- COG.NO: 010/ 2078 8™ COLLECTIVE AGREEMENT e BETWEEN ‘THE EMPEROR HOTEL SDN. BHD. AND NATIONAL UNION OF HOTEL, BAR AND RESTAURANT WORKERS, PENINSULAR MALAYSIA. (1ST JUNE 2015 TO 3157 MAY 2018)ARTICLE 1 PARTIES TO THIS AGREEMENT. 1084 MALAYSIA RMIO.00 The parties bound by this Agreement are The Emperor Hotel Sdn, Bhd. having it 12..2.207 registered office at 123, Jalan Munshi Abdullah, 75100 MBLAKA (hereinaftep p¢jQur'srey referred to as “the Hotel”) and its successors, assignees or transferees of the one pars UFR and the National Union Of Hotel, Bar & Restaurant Workers, Peninsula. sesso! Malaysia, having its registered office at 44-4C, Jalan Sultan Ismail, 50250 KUALA LUMPUR (hereinafter referred to as “the Union”) of the other part. ARTICLE 2 EFFECTIVE DATE AND DURATION (a) This Agreement shall be deemed to have come into force on 1% June, 2015 and shall continue to remain in force until 31% May, 2018 and thereafter unless superseded by a new collective agreement or award. (b) During the period of this Agreement neither the Hotel nor the Union shall seek to alter, modify, annul or add to any of its terms and conditions in anyway whatsoever save by mutual consent or by operation of law. In the event that both parties agree to vary any of the terms of this Agreement, both parties shall jointly deposit such variations of the terms of Agreement with the Industrial Court for its cognisance within one (1) month from the date of agreement on the said variations. (©) This Agreement may be terminated by either party serving three (3) months notice in writing to negotiate for a new agreement but no such notice shall be given before 1* March, 2018. Negotiation shall commence not later than one (1) month from the date of receipt of such notice. In the event that this Agreement is terminated or of a deadlock in negotiation, the provisions of the current terms and conditions of employment shall prevail until superseded by new terms concluded between the parties or awarded by the Industrial Court. (@) In the event of the Hotel changing its name or of ownership or merging with other companies, the validity of this Agreement shall continue to apply and that all the employees shall continue to remain in service to enjoy the same entitlement as contracted for. ARTICLE 3 LEGISLATION (a) In the event of any legislation is introduced which is less favourable than those benefits in this Agreement, then the benefits in this Agreement shall continue to remain in force. (©) If the benefits in the legislation are more favourable than those in this, Agreement, then the provisions of the legislation shall supersede the benefits in this Agreement.ARTICLE 4. SETTLEMENT OF DISPUTE @) (b) Stage 1 Recognising the value and the importance of the full discussion in clearing up misunderstanding and every reasonable effort to preserve harmony, the Hotel and the Union shall dispose off any complaint from the employees at the lowest possible level. The following procedure shall be followed in dealing with any complaint save interpretation, variation or of non-compliance with this Agreement. Any employee alleging that he has any complaint may immediately lodge it with his Superior or Department Head. Stage 2 If within three (3) days, no solution has been resolved to the Stage 3 Stage 4 satisfaction of both parties, the matter shall be referred to the Human Resources Manager and the employee shall be represented by the House Committee. If within three (3) days, no solution is reached with the Human Resources Manager, the Union and its Branch shall step in together with the House Committee and the employee concemed to resolve the ‘matter with the General Manager. If no solution results within five (5) days, the matter may then be referred to the Department of Industrial Relations, Ministry of Human Resources for conciliation or mediation, ARTICLE 5 RECOGNITION & SCOPE OF AGREEMENT. @ (b) © ‘The Hotel recognises the Union as the exclusive bargaining principal in respect of and on behalf of such categories of employees who are eligible for membership thereof employed by the Hotel excluding the following: (i) Managerial employees; (i) Executive employees; (iii) Confidential employees; (iv) Security employees. The Union recognises the rights of the Hotel to operate its business and that the members will cooperate with the Hotel in working for the advancement of the Hotel’s business, However, the Hotel in the exercise of its rights to manage its business shall not violate any of the express or implied terms of this Agreement, nor shall it be used to victimise any of the members of the Union. Non - Union members who are within the Scope of this Agreement, shall not in anyway whatsoever be entitled to better or more favourable benefits than Union members.ARTICLE 6 CHECK-OFF @ ‘The Hotel shall remit to the Union not later than the seventh (7'*) day of each calendar month, the Union’s monthly subscription deducted from Union members who have authorised the Hotel to do so; Provided that: (i) The authorization letter shall specifically stipulate the monthly subscription rate and in the event of the rate being increased or decreased, a fresh authorisation letter for deduction shall be made. (ii) Nothing shall preclude the employee from withdrawing his consent by serving the Hotel seven (7) days’ nc ARTICLE 7 UNION’S NOTICE BOARD ‘The Hotel shall provide a Union Notice Board of not Jess than 61 cm x 122 om together with lock and key at a suitable place ARTICLE 8 PROBATION AND CONFIRMATION @ (b) ‘An employee who is engaged for employment by the Hotel shall serve a probationary period of not exceeding three (3) months and this period may be extended to not exceeding one (1) month, An employee shall be notified in writing by the Hotel not later than the seventh (7) day of completing his probationary period, initial or extended, whether he has been confirmed or not. If the Hotel fails to notify him within the stipulated duration, he shall be deemed to have been confirmed. On confirmation of a probationer, his service with the Hotel shall be deemed to have commenced from the date of his first appointment as a probationer and he shall be deemed to have been emplaced on the salary structure applicable to confirmed employees with effect from that date. ARTICLE 9 NOTICE OF VACANCY AND PROMOTION @) (b) The Hotel shall affix on the Staff Notice Board ten (10) days in advance of all vacancies it intends to fill. The policy for promotion from the lower post to the higher post shall be based from the lower salary to the higher salary and shall be from within. In the event of an existing employee is found unsuitable, the vacancy may then be filled from without.© @ © © An employee selected for promotion shall serve a trial period of not exceeding. three (3) months. If he is not confirmed in the higher post, he shall be reverted to his previous post and salary. An employee shall be notified in writing by the Hotel not later than the seventh (7) day of completing the trial period whether he has been confirmed or not. If the Hotel fails to notify him within the stipulated duration, he shall be deemed to have been confirmed. The annual incremental date of the employee shall be the anniversary date of his employment which shall not be affected in anyway whatsoever by his promotion. () On promotion, if an employee's last drawn basic salary is less than the minimum salary of the higher post, he shall be paid the minimum salary of the higher post plus one (1) annual increment of the higher post or salary whichever is greater, (ii) An employee who is currently earning a similar or higher salary than the minimum salary of the higher post, shall be entitled to two (2) annual increments of the higher post or salary whichever is greater. ARTICLE 10 SALARY STRUCTURE @ () © @ With effect from 1* June, 2015 every employee shall be given an immediate increment of four percent (4 %) of his basic salary as at 31% May, 2015 rounded up to the nearest ringgit New employees who join the Hotel on or after 1* June, 2015 but before 1% July 2016 shall follow the salary structure as per Appendix A. Employees who join the Hotel on or after 1* July 2016 shall follow the salary structure as per Appendix A(1).. In the event of a new position within the Scope of this Agreement is created the Hotel together with the Union shall negotiate on the salary and service charge points pertaining to such position. Annual Increment An employee shall be entitled to his annual increment on his anniversary date of employment as follows: (i) An employee drawing less than RM1400.00 basic salary per month shall be entitled to RM45.00 annually; (ii) An employee drawing RM1401.00 basic salary per month or more but less than RM1800.00 basic salary per month, shall be entitled to RMS0.00 annually. 5(iii) An employee drawing RM1801.00 basic salary per month or ‘more but less than RM2200.00.00 basic salary per month, shall be entitled to RMS55.00 annually; (iv) An employee drawing RM2201.00 basic salary per month or ‘more shall be entitled to RM60.00 annually. ARTICLE 11 ANNUAL BONUS, The Hotel shall pay to each and every employee at the end of each calendar year, an annual bonus as follows: @ Gi (ii) An employee who is in service with the Hotel for one (1) year or more, shall be entitled to one (1) month’s last drawn basic salary as bonus. An employee who is in service with the Hotel for less than one (1) year, shall be entitled to pro-rata of one (1) month's last drawn basic salary as bonus. An employee who resigns, retires, medically boarded out or retrenches from the Hotel during the year shall be entitled to a pro- rata basis of one (1) month’s last drawn salary as bonus. ARTICLE 12 SERVICE CHARGE @ @ ) The Hotel shall retain 10 % of the 100 % service charge imposed on all bills monthly. The remaining 90 % service charge shall be fully distributed to all employees covered within the Scope of this Agreement as listed in Appendix B, except part-timers, temporary, casual and retired employees. ‘The Hotel shall furnish to the Union Head Office not later than the fourteenth (14") day of the following month, a copy of the monthly statement of accounts of the service charge of the preceding month and to extend the same to the branch as'well as the House Committee as follows: @ Gi) ii) (iv) @) (i) The total service charge for each outlet; The grand total service charge; ‘The total number of service charge points of the employees; ‘The total number of service charge points increased or decreased; The value of service charge per point; The names, designation, department, date of employment and individual service charge point together with the individual value.© @ The Union shall have every right to check and inspect all accounting books, bills, documents or accounts relating to the 10 % service charge of any period of time on serving fourteen (14) days written notice. The service charge poinis shall on no circumstances whatsoever be deductible ‘when an employee is on any type of paid leave, ARTICLE 13 FESTIVAL CASH ADVANCE ‘The Hotel shall pay salary advance seven (7) days before Chinese New Year, Hati Raya Puasa, Christmas or Deepavali to employees celebrating that particular festival and if the festival occurs within the fifteenth (15") day of the month, one-half (4) month basic salary shall be paid and if the festival occurs on or after the fifteenth (15") day of the month, a salary advance equivalent to one (1) month’s basic salary shall be paid. ARTICLE 14 HOURS OF WORK. @ The total normal hours of work per week inclusive of forty-five (45) minutes meal break per day, shall be as follows:~ (forty-four (44) hours in respect of clerical and administrative employees; and i) forty-eight (48) hours in respect of other categories of employees. An employee shall not be required to work more than one (1) straight shift or one split shift within a period of 24 hours commencing from the time of commencement of the last shift. ARTICLE 15 OVERTIME @ (b) In addition to his ordinary rate of pay for that day, an employee who works in excess of the normal hours of work, shall be paid one and one-half (1%) times his hourly rate of pay. The minimum overtime may be one hour and any part thereof shall be calculated to the nearest half (1/2) an hour.ARTICLE 16 WEEKLY REST DAY (@)__ Every employee shall be entitled to a rest day in each week as follows: (thirty (30) hours for employee on shift work; and Gi) twenty-four (24) hours for employee on non-shift work. (©) A duty roster with every particular recorded therein shall be posted up in a conspicuous place in the hotel one (1) calendar month in advance stipulating the rest days of each and every employee. (©) Anemployee who works on a rest day regardless that the period of work is less than his normal hours of work on that day, shall be paid two (2) days” wages at his ordinary rate of pay. (4) An omployee who works in excess of his normal hours of work on a rest day, shall be paid two (2) times his hourly rate of pay. ARTICLE 17 PUBLIC HOLIDAYS (2) Every employee shall be granted fifteen (15) paid public holidays in each calendar year as specified below at his ordinary rate of pay as gazetted by the State or Federal Government. i) Birthday of the Yang Di Pertuan Agong ii) Birthday of the Governor of Melaka iii) National Day iv) Labour Day v) Malaysia Day vi) New Year's Day vii) Chinese New Year (Ist day) viii) Hari Raya Puasa ( Ist day) ix) Deepavali x) _Wesak day xi) Hari Raya Haji xii) Christmas xiii) Melaka Historical Day xiv) Prophet Muhammad’s Birthday xv) Maal Hijrah In additional, every employee shall be granted any declared paid public holiday. All administrative and clerical employees shall be entitled to all paid public holidays as gazetted by the State or Federal Government in any (one) calendar year(b) © @ © © ® The Hotel is prohibited from substituting the public holidays of (a)(i) to (v) for any other day; Provided that by agreement between the Hotel and the employee, any other day may be substituted for the remaining gazetted public holidays. ‘An employee may be required by the Hotel to work on any of the public holidays as specified above, and in such event he shall, in addition to the holiday pay he is entitled to for that day, be paid two (2) days’ wages at his ordinary rate of pay regardless that the period of work is less than his normal hours of work on that day. An employee who works in excess of his normal hours of work on any of the public holidays, shall be paid three (3) times his hourly rate of pay. If any of the specified public holidays falls on a rest day, the employee shall be granted the working day following immediately thereafter as a paid holiday in substitution therefor. If any of the specified public holidays or any other day substituted therefor falls within the period during which an employee is on sick leave, annual leave or during the period of temporary disablement under the Employees Social Security Act, the employee shall be granted another day as a paid holiday in substitution therefor. If any two of the specified public holidays falls on any of the specified public holidays, the employee shall be granted another day as a paid holiday in substitution therefor ARTICLE 18 ANNUAL LEAVE, Every employee shall be entitled to paid annual leave as follows:~ (@) ) © @ ‘An employee who has completed less than two years service, shall be entitled to ten (10) working days. An employee who has completed two (2) years service or more but less than five (5) years service, shall be entitled to thirteen (13) working days. An employee who has completed five (5) years service and more, shall be entitled to nineteen (19) working days. Every employee shall apply for his annual leave seven (7) days in advance and the Hotel shall notify him in writing within three (3) days of receiving his application whether his annual leave has been approved or otherwise. If the Hotel fails to notify him within the stipulated duration, his annual leave shall be deemed to have been approved. The Hotel shall make every effort to grant him annual leave and shall not unreasonably reject his application.© © An employee who is on paid annual leave becomes entitled to sick leave or maternity leave while on such annual leave, shall be granted the sick leave or the matemity Ieave, as the case may be, and the annual leave shall be deemed to have not been taken. The paid annual leave to which an employee is entitled, shall be in addition to his rest days and public holidays. ARTICLE 19 MATERNITY LEAVE (@) (b) © @ © Every female employee shall be entitled to paid maternity leave of two (2) months’ salary for a period of not less than sixty (60) consecutive days in respect of each confinement. The matemity leave may commence from any day within a period of thirty (30) days immediately preceding her confinement or not later than the day immediately following her confinement: Provided that by certification by the Hotel’s appointed doctors, any registered medical practitioner or medical officer as determined in advance, the female employee as a result of her advanced state of pregnancy is unable to perform her duties satisfactorily, may be required to commence her maternity leave at any time during a period of fourteen (14) days preceding her confinement. A female employee shall within a period of sixty (60) days immediately preceding her expected confinement notify the Hotel of it and the date from which she intends to commence her maternity leave. Leave of absence from work owing to any illness or miscarriage prior to the twenty-two (22) weeks of her pregnancy shall be considered as normal sick leave. Ifa female employee commences her maternity leave of sixty (60) consecutive days and dies during this period, her wages calculated from the day she commenced her maternity leave to the day immediately preceding her death, shall be paid to her nominee, or if no nomination has been made, to her personal representative. ARTICLE 20 MATRIMONIAL LEAVE Every employee shall be entitled to: @ ) Four (4) working days as paid matrimonial leave on the occasion of his first ‘marriage whilst in the service with the Hotel. ‘Two (2) working days as paid matrimonial leave in each calendar year on the occasion of the marriage of his children. 10In addition to his matrimonial leave, an employee who falls sick ot where any of the specified public holidays falls on his matrimonial leave, shall be granted an immediate extension of each day of sick leave or public holiday, as the case may be. ARTICLE 21 PATERNITY LEAVE Every employee shall be entitled to two (2) working days as paid paternity leave for each birth by his wife in each calendar year. ARTICLE 22 BEREAVEMENT LEAVE Every employee shall be entitled to: @ () © On the death of his parents, spouse or children, the paid leave shall be four (4) working days for each death. On the death of his brother, sister, parents-in-law, grand-parents, the paid leave shall be two (2) working days for each death, In addition to his bereavement leave, an employee who falls sick or where his, annual leave or any of the specified public holidays falls on his bereavement leave, shall be granted an immediate extension for each day of his sick leave, annual leave or paid public holidays, as the case may be. ARTICLE 23 PAID LEAVE FOR TRADE UNION COURSES @) An employee nominated by the Union o attend ‘Trade Union courses organised by the Union, Malaysian Trades Union Congress, National Productivity Corporation or the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (LU.R), shall be granted leave without abatement of wages: Provided that: (the Union notifies the Hotel in writing of one (1) week before the commencement of such courses; and Gi) not more than three (3) employees are away from the Hotel on such courses at any one time. aARTICLE 24 SICK LEAVE AND HOSPITALIZATION @ (b) (©) @ @) © Every employee shall after being examined and certified by the Hotel's appointed doctors, or medical officer or having regard to the nature or circumstances of illness, the services of the Hotel’s appointed doctors are not obtainable within a reasonable time or distance, by any other registered medical practitioner, be entitled to paid sick leave in the aggregate in each calendar year at the Hotel’s expense as follows: (i) Anemployee who has completed less than two years’ service, shall be entitled to fourteen (14) working days; (i) An employee who has completed two (2) years service or more but less than five (5) years service, shall be entitled to eighteen (18) working days; (ii) An employee who has completed five (5) years service and more, shall be entitled to twenty-three (23) working days. In addition to the sick leave provided for above, an employee shall be entitled to sixty (60) working days without abatement of wages if hospitalization is necessary. An employee shall also be entitled to paid sick leave after examination by a dental surgeon as defined in the Dental Act, 1971. An employee who is certified by the Hotel’s appointed doctors or medical officer to be ill enough to be hospitalized but is not hospitalized for any reason whatsoever, shall be deemed to be hospitalization for the purpose of this article. An employce who has been recommended by the Hotel’s appointed doctors or medical officer, shall be entitle to hospitalization in a second class ward in a government hospital at hotel’s expense ‘The Hotel shall not be liable for : () medical, surgical or other appliances; Gi) dentures or dental treatment; (ii) spectacles, lenses or optician fees; (iv) expenses incurred as a result of confinement, disease arising from misconduct or exposure to unjustifiable hazards (v) expenses incurred as a result of atlempted suicide, injury arising from the performance of an unlawful act, provoked assault or breach of peace except endeavouring to save human life. 12ARTICLE 25 DEATH IN SERVICE @ © If an employee who has been in continuous service for one year or more dies whilst in the service with the Hotel, shall be entitled to thirty (30) days last drawn basic salary for every year of service or Ringgit Malaysia two thousand (RM2,000.00) as a lump sum payment whichever is greater, The payment shall be made to his nominee, or if no nomination has been made, to his personal representative, not later than the seventh (7") day of his death, An incomplete year shall be calculated as a completed year of service. ARTICLE 26 SPLIT DUTY ALLOWANCE @ ) An employee who performs split duty in a spread over period of less than ten (10) hours in one day, shall be paid Ringgit Malaysia Three (RM3.00) per ‘occasion for such split duty performed. ‘An employee who performs split duty in a spread over period exceeding ten (10) hours in one day, shall be paid Ringgit Malaysia Three (RM3.00) pet occasion for such split duty performed and overtime as follows: (i) 1% times his hourly rate of pay on a normal day; (ii) 2 times his hourly rate of pay on a weekly rest day; and (ii) 3 times his hourly rate of pay on a public holiday. ARTICLE 27 RETIREMENT BENEFITS i) An employee who retires shall be entitled to a retirement benefit of thirty (30) day's last drawn basic salary for every year of service. ii) The retiring age for all employees shall be sixty (60) years. iii) An employee may opt to retire at fifty-five (55) years old. iv) An incomplete year shall be calculated on a pro-rata basic to the nearest month. ARTICLE 28 RETRENCHMENT AND RETRENCHMENT BENEFITS @) An employee who is terminated for retrenchment by reasons of redundancy shall be entitled to retrenchment benefits as follows: () fifteen (15) days’ wages for every year of service if he has completed less than five years service; or (ii) twenty (20) days’ wages for every year of service if he has completed five years service or more. 1B() © An incomplete year shall be calculated as a completed year of service. The Hotel shall give written notice of retrenchment to the employee not later than two (2) months or wages in lieu of notice before the date on which his, employment is to be terminated. The industrial principle of “last-in, first-out” shall be followed within each category of employee according to the individual’s anniversary date of employment. In the event of any vacancy arising within twelve (12) months of retrenchment, the Hotel shall give preference to applications from employees declared redundant previously. ARTICLE 29 FOOD ALLOWANCE Every employee shall be entitled to a food allowance of Ringgit Malaysia ninety (RM 90.00) per month. ARTICLE 30 FREE TRANSPORTATION The Hotel shall provide free transportation to every employee who:- @ @ finishes work at 11.00 p.m. to any time on or before 12.00 midnight up to a radius of 10 km. finishes work at 12.00 midnight and thereafter by sending him to his doorstep. ARTICLE 31 UNIFORM, LAUNDRY AND SHOES (@) (b) © @ An employee who is required to wear uniform shall be provided with two (2) sets of uniform initially. The Hotel shall consider providing more than two (2) sets of uniform whenever the hotel as its discretion feels necessary. The design and type of uniform for each employee shall be determined by the Hotel. Footware shall be given to employee in designated employment as determined by the Hotel ‘The Hotel shall arrange for and meet the cost of laundering of uniform on its own arrangements. The laundering of uniform shall be at the expenses of the Hotel, ‘The Hotel shall repair or replace any uniform or footwear which are damaged or worn out due to wear and tear during the performance of employee's duty. 14 vyARTICLE 32 INDIVIDUALAGREEMENT. Any individual agreement entered into between the employees and the Hotel, insofar as the terms of this Agreement is concerned, shall be superseded by this Agreement and shall be treated as null and void. ARTICLE 33 PROHIBITION ON UNFAIR LABOUR PRACTICE, ‘The Hotel shall act strictly in accordance with principles of natural justice on dismissal and shall not exercise any discrimination against any employee with respect to employment, promotion, lay-off, suspension, retrenchment, retirement, working conditions or not granting annual increment on the ground that the employee is a member of the Union. ARTICLE 34 MEDICALLY BOARDED OUT. (@) The Hotel shall pay thirty (30) days” last drawn basic salary for every year of service or Ringgit Malaysia Three thousand (RM3000.00) as a lump sum payment whichever is greater to any employee who is medically boarded out by at least two medical officers, (b) Payment shall be made to him not later than the third (3°) day of him medically boarded out. An incomplete year shall be calculated as a completed year of service. ARTICLE 35 PAID TIME-OFR (®) The Hotel shall provide paid time-off to all House Committee and shall not restrain, prohibit, inhibit, restrict or refrain them from attending any meeting irrespective of the hours of work: (i) between the Union and the Hotel; (i) between the Union and the House Committee; and (ii) between the House Committee and the Hotel. (b) The Hotel shall provide paid time-off to all House Committee and shall not restrain, prohibit, inhibit, restrict or refrain them from attending any industrial Court hearing between the Union and the Hotel irrespective of the hours of work. 15ARTICLE 36 EXAMINATION LEAVE ‘An employee who wishes to sit for an examination which is beneficial to his ‘employment shall be granted four (4) working days leave without abatement of wages in each calendar year ARTICLE 37 SHIFT ALLOWANCE (@) Every employee shall be entitled to a shift allowance as follows: () 3% shift which commences at 11.00 p.m. and thereafter — RM3.00 per occasion, ARTICLE 38 REST ROOM (@) The Hotel shall provide a rest room with the necessary and adequate facilities for the employees to rest: in between shifis; ) between meal breaks; (iii) before reporting for work ; or (iv) after work if there is rain. ARTICLE 39 OUTSIDE CATERING ALLOWANCE, (@) In addition to his ordinary rate of pay, an employe who performs outside catering within his normal hours of work for that day, shall be paid Ringgit Malaysia fifteen (RM15.00) per occasion excluding board and lodging. (b) Board and lodging shall be provided by the Hotel at its expense. (©) The Hotel shall provide at its expense the transportation for the employee to and from the place of outside catering, ARTICLE 40 SPECIAL PAID LEAVE FIRE OR FLOODS (a) An-employee shall be granted two (2) working days leave without abatement of wages for him to attend to his needs or his family if the house is burnt or as. a result of floods. (b) In the case of fire, the Hotel shall pay him a token sum of Ringgit Malaysia ‘two hundred (RM200.00). 16ARTICLE 41 ENTITLEMENT OF AGREEMENT Upon this Agreement being taken cognisance of by the Industrial Court, every employee covered within the Scope of this Agreement shall be given a copy of this Agreement by the Hotel (with amendments therein, if any) and to be given to new employee before the commencement of his employment. ARTICLE 42 EXISTING BENEFITS Notwithstanding the provisions of this Agreement, any existing benefit not covered by or in excess of the provisions of this Agreement shall continue to remain in force, ARTICLE 43 SEVERANCE PAY (@) In the event of the closure of the Hotel, an employee whose service is terminated, shall be entitled to severance pay as follows:~ i) twenty (20) days last wages for every year of service if he has ‘completed less than five years of service; or ii) twenty five (25) days last wages for every year of service if he has completed five years of service and more, An incomplete year shall be calculated as a completed year of service. (b) The Hotel shall give written notice of closure to employee not later than two (2) months or wages in licu of notice before the date on which his employment is to be terminated. ARTICLE 44 INTERPRETATION AND IMPLEMENTATION (a) Reference to the masculine gender shall where appropriate include the feminine gender and words importing the singular shall include the plural and vice versa. (©) Any dispute relating to the interpretation, variation or of non-compliance with this Agreement unless settled by negotiation between the Hotel and Union, shall be referred to the Industrial Court under the provisions of the Industrial Relation Act. (©) If this Agreement is translated into any language in addition to English, the English version shall be authoritative and final. WwAPPENDIX A. SALARY STRUCTURE OF EMPLOYEES COVERED WITHIN THE SCOPE OFTHE AGREEMENT (17 steps) POSITION STARTING CONFIRMATION MAXIMUM SALARY (RM) SALARY (RM) — SALARY (RM) FOOD & BEVERAGE F & B Coordinator 1120 140 1975 Supervisor 1070 1090 1915 Asst F & B Supervisor 1010 1030 1835 Captain 960 980 1780 Hostess 960 980 1780 Bar Tender 910 930 1725 Waiter/ Waitress 900 920 qmi5 F & B Cashier 900 920 1715 KITCHEN Chef De Partie 1230 1250 2105 Demi Chef 1010 1030 1735 Commis I 920 940 1835 Commis Il 900 920 4715 Pantry Maid 900 920 amis Steward Supervisor 1010 1030 1835 Steward 900 920 ams CHINESE KITCHEN 2" Cutter 1290 1310 2175 3 Cutter 1180 1200 2045 1" Cook 1120 1140 1975 2 Cook 1070 1090 1915 Relief Cook 1010 1030 1835 Kitchen Helper 900 920 ams FINANCE Accounts Supervisor 1070 1090 1915 Accounts Clerk 960 980 1780 Storekeeper 990 1010 1815 Store Clerk 950 970 1770 Chief Cashier 1070 1090 1915 Purchasing Asst, 990 1010 1815 FRONT OFFICE F/O Supervisor 1070 1090 1915 Asst F/O Supervisor 1010 1030 1835 Reservation Supervisor 1070 1090 1915 Bell Captain 960 980 1780 18Night Auditor Reservation Clerk F/O Assistant Bellman MAINTENANC Senior Supervisor Asst Senior Supervisor Maintenance Supervisor Senior Technician Wireman Electrician Carpenter Technician Handyman R&M Clerk HOUSEKEEPING Senior H/K Supervisor Room Supervisor Public Area Supervisor Laundry Supervisor Asst Room Supervisor Asst Public Area Supervisor Asst Laundry Supervisor Order Taker Room Attendant Public Area Attendant Laundry Attendant Gardener Life Guard Pool Attendant ADMINISTRATION Dispatch Clerk Receptionist Administration Clerk Driver SALES & MARKETING Sales Coordinator Aitist Assistant Artist 990 960 930 900 1180 1160 1140 1140 1070 1070 1070 1070 1010 960 1120 1070 1070 1070 1010 1010 1010 960 900 900 900 1070 900 960 960 960 1120 1070 1010 19 1010 980 950 920 1200 1180 1160 1160 1090 1090 1090 1090 1030 980, 1140 1090 1090 1090 1030 1030 1030 980 920 920 920 920 1090 920 980 980 980 980 1140 1090 1030 1815 1780 1745 qs 2045 2025 1995 1995 1915 1915 1915 1915 1835 1780 1975 1915 1915 1915 1835 1835 1835 1780 ms ams ams ams 1915 Ams 1780 1780 1780 1780 1975 1915 1835APPENDIX A(1) SALARY STRUCTURE OF EMPLOYEES COVERED WITHIN THE SCOPE OF THE AGREEMENT (17 steps) POSITION FOOD & BEVERAGE F & B Coordinator Supervisor Asst F & B Supervisor Captain Hostess Bar Tender Waiter/Waitress F & B Cashier KITCHEN Chef De Partio, Demi Chef Commis 1 Commis IT Pantry Maid Steward Supervisor Steward CHINESE KITCHEN 2" Cutter 34 Cutter 1 Cook 2"! Cook Relief Cook Kitchen Helper FINANCE Accounts Supervisor Accounts Clerk Storekeeper Store Clerk Chief Cashier Purchasing Asst FRONT OFFICE F/O Supervisor Asst F/O Supervisor Reservation Supervisor Bell Captain Night Auditor STARTING SALARY (RM) 1220 1170 110 1060 1060 1010 1000 1000 1330 110 1020 1000 1000 110 1000 1390 1280 1220 1170 10 1000 1170 1060 1090 1050 70 1090 1170 1110 1170 1060 1090 20 CONFIRMATION MAXIMUM SALARY (RM) 1240 1190 1130 1080 1080, 1030 1020 1020 1350 1130 1040 1020 1020 1130 1020 1410 1300 1240 1190 1130 1020 1190 1080 110 1070 1190 1110 1190 1130 1190 1080 110 SALARY (RM) 2095 2035 1955 1895 1895 1835 1825 1825 2225 1955 1845 1825 1825 1955 1825 2310 2165 2095 2035 1955 1825 2035 1895 1935 1885 2035 1935 2035 1955 2035 1895 1935Reservation Clerk F/O Assistant Bellman MAINTENANCE Senior Supervisor Asst Senior Supervisor Maintenance Supervisor Senior Technician Wireman Electrician Carpenter Technician Handyman, R&M Clerk HOUSEKEEPING Senior H/K Supervisor Room Supervisor Public Area Supervisor Laundry Supervisor Asst Room Supervisor Asst Public Area Supervisor Asst Laundry Supervisor Order Taker Room Attendant Public Area Attendant Laundry Attendant Gardener Life Guard Poo! Attendant ADMINISTRATION Dispatch Clerk Receptionist Administration Clerk Driver SALES & MARKETING Sales Coordinator Artist Assistant Artist 1060 1030 1000 1280 1260 1240 1240 1170 1170 1170 1170 110 1060 1220 1170 1170 1170 1110 1110 1110 1060 1000 1000 1000 1000 1170 1000 1060 1060 1060 1060 1220 1170 1110 21 1080 1050 1020 1300 1280 1260 1260 1190 1190 1190 1190 1130 1080 1240 1190 1190 1190 1130 1130 1130 1080 1020 1020 1020 1020 1190 1020 1080 1080 1080 1080 1240 1190 1130 1895 1865 1825 2165 2145 2u1s 2u1s 2035 2035 2035 2035 1955 1895 2095 2035 2035 2035 1955 1955 1955 1895 1825 1825 1825 1825 2035 1825 1895 1895 1895 1895 2095 2035 1955APPENDIX B SERVICE CHARGE POINT DISTRIBUTION TO EMPLOYEES WITHIN THE SCOPE OF THE AGREEMENT EXCEPT PART TIMERS, ‘TEMPORARY, CASUALAND RETIRED EMPLOYEES DEPARTMENT/POSITION = ST YEAR. YEAR 3" YEAR 4" YEAR FOOD & BEVERAGE F & B Coordinator 25 35 45 50 Supervisor 20 30 40 5.0 Asst F & B Supervisor 20 3.0 35 4.0 Captain 20 3.0 35 40 Hostess 2.0 3.0 35 4.0 Bar Tender 20 3.0 35 4.0 Waiter/Waitress 15 25 3.0 35 F &B Cashier 15 25 3.0 35 KITCHEN Chef De Partie 25 35 45 50 Demi Chef 20 3.0 40 45 Commis I 2.0 25 35 45 Commis II 15 25 35 4.0 Pantry Maid 15 25 35 4.0 Steward Supervisor 25 35 40 5.0 Steward 15 25 35 4.0 CHINESE KITCHEN 2" Cutter 20 3.0 40 5.0 3 Cutter 20 3.0 40 5.0 1" Cook 15 20 30 40 2" Cook 15 25 3.0 35 Relief Cook 15 25 3.0 35 Kitchen Helper 15 25 3.0 35 ACCOUNTS Accounts Supervisor 15 25 3.0 35 Accounts Clerk 15 20 25 3.0 Storekeeper 15 25 3.0 35 Store Clerk 15 2.0 25 3.0 Chief Cashier 25 35 4.0 5.0 Purchasing Asst 15 25 3.0 35 FRONT OFFICE F/O Supervisor 20 3.0 4.0 5.0 Asst F/O Supervisor 2.0 3.0 4.0 45 Reservation Supervisor 2.0 3.0 40 5.0 Bell Captain 20 3.0 4.0 45 Night Auditor 20 3.0 4.0 45 22Reservation Clerk F/O Assistant Bellman MAINTENANCE Senior Supervisor Asst Senior Supervisor Maintenance Supervisor Senior Technician ‘Wireman Blectrician Carpenter Technician Handyman R&M Clerk HOUSEKEEPING Senior H/K Supervisor Room Supervisor Public Area Supervisor Laundry Supervisor Asst Room Supervisor Asst Public Area Supervisor Asst Laundry Supervisor Order Taker Room Attendant Public Area Attendant Laundry Attendant Gardener Life Guard Pool Attendant ADMINISTRATION Dispatch Clerk Receptionist Administration Clerk Driver SALES & MARKETING Sales Coordinator Artist Assistant Astist 1s 20 15 2.0 20 2.0 2.0 2.0 2.0 2.0 2.0 1S 15 2.0 20 2.0 2.0 2.0 2.0 2.0 15 15 15 15 15 2.0 15 15 15 1S 15 20 2.0 15 23 2.0 3.0 2.0 3.0 3.0 3.0 25 25 25 25 25 2.0 2.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 25 25 25 2.5 25 3.0 25 2.0 2.0 2.0 15 3.0 35 25 25 aS 25 4.0 40 40 35 35 35 35 35 25 25 4.0 4.0 4.0 4.0 4.0 4.0 4.0 3.0 3.0 3.0 3.0 3.0 35 3.0 25 25 25 2.0 4.0 4.0 3.0 3.0 45 3.0 5.0 5.0 5.0 45 4.0 4.0 4.0 4.5 3.0 3.0 5.0 5.0 5.0 5.0 45 45 45 3.5 a5 35 35 46 45 35 3.0 3.0 3.0 3.0 5.0 4.0 4.0FOOTNOTE ‘The service charge distribution shall come into effect from 1* June 2015. On promotion, the employee shall receive the service charge points’ distribution of the promoted post, inespective of whether it is an increase or decrease. In the case of an increase which is more than one service charge point, the entitlement shall under no circumstances whatsoever exceed one (1) service point of such promoted post and the entitlement of the remainder of the service charge point (if any) on the following year from the date of promotion. In the event that an employee is not confirmed in the promoted post and is reverted to the lower post, he shall receive the service charge point he was previously entitled to prior to his promotion. 24Dated this ../2.... nay or 20% 017 SIGNED for and on behalf of SIGNED for and on behalf of ‘THE EMPEROR HOTEL SDN.BHD. ‘THE NATIONAL UNION OF HOTEL, BAR AND RESTAURANT WORKERS, PENINSULAR MALAYSIA: oa G, (USLI AFFANDI aging Dired General Secretary WITNESSED BY: a i Wea Sip are 1) sasuassasnhcncpnestesseneren FRANCIS LOPEZ MAT ZAID MAAROF General Manager Selangor Branch Vice Chairman 2. e NOR ZALEIHA BT ZAIN, Human Resources Manager Semen Perjanjian Kolektif ini telah raf oleh Mathkagh ft sebagaany itp) HOLRIME borane ees tualelaay