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COLLECTIVE BARGAINING AGREEMENT BETWEEN TANZANIA MINES, ENERGY, CONSTRUCTION AND ALLIED WORKERS UNION {TAMICO)

AND MIDWEST MINERALS PROCESSOR LTD

1.0. PREAMBE

We, Tanzania Mines, Energy, Construction and Allied Workers Union (Known in a short form as TAMICO) and the Management Midwest Minerals

Processor Ltd (as employer) of P.O.Box...Tel.Nodo here by

agree and confirm that on our own free will and mutual understanding have reached an agreement on the following areas of service and employment.

2.0. RECOGNITION.

(a)The Employer recognizes and respects TAMICO as the sole Workers Trade Union representing their interests in any matter concerning Term and Condition of Employment.

(b)TAMICO similarly recognizes and respects Midwest Minerals

Processor Ltd. as Employer of all Workers of the Company and its Subsidiary Companies.

(c)The employer agrees to assist the union in collection of membership) dues is follow/ conditionality: -

(i)That every Worker who is member of the union will have to sign

Designated forms requesting the management to deduct the Union due from his salary and submit to the Union Account No. 010103005860 NBC Kichwele Branch Dar es Salaam.

(ii)The Employer will prepare the list of the Employees from whom

the dues were deducted and submit to the Union Headquarters for accounting purposes.

(iii).At all times the Union has attained over 50% of the Workers membership the Employer will deduction the Union service dues of equal to membership monthly dues from the wages of all the Employees who are not yet Union members' and likewise submit the same to the Union Account No. 019103005860 NBC Kichwele Branch Dar es Salaam.

(iv)The Employer will prepare the list of names of the Employees from whom the service dues were deducted and submit to the union Headquarters in Dar es Salaam.

(v)From then on the employer will recognize TAMICO as Sole Bargaining Agent

for its employees.

3.0. APPLICATION

(a)All rights and privileges contained in this agreement will apply to all Midwest Minerals Processor employed members of TAMICO

(b)Each individual member of TAMICO is responsible for the contents of this agreement signed on his/her behalf by TAMICO officials.

(c)When the Employer deducts union service dues from the non - employees, this agreement will apply to all persons employed

unionized by the Company except the non - Tanzania employees.

(d)This agreement is not applicable to Migrant Workers (143 ILO Conv.) and the ex-patriates brought in by the Company as experts.

(e)This agreement will apply as soon as signed by the union and the

Employer

(f).The agreement will remain enforce for a period of twelve months from the date of signing but it may be extended by written agreement of the two parties.

3.1. Interpretation:

(i)The Union means Tanzania Mines, Energy, Construction and Allied Workers Union (TAMICO).

(ii)The employers mean the management of the Midwest Minerals Processor Ltd.

(iii)Foreigners - Workers who are not Tanzania citizens or those working under foreign contract of employment with the employer.

(iv).Skills - Means Educational/ Technological capability required for the job performance.

4.0 EMPLOYENT

(a). All employment contracts priority must be given to citizens of the United Republic of Tanzania (Local Workers). Except where no local personnel is available with the skills.

b)Managerial posts to be solicited in Tanzania but due to criteria and provisional qualification, if no body meets the requirement the company can recruit from outside the country after Board of Directors’ authorization for same.

c)Whenever there is a vacancy for a permanent employment the priority shall be given to seasonal workers who have worked for the company for more than six - months depending on the possession of the skills for the job.

d) PLOBATION

(i)All Employees employed under Monthly Contract will under go three probation period during which the employment may be terminated without notice by either employer or the employee.

Before or during probation period the employer at his own cost shall make a medical check up of employee. So as to prove employees state of health and the result will be considered as a confidential document which will not be released to a third party without the consent of the employee.

5.0. EMPLOYMENT STANDARDS

(a)Must be adhered as stipulated in the scheme of service, company staff regulations, collective agreement and the Labour Laws.

(b)Under no circumstances nor reasons will gender discriminatory actions, behavior or treatment to the female employees be allowed in all company’s work areas.

(c)Should a need a rise for searching at the gate or in the company’s Promises rules for decency must be observed. Female employee should be searched by another female. No male employee will search female employee.

(d)All employees of the same employment sector should be equally treated in numerations, leave and permission of absence from work etc. Without regard to the gender preference.

e) Should u need a rise for searching an employee property or his place of work or residence he/she must present with some other witness preferably a union branch leader.

(f).No discriminatory language or behavior of looking upon one race or nationals as particularly prone to thefts laziness or any other poor work performance shall be allowed at place of work because the management is always at liberty to apply disciplinary action to any poor work - performers.

(g) All gates, doors or outlets to the mines should always be left open and doors should be opened outwardly to facilitate easy escape by working persons should a need a rise eg. In a case of accident.

(h)For the employees working in underground pits should be provided with protective gears/ clothes, clover, shoes, gloves and other amenities.

(i)The provision of fresh clean drinking water and reliable food should be taken care of so as to safe guard workers’ health, efficiency and harmony at work - place.

6.0. TERMINATION OF EMPLOYMENT AND RESIGNATION

(a) For basic reasons, whenever necessary, the employer may terminate the service of an employee by giving him/ her a notice as follows:-

i.All employees who have worked for the company for less than six months should be given one month notice.

ii.Employees who have worked for more than one year should be given three months notice or three months salary in lieu of notice.

iii.An Employee may terminate or resign service by giving a notice of one month or one month salary in Jieu of notice.

7.0. RETIREMENT

Every employee will have to retire voluntarily at the age of 55 years and compulsory at the age of 60 years according to the Employment Labour Relation Act. An Employee who retires due to old age 55 - 60 he should be paid a Golden shake hand as follows:-

(a)He/ She will be paid TWO months salary times number of years

(b) Transportation of Luggage’s 7 tons to place of domicile, severance pay.

(c)Full fare for his/her, wife/ husband and four children to place of domicile.

(d)Employee to be awarded 50 pcs of corrugated iron sheets of 28 gauges.

(e)Employee to be awarded 50 bags of cement weighing 50 kgs each.

(f)These payments be in addition to his all other statutory entitlements under the labour laws of the country.

8.0.MEDICAL CARE.

Should the need for terminating employment contract on medical ground

arise, the following will be observed:-

(a)The Doctor should certify to that .effects and should show if the cause of incapacity work, related or natural causes.

(b)If the cause of incapacity to work is due to employment related and is a curable disease/ cause the employee will be paid compensation of two month’s salary for every year of service he worked for the employer. The employee will have to be legally terminated due to incapacity due to incurable ill - health.

(c)If the incapacity is due to cause not related to work and he is certified incapable to work he will retired on terms and condition stated in the Employment and Labour relations Act. No. 6 of 2004.

(d)The Payment of this compensation for job - related causes will be in addition to statutory compensation paid under the Tanzania Laws of the worker men’s compensation currently in force.

9.0. REDUNDANCY

(a)Redundancy measures shall be taken only when it is inevitable and The Employer shall inform TAMICO Branch Committee and TAMICO Regional Office of his intention to restructure six month before redundancy.

(b)When selecting the list of those to be laid off those with special work problems should be the first to go special problems means those with chronic disciplinary matters, sick - records; after this list is exhausted the first employed should be the last out.

(c)Other redundancy benefits shall be discussed with TAMICO before redundancy implementation.

(d)Union leaders should be the last to be given redundancy.

(d)Employee to be awarded 50 pcs of corrugated iron sheets of 28 gauges.

(e)Employee to be awarded 50 bags of cement weighing 50 kgs each.

(f)These payments be in addition to his all other statutory entitlements under the labour laws of the country.

8.0. MEDICAL CARE.

Should the need for terminating employment contract on medical ground

arise, the following will be observed:-

(a)The Doctor should certify to that effects and should show if the cause of incapacity work, related or natural Causes.

(b)If the cause of incapacity to work is due to employment related and is a curable disease/ cause the employee will be paid compensation of two month’s salary for every year of service he worked for the employer. The employee will have to be legally terminated due to incapacity due to incurable ill - health.

(c)If the incapacity is due to cause not related to work and he is certified incapable to work he will retired on terms and condition stated in the Employment and Labour relations Act. No. 6 of 2004.

(d)The Payment of this compensation for job - related causes will be in addition to statutory compensation paid under the Tanzania Laws of the worker men’s compensation currently in force.

9.0. REDUNDANCY

(a)Redundancy measures shall be taken only when it is inevitable and The Employer shall inform TAMICO Branch Committee and TAMICO Regional Office of his intention to restructure six month Before redundancy.

(b)When selecting the list of those to be laid off those with special work problems should be the first to go special problems means those with chronic disciplinary matters, sick - records; after this list is exhausted the first employed should be the last out.

(c)Other redundancy benefits shall be discussed with TAMICO before redundancy implementation.

(d)Union leaders should be the last to be given redundancy.

(e)Terminal Benefits

(i)Employee will be paid four months Salary in lieu of notice.

(ii)Transportationof his/her family and belongings not exceeding 7 tons to place domicile using available means of transport like Road and Railways.

10.0. LEAVE

(a)Employee are entitled to 30 days annual leave which will be taken

according to leave circle.

(b)The employer shall provide fare to employee and family up to place of domicile.

(c)Maternity leave of 90 days shall be provided to female employees and 7 days paternity paid leave to husband or male employee.

(d)Sick leave - Employee will be granted six months sick leave paid Full salary. Employee may be terminated on medical grounds after doctor’s confirmation after that period.

(e).Leave allowance of Tshs. 150,000./= to be paid to an employee proceeding on leave per year.

11.0. INCENTIVES.

(a). The employee in 'essence of increasing productivity at work place will provide the following motivation to employees:-

(i)House allowance (2 rooms x 20,000/ = @ 40,000/= per month.

(ii)Transport allowance (2, 500 x 5 x 4 weeks). Tshs 50,000/ =

Per month.

(iii)Hardship underground allowance Tshs 30,000/= per day.

(iv)Milk allowance (1000/= x 5 x 4 weeks.) Tshs. 20,000/ = per month.

(v)Medical allowance Tshs. 50,000/= per month.

(vi)Out of station allowance TshS 70,000/= per day.

(vii)Responsibility allowance categorized due to rank 5 - 20% of basic salary per month.

(b)Loans

The company will provide non interest loans to workers as follows:-

(i)Cash loans for emergency issues like school fees to children, death and illness.

(ii)Loan for building houses purchase of furniture and other Commodities

(iii)Loan should be recovered from monthly salary deductions which should not exceed 20% of the monthly salary.

(c)Training

(i).The employer will provide workers education indoor and colleges to enable workers acquire new knowledge and skills to perform better to increase production at work place. The employer shall support members/leaders

of TAMICO in all the training activities indoor and outdoor.

(d) Long Service Award.

(i)The employer and the Union Field branch shall select best workers every year during May day Celebrations. Types of award will be arranged by the meeting concerned.

(ii)The Union shall provide a certificate to the best workers and employer shall provides prizes and transport of employees to the celebration .grounds.

(iii)If we should be directed to select one National best worker who is going to be awarded his/her certificate by Hon. President, the employer shall provide to him/her not less than Tshs. 1,000,000/= as award.

(f) Overtime

An employee who works on Agreed overtime exceeding normal working hours shall be paid as follows:-

(i)Ordinary days shall be paid three times normal hourly rate.

(ii)Public Holidays and Sundays worked hours ,x 4 hourly rate

(iii)Night Allowances to be paid three hourly rate.

(iv) Standby allowance 20,000/= per day

12.0. TAMICO MEMBERSHIP

a)Any employee eligible for the membership shall become member immediately from the effective date of this agreement.

b)Any new employee shall be required to become the Union member immediately after he is employed by the company.

c)Because we have achieved 50+1 percent all employees be deducted Union dues and submit to Headquarters account within 10 days after deductions.

13.0. SALARY

(a)Salary do not include allowances

(i)Minimum salary shall be 350,000/= per month

(ii)Salary scale/structure shall be discussed after every one year.

(iii)Salary scale/ structure shall be discussed with employer and the Union in the bargaining meeting.

14.0. WORKERS TRAINING

Workers committee should be trained well to be conversant with the Labour Laws.

(a)Employer shall provide transport for the workers/ members to/ from the place of seminar.

(b)Members will be paid per diem as if out of the station for duty.

(c)Union shall provide Accommodation.

(d)Union shall bear cost of facilitators

(c) Union shall provide all handouts for the seminar participants.

(f) In case of seminar is held in the Employers premises the employer shall bear cost of facilitators.

15.0 DISPUTY MACHINERY

(a) It is agreed that disciplinary matter shall be dealt with in

accordance to the Labour Laws Act Number 6 of 2004 and the Labour Institutions Act No. 7 of 2004.

(b) Both parties agrees that each part, shall play a role of

Maintaining harmonious Industrial Relations so as to avoid Labour conflicts; therefore know how to use very peaceful and lawful means to maintain our relations.

16.0 DEATH AND FUNERAL

(a) If the Employee passes away the

Employer shall bear the following costs:-

(i)Coffin and Accessories

(ii)Transport the body up to place of Domicile

(iii)Provide condolence of an amount of Tshs 2,500,000/= to the Employee family.

(b)If the Employee’s family member dies i.e. wife, children and husband.

The Employer shall provide the following:-

(i)Coffin and Accessories

(ii)Condolence of an amount of Tshs. 1,500,000/ =

(iii)Transport the body up to burial place in the United of Republic of Tanzania.

(c)If the employees parents i.e. mother, father passes away the Employer shall provide condolence of an amount of

Tshs 1,000,000/= to enable the concerned person to travel fast to place of death before burial takes place. Leave of 15 days not to be deducted from annual.

17.0.DURATION OF THE AGREEMENT

(a).This Agreement shall take effect fromand

Shall be valid for from the effective date.

(b).Notwithstanding, what was said in above this agreement will remain valid until is replacement by a New Agreement.

(c).Both parties will have right to review or amend any clause of this agreement by giving a written notice of one month.

(d).Should the present Employer sale his share or should Midwest Minerals Processor Ltd. ownership change to another owner or share holders before the expiration of this agreement, the new owner will inherit and implement this agreement for the duration of its validity.

CONCLUSITION

We hereby confirm/conclude this agreement by signing here under this dateday of 2010:

For and on behalf of

TANZANIA MINES, ENERGY, CONSTRUCTION AND ALLIED WORKERS UNION (TAMICO),

P.O. BOX 1191,

SHINYANGA.

1.Name:

Rank:

Signature:

2.Name:

Rank: ,

Signature:

3.Name:

Rank:

Signature:

For and on behalf of

Midwest Minerals Processor LTD.

P.O. BOX 218,

MWADUI.

1.Name:

Rank:

Signature:

2.Name: ......

Rank:

Signature:

3.Name:

Rank:

Signature:

TZA Midwest Minerals Processor Ltd - 2010

Start date: → 2010-07-18
End date: → Not specified
Ratified by: → Ministry
Ratified on: → 2010-07-18
Name industry: → Extraction, mining, quarrying
Name industry: → Other mining and quarrying
Public/private sector: → In the private sector
Concluded by:
Name company: →  Midwest Minerals Processor Ltd
Names trade unions: →  Muungano wa Wafanyakazi wa Uchimbaji Madini na Ujenzi 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): → 100 %
Maximum days for paid sickness leave: → 180 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → 
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 13.0 weeks
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: → No
Paternity paid leave: → 7 days

EMPLOYMENT CONTRACTS

Trial period duration: → 90 days
Part-time workers excluded from any provision: → 
Provisions about temporary workers: → 
Apprentices excluded from any provision: → 
Minijobs/student jobs excluded from any provision: → 

WORKING HOURS, SCHEDULES AND HOLIDAYS

Paid annual leave: → 30.0 days
Paid annual leave: → 4.0 weeks
Provisions on flexible work arrangements: → 

WAGES

Wages determined by means of pay scales: → Yes, in one table
Provision that minimum wages set by the government have to be respected: → No
Agreed lowest wage per: → Months
Lowest wage: → TZS 350000.0
Adjustment for rising costs of living: → 0

Premium for evening or night work

Premium for evening or night work: → TZS  per month
Premium for night work only: → Yes

Payment for standby work

Payment for standby work: → TZS 20000.0
Payment for standby work Sundays only: → No
Payment for standby work all days per week: → Yes

Extra payment for annual leave

Extra payment for annual leave: → TZS 150000.0

Premium for overtime work

Premium for overtime work: → 300 % of basic wage

Premium for hardship work

Premium for hardship work: → TZS 30000.0 per month

Premium for Sunday work

Premium for Sunday work: → 300 %

Allowance for commuting work

Allowance for commuting work: → TZS 50000.0 per month

Allowance for seniority

Allowance for seniority: → TZS 1000000.0 per month

Meal vouchers

Meal allowances provided: → Yes
→ 20000.0 per meal
Free legal assistance: → 
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