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Collective Bargaining Agreement: National Employment Council for the Insurance Industry of Zimbabwe (Statutory Instrument 177 of 2007)

 

Statutory Instrument 177 of 2007

Collective Bargaining Agreement: National Employment Council for the Insurance Industry of Zimbabwe

IT is hereby notified that the Collective Bargaining Agreement set out in the Schedule has been registered in terms of section 79 of the Labour Act [Chapter 28:01].

NATIONAL EMPLOYMENT COUNCIL FOR THE INSURANCE INDUSTRY OF ZIMBABWE

COLLECTIVE BARGAINING AGREEMENT: INSURANCE INDUSTRY

Made and entered into in accordance with the provisions of the Labour Act [Chapter 28:01] between the Insurance Industry Employers Association of Zimbabwe (hereinafter referred to as the employers or the employers organization) of the one part and the Insurance Employees’ Union of Zimbabwe (hereinafter referred to as the employees or the trade union) of the other part being parties to the National Employment Council for the Insurance Industry of Zimbabwe empowered to negotiate and agree to conditions of service in the Insurance Industry of Zimbabwe.

ARRANGEMENT OF SECTIONS

Section

  1. Title and period of operation.
  2. Grading and wages.
  3. Ordinary hours of work.
  4. Conversion of rates.
  5. Payment of overtime
  6. Deductions
  7. Payment of wages.
  8. Piece-work, task-work and work on a ticket system.
  9. Time and wage records.
  10. Special provisions: Commission workers.
  11. Cooked meals.
  12. Outside work.
  13. Subsistence, accommodation and travel allowances.
  14. Vacation leave.
  15. Vacation leave: Special provisions: Part-time employees.
  16. Industrial holidays.
  17. Contract and notice.
  18. Continuous service.
  19. Record of service.
  20. First-aid equipment
  21. Long service awards.
  22. Medical Aid Scheme.
  23. Funeral policy.
  24. Annual non-pensionable bonus.
  25. Registration and Council dues.
  26. Union dues.
  27. Copy of agreement and notice.
  28. Gratuities on termination of employment.

First Schedule: Grading and Wages.

Second Schedule: Form of Notice.

Third Schedule: Gratuities.

     1.    Title and period of operation

  • This Agreement maybe cited as the Collective Bargaining Agreement: National Employment Council for the Insurance Industry of Zimbabwe.
  • This Agreement shall operate from the first day of the month following its registration until further notice.

   2.   Application

This Agreement shall apply to—

  • all employers in the Insurance Industry; and
  • all employees in the Insurance Industry whose occupations are listed in the First Schedule—Grading and Wages.

No employer or employee may waive any provision of this Agreement whether or not the said provision creates a benefit to or an obligation on 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. In the event of any provision of this Agreement being inoperative or ultra vires the powers of the parties or the Act or regulations made thereunder either before or after registration of this Agreement under the provisions of the Act this shall in no way affect the remainder of the Agreement which shall in that event constitute the Agreement.

Any expressions used herein which are defined in the Act shall have the same meaning as in the Act, any words imparting the masculine gender shall include the feminine gender and words in the singular shall include the plural sense, further unless inconsistent with the context.

Where this agreement is silent on any conditions of service referred to in the Labour Act, the provisions of that Act shall apply as if they were incorporated in this Agreement.

                                                                                                3.   Interpretation

  • Any expression used herein, shall have the same meaning as defined in the Labour Relations Act [Chapter 28:01].
  • Unless inconsistent with the context—

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

“alternate” means a person appointed by either party to act on behalf of a representative of that party in absence of such representative;

“calendar month” means the period commencing on the first day of the month and ending on the last day of that month;

“casual worker” means a worker who is engaged for a period of not more than six weeks in any three successive calendar months;

“commission worker” means a person who is paid a basic salary in accordance with his contract of employment and may be paid such commission and on such basis as may be agreed with his employer in writing;

“Council” means the National Employment Council for the Insurance Industry of Zimbabwe;

“continuous service” means the total period of unbroken service of an employee with one employer and shall be deemed to have been broken only by death, resignation, retirement or the employee concerned having been legally dismissed;

“contract worker” means an employee who is engaged for a specific period, tasks or project and whose employment

shall be for a period in excess of six weeks;

“council” means the National Employment Council for the Insurance Industry of Zimbabwe;

“day off” means Saturday and Sunday or gazetted public holidays or that day in the week on which an employee is not required to work;

“designated post,” means those posts of a supervisory nature designated as such;

“emergency work” means work, which must be performed immediately in order to prevent harm to any plant or employees, or plant or employees of a customer or to near-by persons or properties;

“employee” means an employee as defined in the Act who is employed by or working for any employer in the Insurance Industry in Zimbabwe who receives or is entitled to receive any remuneration in respect of such employment or works;

“employer” means an employer as defined in the Act, who is engaged in or provides employment for persons in the Insurance Industry in Zimbabwe;

“employers’ association” means the Insurance Industry Employers Association of Zimbabwe or any other party registered to represent employers in the Insurance Industry who is a member of Council;

“establishment” means any place in which business under the Insurance Industry is carried out;

“General Secretary” means the Secretary of the Council;

“grade” means a grade as listed in the First Schedule;

“industry” means the Insurance Industry;

“industrial holiday” means any day prescribed as a paid holiday in terms of Section 18;

“insurance industry” means all Employers and Employees involved in Reinsurance, Assurance, Insurance, Assurance/Insurance Broking Companies and their Insurance processing subsidiaries including Insurance Loss adjustors and Insurance Claim Assessors;

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

“morning off” means paid time before 2 pm.;

“month” means a calendar month;

“ordinary hours” means the hours of work agreed in the contract of service of an employee;

“overtime” means any time worked outside ordinary working hours;

“party or parties” means the Insurance Employees’ Union of Zimbabwe and the Insurance Employers Association of Zimbabwe and any other entity registered to represent employers or employees in the insurance industry who is a member of the Council;

“public-holiday” means all holidays declared as such in terms of the Public Holidays and Prohibition of Business Act [Chapter 10:21] as amended;

“registrar” means the Registrar of Labour Relations;

“representative” means a person appointed by either party to represent the party on the Council or any of its committees;

“trade union” means the Insurance Employees Union of Zimbabwe and any other party registered to represent Employees in the insurance industry who is member of Council;

“wage or salary” means the earnings of an employee that does not include a travelling or subsistence allowance or any payment in respect of overtime, or any bonus or other like benefit; “working day” means any day other than a day off or a public holiday.

                                                                                             4.   Grading and wages

  • An employer shall place each employee in a grade appropriate to his occupation, and shall pay a wage to such employee of at least the minimum amount prescribed in the First Schedule for the occupation of the employee, and no employee shall accept a wage amounting to less than that amount.
  • A part-time employee shall be paid, for each hour worked, not less than:
  • one hundred and seventy-second of the minimum monthly wage; or
  • one fortieth of the minimum weekly wage; prescribed in the First Schedule for his occupation.
  • An employee who, at the date of commencement of this agreement, is in receipt of a higher wage for his particular occupation than the wage prescribed in terms of this section shall not, by reason of this agreement, suffer any reduction in his wage.
  • On promotion to a higher grade, an employee shall be paid— (a) not less than the wage which he last received prior to his promotion; or

(b) at least the minimum wage prescribed for such higher grade; whichever is the greater.

  • An employee who is required to perform work in a lower grade than that in which he is normally employed shall be paid the wage applicable to the grade or work which he normally performs.
  • An employee who is appointed, in writing, to carry out the full responsibilities of a job in a higher grade than that in which he is normally employed for a period of at least one full working day, shall be paid the minimum wage applicable to such higher grade for each day spent working in that higher grade.
  • An employee who is required and permitted to perform work in occupations listed in more than one grade shall be paid the minimum wage prescribed for the highest grade in which such employee is required and permitted to work.
  • An employer shall not reduce the wage of an employee for any time not worked if the employee was able and willing to work and was present at his place of work but the employer was unable, or unwilling, to furnish him with work.
  • Where an operation performed by an employee is not specified in the First Schedule— (a) the employer shall provisionally place the employee in a grade; and
  • the employer or employee shall notify the secretary to the Council; and
  • the secretary, after consultation with the employers’ organization and the trade union, shall determine an interim classification of the operation, which shall be subject to ratification by the Council at its next meeting:

Provided that, if the interim classification by the secretary or the final classification by the Council, places the employee in a grade—

  • higher than the employee’s current grade, he shall be paid not less than the minimum wage, prescribed for such higher grade, with effect from the date on which the classification is determined;
  • lower than the employee’s current grade, it shall be lawful to reduce his wage to not less than the minimum wage, prescribed for such lower grade,

with effect from the date on which such classification is determined unless the employee refuses to accept the lower grade in which event—

  1. He may be given relevant notice of termination of employment; and
  2. During the period of such notice, he shall be paid the wage, which he was receiving prior to such determination.

                                                                                         5.   Ordinary hours of work

  • The ordinary hours of work shall not exceed eight hours per day.
  • Every employee shall be given a lunch break everyday of at least 1 hour and 15 minutes in duration
  • No employer shall permit an employee to work for more than 40 hours in any one week, without paying the overtime rates set out in section 7.

                                                                                            6.   Conversion of rates

For the purpose of converting a weekly, fortnightly or monthly wage to—

  • the weekly equivalent of a monthly wage, the monthly wage shall be divided by four and one-third; or
  • the fortnightly equivalent of a weekly wage, the weekly wage shall be multiplied by two; or
  • the hourly equivalent of a weekly wage, the weekly wage shall be divided by the number of hours ordinarily worked in a week; or
  • the daily equivalent of a weekly wage, the weekly wage shall be divided by five; or (e) the daily equivalent of a monthly wage, the monthly wage shall be divided by twenty-two.

                                                                                            7.   Payment of overtime

  • An employer may request, but shall not require, an employee to work overtime, and shall, whenever possible, give twenty-four hours notice to such employee of such request;

Provided that an employee needed to render emergency work or stocktaking shall not decline such request without a reasonable excuse.

  • An employee shall—
  • be paid in terms of subsection (3) for all hours worked on overtime; or
  • by mutual agreement, be allowed time off by the employer during normal working hours, equivalent to—
    • one and a half times the amount of time worked in excess of the normal working hours on a working day of the week; or
    • double the time worked where the time worked was on a day the employee would normally be off.

(3) Subject to the provisions of section 6, where an employee is entitled to be paid for overtime, he shall be paid in respect of each hour worked—

  • in excess of normal working hours on a working day of the week, at one and a half times his current hourly wage; or
  • on a day off or holiday, at double his current hourly wage.

(4) For the purpose of calculating payments in terms of subsection (3), any period of a quarter of an hour but less than half an hour shall be counted as half an hour, and any period more than half an hour shall be regarded as an hour, but any period less than a quarter of an hour shall be disregarded.

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