[CAP. 28:01 - VeritasZimveritaszim.net/sites/veritas_d/files/SI 2018 - 235... · 2018-10-31 · Collection/Selling point allowance (inputs and grain). DISTRIBUTED BY VERITAS e-mail:

Collective Bargaining Agreement: Grain Marketing Board Industry

2446

A A3

Sanitary Worker; Internal

Messenger/Cleaner; External

Messenger- Motorbike:

Shunter; Prober; Security Guard; Carrier;

Messenger; Fumigation Assistant;

Forklift Operator

A A2General Hand-

Training Centre

General Hand/Tea maker

General Hand; Lab Assistant; Grains Grader;

General hand(Stores)

A A1 - - -

Supplement to the Zimbabwean Government Gazette dated the 26th October, 2018. Printed by the Government Printer, Harare.

2411

S.I. 235 of 2018Statutory Instrument 235 of 2018.

[CAP. 28:01


IT is hereby notifi ed that the Collective Bargaining Agreement set out in the Schedule, which repeals the Employment Regulations, 1992, published in Statutory Instrument 211 of 1992, has been registered in terms of section 79 of the Labour Act [Chapter 28:01].

SCHEDULE

INDEX TO AGREEMENTSection 1. Scope of application of agreement. 2. Alteration of agreement. 3. Defi nition of terms. 4. Administration of agreement. 5. Exemptions. 6. Agents. 7. Trade Union representation on the council. 8. Registers. 9. Grading, wages, and allowances. 10. Fringe benefi ts. 11. Hours of work: employees other than shift-workers. 12. Hours of work: shift-workers. 13. Conversion of rates. 14. Payment of overtime. 15. Deductions from wages. 16. Payment of wages. 17. Piece-work and work on a ticket system. 18. Reward Scheme and performance bonus. 19. Pension Scheme. 20. Funeral Scheme. 21. Housing Fund. 22. Medical Aid Scheme. 23. Travelling and subsistence allowances. 24. Subsistence allowances for drivers, fumigation and technical

staff. 25. Collection/Selling point allowance (inputs and grain).

DISTRIBUTED BY VERITAS e-mail: [email protected]; website: www.veritaszim.net

Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied.


2446

A A3

Sanitary Worker; Internal

Messenger/Cleaner; External

Messenger- Motorbike:

Shunter; Prober; Security Guard; Carrier;

Messenger; Fumigation Assistant;

Forklift Operator

A A2General Hand-

Training Centre

General Hand/Tea maker

General Hand; Lab Assistant; Grains Grader;

General hand(Stores)

A A1 - - -

Supplement to the Zimbabwean Government Gazette dated the 26th October, 2018. Printed by the Government Printer, Harare.

2411

S.I. 235 of 2018Statutory Instrument 235 of 2018.

[CAP. 28:01


IT is hereby notifi ed that the Collective Bargaining Agreement set out in the Schedule, which repeals the Employment Regulations, 1992, published in Statutory Instrument 211 of 1992, has been registered in terms of section 79 of the Labour Act [Chapter 28:01].

SCHEDULE

INDEX TO AGREEMENTSection 1. Scope of application of agreement. 2. Alteration of agreement. 3. Defi nition of terms. 4. Administration of agreement. 5. Exemptions. 6. Agents. 7. Trade Union representation on the council. 8. Registers. 9. Grading, wages, and allowances. 10. Fringe benefi ts. 11. Hours of work: employees other than shift-workers. 12. Hours of work: shift-workers. 13. Conversion of rates. 14. Payment of overtime. 15. Deductions from wages. 16. Payment of wages. 17. Piece-work and work on a ticket system. 18. Reward Scheme and performance bonus. 19. Pension Scheme. 20. Funeral Scheme. 21. Housing Fund. 22. Medical Aid Scheme. 23. Travelling and subsistence allowances. 24. Subsistence allowances for drivers, fumigation and technical

staff. 25. Collection/Selling point allowance (inputs and grain).

DISTRIBUTED BY VERITAS e-mail: [email protected]; website: www.veritaszim.net

Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied.


2412

Section26. Allowance and meals for delivery employees and messengers. 27. Relocation/Disturbance allowance. 28. Acting/Responsibility allowance. 29. Tool allowance. 30. Night shift allowance. 31. Standby allowance. 32. Vacation leave. 33. Sick leave. 34. Compassionate/Special leave. 35. Maternity leave. 36. Nursing mothers. 37. Industrial holiday. 38. Contract and notice. 39. Duration of fi xed term contracts. 40. Continuous service. 41. Long service awards. 42. Record of service. 43. Record of employees. 44. Protective clothing and uniforms. 45. Expenses of council. 46. Application of agreement. 47. Copy of agreement. ANNEXURE: Grading matrix.

Agreement In accordance with the provisions of the Labour Act [Chapter 28:01], this agreement is made and entered into between the Grain Marketing Board of Zimbabwe (hereinafter referred to as “the employer “or employers’ organisation”), of the one part, and the Grain Marketing Board Workers’ Union (hereinafter referred to as “the employees” or “the trade union), of the other part, being parties to the National Employment Council for the Undertaking of Grain Marketing Board.

Scope of application of agreement 1. (1) The provisions of this agreement shall be observed by the employers and his or her employees within the GMB Industry and its subsidiaries, for whom wages are prescribed in this agreement.

2445

S.I. 235 of 2018

B B LOWER B3

Personal Driver (GM);

Accounts Clerk-

Housing

Bus Driver

Heavy Vehicle Driver; Depot

Accounts Clerk -;

Accounts Clerk-Live

site

Accounts Clerk

Debtors; Accounts

Clerk Creditors; Accounts

Clerk Ledgers;Accounts

Clerk Payroll;

Accounts Clerk

Budgets; Accounts

Clerk Treasury; Accounts

Clerk Assets; Accounts

Clerk Central Stores;

Accounts Clerk

Inputs; Accounts

Clerk Region

Accounts Clerk

B B LOWER B2

Filing Clerk (GM); Filing Clerk-HR;

Receptionist; Switchboard

Operator;

Pool Driver; Caretaker, Executive

Driver;

Shipping & Distribution

Clerk; Operations Clerk; Silo Operator;

Depot Clerk; Sergeant;

Clerk/Typist/Receptionist;Stores Clerk Technical;

Procurement Clerk;

Inputs Clerk

Administration Clerk; Sales

Clerk; Distribution Clerk; Clerk/

Typist/Receptionist

B B LOWER B1

Registry/Archives

Clerk/ Duplicator;

Corporal; Journeyman

Ass Electrical; Journeyman Ass

Mechanical; Stack builder;

Weighmaster


2444

ANNEXURE (Sections 3 and 9(7))JOB GRADING MATRIX

BA

ND

GRADE SUBGRADE

GENERAL MANAGER

CORPORATE SERVICES &

ADMINISTRATION

OPERATIONS DIVISION

FINANCE DIVISION

NORTON STOCKFEEDS

C C UPPER C3HR Systems

OperatorDepot

Assistant in Charge

Cashier; Accounting Assistant Inputs;

Accounting Assistant Assets;

Accounting Assistant Ledgers;

Accounting Assistant Region

Cashier, Accounting Assistant

C C LOWER C2

Pest Control Supervisor;

Lab Technician;

Depot Assistant;

Warehouse Assistant; Quality

Assurance Assistant;

Stores Assistant

C C LOWER C1Human

Resources Assistant;

Administration Assistant

Handyman Motor Mech; Handyman Electrical; Handyman

Mechanical;

Handyman Mechanical

B B UPPER B5Handling

Supervisor In Charge

B B UPPER

B4 Handling Supervisor; Processing/

Shift Supervisor;

2413

S.I. 235 of 2018

(2) This agreement shall apply to all non-managerial employees in grades A1 to C3, both permanent and fi xed term contract employees. (3) This agreement shall also apply to employees under the GMB employee welfare facilities such as the guest lodge, sports club and staff canteens.

Alteration of agreement 2. If either party desires to alter the terms of the agreement, such party shall give one month’s written notice to the Secretary of the Council. The notice shall give full details of the desired amendment and on receipt thereof, the Secretary shall immediately send a copy of the notice to the other party of the agreement. The proposed amendment shall be considered and voted upon at a meeting of the council held not later than three months after receipt of the notice by the secretary.

Defi nition of terms 3. (1) Any expression used in this agreement which are defi ned in the Labour Act [Chapter 28:01] as amended from time to time, and extended other than those defi ned in this clause, shall have the same meaning as in that Act, further, words importing masculine gender to include female gender unless inconsistent with the context.

“Act” means the Labour Act [Chapter 28:01] as amended from time to time;

“agent” means a person appointed by the Council to assist in giving effect to the terms of any agreement entered into by the parties to the Council;

“allowances” means transport allowances, and housing allowances or any allowances paid to an employee;

“casual employee” means an employee whose engagement is for a period of not more than six weeks in any four consecutive months;

“continuous service” means the total period of an employee’s unbroken service with the employer as outlined in section 40 of this agreement;


2414

“Council” means the National Employment Council for the undertaking of Grain Marketing Board;

“day off” means sunday or that day in the week in place of Sunday on which an employee is not normally required to work;

“day-shift” means any shift which is not a night shift; “depot’’ means any place established by the employer for

carrying on any activity of the employer; “emergency work” means work which must be performed

immediately in the national interest, or in order to prevent harm to the employer’s assets or the employees, or to nearby persons or property;

“employer” means the Grain Marketing Board, established in terms of the Grain Marketing Act [Chapter 18:14];

“fixed term contract employee” means a contract of employment with specifi ed period of time/employment in line with section 12(2)(b) of the Labour Act [Chapter 28:01];

“fringe benefi ts” means any form of compensation provided to employees outside of a stated wage or salary;

“General Secretary” means the General Secretary of the Council;

“grade” means a grade listed in the grading matrix in Annexure;

“industrial holiday” means any day prescribed as holiday in terms of section 37 of this agreement;

“medical practitioner” means a person registered as a medical practitioner by the Medical, Dental and Allied Professions Council or registered traditional medical practitioner;

“night-shift” means a shift the majority of hours of which fall between 8 p.m. and 5 a.m.;

“overtime” means any time worked outside the ordinary daily hours and paid in terms of section 14 of this agreement;

“party” means the employer’s organisation or the trade union;

2443

S.I. 235 of 2018

this agreement, save on the instruction of the council carrying out responsibilities under subsections (1) and (2).

Declaration The employer and the trade union, having arrived at the agreement set forth herein, the undersigned hereby declare that the foregoing is the agreement arrived at and affi x their signatures hereto.

Signed at Harare this 26th day of July, 2018.

A. MUZAMBI,for and on behalf of the Employer Organisation.

D. CHIGOGO,for and on behalf of the Trade Union.

G. MPEMBA,Chairman of the Council.


2442

1.5 percent from basic wages of each of his or her employees for whom wages are prescribed in this agreement. (2) To the amount so deducted in terms of subsection (1), the employer shall contribute an equivalent amount. (3) On or before the seventh of each month in respect of the previous month’s contributions, the employer shall forward to the Secretary all monies payable in accordance with the provision of subsections (1) and (2), together with a statement in the form prescribed by the Council. Such statement shall be endorsed as a “nil” return where an employer does not employ any employees from whose wage deductions are due. (4) If payment is made by the 15th of the following month in respect of the previous month’s contributions and deductions, interest shall be chargeable at a rate which shall be 5% of the total outstanding contributions. (5) Where an employer fails to forward to the Secretary all moneys payable in terms of subsections (1), (2), (3) and (4), court action shall be taken to recover the money. Such action shall be issued from the Magistrates Court in Harare and shall include amounts, which are beyond the jurisdiction of the Magistrates Courts.

Application of agreement 46. (1) No employee may waive the provisions of this agreement, whether or not the said provisions create a benefi t to or an obligation upon the employer or employee concerned. Each provision shall create a right or obligation, as the case may be, independently of the existence of other provisions. (2) Should any of this agreement be declared ultra vires by any competent court of law, the remaining provisions of the agreement shall be deemed to be the agreement, and shall remain in force for the unexpired period of this agreement. Copy of agreement 47. (1) The employer shall exhibit a copy of this agreement and all amendments thereto in a place easily accessible to every employee. (2) No person shall, without lawful cause, alter, deface or remove, or cause to be altered, defaced or removed, a copy of

2415

S.I. 235 of 2018

“seasonal worker” means an employee who is employed on a month-to-month contract basis for a period not exceeding eight months in any period of 12 months;

“security guard” means a uniformed employee who is employed to guard and protect the premises and any other movable or immovable property of the board;

“task-work” means a stated task which is set by the employer for an employee, and which has to be completed as a condition of earning a wage;

“undertaking” means, without in anyway limiting the ordinary meaning of the expression, the undertaking in which the employer and its employees are associated together for the purposes specifi ed in section 23 of the Grain Marketing Board Act [Chapter 18:14];

“wage” means the earnings of an employee, but does not include any payment in respect of overtime or any bonus payment or other like benefi ts;

“working day” means any day other than a day off or an industrial holiday.

Administration of agreement 4. The Council shall be the body responsible for the administration of this agreement, and it may issue expressions of opinion not inconsistent with the provisions hereof for the guidance of the employer and employees and may delegate any of its duties or powers to its Executive Committee or to committees appointed by Council.

Exemptions 5. The Council may in its sole discretion and upon such terms and conditions as it may determine, grant exemption, in writing, from any of the provisions of this agreement to the parties concerned. Such exemption may be cancelled by the Council, at its discretion.

Agents 6. The Council may appoint specifi ed persons to assist in giving effect to the terms of this agreement, and it shall be the duty of any


2416

employer or employee in the industry to permit such person to institute such inquiries and to examine such books or documents as may be necessary for ascertaining whether the provisions of the agreement are being complied with.

Trade union representation on the Council 7. It shall be the duty of the employer, provided that he or she has been notifi ed, to give to those of his or her employees who are representatives and/or alternates of the Council every reasonable facility to attend to their duties in connection with the work of the Council and such representative and/or alternate shall not suffer any reduction in remuneration allowances.

Register 8. The Secretary to the Council shall maintain a register of the employer/s in the Undertaking and a record of the number of employees returned in terms of section 43.

Grading, wages, and allowances 9. (1) The employer shall place each permanent employee in the grade prescribed appropriate to his or her occupation as indicated in the Annexure, and shall pay wages to such employee of at least the amount prescribed in the Schedule below for the employee’s grade and class, and no employee shall accept wages amounting to less than the amount prescribed for him or her.

2441

S.I. 235 of 2018

pairs gumboots and two pairs of long sleeved overalls to each sanitary work, bi-annually;

(c) a respirator, earmuffs/plugs, safety goggles and chemical respirators to employees who work in dusty areas, noisy areas, or in areas where there is a danger to the eye of fl ying objects or to fumigator. Replacement of these, shall be on a need basis.

(2) The employer shall supply, free of charge; to each security guard every item of uniform applicable to his or her rank specifi ed by the employer to be worn for the satisfactory performance of his or her duties and shall provide waterproof caps or other suitable protective clothing for use by every security guard who, in the course of his or her duties, is habitually exposed to inclement weather. (3) Protective clothing supplied to employees shall remain the property of the employer if the employer is responsible for mending, washing, and otherwise maintaining such clothing. (4) Protective clothing supplied to an employee shall become the property of the employee after six months of service if the employee is responsible for mending, washing and otherwise maintaining such clothing: Provided that emblems and insignia provided by the employer to be worn on such clothing shall remain the property of the employer. (5) Subject to subsections (2), (3) and (4) an employee who— (a) fails to return such clothing issued in terms of subsection

(1) on resignation, retirement or discharge; or (b) loses such clothing, due to his or her own negligence; shall be liable for the cost of replacement, and the employer shall recover such amount from any moneys due to the employee. (6) When the employer recovers the cost of replacement of clothing from an employee in terms of subsection (5), due allowance for fair wear and tear shall be made in the assessment of such cost.

Expenses of the Council 45. (1) For the purposes of meeting the expenses of the Council the employer shall each month make a deduction equivalent to


2440

Provided that the employer shall pay wages— (a) weekly in case of weekly paid employees and by not

later than Saturday; and (b) fortnightly paid employees and not later than each

alternate Saturday. (3) When an employee’s services are terminated, payment of all remuneration due shall be made immediately, unless the service of such employee is terminated summarily, when a payment shall be made within two weeks of the termination of service. (4) Wages and benefi ts payable to any employee or to his or her estate in terms of this clause shall not form part of or be construed as a retrenchment package, which an employee is entitled to where his or her employment has been terminated as a result of retrenchment in terms of section 12C of the Act, as amended from time to time. (5) All remuneration shall be paid in cash/transfer or, at the option of the employee, by cheque, and shall be accompanied by a written statement— (a) the name and grade of the employee; and (b) the wage rate; and (c) the total number of hours worked; and (d) the amount of overtime; and (e) deductions for absence without leave, or other deductions

permitted in terms of clause 15; and (f) bonus and allowances; and (g) the net amount received by the employee.

Protective clothing and uniforms 44. (1) The employer shall supply free of charge, bi-annually in each calendar year— (a) two pairs of overalls/work suits, a pair of safety shoes,

dust musks and a carrier’ caps to each employee engaged in manual work, bi-annually;

(b) a pair of safety shoes and three dustcoats to each supervisor; and at least one raincoat, a pair of gloves, two

2417

S.I. 235 of 2018

SCHEDULE (Section 9)

GRADING, WAGES, AND ALLOWANCES (PERMANENT EMPLOYEES)

Grade Basic Salary (US $)

Allowances 30% of Basic

Gross Salary

A11 223,22 66,97 290,19

A12 271,45

81,43

352,88

A13 277,69

83,31

361,00

A14 284,08

85,22

369,30

A15 290,61

87,18

377,80

A16 297,15

89,14

386,29

A21 321,47

96,44

417,91

A22 326,89

98,07

424,96

A23 331,79

99,54

431,33

A24 336,77

101,03

437,80

A25 341,82

102,55

444,37

A26 346,95 104,08 451,03

A31 352,15 105,65 457,80

A32 357,43 107,23 464,67

A33 362,80

108,84

471,64

A34 368,24

110,47

478,71

A35 373,76 112,13

485,89


2418



Gross Salary

A36 379,37

113,81

493,18

B11 385,06

115,52

500,58

B12 390,83

117,25

508,09

B13 396,70

119,01

515,71

B14 398,68

119,60

518,29

B15 400,67 120,20 520,88

B16 402,68 120,80 523,48

B21 404,69

121,41

526,10

B22 406,71

122,01

528,73

B23 409,97

122,99

532,96

B24 413,25

123,97

537,22

B25 416,55

124,97

541,52

B26 419,89

125,97

545,85

B31 423,25

126,97

550,22

B32 426,63

127,99

554,62

B33 430,04

129,01

559,06

B34 433,48

130,05

563,53

B35 436,95

131,09

568,04

2439

S.I. 235 of 2018

Record of service 42. (1) An employee, whose services are terminated, for any cause whatsoever, may request a record of service from his or her employer. (2) The record of service supplied by the employer to the employee shall specify the period of service by the employee and the occupation in which he or she was employed.

Record of employees 43. (1) The employer shall keep records for employees for whom wages are prescribed in this agreement, which shall refl ect the following— (a)— (i) employment number; and (ii) full name; and (iii) grade and occupation; and (iv) date of engagement; and (v) wage rate; and (vi) daily and total number of hours worked; and (vii) amount of overtime; and (viii) bonus and allowances; and (ix) deductions from wages and; (x) gross and net wages; and (xi) date of payment and signature of recipient; (b) these records shall be kept at the establishment at all

times and shall be made available for inspection by a Council Designated Agent at any time on demand;

(c) such records shall be kept for a period of not less than three years.

(2) The employer shall pay all remuneration, including wages, overtime, and allowances at least once every month and by not later than the last day in each month:


2438

(8) Whenever an employee has been provided with accommodation directly or indirectly by his or her employer the employee shall not be required to vacate the accommodation before the expiry of a period of one month after the period of notice specifi ed in terms of clause 38(2) or (7). (9) Notwithstanding clause 38(2) or (7), the parties to any contract of employment may, by mutual agreement, waive the right to notice: Provided that where the termination is at the initiative of the employer, the employee shall have a right to payment for period corresponding to the appropriate period of notice required in terms of clause 38(2) or (7).

Duration of fi xed term contracts 39. A fi xed term contract employee shall be employed for a minimum duration of one month renewable up to 24 months. With effect from 1st April, 2017, any fi xed term contract employee who shall be employed in that capacity for a period exceeding 24 consecutive months shall be deemed to be a permanent employee from the date of his or her initial engagement.

Continuous service 40. (1) Continuous service shall mean the total period of an employee’s unbroken service with the employer. (2) An employee who is discharged and re-engaged by the employer, after a period of two months of such discharge shall be deemed to have broken his or her continuous service. Continuous service shall also be deemed to be broken by the death, resignation, retirement or discharge of the employee concerned. (3) A period of absence without the permission of the employer or a period of absence between discharge and reengagement, shall not be taken into consideration in calculating any benefi ts due to the employee. Long service awards 41. (1) The employer shall pay such long service awards as parties may fi x from time to time to those employees who have completed fi ve, ten, fi fteen, twenty, twenty-fi ve, thirty and thirty-fi ve years of continuous service.

2419

S.I. 235 of 2018



Gross Salary

B36 440,45

132,13

572,58

B41 443,97

133,19

577,16

B42 447,52

134,26

581,78

B43 451,10

135,33

586,44

B44 454,71

136,41

591,13

B45 458,35

137,51

595,86

B46 462,02

138,61

600,62

B47 465,71

139,71

605,43

B51 465,71

139,71

605,42

B52 469,44

140,83

610,27

B53 473,19

141,96

615,15

B54 476,98

143,09

620,07

B55 480,80

144,24

625,03

B56 484,64

145,39

630,04

B57 488,52

146,56

635,08

C11 488,53

146,56

635,09

C12 492,43

147,73

640,16

C13 496,37

148,91

645,28

C14 500,34

150,10

650,44

C15 504,34

151,30

655,64


2420



Gross Salary

C16 508,38

152,51

660,89

C21 512,44

153,73

666,18

C22 516,54

154,96

671,50

C23 520,67

156,20

676,88

C24 524,84

157,45

682,29

C25 529,04

158,71

687,75

C26 533,27

159,98

693,25

C31 537,54

161,26

698,80

C32 540,22

162,07

702,29

C33 541,85

162,55

704,40

C34 543,47

163,04

706,51

C35 545,10

163,53

708,63

C36 546,74

164,02

710,76

(2) The grading, wages and allowances referred in the Schedule above, shall apply to permanent employees only. Wages, grading, and allowances for casual/task and fi xed term contract employees shall be determined by the Council from time to time, and such conditions shall be a supplement to this agreement. (3) An employee who, at the date of commencement of this agreement, is in receipt of a higher wage for his or her particular occupation than the wage prescribed in terms of this section shall, not by reason of this agreement, suffer any reduction in his or her wage, grading and allowances.

2437

S.I. 235 of 2018

(d) two weeks for a contract for a period exceeding three months but less than six months;

(e) one day in the case of a contract for a period of less than three months or in the case of casual work or seasonal work.

(3) Neither the employer nor an employee shall give notice of termination of contract whilst the employee is on vacation leave. (4) An employee who has given or received notice to terminate employment shall not be required or permitted to take vacation leave during the period of such notice, except by mutual agreement, in writing. (5) Any contract of employment which is for a stipulated period shall specify the date of commencement and the date of termination. Notice of termination shall also be applicable in terms of section 38(2) of this agreement. (6) The employer shall not terminate a contract of employment on notice unless— (a) the termination is in terms of an employment code or

in the absence of an employment code, in terms of the model code made under section 101 of the Labour Act [Chapter 28:01]; or

(b) the employer and employee mutually agree in writing to the termination of the contract; or

(c) the employee was engaged for a period of fi xed duration or for the performance of some specifi c service; or

(d) pursuant to retrenchment, in accordance with section 12C of the Labour Act [Chapter 28:01].

(7) A contract of employment may provide in writing for a single, non-renewable probationary period of not more than— (a) one day in the case of casual work or seasonal work; or (b) three months in any other case;during which notice of termination of the contract to be given by either party may be one week in the case of casual work or seasonal work or two weeks in any other case.


2436

Provided that, when an industrial holiday falls on a Sunday, the following day shall be deemed to be an industrial holiday. (2) Subsections (3) and (4) shall not apply to security guards and those on shift work. (3) Subject to subsection (3) every employee shall be granted leave of absence on industrial holidays, and shall be paid his or her normal daily wage for every industrial holiday. (4) The employer shall not require an employee to work on an industrial holiday, except in cases of emergency work, in which case the employee shall be paid in terms of subsection (3) of section 13 in respect of time worked.

Contract and notice 38. (1) The employer shall inform every employee, in writing, upon engagement of the nature of his or her contract, including— (a) his grade (where applicable); and (b) his wage and when it will be paid; and (c) the period of notice required to terminate the contract

of employment; and (d) the hours of work; and (e) the details of any bonus or incentive scheme in operation

(where applicable); and (f) provision for benefi ts during sickness; and (g) vacation leave; and (h) pension. (2) Every contract of employment shall provide the following notice of termination of contract, which shall be given by either party— (a) three months for a contract without limit of time or for

a period exceeding two years; (b) two months for a contract for a period exceeding one

year but less than two years; (c) one month for a contract for a period exceeding six

months but less than one year;

2421

S.I. 235 of 2018

(4) On promotion to a higher grade, an employee shall be paid at least— (a) the wage which he or she last received prior to his or

her promotion; or (b) the minimum wage prescribed for such grade whichever

is the greater. (5) An employee who is required to perform work in a lower grade than in which he or she is normally employed, shall be paid the wage applicable to the grade of work which he or she normally works. (6) An employee who is required to perform work in a higher grade than that in which he or she is normally employed, shall be paid, in addition to his or her normal wage, either an acting or a responsibility allowance in respect of such higher grade. (7) Where an operation performed by an employee is not specifi ed in the Annexure; (a) the employer shall provisionally place the employee in

a grade; and (b) the employer or employee shall notify the Secretary to

Employment Council; and (c) the Secretary, after consultation with the Chairman of

the Employment Council, shall determine an interim classifi cation of the operation, which shall be subject to ratifi cation by the Employment Council at its next meeting:

Provided that, if the interim classifi cation by the Employment Council places the employee in a grade— (a) higher than the employee’s current grade, he or she shall

be paid not less than the minimum wage prescribed for such higher grade with effect from the date upon which he or she commenced performing the operation concerned; or

(b) lower than the employee’s current grade, it shall be lawful to reduce his or her wage to not less than the minimum wage prescribed for such lower grade, with


2422

effect from the date upon which such classifi cation is determined, unless the employee refuses to accept the lower wage, in which event—

(i) he or she may be given the relevant notice of termination of employment; and

(ii) during the period of such notice, he or she shall be paid the wage he or she was receiving prior to such determination.

(8) The employer shall not reduce an employee’s wage for anytime not worked if the employee was able and willing to work and was present at his or her place of work but the employer was unable or unwilling to furnish him or her with work.

Fringe benefi ts 10. (1) In addition to the wages, and allowances provided in the Schedule, permanent employees shall be given— (a) transport allowance of $85,75 per month; (b) $84,53 Urban housing allowance, $36,75 Semi-urban

allowance and $18,38 Rural allowance, per month, depending on location of the employee;

(c) monthly allocation of 1 x 50 kg bag of maize and 1x 2kg of rice;

(d) monthly canteen allocation of 1 x 5 kg maize meal. (2) Contract employees shall be given— (a) monthly allocation of 1 x 20 kg bag of maize meal; (b) monthly canteen allocation of 1 x 5 kg maize meal. (3) The above fringe benefi ts shall be subject to change from time to time as shall be deemed necessary by the parties.

Hours of work: employees other than shift-workers 11. (1) Subject to subsection (1) of section 11, this section shall not apply to shif-workers. (2) The ordinary hours of work for employees other than security guards shall not exceed 44 hours per week, with 30 minutes tea break and one-hour lunch break:

2435

S.I. 235 of 2018

(5) Unless the employer grants sick leave for medical reasons other than maternity, sick leave may not be granted once maternity leave has begun or during a period of unpaid maternity leave. (6) During the period when a female employee is on maternity leave in accordance with this clause, her normal benefi ts and entitlements, including her right to seniority or advancement and the accumulation of pension rights, shall continue uninterrupted in the manner in which they would have continued had she not gone on leave, and her period of service shall not be considered as having been interrupted, reduced or broken by the exercise of her right to maternity leave in terms of this clause.

Nursing mothers 36. (1) A female employee who is the mother of a suckling child shall during each working day, be granted at her request at least one hour or two half hour periods, as she may choose during normal working hours, for the purpose of nursing her child and such employee may combine portion or portions of time which she is so entitled with any other normal breaks so as to constitute longer periods that she may fi nd necessary or convenient for the purpose of nursing her child. (2) Notwithstanding subsection (1), the grant of breaks during normal working time to a female employee for the purpose of nursing her child shall be made in accordance with all the exigencies of her employment and nothing done to prevent any disruption of normal production process or any interference with the effi cient running of an undertaking shall be in contravention of subsection (1). (3) A female employee shall be entitled to the benefi ts under subsection (1) for the period during which she actually nurses her child or six months, whichever is the lesser. (4) Any person who contravenes this clause shall be guilty of an unfair labour practice.

Industrial holidays 37. (1) All days declared in terms of the Public Holidays and Prohibition of Business Act [Chapter 10:21] as public holidays shall be industrial holidays:


2434

(b) who is subpoenaed to attend any court in Zimbabwe as a witness;

(c) who is required to attend as a delegate or offi ce-bearer at any meeting of a registered trade union representing employees within the GMB Industry;

(d) who is detained for questioning by the police; (e) on the death or serious illness of a spouse, parent, child,

grandparents, brother, sister or legal dependent; (f) on any justifi able compassionate ground.

(2) Such employee shall, upon his or her return produce offi cial documentary evidence on headed paper or date-stamped and signed by the issuing authority, who shall be either a registered medical practitioner, hospital superintended, district administrator, offi cer of the Zimbabwe Republic Police, district councillor, school headmaster, or a registered traditional medical practitioner that such special circumstances did exist.

Maternity leave 35. (1) Unless more favourable conditions have otherwise been provided for in any employment contract or in any enactment, maternity leave shall be granted in terms of this clause for a period of 98 days on full pay to a female employee who has served for at least one year. (2) On production of a certifi cate signed by a registered medical practitioner or State registered nurse certifying that she is pregnant, a female employee may proceed on maternity leave not earlier than the 45 day and not later than the 21st day prior to the expected date of delivery. (3) A female employee shall be entitled to be granted a maximum of three periods of maternity leave with respect to her total services to any one employer during which she shall be paid her full salary: Provided that paid maternity leave shall be granted only once during any period of 24 months calculated from the day any previous leave was granted. (4) Any maternity leave requested in excess of the limits prescribed in this section may, be granted as unpaid maternity leave.

2423

S.I. 235 of 2018

Provided that the ordinary hours shall not exceed 10 hours per day. (3) The ordinary hours of work for security guards shall not exceed 48 hours per week: Provided that the ordinary hours of work shall not exceed 12 hours in any period of 24 hours. (4) The employer may request, but shall not require, an employee to work overtime, and shall, whenever possible give 24- hours notice to such employee of such request: Provided that an employee needed to render emergency work shall not decline requests to work overtime without reasonable excuse. (5) Except in the case of emergency work, the employer shall not permit any employee to work more than 10 hours of overtime in any one week. (6) Every employee shall receive at least one day off duty each week. (7) An employee shall not be required to work on his or her day off, except in cases of emergency work, but no employee shall be required to work on his or her off days in successive weeks. (8) The employer shall not require or permit any employees to work for a continuous period of more than fi ve hours, without a break of at least 30 minutes: Provided that such continuous period shall be deemed not to be broken by the break prescribed in subsection (9) (9) The employer shall permit all employees to have a ten-minute break between the second and fourth hour after starting work.

Hours of work: shift-workers 12. (1) Subsections (4) to (7) and (9) of section 11 shall apply to shift-workers. (2) The ordinary hours of work for shift-workers shall not exceed 48 hours per week: Provided that the ordinary hours of work shall not exceed 12 hours in any period of 24 hours.


2424

(3) The employer shall not permit a shift-worker to work for a continuous period of more than fi ve hours without a break of at least 15 minutes: Provided that such continuous period shall be deemed not to be broken by the break prescribed in subsection (9) of section 11. (4) The employer shall provide each shift-worker with a free beverage (tea) during the 15-minute break referred to subsection (3) or adequate facilities for preparing a beverage during the prescribed 15-minute break. (5) No shift-worker shall be required to work two shifts in one day, except for the purposes of changing shifts or in a case of emergency work, and no employee shall commence work on the new shift until at least eight hours have elapsed after the completion of his or her previous shift. (6) Nothing contained in this section shall confer any right to payment for overtime on any shift-worker who is required to work two shifts in one day for the purpose of changing shifts. (7) No shift-worker shall be kept on night-shift for a continuous period of more than four weeks without his or her consent. (8) A shift-worker who changed from night-shift to day-shift shall be placed on day-shift for a period at least equal to the period which he or she was on night-shift. (9) A shift worker shall be paid a night-shift allowance to be agreed by both parties from time to time

Conversion of rates 13. (1) For the purpose of converting a daily wage to hourly, weekly or monthly equivalents, the following computations shall apply— (a) to obtain the hourly equivalent to a daily wage, the daily

wage shall be divided by the number of hours ordinarily worked in a day;

(b) to obtain the weekly equivalent to a daily wage, the daily wage shall be multiplied by the number of days ordinarily worked in a week;

2433

S.I. 235 of 2018

(a) whether or not he or she is fi t for work; and (b) if he or she is not fi t for work, the period for which he

or she is likely to be unfi t for work;and shall produce such certifi cate when applying for sick leave to the employer.

(4) If an employee has obtained from a medical practitioner a certifi cate that he or she is unfi t to work, he or she shall be paid his or her wage in full, by the employer whilst unfi t for work for the period stated by the medical practitioner but not exceeding, in aggregate, ninety working days in any one year of service as prescribed by the Labour Act [Chapter 28:01].

(5) If an employee— (a) has been paid his or her wage in full, in terms of subsection

(4) for a continuous period of 90 working days, or for a number of periods aggregating 90 working days, in any one year of service; and

(b) is within that year of service, again certifi ed by a medical practitioner as being unfi t for work;

he or she shall be paid half his or her wage by his or her employer for such further period as the medical practitioner may certify him or her to be unfi t, but not exceeding, in aggregate, ninety working days within one year of service. (6) The employer shall be entitled to terminate the contract of employment on medical grounds upon fulfi lment of the provisions of subsections (4) and (5). (7) An employee shall not be entitled to the benefi ts of this section if his or her sickness was self-induced or his or her injury was wilfully self-infl icted due to failure to take reasonable precautions.

Compassionate/Special leave 34. (1) Special leave on full pay not exceeding 12 days in a calendar year shall be granted by an employer to an employee— (a) who is required to be absent from duty on the instruction

of a practitioner because of contact with an infectious disease;


2432

shall be entitled to proceed on vacation leave within nine weeks of his or her application;

(ii) an employee engaged in work with a seasonal peak may be required to take his or her vacation leave during the off season.

(4) An employee proceeding on vacation leave shall, if he or she so requests— (a) receive his or her current wage for the period of such

leave, prior to his or her going on leave; and (b) commute for cash any leave due to him or her, but not so

as to exceed the number of days taken as leave, subject to availability of funds as may be deemed necessary from time to time.

(5) An employee whose services are terminated for any cause whatsoever, shall be paid the cash equivalent of any accumulated leave at the time of such termination. (6) An employee in his or her fi rst year of employment shall accumulate vacation leave but shall not go on such leave during that year, except with the consent of the employer. (7) Upon reaching a ceiling of ninety days of vacation leave days, leave accumulation will cease and the employee will be required to proceed on such leave or commute for cash such leave. (8) Vacation leave and sick leave shall not run concurrently. Any employee who becomes ill or is injured during a period of vacation leave may cancel his or her vacation leave and apply for sick leave.

Sick leave 33. (1) An employee shall be entitled to sick-leave from the date of commencement of his or her employment. (2) If an employee, whilst at work, claims to be unfi t for work owing to sickness or accident, the employer shall grant such opportunities as may be necessary to enable such employee to be examined by a medical practitioner. (3) Upon being medically examined, an employee shall obtain medical certifi cate stating—

2425

S.I. 235 of 2018

(c) to obtain the monthly equivalent of a daily wage, the minimum wage specifi ed in the First Schedule as appropriate to that employee shall be multiplied by—

(i) twenty-two in the case of employees who work a fi ve-day week;

(ii) twenty-six in the case of employees who work a six-day week;

(iii) thirty in the case of salaried employees. (2) The conversion rate shall apply to both permanent and contract employees.

Payment of overtime 14. (1) The employer shall pay for overtime in excess of 15 minutes on any one day— (a) during the fi rst fi ve hours, at one and a half times the

current hourly wage of the employee; and (b) thereafter, at double the currently hourly wage of the

employee. (2) Notwithstanding subsection (1) the employer shall pay for overtime on a day off at double the current hourly wage of the employee. (3) Notwithstanding subsection (2) and in addition to the payment prescribed in subsection (2) of section 16, the employer shall pay for overtime on an industrial holiday— (a) during the ordinary hours of work for the day of the

week on which the industrial holiday falls, at one and a halftime the current hourly wage of the employee;

(b) outside the hours of work for the day of the week on which the industrial holiday falls, at double the current hourly wage of the employee.

(4) Notwithstanding subsection (3) the employer shall, at any given point in time, pay overtime equivalent to 30% of an employee’s basic salary per month. Excess overtime worked shall be converted


2426

to time off, which shall be granted to an employee by the employer on convenient times.

Deductions from wages 15. No deductions or set-off of any description shall be made or allowed from any remuneration due to an employee except— (a) where an employee is absent without leave from work

on days other than paid holidays or vacation leave, a pro rata amount of his or her wage only for the period of such absence; or

(b) where an employee has received an advance of remuneration due, the amount of such advance, up to an amount not exceeding 25 per centum of the gross remuneration owed;

(c) by a written stop-order for contribution to insurance policies, pension funds, medical aid societies or registered trade unions; or

(d) any amount which the employer is compelled by legal process to pay on behalf of an employee; or

(e) with written consent of an employee, for repayment of money lent by the employer on terms that have been mutually agreed to between the parties concerned;

(f) amounts to be recovered in respect of payments made in error on overpayment of wages.

Payment of wages 16. (1) The employer shall pay wages, at least one month, on or by the due date: Provided that overtime, bonuses and allowances shall be paid at least once a month and within seven days of the due date. (2) When the services of an employee are terminated, payment of all remuneration due shall be made within seven days after recovery of all amounts due to the employer. (3) All remuneration shall be paid in cash, transfer or by cheque, and shall be accompanied by a wage-slip showing—

2431

S.I. 235 of 2018

(c) responsibility allowance shall be paid where an employee acts on a higher grade which is not their next promotional grade at 80% of difference between the grades involved.

Tool allowance 29. Employees within the GMB, whose jobs require possession of a tools box, shall be paid a tool allowance equivalent to 10% of one’s basic, for use of the personal tools box.

Night shift allowance 30. A night shift allowance equivalent to 10% of one’s daily hourly rate per shift shall be paid, through the payroll, to employees who work night shift, excluding security guards.

Standby allowance 31. (1) Employees who are required to be on standby especially during public holidays, or period deemed necessary, shall be paid a standby allowance equivalent to 5% of one’s basic salary.

(2) Standby allowance is applicable to technical and IT staff only and shall not apply to employees on short time work in other departments.

Vacation leave 32. (1) Every employee shall accumulate vacation leave at the rate of two and half days for each month of continuous service up to a maximum accrual of 90 day’s paid vacation leave. (2) Where an employee is required to work on a day during which he or she would otherwise be on vacation leave, such day shall not count as part of his or her vacation leave and he or she shall be compensated by an equal number of days. (3) An employee shall be entitled to proceed on vacation leave within six weeks of his or her application and only when such leave has been approved and authorised: Provide that— (i) where undue hardship would be caused to the

employer by reason of the short period between the employee’s application for vacation leave and his or her proceeding on such leave, the employee


2430

Collection/Selling point allowance (inputs and grain) 25. (1) Collection/Selling point allowance of $100,00, per month shall be applicable to employees who spend four days and above per month at the collection/selling point, inclusive of food expenses. (2) If an employee spends less than four days per month at the collection/selling point, he or she shall be paid $12,00, day subsistence and $13,00, night subsistence allowances with meals included.

Allowances and meals for delivery employees and messengers 26. (1) Allowances and meals for employees who deliver silo products and messengers shall be $4,00, per person to cater for lunch only, and shall be paid to employees who will be away from their workstation for a period of not less than fi ve hours per each day and if it coincides that employees are still away from home station during lunch hour.

Relocation/Disturbance allowance 27. (1) An employee who is transferred to another depot/workstation, at the initiative of the employer, shall be entitled to 100% of his/her basic salary as relocation/disturbance allowance, which shall be paid through the normal payroll system.

Acting/Responsibility allowance 28. (1) A permanent employee appointed to act in a post on a higher salary grade than the one he or she occupies, during the absence of the incumbent for a continuous period of not less than 12 days, and not exceeding 184 days, shall be paid acting/responsibility allowance. (2) The acting/responsibility allowance shall be paid according to the following formula— (a) the difference between the salary of an acting incumbent

and fi rst notch of the position he or she is acting provided it is his or her next promotional grade;

(b) where one is acting in a senior manager’s position, the acting allowance will be paid out in accordance with paragraph (a) above. Only qualifi ed personnel must fi ll Acting positions;

2427

S.I. 235 of 2018

(a) the name and the grade (for those with grades) of employee; and

(b) the wage rate; and (c) the amount of overtime; and (d) bonus and allowances (if any); and (e) deductions for absence without leave, or other deductions

permitted in terms of section 15; and (f) the net amount received by the employee; and (g) the period for which payment is made; and (h) banking details of the employee.

Piece-work, and work on a ticket system 17. The employer shall not give out and no employee shall perform, work on— (a) a piece-work basis; or (b) a ticket system.

Reward scheme and perfomance bonus 18. (1) Notwithstanding the provisions of section 16, the employer may operate a reward scheme whereby the remuneration of an employee in excess of the prescribed minimum wage and overtime, if any, may be determined by quantity of output or measurement of work performed. (2) The Grain Marketing Board shall, in November each year, pay a bonus once a year to its permanent employees, equivalent to the 13th cheque. (3) All staff will normally qualify for annual bonus. New employees with less than a year’s service will be paid a pro-rata bonus from their date of engagement to end of December.

Pension Scheme 19. (1) Employees shall be members of the GMB Pension Scheme or any applicable Pension Scheme in the industry which shall be agreed upon by parties to the Council.


2428

(2) Subscriptions to the Pension Scheme shall be 18% employer contribution and 7% employee contribution, as shall be determined in terms of the Pension Rules and Regulations. (3) Payment of pension benefi ts shall be in terms of the GMB Pension or any applicable Pension Scheme Pension Rules and Regulations.

Funeral Scheme 20. (1) The Council shall establish a Group Funeral Scheme to assist members in the industry in times of bereavement. (2) The employer shall contribute $1,00, for non-managerial employees, while the employee contributes $1,00, for immediate family members and an additional $0,50, for each dependent up to a maximum of two, which shall be subject to change from time to time. (3) For purposes of administration of the scheme, the Council shall put in place a Group Funeral Scheme Committee.

Housing Fund 21. (1) Employees may be members of the GMB Housing Fund operating in the industry, however, such membership shall not be compulsory. (2) Subscriptions to the Housing Fund shall be 2% Employer Contribution and 4% Employee Contribution, or as shall be determined by parties from time to time. (3) The Housing Fund shall be for the purpose of assisting its members to acquire residential stands, and to build such stands. (4) Benefi ting from the Housing Fund by members shall be done through a set criterion as shall be determined by the set committees.

Medical Aid Scheme 22. (1) Employees shall be members of the Medical Aid Scheme operating in the industry. (2) Employees who join this scheme would contribute 20% while the Grain Marketing Board contributes 80% of the subscriptions.

2429

S.I. 235 of 2018

(3) Medical Aid Benefi t by members shall be administered independently from GMB by the Medical Aid Scheme Administrators, namely AGRIMED.

Travelling and subsistence allowances 23. (1) an employee who is required to work at a place so far from his or her usual place of work as to necessitate his or her sleeping away from home shall be paid, in addition to his or her wage for the time during which he or she is away from home, either— (a) proved expenses for meals and accommodation

reasonably and necessarily incurred by him or she; or (b) in respect of unproved expenses for employees who

travel more than 60 km away from their workstations, the following allowances shall apply—

(i) breakfast $15,00; (ii) lunch $15,00; (iii) supper/dinner $15,00; (iv) accommodation $45,00. (2) Employee who travel away from home station for periods below fi ve hours and are working within 60 km radius will claim $4,00, per meal or may get lunch from depot/station canteens visited. (3) Unproved travelling and subsistence allowance shall not be claimed for more than 14 days of being away from home station.

Subsistence allowances for drivers, fumigation and technical staff 24. (1) Drivers, fumigation and technical staff working away from their depots, shall be entitled to— (i) day subsistence of $12,00, for breakfast, lunch and

for being away from workstation for 12 hours on GMB business during day time;

(ii) night Subsistence of $13,00, for accommodation and supper for 12 hours during the night;

(iii) a total of $4,00, per meal if claimed separately in cases where the employee is away from workstation for a period of less than 12 hours.


2412

Section26. Allowance and meals for delivery employees and messengers. 27. Relocation/Disturbance allowance. 28. Acting/Responsibility allowance. 29. Tool allowance. 30. Night shift allowance. 31. Standby allowance. 32. Vacation leave. 33. Sick leave. 34. Compassionate/Special leave. 35. Maternity leave. 36. Nursing mothers. 37. Industrial holiday. 38. Contract and notice. 39. Duration of fi xed term contracts. 40. Continuous service. 41. Long service awards. 42. Record of service. 43. Record of employees. 44. Protective clothing and uniforms. 45. Expenses of council. 46. Application of agreement. 47. Copy of agreement. ANNEXURE: Grading matrix.

Agreement In accordance with the provisions of the Labour Act [Chapter 28:01], this agreement is made and entered into between the Grain Marketing Board of Zimbabwe (hereinafter referred to as “the employer “or employers’ organisation”), of the one part, and the Grain Marketing Board Workers’ Union (hereinafter referred to as “the employees” or “the trade union), of the other part, being parties to the National Employment Council for the Undertaking of Grain Marketing Board.

Scope of application of agreement 1. (1) The provisions of this agreement shall be observed by the employers and his or her employees within the GMB Industry and its subsidiaries, for whom wages are prescribed in this agreement.

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S.I. 235 of 2018

B B LOWER B3

Personal Driver (GM);

Accounts Clerk-

Housing

Bus Driver

Heavy Vehicle Driver; Depot

Accounts Clerk -;

Accounts Clerk-Live

site

Accounts Clerk

Debtors; Accounts

Clerk Creditors; Accounts

Clerk Ledgers;Accounts

Clerk Payroll;

Accounts Clerk

Budgets; Accounts

Clerk Treasury; Accounts

Clerk Assets; Accounts

Clerk Central Stores;

Accounts Clerk

Inputs; Accounts

Clerk Region

Accounts Clerk

B B LOWER B2

Filing Clerk (GM); Filing Clerk-HR;

Receptionist; Switchboard

Operator;

Pool Driver; Caretaker, Executive

Driver;

Shipping & Distribution

Clerk; Operations Clerk; Silo Operator;

Depot Clerk; Sergeant;

Clerk/Typist/Receptionist;Stores Clerk Technical;

Procurement Clerk;

Inputs Clerk

Administration Clerk; Sales

Clerk; Distribution Clerk; Clerk/

Typist/Receptionist

B B LOWER B1

Registry/Archives

Clerk/ Duplicator;

Corporal; Journeyman

Ass Electrical; Journeyman Ass

Mechanical; Stack builder;

Weighmaster


2444

ANNEXURE (Sections 3 and 9(7))JOB GRADING MATRIX

BA

ND

GRADE SUBGRADE

GENERAL MANAGER

CORPORATE SERVICES &

ADMINISTRATION

OPERATIONS DIVISION

FINANCE DIVISION

NORTON STOCKFEEDS

C C UPPER C3HR Systems

OperatorDepot

Assistant in Charge

Cashier; Accounting Assistant Inputs;

Accounting Assistant Assets;

Accounting Assistant Ledgers;

Accounting Assistant Region

Cashier, Accounting Assistant

C C LOWER C2

Pest Control Supervisor;

Lab Technician;

Depot Assistant;

Warehouse Assistant; Quality

Assurance Assistant;

Stores Assistant

C C LOWER C1Human

Resources Assistant;

Administration Assistant

Handyman Motor Mech; Handyman Electrical; Handyman

Mechanical;

Handyman Mechanical

B B UPPER B5Handling

Supervisor In Charge

B B UPPER

B4 Handling Supervisor; Processing/

Shift Supervisor;

2413

S.I. 235 of 2018

(2) This agreement shall apply to all non-managerial employees in grades A1 to C3, both permanent and fi xed term contract employees. (3) This agreement shall also apply to employees under the GMB employee welfare facilities such as the guest lodge, sports club and staff canteens.

Alteration of agreement 2. If either party desires to alter the terms of the agreement, such party shall give one month’s written notice to the Secretary of the Council. The notice shall give full details of the desired amendment and on receipt thereof, the Secretary shall immediately send a copy of the notice to the other party of the agreement. The proposed amendment shall be considered and voted upon at a meeting of the council held not later than three months after receipt of the notice by the secretary.

Defi nition of terms 3. (1) Any expression used in this agreement which are defi ned in the Labour Act [Chapter 28:01] as amended from time to time, and extended other than those defi ned in this clause, shall have the same meaning as in that Act, further, words importing masculine gender to include female gender unless inconsistent with the context.

“Act” means the Labour Act [Chapter 28:01] as amended from time to time;

“agent” means a person appointed by the Council to assist in giving effect to the terms of any agreement entered into by the parties to the Council;

“allowances” means transport allowances, and housing allowances or any allowances paid to an employee;

“casual employee” means an employee whose engagement is for a period of not more than six weeks in any four consecutive months;

“continuous service” means the total period of an employee’s unbroken service with the employer as outlined in section 40 of this agreement;


2414

“Council” means the National Employment Council for the undertaking of Grain Marketing Board;

“day off” means sunday or that day in the week in place of Sunday on which an employee is not normally required to work;

“day-shift” means any shift which is not a night shift; “depot’’ means any place established by the employer for

carrying on any activity of the employer; “emergency work” means work which must be performed

immediately in the national interest, or in order to prevent harm to the employer’s assets or the employees, or to nearby persons or property;

“employer” means the Grain Marketing Board, established in terms of the Grain Marketing Act [Chapter 18:14];

“fixed term contract employee” means a contract of employment with specifi ed period of time/employment in line with section 12(2)(b) of the Labour Act [Chapter 28:01];

“fringe benefi ts” means any form of compensation provided to employees outside of a stated wage or salary;

“General Secretary” means the General Secretary of the Council;

“grade” means a grade listed in the grading matrix in Annexure;

“industrial holiday” means any day prescribed as holiday in terms of section 37 of this agreement;

“medical practitioner” means a person registered as a medical practitioner by the Medical, Dental and Allied Professions Council or registered traditional medical practitioner;

“night-shift” means a shift the majority of hours of which fall between 8 p.m. and 5 a.m.;

“overtime” means any time worked outside the ordinary daily hours and paid in terms of section 14 of this agreement;

“party” means the employer’s organisation or the trade union;

2443

S.I. 235 of 2018

this agreement, save on the instruction of the council carrying out responsibilities under subsections (1) and (2).

Declaration The employer and the trade union, having arrived at the agreement set forth herein, the undersigned hereby declare that the foregoing is the agreement arrived at and affi x their signatures hereto.

Signed at Harare this 26th day of July, 2018.

A. MUZAMBI,for and on behalf of the Employer Organisation.

D. CHIGOGO,for and on behalf of the Trade Union.

G. MPEMBA,Chairman of the Council.


2442

1.5 percent from basic wages of each of his or her employees for whom wages are prescribed in this agreement. (2) To the amount so deducted in terms of subsection (1), the employer shall contribute an equivalent amount. (3) On or before the seventh of each month in respect of the previous month’s contributions, the employer shall forward to the Secretary all monies payable in accordance with the provision of subsections (1) and (2), together with a statement in the form prescribed by the Council. Such statement shall be endorsed as a “nil” return where an employer does not employ any employees from whose wage deductions are due. (4) If payment is made by the 15th of the following month in respect of the previous month’s contributions and deductions, interest shall be chargeable at a rate which shall be 5% of the total outstanding contributions. (5) Where an employer fails to forward to the Secretary all moneys payable in terms of subsections (1), (2), (3) and (4), court action shall be taken to recover the money. Such action shall be issued from the Magistrates Court in Harare and shall include amounts, which are beyond the jurisdiction of the Magistrates Courts.

Application of agreement 46. (1) No employee may waive the provisions of this agreement, whether or not the said provisions create a benefi t to or an obligation upon the employer or employee concerned. Each provision shall create a right or obligation, as the case may be, independently of the existence of other provisions. (2) Should any of this agreement be declared ultra vires by any competent court of law, the remaining provisions of the agreement shall be deemed to be the agreement, and shall remain in force for the unexpired period of this agreement. Copy of agreement 47. (1) The employer shall exhibit a copy of this agreement and all amendments thereto in a place easily accessible to every employee. (2) No person shall, without lawful cause, alter, deface or remove, or cause to be altered, defaced or removed, a copy of

2415

S.I. 235 of 2018

“seasonal worker” means an employee who is employed on a month-to-month contract basis for a period not exceeding eight months in any period of 12 months;

“security guard” means a uniformed employee who is employed to guard and protect the premises and any other movable or immovable property of the board;

“task-work” means a stated task which is set by the employer for an employee, and which has to be completed as a condition of earning a wage;

“undertaking” means, without in anyway limiting the ordinary meaning of the expression, the undertaking in which the employer and its employees are associated together for the purposes specifi ed in section 23 of the Grain Marketing Board Act [Chapter 18:14];

“wage” means the earnings of an employee, but does not include any payment in respect of overtime or any bonus payment or other like benefi ts;

“working day” means any day other than a day off or an industrial holiday.

Administration of agreement 4. The Council shall be the body responsible for the administration of this agreement, and it may issue expressions of opinion not inconsistent with the provisions hereof for the guidance of the employer and employees and may delegate any of its duties or powers to its Executive Committee or to committees appointed by Council.

Exemptions 5. The Council may in its sole discretion and upon such terms and conditions as it may determine, grant exemption, in writing, from any of the provisions of this agreement to the parties concerned. Such exemption may be cancelled by the Council, at its discretion.

Agents 6. The Council may appoint specifi ed persons to assist in giving effect to the terms of this agreement, and it shall be the duty of any


2416

employer or employee in the industry to permit such person to institute such inquiries and to examine such books or documents as may be necessary for ascertaining whether the provisions of the agreement are being complied with.

Trade union representation on the Council 7. It shall be the duty of the employer, provided that he or she has been notifi ed, to give to those of his or her employees who are representatives and/or alternates of the Council every reasonable facility to attend to their duties in connection with the work of the Council and such representative and/or alternate shall not suffer any reduction in remuneration allowances.

Register 8. The Secretary to the Council shall maintain a register of the employer/s in the Undertaking and a record of the number of employees returned in terms of section 43.

Grading, wages, and allowances 9. (1) The employer shall place each permanent employee in the grade prescribed appropriate to his or her occupation as indicated in the Annexure, and shall pay wages to such employee of at least the amount prescribed in the Schedule below for the employee’s grade and class, and no employee shall accept wages amounting to less than the amount prescribed for him or her.

2441

S.I. 235 of 2018

pairs gumboots and two pairs of long sleeved overalls to each sanitary work, bi-annually;

(c) a respirator, earmuffs/plugs, safety goggles and chemical respirators to employees who work in dusty areas, noisy areas, or in areas where there is a danger to the eye of fl ying objects or to fumigator. Replacement of these, shall be on a need basis.

(2) The employer shall supply, free of charge; to each security guard every item of uniform applicable to his or her rank specifi ed by the employer to be worn for the satisfactory performance of his or her duties and shall provide waterproof caps or other suitable protective clothing for use by every security guard who, in the course of his or her duties, is habitually exposed to inclement weather. (3) Protective clothing supplied to employees shall remain the property of the employer if the employer is responsible for mending, washing, and otherwise maintaining such clothing. (4) Protective clothing supplied to an employee shall become the property of the employee after six months of service if the employee is responsible for mending, washing and otherwise maintaining such clothing: Provided that emblems and insignia provided by the employer to be worn on such clothing shall remain the property of the employer. (5) Subject to subsections (2), (3) and (4) an employee who— (a) fails to return such clothing issued in terms of subsection

(1) on resignation, retirement or discharge; or (b) loses such clothing, due to his or her own negligence; shall be liable for the cost of replacement, and the employer shall recover such amount from any moneys due to the employee. (6) When the employer recovers the cost of replacement of clothing from an employee in terms of subsection (5), due allowance for fair wear and tear shall be made in the assessment of such cost.

Expenses of the Council 45. (1) For the purposes of meeting the expenses of the Council the employer shall each month make a deduction equivalent to


2440

Provided that the employer shall pay wages— (a) weekly in case of weekly paid employees and by not

later than Saturday; and (b) fortnightly paid employees and not later than each

alternate Saturday. (3) When an employee’s services are terminated, payment of all remuneration due shall be made immediately, unless the service of such employee is terminated summarily, when a payment shall be made within two weeks of the termination of service. (4) Wages and benefi ts payable to any employee or to his or her estate in terms of this clause shall not form part of or be construed as a retrenchment package, which an employee is entitled to where his or her employment has been terminated as a result of retrenchment in terms of section 12C of the Act, as amended from time to time. (5) All remuneration shall be paid in cash/transfer or, at the option of the employee, by cheque, and shall be accompanied by a written statement— (a) the name and grade of the employee; and (b) the wage rate; and (c) the total number of hours worked; and (d) the amount of overtime; and (e) deductions for absence without leave, or other deductions

permitted in terms of clause 15; and (f) bonus and allowances; and (g) the net amount received by the employee.

Protective clothing and uniforms 44. (1) The employer shall supply free of charge, bi-annually in each calendar year— (a) two pairs of overalls/work suits, a pair of safety shoes,

dust musks and a carrier’ caps to each employee engaged in manual work, bi-annually;

(b) a pair of safety shoes and three dustcoats to each supervisor; and at least one raincoat, a pair of gloves, two

2417

S.I. 235 of 2018

SCHEDULE (Section 9)

GRADING, WAGES, AND ALLOWANCES (PERMANENT EMPLOYEES)



Gross Salary

A11 223,22 66,97 290,19

A12 271,45

81,43

352,88

A13 277,69

83,31

361,00

A14 284,08

85,22

369,30

A15 290,61

87,18

377,80

A16 297,15

89,14

386,29

A21 321,47

96,44

417,91

A22 326,89

98,07

424,96

A23 331,79

99,54

431,33

A24 336,77

101,03

437,80

A25 341,82

102,55

444,37

A26 346,95 104,08 451,03

A31 352,15 105,65 457,80

A32 357,43 107,23 464,67

A33 362,80

108,84

471,64

A34 368,24

110,47

478,71

A35 373,76 112,13

485,89


2418



Gross Salary

A36 379,37

113,81

493,18

B11 385,06

115,52

500,58

B12 390,83

117,25

508,09

B13 396,70

119,01

515,71

B14 398,68

119,60

518,29

B15 400,67 120,20 520,88

B16 402,68 120,80 523,48

B21 404,69

121,41

526,10

B22 406,71

122,01

528,73

B23 409,97

122,99

532,96

B24 413,25

123,97

537,22

B25 416,55

124,97

541,52

B26 419,89

125,97

545,85

B31 423,25

126,97

550,22

B32 426,63

127,99

554,62

B33 430,04

129,01

559,06

B34 433,48

130,05

563,53

B35 436,95

131,09

568,04

2439

S.I. 235 of 2018

Record of service 42. (1) An employee, whose services are terminated, for any cause whatsoever, may request a record of service from his or her employer. (2) The record of service supplied by the employer to the employee shall specify the period of service by the employee and the occupation in which he or she was employed.

Record of employees 43. (1) The employer shall keep records for employees for whom wages are prescribed in this agreement, which shall refl ect the following— (a)— (i) employment number; and (ii) full name; and (iii) grade and occupation; and (iv) date of engagement; and (v) wage rate; and (vi) daily and total number of hours worked; and (vii) amount of overtime; and (viii) bonus and allowances; and (ix) deductions from wages and; (x) gross and net wages; and (xi) date of payment and signature of recipient; (b) these records shall be kept at the establishment at all

times and shall be made available for inspection by a Council Designated Agent at any time on demand;

(c) such records shall be kept for a period of not less than three years.

(2) The employer shall pay all remuneration, including wages, overtime, and allowances at least once every month and by not later than the last day in each month:


2438

(8) Whenever an employee has been provided with accommodation directly or indirectly by his or her employer the employee shall not be required to vacate the accommodation before the expiry of a period of one month after the period of notice specifi ed in terms of clause 38(2) or (7). (9) Notwithstanding clause 38(2) or (7), the parties to any contract of employment may, by mutual agreement, waive the right to notice: Provided that where the termination is at the initiative of the employer, the employee shall have a right to payment for period corresponding to the appropriate period of notice required in terms of clause 38(2) or (7).

Duration of fi xed term contracts 39. A fi xed term contract employee shall be employed for a minimum duration of one month renewable up to 24 months. With effect from 1st April, 2017, any fi xed term contract employee who shall be employed in that capacity for a period exceeding 24 consecutive months shall be deemed to be a permanent employee from the date of his or her initial engagement.

Continuous service 40. (1) Continuous service shall mean the total period of an employee’s unbroken service with the employer. (2) An employee who is discharged and re-engaged by the employer, after a period of two months of such discharge shall be deemed to have broken his or her continuous service. Continuous service shall also be deemed to be broken by the death, resignation, retirement or discharge of the employee concerned. (3) A period of absence without the permission of the employer or a period of absence between discharge and reengagement, shall not be taken into consideration in calculating any benefi ts due to the employee. Long service awards 41. (1) The employer shall pay such long service awards as parties may fi x from time to time to those employees who have completed fi ve, ten, fi fteen, twenty, twenty-fi ve, thirty and thirty-fi ve years of continuous service.

2419

S.I. 235 of 2018



Gross Salary

B36 440,45

132,13

572,58

B41 443,97

133,19

577,16

B42 447,52

134,26

581,78

B43 451,10

135,33

586,44

B44 454,71

136,41

591,13

B45 458,35

137,51

595,86

B46 462,02

138,61

600,62

B47 465,71

139,71

605,43

B51 465,71

139,71

605,42

B52 469,44

140,83

610,27

B53 473,19

141,96

615,15

B54 476,98

143,09

620,07

B55 480,80

144,24

625,03

B56 484,64

145,39

630,04

B57 488,52

146,56

635,08

C11 488,53

146,56

635,09

C12 492,43

147,73

640,16

C13 496,37

148,91

645,28

C14 500,34

150,10

650,44

C15 504,34

151,30

655,64


2420



Gross Salary

C16 508,38

152,51

660,89

C21 512,44

153,73

666,18

C22 516,54

154,96

671,50

C23 520,67

156,20

676,88

C24 524,84

157,45

682,29

C25 529,04

158,71

687,75

C26 533,27

159,98

693,25

C31 537,54

161,26

698,80

C32 540,22

162,07

702,29

C33 541,85

162,55

704,40

C34 543,47

163,04

706,51

C35 545,10

163,53

708,63

C36 546,74

164,02

710,76

(2) The grading, wages and allowances referred in the Schedule above, shall apply to permanent employees only. Wages, grading, and allowances for casual/task and fi xed term contract employees shall be determined by the Council from time to time, and such conditions shall be a supplement to this agreement. (3) An employee who, at the date of commencement of this agreement, is in receipt of a higher wage for his or her particular occupation than the wage prescribed in terms of this section shall, not by reason of this agreement, suffer any reduction in his or her wage, grading and allowances.

2437

S.I. 235 of 2018

(d) two weeks for a contract for a period exceeding three months but less than six months;

(e) one day in the case of a contract for a period of less than three months or in the case of casual work or seasonal work.

(3) Neither the employer nor an employee shall give notice of termination of contract whilst the employee is on vacation leave. (4) An employee who has given or received notice to terminate employment shall not be required or permitted to take vacation leave during the period of such notice, except by mutual agreement, in writing. (5) Any contract of employment which is for a stipulated period shall specify the date of commencement and the date of termination. Notice of termination shall also be applicable in terms of section 38(2) of this agreement. (6) The employer shall not terminate a contract of employment on notice unless— (a) the termination is in terms of an employment code or

in the absence of an employment code, in terms of the model code made under section 101 of the Labour Act [Chapter 28:01]; or

(b) the employer and employee mutually agree in writing to the termination of the contract; or

(c) the employee was engaged for a period of fi xed duration or for the performance of some specifi c service; or

(d) pursuant to retrenchment, in accordance with section 12C of the Labour Act [Chapter 28:01].

(7) A contract of employment may provide in writing for a single, non-renewable probationary period of not more than— (a) one day in the case of casual work or seasonal work; or (b) three months in any other case;during which notice of termination of the contract to be given by either party may be one week in the case of casual work or seasonal work or two weeks in any other case.


2436

Provided that, when an industrial holiday falls on a Sunday, the following day shall be deemed to be an industrial holiday. (2) Subsections (3) and (4) shall not apply to security guards and those on shift work. (3) Subject to subsection (3) every employee shall be granted leave of absence on industrial holidays, and shall be paid his or her normal daily wage for every industrial holiday. (4) The employer shall not require an employee to work on an industrial holiday, except in cases of emergency work, in which case the employee shall be paid in terms of subsection (3) of section 13 in respect of time worked.

Contract and notice 38. (1) The employer shall inform every employee, in writing, upon engagement of the nature of his or her contract, including— (a) his grade (where applicable); and (b) his wage and when it will be paid; and (c) the period of notice required to terminate the contract

of employment; and (d) the hours of work; and (e) the details of any bonus or incentive scheme in operation

(where applicable); and (f) provision for benefi ts during sickness; and (g) vacation leave; and (h) pension. (2) Every contract of employment shall provide the following notice of termination of contract, which shall be given by either party— (a) three months for a contract without limit of time or for

a period exceeding two years; (b) two months for a contract for a period exceeding one

year but less than two years; (c) one month for a contract for a period exceeding six

months but less than one year;

2421

S.I. 235 of 2018

(4) On promotion to a higher grade, an employee shall be paid at least— (a) the wage which he or she last received prior to his or

her promotion; or (b) the minimum wage prescribed for such grade whichever

is the greater. (5) An employee who is required to perform work in a lower grade than in which he or she is normally employed, shall be paid the wage applicable to the grade of work which he or she normally works. (6) An employee who is required to perform work in a higher grade than that in which he or she is normally employed, shall be paid, in addition to his or her normal wage, either an acting or a responsibility allowance in respect of such higher grade. (7) Where an operation performed by an employee is not specifi ed in the Annexure; (a) the employer shall provisionally place the employee in

a grade; and (b) the employer or employee shall notify the Secretary to

Employment Council; and (c) the Secretary, after consultation with the Chairman of

the Employment Council, shall determine an interim classifi cation of the operation, which shall be subject to ratifi cation by the Employment Council at its next meeting:

Provided that, if the interim classifi cation by the Employment Council places the employee in a grade— (a) higher than the employee’s current grade, he or she shall

be paid not less than the minimum wage prescribed for such higher grade with effect from the date upon which he or she commenced performing the operation concerned; or

(b) lower than the employee’s current grade, it shall be lawful to reduce his or her wage to not less than the minimum wage prescribed for such lower grade, with


2422

effect from the date upon which such classifi cation is determined, unless the employee refuses to accept the lower wage, in which event—

(i) he or she may be given the relevant notice of termination of employment; and

(ii) during the period of such notice, he or she shall be paid the wage he or she was receiving prior to such determination.

(8) The employer shall not reduce an employee’s wage for anytime not worked if the employee was able and willing to work and was present at his or her place of work but the employer was unable or unwilling to furnish him or her with work.

Fringe benefi ts 10. (1) In addition to the wages, and allowances provided in the Schedule, permanent employees shall be given— (a) transport allowance of $85,75 per month; (b) $84,53 Urban housing allowance, $36,75 Semi-urban

allowance and $18,38 Rural allowance, per month, depending on location of the employee;

(c) monthly allocation of 1 x 50 kg bag of maize and 1x 2kg of rice;

(d) monthly canteen allocation of 1 x 5 kg maize meal. (2) Contract employees shall be given— (a) monthly allocation of 1 x 20 kg bag of maize meal; (b) monthly canteen allocation of 1 x 5 kg maize meal. (3) The above fringe benefi ts shall be subject to change from time to time as shall be deemed necessary by the parties.

Hours of work: employees other than shift-workers 11. (1) Subject to subsection (1) of section 11, this section shall not apply to shif-workers. (2) The ordinary hours of work for employees other than security guards shall not exceed 44 hours per week, with 30 minutes tea break and one-hour lunch break:

2435

S.I. 235 of 2018

(5) Unless the employer grants sick leave for medical reasons other than maternity, sick leave may not be granted once maternity leave has begun or during a period of unpaid maternity leave. (6) During the period when a female employee is on maternity leave in accordance with this clause, her normal benefi ts and entitlements, including her right to seniority or advancement and the accumulation of pension rights, shall continue uninterrupted in the manner in which they would have continued had she not gone on leave, and her period of service shall not be considered as having been interrupted, reduced or broken by the exercise of her right to maternity leave in terms of this clause.

Nursing mothers 36. (1) A female employee who is the mother of a suckling child shall during each working day, be granted at her request at least one hour or two half hour periods, as she may choose during normal working hours, for the purpose of nursing her child and such employee may combine portion or portions of time which she is so entitled with any other normal breaks so as to constitute longer periods that she may fi nd necessary or convenient for the purpose of nursing her child. (2) Notwithstanding subsection (1), the grant of breaks during normal working time to a female employee for the purpose of nursing her child shall be made in accordance with all the exigencies of her employment and nothing done to prevent any disruption of normal production process or any interference with the effi cient running of an undertaking shall be in contravention of subsection (1). (3) A female employee shall be entitled to the benefi ts under subsection (1) for the period during which she actually nurses her child or six months, whichever is the lesser. (4) Any person who contravenes this clause shall be guilty of an unfair labour practice.

Industrial holidays 37. (1) All days declared in terms of the Public Holidays and Prohibition of Business Act [Chapter 10:21] as public holidays shall be industrial holidays:


2434

(b) who is subpoenaed to attend any court in Zimbabwe as a witness;

(c) who is required to attend as a delegate or offi ce-bearer at any meeting of a registered trade union representing employees within the GMB Industry;

(d) who is detained for questioning by the police; (e) on the death or serious illness of a spouse, parent, child,

grandparents, brother, sister or legal dependent; (f) on any justifi able compassionate ground.

(2) Such employee shall, upon his or her return produce offi cial documentary evidence on headed paper or date-stamped and signed by the issuing authority, who shall be either a registered medical practitioner, hospital superintended, district administrator, offi cer of the Zimbabwe Republic Police, district councillor, school headmaster, or a registered traditional medical practitioner that such special circumstances did exist.

Maternity leave 35. (1) Unless more favourable conditions have otherwise been provided for in any employment contract or in any enactment, maternity leave shall be granted in terms of this clause for a period of 98 days on full pay to a female employee who has served for at least one year. (2) On production of a certifi cate signed by a registered medical practitioner or State registered nurse certifying that she is pregnant, a female employee may proceed on maternity leave not earlier than the 45 day and not later than the 21st day prior to the expected date of delivery. (3) A female employee shall be entitled to be granted a maximum of three periods of maternity leave with respect to her total services to any one employer during which she shall be paid her full salary: Provided that paid maternity leave shall be granted only once during any period of 24 months calculated from the day any previous leave was granted. (4) Any maternity leave requested in excess of the limits prescribed in this section may, be granted as unpaid maternity leave.

2423

S.I. 235 of 2018

Provided that the ordinary hours shall not exceed 10 hours per day. (3) The ordinary hours of work for security guards shall not exceed 48 hours per week: Provided that the ordinary hours of work shall not exceed 12 hours in any period of 24 hours. (4) The employer may request, but shall not require, an employee to work overtime, and shall, whenever possible give 24- hours notice to such employee of such request: Provided that an employee needed to render emergency work shall not decline requests to work overtime without reasonable excuse. (5) Except in the case of emergency work, the employer shall not permit any employee to work more than 10 hours of overtime in any one week. (6) Every employee shall receive at least one day off duty each week. (7) An employee shall not be required to work on his or her day off, except in cases of emergency work, but no employee shall be required to work on his or her off days in successive weeks. (8) The employer shall not require or permit any employees to work for a continuous period of more than fi ve hours, without a break of at least 30 minutes: Provided that such continuous period shall be deemed not to be broken by the break prescribed in subsection (9) (9) The employer shall permit all employees to have a ten-minute break between the second and fourth hour after starting work.

Hours of work: shift-workers 12. (1) Subsections (4) to (7) and (9) of section 11 shall apply to shift-workers. (2) The ordinary hours of work for shift-workers shall not exceed 48 hours per week: Provided that the ordinary hours of work shall not exceed 12 hours in any period of 24 hours.


2424

(3) The employer shall not permit a shift-worker to work for a continuous period of more than fi ve hours without a break of at least 15 minutes: Provided that such continuous period shall be deemed not to be broken by the break prescribed in subsection (9) of section 11. (4) The employer shall provide each shift-worker with a free beverage (tea) during the 15-minute break referred to subsection (3) or adequate facilities for preparing a beverage during the prescribed 15-minute break. (5) No shift-worker shall be required to work two shifts in one day, except for the purposes of changing shifts or in a case of emergency work, and no employee shall commence work on the new shift until at least eight hours have elapsed after the completion of his or her previous shift. (6) Nothing contained in this section shall confer any right to payment for overtime on any shift-worker who is required to work two shifts in one day for the purpose of changing shifts. (7) No shift-worker shall be kept on night-shift for a continuous period of more than four weeks without his or her consent. (8) A shift-worker who changed from night-shift to day-shift shall be placed on day-shift for a period at least equal to the period which he or she was on night-shift. (9) A shift worker shall be paid a night-shift allowance to be agreed by both parties from time to time

Conversion of rates 13. (1) For the purpose of converting a daily wage to hourly, weekly or monthly equivalents, the following computations shall apply— (a) to obtain the hourly equivalent to a daily wage, the daily

wage shall be divided by the number of hours ordinarily worked in a day;

(b) to obtain the weekly equivalent to a daily wage, the daily wage shall be multiplied by the number of days ordinarily worked in a week;

2433

S.I. 235 of 2018

(a) whether or not he or she is fi t for work; and (b) if he or she is not fi t for work, the period for which he

or she is likely to be unfi t for work;and shall produce such certifi cate when applying for sick leave to the employer.

(4) If an employee has obtained from a medical practitioner a certifi cate that he or she is unfi t to work, he or she shall be paid his or her wage in full, by the employer whilst unfi t for work for the period stated by the medical practitioner but not exceeding, in aggregate, ninety working days in any one year of service as prescribed by the Labour Act [Chapter 28:01].

(5) If an employee— (a) has been paid his or her wage in full, in terms of subsection

(4) for a continuous period of 90 working days, or for a number of periods aggregating 90 working days, in any one year of service; and

(b) is within that year of service, again certifi ed by a medical practitioner as being unfi t for work;

he or she shall be paid half his or her wage by his or her employer for such further period as the medical practitioner may certify him or her to be unfi t, but not exceeding, in aggregate, ninety working days within one year of service. (6) The employer shall be entitled to terminate the contract of employment on medical grounds upon fulfi lment of the provisions of subsections (4) and (5). (7) An employee shall not be entitled to the benefi ts of this section if his or her sickness was self-induced or his or her injury was wilfully self-infl icted due to failure to take reasonable precautions.

Compassionate/Special leave 34. (1) Special leave on full pay not exceeding 12 days in a calendar year shall be granted by an employer to an employee— (a) who is required to be absent from duty on the instruction

of a practitioner because of contact with an infectious disease;


2432

shall be entitled to proceed on vacation leave within nine weeks of his or her application;

(ii) an employee engaged in work with a seasonal peak may be required to take his or her vacation leave during the off season.

(4) An employee proceeding on vacation leave shall, if he or she so requests— (a) receive his or her current wage for the period of such

leave, prior to his or her going on leave; and (b) commute for cash any leave due to him or her, but not so

as to exceed the number of days taken as leave, subject to availability of funds as may be deemed necessary from time to time.

(5) An employee whose services are terminated for any cause whatsoever, shall be paid the cash equivalent of any accumulated leave at the time of such termination. (6) An employee in his or her fi rst year of employment shall accumulate vacation leave but shall not go on such leave during that year, except with the consent of the employer. (7) Upon reaching a ceiling of ninety days of vacation leave days, leave accumulation will cease and the employee will be required to proceed on such leave or commute for cash such leave. (8) Vacation leave and sick leave shall not run concurrently. Any employee who becomes ill or is injured during a period of vacation leave may cancel his or her vacation leave and apply for sick leave.

Sick leave 33. (1) An employee shall be entitled to sick-leave from the date of commencement of his or her employment. (2) If an employee, whilst at work, claims to be unfi t for work owing to sickness or accident, the employer shall grant such opportunities as may be necessary to enable such employee to be examined by a medical practitioner. (3) Upon being medically examined, an employee shall obtain medical certifi cate stating—

2425

S.I. 235 of 2018

(c) to obtain the monthly equivalent of a daily wage, the minimum wage specifi ed in the First Schedule as appropriate to that employee shall be multiplied by—

(i) twenty-two in the case of employees who work a fi ve-day week;

(ii) twenty-six in the case of employees who work a six-day week;

(iii) thirty in the case of salaried employees. (2) The conversion rate shall apply to both permanent and contract employees.

Payment of overtime 14. (1) The employer shall pay for overtime in excess of 15 minutes on any one day— (a) during the fi rst fi ve hours, at one and a half times the

current hourly wage of the employee; and (b) thereafter, at double the currently hourly wage of the

employee. (2) Notwithstanding subsection (1) the employer shall pay for overtime on a day off at double the current hourly wage of the employee. (3) Notwithstanding subsection (2) and in addition to the payment prescribed in subsection (2) of section 16, the employer shall pay for overtime on an industrial holiday— (a) during the ordinary hours of work for the day of the

week on which the industrial holiday falls, at one and a halftime the current hourly wage of the employee;

(b) outside the hours of work for the day of the week on which the industrial holiday falls, at double the current hourly wage of the employee.

(4) Notwithstanding subsection (3) the employer shall, at any given point in time, pay overtime equivalent to 30% of an employee’s basic salary per month. Excess overtime worked shall be converted


2426

to time off, which shall be granted to an employee by the employer on convenient times.

Deductions from wages 15. No deductions or set-off of any description shall be made or allowed from any remuneration due to an employee except— (a) where an employee is absent without leave from work

on days other than paid holidays or vacation leave, a pro rata amount of his or her wage only for the period of such absence; or

(b) where an employee has received an advance of remuneration due, the amount of such advance, up to an amount not exceeding 25 per centum of the gross remuneration owed;

(c) by a written stop-order for contribution to insurance policies, pension funds, medical aid societies or registered trade unions; or

(d) any amount which the employer is compelled by legal process to pay on behalf of an employee; or

(e) with written consent of an employee, for repayment of money lent by the employer on terms that have been mutually agreed to between the parties concerned;

(f) amounts to be recovered in respect of payments made in error on overpayment of wages.

Payment of wages 16. (1) The employer shall pay wages, at least one month, on or by the due date: Provided that overtime, bonuses and allowances shall be paid at least once a month and within seven days of the due date. (2) When the services of an employee are terminated, payment of all remuneration due shall be made within seven days after recovery of all amounts due to the employer. (3) All remuneration shall be paid in cash, transfer or by cheque, and shall be accompanied by a wage-slip showing—

2431

S.I. 235 of 2018

(c) responsibility allowance shall be paid where an employee acts on a higher grade which is not their next promotional grade at 80% of difference between the grades involved.

Tool allowance 29. Employees within the GMB, whose jobs require possession of a tools box, shall be paid a tool allowance equivalent to 10% of one’s basic, for use of the personal tools box.

Night shift allowance 30. A night shift allowance equivalent to 10% of one’s daily hourly rate per shift shall be paid, through the payroll, to employees who work night shift, excluding security guards.

Standby allowance 31. (1) Employees who are required to be on standby especially during public holidays, or period deemed necessary, shall be paid a standby allowance equivalent to 5% of one’s basic salary.

(2) Standby allowance is applicable to technical and IT staff only and shall not apply to employees on short time work in other departments.

Vacation leave 32. (1) Every employee shall accumulate vacation leave at the rate of two and half days for each month of continuous service up to a maximum accrual of 90 day’s paid vacation leave. (2) Where an employee is required to work on a day during which he or she would otherwise be on vacation leave, such day shall not count as part of his or her vacation leave and he or she shall be compensated by an equal number of days. (3) An employee shall be entitled to proceed on vacation leave within six weeks of his or her application and only when such leave has been approved and authorised: Provide that— (i) where undue hardship would be caused to the

employer by reason of the short period between the employee’s application for vacation leave and his or her proceeding on such leave, the employee


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Collection/Selling point allowance (inputs and grain) 25. (1) Collection/Selling point allowance of $100,00, per month shall be applicable to employees who spend four days and above per month at the collection/selling point, inclusive of food expenses. (2) If an employee spends less than four days per month at the collection/selling point, he or she shall be paid $12,00, day subsistence and $13,00, night subsistence allowances with meals included.

Allowances and meals for delivery employees and messengers 26. (1) Allowances and meals for employees who deliver silo products and messengers shall be $4,00, per person to cater for lunch only, and shall be paid to employees who will be away from their workstation for a period of not less than fi ve hours per each day and if it coincides that employees are still away from home station during lunch hour.

Relocation/Disturbance allowance 27. (1) An employee who is transferred to another depot/workstation, at the initiative of the employer, shall be entitled to 100% of his/her basic salary as relocation/disturbance allowance, which shall be paid through the normal payroll system.

Acting/Responsibility allowance 28. (1) A permanent employee appointed to act in a post on a higher salary grade than the one he or she occupies, during the absence of the incumbent for a continuous period of not less than 12 days, and not exceeding 184 days, shall be paid acting/responsibility allowance. (2) The acting/responsibility allowance shall be paid according to the following formula— (a) the difference between the salary of an acting incumbent

and fi rst notch of the position he or she is acting provided it is his or her next promotional grade;

(b) where one is acting in a senior manager’s position, the acting allowance will be paid out in accordance with paragraph (a) above. Only qualifi ed personnel must fi ll Acting positions;

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S.I. 235 of 2018

(a) the name and the grade (for those with grades) of employee; and

(b) the wage rate; and (c) the amount of overtime; and (d) bonus and allowances (if any); and (e) deductions for absence without leave, or other deductions

permitted in terms of section 15; and (f) the net amount received by the employee; and (g) the period for which payment is made; and (h) banking details of the employee.

Piece-work, and work on a ticket system 17. The employer shall not give out and no employee shall perform, work on— (a) a piece-work basis; or (b) a ticket system.

Reward scheme and perfomance bonus 18. (1) Notwithstanding the provisions of section 16, the employer may operate a reward scheme whereby the remuneration of an employee in excess of the prescribed minimum wage and overtime, if any, may be determined by quantity of output or measurement of work performed. (2) The Grain Marketing Board shall, in November each year, pay a bonus once a year to its permanent employees, equivalent to the 13th cheque. (3) All staff will normally qualify for annual bonus. New employees with less than a year’s service will be paid a pro-rata bonus from their date of engagement to end of December.

Pension Scheme 19. (1) Employees shall be members of the GMB Pension Scheme or any applicable Pension Scheme in the industry which shall be agreed upon by parties to the Council.


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(2) Subscriptions to the Pension Scheme shall be 18% employer contribution and 7% employee contribution, as shall be determined in terms of the Pension Rules and Regulations. (3) Payment of pension benefi ts shall be in terms of the GMB Pension or any applicable Pension Scheme Pension Rules and Regulations.

Funeral Scheme 20. (1) The Council shall establish a Group Funeral Scheme to assist members in the industry in times of bereavement. (2) The employer shall contribute $1,00, for non-managerial employees, while the employee contributes $1,00, for immediate family members and an additional $0,50, for each dependent up to a maximum of two, which shall be subject to change from time to time. (3) For purposes of administration of the scheme, the Council shall put in place a Group Funeral Scheme Committee.

Housing Fund 21. (1) Employees may be members of the GMB Housing Fund operating in the industry, however, such membership shall not be compulsory. (2) Subscriptions to the Housing Fund shall be 2% Employer Contribution and 4% Employee Contribution, or as shall be determined by parties from time to time. (3) The Housing Fund shall be for the purpose of assisting its members to acquire residential stands, and to build such stands. (4) Benefi ting from the Housing Fund by members shall be done through a set criterion as shall be determined by the set committees.

Medical Aid Scheme 22. (1) Employees shall be members of the Medical Aid Scheme operating in the industry. (2) Employees who join this scheme would contribute 20% while the Grain Marketing Board contributes 80% of the subscriptions.

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(3) Medical Aid Benefi t by members shall be administered independently from GMB by the Medical Aid Scheme Administrators, namely AGRIMED.

Travelling and subsistence allowances 23. (1) an employee who is required to work at a place so far from his or her usual place of work as to necessitate his or her sleeping away from home shall be paid, in addition to his or her wage for the time during which he or she is away from home, either— (a) proved expenses for meals and accommodation

reasonably and necessarily incurred by him or she; or (b) in respect of unproved expenses for employees who

travel more than 60 km away from their workstations, the following allowances shall apply—

(i) breakfast $15,00; (ii) lunch $15,00; (iii) supper/dinner $15,00; (iv) accommodation $45,00. (2) Employee who travel away from home station for periods below fi ve hours and are working within 60 km radius will claim $4,00, per meal or may get lunch from depot/station canteens visited. (3) Unproved travelling and subsistence allowance shall not be claimed for more than 14 days of being away from home station.

Subsistence allowances for drivers, fumigation and technical staff 24. (1) Drivers, fumigation and technical staff working away from their depots, shall be entitled to— (i) day subsistence of $12,00, for breakfast, lunch and

for being away from workstation for 12 hours on GMB business during day time;

(ii) night Subsistence of $13,00, for accommodation and supper for 12 hours during the night;

(iii) a total of $4,00, per meal if claimed separately in cases where the employee is away from workstation for a period of less than 12 hours.

Documents

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