Didaftarkan pada A1.8.JAN.200.... ero: 0177-2078 ‘ 9™ COLLECTIVE AGREEMENT BETWEEN BAYVIEW HOTEL MELAKA (KAH MOTOR CO. SDN.BHD.) AND NATIONAL UNION OF HOTEL, BAR AND RESTAURANT WORKERS, PENINSULAR MALAYSIA 18? JANUARY 2015 TO 315T DECEMBER 2017ARTICLE 1 (hereinafter referred to as ‘the Hotel’) and its successors, assignees or transferees of the PARTIES TO THE AGREEMENT ‘one part and the National Union of Hotel, Bar & Restaurant Workers, Peninsular Malaysia, having its registered office at 44-4C, Jalan Sultan Ismail, 90250 Kuala Lumpur (hereinafter referred to as ‘the Union’) of the other part. ARTICLE 2 Clause (i) Clause (ii) Clause (iii) Clause (iv) EFFECTIVE DATE AND DURATION This Agreement shall be deemed to have come into force on I* January 2015 and shall continue to remain in force until 31% December 2017 and thereafter unless superseded by a new collective agreement or award, During the period of this Agreement neither the Hotel nor the Union shall seek to alter, modify, annul or add to any of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 by serving three (3) months notice in writing of its intention to negotiate for a new agreement but no such notice shall be given before 1" October 2017. 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or of a deadlock in negotiation, the provisions of the current terms and conditions of employment shall prevail until superseded by new terms concluded between the parties or awarded by the Industrial Court In the event of the Hotel changing its name or of ownership or merging with other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 Clause (i) Clause (ii) ARTICLE 4 Clause (i) Clause (ii) Stage 1 Stage 2 Stage 3 Stage 4 LEGISLATION In the event of any legislation being 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, SETTLEMENT OF DISPUTE 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 of any complaint from the employee 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 immediate Superior or Department Head, If within three (3) working days, no solution has been resolved to the 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 five (5) working days, no solution has been resolved with the Human Resources Manager, the Union and its Branch shall step in together with the House Committee and the employee concerned to resolve the matter with the General Manager. If no solution results within seven (7) working days, the matter may then be referred to the Department of Industrial Relations, Ministry of Human Resources for conciliation ot mediation.ARTICLE 5 Clause (i) e Clause (ii) Clause (iii) ARTICLE 6 Clause (i) RECOGNITION AND SCOPE OF AGREEMENT 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: (2) Managerial employees (b) Executive employees (©) Confidential employees (@ Security employees (©) Temporary employees (for relief purposes of not more than four (4) months consecutively. 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. 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: (a) The authorisation 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, (>) Nothing shall preclude the employee from withdrawing his consent by serving the Hotel seven (7) days’ notice.ARTICLE 7 ARTICLE 8 Clause (i) Clause (ii) Clause (iii) ARTICLE 9 Clause (i) Clause (ii) Clause (iii) UNION’S NOTICE BOARD The Hotel shall provide at its expense a Union Notice Board together with lock and key at a suitable place. PROBATION AND CONFIRMATION ‘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. NOTICE OF VACANCY AND PROMOTION ‘The Hotel shall affix on the Staff Notice Board seven (7) days in advance of all vacancies it intends to fil. ‘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 bbe 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 with the same salary and service charge points prior to his promotion.Clause (iv) Clause (v) ARTICLE 10 Clause Clause (ii) Clause (iii) Clause (iv) 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 1°" January of each year which shall not be affected in anyway whatsoever by his promotion. (@) On promotion, if an employee's last drawn basic salary is Jess than the minimum salary of the higher post, he shall be paid the minimum salary of the higher post plus one and cone half (1) annual increments of the higher post or salary whichever is greater (b) An employee who is currently earning a similar or higher salary than the minimum of the higher post shall be entitled to two (2) annual increments of the higher post or salary whichever is greater. SALARY STRUCTURE With effect from 1* January 2015 every employee shall be given an immediate increment of four percent (4 %) of his basic salary as at 31* December 2014 rounded up to the nearest higher Ringgit New employees who join the Hotel on or after 1 January 2015 but before I July 2016 shall follow the salary structure as per Appendix B. Employees who join the Hotel on or after 1% July 2016 shall follow the salary structure as per Appendix B(1). In the event of a creation of a new position which is within the Scope of this Agreement, 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 the first (1*) January of each year and pro-rata to the nearest Ringgit for employees who have served less than one (1) as follows:ARTICLE IL Clause (i) @ (b) © @) © An employee drawing less than RMI, 200.00 basic salary per month, shall be entitled to RMS5.00 annually: An employee drawing RM1200.00 basic salary per month ‘or more but less than RM1, 400.00 basic salary per month, shall be entitled to RM60.00 annually, An employee drawing RMI, 400.00 basic salary per month or more but less than RM1,600.00 basic salary per month, shall be entitled to RM65.00 annually; An employee drawing RMI, 600.00 basic salary per month or more but less than RMI, 800.00 basic salary per month, shall be entitled to RM70.00 annually; ‘An employee drawing RM1, $00.00 basic salary per month ‘or more, shall be entitled to RM75.00 annually. ANNUAL BONUS ‘The Hotel shall pay to each and every employee at the end of each calendar yeat, an annual bonus as follows: @ (b) © @ ‘An employee who is in service with the Hotel for one (1) year or more shall be entitled to two (2) months? 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 a pro-rata basis of two (2) months” last drawn basic salary as bonus. An employee who retires, or is medically boarded out or retrenched by the Hotel during the year shall be entitled to a pro-rata basis of two (2) months? last drawn basic salary as bonus. ‘Notwithstanding the above, no bonus shall be paid to an employee who is dismissed, resigns or leaves the Hotel in breach of his contract of service.ARTICLE 12 Clause (i) Clause ( Clause (ii) Clause (iv) ARTICLE 13 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 C, except part-timers, temporary, casual and retired employees. ‘The Hotel shall furnish to the Union Head Office not later than the seventh (7") 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 House Committee as follows: (2) The total service charge for each outlet; (b) The grand total service change; (c) 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 seven (7) days written notice, The service charge points shall on no circumstances whatsoever be deductible when an employee is on any type of paid leave. FESTIVAL SALARY ADVANCE, ‘The Hotel shall pay salary advance seven (7) days before Chinese ‘New Year, Hari 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 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 (inclusive of food allowance) shall be paidARTICLE 14 @ ARTICLE 15 @ (i) (iii) ARTICLE 16 @ (ii) HOURS OF WORK ‘The total normal hours of work per week inclusive of one (1) hour meal break per day, shall be as follows: (@) forty-four (44) hours in respect of clerical and administrative employees; and (b) forty-eight (48) hours in respect of other categories of employees. OVERTIME Overtime shall only be worked at the request of the Hotel and with the consent of the employee, but such consent shall not be unreasonably withheld. 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 1/2) times his hourly rate of pay or RM8.00 per hour which ever greater: ‘The minimum overtime shall be one hour and part thereof shall be calculated to the nearest higher hour. WEEKLY REST DAY Every employee shall be entitled to a rest day in each week as follows: (@ Thirty (30) hours for employees on shift work; and (b) Twenty-four (24) hours for employees on non-shift work. A duty roster with every particular recorded therein including the rest days of each and every employee shall be posted up in a ‘conspicuous place in the Hotel one (1) calendar month in advance.ARTICLE 14 Clause (i) ARTICLE 15 Clause (i) Clause (ii) Clause (ii) ARTICLE 16 Clause (i) Clause (ii) HOURS OF WORK ‘The total normal hours of work per week inclusive of one (1) hour meal break per day, shall be as follows: (i) forty-four (44) hours in respect of clerical and administrative employees; and ii) 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 beginning from the time of commencement of the last shift OVERTIME ‘Overtime shall only be worked at the request of the Hotel and with the consent of the employee but such consent shall not be unteasonably withheld, 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 (1/4) times his hourly rate of pay or Ringgit Malaysia eight (RM8.00) per hour whichever is greater. ‘The minimum overtime shall be one hour and part thereof shall be calculated to the nearest higher hour. WEEKLY REST DAY Every employee shall be entitled to a rest day in each week as follows: (a) Thirty (30) hours for employees on shift work; and (b) ‘Twenty-four (24) hours for employees on non-shift work. A duty roster with every particular recorded therein including the rest days of cach and every employee shall be posted up in a conspicuous place in the Hotel one (1) calendar month in advance.Clause (iv) ARTICLE 17 Clause (i) Clause Gi) Clause (iii) Clause (iv) An employee 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’ basic salary at his ordinary rate of pay. An employee 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 or Ringgit Malaysia eight (RM8.00) per hour whichever is greater. PUBLIC HOLIDAYS Every employee shall be granted sixteen (16) paid public holidays in each calendar year as specified below at his ordinary rate of pay as gazetted by the State or Federal Government. (@) Birthday of the Yang Di Pertuan Agong, (b) Birthday of the Yang Di Pertua Melaka (©) National Day (@) Labour Day (© Malaysia Day () Chinese New Year (2 days) (@) Hari Raya Puasa (2 days) (h) Deepavali (i) Wesak Day @) Hari Raya Haji (K) Prophet Muhammad’s Birthday oO ‘Christmas. (m) Melaka Bandaraya Bersejarah (0) Awal Ramadan ‘The Hotel is prohibited from substituting the public holidays of (DG) to (© 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 be paid two (2) days” basic salary at his ordinary rate of pay, 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.Clause (v) Clause (vi) Clause (vii) ARTICLE 18 Clause (i) Clause (ii) Clause (iii) Clause (iv) 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 coincide and falls on the same day, the employee shall be granted another day as a paid holiday in substitution therefor. 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 eleven (11) working days. An employee who has completed two years service or more but less than five years service, shall be entitled to fifteen (15) working days. ‘An employee who has completed five years service or 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Clause (v) Clause (vi) Clause (vii) ARTICLE 19 Clause (i) Clause (ii) Clause (iv) ‘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 maternity leave, 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, ‘The Hotel shall grant and the employee shall take his annual leave not later than twelve (12) months after the end of every twelve (12) months continuous service and any employee who fails to take such annual leave at the end of such period shall thereupon cease to be entitled thereto. MATERNITY LEAVE, Every female employee shall be entitled to paid maternity leave of two (2) months’ basic salary for a period of not less than sixty (60) consecutive days in respect of each confinement. ‘The maternity 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-second (22") week of her pregnancy shall be considered as normal sick leave.Clause (¥) ARTICLE 20 Clause (i) ARTICLE 21 ARTICLE 22 Clause (i) Clause (ii) Clause (iii) Ifa female employee commences her maternity leave of sixty (60) consecutive days and dies during this period, her basic salary 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. MATRIMONIAL LEAVE Every employee shall be entitled to: Five (5) working days as paid matrimonial leave on the occasion of his first marriage whilst in the service with the Hotel. 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. 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, Death certificate has to be produced, 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 Clause (i) ARTICLE 24 Clause (i) Clause (ii) Clause (iii) PAID LEAVE FOR TRADE UNION COURSES ‘An employee nominated by the Union to attend Trade U Courses organised by the Union, Malaysian Trades Union Congress, National Productivity Corporation or the Intemational Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers? Associations (ILU.F.), shall be granted leave without abatement of his basic salary Provided that: (2) The Union notifies the Hotel in writing of one (1) week before the commencement of such courses; and (b) Not more than two (2) employees are away from the Hotel on such courses at any one time, SICK LEAVE AND HOSPITALISATION Every employee shall after being examined and certified by the Hotel’s appointed doctors, any registered medical practitioner or medical officer, be entitled to paid sick leave in each calendar year at the Hotel’s expense as follows: (An employee who has completed less than two years? service, shall be entitled to fourteen (14) working days; (ii) 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; (iii) An employee who has completed five (5) years service or more, shall be entitled to twenty-two (22) working days. In addition to the sick leave provided for above, an employee shall be entitled to sixty (60) working days without abatement of basic salary if hospitalisation is necessary. ‘An employee shall also be entitled to paid leave afer examination by a dental surgeon as defined in the Dental Act, 1971Clause (iv) Clause (v) @ Clause (vi) Clause (vii) ARTICLE 25, Clause (i) Clause (ii) ‘An employee who is certified by the Hotel’s appointed doctors, any registered medical practitioner or medical officer to be ill enough to be hospitalised but is not hospitalised for any reason whatsoever, shall be deemed to be hospitalised for the purpose of this Article. ‘An employee who has been recommended by the Hotel’s appointed doctors, any registered medical practitioner or medical officer, shall be entitled to hospitalisation including surgical fees, specialist fees, medical fees, x-ray fees and all miscellaneous charges in a second class ward in Government Hospital. However, if the 2™ class ward is not available he shall be upgraded to 1* class until such time where the 2” class ward is available. The total liability of the Hotel under this Article shall be limited to Ringgit Malaysia Four Thousand (RM4,000.00) per employee in any one calendar year. ‘The Hotel shall not be liable for: (i) Medical, surgical or other appliances; ii) Dentures or dental treatment; (iv) Expenses incurred as a result of pregnancy, confinement, abortion, self-inflicted injuries and disease arising from misconduct or exposure to any unjustifiable hazards; and (¥) Expenses incurred as a result of attempted suicide, injury arising from the performance of an unlawful act, provoked assault or breach of peace except endeavouring to save human life, Any employee who fails to comply with the medical instruction shall automatically disqualify the employee from benefits arising from this Article. DEATH IN SERVICE If an employee dies whilst in the service with the Hotel, he 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 third (3°) day of his death. An incomplete year shall be calculated on a pro-rata basis to the nearest month.ARTICLE 26 Clause (i) Clause (ii) ARTICLE 27 @ Clause (i) Clause (ii) : ARTICLE 28 Clause (i) Clause (ii) SPLIT SHIFT ALLOWANCE An employee who performs split shift in a spread over period of Jess than ten (10) hours in one day, shall be paid Ringgit Malaysia Four (RM4.00) per occasion for such split shift performed. An employee who performs split shift in a spread over period exceeding ten (10) hours in one day, shall be paid Ringgit Malaysia Four (RM4.00) per occasion for such split shift performed and overtime. RETIREMENT BENEFITS An employee who retires shall be entitled to a retirement benefit of thirty (30) days last drawn basic salary for every year of service, All employees shall retire on attaining the age of sixty (60) years old. An employee may opt for early retirement upon attaining the age of fifty five (55) years old. The Hotel reserves the right to accept or reject the application for early retirement. RETRENCHMENT AND RETRENCHMENT BENEFITS ‘An employee who is terminated for retrenchment by reasons of redundancy shall be entitled to retrenchment benefits as follows: (a) Fifteen (15) days’ last drawn basic salary for every year of service if he has completed less than five years service; or (b) Thirty (30) days’ last drawn basic salary for every year of service if he has completed five years service or more. An incomplete year shall be calculated on a pro-rata basis to the nearest month, The Hotel shall give written notice of retrenchment to employee not later than two (2) months or basic salary 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 cach category of employee according to the individual's anniversary date of employment. 15Clause (iii) ARTICLE 29 ARTICLE 30 ARTICLE 31 Clause (i) Clause (ii) Clause (iii) ARTICLE 32 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. FOOD ALLOWANCE Every employee shall be entitled to a food allowance of Ringgit Malaysia eighty five (RM85.00) per month. FREE TRANSPORTATION The Hotel shall provide free transportation to every employee to the radius of twelve (12) kilometres from the Hotel for those who finish their duties on or after twelve midnight. UNIFORM, LAUNDRY AND SHOES An employee who is required to wear uniform shall be provided with two (2) sets of uniform. The Hotel shall arrange for and meet the cost of laundering of Uniform on its own arrangement. The Hotel shall repair or replace any uniform that are damaged or wor out due to wear and tear during the performance of the employee's duty. INDIVIDUAL AGREEMENT 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 Clause (i) Clause (ii) ARTICLE 34 Clause (i) ARTICLE 35, ARTICLE 36 MEDICALLY BOARDED OUT The Hotel shall pay 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 to any employee who is medically boarded out by at least two medical officers. Payment shall be made to him not later than the third (3") day of him medically boarded out. An incomplete year shall be calculated on a pro-rata basis to the nearest month, PAID TIME-OFF The Hotel shall provide paid time-off to all House Committee attending any meeting irrespective of the hours of work: @ (o) jion and the Hotel; n and the House Committee; and (©) Between the House Committee and the Hotel; and (@) Attending any Industrial Court hearings which bear relation to the trade dispute between the Hotel and the Union. EXAMINATION LEAVE An employee who wishes to sit for an examination which is beneficial to his employment shall be granted five (5) working days leave without abatement of basic salary in each calendar year at the discretion of the Hotel SHIFT ALLOWANCE, Every employee shall be entitled to a shift allowance as follows: (a) 3% shift which commences at 5.00 p.m. and thereafter — Ringgit Malaysia Four (RM4.00) per occasion.ARTICLE 37 ARTICLE 38 Clause (i) Clause (ii) Clause (iii) ARTICLE 39 REST ROOM The Hotel shall provide a rest room with the necessary and adequate facilities for the employees to rest: (@) —_Inbetween shifts; (&) In between meal breaks; (©) Before reporting for work; or @ After work if there is rain, OUTSIDE CATERING ALLOWANCE, In addition to his ordinary rate of pay, an employee who performs outside catering within his normal hours of work for that day, shall be paid Ringgit Malaysia Twenty Five (RM25.00) per occasion excluding board and lodging, Board and lodging shall be provided by the Hotel at its expense if the venue of catering is outside the State of Melaka ‘The Hotel shall provide at its expense the transportation for the employee to and from the place of outside catering. SPECIAL PAID LEAVE FIRE OR MAJOR FLOODS An employee shall be granted two (2) working days leave without abatement of basic salary for him to attend to his needs or his family if the house is burt down or seriously damaged or as a result of major floods which renders the house unfit for staying, the Hotel shall pay a token sum of Ringgit Malaysia Three Hundred (RM300.00) only.ARTICLE 40 ARTICLE 41 ARTICLE 42 Clause (i) Clause (ii) Clause (iii) Clause (iv) 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 on the commencement of his employment EXISTING BENEFITS Notwithstanding the provisions of this Agreement, any existing benefits not covered by or in excess of the provisions of this, Agreement shall continue to remain in force. INTERPRETATION AND IMPLEMENTATION 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, implementation, variation or of non-compliance unless settled by negotiation between the Hotel and the Union shall be referred to the Industrial Court in accordance with the provisions of the Industrial Relations Act, 1967. ‘The Hotel shall implement the terms of this Agreement and pay to all the employees the arrears of basic salary, allowances and any other monetary benefits not later than one (1) month from the date of this Agreement. If this Agreement is translated into any language in addition to English, the English version shal! prevail.APPENDIX A. MANAGERIAL, EXECUTIVE, CONFIDENTIAL AND SECURITY POSITIONS General Manager Executive Assistant Manager Accountant Assistant Accountant Financial Controller Accounts Executive Purchasing Manager Purchasing Officer Income Auditor Cost Controller Food & Beverage Manager Restaurant & Bar Manager Banquet Manager Chinese Restaurant Manager Maintenance Manager Maintenance Officer Assistant Maintenance Officer Chargeman Housekeeper Assistant Housekeeper Laundry Manager Director of Sales Assistant Director of Sales Sales Manager Assistant Sales Manager Sales Executive Banquet & Sales Coordinator Public Relations Manager Public Relations Executive Rooms Division Manager Front Office Manager Senior Duty Manager Duty Manager Night Duty Executive Security Officer In-House Detective 2037 38 39 40 4l 2 B 4 45 46 7 48 49 30 st Senior Guards Security Guards Personnel//Administration Manager Personnel Executive Executive Chef Assistant Executive Chef Sous Chef Pastry Chef Chinese Chef Assistant Chinese Chef Dim Sum Chef Assistant Dim Sum Chef Ist Cutter Secretaries/Stenographers Confidential Clerks aiAPPENDIX B SALARY STRUCTURE OF EMPLOYEES COVERED WITHIN THE SCOPE OF THE AGREEMENT MINIMU, MAXIMU SALARY SALARY (RM) (RM) FOOD & BEVERAGE, Senior Supervisor 1190 2355 Supervisor 1105 2235 Assistant Supervisor 1050 2160 Senior Captain 1010 215 Captain 960 2045 Club Assistant 960 2045 Hostess 920 1985 Bar Tender 920 1985 Waiter/Waitress 900 1965 MAIN KITCHEN Senior Chef De Partie 1280 2475 Chef De Pattie 1180 2345 Demi Chef 1105 2235 Commis 1 1010 2u15 Commis U1 975 2060 Commis Il] 945 2025 Pantry Maid/Pantry Cook 900 1965 Apprentice Cook 900 1965 STEWARDING Chief Steward 1085 2210 Senior Steward 920 1985 Steward 900 1965 CHINESE KITCHEN Relief Cook 1850 3125 2nd Cutter 1550 2800 3rd Cutter 1400 2625 BBQ Cook 1350 2565 Steamer Cook 1300 2500 223rd Wok Cook Ist Cook 2nd Cook Apprentice Cook DIM SUN KITCHEN Ist Cook 2nd Cook Relief Cook 3rd Cook Apprentice Cook ACCOUNTS Accounts Supervisor Senior Accounts Clerk Storekeeper Senior Receiving Clerk Chief Cashier Night Auditor Costing Clerk Accounts Clerk Receiving Clerk F & B Cashier FRONT OFFICE Front Office Supervisor Reservation Supervisor ‘Guest Relations Supervisor Chief Telephone Operator Front Office Assistant Reservation Clerk Concierge Bell Captain Driver Despatch Clerk Telephone Operator Bell Man ART DEPARTMENT Senior Artist Artist 23 1300 1060 955 955 1550 1400 1300 1140 900 1500 1075 1030 1030 1030 1030 1010 1010 1010 955 1160 1105 1105 1030 1010 1010 1010 990 955 955 955 930 1650 1190 2500 2185 2040 2040 2800 2625 2500 2285 1965 2740 2200 2135 2135 2135 2135 2U15 215 U5 2040 2310 2235 2235 2130 2115 2015 2115 2080 2040 2040 2040 2000 2910 2355Junior Artist, MAINTENANCE, Maintenance Supervisor Senior Technician Sound Technician Technician HOUSEKEEPING Senior Supervisor Floor Supervisor Assistant Supervisor Senior Chambermaid Gardenet/Pool Attendant Chambermaid/Room Attendant Handyman Linen Maid Public Area Attendant LAUNDRY Laundry Supervisor Assistant Laundry Supervisor Laundry Clerk/Typist Dry Cleaner Valet Shop Attendant Laundry Attendant 24 1085 1105 104s 1oas 1000 1160 1105 1050 920 910 900 900 900 900 955 920 965 920 900 900 2210 2235 2155 2155 2100 2310 2235 2160 1985 1975 1965 1965 1965 1965 2040 1985 2125 1985 1965 1965APPENDIX B (1) SALARY STRUCTURE OF EMPLOYEES COVERED WITHIN THE SCOPE OF THE AGREEMENT MINIMU MAXIMUM SALARY SALARY (RM) (RM) FOOD & BEVERAGE Senior Supervisor 1290 2490 Supervisor 1205 2375 Assistant Supervisor 1150 2300 Senior Captain 1110 2250 Captain 1060 2185 Club Assistant 1060 2185 Hostess 1020 2125 Bar Tender 1020 2125 Waiter! Waitress 1000 2100 MAIN KITCHEN Senior Chef De Partie 1380 2595 Chef De Partie 1280 2475 Demi Chef 1205 2375 Commis 1 110 2250 Commis I 1075 2200 Comis III 1045 2155 Pantry Maid/Pantry Cook 1000 2100 Apprentice Cook 1000 2100 STEWARDING Chief Steward 1185 2350 Senior Steward 1020 2125 Steward 1000 2100 CHINESE KITCHEN Relief Cook 1950 3225 2nd Cutter 1650 2910 3rd Cutter 1500 2740 BBQ Cook 1450 2680 Steamer Cook 1400 2625 253rd Wok Cook Ist Cook 2nd Cook Apprentice Cook DIM SUN KITCHEN Ist Cook 2nd Cook Relief Cook 3rd Cook Apprentice Cook ACCOUNTS Accounts Supervisor Senior Accounts Clerk Storekeeper Senior Receiving Clerk Chief Cashier Night Auditor Costing Clerk Accounts Clerk Receiving Clerk F & B Cashier FRONT OFFICE Front Office Supervisor Reservation Supervisor Guest Relations Supervisor Chief Telephone Operator Front Office Assistant Reservation Clerk Concierge Bell Captain Driver Despatch Clerk Telephone Operator Bell Man ART DEPARTMENT Senior Artist Artist 26 1400 1160 1055 1000 1650 1500 1400 1240 1000 1600 1175 1130 1130 1130 1130 1110 1110 1110 1055 1260 1205 1205 1130 1110 1110 1110 1090 1055 1055 1055 1030 1750 1290 2625 2310 2175 2100 2910 2740 2625 2425 2100 2860 2340 2275 2275 2275 2275 2250 2250 2250 2175 2445 2375 2375 2275 2250 2250 2250 2220 2175 2175 2175 2135 3020 2490Junior Artist MAINTENANCE Maintenance Supervisor Senior Technician Sound Technician Technician HOUSEKEEPING Senior Supervisor Floor Supervisor Assistant Supervisor Senior Chambermaid Gardener/Pool Attendant Chambermaid/Room Attendant Handyman Linen Maid Public Area Attendant LAUNDRY Laundry Supervisor Assistant Laundry Supervisor Laundry Clerk/Typist Dry Cleaner Valet Shop Attendant Laundry Attendant 2 1185 1205 114s 45 1100 1260 1205 1150 1020 1010 1000 1000 1000 1000 1345 1185 1055 1020 1000 1000 2350 2375 2295 2295 2230 2445 2375 2300 2125 2015 2100 2100 2100 2100 2560 2350 2175 2125 2100 2100APPENDIX C RVICE CHARGE POINTS DISTRIBUTION TO EMPLOYEES WITHIN THE SCOPE OF THIS AGREEMENT EXCEPT PART-TMERS, TEMPORARY, CASUAL AND RETIRED EMPLOYEES 2nd 3rd th AstYear — IstYear Year Year_—-Year On On Probation Confirmation FOOD & BEVERAGE Senior Supervisor 1.50 2.50 3.00 3.50 4.00 Supervisor 1.50 2.50 3.00 3.50 4.00 Assistant Supervisor 1.50 2.50 3.00 3.50 4.00 Senior Captain 1.50 2.50 3.00 3.50 4.00 Captain 1.50 2.50 275 3.00 © 3.00 Club Assistant 1.50 2.50 275 3.00 3.00 Hostess 1.50 2.50 2.95 3.00 3.00 Bar Tender 1.50 2.50 2.75 3.00 3.00 Waiter/Waitress 1.50 2.50 2.75 3.00 3.00 MAIN KITCHEN Senior Chef De Partie 1.50 2.50 3.00 3.50 4.00 Chef De Partie 1.50 2.50 3.00 3.50 4.00 Demi Chef 1.50 2.50 3.00 3.50 4.00 ‘Commis | 1.50 250 3.00 3.50 4.00 1.50 2.50 3.00 3.50 4.00 Comis IIL 1.50 2.50 2.75 3.00 3.00 Pantry Maid/Pantry Cook 1.00 1.50 175 2.00 2.00 Apprentice Cook 1.00 1.50 175 2.00 2.00 STEWARDING Chief Steward 1.50 2.50 3.00 3.50 4.00 Senior Steward 1.50 2.50 2.75 3.00 3.00 Steward 1.00 1.50 175 2.00 2.00 CHINESE KITCHEN Relief Cook 1.00 1.50 1.75 2.00 2.00 2nd Cutter 1.00 1.50 1.75 2.00 2.00 283rd Cutter BBQ Cook Steamer Cook 3rd Wok Cook Ist Cook 2nd Cook Apprentice Cook DIM SUN KITCHEN Ist Cook, 2nd Cook Relief Cook. 3rd Cook Apprentice Cook ACCOUNTS Accounts Supervisor Senior Account Clerk Storekeeper Senior Receiving Clerk Chief Cashier Night Auditor Costing Clerk Accounts Clerk Receiving Clerk F&B Cashier FRONT OFFICE Front Office Supervisor Reservation Supervisor Guest Relations Supervisor Chief Telephone Operator Front Office Assistant Reservation Clerk Concierge Bell Captain Driver Despatch Clerk ‘Telephone Operator Bell Man 29 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.50 1.50 1.00 1.00 1.00 1.50 1.00 1.00 1.00 150 1.50 1.50 1.50 1.50 1,50 150 1.50 1.50 1.50 1.50 Ls 1.50 1.50 1.50 1.50 1.50 1.50 1.50 150 1.50 1.30 1.50 1.50 1.50 2.50 2.50 1.50 1.50 1.50 2.50 1.50 1.50 1.30 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 175 2.50 2.50 175 175 115 175 15 1.75 175 175 1S LIS 115 175 2.75 2.75 LS L175 175 3.00 175 175 15 2.75 3.00 3.00 3.00 3.00 3.00 3.00 2.75 2.75 2.75 2.00 275 275 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 3.00 3.00 2.00 2.00 2.00 3.50 2.00 2.00 2.00 3.00 3.50 3.50 3.50 3.50 3.50 3.50 3.00 3.00 3.00 2.50 3.00 3.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 3.00 3.00 2.00 2.00 2.00 4.00 2.00 2.00 2.00 3.00 4.00 4.00 4.00 3.50 4.00 4.00 3.00 3.00 3.00 2.50 3.00 3.00ART DEPARTMENT Senior Artist 1.00 1.50 1.75 2.00 Artist 1.00 1.50 175 2.00 Junior Artist 1.00 1.50 175 2.00 MAINTENANCE, Maintenance Supervisor 1.50 2.50 2.75 3.00 Senior Technician 1.50 2.50 2.15 3.00 Sound Technician 1.50 2.50 2.75 3.00 Technician 1.50 250 2.15 3.00 HOUSEKEEPING Senior Supervisor 1.50 2.50 3.00 3.50 Floor Supervisor 1.50 2.50 3.00 3.50 Assistant Supervisor 1.50 2.50 3.00 3.50 Senior Chambermaid 1.50 2.50 275 3.00 Gardener/Poo! Attendant 1.50 2.50 2.75 3.00 Chambermaid/Room Attendant 1.50 2.50 2.75 3.00 Handyman 1.50 2.50 275 3.00 Linen Maid 1,50 2.50 27S 3.00 Public Area Attendant 1.00 1.50 138 2.00 LAUNDRY Laundry Supervisor 1.50 2.30 3.00 3.30 Assistant Laundry Supervisor 1.50 2.50 3.00 3.50 Laundry Clerk/Typist 1.00 1.50 2.00 2.50 Dry Cleaner 1.50 2.50 2.15 3.00 Valet Shop Attendant 1.00 1.50 2.00 2.50 Laundry Attendant 1,50 2.50 2.75 3.00 FOOTNOTE 1. This service charge point distribution in Appendix C shall be from effective date of this Agreement. 2. The I* year represents an employee's entitlement of the service charge on date of probation and confirmation. The 2, 3 and 4" year represents the service charge points an employee is entitled thereto after completing 12 months continuous 30 2.00 2.00 2.00 3.00 3.00 3.00 3.00 4.00 4.00 4.00 3.00 3.00 3.00 3.00 3.00 2.00 4,00 3.50 2.50 3.00 2.50 3.00service from date of employment unless the maximum service charge point has been reached. On promotion, the employee shall receive the service charge points of the promotion post, irrespective of whether itis an increase or decrease. In the case of an increase, the employee shall receive the immediate higher service charge points of the promoted post from hiis current service charge point irrespective of his years of service and in the event that the increase is more than one service charge point, the entitlement shall under no circumstances whatsoever exceed one service charge point of such promoted post and the remainder of the service charge point (if any) on the following year from date of promotion. In the event that an employee is not confirmed in the promoted post and is reverted to his former post, he shall receive the service charge point he has previously entitled to prior to this promotion. 31Dated this Decetaber 19, 2018 Signed for and on behalf’ BAYVIEW HOTEL MELAKA (Kah Motor Co.Sdn Bhd) CHEIVAKUMAR CHARKARAVARTHY g LIM PUAI SI Finance Manager GUL O. Asst. Admin & HR Manager Signed for and on behalf of NATIONAL UNION OF HOTEL, BAR & RESTAURAN’ WORKERS, PENINSULAR MALAYSIA NORAISYA ABD AZIZ, President RUSLIAFFANDI General Secretary Qey PUTRA MOHD ESA House Committee SEES Tee Ffeolg. (8. ol:go0a