THE REPUBLIC OF UGANDA, IN THE MATTER OF THE LABOUR UNIONS ACT 2006, IN THE MAHER OF THE EMPLOYMENT ACT 2006, AND IN THE MAHER OF COLLECTIVE BARGAINING AGREEMENT

BETWEEN

AND

UGANDA HOTELS, FOOD, TOURISM, SUPERMARKETS 1 ALLIED WORKERS’ UNION (HTS-Union)

COLLECTIVE BARGAINING AGREEMENT

This Collective Bargaining Agreement made on this BA' 4th day of April, 2023

BETWEEN

MAJID AL FUHAIM HYPERMARKETS UGANDA LIMITED of P. O. BOX 12295, Kampala (hereinafter called the “Company" which expression shall unless the context otherwise requires, include its successors in title and assigns) of the one part

AND

UGANDA HOTELS, FOOD, TOURISM, SUPERMARKETS & ALLIED WORKERS’ UNION (HTS- Union) of P.O.BOX 3799 Kampala (hereinafter called the “Union”) of the other part

PART ONE - GENERAL:

Section 1. Affirmation and Preamble

1. Cognizant of Article 29 and 40 of the National Constitution, the Labour Unions Act, 2006, the Employment Act 2006 among others, especially on Representation and Collective Bargaining; do hereby agree as follows: -
   
2. The Company is a limited liability company incorporated and carrying on business as a hypermarket/supermarket under the laws of Uganda;
   
3. The Union is a labour union duly organized and registered under the laws of Uganda to promote and defend the rights and interests of persons employed in the hotel, food, supermarkets and tourism sectors;
   
4. The Company and the Union hereby do agree to enter into a Collective Bargaining Agreement ("CBA") for employees on all matters concerning the terms and conditions of employment of the bargaining unit employees employed by the Company as represented by the Union;
   
5. In industrial relations situations where the RA and or CBA is silent, the Human Capital Manual as an internal management tool will be referred to as long as it does not contradict the law.
   

NOW THEREFORE IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

Section 2: Definitions

a) In this Agreement, "CBA" means Collective Bargaining Agreement with direct eference to this very Agreement.

b) Employee; shall mean any person has entered into a contract of employment with the Company.

c) Migrant Worker: Shall mean any person who has entered into a contract of employment with the Company in non-top managerial position, who is not a Uganda national but hailing from any other country.

d) "Disciplinary Committee” Means that Committee composed of both management and Union representatives that is responsible for discharging and dispensing off disciplinary cases concerning employees.

f) "Bargaining Unit” this means the categories of employees that fall within the unionizable grades as opposed to those identified under management herein.

g) Insubordination at workplace: (Minor and or Gross) Shall mean an employee's intentional refusal to obey lawful and reasonable orders from his/her superior at workplace whose determination shall be subjective depending on the situation and determined by the Disciplinary Committee.

h) “Lay off” means the temporary or permanent cessation of employees' service in circumstances where the Company decides that the circumstances require a temporary reduction of personnel or hours of work.

i) “Redundancy” means the involuntary loss of employment arising from a situation where: The Company has ceased or intends to cease to carry on the business for the purposes of which the employee was employed or to carry on that business in the place where the employee was so employed or the Company is carrying out a restructuring of its operations.

j) “Management" shall refer to the Managing Director/ Directors, General Manager, and Branch/ Store Managers if any.

l) "Resignation” When an employee officially and procedurally stops or terminates his/her contract at his/her discretion/decision.

m) "Termination” This refers to the situation where either the employer/manager or the employee stops the employment appoiniment/contract.

n) "Shop Steward(s)” means a member of the Union elected by other members to represent them in dealings with the Company and "Chief Shop Steward” shall mean the head of Shop Stewards.

o) "Retirement" in this agreement shall mean an employee who ceases to work with ^^Ug company on the following grounds;

Retirement Age of 55 (fifty-five); Medical unfitness; Voluntary retirement at Wb \*V^Q (fifM years of age, after working with the Company for more than 10 years; Voluntary retirement after working with the Company for more than 15 years irrespective of the age

Section 3. Purpose and Scope of the Agreement

a) The purpose of this Agreement is, in the mutual interest of the Company and the Union on behalf of the employees, to provide for the operation of the services of the Company under methods which will further, to the fullest extent possible, the safety of the Company’s business and the efficiency of its operation; and

b) The parties hereto agree that the employment relationship between the Company and Employees shall be governed by the terms and conditions of service as agreed in this CBA, the company human capital policies and the Laws applicable.

Section 4. Information:

All new employees will be informed of this CBA by either party when their employment commences. This CBA will govern the relationship of such new employees with the Company if such employees accept to become members of the Union.

Section 5. Existing privileges:

Save as otherwise provided herein, an employee already in service shall not receive remuneration or privilege, less favorable than his/her current remuneration of service after the signing/coming into force of this agreement.

Section 6. Engagement of New Employees:

New employees shall be engaged on a six months fixed employment contract, subject to the Disciplinary Code herein and the Section on termination of employment.

Section 7. Seasonal/casuai employees:

The Company may engage seasonal employees or casual employees in accordance with the law in force.

Section 8. Migrant Workers:

a) The parties hereto also agree that all migrant workers in service of the company and who fall under the bargaining unit of this CBA, shall observe all the obligations and rights offered by this agreement like other regular employees/union members.

b) It is also hereby agreed that all migrant workers who are not in top management positions shall have the liberty to be members of the union for purposes of representation.

Section 9. Effective date and term of the Agreement:

a) Notwithstanding the date of execution, this agreement shall be deemed to be effective from the 4th day of April, 2023 for a period of 2 years and shall continue in force until otherwise amended by the parties.

b) Thirty [30] days to the expiry of this agreement, the Union or the management shail forward a written notice setting forth the nature of any proposed amendments to this agreement and other related matters hereof to the Company in respect of the period starting after the expiry of this agreement.

Section 10. Salaries/Wages Review principles

The Company & the Union agree that when determining the wages/salaries of the Employees, the following principles will be paramount and have to be considered: -

a) The continuity and interests of the Company, the Union and the Employees:

b) The rate of productivity of the Employees as determined by the Company in accordance with set Company targets for each Employee

c) The economic and social objectives of the Company and the community

Section 11. Union Dues Check-Off and Remittances

a) An Employee recruited to occupy a position in any of the Unionizable grades may join the Union in accordance with the Labour Unions Act 2006 and the Labour Unions (Checkoff) Regulations, 2011.

b) The Company shall deduct and remit a levy (prescribed in the above said Regulations) together with Union Dues from any Unionizable employee who is not a member of the Union but benefits from the terms of this CBA.

c) It shall be the responsibility of the Union to inform employees of the Company of the two available options; to join the Union and be subjected to a subscription of 2% of their wages as Union Dues; or, opt not to join. The Union shall also notify the employees that if they opt not to join, they would be required to pay 1% of their wages to the Union if such employees benefit from negotiations of the Union with the Company.

d) The Company shall make the aforementioned deductions upon the Union providing the list of its employees who having been advised on the said Regulation agree to become members of the Union. Company employees who do not agree to the membership shall not be required to pay any percentage to the Union if they derive no benefit from Union negotiations.

e) All Unionizable employees who are not members of the Union but benefit from the negotiations of the CBA will be subjected to this levy upon acceptance to apply the CBA.

f) Any gratuity payable or paid to any Employee (s) who ceases employment with the company and attracts benefits provided for by the CBA herein, shall be subjected to 2% union dues.

Section 12. Job Vacancy and Promotions

a) The Company recognizes that it is of mutual benefit for its Employees to be represented by a properly constituted labour Union, it is therefore hereby agreed that ail new employees will be informed of this CBA when their employment commences and will be urged to join and remain fully paid-up members of the Union.

b) The Management shall give top priority to the existing qualified or qualifiable Employees for any post that may fall vacant. No Employee shall be subjected to probationary period on promotion.

c) For all positions and posts that fall vacant within the Company, first priority to fill such positions shall be given to qualified indigenous staff and/or in accordance with the requirements of the job.

d) Job position shall be commensurate with the grade for that position as shall be structured by the HC department in an appendix to form part of this Agreement.

Section 14. The Right to Stop and Search Staff

a) The parties to this Agreement recognize the importance and the right of security personnel of the Company to carry out the ‘stop and search’ practice, however the conduct of this practice shall be done in the most humane and professional manner possible so as to avoid causing embarrassment to the person being subjected to the said search.

b) For instance, it is recommended that female Security officers should be the ones to search female employees and the vice-versa should be applied with the males.

PART TWO - RIGHTS:

b) In the event that there is need for the Company to regulate daily or weekly hours of work in order to suit peculiar work requirements, such schedules shall first be discussed between the Company and Employee. The Union may be invited for such discussions should the Company and Employee fail to agree. In any case, no Employee(s) shall be asked by the Company to report to work on a broken shift of more than once a day.

Section 16. Overtime

a) All hours worked in excess of the agreed daily normal hours of work as per PART TWO; Section 15 of this Agreement will be deemed to be overtime.

c) Any overtime worked on gazetted public holidays shall be calculated at 2 (two) times the gross hourly rate.

e) Overtime rates shall apply only where at least 30 minutes have been worked in excess of one's normal working hours.

f) Overtime shall be worked at the request of management and recorded at end of each week and signed for by the employee and the head of department or the respective supervisor.

Section 17. Method of Payment of Salaries/Wages

a) Salaries /wages will be paid either by Cheque, bank transfer or cash.

b) AN Employees will be required to open a salary account with a bank(s) selected to be convenient to majority of employees in Uganda where salaries /wages will be paid. The Employees must notify the Company of the account number, branch and address of the bank to which payments are to be made.

c) Bank charges arising from the salaries/wages payment to the workers shall be met by the Company provided their accounts are in the banks agreeable and notified to the Company as aforesaid.

d) Salaries shall be paid on the last day of the month and in the worst case by the fifth day of every preceding month.

PART THREE - DISCIPLINARY CODE:

Section 21. Discipline (Warnings and Dismissals)

a) It is the intention of the Company and the Union that disciplinary action shall have the goal of correcting or improving performance and conduct of an Employee;

b) Any disciplinary action(s) taken by the Company shall be documented and copies thereto entered on the Employee's personal file. Any notification of disciplinary action taken by the Company shall be acknowledged by the Employee and copied to the Chief Shop Steward.

c) The Company shall ensure that all disciplinary actions are carried out in a fair and just manner and in accordance with the law, this CBA, and the company HC policy on aspects which are not express in the CBA and do not contradict or contravene the afore mentioned as in Section I. (e) of this CBA.

Section 22. Disciplinary Committee Composition

a) The parties to this Agreement do hereby agree that the Disciplinary Hearings (DH) at (level one) shall be conducted by the Disciplinary Committee (DC) under the chairmanship of the representative chosen by management.

b) In reference to Article 7.08 of the RA between the parties hereto, it is agreed that when handling disciplinary matters involving unionized employees, the Union shall be represented by at least two (2) members who will be nominated by the Union.

c) That the DC shall therefore comprise of not less than three (3) representatives of the Company.

d) The person/officer initiating an offence/grievance/complaint or the one who has investigated the matter for DH thereto, shall not chair the DC thereof.

e) The accused employee appearing before the DC shall reserve the liberty to come along with his/her Union representative or any other representative of his/her choice.

f) The Management shall also reserve the liberty to have another officer to witness and or represent the interests of the company during the DH.

g) The investigator and or any person who makes a statement in the matter under review may be subjected to clarification at the call of the DC.

h) Recommendations of the DC at any level shall be binding and applicable to the parties thereto and the employee in effect unless otherwise appealed against.

Section 23. Disciplinary Procedure

The following are the disciplinary procedures for offences involving misconduct which do not to warrant dismissal:

a) Informal/Verbal Warning: A breach of rules or failure to meet or maintain standards. This will result in an informal/caution warning by the relevant representative of the Company. Such warning may not be recorded but the above mentioned representative and the employee or worker may examine and propose adequate and appropriate ways to remedy the breach, neglect, failure or shortcoming of the employee.

b) First Written Warning: Where an Employee commits an identical or similar offence or more serious breach of Company policy, manual, rules and/or procedure, including offences listed in section 24 below, the Employee’s HoD or representative of the Company may notify the relevant head of department or management of the particulars of offence, misconduct and/or misbehavior of the Employee. The relevant representative of the Company shall investigate the matter and if the Employee’s explanation is found to be unsatisfactory, he/she shall notify the Human Capital in charge to handle the issue as per company procedure leading to issuance of a first warning letter, copies of which shall be placed on the Employee’s personal file. The Employee will be required to acknowledge receipt of the warning.

c) Second Written Warning: Where the same Employee commits an identical or similar breach of the Company policy, manual, rules and/or procedure within six months following the warning letter in (b) above, the Head of Department shall notify the relevant representative of the Company and Human Capital in charge to handle the issue as per company procedure leading to issuance of a second warning letter, giving copies to the Union and management of the Company and a copy of the same shall be placed on the Employee’s personal file.

d) Final Written Warning: Any further breach of Company policy, manual, rules and/or procedure by the Employee, and if, despite the previous warning, the Employee fails to remedy the breach, misconduct and/or misbehavior, the Human Capital in charge shall handle the issue as per company procedure leading to issuance of a final warning letter, giving a copy to the Union and management of the Company and a copy of the same shall be placed on the Employee's personal file.

e) No written warning shall be valid for more than 12 (twelve) months. Such warnings be cancelled by the Human Resource Manager after (12) twelve months from the date of issue unless another warning has been issued before the expiry of the 12 months (extended term) another 12 months period shall start and the previous warning shall not be cancelled until the extended term has elapsed. No future reference shall be made on ail “lapsed" warnings.

Section. 24. Offences and breaches in respect of which Written Warnings may be issued:

Written warnings shall be given for the following breaches, misconduct or offences: -

a) Absenteeism; Absenteeism refers to the state of not being present that occurs when an employee is absent or not present at work during a normally scheduled work period. The Absences may be scheduled or unscheduled.

b) Scheduled absences, taken with the approval of the Company, include annual leave, public holidays, medical appointments, funerals, and other happenings which cannot be scheduled outside of regular work hours. No warning may be issued in respect of a scheduled absence.

c) Unscheduled absences to be defined as when an employee is absent from duty without permission or just cause as shall be determined by the disciplinary committee either from the premises of the employer or any other proper place appointed by the employer for performance of such employees' work).

d) Absence may also be Excusable or inexcusable: Excusable absence (s) is where the employee notified the management and is/was excused in advance of the absence, by the supervisor. No written warning may be issued in respect of an excused absence.

e) Inexcusable absence(s) is where the employee did not report or communicate to the supervisor within appropriate time and was not excused in advance for such events as illness, family emergencies, transportation emergencies, family member illness and/or death, and household emergencies such as flooding.

f) Written warnings may be issued in respect of all unexcused absences subject to the decision of the disciplinary Committee depending on each circumstances of the matter in question.

g) Insubordination: Insubordination will include but not be limited to, the refusal to
obey some order which a superior is entitled to give and the employee is required to have obeyed. Insubordination will also constitute both unwillingness to carry out a directive from a manager or supervisor; and disrespectful behavior towards a manager or supervisor as shall be determined by the DC.

h) Neglect of duty
Neglect of duty involves -
Simple neglect of duty; Simple neglect of duty will constitute the failure to give proper attention to a task expected from an Employee resulting from either carelessness or indifference; and may include, but not be limited to any of the following:

1. being absent from work without reasonable notice or permission;
2. sleeping on the duty for no unjustifiable cause; 
   
3. leaving a duty station or assign responsibility without permission; or
   
4. failing to follow prescribed department or work site policy relevant to job duties and responsibilities.
   
5. Any public behavior which has or may have the effect of bringing the Company’s reputation into disrepute.
   

Section 25. Dereliction:

Dereliction will constitute the conscious or willful neglect of an employee's duty and willful misconduct

Section 26. Summary Termination

Where an Employee is proved to have committed any of the following offences he/she will be liable to instant dismissal by the Management of the Company.

a) Theft of company property.

b) Fraud or dishonest dealing with company property;

c) Gross insubordination in the performance of an employee's duties.

d) Physical assault or fighting at workplace.

e) Sexual Harassment.

f) Rape

g) Gender Based Violence.

h) During work hours by becoming or being intoxicated, an employee renders his/her self-unwilling or incapable to perform his work properly

i) Bringing dangerous weapons onto the Company premises.

j) Proved drug abuse and intoxications while on duty.

k) Willful damage of Company property.

l) Unexcused prolonged absenteeism without proper cause.

m) Divulging confidential Company information.

n) Willful and or negligent disregard of company policies and procedures that may result in financial loss and or reputational damage.

Section 27. Suspension for investigation

a) Where it requires Management to make investigations in case of an offence, an Employee may be suspended, such suspension shall be in writing by the Human Capital office and copied to the Chief Shop Steward.

b) Suspension under this Section shall not exceed or 2 (Two) weeks. The salary of the Employee on suspension may be reduced by half. If after 2 (Two) weeks the investigations are not complete, the suspension shall be extended in writing for another 2 (Two) weeks. The Employee may be subjected to a hearing upon conclusion of the investigations.

c) After 2 weeks' extension if the employee is not proven guilty of the offence, he/she shall be assumed to have no case to answer and therefore he/she has to resume duties with full pay from the day of suspension.
id

d) Suspension os a sanction:

1. Suspension may be preferred to an employee as a sanction arising from the decision of a disciplinary hearing where the employee is not terminated but rather suspended.
   
2. This type of suspension will be without pay and for a period not exceeding two weeks.
   

Section 28. Disciplinary/Grievance Handling Procedures

a) In reference to Article 7.07 of the RA between the parties hereto the Disciplinary procedures shall be as stipulated in the CBA between the parties hereto as required by law.

d) Should the first step above in c) fail, then the matter shall be forwarded to the Human Capital Manager or his/her representative for handling as the second step in the process. At this step, the Chief Shop Steward or the Chairman Shopstewards Council shall be involved to assist in the expeditious conclusion of the matter.

e) It is also hereby agreed that matters that fail at the Human Capital Managers’ level, shall be considered for appeal to the next level Manager.

f) Notwithstanding the above procedure for grievance handling, where the difference or dispute is of a collective nature it shall be resolved through the Joint Negotiation Committee. The determination that a dispute is of a collective nature shall be made by the parties who shall jointly agree to clarify a dispute as collective in nature.

Section 29. Disciplinary/grievance Appeals

a) As provided for in Article 7.04 of the RA between the parties hereto, its further agreed that matters at appeal level shall be handled by next level Manager.

b) Either party herein, the Union or the management may also raise an appeal if any of them strongly feels that the decision by the DC in the matter in question has not been handled satisfactorily.

c) The parties hereto agree that where the above processes fail, either party shall retain the liberty to resort to the mechanisms provided for under the Labour Disputes Arbitration and Settlement Act 2006 or other applicable laws.

PART FOUR - BENEFITS AND ALLOWANCES

b) Leave without pay may be granted upon mutual agreement between the Employee and the Company.

c) An employee of the company proceeding on annual leave shall be entitled to UGX. 200,000 as baggage allowance remitted through payroll on the employee's company joining month annual anniversary.

d) Wages and any allowances for leave will be paid during the monthly payroll when the leave commences.

e) In the exigencies of the company services an employee may be recalled to duty before the expiry of his/her annual leave, in which case the balance of the leave days approved and due will be carried forward.

Section 31. Sick Leave

Any appointed/contracted Employee in continuous employment with the Company and who is unable to attend duty because of prolonged illness as recommended by an authorized medical practitioner by the Company or government medical facility, shall be granted sick leave under the following conditions:-

a) Under normal circumstances an employee shall be expected to inform management immediately by any means his/her inability to report to work not later than 24 hours from the date he/ she falls sick.

c) Upon expiry of the aforementioned period, retirement on medical grounds shall be considered by Management of the Company in consultation with the Union. However, should the Employee recover and be fit to work again, the Company may, at its discretion, consider reinstating such Employee.

d) An Employee on sick leave shall continue to enjoy his/her seniority in regord to service seniority and accumulation of annual leave.

Section 32. industrial Accidents

c) Where an accident during the course of employment occurs to an Employee resulting into permanent total or permanent partial incapacity, the Workers Compensation Act, shall become applicable.

d) In the case of an employee receiving injuries that come under the terms of Workers Compensation Act, all provisions of the Act shall apply, including provisions of the Third Schedule which covers industrial diseases.

b) For a female employee whose baby passes on shortly after birth, the employee may return to work upon the recommendation of an authorised medical Doctor and also upon written request by the said employee to the Company.

Section 34. Compassionate Leave

a) In the event of an employee losing a close relative from the nuclear family, including biological parent, spouse, children, sibling and upon application in writing, an Employee may be granted (5) five calendar days of compassionate leave with pay.

b) An Employee who intends to take compassionate leave must follow the Company’s ^Mpgve application procedure

c) In other circumstances, the Employee may at the Company’s discretion, be allowed to proceed on an unpaid compassionate leave.

Section 35. Voluntary/leave for Union Activities

The Company and the Union realize the need for a strong Union with well-trained Union ofticials/members responsible for executing the affairs of the Union in the interest of both parties hereto and to the nation as a whole and therefore agree that the following leave with pay will be granted by the Company to the Union officials or any of the Employees (Union members) of the Company:

a) Leave to attend Union business/education shall be applicable to the Union executive members and such leave shall be with full pay provided that the employer has granted prior permission. Such permission shall not be unreasonably withheld.

b) The Union shall ensure that any required leave for Union business shall be reasonable and that such absenteeism will not be so prolonged in a manner that would affect the Company’s business. The Company will take into consideration the length of time for which leave is sought and the need to retain the Employee at work during the requested period, in deciding whether to grant or refuse an application for leave.

c) As far as operational requirements permit, Employees shall be granted leave of absence to attend Union activities, meetings/workshops at the permission of management, such leave shall not be unreasonably withheld and will be paid up to a maximum of 12 (twelve) days per annum. The Union will give the employer at least forty-eight (48) hours’ notice for such leave but in case of an emergency meeting, a notice of twenty 24 hours shall suffice.

d) Any Employee(s) granted leave under this Section shall not accept employment elsewhere during such period.

Section 36. Union Branch offices

a) The parties here too agree that the management shall provide space and facility where the shop steward can keep their working tools.

b) The Shop stewards shall be accorded time to attend and or operate union office in order to attend to workers issues and do meetings. The time off shall be arranged administratively before or after the shift.

Section 37. Study Leave

a) An employee, who requests for study leave may, at the discretion of the management of the Company, be granted such paid or unpaid study leave.

b) The Union shall continue to play its mediatory role in cases of disagreement between the management’s decision and the Employee's concern.

c) The Company shall pay all the deceased's accruing dues to the executor of the deceased's Estates (Next of Kin)/or Administrator General. Such dues shall include outstanding pay, leave, gratuity, and repatriation.

d) It is also agreed that all employees shall at all times update their personal files to provide details of their family members who are covered under this life policy.

Section 39. Repatriation Aliowance/Fees

An employee upon leaving employment will be eligible for repatriation allowance in accordance with the Employment Act, 2006.

Section 40. Cessation of Employment

Any staff member shall cease to be an Employee of the Company by virtue of the following:

a) Resignation

An employee of the company shall be required to give the employer notice upon resignation in accordance to the law and or considered for payment in lieu of up to the equivalent of the employees' contractual notice period entitlement.

b) Termination

Either the Employee or the Company may terminate the employment by giving the other party notice or payment in lieu thereof.

c) Lay-off, for purposes of this CBA refers to temporary suspension or permanent cessation of employment of an Employee or group of Employees due to certain positions being cut, dwindling finances, or work not being available.

d) Redundancy may occur in the following two situations:
Where the Company has ceased or intends to cease to carry on the business for the purposes of which the Employee was employed; or to carry on that business in the place where the Employee was so employed; restructuring or the fact that the requirements of that business for Employees to carry out work of a particular kind, or for Employees to carry out work of a particular kind in the place where the Employee was employed by the Company, have ceased or diminished or are expected to cease or diminish.

e) Retirement. An Employee may retire from his or her service in the Company in any of the following circumstances;

1. Upon an employee attaining the age of 55 (fifty-five years)
   
2. Upon an employee being declared Medically unfit to continue in employment by a qualified medical practitioner approved by the company;
   
3. Voluntarily/ early retirement after attaining the age of 50 (fifty) years provided the employee has served for at least 10 years;
   

f) Severance Pay This refers to payment to an employee under the situation where the employer for his/her own reasons terminates the services of an employee who is still willing to continue in employment and has not committed an offence that which attracts summary dismissal.

Section 41. Employment cessation Procedures

a) Procedure for Lay off

1. The principles of last in-first out shall apply subject to skills, ability to do the job and work record being equal.
   
2. The Company shall give the affected Employee and the Union written notice or salary and allowances in lieu of the notice as follows:
   
   

   Six months up to one year of service	14 days
   One year up to 5 years’ service	1 (one) month
   Over 5 years to 10 years	2(two) months
   Ten years and above	3 (three) months

   
   
3. During the period of notice the Employee shall as far as it is practicable be entitled to reasonable amount of time off without loss of pay in order to look for alternative employment.
4. All Shop Stewards shall automatically assume top seniority in which case if layoff occurs, no Shop Steward in spite of this actual period of time worked in the Company shall be laid off until all the other Employees of the Company have been laid off.
5. An offer of re-engagement to an Employee laid off may be made by Management in the event of a suitable vacancy arising with 6(six) months of the date of the Employees lay off except that in certain circumstances, the Employee may be subjected to an interview
   
6. The onus of leaving a forwarding address lies with Employee and if a reply from the Employee is not received within 15(fifteen) days from the date of the Management's notification, the vacancy may be otherwise filled.

b) Procedure for Redundancy

To the extent possible, not less than (1) one-month notice of the intended redundancy shall be given by the Management to the Union and Employee(s) to be affected. The employees to be made redundant shall be paid their benefits in accordance with the matrix in Sec. 42. (b) on Retirement benefits herein below.

Section 42. Termination; Retirement; Lay-off; Redundancy; Resignation; Severance Benefits

a) Termination Notice

1. Termination Notice shall be given or paid to a qualifying employee or employer as follows:
   
   

   Less than six months	14(fourteen) days
   After six months and up to 5years service	1 (one) month
   Over 5 years to 10 years	2(two) months
   Ten years and above	3(three) months

   
   
2. When an Employee is discharged under this Section all entitlements and benefits due to him/her e.g. annual leave, public holidays, overtime, transport allowances, gratuity and repatriation where applicable, shall be paid to the Employee on the date on which the notice expires.

Section 43. Re-engagement after Retirement

Re-engagement of retired staff Employees on permanent or contractual basis if required, shall only be done after thorough consultations and agreement with the Union. All retired Employees should not be re-engaged apart from very special circumstances that may be determined by the Management and the Union.

Section 44. Traveling on Duty

The parties hereby agree that Management shall meet all expenses of an employee while traveling on duty through provision of accommodation, meals and transport.

Section 46: Stock take allowance

a) An employee who participates in stocktaking outside his/her store shall be provided with physical transport for that purpose.

b) It is also agreed by the parties that the said employee shall be given a day of rest in compensation for the broken long day and night shift

c) The parties agreed that the employee shall be provided with dinner

Section. 47. industrial Accidents

The company shall provide insurance cover to its employees in consideration of the OSH Act, 2006 and the Workman's Compensation Act 2000.

Section 48. Acting Allowance

a) It is agreed that where an Employee is required to act in a position of higher grade over and above his/her position for a period in excess of 3 Months, the Employee shall be paid 15% of basic pay of the higher position.

b) This requirement shall be made in writing by the branch manager and or Human Capital Manager

Section 49. Transfer Allowance

(a) Transfers across districts:

a) Cognizant that Majid Al Futtaim Hypermarkets operate different branches and in different locations/ zones or Districts, its hereby agreed to by the parties that staff shall be transferable under the following terms: -

b) It's in agreement by the parties herein that, in a bid to provide career development opportunities to employees and to meet the Majid Al Futtaim Retail requirements, transfers among departments and divisions will take place at the initiative of the management or the employee with the approval of management

c) It's also agreed by the parties that; all transfers should be handled by the HC Manager at HO or Stores.

d) It's also agreed that transfer needs should be communicated in advance to HC Manager in order to launch the process and guarantee better flow of communication.

e) It’s also agreed by the parties herein that transfers will not hinder an employee's career growth prospects in any manner and that It is the responsibility of the new manager to inform the transferred employee of his new responsibilities and to make him welcome in the new department/division through a proper planned induction program.

f) For whichever cause of loss of job, an employee serving on transfer, shall be repatriated back home in accordance with the Employment Act.

Section 51. Certificate off Service.

When an Employee leaves the Company’s services of his own accord, or his/her service terminated under the provisions of this agreement, he/she shall be issued with a certificate of service. He/she will also be issued with a recommendation on request. Certificate of service will include name and address of Employee, name of Employee, dates of commencement and termination of service and type of work performed.

Section 52. End of year hamper

a) The Company shall provide a gift hamper at the end of the year to all employees.

Section 53. Staff Benefits on Family Functions

a) The parties hereto also agreed that for the 1st time official wedding of an employee of the Majid Al Futtaim Hypermarkets Uganda Limited, that shall be Christian, Civil, Muslim or Hindu only and those who bear a new born baby, shall be awarded benefits by the company as indicated in the matrix herein below.

Section 54. Dispute Resolution

a) The parties shall endeavour to settle amicably any dispute or controversy between them arising out of this pledge or in connection therewith. To this end, at the initiative of any party, the parties shall meet promptly to discuss the dispute and, if requested by the initiating party in writing, the other party shall reply in writing to any submission made by the initiating party concerning the dispute or controversy.

b) In the event that such measures as may be undertaken by the parties fail to lead to a settlement of the dispute or controversy within 30(thirty) days, then either party will be at liberty to seek redress in the courts of law of the Republic of Uganda.

Section 55. Pandemic or Epidemic or Calamity Situation

a) That in cases of outbreak of pandemic and or epidemic which adversely affect part(s) of this agreement, the parties hereto agree that shall with written notice by either party, mutually engage to review any such aspect of this agreement which may require to be reviewed.

b) That those changes shall be done to address or mitigate the effects of the situation as caused by the pandemic, epidemic and or calamity as a temporally responsive measure

PART FIVE - SALARIES:

Preamble

The parties to this agreement further agreed hereto, that this CBA shall be effective from the 4th day of April, 2023 for all categories of staff for two years and shall continue in force until otherwise mutually amended by the parties thereto.

Section 57. Severability

If any clause in this CBA addendum is found to be unenforceable for any reason, that particular provision shall be severed and the rest of the CBA addendum provisions shall remain standing and enforceable.

Section 58. Confidentiality:

It is agreed and understood that all communication and information between the parties shall be handed in strict confidentiality by both parties and shall not, at any time whatsoever, be disclosed by either party to a third party or published without the prior written consent of the parties hereto.

Section 59. Bi-partite Consultations

That future engagements on these matters by the parties hereto shall continue in furtherance of interests of the company, its employees and the union.

Section. 60. Interpretation

a) Interpretation of this Collective Bargaining Agreement shall remain the responsibility of the chief negotiators of this agreement or their representatives.

b) Where the two parties herein fail or disagree on the meaning or application of the clauses of this agreement, the Registrar of Labour Unions shall have the responsibility to interpret this CBA.

Section. 61. Governing Law

This Agreement shall be governed by the laws of Uganda and shall however continue in force until otherwise amended by the parties thereto.

Section 62. Execution

IN WITNESS WHEREOF, the Parties hereto agree that this CBA is entered into and have set their respective hands and seals on .4th day of April, 2023 at MAJID AL FUTTAIM HYPERMARKET UGANDA LIMITED OFFICE AT KAMPALA.