Collective Bargaining Agreement: Banking Undertaking (Statutory Instrument 273 of 2000)

Statutory Instrument 273 of 2000

Collective Bargaining Agreement: Banking Undertaking

SIs 273/2001, 166/2001, 304/2001, 368/2001.

IT is hereby notified that the Collective Bargaining Agreement set out in the Schedule, which replaces the agreement published in General Notice 478 of 1987, has been registered in terms of section 79 of the Labour Relations Act [Chapter 28:01].

SCHEDULE

EMPLOYMENT COUNCIL FOR THE BANKING UNDERTAKING

COLLECTIVE BARGAINING AGREEMENT: BANKING UNDERTAKING

INDEX TOAGREEMENT Clause

1. Scope of agreement.
2. Period of operation of agreement.
4. Administration and application of agreement.
5. Registration of employers.
6. Access by union to members.
7. Statement of intent.
8. Contract and notice of work.
9. Hours of work.
10. Payment of overtime.
11. Salaries, wages and grading.
13. Public holidays.
14. Special leave.
15. Vacation leave.
16. Maternity leave.
17. Sickness and incapacity leave.
18. Annual non-pensionable bonus.
19. Uniform and protective clothing.
20. Gratuities on termination of employment.
21. Conversion of rates.
22. Record of service.
23. Code of conduct.
24. Dispute procedure.
25. Employee representation on the council.
26. Workers committees and works councils.
27. Travelling and subsistence.
28. Employment council dues and returns by employer. APPENDIX I: Occupations.

APPENDIX I Salary ranges and wage scales.

APPENDIX III: Gratuities.

APPENDIX IV: Code of conduct.

Made and entered into, in accordance with the provisions of the Labour Relations Act [Chapter 28:01], by and between the Banking Employers’ Association (hereinafter referred to as “the employers” or “the employers’ organisation”), of the one part, and the Zimbabwe Banks and Allied Workers’ Union (hereinafter referred to as “the employees” or “the trade union”), of the other part, being parties to the Employment Council for the Banking Undertaking: to substitute the whole of the provisions of the agreement published in Statutory Instrument 399 of 1984, and further agreements published in Statutory Instrument 235 of 1985 and those registered under Notice 237 of 1986 and General Notice 607 of 1986, Statutory Instrument 111 of 1994 and Statutory Instrument 201 of 1995.

1.     Scope of agreement

In terms of section 82 of the Act the provisions of this agreement are binding upon and shall be observed by all employers and employees in the undertaking who are members of the employers’ organisation or the trade union respectively and to all such other employers and employees in the undertaking to which this agreement relates, within the area of Zimbabwe.

2.     Period of operation of agreement

This agreement shall be deemed to have come into operation on the date of its signing and shall, in terms of section 82(1)(c) of the Act, remain binding until replaced by a substitute agreement or terminated by mutual agreement of the parties thereto or is otherwise nullified, suspended or modified in terms of the Act:

Provided that nothing contained in this collective bargaining agreement shall prevent either or both of the parties from seeking to renegotiate or amend the agreement within a period not exceeding three years in order to take account of changed circumstances in the industry or undertaking concerned.

3.     Definitions

Any expressions used herein which are defined in the Act shall have the same meaning as in the Act, any words importing the masculine gender shall include the feminine gender, any words in the singular shall include the plural sense, further, unless inconsistent with the context— “Act” means the Labour Relations Act;

“accounting cycle” means a four-week cycle determined by the employer;

“banking undertaking” or “undertaking” means, without in any way limiting the ordinary meaning of the expression, the undertaking in which employers and employees are associated together for the purpose of—

• carrying on the business of a registered commercial bank, registered accepting house (merchant bank) or a registered discount house; and
• financial institutions, trusteeship, executorship and insurance broking where such business is carried out by a registered bank itself or by a subsidiary of such bank;

“council” means the Employment Council for the Banking Undertaking;

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

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

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

“employee” means a person engaged in any occupation listed in Appendix I;

“grade C employee” means an employee engaged on elementary junior clerical duties under supervision, such as correspondence, waste, ledger-keeping, machining or writing up statements, listing cheques for clearance, elementary bill work, drafts, transfers, remittances, general ledger and typing and includes trainee tellers;

“grade B employee” means an employee engaged on more senior clerical duties having a supervisory element and requiring a knowledge of banking instruments generally and the elementary laws relating thereto, a knowledge of a bank bookkeeping system and how the work and records of other departments fit into that system; qualified shorthand typist employed as such; tellers performing that function not elsewhere graded;

“grade A employee” means a grade B employee who has shown skill, ability and promise in the duties performed in grade B and has been advanced to grade A on such merits;

“machinist/sorter” means an employee engaged in clearing for ledger operators, waste machine operators, at Central Waste Department, or data capture machinists, and to perform related duties;

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

“month” means a calendar month;

“overtime” means time worked outside the ordinary hours of work of accounting cycle;

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

“wage or salary” means earnings of an employee, but does not include any allowance or any payment of overtime or other like benefits;

“working day” means any day other than a day off, or a public holiday.

4.     Administration and application of agreement

• The council shall be the body responsible for the administration of this agreement and may issue expressions of opinion not inconsistent with its provisions for the guidance of employers and employees.
• The council may appoint a specified person to assist in giving effect to the provisions of this agreement and any employer who is bound by its terms shall permit such person to institute such enquiries and to examine such books and documents as may be necessary for ascertaining whether the provisions of this agreement are being complied with.
• Each provision of this agreement shall create a right or obligation, as the case may be, independently of the existence of other provisions and no employer or employee may waive the right or obligation.
• Should any of the provisions of this agreement be declared ultra vires by any competent court of law, the remaining provisions shall be deemed to be the agreement, and shall remain in force for he unexpired period of this agreement.
• Every employer shall cause a copy of this agreement to be exhibited in a place easily accessible to employees during working hours.

5.     Registration of employers

(1) Every employer—

• upon whom the terms of this agreement are binding shall, within one month of the coming into force of this agreement, notify the secretary of the council of the following particulars— (i) full name;
  • trading name;
  • head office address;
  • branch office address;
  • the activities which he is carrying out in the undertaking;
  • in the case of a corporate body, including a public company, or a partnership, the names and business addresses of the directors, partners and manager or agent;
• who enters the undertaking after the coming into operation of this agreement shall, within one month of commencing business, supply the secretary with the particulars set out in paragraph (a).
• The secretary of the council shall enter the particulars so supplied in terms of subclause (1) in a register kept for that purpose.
• Any alteration of the particulars supplied in terms of subclause (1) shall immediately be notified to the secretary who shall amend the register accordingly.
• Every employer who ceases operation in the undertaking shall notify the secretary of its council accordingly within one month of cessation.

6.     Access by trade union to members

A trade union may have reasonable access to a member at his place of work during working hours for purposes as stated under subsection (2) of section 7 of the Labour Relations Act [Chapter 28:01], provided that—

• such business cannot be adequately conducted outside working hours; and
• the visit will not create any disruption of normal business processes or any interference with the efficient running of the undertaking or constitute a breach of security; and
• that prior to any visit, written application is made to the personnel department and such visit is duly authorised.

7.     Statement of intent

It is agreed that employees already engaged in the undertaking may be afforded the opportunity of advancement to the highest posts in accordance with the requirements of such posts. Towards this end, such employees shall be adequately trained in the training establishments maintained by the employer for this purpose and be encouraged to undertake such training. Further, it is the intention of the parties to this agreement to continue to promote good industrial relations by means of responsible collective bargaining carried out in a reasonable and constructive manner and the establishment of good relations in every establishment based on trust, confidence and humanitarian principles.

8.     Contract and notice

• An employer shall inform every employee upon engagement of his grade, wage or salary rate and hours of work. The employee shall thereupon sign a Declaration of Secrecy in the form required by the employer.
• An employee may, upon engagement, be required to serve a probationary period of six months duration during which time, the contract of employment may be terminated in terms of paragraph (c) of subsection (10) of section 2 of the Labour Relations (General Conditions of Employment) (Termination of Employment) Regulations, 1985, as published in Statutory Instrument 371 of 1985.
• Subject to the provisions of subclauses (2), (4) and (5) the period of notice to terminate a contract of employment shall be one calendar month provided that it shall not be necessary for an employee to give such notice where he is unable to do so because of some emergency or compelling necessity, acceptable to the employer. In other cases an employee may terminate his contract of employment at any time without notice on paying to his employer one day’s pay for every day on which he would have been required to work had he given notice of termination in terms of this subclause.
• An employer may discharge his obligations by paying an employee full wages for and in place of the period of notice required by this clause.
• Nothing contained in this clause shall affect the right of an employer to seek termination of an employee’s contract on the grounds specified in Appendix IV in terms of the current termination of employment regulations.
• Neither an employer nor an employee shall give notice of termination of contract whilst the employee is on vacation leave.
• Subject to the provisions of subclause (4) of clause 15 an employee who has given or received notice to terminate employment shall not be required or permitted to take vacation leave during the currency of such notice period except by mutual agreement in writing.
• Notwithstanding anything contained in this agreement no employer shall give notice of termination of employment except in conformity with the prevailing laws and regulations of the Ministry of Public Service, Labour and Social Welfare.

9.     Hours of work

(1) The ordinary hours of work in any accounting cycle shall not exceed—

• in the case of the employees graded in grades C. B. A. and those occupying designated posts, one hundred and seventy-six hours; and
• in the case of other employees, one hundred and eighty-eight hours:

Provided that the daily hours of all employees shall be determined by the employer according to the needs of the particular establishment; and

• a non-clerical employee shall be given a tea-break of fifteen minutes each morning at a time convenient to the employer.
• An employer shall not require an employee to work hours in excess of those specified in subclause (1) except in cases of necessity, or in cases of emergency; an employee shall not refuse to work overtime except for some compelling reason acceptable to the employer.
• An employee shall receive one day off during each week.

10.  Payment of overtime

• An employer shall pay for each hour of overtime worked in excess of those specified in subclause (1) of clause 9 at the rate of one and one-half times the hourly rate specified in clause 21:

Provided that at the end of the accounting cycle any period in excess of thirty minutes shall be regarded as one hour and any period of less than thirty minutes shall be disregarded.

• Notwithstanding the provisions of subclause (1), the employer shall pay overtime rates at double the employee’s current hourly wage for overtime on a day off.
• Notwithstanding the provisions of subclause (1), the employer shall pay for overtime on an industrial holiday, in addition to the employee’s current hourly wage—
• during the ordinary hours of work for the day of the week on which the industrial holiday falls, at one and one times the employee’s current hourly wage; and
• outside the normal hours of work for the day of the week on which the industrial holiday falls, at double the employee’s current hourly wage.

11.   Salaries, wages and grading

• An employer shall place each employee in a grade appropriate to his occupation and shall pay to such employee wage or salary of at least the amount prescribed in Appendix II applicable to his grade and no employee shall accept a wage or salary of less than that so prescribed.
• Annual increments as prescribed in Appendix I may become due to an employee in each calendar year on a date prescribed by the employer except with the following provisos—
• no increment will be due to an employee who has served for less than four months.
• where an employee receives an unsatisfactory annual appraisal resulting in an efficiency certificate or equivalent being withheld then no annual increment will be due. A review of the employee’s performance will be submitted three months after the prescribed date and where the overall performance reaches satisfactory rating then an annual increase will be granted; any increment so awarded will not be retrospective.
• An employer shall pay wages or salaries in arrears by not later than the end of each month.
• An employee shall be paid for all overtime worked by not later than the normal pay ay following the accounting cycle in which the overtime was earned.
• Subject to the provisions of the Labour Relations Act [Chapter 28:01] or any regulations made in terms of the

Act, whether any person—

• is dismissed from his employment or his employment is otherwise terminated; or
• resigns from his employment; or
• is incapacitated from performing his work; or
• dies; he or his estate, as the case may be, shall be entitled to the wages and benefits due to him up to the time of such dismissal, termination, incapacitation or death, as the case may be, including benefits, with respect to any outstanding vacation and notice period, medical aid, social security and any pension, and the employer concerned shall pay such entitlements to such person or his estate, as the case may be, as soon as reasonably practicable after such event.

(6) Remuneration shall be paid either by crediting the employee’s account or by cheque or in cash and shall be accompanied by a written statement showing— (a) the name of the employee;

• the wage or salary rate;
• the period for which payment is made;
• the amount of overtime due;
• any other amounts due;
• authorised deductions;
• the net amount received by the employee.

12.  Deductions

(1) No deductions or set off of any description shall be made or allowed from any remuneration due to an employee except—

• where an employee is absent from work without the permission of the employer a pro rata amount of wage for the period of his absence;
• by a written authority, signed by the employee, for the monies due to a trade union in the form of a checkoff system;
• any overpayment of remuneration;
• any amount which the employer is compelled by law or legal process to pay on behalf of any employee;
• for cash advanced or money loaned by his employer;
• deductions provided for in this agreement;
• any other deduction for which the employee has tendered to the employer a signed authority.

(2) On termination of employment for any reason whatsoever, any balance owing to an employer in respect of any sum specified in subclause (1) may be deducted from the gross remuneration due to the employee concerned.

13.  Public holidays

• Public holidays shall be those declared to be such in terms of the Public Holidays and Prohibition of Business Act [Chapter 10:21].
• An employee shall be granted leave of absence on a public holiday and shall be paid for every such holiday. Should a public holiday fall within a period of leave taken in terms of clause 15, it shall not be counted as part of that leave.