An Agreement made this (…) day of (…) between (. ) Herein referred to as the Employer, and (. ) Herein referred to as the Union.
Name industry: (e.g. Financial services, banking, insurance etc.)
Name company: Employer
Names trade unions: Union
This Agreement shall cover all unionisable employees categorized as
•Senior Cleaners/Senior Messengers- .
This Agreement shall run for a period of (…) months commencing from (…) to (…) provided than any time after January either party may give to the other at least (…) months’ notice in writing of its desire for this Agreement to continue in force for a further period to be agreed upon, or of its intention to terminate the Agreement or alter any clause in the Agreement. In the later event, parties will enter into negotiations on the terms and conditions of a new Agreement and until such times as this is finalized the present Agreement shall continue in force.
All employees shall from engagement serve a probationary period of six (6) months and upon satisfactory completion of the same shall be confirmed in their respective positions.
Kenyan Labour law about probationary period:
According to Employment Act, probationary period should not be set higher than 6 months; however it can be extended to one year with the consent of a worker. The probationary period cannot exceed one year as an aggregate.
(a) All unionisable staff shall work for five (5) days a week.
(b) They will work seven and half (7.5) hours a day.
(c) The total working hours in a week shall be thirty seven and half (37.5) (exclusive of lunch breaks).
Hours of duty shall be as follows: -
Monday to Friday. 8.00 a.m. – 1.00 p.m.
Lunch Break. 1.00 p.m. – 2.00 p.m.
Afternoon. 2.00 p.m. – 4.30 p.m.
Kenyan Labour law about working hours:
General working hours are 52 per week, but normal working hours usually consist of 45 hours of work per week. For example, this could be eight hours from Monday to Friday , and five hours on Saturday.
Nursing mothers shall be allowed two and a half hours daily for the first three months alter maternity leave, and one hour daily during working hours for feeding their babies for the rest of the months until the baby is one year old.
Overtime shall be paid for hours worked by the unionisable staff in excess of the prescribed hours as per clause four (4) of this Agreement. The rate of overtime shall be calculated at the rate of one and a half (1½) hours for week days and two (2) hours for Saturdays, Sundays and Public holidays for each excess hour based on the basic pay.
No overtime worked by the unionisable employees shall be computed to enable the employee to take off-duty in lieu of payment.
Nursing mothers shall be allowed two and a half hours daily for the first three months alter maternity leave, and one hour daily during working hours for feeding their babies for the rest of the months until the baby is one year old.
Kenyan Labour law about overtime compensation:
An employer is required to pay at least 150% of the wage if overtime work is performed during normal working hours. Overtime payment for the workers that are not employed on hourly basis, is calculated on the basis of the basic hourly rate of at least one two-hundred-and twenty-fifth of the employee’s basic minimum monthly wage.
The Wages Order also specifies that overtime plus time worked in normal hours per week may not exceed 116 hours in total in any period of 2 consecutive weeks. Thus a worker can work only 6 hours of overtime in a week. For night workers this limit is 144 hours per week. For night workers, 12 hours of overtime is allowed. Sources: §5-6 of the Regulation of Wages (General) Order 1982; §27 of the Employment Act 2007
The employer shall not discriminate directly or indirectly against an employee or prospective employee on grounds of race, colour, sex, religion, political or other opinion nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status.
Every employee shall be protected from sexual harassment, any unsolicited or unwelcome verbal comment, gesture or physical contact of a sexual nature. Therefore: (a) No employee shall be subject to sexual harassment either by somebody in authority over him/her as a condition of engagement, continued employment, promotion, salary progression, reward or any other consideration or by his/her fellow workmates as a condition as social acceptance at work. Any case of sexual harassment shall be immediately reported by the victim to a designated officer and perpetrator shall be dealt with in accordance with the organization's disciplinary procedures after having been given an adequate opportunity to defend himself/herself against the charges. (b) Sexual harassment shall include any of the following; if the person doing it, knows or ought to have known that it is unwelcome. (i) Making a request or exerting pressure for sexual activity or favours. (ii) Making intentional or careless pressure for sexual activity or favours. (iii) Making gestures, noises, jokes or comments, including innuendoes, regarding another person's sexuality. Each employer shall appoint a designated person preferably a Senior Lady Manager to whom the victims of sexual harassment may report the cases for appropriate action.
It is hereby agreed that 80% of the workforce will comprise of permanent Employees and that the number of female employees should be equal or more than that of their counterparts.
Both the Employer and the Union shall establish a gender and equality subcommittee composed of two representatives each chaired by a person agreeable to both parties to study, inform/advice and make recommendations to the JNC. (b) To implement this, the parties shall establish a joint committee composed of five(5) people in equal proportions of the two representatives each and with a chairperson that shall be greed upon by both parties (c) The work of the committee shall be: (i) Formulate a gender and equality workplace policy or approval by the JNC (ii) Monitor the implementation of the policy or any gender and equality standard (iii) Propose any amendments that may necessary (iv) Perform any other duties that shall promote adequate promotion of both gender and that shall enhance equal treatment of I persons irrespective of gender, race, color, religion, political affiliation.
Not, either on or off the employer’s premises, intimidate, threaten, or harass any non-striking employees or any other persons.
Should an employee commit any of the following offences he/she will be liable to instant dismissal by the Management of the Company. a)Theft b) Fraud c) Proven gross insubordination within ones normal scope of duties. d) Assault of any person at the workplace. e) Drunkenness on duty witnessed by a senior Management staff and a Union representative. f) Bringing unauthorized dangerous weapons into the Company g) Drug abuse whilst on duty. h) Wilful damage of Company property I) Rudeness to customers for no just cause. j) Prolonged absenteeism without cause. k) Divulging confidential Company information
(a) (i) The promotions of all employees shall be based on merit, skill, Academic/Professional Qualifications. Any opening for promotion shall be advertised internally and externally and interviews shall be conducted.
(ii) Serving officer shall be given priority.
(b) When any unionisable employee is promoted, he/she should be given an increase of not less than the difference in the starting scale of the category he/she is being promoted to.
(i) An employee who commits an offence shall be given a warning letter, which shall remain valid for a period of six (6) months.
(ii) If within the six (6) months period the employee commits a similar offence, he/she shall be served with a second warning letter.
(iii) Where an employee completes six months from the second warning without any further offence, the previous warning letter shall be disregarded.
• If within the six months period, the employee commits another similar offence, he/she shall be issue with a third warning letter.
• If within the same period of six months the employee commits a similar offence, he/she shall be come liable for interdiction.
Definition: This means that an employee is stopped from exercising the powers and Functions of his/her office and does not therefore attend duty. An employee on interdiction:
(a) (i) Shall be paid half salary
(ii) Shall report as directed by the immediate supervisor
(iii) The period of interdiction shall not exceed three months during which period the employee shall be summoned to appear before the General Manager to defend him/herself against all the charges preferred against him/her as contained in all the warning letters.
If the employee who is on interdiction is found innocent, the interdiction/suspension shall be lifted and he/she shall be paid the balance that had been deducted from his/her full salary for the period he/she was on interdiction.
(b) If an employee is found guilty by the employer and depending on the magnitude/seriousness of the offence, he/she shall be subjected to any of the following three punishments:
(i) Warning: He/she shall be warned and allowed to continue working.
(ii) Suspension: He/she shall be suspended for a period not exceeding six months after which he/she shall be reinstated in employment with full pay.
Note: an employee on suspension shall not be paid any salary.
(iii) Termination of employment
Where the Central Management Committee is satisfied beyond any reasonable doubt that the offences are serious and thus warranting severe punishment, services of such an employee shall be terminated.
Note: A copy of each warning letter and a copy of termination letter is issued to an employee in accordance with the provision of the above section shall be sent by the employer to the Secretary General of the Union (BIFU).
(b) NOTICE OF TERMINATION
(i) If the Employer wishes to terminate the services of an employee, Employer shall give the employee one (1) month’s salary in lieu of notice. On the other hand, any employee wishing to terminate his/her services with the Employer, he/she shall give the Employer one (1) month notice or pay one (1) month’s salary in lieu of notice.
(ii) If the Employer wishes to terminate the services of an employee who is on probation, the Employer shall give the employee one (1) month notice or pay one (1) month’s salary in lieu of notice. An employee serving his/her probation period shall give the Employer one (1) month notice of his/her intention to terminate the employment contract or pay one (1) month’s salary in lieu of notice.
(c) TERMINAL BENEFITS
An employee whose services have been terminated shall be entitled to all benefits provided the said employee has completed the probation period.
(a) Redundancy is understood to mean the involuntary loss of employment through no fault of the employee concerned, caused either by an excess of manpower or by the financial inability on the part of the Employer to continue paying salaries.
(b) Where it is necessary to terminate the employment of an employee on the grounds of redundancy, the Employer shall give the employee notice in writing of their intention to do so and pay severance as follows: -
(i) 1 year – 5 years of service shall be given one (1) month notice or be paid one month’s salary in lieu of notice and in addition be paid one month’s salary for each completed year of service.
(ii) Five (5) years – Ten (10) years shall be given two (2) months working notice or be paid two (2) months’ salary in lieu of notice and in addition be paid two (2) months’ salary for each completed year service as severance pay.
(iii) Ten (10) years and above shall be given three (3) months working notice or be paid three (3) months’ salary in lieu of notice and in addition be paid three (3) months’ salary for each completed year of service as severance pay.
(iv) All retirement benefits shall be paid to him/her as if he/she had resigned voluntarily.
(v) The union shall be informed of the reason for and the extent of intended redundancy.
(vi) The principle to be adopted shall be that of “last in, first out” subject to all other factors such as skill, merit, ability and reliability being equal.
(vii) Should an employment opportunity arise, the Employer shall give preference to the persons laid off as a result of redundancy provided that the vacancy that has arisen is of the similar grade that the said person was holding prior to his/her being laid off.
(viii) Where the employee is entitled to their benefits, e.g. leave, leave pay, e.t.c. a pro-rata compensation shall be made at the time of discharge on account of redundancy.
(ix) Salary for the purpose of calculating pay shall be the salary of an employee on the date the employee ceases to be in the employment.
(x) The effective date of these provisions shall be deemed to be the date of engagement of the employee.
Kenyan Labour law about Notice and Severance:
A worker may be terminated after serving due notice or paying in lieu of notice. Length of notice period depends on the type of employment contract. If workers are paid on a monthly basis or longer interval, a 28-day notice must be served before contract termination Source: § 35-36 & 43-51 of the Employment Act 2007.
Severance pay, paid by the employer, in Kenya is equivalent to 15 days basic wages for each completed year of employment. Source: § 35(5,6), 40(1g) of the Employment Act 2007.
(a) The Employer shall allow any employee wishing to retire early to do so voluntarily at the age of 50 years. This retirement shall be treated as if the employee has retired at the age of 60 years and therefore, such an employee shall be entitled to all the retirement benefits.
(b) All employees shall retire at the age of 60 years.
The Employer shall consult with the Union in case there is need for Voluntary Early Retirement or Retrenchment.
A unionisable employee who performs above average in his/her jobs shall qualify for merit increment at the discretion of the Employer.
Every employee shall be given a certificate of service by his/her Employer upon the termination of his/her employment for whatever reasons. Every certificate shall contain only the following details: -
(a) The name and address of the Employer
(b) The name of the employee
(c) The date when employment commenced
(d) The nature and usual place of employment
(e) The date when employment ceased
(f) Such other particulars as may be prescribed e.g. Courses attended. In addition the certificate of service shall contain a statement to the effect that it has been issued without alterations or erasure.
(a) (i) Employees serving in grades E1 to E6 shall be entitled to an annual leave of thirty (30) working days every year.
(ii) Employees of the Society shall be expected to take their annual leave entitlement every year.
The onus of applying to take the annual leave rests solely with the employee concerned and as far as possible the employees shall be granted leave on the anniversary date of his/her engagement.
However, due to office exigencies the Employer may arrange a leave roster accordingly upon application by an employee. Any employee wishing to extend his/her authorized leave period must obtain written permission from the General Manager.
(b) ANNUAL LEAVE ALLOWANCE
All unionisable employees proceeding on their annual leave shall be paid leave allowance equivalent to Kshs. 6,000/= every year.
Where an employee has exhausted his/her annual leave days and a need arises which requires him/her to be absent from duty, and the reason necessitating such absenteeism does not fall under the other categorized leaves e.g. compassionate leave e.t.c. the employee will qualify for fourteen (14) days leave days without pay unless the Employer at his own discretion decided otherwise.
Any absence from duty due to sickness shall be certified by a qualified medical practitioner and shall be granted as follows:-
(i) The first three (3) months on full pay
(ii) The subsequent four (4) months on half pay
(iii) Subsequent three (3) months without pay
Thereafter the Employer shall review the matter in consultation with the Union.
In the event of an injury to an employee, the provisions of the Work Injury Benefits Act 2007, Laws of Kenya shall apply and the Company shall bear the cost of medical treatment in accordance with the Employment and Work Injury Benefits Act.
Kenyan Labour law about Sick Leave:
In accordance with the Employment Act every worker is entitled to paid sick leave (sickness benefit) for up to 14 days per year, after completion of 2 months of service with an employer. Employer may provide fully paid sick leave for the first 07 days, and half wages are paid for the remaining 07 days. This full pay includes basic pay excluding deduction. Source: § 30 of the Employment Act 2007.
According to the Employment Act 2007, an employer may not dismiss a worker during his/her period of sick leave, pregnancy or disability. Such a dismissal would be unfair. Source: § 46 of the Employment Act 2007.
(e) MATERNITY LEAVE
(i) A female employee shall be entitled to ninety (90) days maternity leave with full pay.
(ii) The time at which maternity leave is taken shall be at the discretion of the employee concerned.
(iii) On expiry of a female employee’s maternity leave as provided for in the law, the female employee have the right to return to the job which she held immediately prior to her maternity leave or to a reasonably suitable job on terms and conditions not less favourable than those which would have applied had she not been on maternity leave.
(iv) No female employee shall forfeit her annual leave entitlement on account of having taken her maternity leave.
(v) A male employee shall be entitled to Paternity Leave of two (2) weeks with full pay when his spouse gives birth.
Kenyan Labour law about Maternity/Paternity and Work:
-Female workers are entitled to 3 months (91 calendar days) of fully paid maternity leave on the birth of a child. The worker must give a written notice of at least 7 day (or even shorter period under certain circumstances) prior to proceeding on maternity leave on a specific date and to return to work thereafter. Worker may also have to provide a certificate of her medical condition from a qualified medical practitioner or midwife, if required by the employer. Maternity leave can be extended with the consent of employer or a worker may proceed to sick leave or annual leave or any other kind of leave with employer's consent. Source: § 29 of the Employment Act 2007.
-The maternity leave is granted with full pay and the pay during leave period is financed by the employer. Source: § 29(1) of the Employment Act, 2007.
-It is illegal for an employer to dismiss a female worker due to her pregnancy or any other reason connected with her pregnancy in all aspects of employment. Source: § 46 of the Employment Act 2007.
-A female worker has the right to return to same job/position (or some other similar and suitable position) after availing her maternity leave, on same terms and conditions which would have applied if she had not been on maternity leave. Source: § 29(2) of the Employment Act 2007.
-Employment Act provides for two weeks/14 working days of paid paternity leave. Written notice is not required to proceed on paternity leave but employer may ask for it. Source: § 29(8) of the Employment Act 2007.
(f) COMPASSIONATE LEAVE
An application for a compassionate leave will be given sympathetic consideration. Any such leave shall not exceed fourteen (14) working days. Such leave shall not be subtracted from the employee’s annual leave days, and shall be with pay in any one year.
(g) PAID STUDY LEAVE
The Society shall allow staff to attend courses approved by it. An employee on study leave is deemed to be on duty.
The management and the union shall look into this issue at the shop-floor.
(i) Where an employee is required to carry out the duties of a post of a higher grade than his/her own, he/she shall be entitled to an acting allowance equivalent to the difference between the substantive basic salary of the employee concerned and the current entry point of the salary scale of the higher grade.
(ii) A person acting in a higher grade for a continuous period of six (6) months shall be confirmed in the higher grade provided the position is vacant and meets the qualifications for the post.
(iii) An employee shall be given a letter to the effect that he/she is acting within three (3) days of commencement of such acting.
House Allowance for all employees shall be increased by 8% 2014/2015 and another 8% 20151/2016across the board effective 1st April 2014 to 31st March 2016.