1.0. PREAMBLE
1.1
This Collective Agreement is made between MCC Limited hereinafter referred to as the “EMPLOYER” forming the first part to the Agreement and the COMMUNICATION AND TRANSPORT WORKERS’ UNION (COTWU (T) OF TANZANIA (hereinafter referred to as the Union), forming the second part of the Agreement.
1.2.
The agreement embraces “Negotiations and Consultations” on the rules and procedures through which negotiations and consultations shall be conducted, Salaries and Wages, other Terms and Conditions of employment applicable to workers employed and confirmed by the company except those on probation and daily paid workers.
1.3.
In this agreement however, where any word or clause contravenes the provisions or requirements of any of the existing Labour Laws or Regulations or Orders of the Country or Offers relatively inferior treatment or terms to those provided for; then the Laws or regulations shall apply.
1 4.
PRODUCTIVITY PERFORMANCE AND EFFICIENCY.
It is agreed that after successful conclusion of these discussions, the union shall assist the employer in:-
(i) ensuring that the proper plans to increase productivity are Implemented as drawn by the Employer
(ii) Preventing employees from indulging in acts which are
Detrimental to productivity (e.g. waste of materials, theft, negligence, lateness, absenteeism, insubordination etc) and reporting such acts or any other threats against the company and or its property and advising the management on how to handle such situations should they arise;
(iii) Take necessary measures to prevent negligent destruction of company property.
2.0. CHANGES IN LABOUR LEGISLATION
2.1.
In the event of any change, directive, new law etc; the Company and the Union shall meet as soon as possible, to change, amend or remove that part of the agreement which is in conflict with the respective Labour Legislation. It is agreed that such changes or amendments shall be to render the Agreement legally acceptable.
3.0 COMMUNICATION TO EMPLOYEES
3.1.
Management shall undertake to inform all employees of any policy changes affecting them as communicated to them by relevant authorities.
4.0 DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise requires -
4.1.0
“Employer/Company” - Shall mean MCC Limited
4.2.0
“Union” - Shall mean the Communication and Transport Workers' Union of Tanzania [COTWU (T)].
4.3.0
“Country” - Shall mean the Sovereign State Geographically known as Tanzania Main Land.
4.4.0
“Managing Director” - Shall mean the Managing Director of MCC Limited
4.5.0
Management - shall mean Managing Director, General Manager and Heads of Department.
4.6.0
“General Secretary” - Shall mean the General Secretary of the Communication and Transport Workers’ Union of Tanzania [COTWU (T)] or any other Officers or Officers duly authorized and delegated by him to act or carry out official functions on his behalf.
4.7.0
“Union Representative” - Shall mean the General Secretary of the Communication and Transport Workers’ Union of Tanzania [COTWU (T) or any other officer or Officers duly authorized by him to act or carry out Union functions on his behalf.
4.8.0
Employee - shall mean any person or persons employed by MGC- Limited under the permanent conditions only or as defined under the labor laws or Regulations of the Country.
4.9.0
‘Union Member” - Shall mean any employee of the Company who is a member of the Union and as defined by the Law of the Country.
4.10.0
“Commissioner” - Shalt mean the Commissioner dealing with Labour matters.
4.11.0
“Industrial Court of Tanzania” - Shall mean the Industrial Court of Tanzania.
4 12.0
“Council/Bargaining Unit” — Shall mean the Management/Union Joint Industrial Council within MCC Limited through which the Management and the Union meet to negotiate for improvement of Salaries and other terms and conditions of service.
4.13.0
“Salaries and Wages” - Shall mean Salary Scale. Wages rates, overtime rates and any other allowance.
4.14.0
“Other Terms and Conditions of Service” - Shall mean work rules and or regulations, hour and places of work, leave packages, travel concessions, meals and other catering concessions, pension and other related retirement emoluments that may be agreed upon between the parties from time to time and or Regulations relevant to these facilities in the Country.
4.15.0
“Collective Agreement” - Shall mean the Article or Document embracing ail items on which the Management and the Union have reached an understanding voluntarily through negotiations or any other Agreement reached by the parties through similar means.
4.16.0
“Grievance” — shall mean a complaint or complaints and or a feeling or feelings of dissatisfaction by either an employee (s) or employer, against any action or treatment or occurrence considered unfair by the party complaining.
4.17.0
“Grievance Settlement Procedures” - Shall mean any procedures/procedure’s laid down by the parties to cater for the settlement of grievance or settlement of disputes and as defined under the provisions of the Laws of the Country
4.18.0
“Trade Dispute” • Shall mean any dispute or differences or disagreement or misunderstanding between an employee or employees on Salaries or Wages or other terms and conditions of employment or as confined under the laws of the Country.
4.19.0
“Strike/Go Slow” - Shall mean cessation of work performance by a body or group of persons employed to carry out that function, acting in combination or concerted refusal or a refusal under a common understanding of any number of persons employed or a concerted interruption of work performance on a go slow basis by any number of work performance compelling their employer or any person or body of persons employing them to accept or not to accept terms or conditions affecting employment
4.20.0
“Lock Out” - Shall mean the right of an employer to lock out an employee in respect of dispute of interest as defined by Law of the Land.
4.21.0
“Appendix” - Shall mean an attachment or addendum to this Agreement and shall be read as part of the Collective Agreement.
4.22.0
Gender - Gender shall include or apply to both male and female genders, unless specifically applied.
4.23.0
“Redundancy” - Shall mean retrenchment or reduction of manpower, arising from compulsory re-organization of employees established strength or department, or section or unit of operations owing to economic circumstance beyond control of the employer and as defined under relevant articles of the Labour Laws.
4.24.0
“Dependent” - Shall mean husband/wife and any 4 children of an employee (whether Biological child or legally adopted) of not more than 18 years age.
4.25.0
“Repatriation Allowance” - Shall mean transportation costs of an employee, his immediate family members and his personal effects up to the place of domicile.
4.26.0
“Place of domicile” - Shall mean place of birth of an employee C' any other place according to the registration form of an employee.
5.0RECRUITMENT/APPOINTMENT AND METHOD
5.1.0
A person shall take up employment/be recruited by the Employer on a specified written contract of service mutually agreed.
5.2.0
In order to avoid discontent by either party any time during or after a salary and wages and other terms and conditions attached to and that, all this information shall be briefly made in writing.
5.3.0
Generally, there shall be two types of contra: of service as spelt out hereunder:
5.3.1 Special Contract of Service; whereby the appointment or engagement period shall be specified, with a provision f: renewal (if any). This type of contract shall have no regard to any ZB limit, provided always that the person taking up the employer is not below the age required by the law of the Country. However this group is not entitled to collective bargaining benefits.
5.3.2 Permanent and Pensionable Contract of Service; whereby an employee takes employment on permanent and pensionable terms. This is the type of employment in which a p son can work up to a certain age specified by the Laws of the Country with qualification or end of service benefits also attached to a certain number of years of service in the employment of the employer. whenever employees who are engaged under this type of contract shall first be appointed on probation period which shall not exceed six months.
5.3.4 In all cases any person employed by the Company shall be provided with a job description.
6.00 EMPLOYEE/EMPLOYER OBLIGATIONS
6.1.0
For the purpose of good employee/employer relations and the fulfillment of legal requirement, both parties expected to adhere strictly to their obligation.
6.2.0
The main obligation by either party in relation to paragraph 6.1.0 above are total adherence to:-
6.2.1The requirement and/ or provisions of the labour Laws or Rules or Regulations of the Country.
6.2.2The requirement and/ or provision of the Collective Agreement and any other matters mutually agree between the parties.
6.2.3The requirement of any Company written rules or the Labour Laws or regulations known to the union
7.0 WORKING HOURS
7.1.0
The Company shall have five working days per week with a total of 45 working hours, Saturday, Sundays and Public holidays shall be treated as rest days.
7.2.0
Work shall commence at 8.00 hours 17.00 hours and lunch break shall be between 13:00 and 14:00 hours.
8.0 STAFF/SERVICE REGULATIONS
8.1.0
There shall be written rules which stipulate almost all what is required of an employee as Guidance which forms part of this agreement.
8 1.1 MCC-Limited has more than one station area of operation and as such some employees may be moved from one area to another
8.2.2 Whereas movement of this nature is at the discretion of Management, this shall be done on strict adherence to the Regulations of the Country where transfer of the Chairman, Secretary and Committee Members of the Union Field Branches are involved
8.2.3 In all cases, any move to transfer an employee to another station should be communicated to the Union branch Office or that it is made aware of it and adjusts its records for Union Membership purposes.
8.2.4 An employee transferred shall be provide with up to 14 calendar days as settlement leave.
8. 2.5 Shall be entitled baggage allowance to - j new work station as shown below:
(a) Grade 1-5-3 tons
(b) Grade 6-8-2 tons
8.2.6 Shall be paid 21 days internal travel allowance.
8.2.7Shall be paid meal allowance (according to the grade of the employee) on each traveling da per employee plus husband/wife and 4 dependents for a maximum of 2 days.
9.0.EMPLOYMENT REMUNERATION
9.1.
While in the service of the Company, an employee, shall qualify for the employment remuneration a stated hereunder, the specified amounts or figures of which are revisable from time to time through mutual agreement.
9.2
Annual increase of salaries shall be effected in consideration of
the following
9.2.1.1 Any changes in labour Law', is regards to minimum
pay (Policies. Rules and ders), the employees contribution to the overall cc jany results and as per annual staff appraisal.
9.2.1.2 Cost of living index/inflation
9.2.1.3 Ability to pay vs productivity
10.0 COMPENSATION
10.1.0
This is compensation to workers for work done beyond normal working hours and is computed as follow
10.2.0
Ordinary Overtime
Extra hours worked during ordinary days shall be paid at time and half, i.e. normal rate plus 50%.
10.3.0
Double Overtime
All hours worked on a Public Holiday, Saturday, Sunday or employee’s normal day of rest shall be paid at double the normal rate i.e. normal rate plus 100%.
11.0 ALLOWANCES
11.1.0
Responsibility Allowance
Where an employee is required to temporarily perform a job in a more senior or higher position for a minimum of15 days within one calendar month which increases the workload, he will be communicated to in writing by the Management. The employee shall be paid additional 30% of his monthly salary plorated as Responsibility Allowance.
11.2.0
Transport Allowance
11.2.1
' The Company shall provide transport for all employees to and from work from designated parts of towns. However where there is a breakdown of the company bus, the company shall refund normal direct bus fare.
11.2.2
Where the breakdown is for a long period, say a week, another bus may be hired.
12.0.0 SUBSTISTENCE ALLOWANCE
12.1.0
.An employee traveling on duty to up-country station will be entitled to the following payment:-
12.1.2
Shall be paid fare to and from the station by the economic means of transport.
12.1.3
Internal travel allowance
12.3.1 Grade 3-4 — 40,000/-per day
12.3.2 Grade 5-6 — 35,000/-per day
12.3.3 Grade 7-8 — 30,000/-per day
12.1.4
Shall be paid meal allowance while travelling between his base station and the duty station and this shall be reviewed periodically. The schedule of allowance is available from the General Manager’s office.
13.0 ANNUAL BONUS
13.1.0
Bonus shall be paid to the workers according to performance of the company as decided by the Board of the company.
14.0 TERMINATION OF SERVICE
15.0 NOTICE
(a)The employer shall write a letter for the action stating elaborately the reasons for termination with a copy to the Union Field Branch Committee.
(b)Shall give 30 days notice or payment of 1 month’s salary in lieu of
notice.
16.0.0 TERMINAL BENEFITS ON TERMINATION OF EMPLOYMENT BY EMPLOYER ON GROUNDS OTHER THAN DISCIPLINARY ACTION.
16.1.0 Payment shall bel¬
ie.1.1 One month salary in lieu of notice
16.1.2 Payment of any leave days accrued
16.1.3 Any salary due to the day of termination
16.1.4 Facilitation, assistance of Social Security Fund (NSSF) and other Pension Scheme’s Benefits.
16.1.5 Repatriation allowance
16.1.6 Hand shake allowance of 1 month salary for each year of service up to a maximum of 15 yrs.
16.1.7 Severance pay as per Employment and Labour Relations Act 2004 Section 42
17.0. REDUNDANCY PROCEDURE
17.1. Both parties must do their level best to make sure this does not happen.
17.2. This shall mean discontinuation of employee’s services through reduction of Company labour force after necessity to do so has been established and mutually agreed. The Management must do the following before this exercise takes place.
17.3.1 Explain clearly in writing to the Union two (2) months prior to the implementation of the intending exercise.
17.3.2 Spell out the number of employees to be affected
17.3. Criteria for Redundancy
17.4.1 Both parties must agree on the criteria for the exercise centering on the following.
17.4.2 First in Last out (FILO) method
17.4.3 Voluntary redundancy/departure
17.4.4 Weaker performers and unqualified employees
17.4.5 Employees over 50 years of age who have served for the company for more than 15 years.
17.4.6 The Management shall prepare the list and inform the Union field Branch
18.0 REDUNDANCY TERMINAL BENEFITS
18 1.0 The Company shall pay the following:
18 1.1 One month notice to the employee or payment of 1 month salary in lieu thereof
18.1.2 Two (2) months basic salary for each year worked up to a maximum of 24 months
18.1.3 Repatriation allowance
18.1.4 Shall be paid travel meal expenses per employee plus husband/wife and 4 dependents at the ruling rate.
18.1.5 An employee promoted to non-represented position shall be paid his/her accrued benefits upon such promotion
19.1.0 Death of an employee
19.1.1 The company will provide coffin or money equivalent incase he/she died out of the employer reach.
19.1.2 During the funeral, the company shall provide transport to the Administrative Officer to buy coffin, food etc to assist the bereaved family.
19.1.3 Transport cost to the burial place of domicile or permanent dwelling place.
19.1.4 Death Benefits: Beneficiaries of an employee who dies shall be entitled to all terminal benefits as stipulated in 16.0.0 above.
19.1.2 Death of Next of Kin
Next of kin shall mean employee’s spouse or own or legally adopted children 18 years old and under. The employer shall pay for the following costs.
19.2.1 The company will provide coffin or money equivalent incase he/she died out of the employer reach.
19.22 During the funeral, the company shall provide transport to the Administrative Officer to buy coffin, food etc.to assist the bereaved family.
19.23 Transport cost to the burial place of domicile or permanent dwelling place.
20.0.0 RETIREMENT
20.1.
The compulsory retirement age is 60 years
20.2
Handshake allowance shall be 2 months salary for each year of service up to a maximum of 30 months.
21.0EARLY RETIREMENT
21.0. Provided an employee has served the company for at least 10 years and is 55 years of age he will be entitled to apply for Early Retirement.
21.1..1 The Employee shall give 3 months notice.
21.1.2 Shall be paid leave days accrued
21.1.3 Paid salary to the day of retirement.
21.1.4 Facilitation, assistance of Social Security Fund (NSSF) and other Pension Scheme’s benefits.
21.1.4 Repatriation allowance
21.1.5 Handshake allowance of two months of basic salary for every year of service up to a maximum of 15 years.
22.0. TERMINATION OF SERVICE ON MEDICAL GROUNDS
22.1.This is discontinuation of service as a result of ill-health, physical or
mental incapacitation as approved by a recognized Medical Board/Government recognized Hospital. The employer may seek another opinion from another doctor or Medical Institutions
22.1.1Termination shall be as per the provisions of the Employment and Labour Relation Act of 2004.
22.1.2 Hand shake allowance of two months in every year of service up to maximum of 24 months.
23.1.0 Sick leave shall be computed separately for each year and shall not be cumulative between holiday years and shall be treated as per the Employment and Labour Relation Act of 2004.
23.1.2When an employee exhausts the sick leave and sickness continues, his services may be terminated on medical grounds and be entitled to payments of terminal benefits as stipulated in 16.0.0 to 22.1.2 above.
24.0. LEAVE ENTITLEMENTS
24.1
. Leave Accrual
24.1.1. All employees within Grades: 3 — 5 24 working days 6 — 8 22 working days
24.1.2 No leave shall be accumulated for more than 2 years, unless at the request and agreement of the employer.
24.1.3 Any employee who proceeds on leave shall be paid his salary in advance only if the pay day falls during the leave period.
24.1.4 If an employee wishes to go on leave he shall make an application on the prescribed form.
24.1.5 Employer shall not pay employee an amount of money in substitution of the annual leave to which employee agree to such payment (as specified in section 31 (7) of Labour Laws.
25.2.1 Annual leave may be granted on application. The Company shall bear travel costs as listed below
25.2.2 The Employees proceeding on leave shall be entitled fare as follows:
(a) Grade 1—2 — 200,000/-
(b) Grade 3—4 — 180,000/-
(c) Grade 5—8 -- 150,000/-
25.3.0 Maternity/Paternity Leave
25.3.1Female employees who have completed at least 12 months of continuous service shall be entitled to 90 calendar days leave on full pay once in every three years.
25.3.2In case of illness which arises out of pregnancy and results in a female employee being temporarily incapable of performing her duties, such an employee shall be entitled to sick leave in accordance with the provisions of this agreement and recommendation of a doctor.
25.3.3Female employees will be allowed two (two) hours for breast feeding for 6 months after maternity leave.
25.3.4Male employee shall be entitled to paternity leave of three (3) calendar days.
An employee shall be entitled to 5 working days leave which is not deducted from annual leave. Compassionate leave shall be granted upon death of spouse, father/ mother, direct brother/sister and direct dependent.
26.0. MEDICAL SERVICES
26.1. The Company shall bear medical costs at Fee Paying Wards and/or Clinics to all employees, their spouses and own/legal adopted Children up to a maximum of 4 children of rot more than 18 years old. Except for children above 18 years who are dependents to their parents for reasons of pursuing School This will be applicable to Hospitals identified by the company except in emergency cases the Employer shall reimburse 75c/o of medical cost provided that costs have been communicated to the Company ir advance.
26.1.2 An employee referred to a distant hospital which is out of his or her place of work or stay shall be paid transport/fare only to and from the hospital. The company shall also pay for treatment expenses except where the treatment does not require admission at the referred hospital. The company shall provide accommodation and meals. All these will be done as per MCC Limited Medical Aid Scheme rules (a copy of which forms part of this agreement)
270 0 ACCIDENTS, COMPENSATION AND DEATH BENEFITS
27.1.0 Coverage and Policy - As per MCC Limited Insurance Policy on Group Workman’s compensation.
27.1.1. (a) All accidents encountered by employees at any time shall be reported immediately, provided that those occurring at workplaces shall be reported first to the employer and those occurring at different place during execution of official duty shall be reported to the police or other authority nearby.
28.0. LOANS, TYPES, ELIGIBILITY AND REPAYMENT
28.1. The Company may provide loan to permanent staff after considering the financial position of the company and the ability of the employee to repay the loan amount, Type of loans that may be accessed:
(a) Motor Vehicle
(b) Motor Cycle
(c) Bicycle
(d) Study
(e) Furniture
(f) Building materials
281 1 Repayment period - shall be up to 12 months and in special case extended to 24 months as long as the deduction are not more than 2/3 of his salary.
29.0. PROTECTIVE CLOTHING/UNIFORMS
29.1. Management shall provide suitable or appropriate protective clothing to relevant employees effective by 6th month of the financial year and this is 2 pieces per year.
30.0 LONG SERVICE AWARDS
30.1.0 The company shall give long service award to employees on completing of continued services of 10 years. 15 years, 20 years and 25 years respectively, whereby the award values will be as follows:
(a) 10 years of serviceTshs. 220,000
(b) 15 years of serviceTshs. 300,000
(c) 20 years of serviceTshs. 410,000
(d) 25 years of service Tshs. 730,000
30.2.0 The Management and the Union shall meet to make arrangement in awarding the deserving employees.
30.3.0 Best Workers Awards
30.3.1 There shall be a system of selecting and awarding the best workers annually as may be set up and decided by Management.
30.3.2 The management and Union at branch level shall determine on best worker. The annual best worker shall be awarded not less than Tsh.200,000.
30.3.3 The best workers shall be awarded at May Day Celebrations.
31.0.0 CERTIFICATE OF SERVICE AND RECORD REQUIRED
31 10 On termination of service, employees shall be issued with a certificate of service with the following information stated:
31.1.1 Name of Employer
31.1.2 Name of Employee
31.1.3 Dates of Engagement and Termination
32.0. GRIEVANCE SETTLEMENT AND PROCEDURES
32.1.Where either party to this agreement is not in agreement with an action by the other on matters of concern to Industrial Relations in the Company, or where either party feels that the other is acting contrary to provisions of this Agreement, the party so dissatisfied shall seek the assistance of the commission for mediation and arbitration or Labour Court.
32.1.1However, before a party takes the action discussed under the preceding paragraph, it shall give notice to the other of the intention to do so. This notice shall not be less than 21 days and shall give a brief explanation on the grounds of discontent.
33.0. AMENDMENT AND PROCEDURE
33.1.Any clause and or provision within this agreement may be amended or modified at the request of either party, provided always that the party so seeking amendment shall give written notice of not less than three months to the other of the intention to do so and that such amendment shall be mutually discussed and agreed by the parties.
34 0.0 EFFECTIVE DATE, DURATION
34.1.0 This Agreement comes into force on 1st July 2007 and shall run for two years to 30th June. 2009.
34.2.0 Notwithstanding paragraph 34.1.0 this Agreement shall stand effective until replaced by another.
34.3.0 Parties undertake to effect negotiations on a new Agreement 3 months before the expiry of the other.
34.4.0 In witness whereof the Parties hereto have set their hands in Dar es Salaamthe presence of subscribing witnesses.
FOR AND ON BEHALF OF MCCL
a) FIELD BRANCH CHAIRMAN (DSM)
(b)FIELD BRANCH SECRETARY (DSM)
(C)FIELD BRANCH CHAIRMAN (MBEYA)
(d)FIELD BRANCH SECRETARY (MBEYA)
BEFORE ME:
COMMISSIONER FOR OATHS