The NEC resolved to amend its Principal CBA- S.I 13 of 2006 so as to align it to the operating environment and legislative developments of the last decade or so. The Council also registered its first ever industry employment code of conduct since the deregulation of discipline management to the workplace and industry levels by the government via Statutory Instrument 379 of 1990. The CBA which also incorporates the Code was published in the Government Gazette on the 3rd of July 2020. The following is a summary of the amendments.
Summary of the Amendments to the Principal CBA- SI 13 of 2006:
- Section 2 (d) Application- was inserted for the Brick-making & Clay Products Industry to incorporate: manufacturing of bricks for commercial purposes on a farm, cooperative or any informal group.
- Section 5 – Definition of Terms – The definition of “casual worker” under Section 12 of the Labour Act was adopted -any employee who works for any period less than six weeks in any four consecutive months.
- Section 13 – Hours of work – have been further elaborated to include the daily hours of 8 or 9.6 hours per day other than the weekly 48 hours. The variation in hours is dependent on whether one works for 6 or five days a week. The section gives the parties the liberty to negotiate and agree at the enterprise level, the number of days to be worked per week.
- Section 20 – Short-time working -A section covering conditions for short-time working has been expanded for purposes of elaboration. The Section is a reaffirmation of section 12D of the Labour Act.with some minor allowable variations.
- Section 25 – Incentive Bonus Schemes- The section provides discretion for employers to implement output-related incentive production bonus schemes. It also highlights the illegality of not paying the minimum wage to employees who do not meet targets set in incentive bonus schemes.
NATIONAL EMPLOYMENT COUNCIL FOR THE BRICK-MAKING AND CLAY
- Section 27 – Subsistence Allowance- Was added to ensure payment of traveling and subsistence allowances to employees who are required to work away from their usual place of work.
- Section 28 – Housing and transport allowance- was inserted to give employer the discretion to either provide accommodation or pay transport and housing allowances to employees as negotiated from time to time.
- Section 29-Vacation leave- Vacation leave was increased from 6 days to 15 days for an employee who upon being required to take his vacation leave during an annual shutdown has less than twenty-six weeks of continuous service.
- Section 31 – Maternity leave- Maternity leave provisions have been articulated as provided under Section 18 of the Labour Act.
- Section 37 – Gratuities on termination of employment- Seasonal workers, who have a cumulative service of 5 or more seasons with an employer are now also entitled to a payment gratuity upon the termination of employment. Previously gratuity was only for permanent employees with a continuous service of 5 or more years
- Section 40 – Exemptions- A section providing for exemptions that may be made by the Council was added. Applications for exemptions can be made by employers who for a justifiable reason cannot comply with any condition in the CBA. Council in its own discretion can grant or deny the application for exemption by an employer.
- Section 41 – Penalties- The section makes reference to Section 82(3) of the Labour Act by articulating that it would be an unfair labor practice to fail to comply with a collective bargaining agreement which is binding and the resultant fines and penalties for such breaches.
- Section 42 – Grades -A job grading schedule has been added to include other occupations which were not previously there. The grades are based on a new job evaluation exercise which was conducted by the Council.
Please Note- A summary of the Code of Conduct & Grievance Procedure coming in the next article