One month’s gross salary as condolence.
21.0 RETIREMENT
21.1 Status quo – The compulsion retirement age is 60 years.
21.2 Status quo – Handshake allowance shall be 2 months gross salary for each year of service up to a maximum of 15 years.
21.3 Status quo – Other benefits shall be as follows:-
21.3.1 Status quo – One month’s gross salary
21.3.2 Status quo – Payment of any leave due
21.3.3 Status quo – Payment of salary due upto the date of retirement
21.3.4 Status quo – Repatriation allowance i.e. transportation costs for the employee, his/her family and personal effects upto the place of domicile.
21.3.5 Status quo – Severance allowance at the rate of seven days gross salary per year of service multiplied by the number of years of service.
21.3.6 Status quo – Facilitation of NSSF Pension benefits.
22.0 EARLY VOLUNTARY RETIREMENT
22.1 Provided an employee has served the company for at least 10 years and is 55 years of age may apply for Early Retirement.
22.2 Status quo – The employee shall give 3 months notice
22.3 Status quo – The employee shall be paid leave days accrued.
22.4 Status quo – The employee shall be paid gross salary to the day of retirement
22.5 Status quo – Facilitation, assistance of Social Security Fund (NSSF) and other Pension Scheme’s benefits.
22.6 Status quo – Repatriation allowance
22.7 Status quo – Handshake allowance of two months of gross salary for every year of service up to a maximum of 5 years.
23.0 TERMINATION OF SERVICE ON MEDICAL GROUNDS
23.1 Status quo – This is discontinuation of service as a result of ill-health, physical or mental incapacitation as approved by a recognized Medical Board/government Hospital. The employer may seek another opinion from another doctor or Medical Institution.
23.2 Status quo – Termination shall be as per the provisions of the employment Labour Regulation Act of 2004.
23.3 Status quo – Handshake allowance of two months of gross salary for every year of service up to a maximum of 5 years.
23.4 The terminated employees shall be paid his/her terminal benefit before or on the last day of work. Failure of which the terminated shall continual receiving monthly salaries and other employment benefits until the date when final benefits shall be paid.
24.0 SICK LEAVE
24.1 Status quo – Sick leave shall be computed as per the Employment Labour Regulation Act of 2004.
24.2 Status quo – When an employee exhausts the sick leave and sickness continues, his/her service may be terminated on medical grounds and be entitled to payments of terminal benefits as stipulated in 17.0 to 23.3 above.
25.0 LEAVE ENTITLEMENTS
25.1 Status quo – Leave Accrual
25.1.1Status quo – No leave shall be accumulated for more than two years, unless at the request and agreement of the employer.
25.1.2 Status quo – Any employee who proceeds on leave shall be paid his/her gross salary in advance only if the pay day falls during the leave period.
25.1.3 Status quo – If an employee wishes to go on leave he shall make an application on the prescribed form.
25.1.4 Status quo – Employee shall not pay employee an amount of money in substitution of the annual leave to which employee agree to such payment (as specified in section 31(7) of labour laws).
25.2 Leave Travel
25.2.1 Status quo – Annual leave may be granted on application. The Company shall bear travel costs as listed below.
25.2.1.1 Status quo – The employees proceeding on leave shall be entitled fare of T.shs 250,000/= for each annual leave and to be reviewed accordingly.
25.3 Maternity/Paternity Leave
25.3.1 Status quo – A female employee shall be entitled to 84 calendar days leave on full pay once in every three years
25.3.2 In case of illness which arises as a result 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 on recommendation of a Medical Doctor
25.3.3 Status quo – Female employees will be allowed two hours for breast feeding for 12 months after maternity leave
25.3.4 Status quo – Male employees will be entitled to paternity leave of seven calendar days.
25.4 Compassionate Leave
An employee shall be entitled to 5 working days leave which is not deducted from annual leave. Compassionate leave shall be granted upon death of spouse, father/mother, direct brother/sister and direct dependant.
26.0 MEDICAL SERVICE
26.1 Status quo – The company shall bear medical costs at Fee Paying wards and/or clinics to all employees, their spouses and own/legal adopted children up to a maximum of 4 children of not more than 18 years old. Except for children above 18 years who are dependants of their parents for reasons of pursuing school. This will be applicable to identified Hospitals except in emergency cases the employer shall reimburse 100% of medical costs provided that the costs have been communicated to the company with collaterals (evidence).
26.2 Status quo – An employee referred to a distant hospital within Tanzania which is out of his or her place of work or stay shall be paid transport/fare only to and from the hospital. The company shall also pay for treatment expenses, accommodation and meals.
27.0 ACCIDENTS COMPENSATION AND DEATH BENEFITS
27.1Status quo – Coverage and Policy – as per East African Elevator Company Limited insurance policy on workmen’s Compensation.
27.2Status quo – 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 place during execution of official duty shall be reported to the police or other authority nearby.
28.0 LOANS, TYPES, ELIGIBILITY AND REPAYMENT
28.1 Status quo – The Company may provide loan to permanent employees after considering the financial position of the company and the ability of the employee to repay the loan amount.
28.2 Type of loans that may be accessed:
28.2.1 Status quo – Motor vehicle
28.2.2 Status quo – Motor cycle
28.2.3 Status quo – Bicycle
28.2.4 Status quo - School fees
28.2.5 Status quo - Furniture
28.2.6 Status quo - Building materials.
28.3 Status quo – Repayment period –s shall be up to 12 months and in special cases extended to 24 months as long as the deductions are not more than 2/3 of his/her net salary.
29.0 PROTECTIVE CLOTHING/UNIFORMS
29.1Status quo – Management shall provide suitable or appropriate protective clothing to relevant employees effective by 6th month of the financial year and this is two pairs per year.
30.0 LONG SERVICE AWARD
30.1 The Company shall give long service award to employees on completing continued service of 10 to 25 years respectively, whereby the award values will be as follow:-
10 years of serviceTshs 1,000,000/=
15 years of service Tshs 1,500,000/=
20 years of service Tshs 2,000,000/=
25 years of serviceTshs 2,500,000/=
The Management and the Union shall meet to make arrangement in awarding the deserving employees.
30.2 Best Workers Awards.
30.2. 1 Status quo – There shall be a system of selecting and awarding the workers annually as may be set up and best decided by the Management and the Field Trade Union.
30.2.2 Status quo – The Management and Union at Branch level shall determine on best worker. The annual best worker shall be awarded not less than Tshs 500,000/=
30.2.3 Status quo – The best workers shall be awarded at May Day Celebrations.
31.0 CERTIFICATES OF SERVICE AND RECORD REQUIRED
31.1 Status quo – On termination of service, employees shall be issued with a certificate of service with the following information stated:-
31.1.1 Status quo – Name of Employer
31.1.2 Status quo – Name of Employee
31.1.3 Status quo – Nature of Duty
31.1.4 Status quo – Date of Engagement
32.0 GRIEVANCE SETTLEMENT AND PROCEDURES
32.1 Status quo – Where either party to this agreement is not in agreement with an action by the other on matters of concern to Industrial Relations 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 Commission for Medication and Arbitration or Labour court.
32.2 Status quo – 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 of the grounds of discontent.
33.0 AMENDMENT AND PROCEDURE
33.1 Status quo – Any clause and or provision within this agreement may be amended or modified at the request of either party, provided always that the party so seeking amendment shall give written notice of not less than 3 months to the other of the intention to do so and that such amendment shall be mutually discussed and agreed by the parties.
34.0 EFFECTIVE DATE, DURATION
34.1 This Agreement comes into force on …………..……………………. and shall run for 2 years up to ………………………….………………….
34.2 Status quo - Notwithstanding paragraph 34.1 this Agreement shall stand effective until replaced by another.
34.3 Status quo – Parties undertake to effect negotiations on a new Agreement 3 months before expiry of this Agreement.
34.4 The Parties hereto have set their hands in Dar es Salaam on this …………………………………………………..
In the presence of subscribing witnesses:
For and on behalf of
EAST AFRICAN ELEVATOR
COMPANY LIMITED
JUSTIN A. LYATUU
GENERAL MANAGER/DIRECTORBUHARI R. SEMVUA
DEPUTY SECRETARY GENERAL
For and on behalf of
COMMUNICATION ANDTRANSPORT WORKERS UNION OF TANZANIA “ COTWU (T)”
HAMIS MAPUA
EAST AFRICAN ELEVATOR COMPANY LTD
COTWU (T) FIELD BRANCH CHAIRMAN
Witnessed by:
EAST AFRICAN ELEVATOR
COMPANY LIMITED
Witnessed by:
VICTOR B. MSAKI
OFFICE MANAGER
NATHALIS F. GWADA
EAST AFRICAN ELEVATOR COMPANY LTD
COTWU (T) FIELD BRANCH SECRETARY
Dated this ………………….. day of ………..……..