COLLECTIVE AGREEMENT Between CB.M.W.U Construction And Building Materials Workers’ Union‘TABLE OF CONTENTS ‘SECTIONS CONTENTS PAGE DEFINITIONS... SECTION 1: PERIOD OF THE AGREEMENT. ‘SECTION 2: WAGE OPENER...... SECTION 3: RECOGNITION.. ‘SECTION 4: RESPONSIBILITIES OF PARTIES TO THE AGREEMENT... ‘SECTION 5: UNION SHOP... 5.1; UNION STEWARD.. SECTION 6: UNION NOTICE BOARD... SECTION 7: CHECK-OFF OF TRADE UNION DUES... SECTION 8: PERMISSION FOR UNION MEETINGS... SECTION 9: ADMISSION OF UNION REPRESENTATIVES. SECTION 10: EMPLOYMENT PROCEDURE AND PROBATION... SECTION 11: SALARIES AND WAGES.. SECTION 12: CREATION AND CLASSIFICATION OF NEW JOBS... SECTION 13: TRAINING WITHIN INDUSTRY .. SECTION 14: FILLING OF VACANCIES. SECTION 15: CERTIFICATE OF SERVICE .... SECTION 16: EXAMINATION FEES / EXPENSES... SECTION 17: LEGAL ASSISTANCE... SECTION 18: HOURS OF WORK... SECTION 19: OVERTIME RATES .. SECTION 20: PAY DAYS AND TIME.. SECTION 21: SAFETY AND HEALTH... 21.1: General .. 21.2: Personal Protective Equipment / Clothing21.3: Industrial injury and Disease .... SECTION 22: PROTECTIVE DEVICES / RISK ALLOWANCE..... SECTION 23: MEDICAL FACILITIES ... 23.1: Occupational Injury / Disease... 23.2: Non-Occupational. SECTION 24: FUNERAL GRANTS. SECTION 25: MATERNITY LEAVE... SECTION 26: ANNUAL LEAVE... SECTION 27: COMPASSIONATE LEAVE ....» SECTION 28: STUDY LEAVE...» SECTION 29: OUT-OF-STATION ALLOWANCE... SECTION 30: TERMINATION OF EMPLOYMENT... 31.1: Notice of Termination of Employment. 31.2: Remuneration on Termination of Employment... 31.3: Exit Process and Procedure SECTION 32: DISCIPLINARY ACTION AND PROCEDURES ..... 32.1: Minor Misconduct .. 32.2: Sanctions for Minor Misconduct... 32,3: Gross Misconduct ..... 32.4: Sanctions for Gross Misconduct... 32.5: Procedures for Dismissal 32.5.1; Interdiction during investigations .. 32.6: Alternative penalties for dismissal...... SECTION 33: REDUNDANCY/SEVERANCE PAY .... SECTION 34: GRIEVANCE PROCEDURE... SECTION 35: TRANSPORT SUBSIDSECTION 36: STRIKES AND LOCK OUTS.. SECTION 37: SAVING CLAUSE.. SECTION 38: INTERPRETATION... ‘SECTION 39: LABOUR REGULATIONS... ‘SECTION 40: SALARIES AND WAGES.. SECTION 41: VIOLENCE AND HARASSMENT... ‘SECTION 41.1: PROCEDURES .. ‘SECTION 41.2: SANCTIONS, ‘SECTION 42: EFFECTIVE DATE ...DEFINITIONS Except explicitly defined in the text of the document, in this Collective Agreement the meanings attached to the following words are: a) b) °) 4) 9) h) ‘Basic daily wage’ or ‘pay’ is the total sum of money in exchange for labour effort in an eight-hour day work. ‘Monthly wage’ or ‘monthly pay’ is the computation of the daily basic wage multiplied by twenty-seven (27). ‘Hourly rate’ is defined by dividing the daily basic wage by eight (8) hours. ‘Company’ or ‘employer’ stands for Superlock Technologies (STL) Limited / Supertech (STL) Ltd and Amandi Investment Ltd. Hereinafter referred to as “STL” *CBMWU' is the acronym for Construction and Building Materials Workers Union of GTUC ‘GTUC’ stands for Ghana Trades Union Congress, ‘Permanent worker is defined as a worker who has completed the probation period of five (5) months, That permanency is not intended to mean a life-long service but it is limited to the period when work exists in the company for the worker. ‘Casual worker’ means a worker engaged in work which is seasonal or intermittent and not for a continuous period of more than six months and whose remuneration is calculated on a daily basis, Any reference to gender shall, where the circumstances so admit, refer to either gender.This AGREEMENT is effective from the 1% day of March, 2022, and is contracted between STL (hereinafter referred to as ‘the Company’ or ‘the employer’) and the Construction and Building Materials Workers Union of Ghana Trades Union Congress (CBMWU/GTUC), officially certified under the Labour Act, 2003 (Act 651) (hereinafter referred to as ‘the Union’), whereby the Union has negotiated with the employer on all matters connected with the employment or the conditions of labour of any of the workers for whom the Union is certified to negotiate. This agreement shall apply to: a) All new workers taken on after the agreement is signed and who have opted to join the Union, b) All permanent and non-permanent (contract) workers who are members of the Union. ©) Allthe current workers of the company shall be deemed to have been employed by STL from the date of engagement. SECTION 1: PERIOD OF THE AGREEMENT ‘The duration of this Agreement shall be for a period of three (3) years commencing from the effective date of the Agreement. After thirty-four (34) months from the date of this Agreement, either party may give one (1) month notice in writing of its desire either to continue with the Agreement for a further period to be agreed upon between the parties at the time or of its intention to review or terminate the agreement. ‘SECTION 2: WAGE OPENER At any time after twelve (12) months from the date of this agreement and twice in the life time of this contract, the Company or the Union may re-open negotiation on rates of pay and allowances annually, by giving one calendar month's notice prior to the date of commencement of the re-negotiation. Salaries and wages shall be effective on the date agreed by the two parties to this agreement, and.subject to review twice in the life of this Agreement, and the new rates will take effect from the date agreed to.SECTION 3: RECOGNITION ‘The company recognizes the Union as the appropriate representative of workers to’ conduct Collective Negotiations on behalf of its members. SECTION 4: RESPONSIBILITIES OF PARTIES TO THE AGREEMENT ‘The purpose of this Agreement is to promote mutual co-operation and understanding between the Company and the Union and to set forth herein basic rates of pay, hours of work and other conditions of service. Parties further agree to abide by the Labour Act, 2003 (Act 651) wherever this agreement is silent SECTION 5: UNION SHOP 5.1: Union Steward a) The Company recognizes the right of the Union to designate shop stewards to handle such Union business as may from time to time be delegated to them by the Union in accordance with the Labour Act, 2003 [Act 651] b) Inthe case of the necessity for the termination of employment of the shop steward for any reason whatsoever, the Union will be informed before the termination takes effect. SECTION 6: UNION NOTICE BOARD The Union is at liberty to erect or construct a notice board on the premises of the company for the purpose of putting up notice of union meetings, educational and social activities and agreements concluded between the Company and the Union. The location of the notice board will be agreed between the Union and the Company. Only issues stated above shall be placed on the notice board. The Company shall provide the notice board. All other notices will be cleared with Management prior to being placed on the notice board. ‘SECTION 7: CHECK-OFF OF TRADE UNION DUES a. Any worker covered by the Agreement shall be deemed to be a member of the Union and shall pay the normal dues of two per cent (which includes any imposed union levy), in accordance with the Constitution of the Union. b. The Company undertakes to make the above deductions from the salaries and wages of only members of the union in accordance with Section 111 of the Labour Act 2003(Act 651).c. Any sums so deducted shall be paid over as directed by the Union and not more than one month after the date on which wages / salaries are paid. The disbursement will be as follows based on 2% Trade Union Dues & Levy on Base salary only: (@) 75% caMWU (b) 15% Tuc (©) 10% Branch Union ‘SECTION 8: PERMISSION FOR UNION MEETINGS ‘The Company agrees that the Union is permitted to gather its members who are its workers for Union meetings provided that the Company's permission for each meeting has been obtained at least 72-hours before such meeting is scheduled and that such meeting (s) or gathering shall :- ‘* Not damage any property of the Company * Not be held during official duty hours except with the permission of the Company + The Company reserves the right to recover the cost of tables and chairs and other articles damaged by the Union. The Company shall allow representatives and/ or officers of the branch union on working days to attend meetings of the Union provided that the Union notifies the Company of this request at least 5 days before the date of such meeting and stating the names of the workers to be permitted to attend except in the case of emergencies in which case, twenty- four hours notice will be given. However, any expenses so incurred shall be borne by the Union. The Company shall allow a branch officer or representative of the Union to attend external Union meetings. However, an approval must be given by the direct manager after he has been notified at least 48 hours in advance. Any expenses so incurred shall be borne by the Union In cases of emergency, the company will grant permission on request by the Union. SECTION 9: ADMISSION OF UNION REPRESENTATIVES It is agreed that the representatives of the Union from the Headquarters shall be admitted to the premises of the Company for the purpose of investigating grievances or transacting labour business with the company after all previous negotiations of the sub-committee of the Union and management have failed. Such representatives shall not interfere with the productive work of any worker without the permission of the Company's Manager or his representatives.SECTION 10: EMPLOYMENT PROCEDURE AND PROBATION (a) Employment procedure shall be in accordance with the Labour Act, 2003 (Act 651), (b) On engagement, the following shall be recorded in the labour File and letter of engagement of all workers — grades, salary, date of employment and probationary period. (©) Any worker who in the opinion of the Company is required to be on probation shall be confirmed after five (5) months of engagement if found suitable and satisfactory, (d)_ The appointment of a worker who has worked five (5) months under probation shall be deemed to be confirmed if there is no letter to the contrary from the Company by the end of the five months after date of engagement. (©) Upon request workers that have successfully completed the five (5) months’ probation shall be issued with letters confirming their status as permanent workers. (f) All workers shall be required to sign a Non-Disclosure Agreement (NDA) with the company, This NDA shall be an integral part of the contract of employment. Any violation of the terms of the NDA shall constitute gross misconduct which will attract appropriate sanctions as prescribed under Section 32.4 ‘SECTION 11: SALARIES AND WAGES (a) Salaries and wages shall be as agreed upon with effect from 1% March, 2022 and / or as amended from time to time. (b) Staff loans may be granted to a worker at the sole discretion of Management of the company and in accordance with company policy. (©) Such loans when granted shall be deducted at source from the salary of the worker. (d) The repayment period of the loan advanced shall be determined by the Employer. Deductible monthly repayment amount shall not exceed 40% of worker's monthly net salary. SECTION 12: CREATION AND CLASSIFICATION OF NEW JOBS ‘Any questions relating to the classification of new trades, rates or occupation will be the Fesponsibility of the Company. The Company will inform the Union accordingly. (a) The parties to this agreement agree that all workers who are members of the union and performing the duties of house help shall be considered as Essential Services within the establishment as contained under Section 98 (h) of Act 651.(b) It is further agreed by parties that all House Helps who are members of the union shall not be part or take part in the event of the union declaring a legal strike. (c) The parties also agree that all terms and conditions of service contained in this agreement shall apply to all house helps. (d) It is also agreed that all grievances or trade dispute affecting house helps will be mediated first and should there be no satisfactory resolution of the dispute, an arbitrator will be sought to resolve the dispute, and the award of the Arbitrator shall be final and binding. SECTION 13: TRAINING WITHIN INDUSTRY (a) Management shall have a policy on training in conformity with the relevant sections of the Labour Act, 2003 (Act 651). (b) Management shall develop an HR policy which shall be read as part of this collective agreement. SECTION 14: FILLING OF VACANCIES (a) Whenever a post within the Company becomes vacant or is created, prior consideration shall be given to filling it by promoting from existing workers. (b) Workers will, whenever possible or practicable, be informed through internal circular of vacancies, as they occur to enable workers in other departments of the Company or grades to apply. SECTION 15: CERTIFICATE OF SERVICE On resignation of any worker from the service of the Company, a certificate of service will be awarded by the Company on request by the resigning worker. No request shall be required for the award of retiring certificate by the Company to a retiring worker. SECTION 16: EXAMINATION FEES / EXPENSES All craftsmen, drivers and other tradesmen who will need an upgrading for the development of their skills for enhanced performance of their roles and duties within the Company will be given assistance when they apply. The Company shall have the sole right to determine the nature and extent of the assistance to be given to an applying worker on a case by case basis.SECTION 17: LEGAL ASSISTANCE (a) Subject to Section 17(b) herein, in the event of a court proceeding being taken against a Company driver or operator involved in an accident while on official duty, the Solicitor/Legal team of the Company will render legal assistance to the worker. (b) The Company will use its discretion to determine the extent of legal assistance, if any, to be given under section 17(a), after the Company's evaluation of the cause of the accident. SECTION 18: HOURS OF WORK 1, Normal working hours for all workers with the exception of watchmen, security guards, security officers and domestic workers shall not exceed forty (40) hours in any week worked from Monday to Friday. Any hours worked in excess of 40 hours per week shall be paid for in accordance with the agreed overtime rates specified in Section 19. 2. The actual working hours will be at the discretion of the company. When it becomes necessary, a night shift from 10.00 p.m. — 06.00 a.m. shall be executed at the request of the Company. 3(a) Security officers, Security Guards and watchmen shall work 12-hours a day on shift basis from 6.00 a.m. - 6.00 p.m. and vice versa. Any hours worked in excess of 12 hours shall be considered as overtime, and paid for as stipulated under Article 19. 3(b) All Security officers, Security Guards and Watchmen shall enjoy one day off-duty each week, SECTION 19: OVERTIME RATES Time worked in excess of normal working hours as defined in section 18 above shall be paid as overtime at the following rates a. Monday to Friday — 125% of normal hourly rate b. Saturdays — 150% of normal hourly rate c. Sundays & Public Holidays — 200% of normal hourly rate SECTION 20: PAY DAYS AND TIME The Company will arrange monthly payment to cover salaries and wages as agreed between the two parties. Any changes will be communicated to the Union. 10SECTION 21: SAFETY AND HEALTH 21.1: General The Company shall make reasonable provision for the safety and health of its workers. Workers shall abide by the safety rules and regulations established by the Company and in line with the provisions of the Factory, Offices and Shops Act, 1970 (Act 328) and any subsequent amendments thereto. 21.2: Personal Protective Equipment / Clothing a) Where the nature of work requires that the worker should wear protective clothing or use some designated equipment(s), such protective clothing or equipment(s) will be provided and maintained by the Company and shall remain the property of the Company. b) After the provision of such protective clothes / equipment, the Company may, at any given time, call for the inspection of such clothing / equipment. c) Any worker who loses or deliberately or negligently causes damage to such protective Clothing / equipment shall be made to pay for the full cost of replacement of such article. 21.3: Industrial injury and Death 1) All industrial injuries, diseases or death arising out and in the course of any worker's ‘employment shall be immediately reported to Management. In the event of an injury or disease suffered by a worker at work, the Company shall be responsible for treatment. 2) The Company shall continue to pay the worker his salary/wage for the whole period of treatment till the injured worker resumes duty. 3) In such circumstances mentioned above, the worker shall be entitled to either compensation under the Workmen‘s Compensation Law, 1987 and any subsequent amendments thereto, or the company’s workmen's compensation insurance policy, whichever is higher, without regard to the maximum earning exemption of the Law. 4) Any worker incapacitated as a result of an industrial illness or accident, shall be granted leave of absence on full pay for the total period of sick leave, 5) Optical, surgical, dental and other necessary treatment as a result of industrial injury or disease shall be provided free of charge to any worker covered by this Agreement when recommended by a recognized medical practitioner. 6) When a worker develops a disease and it is conclusively established by a recognised Medical Practitioner recognized by the employer to be an industrial illness, the Company shall pay surgical and other medical expenses involved. il