SEPTEMBER 2010
PREAMBLE:
This agreement made 22. this day…September…… of the year 2010.
BETWEEN
M/S. UGANDA FISH PROCESSORS AND EXPORTERS ASSOCAITION (UFPEA), a Limited liability Company incorporated in Uganda and having its registered office at Agip House, Kampala, Uganda and Post Office Box 24576 Kampala, Uganda, (hereinafter called the Association) representing all Fish Processing Companies in Uganda, which expression shall in this context so admits include its successors assigns on THE ONE PART
AND
The employees of UFPEA Member companies, represented by UGANDA FISHERIES AND ALLIED WORKRES’ UNION (UFAWU) having its Registered Office at Plot 12 Iganga Road, Jinja (hereinafter called The “Union”), which expression shall where the context so admits include its successors and assigns on THE OTHER PART
Whereas the parties to this agreement are interested in maintaining cordial good working relations in the fisheries industry by introducing better arrangements of working conditions, wages, salaries and other benefits in a stable atmosphere, and an undisturbed working environment in settlement of problems pertaining to work relations by collective bargaining and determining ways of settling differences of opinion and Whereas it has been agreed between the Association and the Union that the terms and conditions of service as agreed and provided in the following schedule shall apply to the employees of the UFPEA Member Companies.
Any party to this agreement who may wish to amend any clause herein the agreement may do, so by giving a notice of three months.
1. APPLICABILITY
The terms and conditions of employment laid down in this agreement shall govern and regulate the working relationship and general conditions of employees in the fish processing industry in Uganda.
2. CONTRACT OF EMPLOYMENT
The human Resource department shall issue to all employees contract documents. This contract document consists of among others; letter of appointment, statement of terms and conditions of service and or Disciplinary rules.
3. PROBATIONARY PERIOD
The maximum length of probationary period shall be six month, and it may be extended for a further period of not more than six months where necessary.
4. TERMINATION NOTICE PERIODS
(a)Contract of Service may be terminated by either the company or the
Employee giving a notice of termination.
(b) Notice period for all employees shall be as follows:
6 months----1 year 2 weeks
1 year 5 years one month
5 years 10 years two months
10 years and above three months
[c] Termination Notice shall not apply to employees summarily dismissed in cases of gross Misconduct.
(d) Either party may pay to the other an equivalent of the appropriate Notice period, calculated on the employee’ basic pay in lieu of such Notice.
5. HOURS OF WORK
All employees shall report for work as per the production schedules of each individual UFPEA member company excluding public holidays.
6. OVERTIME
The employer shall have a right to call upon his employees to work in excess of the normal working hours and days, and shall pay overtime at the agreed rate by the worker and the management but not less than one and half times the normal rate of pay
7. EMPLOYER TO PROVIDE WORK.
(i). The Employer shall provide his/her employees with work expressly or impliedly as of No. 5 above, depending upon the availability of the raw Material (Whole Fish).
(ii) In the event that employees report normally for duty and find that there is not enough Raw Material to warrant a day’s work, the staff will be sent back home and paid half the normal Rate.
(iii) In circumstances where not enough and or No Raw Material is available to be Processed on a particular day(s) Management of each individual member company shall give prior Notice one day in advance /the day before staff break off about staff deployment / the decision not to work and such day(s) shall be considered as unpaid leave.
8. PAYMENT OF WAGES/SALARIES
Payment of salaries /wages shall be payable in cash, employees Paid weekly, fortnightly, and or monthly shall be paid at the end of each week, fortnight and month respectively.
No deductions shall be made ‘from pay except the statutory taxes including Income tax (PAYE). NSSF employees’ contributions, Union Dues for only employees who are members of the union. And repayment of any advance of wages/salaries and or loans given to the employee.
9. PUBLIC HOLIDAYS
All gazetted public holidays will be granted with full pay. Employees if required by their employer to work on public holidays shall, be paid at double rate of the normal daily rate.
10.DISC1PLINE
(a) Introduction.
The company will make known to all employees the rules of behavior and general standards of work performance that are a condition of employment. The current guides to these rules and standards are availed to employees as ‘separate handbooks. It is agreed by both parties that a formal procedure is necessary to ensure that all employees are treated fairly and equitably.
Appropriate disciplinary action shall be taken against employees who fail to behave reasonably or whose work performance or conduct falls consistently below the required standards for the effect’s operation of the company.
Any formal action will be aimed at assisting employees to improve their performance or conduct. Only in the event ‘of this failing will further disciplinary action be taken.
(b) Responsibility
Management is responsible for formulating the necessary rules and work standards; And for ensuring that these are communicated and explained clearly to all employees.
(c) Authority to take disciplinary actions,
Authority to take disciplinary action is vested on management; hoverer all written disciplinary actions must b referred to HRD for appropriate actions
(d) The formal Disciplinary Procedures
(i) Verbal warning
Verbal warnings for minor offences shall be given by the Departmental Heads and shall be recorded and filed.
(ii) Written warning
In the event of an employee’s misconduct and or his/her performance is not satisfactory, such an, employee shall be issued with a written first warning letter; A copy of the letter shall be put in the employee’s personal file and original copy shall be issued to the Individual who will be required to sign and acknowledge receipt.
(iii) Final written warning
If an employee co.mn1its further offense which falls short of gross misconduct and whether or not related to the first warning, the individual shall be issued with Final Written warning letter and shall be recorded in his/her personal file.
(iv) Cumulative warning
Offences of serious nature may be brought into the procedure at the final written warning stage. Progression through the procedure may be as a result of the accumulation of differing offences, as well as the reception of one offence.
The company reserves the right to invoke any stage of the agreed procedure or issue Warnings with the intention of correcting behavior or performance, however, other than in cases of gross misconduct.
(v) Suspension from duty
(i) Whenever an employer is conducting an inquiry which he/she has reason to believe may reveal a cause for dismissal/termination of an employee, the employer may suspend the employee with half pay.
(ii) An employee ma be suspended without pay as & punishment. Depending on the Gravity of the offences and or misconduct
(iii) Any suspension shall not exceed four (4) weeks with exceptional cases that require detailed investigations by the police.
(vi) Termination of employment
(i)If investigation and hearing confirms that during the period of a final written or following issue of a comprehensive warning, there is insufficient improvement in performance, or further misconduct takes place, the employee’s service will be terminated and the company shall pay in lieu of Notice period.
(ii)The employee who wishes to terminate his/her services will also pay in lieu of notice or forfeit pay equivalent to notice period.
(vii) Summary Dismissal
The company reserves the right after full investigation to summarily dismiss an employee for Gross Misconduct.
Gross Misconduct is behavior so serious, viz; willful and with intent and or negligence toward duties that results in fundamental breach of trust in the employee. In such case no termination benefits will be paid except any leave due.
(viii) Effective date of termination
The effective date of termination will normally be the working day at the end of the contractual notice period or if the company pays cash in lieu of notice, the day following the date on which the termination was notified to the employee in writing and dues paid.
(ix) Employee Representatives (Employee Union Officials)
Disciplinary procedures apply equally to Employee Union officials and will he treated like any other employee and are subject to the Rules and Regulations of’ the company.
(x) Criminal offences .from outside Employment
Any employee who is charged with a criminal offence out of employment and therefore unable to attend normal duties for 4 (four) consecutive days, will be terminated in accordance with the terms of his/her contract; the period during which he/she was unable to attend work will not b paid.
(xi) Appeal Procedure
Any employee, who believes that the enipl6yr was not justified in imposing a disciplinary penalty on him/her, may make complaint to the Labour Officer.
11. ANNUAL LEAVE
Every employee, shall on completion of every calendar year of service, be entitled to A Holiday (annual Leave) with full pay at rate of even days in respect of each period of four continuous months of service and to be taken at the discretion of the company
12. SICK LEAVE
b) Every employee shall be entitled up to 30. days sick leave with full pay if incapable to work because of sickness or injury in any calendar year.
(c )Failure to attend work without a certified sickness notification from a health facility acceptable by the company will be regarded as unauthorized absence and shall not be paid for
(d)Sick Leave shall be non cumulative, no unused sick leave entitlement shall be earned forward from one year to another
13. MATERNITY LEAVE
In the event of pregnancy, female employees shall give written notice not less than Seven days in advance to the Head of Department of her maternity leave and her likely date of delivery
a)All such female employees shall be entitled to 60 (sixty) working days with pay hereinafter referred t. Maternity leave.
b)In the event of sickness arising out of the delivery and or continued confinement affecting either the mother or the baby and making the other’s return to work inadvisable shall be entitled another four weeks unpaid leave.
14. PATERNITY LEAVE.
A male employee shall, immediately after the delivery of a wife, inform management in writing and shall therefore have a right’ of four working days’ paternity leave yearly.
15. COMPASSIONATE LEAVE AND FUNERAL ASSISTANCE
a.) Absence from work due to the death of a member of the employee’s family or a dependant relative shall be granted 3 (three) days off with pay and maximum of 6 (six) days in any one calendar year.
c)In case a close relative of an employee dies, Burial assistance may be given according to each individual Member Company’s policy.
d)In the event of the Death of an employee, the individual member company shall provide transport and any other facilitation depending on the company policy.
16. MEDICAL FACILITIES
a) All employees are entitled to free first aid, treatment of minor injuries and ailments; And or minor health support by the company Nurse at the First Aid Facility.
b) The company shall meet all costs of transportation and medical treatment of Major/serious Injury to the employee while at work and the incident shall be reported to the Labour officer and the matter shall be handled as per the workers Compensation Act., ,
17. MEALS AND FACILITATION FOR EMPLOEES
i) All employees shall be entitled to a meal while on duty.
ii) Any employee assigned duties out of his/her Duty station, shall be facilitated as
per individual member company policy.
18. PROTECTIVE GEARS/CLOTHING
a) The company will ensure that gears and protective clothing are issued to employees for safety needs at work and this is a condition of employment that gears and protective clothing shall be worn, kept reasonably clean and in good condition.
b) All issued gears and protective clothing shall remain the property of the company and must be returned .t the end of each day’s work. Failure to return/surrender the same would be surcharged from employee’s wages.
19. REDUNDANCY POLICY
a) In the event of redundancy, the Company shall determine who is to be declared Redundant, The Union and Ministry of Gender Labour and Social Development shall be informed as early as Possible of the reasons and extent of the intended Redundancy.
b) The employees declared redundant shall be paid their terminal benefits as per
Terminal procedures.
20. UNION OFFIC1LALS AND UNION SABLE EMPLOYEES.
a) Branch officials and Shop steward shall be elected by the employees and neither by the Union nor does the company to assist resolve issues at the work places.
b. The company shall deduct 2% of employees’ basic salary every month as union dues and the collection to b remitted to the union headquarters by the 30’ day of the following month.
21. PRODUCTIVITY
For increasing productivity Uganda fisheries and allied workers union and Uganda Fish Processors and Exporters Association accept the need to improve productivity in tie industry and agree o cooperate to achieve this.,
22. DURATION OF THE AGREEMENT
This agreement shall be effective from 22th day of September the year 2010 and shall remain in force untill 21st day of Septemberr of the year 2012.
Signed for and on behalf of M/s UGANDA FISH PROCESSORS AND EXPORTERS ASSOCIATION (UFPEA)
Signed for and on behalf of UGANDA FISHERIES AND ALLIED WORKERS UNION (UFAWU)
WITNESSED BY NOTU AND FUE.