COLLECTIVE BARGAINING AGREEMENT BETWEEN MOFED TANZANIA LIMITED AND COMMUNICATIONS AND TRANSPORT WORKERS UNION OF TANZANIA (COTWU T)

New2

1.0 PREAMBULE

1.1 This Collective Agreement is made this 10th day of June the year two thousand and fourteen (2014) between MOFED Tanzania Limited (herein referred as the "EMPLOYER''), forming the first part to this Agreement and the Communication and Transport Workers Union (COTWU (T)) (herein referred to as the "UNION” forming the second part to the Agreement.

1.2 The Agreement embraces matters on salaries, wages and other terms and conditions of employment in respect of workers employed and confirmed by the Company.

1.3 In this Agreement however, where anything contravenes any of the provisions and or the Country's Labour laws or Regulations or Rules or Orders or where the Agreement's provisions offer relatively inferior treatments or terms to those provided for by such Laws or Regulations or Rules or Orders, the provision of the latter shall apply.

1.4 PRODUCTIVITY, PERFORMANCE AND EFFICIENCY.

It is agreed that successful conclusions of these discussions the Union shall assist the employer in:

1.4.1 Ensuring that proper plans to increase productivity are implemented as shown by the employer.

1.4.2 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 Management on how to handle such situations should they arise.

1.4.3 Taking necessary measurement to prevent negligence and destruction of Company property.

1.4.4 Both parties undertake to maximize their efforts with a view to achieving increased efficiency, labour productivity and profitability that is in keeping with the spirit as shrine in clause 15 in this Agreement.

1.4.5 As a result of the undertaking under paragraph 1.4.4 above, there will be production and or performance set targets by Management and mutually agreed by both parties aimed at giving calendar year - end Bonus to employees if such targets are achieved.

2.0 CHANGES IN LABOUR LEGISLATION.

2.1 In event of any change, or 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 made to render the Agreement legally acceptable.

3.0 COMMUNICATION TO EMPLOYEES.

Management shall undertake to inform all employees of any policy changes affecting them as communicated to them by relevant authorities, except from privileged confidential and private information.

4.0 DEFINITONS AND INTERPRETATIONS

In this Agreement, unless the context otherwise requires:

4.1 " EMPLOYER/ COMPANY” shall mean MOFED TANZANIA LIMITED and its subsidiaries.

4.2 "UNION” shall mean the COMMUNICATION AND TRANSPORT WORKERS UNION OF TANZANIA (COTWU (T).

4.3 "COUNTRY" shall mean the sovereign state geographically known as Tanzania Mainland.

4.4 "CEO” shall mean the Chief Executive officer of MOFED Tanzania Limited.

4.5 "MANAGEMENT” shall mean the Chief Executive Officer ( CEO), Chief Financial Officer (CFO) and Chie Operations Officer (COO) as Management Heads of Department.

4.6 "CHAIRPERSON” shall mean the Chairperson of the Communication and Transport Workers Union of Tanzania (COTWU (T) or any other officers or duly authorized and delegated by him/ her to act or carry out official function on his / her behalf.

4.7 "UNION REPRESENTATIVES” shall mean the General Secretary of the Communication and Transport Workers Union of Tanzania ( COTWU (T) or any other officers or officers duly authorized by him / her to act or carry out Union functions on his /her behalf.

4.8 "EMPLOYEE” shall mean any person or persons employed by MOFED Tanzania limited under the permanent conditions only or as defined under the Labour Laws or Regulations of the country.

4.9 "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 "COMMISSIONER” shall mean the Commissioner dealing with Labour matters.

4.11 "LABOUR COURT” shall mean the Labour Court of Tanzania Labour division established under Act No. 7

4.12 "JOINT INDUSTRIAL COUNCIL” shall mean the Management /Union with MOFED Tanzania Limited through which the Management and Union meet to negotiate for improvement of salaries and other terms of service.

4.13 "SALARIES AND REMUNERATIONS" shall mean salary, wage rates, overtime and any other allowance.

4.14 "OTHER TERMS AND CONDITIONS OF SERVICE” shall mean work rules and/ or regulations, hours and place of work, leave package, travel concessions, meals and other catering concessions, pensions and other related retirement emoluments that may be agreed upon between the parties from time to time and or regulations or any other agreement reached by the parties through similar means.

4.15 "GRIEVANCE” shall mean a complaint, or complaints and / or feelings or dissatisfaction by either the employees or employer, against any action or treatment or occurrence considered unfair by the party complaining.

4.16 "LABOUR DISPUTE” shall mean any dispute or difference or disagreement or misunderstanding between an employee or employees on salaries or other terms and conditions of employment or as defined under the law of the country.

4.17 "STRIKE” shall mean cessation of work by a body or group of persons employed to carry out that function, acting in combination or consented refusal or a refusal under a common understanding of any number of persons employed or a consented interruption or work performance compelling their employer or any persons or body or persons employing them to accept terms affecting employment or as defined by the law of the land.

4.18 "LOCK OUT" shall mean the right of the employer to lock out an employee or employees in respect of dispute of interest as defined by the law of the land.

4.19 "APPENDIX" shall mean an attachment or addendum to this Agreement and shall read as part of this Agreement.

4.20 "GENDER" shall include or apply to both male and female genders, unless specifically applied.

4.21 "RETRENCHMENT" shall mean reduction of manpower, arising from compulsory re-organization of employees established to strength department, or a section or unit of operations, owing to economic circumstance beyond the control of the employer and as defined under relevant articles of Labour laws.

4.22 "DEPENDANT" shall mean spouse and any four children of an employee whether biologically adopted under 18 years and formal and continuous school.

4.23 "REPATRIATION ALLOWANCE" shall mean transportation cost of an employee, spouse, 4 children and his/ her personal effects to the place of recruitment.

4.24 " PLACE OF DOMICILE” shall mean place of birth of an employee or other permanent dwelling place.

4.25 "ACTING ALLOWANCE” shall mean an allowance paid to an employee who is appointed to act in a higher grade.

4.26 "ACTING APPOINTMENT" shall mean an approved appointment of a serving employee to a higher position with a view to confirmation, for which acting allowance is payable.

4.27 "ACT" shall mean the Employment and Labour Relations Act No. 6 of 2004.

4.28 "SICK LEAVE" shall mean an approved absence from duty caused by illness of an employee as recommended by a recognized medical practitioner.

4.29 "MEDICAL EXAMINATION" shall mean an examination of an employee of

the Company carried out by recognized medical practitioner

4.30 "GENERAL SECRETARY" shall mean the General Secretary of the Communication and Transport Workers Union of Tanzania ( COTWU (T) or any other officer or officers duly authorized and or delegated by him / her to act or perform or carry out Union activities or functions on his/ her behalf.

4.31 "UNION FIELD BRANCH” shall mean the Unions leadership at a work place or the Union Executive Committee at a workplace as defined by the Country's Labour Laws,

4.32 "BASIC SALARY" for the purposes of this Agreement, basic salary refers to such amounts paid to employees as contained in their employment letters and shall not include the term "allowances”.

5.0 RECOGNITION

5.1 The Communication and Transport Workers Union of Tanzania ( COTWU (T) recognizes MOFED TANZANIA LIMiTED as the Employer of its members, while on the other hand MOFED TANZANIA LIMITED recognizes the Communication and Transport Workers Union of Tanzania as the sole representative of the workers employed by this Company and are members of this Union.

5.2 Within this Agreement, both parties agree to abide with the following:

5.2.1 To represent members in grievances and disciplinary hearing.

5.2.2 Improve worker's welfare and economy.

5.2.3 Improve efficiency and increase labour productivity with the view of increasing profitability.

5.2.4 Foster peace and harmony between the employer and employees/union and amongst workers themselves.

5.2.5 Permit the Union Field Branch Executive Committee to meet any time when there is need.

6.0 RECRUITMENT/EMPLOYMENT AND CONFIRMATION.

6.1 The Company shall recruit internally and or employ workers of its choice from the open labour market.

6.2 The employment in any type of service shall be made in writing with its terms and conditions openly spelt out in such a document.

6.3 PROBATIONARY PERIOD-on employment, employees will have six (6) months probationary period.

6.4 EXTENSION OF PROBATIONARY PERIOD

6.4.1 Where the performance of an employee under probationary period is found unsatisfactory and the Management wishes to try him / her further, it may do so by extending the designated probationary period in writing pointing out the shortcomings. However, in all cases such extension shall not exceed three (3) months of the designated probationary period. Thereafter the employer will communicate its decision to either confirm or terminate services.

6.5 TERMINATION OF SERVICE

During probations, any employee whose probation services are terminated will be given reasons for such termination in writing.

6.6 CONFIRMATION IN EMPLOYMENT

6.6.1 An employee satisfactorily completing his /her probationary period shall be confirmed in employment through confirmation letter.

6.7 In all cases any person employed by the Company shall be provided with a job description.

7.0 EMPLOER /EMPLOYEE OBLIGATIONS

7.1 For the purpose of good employer/ employee relations and fulfilment of legal requirement, both parties are expected to adhere strictly to their obligations.

7.2 The main obligation by either party in relation to paragraph 7.1 above is total adherence to the:

7.2.1 Requirement and / or provision of Labour laws, or Rules, or Regulations of the country.

7.2.2 Requirement and/ or provision of the Collective Bargaining Agreement and any other matters mutually agreed between the parties.

7.2.3 Requirement of any Company written rules or Labour Laws or Regulations known to the Union.

8.0 HOURS OF WORK

The Company shall observe the following:

A. Forty five (45) hours in six (6) days in any week.

b. Not more than fifty (50) overtime hours in any four (4) week

c. No employee to work more than twelve (12) hours in any day even under agreement.

d. Night work between 20:00 hrs and 06:00 hrs shall be paid night work allowance of 5% of the basic wage.

e. Sundays and Public Holidays shall be treated as paid rest days.

Work shall commence at 8:00 hrs to 17:00 hrs and lunch break shall be between 12:30 to 13:30 hrs. However, on Saturday work shall commence at 08:00 hrs and close at 13.30 hrs.

If an employee works on Public Holiday specified in the Public Holidays Ordinance, the Employer shall pay the employee double the employee's basic wage for each hour worked on that day.

9.0TRANSFER

Management has the discretion to transfer an employee from one department to another.

In the event that the transfer is necessary and it affects COTWU Field Branch members, i.e. Chairman, Secretary and Committee members, Management will consult the Union before implementing the transfer.

10.0 EMPLOYMENT REMUNERATION

10.1 While in the service of the Company, an employee shall qualify for employment remuneration stated hereunder, the specified amounts or figures of which are revisable from time to time through mutual agreement.

10.2 Annual increase of salaries shall be affected in consideration of the following:

10.2.1 Any changes in Labour Laws as regards to minimum wage (Policies, Rules, and Orders) or the employee's contribution to the overall Company results and as per annual staff appraisal.

10.2.2 Ability of the employer to pay vs. productivity.

10.2.3 For the financial year period ending on 31st March 2015, an increment of 10% of the basic salary and wages shall be awarded to all employees.

All increments, allowances and remunerations are subject to revision on each year

11.0 OVERTIME

11.1 This is compensation to workers for work done beyond normal working hours shall be paid as follows

11.1.1 ORDINARY OVERTIME

No more than three 3 overtime hours in any given day (normal is 9 working day hours.)

11.1.2 DOUBLE OVERTIME

All hours worked on Public Holidays and Sunday or employee's normal day of rest shall be paid at double the normal rate.

12.0 ALLOWANCES

12.1 ACTING ALLOWANCE

Where an employee is required to temporarily perform a job in a more senior or higher position for a minimum of one (1) month, which increases the employees work load, the employee will be communicated to in writing by management.

And by virtue of new duties, the employee shall be paid an acting allowance which is the difference between the basic wage of the senior grade and the acting employee's grade.

All junior employees acting in the position of a senior grade shall be promoted to such senior grade, if the situation warrants such promotion.

12.2 LIMIT OF ACTING

The employee should be allowed to act in one post for a period of not more than three ( 3) months consecutively, otherwise he/ she should be promoted to the post, or reverted to his /her substantive post.

12.3 TRANSPORT ALLOWANCE

12.3.1 The Company shall provide free transport for all employees to and from MOFED. However, where there is a breakdown of the Company Bus, the Company shall refund normal direct bus fare at the ruling rate.

12.3.2 The transport allowance payment shall take into consideration where some employees live and therefore, allow a maximum of two 2 commuter Bus fare for each working day on the basis of the real fare at a given time.

12.3.3 On the basis of paragraph 12.2.2 above, the fare for the period covered by this Agreement shall be two 2 commuter Bus times real fare of 700/= per trip times two (2) trips per day.( 2,800/=)

12.3.4 Since the Staff bus picks and drops off Staff at the nearest Bus stop, each employee will meet the additional Bus fare that might arise outside this arrangement.

12.4 RESPONSIBILITY ALLOWANCE

Employees, who are not entitled to overtime payments, shall be entitled to responsibility allowance which will be determined by Management.

12.5 TRAVEL ON COMPANY BUSINESS

12.5.1 DEFINITION

Where an employee undertakes a business trip to a location outside Dar es salaam and/ or abroad, the employee will be regarded as being on an official visit.

12.5.2 CHOICE OF ROUTE

Unless there is a good reason to do otherwise, a trip must always be made by the shortest route, by Unless there is a good reason to do otherwise, a trip must always be made by the Air, Road or Rail as the case may be.

Fares shall be paid to employees as follows

AIR TRAVEL: All employees will travel by economy class when on an approved Company business.

RAIL TRAVEL: Second Class will apply.

ROAD: Shall be paid fare to and from Dar es Salaam by economic means of transport, or use of pool utility vehicle, which ever may be suitable or the next best available alternative.

12.5.3 SUBSISTENCE ALLOWANCE FOR LOCAL BUSINESS TRAVEL.

a) An employee travelling locally on an approved Company business, and the employee opts not to take meals from the Hotel where the employee is accommodated, the employee is entitled to claim the following:

i) Breakfast Tzs 5,000/= per day

ii)Lunch Tzs 10,000/= per day

iii)Dinner Tzs 10,000/= per day,

b) A local subsistence allowance equivalent to Tshs 80,000/= per day will be paid to an employee where it involves an overnight stay away Dar es Salaam.

c) No subsistence allowance shall be paid in respect of absence from Dar es salaam not involving an overnight stay, except meal allowances as per clause (a) above.

12.5.4 SUBSISTENCE ALLOWANCE ON FOREIGN BUSINESS TRAVEL

A subsistence allowance (or per diem) is intended to cover all daily expenses whilst conducting official business or training overseas:

a) An employee will be paid subsistence allowance (or per diem) equivalent to USD 180,000/= as may be reviewed by Management from time to time, where it an overnight stay away from Tanzania. The subsistence allowance caters for all boarding expenses, including hotel accommodation, cost of meals, laundry, entertainment and incidentals.

Other consideration may be given when travelling to a region where the cost of living is known to be very high and accommodation may cost more than the regular subsistence allowance

b) Payment of airfares, visa costs, affiliation fees, airport departure tax and transportation will be met by the company

c) No access baggage costs will be met by the Company.

d) If a business trip is concluded in a day, reasonable expenses may be claimed.

13.0 HOUSING ALLOWANCE

All employees who are not entitled to company houses shall be paid housing allowance equivalent to 30% of their monthly basic wage.

14.0 CANTEEN

The employer shall provide lunch to employees each working day, and each employee will contribute Tzs 25,000/= per month towards the cost of the meals.

15.0 YEAR END BONUS

15.1 A Bonus may be paid to the workers at the end of the financial year dependent upon the financial performance of the Company. The amount to be paid to each employee will be determined by Management in consultation with the Union, subject to Board's approval.

15.2 In the event that Management can't pay the bonus to employees, shall inform the Union with reasons.

16.0 TERMINATION OF SERVICE

16.1 NOTICE

16.1.1 The employer shall write a letter for the action stating elaborately reasons for termination of service with a copy to the Union Field Branch Committee provided the employee is a unionized member.

16.1.2 The employer shall give thirty (30) days notice, or payment of one (1) month basic salary in lieu of notice.

17.0 TERMINAL BENEFITS ON TERMINATION OF EMPLOYMENT BY EMPLOYER OTHER THAN TERMINATION FOR DISCIPLINARY ACTION.

17.1 Payments shall be:

17.1.1 One (1) month basic salary in lieu of notice.

17.1.2 Payment of any leave days accrued.

17.1.3 Any salary due to the day of termination

17.1.4 Render assistance for settlement of Social Security Fund (NSSF) and other pension schemes benefits.

17.1.5 Transport of the employee and his/ her personal effects to the place of recruitment.

17.1.6 Paid one (1) month basic salary for each completed year of service up to the maximum of five (5) years.

17.1.7 Severance pay shall be at a rate often (10) days basic wage for each completed year of service with the Company up to a maximum often (10) years and also as stipulated in paragraph 20.5 of this agreement.

18.0 RETRENCHMENT PROCEDURE.

18.1 Both parties agree to do their level best to make sure this does not happen.

18.2 This shall mean discontinuation of employee's service through reduction of Company labour force after necessity to do so has been established as mutually agreed

18.3 The Management must do the following before this exercise takes place:

8.3.1 Explain clearly in writing to the Union two (2 months before implementation of the intended exercise.

18.3.2 Spell out the number of employees to be effected.

19.0 RETRENCHMENT

19.1 Both parties agree to this criterion which shall be followed.

19.2 First -last out (FILO) method.

19.3 Voluntary retrenchment /departure

19.4 Weaker performers and unqualified employees.

19.5 Employees over fifty (50) years of age who have served the Company more than ten (10) years.

19.6 Management shall prepare the list and consult the Union Branch Committee before implementation of the exercise

20.0 RETRENCHMENT TERMINAL BENEFITS.

20.1 The Company shall pay the following:

20.2 Give one (1) month notice to the employee or payment of one month basic salary in lieu of notice.

20.3 Pay one (1) month basic salary for each completed year of service as compensation for an unexpected loss of employment up to a maximum of nine (9) years.

20.4 Transport of the employee and his personal effects to the place of domicile shall be paid a fixed rate of Tzs 2, 00,000/= (two million only).

20.5 Severance pay shall be at a rate often (10) days basic wage for each completed year of continuous service with the Company up to a maximum often (10) years.

21. FUNERAL ASSISTANCE 21.1DEATH OF DIRECT EMPLOYEE

21.1.1 The Company shall provide a standard coffin to the deceased employee's family, and where the coffin is not necessary, equivalent amount shall be paid instead.

21.1.2 During the funeral, the Company shall provide transport and pay Tzs 1,000,000/=

(one million only) to the believed family as a special condolence by the Company.

21.1.3 The Company shall incur the transportation cost of the deceased employee up to the place of burial.

21.1.4 The Company shall pay Tshs 700,000/= towards hiring of tents, chairs and buying food stuffs.

21.2 DEATH OF SPOUSE, OWN CHILD OR REGISTERED DEPENDANT

In the event of the death of an employee's spouse, own child or registered dependant, the Company shall pay a sum of Tshs 600,000/= (six hundred thousand only) towards funeral costs. All costs regarding funeral expenses are covered in this grant, " Wife" means one wife and no polygamous marriage is permitted.

21.3 FUNERAL ASSISTANCE TO EMPLOYEES FATHER AND MOTHER

The Company shall assist in the event of death of an employee's registered father or mother Tshs 300,000/= (Three hundred thousand only)

22.0 COMPULSORY RETIREMENT

22.1 The compulsory retirement age for all permanent employees shall be fifty five (55) year, and either party shall give three (3) months notice of intention to retire.

22.2 RETIREMENT PACKAGE

22.2.1 0ne month basic salary in lieu of notice.

22.2.2 Leave days due

22.2.3 Transport of the employee and his/ her personal effects to the place of domicile, shall be at affixed rate of Tshs 2,000,000/= (two million only).

22.2.4 Severance allowance shall be at a rate often (10) days basic wage for each completed year of continuous service with the Company up to a maximum of ten (10) years.

22.2.5 Paid "Golden Hand shake" of one and a half basic salary for each completed year of continuous service with the Company up to a maximum often (10) years.

23.0 EARLY RETIREMENT

23.1 Provided an employee has served the Company for at least ten (10) years, or is fifty (50) years of age the employee will be entitled to apply for early retirement to the employer.

23.2 The employee shall give three (3) months notice.

23.3 Shall be paid salary and leave days accrued to the day of retirement.

23.4 The Company shall render assistance for settlement of Social Security Fund (NSSF) and other pension scheme benefits.

23.5 Transport to the place of recruitment.

23.6 Shall be paid a "Golden Handshake" of one month basic salary for each month completed year of continuous service up to a maximum often (10) years.

23.7 Severance pay shall be at a rate often (10) days of basic wage for each completed year of continuous service with the Company up to the maximum of ten years (10) years.

24.0 TERMINATION ON MEDICAL GROUNDS

24.1 This is discontinuation of service as a result of ill-health, physical or mental incapacitation.

24.2 Termination shall be as per provision of the Labour Act.

23.3 Other benefits as stated in section 17 above.

25.0 SICK LEAVE

25.1 An employee is entitled to sick leave of one hundred thirty (130) days per year, calculated as follows:

a) The first sixty five (65) days shall be paid at full wages.

b) The second sixty five (65) days shall be paid at half wages.

25.2 The employer will not pay for sick leave if the employee fails to produce a medical certificate, which is issued by a registered medical practitioner acceptable by the employer.

25.3 When the employee exhausts the sick leave and sickness continues, the employee's service may be terminated on medical grounds as stipulated in clause 24 above.

26.0 LEAVE

26.1 ANNUAL LEAVE

26.1.1 All employees are entitled to thirty (30) consecutive days leave, and such leave is inclusive of any Public Holiday falling within the period of leave.

26.1.2 Employees who has the employer less than six (6) months is not entitled to annual

leave.

26.1.3 Annual leave shall not accumulate for more than two (20 years requested the employee and agreed by the employer.

26.1.4 Any employee who proceeds on leave shall be paid his/ her salary in advance if the pay day falls during the leave period.

26.1.5 If an employee wishes to go on leave he/she shall make an application on the prescribed form.

26.2 LEAVE TRAVEL

Annual may be granted on application. The Company shall contribute Tshs 200,000/= (two hundred thousand only) as leave travel allowance for the employee and his/her spouse. As a rule an employee is required to take a minimum of twenty one (21) consecutive days leave to qualify for leave travel allowance.

26.3 MATERNITY/PATERNITY LEAVE.

26.3.1 A female employee shall give notice to the employer of her intention to take maternity leave at least three (3) months before the expected date of birth and such notice shall be supported by a medical certificate.

26.3. Female employee is entitled to eighty four (84) days paid maternity leave, or one hundred (100) days paid maternity leave if the employee gives birth to more than one child at the same time. Annual leave is automatically exhausted during maternity leave.

PATERNITY LEAVE.

Male employees are entitled to paternity leave of five (5) days.

26.4 COMPASSIONATE LEAVE.

An employee shall be entitled to seven (7) working days leave which is not deducted from annual leave.

Compassionate leave shall be granted upon death of spouse, father or mother, direct brother or sister and own child.

27.0 MEDICAL SERVICES

27.1 The Company shall pay Tsh 198,000/= (one hundred and ninety eight thousand only ) per month direct to the employee’s salary to meet medical costs for the employee, spouse and own/ legally adopted children up to four (4) children of not more than eighteen (18) years

27.2 HIV/AIDS

No discrimination of any kind shall not be made to any employee affected by HIV/AIDS, or living with HIV virus or suffering from it. The Company shall not terminate any employee who is suffering from AIDS for reasons of failure to perform duties efficiently, instead measures to transfer employee topless depending job shall be considered.

28.0 ACCIDENTS, COMPENSATION AND DEATH BENEFITS.

28.1 All accidents encountered by employees at any time shall be reported immediately, provided that occurring at the work place shall be reported first to the employer and those occurring outside the work place and in the course of execution of official duty shall be reported to the Police or later employer.

28.2 Policy and coverage, as per MOFED Tanzania Limited Insurance Policy on Group Workmen's Compensation as may be established by the employer.

29.0 LOANS AND ADVANCES

29.1 The Company has an approved Staff Loan Scheme Policy and Procedures meant to provide affordable house loans, car loans, furniture loans and persona loans to eligible members of staff.

The Company shall make available funds to the scheme as shall be provided from time to time in the budget as revolving Fund to be administered internally by the Loans Committee.

The employee must have the ability to repay the loan amount applied within the prescribed period.

Types of loans and their repayment periods are as follows:

29.1.1 House Loan-repayment period five (5) years

29.1.2 Car Loan -.repayment period three (3) years.

29.1.3 Furniture Loan- repayment period two (2) years.

29.1.4 Personal Loan-repayment period two (2) years.

29.1.5 INTEREST

The initial interest rate on all Staff loans shall be 10% on the principle amount per annum, subject to review from time to time.

The Company shall introduce an employee who wishes to get loans from lending and other financial institution.

30.0 PROTECTIVE CLOTHING/UNIFORMS

The Company will provide suitable or appropriate clothing to relevant employees i.e. two (2) pairs of uniforms or protective clothing each year.

31.0 LONG SERVICE AWARD

31.1 The Company shall give long service award to employees on completion of continued services often (10) years, 15, 20, and 25 years. The respective cash awards will be agreed upon by Management and the Union.

32.0 BEST WORKER AWARD

32.1 There will be a system of selecting departmental best workers quarterly as may be decided by Management.

Quarterly best workers will be selected from the Operations and Administration Departments as follows:

32.2 OPERATIONS DEPARTMENT

•Yard office

•ICD

•Clearing and Forwarding

•Workshop

•Security

ADMINISTRATION DEPARTMENT.

•Finance

•Procurement

•Marketing

•Human resource

•Administration( AO, Secretaries Drivers and Canteen

32.3 AWARD

The quarterly best workers AWARD shall be a Certificate of Recognition.

32.4 OVERALL BEST WORKER.

32.4.1 The Union will determine departmental best worker. The names of the selected Four (4) best workers will be given to Management to select the overall best worker.

32.4.2 The overall best worker shall receive material or cash awards which will be determined by Management and paid during May Day Celebrations.

33.0 STAFF TRAINING/DEVELOPMENT AND JOB APPROPRIATION/SUCCESSION

33.1 Staff training and development is essential to equip and improve employee's performance of their day to day activities Secondly, it's a role the employer undertakes to enhance efficiency at work place.

33.2 In order to achieve 32.1 above, the employer shall in its annual budget set aside funds for training and development of employs

33.3 As an incentive, employees attending part time courses approved by Management shall be refunded their fees upon the successful completion of studies and submission of a Diploma certificate or Degree.

33.4 Management shall consider promoting the employee and affecting a salary adjustment upon presentation of Diploma Certificate or Degree.

34.0 CERTIFICATE OF SERVICE

34.1 On termination of service, an employee shall be issued with a Certificate of Service stating:

34.1.1 Name of employee

34.1.2 Name of employer

34.1.3 Date of engagement

33.1.4 Position held.

34.1.5 Salary and grade on termination

34.1.6 Date of termination and reason for termination,

35.0 TERMINAL BENEFIT RESERVE

The Company shall reserve funds in special account each year to be used for paying terminal benefits of retrenchment, retired and terminated employees.

36.0 ARBITRATION PROCEDURE.

36.1 Where a party to this Agreement is not in agreement with an action by the other party on matters of Industrial Relations of 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 of Mediation and Arbitration (CM A) to arbitrate in the labour dispute.

36.2 However, before a party takes the action discussed under the preceding paragraph shall give not less than twenty one (21) days written notice to at the other party and shall give a brief explanation of the grounds of discontent.

37.0 AMENDMEND PROCEDURE

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 (3) months to the other party of the intention to do so and that such amendment shall be mutually discussed and agreed by the parties.

38.0 CONFIDENTIALITY

38.1 All information communicated or recorded and whatever form it takes, provided by both parties in connection with this Agreement shall be for others exclusive use and may not be divulged by either party to any natural or legal person (save as may be required under this Agreement), in which case either party shall ensure that such person undertakes to be bound by the terms similar to this clause such action shall not be taken without the prior written consent of the other which shall not be unreasonably withheld.

38.2 The restriction referred to 37.1 shall not apply to information, which is now, or hereafter enters the public domain other than as a result of breach by one party of its obligations in terms of clause 37.

39.0 EFFECTIVE DATE AND DURATION

39.1 This Agreement comes in force on the 10th June 2014 and shall run for two (2) years to 9th June 2016.

39.2 Notwithstanding paragraph 38.1, this Agreement shall remain in force until it is replaced by another.

39.3 Parties undertake to effect negotiations on a new Agreement three (3) months before the expiry of this Agreement.

39.4 SIGNATORIES TO THE AGREEMENT.

The representatives mentioned under paragraph below shall be signatories to this Agreement.

FOR AND ON BEHALF OF MOFED (T) LTD

DAVID CHIMFWEMBE

CHIEF EXECUTIVE OFFICER

DATE.....................................

JACOB GAUDENCE

HUMAN RESOURCE OFFICER

DATE..............................

FOR AND ON BEHALF OF COTWU T

MUSSA MWAKALINGA

ZONAL SECRETARY

DATE...........................

KULWA HASSAN

BRANCH SECRETARY

DATE....................................

TZA Mofed Tanzania Company Ltd - 2014

Start date: → 2014-06-10
End date: → 2016-06-09
Name industry: → Transport, logistics, communication
Public/private sector: → In the private sector
Concluded by:
Name company: →  Mofed Tanzania Company Ltd
Names trade unions: →  COTWUT - Muungano wa Wafanyakazi wa Usafiri na Mawasiliano wa Tanzania

TRAINING

Training programmes: → Yes
Apprenticeships: → No
Employer contributes to training fund for employees: → Yes

SICKNESS AND DISABILITY

Maximum for sickness pay (for 6 months): → 75 %
Maximum days for paid sickness leave: → 130 days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → No
Paid menstruation leave: → No
Pay in case of disability due to work accident: → No

HEALTH AND SAFETY AND MEDICAL ASSISTANCE

Medical assistance agreed: → Yes
Medical assistance for relatives agreed: → Yes
Contribution to health insurance agreed: → No
Health insurance for relatives agreed: → No
Health and safety policy agreed: → No
Health and safety training agreed: → 
Protective clothing provided: → 
Regular or yearly medical checkup or visits provided by the employer: → 
Monitoring of musculoskeletal solicitation of workstations, professional risks and/or relationship between work and health: → 
Funeral assistance: → Yes
Minimum company contribution to funeral/burial expenses: → TZS 300000.0

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 13 weeks
Job security after maternity leave: → Yes
Prohibition of discrimination related to maternity: → No
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → 
Workplace risk assessment on the safety and health of pregnant or nursing women: → 
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → 
Time off for prenatal medical examinations: → 
Prohibition of screening for pregnancy before regularising non-standard workers: → 
Prohibition of screening for pregnancy before promotion: → 
Facilities for nursing mothers: → No
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → No
Paternity paid leave: → 5 days
Leave duration in days in case of death of a relative: → 7 days

EMPLOYMENT CONTRACTS

Trial period duration: → 180 days
Severance pay after 5 years of service (number of days' wages): → 10 days
Severance pay after one year of service ((number of days' wages): →  days
Part-time workers excluded from any provision: → 
Provisions about temporary workers: → No
Apprentices excluded from any provision: → 
Minijobs/student jobs excluded from any provision: → 

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per day: → 8.0
Working hours per week: → 12.5
Working days per week: → 6.0
Maximum overtime hours: → 50.0
Paid annual leave: → 30.0 days
Paid annual leave: → 5.0 weeks
Rest period of at least one day per week agreed: → Yes
Maximum number of Sundays / bank holidays that can be worked in a year: → 
Provisions on flexible work arrangements: → No

WAGES

Wages determined by means of pay scales: → No
Adjustment for rising costs of living: → 

Premium for overtime work

Premium for Sunday work

Premium for Sunday work: → 100 %

Allowance for commuting work

Allowance for commuting work: → TZS 2800.0 per month

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → No
Loading...