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COLLECTIVE BARGAINING AGREEMENT

Between

AGRICULTURAL EMPLOYERS' Association

(Hereinafter referred to as the "Association

And

KENYA PLANTATION AND AGRICULTURAL WORKERS' UNION

(Hereinafter referred to as the "Union'

ln the Matters of Wages and Terms

and Conditions of Employment for Employees of the

Flower Grower Members of the Association.

 

 

TABLE OF CONTENT

PREAMBLE, AGENCY FEES, PROBATION.. ........ ........

WORKING HOURS.. .. ................ ............

WEEKLY REST DAYS, OVERTIME . . . . . . . . . . . . . . . . . . . . . . . .

GAZZETTED PUBLIC HOLIDAYS .... . . . . . . . . . . . . . . . . . . . .

ANNUAL LEAVE, COMPASSIONATE LEAVE. SICK LEAVE. ...... ....

MATERNITY LEAVE, LEAVE FOR UNION OFFICIALS.. ............

HOUSING/HOUSING ALLOWANCE.. ............ ........

SAFARI ALLOWANCE, ACTING ALLOWANCE........ ........

DISPUTES AND INDIVIDUAL GRIEVANCES................

WARNING SYSTEM ................ .... ........ ...-

SUSPENSION. TERMINATION AND RESIGNATION OF EMPLOYMENT

SUMMARY DISMISSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . .

UNIFORMS AND PROTECTIVE CLOTHING................

MEDICAL ATTENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEATH OF AN EMPLOYEE, RETIREMENT AGE ................

GRATUITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

REDUNDANCY, ESSENTIAL SERVICES. .. ................

TERM CONTRACT, SEASONAL LABOUR. . . . . . . . . . . . . . . . . . .

CERTIFICATE OF SERVICE.. .. ...... ................

CHANGE OFO WNERSHIP. STATUTORY POLICIES ............

PAYMENT OF WAGES. BASIC MINIMUM AND JOB CLASSIFICATION

GENERAL WAGE INCREASE . . . . . . . . . . . . . . . . . . . . . . . . . .

EFFECTIVE DATE AND DURATION.. . . . . . . . . . . . . . . . . . . . . . .

Appendix 'I' . . . . . . . . . . . . . . . . . . . . . . . . ........

Appendix '11' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appendix 'Ill'.. .. ............................

Appendix '1V.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appendix 'V' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

PREAMBLE:

 

i) WHEREAS by terms of Recognition the Association and the Union agree that the Association has recognized the Union as a properly constituted body and

the sole labour organization representing the interests of the employees within the membership of AEA.

 

 

ii) WHEREAS the Union and the Association members enter into a Collective Bargaining Agreement to cover terms and conditions of service of unionisable

employees of the Flower Grower Members of the Association, as per Appendix (1) of this Agreement. Provided that any Flower Grower Croup member of the Association who is not in Appendix (I) of this agreement shall be free to enter into negotiations with the union on matters of Collective Bargaining Agreement.

 

 

iii) WHEREAS the Association and the Union, meeting together in free heart and voluntary association enter into this common Agreement in the matters of

wages, terms and conditions of service for employees of Flower Grower members of the Association.

 

 

iv) WHEREAS the terms and conditions set out in this Agreement shall be effective to all unionsable employees except those defined as managerial.

 

 

v) NOW THEREFORE, the Association and the Union having successfully concluded negotiations at their joint negotiating meetings agree as stated

hereunder:-

 

 

AGENCY FEES:

Unionsable employees who are not members of the union shall be required to pay agency fees subject to gazettement by the Minister of Labour in accordance with

Section 49 of the Labour Relations Act.

 

 

PROBATION PERIOD FOR PERMANENT EMPLOYMENT:

Probationary period for an employee shall be two (2) calendar months.

 

a) After successful completion of probation. an employee shall be confirmed into permanent employment: unless there is reason to extend the probationary

period, which should be notified to the employee concerned in writing and provided that such extension does not exceed two months.

 

 

b) During probation, either party may terminate employment by giving seven (7) days notice, or seven (7) days pay in lieu of notice.

 

 

c) The Employer shall issue a confirmation letter to an employee after successful completion of probationary period. Provided that, where an employee has

completed the probationary period and is not issued with a letter, the employee will be deemed to have been confirmed.

 

 

3. WORKING HOURS.

a) Working hours for all employees other than those in sub-clause (b) below, shall be forty six (46) hours spread over six (6) days of the week.

 

 

b) Working hours for stockmen, herdsmen and security guards shall be fifty six (56) hours spread over six (6) days of the week.  Any extra hour worked above normal working hours shall be paid as overtime.

 

 

d) An employee who is stopped from working by his/her employer for any reason other than the termination of his/her employment or dismissal shall be deemed to have worked as if stoppage had not occurred and be paid in full notwithstanding the fact that the stoppage was occasioned by a breakdown of the plant or inclement weather conditions and the employer will deploy such employee in other duties.

 

 

e) For notifiedlscheduled interruption of work, the employee shall compensate for the hours interrupted at any time to be agreed upon between the employee and the employer.

 

 

4. WEEKLY REST DAY WITH PAY:

An employee shall be entitled to at least one (1) rest day with full pay within every period of seven days.

 

 

5. OVERTIME:

Overtime shall be paid at the following rates: -

 

 

a) For time worked in excess of the normal working hours at one and a half (1.5) times the normal hourly rates.

 

For time worked on rest days and gazetted public holidays at twice (2) the normal hourly rate.

 

Overtime shall be at the discretion of management and every employee shall be required to work overtime when called upon to do so.

Overtime worked shall be paid in cash through payroll, but on mutual agreement may be granted equivalent time-off.

 

 

6. CAZFlTED PUBLIC HOLIDAYS:

a) An employee shall be granted gazetted public holidays with full pay.

If such holiday(s) falls within leave period/rest day, the employee shall be granted the holiday(s)/rest day in addition to his/her paid Leave.

 

 

7. ANNUAL LEAVE:

a) After completion of twelve months continuous service, an employee shall be entitled to annual leave as under: -

 

 

Upto five years service - 24 working days leave.

Over five years service - 26 days.

Application for leave must be filled one month in advance.

 

 

b) Where employment i s terminated during leave earning period, pro-rata leave shall be given with full pay for each completed month of service.

 

 

c) Where an employee i s required to work at the request of the Employer instead of taking his/her annual leave, such employee shall be paid in cash for his/her

leave days.

 

 

d) A permanent employee shall be entitled to two thousand three hundred shillings (2,300/=) as leave travelling allowance once a year.

 

 

e) Travelling allowance will not be paid to an employee who opts to encash his leave.

 

 

8. COMPASSIONATE LEAVE:

a) An employee may at the discretion of the employer be granted compassionate leave.

 

 

b) Compassionate leave should not be unreasonably refused and may, by prior arrangement by the employee with the employer be treated as paid leave and . . . .

subsequently set-off against the employee's annual leave.

 

 

c) When proceeding on compassionate leave, the employer may on request by the employee, advance him/her accrued pay for the period worked less deduction. Such application to be done at least 3 days prior to the commencement of the leave.

 

 

9. SICK LEAVE:

a) An employee shall be granted fifty (50) days sick leave with full pay, followed by fifty-two (52) days at half pay in any twelve (12) consecutive months of

employment.

 

 

b) An employee shall not be entitled to such payments unless he produces to the employer a certificate of incapability certified by a qualified medical

practitioner and company medical practitioner to verify the authenticity of such a document covering the period of sick leave claimed.

 

 

c) An employee who has exhausted sick leave and who in the opinion of a medical practitioner is considered to be unproductive through reasons of ill health, shall be retired on medical grounds by the employer and the union agrees that such retirement shall not be subject of a dispute.

 

 

10. MATERNITY LEAVE:

a) A female employee shall be entitled to three (3) months maternity leave, provided that she shall not forfeit her annual leave for that year.

 

 

b) A female employee proceeding on maternity leave shall be entitled to leave traveling allowance as per clause 7 (d) of this agreement.

 

 

c) Nursing mothers shall be granted up to one (1) hour company time per day to breastfed their children those children are less than seven (7) months old.

 

 

d) Expectant and nursing mothers will not be deployed to work in areas which in the opinion of the Company's Medical Officer could endanger the life or health of the mother and child.

 

 

e) Paternity leave shall be granted in accordance with Section 29 (8) of the Employment Act 2007.

 

 

11. LEAVE FOR UNION OFFICIALS AND REPRESENTATION:

a) The Employer shall grant shop stewards time off with full pay of up to 2 days to attend official Union duties, provided prior permission is sought and granted by the Employer. The employer shall not bear the responsibility for transport and subsistence allowance.

 

 

b) Four (4) employees may be granted up to 15 days special leave per year with pay to attend to properly organized courses and seminars considered to be beneficial to the employee, the Union and the Employer.

 

 

c) Employers shall grant union officials paid leave to attend to disputes affecting the Employer and Employees.

 

 

d) A11 flower members of AEA who are a party to this agreement with union representation shall only recognize elected shop stewards as the sole representatives of unionisable employees on matters of terms and conditions of employment.

 

 

12. HOUSING/HOUSING ALLOWANCE:

a) An employee who is not provided with free housing by the Employer shall beentitled to a house allowance as per (Appendix "11").

 

 

b) If an employee is provided with reasonable housing accommodation and refuses to take such accommodation for personal reasons, such employee shall not be entitled to house allowance.

 

 

c)If an employee's services are terminated for reasons other than gross misconduct, he/she shall he given one-month notice to vacate such company house. An employee who is summarily dismissed shall vacate immediately. or at the employer's discretion Provided no house allowance shall be paid in lieu where no company how had been provided.

 

 

13. SAFARI ALLOWANCE:

An employee travelling on duty away from normal place of work shall be provided with allowances as follow-: -

 

 

Breakfast KShs. 172.50

Lunch KShs. 322.00

Dinner KShs. 333.50

Accommodation:

Nairobi/Mombasa KShs.1,495.00

Ocher tows KShs.1,035.00

 

 

14, ACTING ALLOWANCE:

a) After ten ('10) days acting in a higher category/grade than his/her own, an employee shall be entitled to acting allowance.

 

 

b) Acting allowance shall be the difference between an employee's basic wages and the basic wages of the grade being relieved.

 

 

c) An employee required to act in a higher position shall be issued with an appointment letter prior to acting in the said higher position.

 

 

d) An employee acting on a vacant position of higher category/grade than his/her own, shall after two (2) months be confirmed in writing to that position.

 

 

15, DISPUTE AND INDIVIDUAL GRIEVANCES:

a) An employee wishing to put Forward grievances in which she/he is directly and personally concerned shall in the first instance follow the company grievance handling procedure; as per parties' Recognition Agreement which shall be made available.

 

 

b) In the event of such grievance not being settled, the Union shall have the right to pursue the dispute in accordance with the parties' Recognition Agreement.

 

 

16. WARNING SYSTEM:

An employee who commits misconduct other than gross misconduct shall be given warning in the following manner: -

 

 

a) The first and second warnings shall be recorded in the employee's file, The third warning shall be copied to the Branch secretary of the union.

 

 

b) If an employee with three warnings in his/her file commits misconduct within 12 months from the date of the first warning, he/she shall be liable to termination of employment.

If an employee with a warning in his/her file does not commit misconduct within 12 months from the date of the last warning, such warnings shall become invalid.

 

 

d) If an employee refuses to accept a warning letter, the shopsteward will be called to witness. If the employee still refuses to accept in the presence of the shopsteward, this shall be treated as a serious offence and he/she shall be liable to disciplinary action in accordance with clause 19 of this agreement.

 

 

e) An employee served with a warning shall have right of appeal to the Employer within five (5) days from the receipt of the warning and the employer will address the appeal within 5 days as well.

 

 

17. SUSPENSION:

An employee suspected by the employer of having committed an offence shall be suspended from duty for not more than one month and shall receive half-pay while his/her case is under investigations.

 

 

a) If found innocent, the employee shall be paid the remaining half salary and be reinstated without loss of service or benefits.

 

 

b) If found guilty, appropriate action shall be taken as provided for in clause 18 or 19 of this agreement.

 

 

18. TERMINATION AND RESIGNATION OF EMPLOYMENT:

a) After completion of probationary period and up to five (5) years continuous service with an employer, either party shall give in writing 30 days' notice or pay in lieu.

 

 

b) After completion of between five (5) to ten (10) years continuous service, either party shall give in writing 45 days' notice or 45 days' pay in lieu.

 

 

c) After completion of ten (10) years and above, either party shall give in writing 60 days' notice or pay in lieu.

 

 

19. SUMMARY DISMISSAL:

a) The Employer reserves the right to summarily dismiss an employee for gross misconduct as per Employment Act 2007.

 

 

b) The provisions of section 41 of Employment Ad 2007 shall apply.

 

 

c) All benefits shall be paid as per Employment Act 2007.

 

 

20. UNIFORMS AND PROTECTIVE CLOTHING:

a) Protective clothing shall be provided in accordance with the Occupational Health and Safety Act.

 

 

b) The employee must make sure that such protective clothing is kept clean and in good order. The employer will provide storage facilities.

 

 

c) Serviceable protective clothing shall be issued to employees so entitled to and any unserviceable protective clothing shall be returned before a new issue is made. An employer shall provide 2 dustcoats/overalls to an employee at any one time. (Appendix VI as per attached schedule).

 

 

d) An employee who is provided with protective clothing and who fails to use them as specified will be liable to disciplinary action.

 

 

e) For employees working using chemicals, washing should be done at the place of work.

 

 

f) An employee shall either be issued with one standard bar of soap for washing the protective clothing/uniform within the farm once a month or clothes will be laundered by employer.

 

 

21. MEDICAL ATTENTION:

Medical attention shall be provided in accordance with section 34 of the Employment Act 2007, read together with the Medical Treatment Rules, Legal Notice No.157/1977). (Appendix 'Ill')

 

The company registered medical practitioner shall be free to refer the employee to a Government Referral Hospital. health center and or government clinics as per the Employment Act (Medical Treatment Rules) Laws of Kenya.

 

 

22. DEATH OF AN EMPLOYEE:

In the event of death of an employee the Employer shall assist the family of the deceased with twenty four thousand shillings (24,000/=) towards funeral expenses, inclusive of transport and coffin.

 

 

23. RETIREMENT AGE:

Retirement due to old age shall be 55 years for all employees. However an employee may opt to retire at 50 years as stipulated under the National Social Security Act. Where no pension scheme is in force, the employee will be paid gratuity under clause 24 below.

 

 

24. GRATUITY:

a. An employee, whose services are terminated, is retired or resigns after five (5) years' continuous service with the Employer. shall be entitled to gratuity at the rate of twenty-two (22) days basic pay for each completed year of service.

Flower Growers Group members currently operating a pension/provident funds shall be given a grace period of up to 31" July 2009

to wind up the schemes. Gratuity entitlements for employers currently operating provident/pension schemes for their employees shall be effective from 1" August 2009 or at a time of winding up the provident/pension fund scheme, whichever is earlier. The period in which pension/provident fund contribution has been paid by the employer shall not be considered for gratuity payments.

 

 

b. No gratuity shall be paid in case the employee i s summarily dismissed from employment.

 

 

25. REDUNDANCY:

It shall be a condition in every contract that where the employment is terminated on account of redundancy, the following principles shall appiy:-

 

 

a) The Union and Labour Officer of the area shall be notified of the reasons for and the extent of the intended redundancy one month prior to the date of the intended redundancy.

 

b) The employer shall have due regard to the seniority in time and skill, ability and reliability of each employee belonging to  the particular category of employees affected by the redundancy.

 

c) The redundant employee shall be entitled to notice as set out in clause 18 of this agreement.

 

d) An employee declared redundant shall be entitled to twenty one (21) days' pay for each completed year of service.

 

e) An employee who i s housed by the Employer and is declared redundant shall be allowed to stay on the farm up to a maximum period of three months from the date of notice and in the case of transfer of ownership of the farm, the grace period of three months shall not apply but instead the employee shall. if so required. vacate the farm within a period of thirty days  from the date of notice. Provided no house allowance shall be paid in-lieu where no house was provided.

 

f) Notwithstanding anything contained in subparagraph (e), payment of benefits under this sub-paragraph shall only be made upon clearance.

 

g) An employee who i s paid redundancy benefits under thls clause shall not qualify for payment of gratuity under clause 24 above.

 

26. ESSENTIAL SERVICES:

The following categories of operations shall be regarded as essential services. No employee under these categories shall be involved in any strike actions or the downing of tools;

  • ?Radio operators:

 

 

  • ?Security guards;
  • ?Medical Attendants;
  • ?Irrigation Operators:
  • ?Pesticide Applicators:

 

27. TERM CONTRACT:

This shall be as per the Employment Act 2007

 

 

28. SEASONAL LABOUR:

a) Seasonal employees may be employed from time to time to cover planting and harvesting seasons or other activities related to high volume of production and processing of flowers.

 

 

b) Seasonal workers may be employed for a minimum period of three (3) months and a maximum period of six (6) months.

 

 

c) Seasonal workers shall be entitled to special terms of contract as follows:

 

 

i) They will be paid at the end of each month and upon request, advance pay will be given once a month:

 

ii) They shall be entitled to one months' notice or one month's pay in lieu of notice when their services are terminated before the expiry of the contract.

 

iii) They shall be entitled to pro-rata leave of 2 days for each completed month of service.

 

iv] A seasonal employee shall be granted maternity leave of three months or up to the expiry of her contract whichever i s earlier.

 

 

d) The Employer shall give first priority to seasonal workers when employing permanent employees. Provided such seasonal worker meets all requirements for the vacant post and has a clean record.

 

 

e) Where a seasonal employee i s required to work beyond the maximum period of six (6) months, such an employee shall be deemed to have been engaged as a permanent employee and her/his services as a seasonal worker shall be taken into consideration for purposes of calculating any long term benefit.

 

 

29. CERTIFICATE OF SERVICE:

A certificate of service shall be issued to an employee leaving company service on account of resignation. termination, dismissal and or retirement in accordance with the Employment Act 2007.

 

 

30. CHANGE OF OWNERSHIP

In the event of sale of a company, the union on behalf of the employees shall be informed two (2) months in writing and a meeting shall be convened to discuss the fate of employees before the change of ownership.

 

 

31. STATUTORY POLICIES.

Every employer shall, in accordance with the Employment Act 2007 and after consultation with the workers representatives issue policy statements covering: -

 

 

  • ?HIV/AIDs
  • ?Sexual Harassment
  • ?Employment Policy
  • ?

 

32. TRANSPORT:

It was recognized that most companies are providing transport to its employees at agreed stop-off points. It was thus agreed that the companies shall continue with this service and those that do not provide transport shall work towards providing the same to their employees within the life of the current CBA.

 

 

33. PAYMENT OF WAGES:

Wages shall be paid at the end of each month. Provided that a mid-month advance may be given on request.

 

 

34. BASIC MINIMUM WAGE AND JOB CLASIFICATION:

Parties agreed that Job categories are retained as they appear. See (App. 'IV') for details.

 

 

35. GENERAL WAGE INCREASE:

All employees who were in employment as at 31st July 2071 will receive a general wage increase as shown in (App.V).

 

 

36. EFFECTIVE DATE AND DURATION:

This agreement shall be in force with effect from I* August. 2011 and remain in force for two (2) years. Thereafter it shall continue in force until amended by both parties.

Either party desiring to amend this Agreement shall give the other three month's notice of intended amendment.

 

 

Appendix 'I"

 

List of Flower Grower Members of AEA who are Members of this CBA.

No

Company

Address

Signatory

1

Africallaly Ltd

 

Box 709 Village Mrkt Nrb

Ms. Colete Groenewegen

2

Agriflora Kenya Ltd

 

Box15139 Nairobi

Mr. Jos Van Der Venne

3

Batian Flowers Ltd

 

Box 206 Timau

Ms. Alice Gathuku

4

Beauty Line Ltd

 

Box 2052 Naivasha - 20117

Mr. Julius Kinoti

5

Bigot Flower Ltd

 

Box 2039 Naivasha ? 20117

Mr. Dharam Sharma

6

Bilashaka flowers Ltd

 

Box 2040 Naivasha ? 20117

Mr. Cornelius Martinus

7

Black Petals Ltd

 

Box 508 ? 00219 Karuri

Mr. Maina

8

Blooming Oasis Ltd

 

Box 1739 Naivasha ? 20117

Mr.Toms

9

Carzan Flowers Ltd

 

Box1801 Naivasha

Mr. Zaine Manji

10

Charm Flowers Ltd

 

Box 51398 Nairobi ? 00200

Mr. Ashok Patel

11

De Ruiters (EA) Ltd

 

Box 209 Naivasha ? 200117

Mr.Sebastian Alix

12

Equator Flowers (K) Ltd

 

Box 7610 Eldoret

Mr. Jos Van Der Venne

13

Fairy Flowers Ltd

 

Box 63276 ? 0019

Mr. Sjaak Nannes

14

Florema (K) Ltd

 

Box 124 Naivasha ? 20117

Mr. Ron Baars

15

Hamer (K) Ltd

 

Box 1896 Naivasha ? 20117

Mr. Eddy Verbeek

16

Harvest Ltd

 

Box 60158 Nairobi ? 00200

Mr. Farai Madziwa

17

Highland Plants Ltd

 

Box 230 Ol Kalou

Mr. Henry Flaton

18

Karen Roses Ltd

 

Box 68010 Nairobi

Mr. Caleb Kiptoo

19

Karuturi Ltd

 

Box 729 Naivasha ? 20117

Mr. Karuturi

20

Kenya Highlands Nurseries

 

Box 3474 Nakauru

Mr. J M Gathuo

21

KPP Plant Production

 

Box 64132 Nairobi

Mr. Aart DeLeeuw

22

Lamorna Ltd

 

Box 1913 Naivasha ? 20117

Mr. Mureithi

23

Lathyflora (K) Ltd

 

Box 63276 Muthaiga Nrb

Mr. J A M Nannes

24

Laurel Investment Ltd

 

Box 45 Ol Kalou

Mr. Kumar

25

Lemotit Flowers Ltd

 

Box 2187 Kericho

Mr. Marcus Keana

26

Liki River farm Ltd

 

Box 32931 Nairobi

Mr. Jos Van Der Venne

27

Longonot Horticulture

Box 1271 Naivasha ? 20117

Ms. Winny Soy

28

Maasai Flowers Ltd

 

Box 15139 Nairobi

Mr. Jos Van Der Venne

29

Magana Flowers Ltd

 

Box 14618 Nairobi 00800

Ms.Joy Kiri

30

Maji Mazuri Flowers Ltd

 

Box 15139 Nairobi ? 20117

Mr. Jos Van Der Venne

31

Maridadi Flowers Ltd

 

Box 1800 Naivasha ? 20117

Mr. Jack Kneppers

32

Molly Flowers Ltd

 

Box 552 Village Mkt Nbi

Mr. Warmolt Tonckens

33

Mt Elgon Orchads Ltd

 

Box 124 Kitale ? 30200

Mrs Bea Anderson

34

Nini Ltd

 

Box 569 Naivasha

Mr. Trundell

35

Ol Njorowa Ltd

 

Box 879 Naivasha ? 20117

Mr. David Mousley

36

Olij Rozen Ltd

 

Box 479 Naivasha ? 20117

Mr. Joseph Mwonga

37

P J Dave Flowers Ltd

 

Box 18436 Nairobi ? 00500

Mr. Zack Kiarii

38

Panocal International Ltd

 

Box 982 Kitale ? 30200

Mr. Leonard Makokha

39

Penta Flowers Ltd

 

Box 40452 Nairobi

Mr. Bryan Gatungu

40

Plantation Plants Ltd

 

Box 1909 Naivasha

Ms. Valeria Ventimiglia

41

Pollen Ltd

 

Box 1037 Ruiru ? 00232

Mr. John Gent

42

Primarosa Flowers Ltd

 

Box 504 Athi River

Mr. Atul Parekh

43

Red Land Roses Ltd

 

Box 10 Ruiru ? 00232

Mrs. Isabella Spindler

44

Roseto Ltd

 

Box 3206 Nakuru

Mr.Ashok Shah

45

Simbi Roses

 

Box 769 Thika

Mr. Kiratu

46

Sirgoek Flowers Ltd

 

Box 5118 Eldoret

Mr. Andrew Keitanny

47

Star Flowers Ltd

 

Box 1401 Naivasha ? 20117

Mr. Joseph Dame

48

Subati Flowers

 

Ltd Box25030 Nairobi

Mr. Naren Patel

49

Sygenta Kenya Cuttings

 

Box 27774 Nairobi 00506

Mr. Paul Kibiro

50

Tambuzi Ltd

 

Box 1148 Nanyuki ? 10400

Mr. Tim Hobbs

51

Terrasol (K) Ltd

 

Box 63276 Nairobi

Mr. J A M Nannes

52

Tropiflora Ltd

 

Box 622 Village Mkt Nbi

Mr. N R R Krasensky

53

Tulaga Flowers Ltd

 

Box 1711 Naivasha ? 20117

Mr. Dennis Wedd

54

Valentine Growers Ltd

 

Box 1846 Kiambu

Mr. Suzzane Maina

55

Van Den Berg (K) Ltd

 

Box 1129 Naivasha ? 20117

Mr. Johan Remees

56

Waridi Ltd

 

Box 19294 Nairobi

Mr.P D Kadlag

57

Wildfire Ltd

 

Box 379 Naivasha 20117

Mr. Peter Pzapary

58

Winchester Farm Ltd

 

Box 15139 Nairobi

Mr. Jos Van Der Venne

59

Zena Roses Ltd

 

Box 2759 Thika

Mr. R Mohan Choudhery

 

 

Appendix?II?

 

House Allowance:

cities

municipalities

Other areas

2,000/=

1,800/=

1,500/=

 

Appendix 'Ill'

 

 

THE EMPLOYMENT (MEDICAL TREATMENT) RULES

L.N.15711977

 

1. These Rules may be cited as the Employment (Medical Treatment) Rules.

 

 

2.         (1) In these Rules, unless the context otherwise requires, "medical treatment" meant treatment by a registered or licensed medical practitioner, treatment at a hospital, clinic, health centre, medical aid centre or in cases of minor illness or injury treatment by any other skilled or semi-skilled person, an in each case includes the provision of drugs, dressings and medical supplier as

may be necessary.

 

(2) The medical treatment shall be provided at the expense of the employer, unless: -

 

(a) The illness or injury was contracted during any period when the employee was absent from his employment without IawfuI cause or excuse; or 1

 

(b) The illness or injury is proved to have been self inflicted.

 

 

 

(3) An employer shall take reasonable steps to ensure that every case d illness or injury of any employee occurring on his property is brought to his notice, by displaying on a notice board the necessity to report such illness or injury.

(4) (1) Where there is reasonable cause to believe that any employee is suffering from illness or injury, whether contracted as a resurt of the employee's work or not, every employer shall, with the consent of the employee, cause to be provided to such  mployee medical treatment. (2) The treatment provided under sub-paragraph (1) shall be at the cost of the employer unless provided free by the Government.

 

(5) Every employer shall always have readily available at the place of work a sufficient quantity of aspirin, quinine, or some or recognized medicine for the treatment of malaria, Epsom salt and a solution of: a recognized antiseptic.

 

 

(6) Every employer shall keep, or cause to be kept readily available at all times at the place of work, at least one first aid kit.

 

 

(7) Every employer who employs not less than one hundred employees in any one place shall, where no public hospital or dispensary facilities are readily available near the place of employment. appoint a medical dresser or nurse, or other suitable

person to supervise the treatment and care of the sick.

 

 

(8) (a) where it is likely to be necessary for an employee to go to a hospital for medical treatment and some form of transport is necessary; his employer shall provide such transport as is reasonable.

 

 

(b) on the discharge of the employee from hospital, if the medical officer is of the opinion that some form of transport is necessary to take the employee back to his place of employment, the medical officer shall inform the employer to make arrangement for the transport, and if the employer cannot be contracted the medical officer may himself make such arrangement for transportation of the employee at the expense of the employer.

 

 

(9) An employer who fails to comply with any of the provisions of these Rules shall be guilty of an offence and shall be liable to a fine not exceeding two thousand shillings.

 

 

Appendix 'IV'

 

 

Basic Minimum Wages and Job Classification:

No

Job Category

Minimum Wages

1

General Worker

4,050.00

2

Semi- skilled worker (Picker,Grader, Irrigator, Pesticide applicator)

Security, House Servant

4,600.00

3

Tractor Driver

5,300.00

4

Clerks, Small Truck Drivers

6,300.00

5

Large Truck Drivers

6,500.00

 

 

Appendix 'V'

 

GENERAL WAGE INCREASE

 

 

1st Year

2nd Year

Total

Shs 4,050- 4,600

12.5%

12.5%

25%

Shs 4,601 ? 5,300

12%

12%

24%

Shs 5,301 ? 6,300

11.5%

11.5%

23%

Shs 6,301 ? 6,500

11%

11%

22%

6,501 and above

11%

11%

22%

 

 

 

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