tanga urban water supply and sewerage authority

TANGA URBAN WATER SUPPLY
AND SEWERAGE AUTHORITY
STAFF REGULATIONS
Definitions of Terms
A.
TITLE
:
These Regulations shall be known as Staff
Regulations for the Tanga Urban Water
Supply and Sewerage Authority
B.
APPLICATION
:
The Regulations shall apply to all
employees of the Tanga Urban Water
Supply and Sewerage authority except
where their terms of employment have
been varied by individual contracts.
C.
INTERPRETATIONS
In these Regulations unless the contests
otherwise required:
●
Authority
:
Means Tanga Urban Water Supply and
Sewerage Authority.
●
Board
:
Means the Board of Directors of the Tanga
Urban Water Supply and Sewerage
Authority
●
Chairman
:
Means the Chairman of the Board of
Directors of the Tanga Urban Water Supply
and Sewerage Authority
●
Managing Director
:
Means the Chief Executive of the Authority
●
Medical Officer
:
Means a medical practitioner duly
registered according to the written laws of
Tanzania and approved by the Authority.
●
Employer
:
Means the Tanga Urban Water Supply and
Sewerage Authority
●
Employee
:
Means any person employed by the Tanga
Urban Water Supply and Sewerage
Authority.
●
Employee
:
Means any person employed by the
Tanga Urban Water Supply and Sewerage
Authority.
●
Husband
:
Means one man to whom one woman is
married legally.
●
Wife
:
Means one wife of an employee not
withstanding the fact that an employee
may be permitted by law, customs or
religion to have more than one wife.
●
Child
:
Means an unmarried child, a child born
out of wedlock, a step child, a legally
adopted child or a child of a deceased
near relative, who is not more the
eighteen years of age and is wholly
maintained by the employee.
Also
includes a child of any age who because
of infirmity is unable to earn a living and
is therefore wholly maintained by the
employee.
●
Family
:
Means an employee and his or her
spouse and if any, the child / children of
such employee.
●
Domicile
:
Means a place in Tanzania where an
employee was born or a place in
Tanzania where an employee has made
his/her permanent home as declared in
the personal particulars form and in the
employment contract.
●
Promotion
:
Means an appointment of an employee to
a higher grade/position.
●
Written Laws
:
Means Tanzanian Ordinances/Acts of the
Parliament/National Assembly/Presidential
orders and Bye Laws.
●
Directives
:
Means the policy decisions issued by the
Board of Directors of the Tanga Urban
Water Supply and Sewerage Authority
from time to time.
●
Regulations
:
Means the Staff Regulations of the Tanga
Urban Water Supply and Sewerage
Authority
●
Management Team
:
Means the Managing Director together
with Departmental Heads
●
Appointments
Committee
:
Means the Appointments and Disciplinary
Committee of the Tanga Urban Water
Supply and Sewerage Authority.
●
Salary
:
Means the basic salary or wage of an
employee.
●
Man
:
Means masculine gender: famine gender
or male.
●
Permanent Secretary
:
Means the Permanent Secretary of the
Ministry responsible for Water
●
Minister
:
●
Labour Laws
:
Means the Minister responsible for the
Ministry of Water
Means the Employment and Labour
Relations Act No. 6 of 2004 and the
Labour Institutions Act No. 7 of 2004 and
such other Acts which may, from time to
time, be enacted for the purpose of
regulating the relationship between the
employer and employee.
1.0
2.0
APPLICATION AND AMENDMENTS
1.1
These regulations shall apply to all staff of the Authority with effect
from First day of the month of July year Nineteen Ninety Nine.
The day-to-day administration and interpretation of these
regulations shall vest upon the management of the Authority.
Acceptance of an officer of appointment in the Authority shall be
deemed to include acceptance of the provisions of these
regulations.
1.2
Where the application of any provisions of these regulations are in
any way, at variance with the terms and spirit of any written law of
the country, the written law shall be followed.
1.3
These regulations shall be reviewed from time to time in the light
of changes and experience of the Authority. The Board of Directors
shall authorize every amendment of the regulations.
PERSONNEL AND ADMINISTRATION SECTION
2.1
The Tanga Urban Water Supply and Sewerage Authority shall have
a Human Resources Section for the purpose of recruitment,
remuneration, development, motivation and retaining of qualified,
responsible, loyal and disciplined staff of the Authority at the same
discharging efficiently and effectively administrative activities.
2.2
The Human Resources Section shall discharge the following
services:
2.2.1 Recruiting and hiring of staff
2.2.2 Determining employment and working conditions
2.2.3 Determining compensation and compensation methods
2.2.4 Establishing career and promotion schemes
2.2.5 Establishing of welfare services and social security benefits
2.2.6 Developing staff though education and training programmes
2.2.7 Establishing and applying methods of consultation,
negotiation and settling of disputes between the Authority
and the employees or their representative(s).
2.2.8 Manpower Planning
3.0
2.3
The Section shall be headed by a qualified and experienced Human
Resources Officer or his/her Assistant with the same or immediate
lower qualification and a wide experience in human resources
management.
2.4
Being in charge of human resource, it shall be aware of its role as
an agent of change in the Authority, constantly prepared to revise
and reform its activities in order to meet new requirements of
organizational change and developments and Laws of the country.
CATEGORIES OF SERVICE CNTRACTS
The Authority shall have four categories of service:
3.1
Unspecified Time Contracts:
3.1.1 Appointments of staff to unspecified time contracts in the
Authority shall be made in accordance with the
establishment shown in the recurrent estimates.
3.1.2 Persons filling these posts can be expected to make full
career in the service of the Authority, dully fulfilling the
requirements in their agreed and mutually signed
performance contracts until the normal age of retirement.
3.2
Specified Time Contracts:
3.2.1 Specified Time Contract posts shall normally be offered to
persons who are not expected or do not wish to make a full
career in the service of the Authority and whose services are
required on a purely temporary basis.
3.2.2 Such appointments shall normally be for a minimum period
of one / two years renewable by mutual agreements upon
satisfactory fulfillment of the previous performance
agreement.
3.3
Task / Piece Work Contracts:
3.3.1 Task / Piece Work contracts shall be offered to vocation and
other individuals on daily contract rates, with the object of
being engaged to perform specific tasks, the end of which is
not accurately foreseeable.
3.3.2 This type of staff shall be employed by negotiation on oral
agreement which will be summarized in a letter form setting
out the main terms and conditions of service
3.3.3 Persons who are engaged in such a contract are paid their
wages at the end of each working day. Their services may
be terminated at the end of any day without notice.
4.0
5.0
6.0
SEVERANCE ALLOWANCE
4.1
Severance allowance shall be paid
employment contract is terminated.
to
employees
whose
4.2
The allowance shall be calculated at the rate of the employee’s
salary of seven (7) days for every completed twelve (12) months
service for a maximum of ten (10) years.
4.3
No severance allowance shall be paid if termination is fair on
misconduct or if termination is on retrenchment or incapacity or
incompatibility and employee unreasonably refuses to accept
alternative employment with the same employer or another
employer.
APPOINTMENTS LIMITATION
4.1
No appointments shall be made for which no provision as been
made in the approved estimates of the Authority.
4.2
No increase in the number of posts shall be made above the
authorized establishment as shown in the approved estimates,
without prior approval of the Board.
ADVERTISEMENT OF POSTS
The Managing Director of the Authority shall normally advertise vacancies
those in the Assistant cadre level and above in the local or regional media.
However, the Managing Director, may at his discretion, dispense with the
advertisement if he considers the vacant post may be filled by internal
promotion.
7.0
POWERS OF THE APPOINTING AUTHORITIES
The appointing authorities shall have the following powers:-
8.0
7.1
7.2
To make appointment or promotion or transfer of an employee;
To confirm the appointment of an employee appointed on
probation;
7.3
To extend the probationary period of an employee appointed on
probation;
7.4
To terminate the appointment of an employee under the provisions
of these regulations;
7.5
To discipline an employee so appointed otherwise than termination
of employment.
DISQUALIFICATIONS FROM APPOINTMENT TO THE AUTHORITY
No person previously convicted of a criminal offence or who had his
service terminative in the public interest, from public service, Parastatal
Organizations, Private Companies, Non-Governmental Organizations
(NGO’S) and Executive Agencies, shall be appointed to any post in the
authority.
However, convicted persons may be considered for
employment after getting a legally recognized clearance.
9.0
OFFER OF APPOINTMENT
9.1
An Unspecified Time Contract Staff
9.1.1 An employee who is selected for appointment on Unspecified
Contract terms shall be issued with an Employment Contract
Form by the Managing Director setting out conditions of
service.
9.1.2 No appointment shall be effective unless the employment
contract form has been duly accepted and signed by the
employee.
9.1.3 Where an employee has successfully completed his/her
period of probation and if the appropriate Appointments and
Disciplinary Authority is satisfied with the performance of
such employee, such authority shall confirm his/her
appointment to Unspecified Contract terms.
9.2
A Specified Contract Staff
An employee appointed on specified contract terms shall be
required to serve for a specific period. Gratuity and such other
benefits as may be specified in the employment contract form shall
be paid upon satisfactory completion of the contract.
9.4
A Task / Piece Work Employee
No letter of appointment shall be issued.
9.5
Appointment of Specified Time Contract
Unspecified Term of Contract Position
Staff
to
9.5.1 Where the Managing Director is satisfied with the
performance of any employee on specified time contract
terms who has served on such terms for a period of not less
than six months, may recommend to the appropriate
Appointment and Disciplinary authority that such employee
be offered employment on unspecified time contract terms.
9.5.2 Such employee shall be offered an appointment on
unspecified time contract terms in case the Appointment and
Disciplinary Authority approve the Managing Director’s
recommendation, and a vacancy exists in the post he/she is
being recommended for.
10.0 MEDICAL EXAMINATION BEFORE APPOINTMENT
10.1. No person shall be appointed by the Authority unless he/she
appointment been examined by a medical officer and has been
given a medical certificate.
10.2. All offers of appointment are subject to submission of a certificate
of medical examination to the Managing Director.
10.3. Medical examination shall be made only on the grounds of
acknowledging and keeping records of the new employee’s medical
status before engagement and shall not be meant to
discriminations due to such statuses.
11.0 DATE OF FIRST APPOINTMENT
Where any person is appointed to the service of the authority from within
Tanzania and if he/she is required to assume duty at the place where
he/she was recruited, his/her date of appointment shall be the date on
which he/she so assumes duty.
11.1
The Appointment and Discipline Authority may decide to promote
any employee to any post on trial basis.
11.2
In considering employees for promotion as between employees
having the same degree of preference, qualifications and
experience, proven merit and suitability for the post in question
shall be accorded greater weight than seniority.
All other
considerations being equal, promotion will be given to the senior
most candidate.
11.3
Where an employee is appointed to any post on promotion, the
effective date of his/her promotion to the post shall be determined
by the Appointing Authority.
11.4
Where an employee is selected by the
Appointment and
Disciplinary
Authority for promotion on trial, the Managing
Director shall address to him a letter of promotion on trial basis.
11.5
No employee shall be promoted to any post on trial for a period
exceeding six (6) months.
11.6
On the expiration of the period of promotion on trial, and where no
adverse report has been received on the employee concerned, the
confirmation to the substantive post will be regarded as automatic
without any further written notice to the employee.
11.7
In the case of any adverse reports on any employee during the
period of promotion on trial, the managing director shall bring to
the attention of the Appointment and Disciplinary Authority of such
reports one month prior to the completion of the period of
promotion on trial and if the Authority is not satisfied with the
performance and conduct of the employee, such employee shall be
reverted to the post which he/she was holding prior to his/her
promotion on trial.
12.0 PERIOD OF PROBATION
12.1
The period of probation for members of staff shall be twelve (12)
months. On satisfactory completion of his/he probationary period,
the employee shall be confirmed in his/her appointment. The
service of an employee whose probationary period has not been
satisfactory, may be extended for a further period of three months
at the end of which the Appointing Authority shall decided whether
or not to employ such employee on permanent terms.
12.2
The Appointing Authority shall be the final authority for deciding
upon the termination of probationary appointment.
13.0 CONFIRMATION OF PROBATIONARY EMPLOYEES
The Managing Director shall make a recommendation to the Appointing
Authority regarding the confirmation of probationary employee one month
before the expiry of the probationary period. The Appointing Authority
shall be responsible for the confirmation of appointments. The Appointing
Authority may, at its discretion, extend the period of probation of an
employee as may deem necessary.
14.0 TERMINATION OF PROBATIONARY APPOINTMENTS
14.1
The Appointing Authority shall give notice of at least one month of
termination of probationary appointments.
14.2
If the termination is one grounds of inefficiency due to the
employee’s negligence or fault, the provisions of the Security of
employment Act, 1964 or any other relevant law currently in force,
shall be followed.
15.0 TERMINATION
OF
APPOINTMENT
DISCIPLINARY GROUNDS
15.1
ON
OTHER
THAN
Retirement
(i)
Unspecified time contract appointment shall be tenable upon
satisfying performance agreements at more than 3 points
upon performance appraisal until an employee reaches the
age of fifty five (55) years or any other years established by
the statute when retirement is compulsory. An employee
may retire voluntarily before the age of fifty (50) years if
he/she so wishes, or earlier by resolution of the Board.
(ii)
The Authority shall treat with tact and care an employee
who is about to retire from the services of the Authority.
(iii)
The employee shall be informed six months in advance
about the date of retirement and any actions he/she shall
take as preparations for leaving employment.
(iv)
The retiring employee shall be informed about his/her
retirement benefits and he/she shall enjoy these
immediately upon retirement. The retirement benefits shall
be as approved by the Board of directors and shall include
transport assistance to the place of recruitment for the
worker, his wife/her husband and four children; luggage
transportation of three tons to those earning salary scale C
and above and one and half tons to those earning salary
scales between A and C. The mode of transport and class of
transport shall be as authorized by the Board of Directors
and prevailing transport circumstances allowing.
(v)
The employee shall be subject to an exit interview before
leaving employment in order to find how the Authority can
assist where possible.
(vi)
The Authority shall assist the retiring employee with practical
problems arising in connection with leaving his/her place of
employment.
(vii)
The Authority shall assist the retiring worker to get his/her
pension from social security funds he/she was contributing
to before last working day.
(viii)
On his/her last working day, the employee shall be
celebrated and thanked for his/her services by the Managing
Director and be given a farewell gift as a token of
appreciation for his/her services and a certificate of service.
15.2 Resignation
(a)
An employee may resign from his/her appointment by
following legal requirements and procedures. An employee
on permanent terms and on contract terms may resign
his/her appointment by giving three month’s notice in
writing to the Managing Director, or by paying a onemonth’s salary in lieu of notice.
(b)
The resignation of an employee holding a responsible
position/property shall be effective only after a proper
handing over to the Authority has been acknowledged by
the Managing Director.
(c)
The resignation of employees having a liability to the
Authority in respect of salary advances/loans or other
arrangements shall only be accepted after satisfactory
arrangements have been made by such employees for the
settlement of amounts due to the Authority.
(d)
On resignation, the employee shall have full terminal
benefits which he/she and the Authority contributed to a
respective Social Security fund.
15.3 Completion and Renewal of contract
On satisfactory completion of a contract, an employee may leave
the service of the authority with all the privileges to which he/she is
entitled under the terms of his/her contract.
Similarly, the
Authority shall be under no obligation to re-employ him/her for any
further period. However, whether or not the expiry of his/her
contract he/she wishes to be re-engaged for a further period of
service, the employee must notify the Managing Director not later
than three months before the normal expire of the contract.
15.4 Termination of Appointment Due to Ill-Health (Medical
Grounds)
15.4.1 Where the Managing Director is of the opinion that an
employee is incapable by reason of any infirmity of mind or
body of satisfactorily discharging the functions of his office
he may cause the employee to present himself before a
Medical Board for a medical examination.
15.4.2 The Medical Board shall proceed to examine the employee
and its recommendations shall be submitted to the Board
of Directors. The Appointing Authority who shall be guided
by such report in deciding whether the employee should be
retired on medical grounds or not.
16.0
SENIORITY
16.1
Seniority of First Appointment
Seniority between employees in the same grade shall be
determined by their dates of first appointment to such grade.
Provided that where tow or more persons are appointment on the
same date and in the same grade their relative seniority shall
determined by the salaries of respective employees and in the
event of their salaries also being equal, by their ages.
16.2
Seniority on Confirmed Employees
In cases where officers are required t serve a period f probation n
first appointment, the seniority of employees in the particular class
f grade shall be determined by the date f their confirmation.
16.3
Seniority on Promotion
When an employee is promoted to a higher grade, he shall take
seniority in the new grade immediately below the last confirmed
employee in that grade. In cases where two or more employee
selected for promotion on the same date assume duties of the new
post on different dates their seniority shall be determined by the
respective dates they assume duties of the new post.
17.0
RECRUITMENT
17.1
The Authority shall recruit and hire staff on the basis of
qualifications and relevant experience only.
17.2
The Authority’s recruitment procedure shall comprise the following
steps:
17.2.1 A job Description detailing job content and skills
requirement shall be the basis for recruitment of staff of
the Authority.
17.2.2 Qualifications shall be matched against the job description.
17.2.3 Vacant positions shall be advertised giving inter aia
concise descriptions f the jobs and required qualifications
and experience.
17.2.4 A short-list f applicants shall be drawn up by the
Management Team.
17.2.5 Those short-listed shall be interviewed by qualified and
experienced persons from within and outside the Authority
as may be determined by the appointing authority.
17.2.6 The most qualified, experienced and suitable applicant
shall be recommended to the Appointing authority for
approval.
17.2.7 A letter of appointment shall be issued in which a
probationary period of one year shall be stated and
responsibilities, remuneration, rights and privileges shall be
outlined.
17.2.8 After a successful probationary period a letter of
confirmation shall be issued confirming that the selected
candidate is hired on permanent terms.
18.0
JOB DESCRIPTIONS
18.1
The Authority shall have job descriptions for all positions.
18.2. Job descriptions serve the following purposes:
18.2.1
18.3
19.0
18.2.2
Informing new employees about their jobs.
18.2.3
A reference of responsibilities and tasks which
constitute a particular job.
18.2.4
Settling issues of demarcation of “who does
what”.
18.2.5
Basis for the annual performance appraisal.
18.2.6
Identification of training needs of the job holders.
The job description shall be brief and clear. It is not a legal
document but a working tool. It shall consist of at least the
following information:
18.3.1
18.3.2
18.3.3
18.3.4
18.3.5
18.3.6
18.4
As basis for recruitment of staff.
The Job title.
The position to whom the job holder is responsible.
Subordinates (where applicable)
Direct entry and in service qualifications
The duties and responsibilities of the job holders.
Salary scale and salary ranges
The job descriptions shall be reviewed periodically by the Managing
Director after obtaining advice of the Heads of Departments.
EMPLOYMENT INTERVIEWS
19.1
Interviews shall be carried out before any employment and they
shall be conducted in a professional way.
19.2
The short-listed candidates shall be informed well in advance about
place, date and time of the interview in order to allow them to
prepared themselves adequately.
19.3
An interviewing panel shall be constituted in such a way that a
professional and fair interview is ensured. No undue pressure or
vested interests shall be allowed to interfere in the interviewing
process. The role of each panel member shall be agreed upon
before the interview starts.
19.4
The interview panel shall furthermore:
19.4.1 Be familiar with the details of the job.
19.4.2 Be familiar with the information contained in the original
application of each candidate.
19.4.3 Ask relevant questions to the nature of the job.
19.4.4 Be polite and encouraging during the interview and make
the interviewee feel at ease.
19.4.5 Allow the interviewee adequate time for self expression.
19.4.6 Be interested in the candidate
19.4.7 Not let prejudices or feelings come out too strongly
19.4.8 Be neutral
20.0
21.0
EMPLOYMENT REFERENCES
20.1
The Authority shall ask for references when short-listing applicants
for a job and shall be prepared to give references when asked by
other employing organizations.
20.2
Reference shall be objective and based on the personal file of the
applicant concerned.
20.3
The applicant shall indicate his/her referees in his/her application.
The current applicant’s employer shall be one of the referees to be
approached for information.
20.4
The referees information shall be kept strictly confidential.
NEW EMPLOYEES INDUCTION
21.1
The Authority shall have induction programmes for new employees.
21.2
The main purpose of an induction programme is to enable new
employees to function effectively as quickly as possible.
21.3
The new employee shall be made to feel that he/she is welcome
and important to the organization and that his/her contribution is
necessary for the Authority.
21.4
The induction shall be carried out professionally:
21.4.1 The employee shall first of all be introduced to his/her
workplace and the job description shall be explained.
21.4.2 The employee shall be informed about the structure of the
Authority and be made to understand the role of his/her
particular job in the structure.
21.4.3 The employee shall be informed about his/her
remuneration, rights and responsibilities, code of conduct,
health and safety matters, regulations etc.
21.4.4 The induction programme shall be implemented through
sessions of information and instruction, introductions, visits
and through relevant reading materials about the authority
activities.
21.5
22.0
The personnel and Administration Section shall design and
implement the induction programme in collaboration with the end
user section head/unit head.
STAFF RETRENCHMENTS
22.1
When staff retrenchments are found necessary the Authority shall
follow all aspects of labour laws regarding redundancy and shall
have consultation and agreement with TFTU local branch
representatives and notification and approval of the Ministry of
Labour and Youth Development.
22.2
Fair principles for selecting the staff whose services shall be
terminated shall be applied: “Las in first out: may be one such
principle, which however, may have to be matched against
economic/social and other considerations, from individual situation
to another.
22.3
Factors which shall make the Authority to consider declaring
retrenchment of staff are:
22.3.1 Poor financial position.
22.3.2 Lack of work to be performed
22.3.3 Loss making situation
22.3.4 Over-staffing
22.3.5 Privatisation of water business.
22.4
The factors that shall be considered when deciding on staff for
retrenchments are:
22.4.1 Employees who shall volunteer to be retrenched.
22.4.2 Employees without adequate work for performing.
22.4.3
Employees whose education, professional qualifications
and experience are no longer required by the business.
22.5.4
Employees whose activities are no longer required by the
Authority due to change of business environment/owners.
22.4.5
Employees whose education and experience are no longer
required by the Authority due to change of technology.
22.4.6 Employees whose working tools and equipment’s are wornout/obsolete and Authority is not in financial capability to
buy tem.
22.4.7 Recently employed workers who have no adequate job and
their absence will not affect the efficiency of the authority.
22.5
The Authority shall pay the following redundancy benefits:
22.5.1 One month salary pay in lieu of notice.
22.5.2
Employer and employees NPF/PPF
22.5.3 One-month salary pay in lieu of an annual leave not taken.
22.5.4 Transport assistance to place of domicile for the worker, his
wife/her husband and four children.
22.5.5 Luggage transportation assistance of up to a maximum of three
tons. One and half to a employees earning salary scales of 1 to 4
and three tons for employees whose salary scales are from salary
scale 5 onwards.
23.0
TRANSFERS OF STAFF
23.1
Transfer of an employee from one post to another (and maybe
from one place to another) has human and social implications and,
therefore, shall be handled with tact and humanity.
24.0
23.2
Where possible an employee shall be informed at least two months
in advance of the transfer.
23.3
The Authority shall provide the following benefits:
Transport of all the belongings
(b)
Per-diem for worker, husband/wife and 4 children for 14
days at rates approved by the Board of Directors from time
to time. The children shall be paid half of the daily per
diem.
23.4
An employee requesting for transfer may be given the transfer if
there is vacancy and shall not be paid transfer benefits.
23.5
No transfer shall be from one Water Authority to another Authority.
If it happens the benefiting Authority shall pay transfer benefits
which shall include fifty per cent of worker’s salary as disturbance
allowance.
DEATH
24.1
25.0
(a)
On information that an employee has passed away, the Authority
shall do the following:
21.1.1
Express condolence to the family of the deceased.
21.1.2
Inform the family of any benefits which they are entitled
to from the authority and see to it that the family gets
the death benefits quickly.
21.1.3
Provide burial materials: coffin, flowers “sanda”, and
condolence cash as approved by the Board from time to
time whenever a worker looses by death his wife, her
husband and children. Whenever a worker dies the
authority shall transport him/her to her domicile place.
CAREER DEVELOPMENT
26.0
25.1
The Authority shall develop and offer realistic and attractive career
schemes to the employees.
25.2
Employment within the Authority shall be open for any applicant
from outside as well as from inside the authority.
25.3
Qualified Authority employees shall be encouraged to apply for jobs
higher up on the ladder, when such vacancies arise.
25.4
A clear scheme of service shall be established, revised from time to
time and made available o the employees for reference.
25.5
Promotion of staff shall depend on the employee’s qualifications,
experience, performance and behavior. The annual performance
appraisal shall be the main basis for promotion.
25.6
Fair competition in recruitment of the managing Director, Heads of
departments and Heads of Sections shall be the key decisive factor
in making a career within the authority. For other cadre of staff it
will be on promotion basis unless there is no suitable candidate
from within the authority.
25.7
Promotion shall be recommended by the Heads of sections to the
Heads of Departments, who will then submit the recommendations
to the Managing director and there after where applicable to the
Appointing Authority.
WORKERS RESPONSIBILITIES
26.1
The Authority shall specify responsibilities of each employee and
make them know to the employee.
26.2
The responsibilities shall be written and carefully explained to
employees. This shall particularly be done in connection with the
induction programme but shall be repeated in other in-house
programmes when needed.
26.3
Responsibilities regarding the job to be done shall be as laid down
in the job Descriptions of each position.
26.4
Each worker shall have good behavior inside and outside the
authority, among which:
26.4.1
Employees shall serve the Authority to the best of their
ability.
26.4.2
Employees shall guard and enhance the dignity and the
interest of the Authority inside as well as outside the
Authority
26.4.3
Employees shall protect the property of the authority in
general and property and/or equipments/tools assigned to
them in particular.
26.4.4
Employees shall refrain from soliciting and accepting bribe
of any form, material or financial in nature, when
discharging the Authority’s services.
26.4.5 The individual shall achieve the target output
26.4.6 The employees shall perform their duties with quality
perfection.
26.4.7 The employees shall handle customers promptly, efficiently
and with courtesy.
26.4.8 Employees shall not involved themselves in illegal water
and sewerage connections.
26.4.9 Employees shall be punctual and keep working time.
26.4.10 Employees shall obey instructions from their superiors and
adhere to rules, regulations, directives and procedures of
the Authority.
28.0
CONFLICT OF INTEREST
28.1
Conflict of interest shall not affect decisions made within the
Authority because if personal interests were to be allowed to
influence decision-making, it would be detrimental to the
authority’s interests.
28.2
When an employee considers that personal interest (financial or
other) may be deemed to influence his/her participation in a
decision-making process in the authority, he/she shall abstain from
participation and ask to be excused.
28.3
Where an employee considers that somebody else’s personal
interests (financial or other) may be deemed to influence a person’s
participation in a decision-making process, the employee concerned
shall report this and propose that the person concerned shall
abstain from participation and be excused.
28.4
29.0
When the authority considers that personal interest (financial and
other) may influence the decision-making process, it shall require
that the employee concerned shall abstain from taking part in the
decision process.
WORK SCHEDULES
29.1
The Authority shall have well planned work schedules for their
employees in order to promote efficiency and effectiveness.
29.2
The employees shall know during what periods of time they shall
be required to perform their tasks.
29.3
Normal working time for the employees of the Authority shall be 40
hours a week distributed over the week in a way which best
benefits both the Authority and the employees.
29.4
Water business is for 24 hours in a day. Therefore shift work shall
be necessary for the staff of the authority.
29.5
All employees shall have to work overtime when the work situation
requires them to do so. Managing Director, Heads of Departments,
Heads of Sections and Heads of Units are expected to work extra
hours to attain their goals. For that purpose they shall be paid
responsibility allowance. Other staff working extra hours shall be
paid overtime according to the Regulations of Wages and Terms of
Employment Ordinance (Cap.300) as follows:
“Where any employee other than a casual employee or a domestic
employee is during any week employed for the aggregate of
working hours exceeding 40 hours, he shall be entitled to be paid,
in respect of every hour or part of an hour in excess of such 40
hours, one and half time his hourly wage.”
“Where any employee is employed on the statutory weekly rest day
or on a public holiday other than Sundays (save where Sunday is
the weekly rest day for such employee), he shall be paid in respect
of every hour or part of an hour during which he is so employed on
such day, two times of his hourly wage in addition to his normal
monthly wage.”
30.0
DRESSING DURING OFFICE HOURS
31.0
32.0
30.1
Employees of the Authority shall be dressed according to generally
accepted good taste and normal conventions corresponding to their
positions. They shall appear at work clean and tidy and in uniform
or safety gears for those required to do so. This is for the safety of
the employees themselves and for the good image of the Authority.
30.2
The Authority shall provide protective gears and free uniforms to
employees whose duties require to have uniforms during working
hours. The employees shall not wear sandles, “baibui”, “kanzu”,
truck-suits, “msuli”, “jihabu”, “Khanga” etc. during working hours.
RETENTION OF EMPLOYEE RECORDS
31.1
The Authority shall keep adequate, accurate and up-to-date records
and information about each worker all the time regarding personal
details, academic details, professional details, work experience,
discipline, remuneration, leave taking, training, performance
evaluation and promotions/demotions until after an employee has
retired from the Authority.
31.2
The Authority shall keep personal records of an employee whose
services have been terminated for a period of ten years. This is
necessary for the sake of references.
31.3
When the services of an employee have been terminated, his/her
employee record shall then be removed from the active file to the
dormant file where it shall be kept.
31.4
The Personnel and Administration Section shall be responsible to
keeping personnel records.
PERFORMANCE APPRAISAL
32.1
The Authority shall appraise the performance of her employees on
a regular basis preferably end of year. This is because it shall
provide feed-back to the employee on how well/he she is
performing, reveal his/her training needs and may also reveal that
redesign of the job tasks may be necessary.
32.2
The type of performance appraisal that shall be used is the open
performance appraisal system in order to make the appraisal
transparent and give the employee chance to defend /his/he
performance to the superior and make the superior be impartial in
performance evaluation.
32.3
The performance appraisal interview shall be between the
employee and his/her immediate superior and shall be carried out
in a frank and friendly discussion on the work and general
behaviour of the worker during the past period.
33.0
34.0
32.4
The interviewer shall first stress the good points in the performance
of the employee and then discuss the negative points.
32.5
The interview shall last for at least 30 – 60 minutes in order to
allow for economic usage of time. No interference shall be allowed
during the interview.
32.6
The conclusion of the interview shall relate for future action and be
agreed by both sides, evidenced by their signatures.
32.7
The filled in performance appraisal interview document shall be
signed and dated both by the employee and the head concerned
and shall be retained in the employee’s confidential personal file
and copied to the employee for reference at the next performance
interview.
32.8
The Personnel and Administration Section shall prepare the
appraisal interviews forms, provide the necessary forms to the
interviewers and train the managers/officers on how to perform the
appraisal interviews.
EQUALITY OF TREATMENT
33.1
The human dignity of all employees shall always be promoted and
maintained.
33.2
The human resource management is based on recognized human
values, of respect, tolerance, equity, equality and democracy.
33.3
There shall be no favoritism or discrimination practiced within the
Authority with respect to any employee by reason of position, age,
sex race, creed, colour, national origin, political or religious
affiliation, or by reason of trade union membership or activity. All
employees shall in the above respects be treated equally.
REMUNERATION
34.1
The Authority shall have a fair and attractive salary structure in
order to recruit, motivate and retain qualified and experienced
employees.
34.2
The Authority will never pay unskilled staff less than the minimum
wages recommended by the Government. Regarding positions with
more responsibility and authority, the Authority shall pay according
to the reasonable rate in order to attract best possible staff.
35.0
34.3
Annual increment will be recommended or not recommended in the
annual staff performance appraisals. The annual increment shall
never be automatic in order to induce efficiency.
34.4
Annual bonus based on achievement of annual profitability and
liquidity shall be shared among staff of various grades according to
contribution of effort, which cause the Authority to earn the profit.
34.5
The Authority will update and revise the remuneration scheme
regularly to meet new requirements and above all to match
inflation depending on the capability to pay.
SALARIES, WAGES AND INCREMENTS
35.1
Basic Salary Scales
The basic salary scales of the staff shall be those approved by the
Board from time to time.
35.2
Grading
The grading of the various posts together with the normal
minimum entry qualifications and the normal promotion
requirements to higher posts or grading shall be subject to revision
from time to time.
35.3
Entry Points
(a)
The starting salary of an employee on first appointment shall
normally be at the minimum of the salary scale applicable to
the post to which the appointment is made.
(b)
The appropriate Appointing Authority may, however, at its
discretion, allow some increments above the minimum
having due regard to the employee’s approved professional
and/or technical qualifications or experience.
35.4
35.5
Payment of Salaries
(a)
The salaries of all employees will normally be paid at the end
of each month.
(b)
An employee proceeding on leave may, before departure, be
paid salary in advance provided he applies for it.
(c)
An advance of salary may be granted to a member of staff
who applies for it for genuine reasons.
Salary on Promotion
Employees promoted to a higher salary scale shall enter the new
scale at the minimum of that scale, unless he is already drawing a
salary higher than the minimum of the new scale in which case he
shall receive the salary point in the new scale next higher to his
salary as at the date of promotion.
35.6
Increments
(a)
An increment is an increase of salary of a prescribed
amount, which, provided certain conditions are satisfied,
shall normally be granted annually to holders of posts on
incremental scale of salary until the maximum of the scale is
reached. In all cases the primary conditions shall be that
the employee has discharged his duties with efficiency,
diligence and fidelity during the year concerned, and that his
conduct has been satisfactory. When these conditions have
not been satisfactory. When these conditions have not been
met the Appointing Authority may take the necessary steps
to stop, withhold or defer increments.
(b)
Every employee is entitled to annual increments as shown in
the salary scale to which he is appointed, until such time as
he reaches the maximum of that scale.
(c)
An increment or increments may not be granted before the
date on which they fall due, but an increment or increments
may be backdated.
35.7
Incremental Dates
All members of staff shall fall into one of two annual incremental
dates:
35.8
(a)
an employee whose date of first appointment is between
January 1st, and June 30th, shall receive his annual increment
on the January 1st of each year.
(b)
An employee whose date of first appointment is between
July 1st and December 31st, shall receive his annual
increment on July 1st, of each year.
(c)
When an employee is promoted to a new post his future
incremental date shall remain the same.
Compensation for Death or Injury
The extent of the liability of the Authority for payment of
compensation under certain conditions for an employee’s death or
incapacity resulting out of and in the course of his employment
with the Authority shall be as prescribed in the Workmen’s
Compensation Ordinance, Cap.263.
35.9
Pay Schedules and Changes
(a)
(b)
The Authority shall pay salaries/wages on the following
basis:
●
Monthly basis for all permanent staff
●
Fortnightly basis for part-time staff who opt for such
an arrangement
●
Daily basis for temporary/casual labour
Employees will as early as possible be informed about any
change in their regular remuneration and the reasons in
order to enable the employee to make necessary
arrangements to adjust his/her economy to the new
situation
(c)
36.0
37.0
Each employee will be informed by a circular letter about the
new pay change. The letters shall be copied to the Accounts
Section and to the personal file of the employees.
PER DIEM
36.1
All employees of the Authority shall be paid per diem when on duty
out of the normal workstation in order to cover the cost of being
away from home.
36.2
The amount of the per diem shall differ and be related to the grade
of the employee.
36.3
The Personnel and Administration Section shall establish and
recommend the per dieam rates for various categories of staff for
various places and get them approved by the Board of Directors.
SAFETY AND HEALTH
37.1
The Authority shall establish and develop working conditions, which
ensure that the safety and health of workers are safeguarded. This
is in recognition that man’s most valuable possession – life, health,
physical integrity, aptitudes, professional skills and human dignity
should not be endangered by his/her employment.
37.2
Machinery in workplaces shall be securely guarded according to the
Factory’s to the Ordinance.
37.3
Safe use of chemicals shall be applied according to safety
procedures relating to chemical.
37.4
Safe practices in the work place shall be adhered to.
37.5
All employees shall observe hygienic conditions in all the Authority’
work places.
37.6
Ergonomic aspects shall always be taken into consideration with
regard to the working environment (Ergonomics means the
relationship between man and the working environment
with the aim of making work as efficient as possible and
minimizing fatigue)
37.7
Regular inspection of compliance with rules and regulations of
safety and health shall be undertaken by the Personnel and
Administration section in collaboration with the Trade Union. An
inspection report shall be submitted to the Managing Director.
37.8
38.0
39.0
Safety and Health regulations shall be subject to continuous
revision and improvements.
REST DAYS AND PUBLIC HOLIDAYS
38.1
All employees shall be entitled to all gazetted public holidays and
two rest days per week with full pay in accordance with the
Employment Act except in a case of mutual agreement that the
employee shall work on such a day.
38.2
The rest days per week shall be on Saturday and Sunday fo the
physical and mental well-being of the employees.
38.3
The Personnel and Administration Section shall be responsible for
informing the employees about the dates of public holidays and
means of compensation for those who are required to work on rest
days and public holidays.
ANNUAL LEAVE
39.1
All employees shall be entitled to paid annual leave of 28 days a
year after having worked continuously for twelve months.
39.2
All employees shall complete an “Application for Leave” form and
have the application approved by their heads of units, sections and
departments at least a month before the desired leave.
39.3
The approved leave application shall then be forwarded to the
Personnel and Administration Section which shall check wither the
applicant qualifies for leave or not.
39.4
Where the applicant qualifies, leave shall be granted and the
applicant shall be informed accordingly and the leave days shall be
registered in his/her personal file.
39.5
Where the applicant does not qualify for leave, he/she shall be
informed accordingly.
39.6
Pain annual leave shall be calculated monthly from the date of
commencement of duty (probationary period shall be counted).
39.7
Where commencement of duty is before the 15th of the month, full
leave shall be creditd. Where commencement of duty is after the
25th of the month, no leave shall be credited for that month.
39.8
In the best interest of the Authority, an employee may at any time
be required to take all or part of his/her annual leave.
39.9
Annual leave must be taken during the 12 months in which it is
earned or within 6 months thereafter.
39.10 Payment in lieu of leave shall normally not be allowed except at the
discretion of the Managing Director and when an employee leaves
the services of the authority with terminal
39.11 The Personnel and Administration Section shall be responsible for
the administration of leave procedures.
39.12 When there is a concentration of leave applications during a certain
period of the year, the Authority shall have entitlement to
reschedule the leave in order to enable the Authority to discharge
its functions.
39.13 An employee going on leave will be entitled to an amount equal to
his/her gross one month salary to cover for a traveling expenses
for him/her/husband/wife and maximum of four children. No
receipts shall be demanded for leave travel allowance. If the
traveling expenses of husband, wife and four children exceed the
gross salary, the Water Authority will pay the difference. The
traveling mode and respective expenses shall be as approved by
the Board from time to time.
40.0
LEAVE OF ABSENCE
40.1
The Authority shall have a positive attitude to applications for
genuine unpaid leave of absence.
40.2
The application for leave of absence shall be submitted to the head
of section concerned who shall investigate whether the reason for
the wanted leave is valid or not. Then the application shall be
forwarded to the Head of Department and Head of personnel and
Administration Section for further scrutiny and assessment.
40.3
Where the reason for leave of absence is found valid such as
attending training, medical grounds etc. and the Authority is able to
release the person for the period wanted, the leave shall be
granted.
41.0
42.0
40.4
When considering to grant leave of absence, the length of service
and quality of performance of the applicant and the impact to the
business shall be considered before any decision is taken.
40.5
Leave of absence shall be authorized by the Managing Director
only.
STUDY LEAVE
41.1
The Authority shall have a positive attitude to applications for paid
study leave for professional training that will benefit the Authority.
41.2
An application for paid study leave shall be submitted to the head
of unit/section/department concerned who shall investigate the
value of the proposed studies to the employee and the organization
and the possibility for the organization to release the applicant.
The application shall then be sent to the Personnel and
Administration Section for further administrative action.
41.3
The length of service and the quality of performance of the
applicant shall be considered before decision is made of granting
study leave by the Managing Director
41.4
Before a decision is made the Authority shall require a guarantee
from the applicant that he/she shall continue to work for the for an
agreed period of time after completion of his/her studies.
41.5
In principle paid study leave shall be granted for not more than
one year in the country and outside the country.
41.6
Paid study leave shall mean study leave under full pay depending
on the financial capability of the Authority.
41.7
The Managing Director after getting recommendations of the head
of department concerned and of the Personnel and Administration
Section, shall make the final decision of whether to grant study
leave or not.
STICK LEAVE
42.1
All employees of the Authority shall be entitled to paid sick leave.
42.2
When an employee falls suddenly ill during work, he/she shall
report this to his/her immediate superior and be released from
work in order to see the approved medical officer after getting a
stick sheet.
42.3
When an employee falls suddenly ill at home, he/she shall then
immediately visit the approved medical officer and as soon as
possible in the circumstances report this to his/her immediate
superior.
42.4
If the doctor prescribes that the employee shall report to work, the
employee shall do so and provide a certificate from the doctor that
the employee has consulted him/her on date indicated.
42.5
The sick sheet shall be handed over to the immediate superior,
who shall forward it to the Personnel and Administration Section for
filing in the personal file of the employee.
42.6
If the doctor prescribes excused duty, the sick sheet shall be given
to the head of unit/section/department concerned and the
Personnel and Administration Section for record and necessary
action.
42.7
Where the doctor prescribes hospitalization, this shall be reported
to the head of unit/section/department and head Personnel and
Administration section as soon as possible.
42.8
In all the above cases the certification shall be made by the
approved Medical Officer or in case of emergency by any
reregistered medical practitioner.
42.9
The employee shall be entitled to certified sick leave on full pay
and half pay as provided for in the Regulations of Wages and
Terms of Employment Ordinance (CAP.300).
(a)
Up to three months of continuous illness; he/she shall be
paid full wages for each month of illness;
(b)
The following three months an employee shall be paid half
wages for each month of illness;
(c)
After expiration of three months prescribed in subparagraph
(b) above, an employee may be terminated on medicate
grounds.
42.10 Absence without approval of the Authority’s doctor entails liability
for forfeiture of salary in addition to any other disciplinary action.
42.11 The Authority shall seek the services of a medical Board to
determine the employee’s retirement on medical grounds if it
becomes clear that the employee cannot report back to work at all.
42.12 The medical documents shall be filed in the confidential personal
file of the employee.
43.0
44.0
COMPASSIONATE LEAVE
43.1
The Authority shall grant compassionate leave in case of death of
the employee’s immediate registered family member: mother,
father, wife, husband, child and any dependant of not more than
18 years.
43.2
Compassionate leave shall be granted by the Personnel and
Administration Section after consultation with the relevant
employee’s immediate superior and after obtaining objective
evidence of occurrence of death.
MATERNITY LEAVE
44.1
45.0
A female employee of the authority in respect of whom a medical
officer has given a certificate that the is expected to deliver a child,
will be entitled to a maternity leave with pay of 84 days in each
period of three years which may be taken all at once to any time
between the commencement of the seventh month of such
pregnancy and the day following the termination of pregnancy by
delivery. The period of three years shall be reckoned form the last
day of her previous maternity leave. An employee shall in relation
to any pregnancy, be deemed to have taken the whole of her
maternity leave to which she is entitled under this regulation if she
does, in relation to that pregnancy, take the whole or any part of
the pre-natal or post-natal maternity leave. An employee shall
forfeit the annual leave entitlement for the year she avails herself
of maternity leave. If she has already taken such leave she shall
forfeit her annual leave for the succeeding year. Maternity leave
with full pay may be granted to a female employee within the three
year cycle where the first pregnancy has aborted or where a child
dies within a year of its birth.
SOCIAL SECURITY BENEFITS
45.1
The Authority shall ensure that every employee is a member of a
Social Security Organization (NSS/PPF).
45.2
In the case of National Social Security Fund (NSSF), the employer
shall contribute 10% and the employee shall contribute 10% of
gross salary every month.
45.3
46.0
In the case of Parastatal Pension Fund (PPF), the employer shall
contribute 15% and the employee shall contribute 50% of gross
salary every month.
DISCIPLINE
46.1
46.2
General
(a)
Every employee shall conduct himself in a manner designed
to the interest, good name and well being of his Authority.
Any employee failing to conduct himself in such manner
through willful acts, omission or negligence may be guilty of
misconduct and subject to disciplinary action.
(b)
Misconduct is any act done without reasonable excuse by an
employee of the authority which amounts to a failure to
perform in a proper manner any duty impose
(c)
It is explained for the avoidance of any doubt that the
conviction of the Authority’s employee for any offence
whatsoever tends to bring the Authority’s service into
disrepute.
Types of Misconduct
It is misconduct for an Authority’s employee to:
(i)
Be absent from duty without leave or reasonable excuse;
(ii)
Be insubordinate; use, without consent of the relevant
authority, any property or facilities provided for the purpose
of the Authority’s service for some purposes not connected
with official duties;
(iii)
Engage in any activity outside official duties which is likely to
lead to taking improper advantage of his position in the
Authority’s service;
(iv)
Engage in any gainful occupation outside the Authority
service without the consent of the prescribed authority;
(v)
Act or omission involving moral turpitude e.g. theft, corrupt
practices;
(vi)
Act or omission which tends to bring the Authority into
disrepute;
46.3
(vii)
Refusal to comply with an order regarding carrying out
certain activities;
(viii)
Failure to perform satisfactorily any duty imposed upon the
employee;
(ix)
Disclosure of embargoed,
information of the Authority;
(x)
Act or omission which is against Authority’s interest;
(xi)
Inability to perform duties efficiently by reason of the use of
alcohol or abuse of drugs;
(xii)
Negligence occasioning loss to the Authority;
(xiii)
Gross negligence in the performance of duties;
(xiv)
Being late for duty;
(xv)
Absent from work place during working hours without
permission;
(xvi)
Indecent assault or indecently insulting employees and
superiors.
secrete
and
confidential
Disciplinary Authority
Designation
Managing Director
Heads of Departments
Heads of Sections
Heads of Units/
Technicians/
Senior Officers
Other Staff
Salary
Ranges
11
10
9
Appointing and
Disciplinary Authority
Minister for Water
Board of Directors
Board of Directors
5-8
Appointment and
Disciplinary Committee
Management Ream
1-4
Not with standing the above provision the power to interdict or
suspend any employee from the exercise of the powers and
functions of his offices shall rest in the managing director or his
appointee properly delegated.
46.4
Interdiction
46.5
(a)
If in any case the Managing Director or anyone acting on his
behalf, considers that it is in the interest of the Authority
that an employee should cease forthwith to exercise the
powers and functions of his/her office, he may interdict the
employee from the exercise of his powers and functions.
Where an employee is interdicted under this regulation, such
employee shall be informed of the reasons for such
interdiction. And employee who is interdicted shall receive
half his salary, until a final decision is made.
(b)
Where any disciplinary or criminal proceedings have been
taken or instituted against an employee under interdiction
and such employee is not dismissed or otherwise punished
under these regulations, salary withheld shall not be
restored to him upon the termination of such proceedings.
(c)
An employee under interdiction may not leave his/her station
without prior permission, in writing of the managing director
or head of Department. For the purpose of this regulation
‘salary’ means the basic salary.
LOSS OF PRIVILEGES ON DISMISSAL
Subject to the provisions of any written law for the time being in
force, an employee who is dismissed shall forfeit all rights or claims
with regard to leave, passages, terminal benefits (except his/her
own contributions to a contributory pension scheme), and other
benefits attached to his post.
GENERAL PRINCIPLES
1. – (1) The employer and the union enter into this agreement to facilitate
co-operative labour relations and to give effect to the parties’ rights
and obligations.
(2)
The employer and the union agree that fair labour relations are essential
for the effective functioning of the organisation and for the benefit of the
parties to this agreement and all employees.
(3)
The parties agree that, whilst their interests may differ, they will use their
best efforts through discussion, consultation and negotiation to resolve
any differences or disputes, which may occur. They agree to deal with
each other in good faith in accordance with this agreement, in seeking
mutually acceptable solutions to differences or disputes which occur.
(4)
The parties endorse the principle of freedom of association and recognize
the rrith of employees to belong to the union of their choice. No action
shall be taken by either party to interfere with these rights.
(5)
The employer recognizes the right of the union to run its own affairs in
accordance with its constitution, and to work for improved conditions of
employment for its members. In doing so, the union shall comply with
the terms of this agreement and any other agreement between the parties
obligations imposed by law.
(6)
The union recognizes the employer’s rights to manage its business. In
doing so, the employer will comply with the provisions of this agreement
and any other agreement between the parties obligations imposed by law.
(7)
the parties undertake not to discriminate on any ground or any other
arbitrary ground such as union membership.
(8)
The parties recognize that it is their common objective to ensure the
efficient running and growth of the organisation from which all parties
shall benefit.
(9)
The employer’s management and the union leadership, including union
representatives, undertake to encourage their constituencies to act in the
following ways:(a)
(b)
(c)
(d)
to
to
to
to
treat one another with respect and courtesy;
act in ways which develop trust;
be participative and proactive in responding to challenges;
work as partners to develop outcomes which benefit all
(10)
The union acknowledges its responsibilities to ensure that union members
and officials understand and comply with all agreements between the
union and the employer. The employer acknowledges its responsibilities
to ensure that management also understands and complies with all these
agreements.
(11)
For the purposes of this agreement:(a)
“days” means all days excluding Saturdays, Sundays and statutory
public holidays.
(b)
Unless specifically provided otherwise, words shall be interpreted in
terms of the Act.
RECOGNITION AND REPRESENTATION
2.-(1) For the purposes of this agreement, the “bargaining unit” means
employees, other than fixed term contract and casual employees,
employed in the following grades/categories – (insert /amend wording if
appropriate).
(2)
The employer recognizes the union as the exclusive bargaining agent of
employees within the bargaining unit, provided that the union represents
in excess of 50 percentum of employees within the bargaining unit.
(3)
The parties agree that the number of valid instructions to deduct union
dues from employees’ salaries, which are being processed by the
employer on the union’s behalf at any time, shall be the sole measure of
the union’s representation for the purposes of this agreement.
TRADE UNION DUES
3.–(1) A union member may authorize the employer in writing to deduct union
subscriptions from his/her salary in terms of the prescribed form.
(2)
The employer shall pay the union on or before the seventh day of the
next month, the aggregate amounts deducted each month.
(3)
The subscriptions collected by the employer shall be forwarded to the
union, together with a monthly schedule reflecting:
(a)
A list names, in the prescribed form of all members from whose
salary the employer has made dictions;
(b)
Details of the amounts deducted, the employees place of work and
period to which the deduction relates; and
(c)
A list of any employees who have ceased to be contributors since
the previous schedule provided, specifying the reasons for the
cessation of contributions.
(4)
Where the union increases its subscriptions or if it wishes to collect
additional levies from its members, the employer shall agree to implement
provided that the union gives thirty days notice in writing to the employer
and to its members, which shall expire prior to the month in which the
increase or the levy is to become effective.
(5)
The employer shall not be responsible for the collection of any arrears of
subscriptions unless the arrears are the employer’s fault.
(6)
A union member may cancel the authorization referred to in sub clause
(1), by addressing a written instruction to the employer and the union,
subject to thirty days notice. The employer shall forward to the union the
next monthly schedule referred to in sub clause (3) and a copy of any
cancellation instructions received.
ACCESS
4. (1) Union officials shall, subject to any conditions regarding time and place
that are reasonable and necessary to safeguard life or property or to
prevent undue disruption of work, have access to the employer’s premises
to:(a)
(b)
(c)
(d)
(e)
Recruit members;
Communicate with members;
Meet members in dealings with the employer;
Hold meetings for employees on the premises;
Arrange voting in any ballot under the union constitution.
(2)
The Union shall obtain the consent of management in advance, to
hold general meetings with employees at the employer’s premises.
Union officials must notify management in advance of their
intention to visit the premises.
(3)
The employer agrees in principle to make reasonable facilities
available to the union for the conduct of its business. The detail of
these arrangements shall be discussed between the parties, and
any agreements shall be recorded in writing. A notice board shall
be provided at the employee’s entrance to the employer’s premises,
for the union’s use.
RECOGNITION OF THE TRADE UNION REPRESENTATIVES
5. (1) The employer acknowledges the right of union representatives elected in
terms of the union’s constitution and in accordance with subclause (2) of
this agreement, to represent the interests of union members by
performing the functions provided under in Section 62(4) of the Act.
(2)
All union representatives shall act in a manner that attempts to promote
the objectives of this agreement.
(3)
A union representative shall obtain the consent of a manager, in advance
where duties as a union representative will take the representative away
from normal work duties.
withheld.
(4)
This consent shall not be unreasonably
Subject to the provisions of this agreement, a union representative shall
at all times comply with terms and conditions of employment, and shall
be subject to the same standards of discipline and performance that are
applicable to other employees.
ELECTION
6.-(1) Union representatives shall be elected to represent union members at
the Employer’s premises in terms of the constituencies set out in annexure
A. The union constitution shall govern the nomination, election and term
of office of the Union representatives, provided that Union representatives
elected shall be employed within the bargaining unit.
(2) Election shall be held during working hours by a secret ballot on the
Employer’s premises: The arrangements for conducting the elections shall
between the union and management prior to elections.
(3) Management may observe ballot proceedings but undertakes not to
interfere in the election of union representatives. Elections may be
conducted by a union official or any other union office bearer as defined in
its constitution.
(4) The number of women trade union representatives shall be broadly in
accordance with the level of women representation within the bargaining
unit.
(5) Where a union representative vacates his position during a term of office,
a by-election shall be held. The union representative elected to take that
person’s place will hold office for the unexpired term of office.
RIGHTS
7. -(1) Union representatives shall have the right to represent union members
during working hours in terms of this agreement, without loss of pay or
fear of victimization. Union representatives shall be entitled to reasonable
paid time off2 to perform the functions specified in Section 62(4) of the
Act,
(2) Union representatives shall be entitled to hold a meeting with union
members on the employer’s premises during working hours one a month
and that meeting shall not last long than one hour. Union representatives
shall be entitled to meet for one hour during working hours during the
week preceding the meeting, to prepare.
(3) The employer shall provide union representatives with the use of an office
to perform their duties in terms of this agreement.
(4) A union representative shall not be subjected to a disciplinary hearing,
unless five days prior written notice has been given to the union.
LEAVE
8. –(1)
Each union representative shall be entitled to take paid leave for
union business including training, conventions and conferences, for a
maximum of . . . . . days3 per annum, provided the union’s written
confirmation of the reason for the leave is provided and management’s
consent has been granted in terms of sub clauses (2). Additional leave
may be granted whether paid or unpaid or by agreement between the
parties.
(2) Union representatives shall obtain written consent from management if
they with to take time off in terms of sub clause (1), at least five days
prior to the date on which leave is required, and this permission shall not
be unreasonable withheld.
JOINT LABOUR RELATIONS TRAINING
9.-(1) The employer and the union agree in principle to joint labour relations
training for managers and union representatives, and shall meet to
discuss such training. They shall attempt to agree on the content of joint
labour relations courses and the facilitators to be used.
DISCLOSURE OF INFORMATION
10.-(1) The employer shall disclose to the union all relevant information that with
allow the union to engage effectively in consultation and/or negotiation4
and to perform its functions in terms of the agreement.
(2) Any request for information by the union shall be made in writing.
(3) The employer is not required to disclose information that:(a) Is legally privileged;
(b) The employer cannot disclose without contravening a prohibition
imposed on it by any law or order of Court;
(c)
Is confidential and, if disclosed, may cause substantial harm to an
employee or to the employer, and
(d) Is private personal information relating to an employee, unless that
employee consents in writing to the disclosure of that information.
NEGOTIATION AND CONSULTATION
11.-(1) A meeting between the Union representatives and management shall be
held once every month, provided that this may be varied by an agreement
between the parties.
(a) The purpose of these meetings is to enable the parties to
communicate, consult and negotiate on issues affecting the
employment fo the Union’s members.
(b) The parties shall provide written notification to each other at least
five days before the date of a meeting (unless otherwise agreed
between them), of the issues they wish to raise, thereby enabling
both parties to adequately prepare for the meeting. At the beginning
of each meeting, the parties shall discuss and attempt to reach an
agreement on the agenda for that meeting.
(c)
Meetings shall take place on the employer’s premises and shall
commence during normal working hours. Management shall record
the minutes of the meetings and circulate them within five days after
the meeting, and these minutes shall be approved at the next
meeting.
(d) Union officials shall be entitled to attend these meetings, provided
that at least two days prior written notice has been given to
management.
(2) Negotiations shall take place once a year between the union (represented
by its officials and representatives) and the employer, unless agreed
otherwise between the parities, for the purposes of negotiations on wages
and other substantive conditions of employment:(a) The parties agree to commence wage negotiations at least two
months before the normal annual wage review date.
(b) The parties shall, at least ten days before the date of the first
negotiating meeting (unless agreed otherwise between them),
provide written notification to each other of issues they with to raise,
thereby enabling them to adequately prepare for the negotiations.
(c)
Annual wage negotiations shall take place at the Employer’s premises
and shall commence during normal working hours. Management
shall record the minutes of each meting and circulate them within
five days after the meeting, and these minutes shall be approved at
the next meeting.
(3) In monthly meetings (sub-clause (1) above) and the annual wage
negotiations (sub-clause (2) above), the parties shall meet as often as
they as they agree to be necessary to resolve issuers. The parties agree
to work together to ensure the efficient conduct of these meetings. Any
agreements conclude shall be reduced to writing and signed by the
representatives of the parties and shall be binding for the period
stipulated in the agreement.
(4) Union representatives shall provide feedback to union members on
negotiations and any agreements concluded, in terms of sub-clause (2) of
this Agreement. Additional feedback meetings on company premises may
be agreed between the parties.
A copy of any agreements reached between the parties shall be displayed
on the notice board referred to in clause 4 (3) of this Agreement, unless
otherwise agreed between the parties. The employer shall have the right
to communicate with its employees at any stage.
(5) The parties shall use their best endeavours to reach a consensus during
negotiations as quickly and as effectively as possible. If a consensus has
not been reached or concluded within a minimum of two meetings, either
party may declare a dispute in terms of clause 12 below; provided that
the parties may agree to continue to meet without declaring a dispute,
notwithstanding two or more meetings having being held.
DISPUTE PROCEDURE
12.-(1) The Employer and the Union shall negotiate in good faith and use their
best endeavors to reach mutually acceptable solutions to all disputes
which arise between them, and they shall consult each other when they
anticipate that disputes may arise. They agree to use the procedure
below in an attempt to settle disputes, which arise through negotiations
in terms of this clause.
(2) Either party may declare a dispute in writing to the other party, setting
out the nature of the dispute and a proposed settlement.
(3) The party receiving a declaration of dispute in terms of sub clause (2),
shall within five days respond in writing, setting out its understanding of
the nature of the dispute and its proposed settlement.
(4) Within ten days of the declaration of the dispute or on a mutually agreed
date, a meeting shall be held between the parties in an attempt to resolve
the dispute. Further meeting may be held by mutual agreements
between them and the parties shall use their best endeavours to resolve
the dispute.
(5) the parties recognize their commitment in terms of clause 13 to minimize
the possibility of industrial action and undertake to consider referring
unresolved disputes to mediation, arbitration (whether of the binding or
advisory nature), or any other constructive method for resolving a
dispute.
(6) Notwithstanding anything else contained in this Agreement, either party
may use the dispute procedures of the Act:(a) if negotiations are deadlocked and both parties agree to use those
procedures; or
(b) since the dispute was declared, the parties have met on at least two
occasions or fifteen days have elapsed, and agreement still has not
been reached; or
(c)
if the other party is in breach of its obligations in terms of this
Agreement or in law.
(7) The parties shall use their best edeavours to resolve disputes between
themselves without having to resort to the Act.
Even in the dispute
machinery in the Act has been invoked; the parties may continue to meet
in an attempt to resolve the dispute.
13.–(1) The employer and the union agree that they shall not cause, take part in
or support any industrial action, without first exhausting the negotiation
and dispute procedures in this agreement and thereafter having
complied with the requirements of the act. For the purposes of this
agreement, “industrial action” means a strike or lockout as defined in the
Act.
(2) The union undertakes to take all reasonable steps to endure that its
officials and members do not breach the provisions of this agreement, and
the employer similarly undertakes to take all reasonable steps to ensure
that its management does not breach the provisions of this agreement.
Both parties agree to take all reasonable steps to remedy any breach that
may occur.
(3) Either party shall be entitled to exercise its rights to deal with misconduct
or criminal conduct or serious breaches of this agreement during industrial
action.
(4) Where the union engages in a strike in accordance with Part VII of the
Act, it shall: (a) Allow non-striking employees to continue working without unlawful
interference;
(b) Allow the employer to continue with its ordinary business, including
access to and exit from the employer’s premises by staff, customers,
suppliers and any other third parties;
(c)
Not, either on or of the employer’s premises, intimidate, threaten or
harass any non-striking employees or any other persons;
(5) The union and/or its members shall, during industrial action, leave the
employer’s premises immediately if requested to do so by the employer.
The union and/or its members shall not unlawfully occupy the employer’s
premises.
(6) The parties agree that it is vital that contact be maintained between the
employer and the union during any industrial action. For this purpose, the
employer and the union shall, within 24 hours of any notification of
industrial action having been given advise each other of the name and
telephone contact details of their duly authorized representative(s) who
will be contactable at all times during any industrial action.
(7) Where union members participate in a strike in contravention of this
agreement or the The Employment and Labour Relations Act, 2004 then
the following shall apply: (a) The employer shall as soon as possible advise the union, and shall
afford the union an opportunity to remedy the breach;
(b) The employer may issue an ultimatum in clear and unambiguous
terms, stating what is required of the employees concerned and what
sanction will be imposed if they do not comply with the ultimatum.
The employees should be allowed sufficient time to reflect on the
ultimatum and respond to it.
(8) Where repeated or intermittent industrial action occurs, or if
circumstances are such that the employer cannot reasonably be expected
to do so, the employer shall not be required to comply with the
requirements set out in clause 9 (7).
(9) Where either party causes, participates in or supports industrial action,
which is unlawful, or in breach of this agreement, the other party shall
have the right to use any lawful means to protect its interests.
BREACH AND TERMINATION
14.-(1) This agreement shall come into operation effective on the date of
signing.
(2) This agreement may be terminated as follow;
(a) after the expiry of three calendar months of either party giving the
other written notice of termination of the agreement; or
(b) if the employer gives written notice to the Union that its
representation may have fallen below 50 percentum of the
bargaining unit, and the union fails to substantiate its membership as
being in excess of 50 percentum within three calendar months, the
employer shall be entitled to summarily terminate this agreement by
way of a written notice to the union.
(3) If a party (the defaulting party) fails to fulfill any of its obligations in terms
of this agreement and subsequently fails to remedy the breach within five
days of receiving written notice of the breach from the other party (the
aggrieved party), the aggrieved party shall be entitled to refer a dispute to
mediation by the Commission. If mediation is unsuccessful, either party
may refer the dispute to the Labour Court.
ADDRESSES AND NOTICES
15.-(1) For the purposes of this Agreement, the giving of notices and the serving
of legal processes, including requests for meetings the parties choose
the physical localities at which documents may be served:5
EMPLOYER: . . . . . . . . . . . . . . . . . . . . .
UNION: . . . . . . . . . . . .
(2) The parties may at any time change their stated address by notice in
writing, provided that it includes a physical address at which documents
may be served.
(3) Any document served in connection with this Agreement shall be
delivered by hand, sent by prepaid registered post, or sent by fax. If sent
by registered post, it shall be deemed to have been received on the 7th
day after posting.
GENERAL
16.-(1) No relaxation or indulgence which the employer or the union may
grant to the other party shall constitute a waiver by the former of any
of its rights under this agreement.
(2) This agreement constitutes the entire agreement between the parties
and no amendments shall be binding unless the amendment is
reduced to writing and signed by both parties.
Form No. .. . . . .
GUIDELINES FOR DISCIPLINARY, INCAPACITY AND INCOMPATIBILITY
POLICY AND PROCEDURES
INTRODUCTION
1.–(1) The purpose of these guidelines is to provide for a fair procedure to be
applied:(a) if the conduct of an employee is unacceptable;
(b) if an employee is incapable of rendering satisfactory service due to ill
health injury or poor work performance; or
(c) in cases of incompatibility.
(2) Employees are expected to carry out their duties effectively and conduct
themselves in a reasonable manner so that any act shall at all time be in
accordance with the policies and rules existing within an organisation.
(3) An employer shall apply disciplinary measures, where possible in a
corrective manner, and ensure that employees comply with the rules
and policies governing their employment.
(4) This procedure serves as a guide and should be implemented in a
specific offence is not provided for in these rules in a flexible manner.
Management may deviate from it in appropriate circumstances if a
specific offence is not provided for in the Rules.
(5) These guidelines does not provide for procedures to be followed in the
event of unlawful strikes. That action must be dealt with in accordance
with applicable legislation and the Rules.
COUNSELING AND VERBAL WARNINGS
2.-(1) The primary aim of disciplinary measures is to correct employees’
behaviuor, in order to ensure that they conduct themselves in an acceptable
manner. The primary means of achieving this objective should be the
counseling of employees by supervisors or managers, who should explain to
employees what is expected of them. If this does not achieve the desired
objectives, stronger action may be required.
(2) If an employee commits minor misconduct or performs poorly, the action
take should be a verbal reprimand coupled with an instruction from the
employee’s manager to correct the behaviour.
These reprimands
constitute informal corrective action and will not be reflected on the
employee’s personal file.
WRITTEN WARNINGS
3.-(1) A written warning may be issued by a supervisor or manager, if the work
performance or conduct of an employee has not improved following
counseling or verbal warnings or if the misconduct or work performance
requires stronger action then a verbal warning.
(2) The manager should inform the employee of the reasons for the action,
and to give the employee an opportunity to make representations. During
this process, the employee may have a representative appointed to be
present. This process should not be constituted as a formal hearing.
(3) After having considered any representations made, the manager should
decide whether or not to give the employee a written warning. Any
warning should be issued to an employee personally and in accordance
with the prescribed form, and a copy of the completed form should be
given to the employee.
(4) Where an employee is aggrieved by a written warning, the employee may
complete the appropriate part relating to appeal of the employee’s copy of
the warning form within five working days after receipt, and hand it to the
manager who issued the warning.
(5) The appeal should be referred to the next level of management above the
level of the manager who issued the warning.
(6) The manager considering the appeal should consider the written
representations contained on the form andy amy speak to the persons
concerned to obtain additional information, but no formal bearing should
take place.
(7)
The Manager considering the appeal should personally advise the
employee of the outcome of the appeal within five working days from the
date of receipt. The manager should record the outcome on the
appropriate part of the original warning form and the employee’s copy
and return it to the employee.
DISCIPLINARY HEARING
4.-(1) Senior manager6 should be appointed as chairperson to convene a
disciplinary hearing in the event of:(a) further misconducts following a written warning or warnings: or
(b) repeated written warnings for different offences; or
(c)
allegations of serious misconduct such as those referred to the Rules
relating to termination of employment, and which could on their own
justify a final written warning or dismissal.
(2) The chairperson of the hearing should be impartial and should not, if
possible, have been involved in the issues giving rise to the hearing. In
appropriate circumstances, a senior manager from a different office may
serve as chairperson.
(3) The employee should be advised in writing of the allegations and the time
and date of the proposed hearing, giving the employee a reasonable
opportunity to prepare for the hearing.
(4) The employee should be informed of the right to choose another
employee to present him at the hearing to provide assistance. The
employee providing assistance may be a trade union representative.
(5) The employee and the representative or representatives are entitled to be
present at all times during the hearing and should be informed of the
facts of the case against the employee. An interpreter should be provided
by the employer, if required.
(6) A management representative should present the case in support of the
allegations against the employee and the employee should be given an
opportunity to respond to the allegations at the hearing parties shall have
the right to call witnesses and question any witnesses called by the other
party.
(7) After hearing the evidence, the chairperson should make a decision based
on a balance of probabilities as to whether the employee is guilty of the
allegations or not. If the chairperson is undecided, the employee should
be given the benefit of the doubt.
(8) The question of guilt and the penalty to be imposed should be considered
separately and the employee or the representatives is entitled to make
representations in regard to an appropriate penalty. Mitigating and
aggravating factors to be considered should include the:(a) seriousness of the offence and the likelihood of repetition;
(b) employee’s circumstances (including personal circumstances, length
of service and previous disciplinary record);
(c)
nature of the employee’s job (including health and safety
considerations); and
(d) circumstances of the infringement itself.
(9) The chairperson should inform the employee of the outcome of the
hearing as soon as possible, but not later than five working days after the
hearing, giving brief reasons for a decision. The chairperson should sign
the disciplinary form and give copy to the employee.
(10) Where the employee is given a final written warning, it should be made
clear that any further misconduct of a similarly nature whilst the final
written warning is operative, may result in termination of employment. In
appropriate circumstances, the chairperson may issue a comprehensive
final written warning, which specified that any further misconduct of
whatever nature whilst the final warning is operative, may result in
termination of employment.
(11) Termination of employment should only take place in cases of serious or
repeated misconduct, when the employer is justified in concluding that the
misconduct has made the employment relationship intolerable to be
continued. When considering whether a termination for misconduct is
fair, the chairperson should consider the flowing:(a) whether the employee contravened a rule or standard regulating
conduct relating to employment.
(b) whether such a rule or standard contravened was:(i)
(ii)
(iii)
(iv)
(v)
reasonable;
clear and unambiguous;
known, or ought to have been known, by the employee;
consistently applied; and
sufficiently serious to justify dismissal
(12) An employee may appeal against the outcome of a hearing by completing
the appropriate part of the copy of the disciplinary form and give it to the
chairperson within five working days of being disciplined, together with
any written representations the employee may wish to make. The
chairperson must within five working days refer the matter to the more
senior level of management, with a written report summarizing reasons
for the disciplinary action imposed. The appealing employee must be
given a copy of this report.
(13) The Manager considering the appeal must take into consideration the
documents provided. An appeal should not constitute a re-hearing of the
entire case but is should focus specifically on the grounds for appeal and
be decided on the basis of the written submissions provided. The
Manager considering the appeal may however arrange a further hearing
to consider evidence and argument relating to the appeal, in this event
the employee may be assisted by a representative.
(14) The Manager considering the appeal must record the outcome of the
appeal in the appropriate part of the original disciplinary form and return
the copy to the employee.
(15) An employee wishing to challenge the outcome of the appeal, may utilize
dispute mechanisms contained in the Employment and Labour Relations
Act.
The time period within which to exercise these rights shall
commence from the date the employee is advised of the outcome of the
appeal.
SUSPENSION
5.-(1) In circumstances of serious misconduct or incapacity a senior manager
may suspend an employee from work pending an inquiry. An employee
may be suspended if the employee’s presence would obstruct the
investigation into the alleged offence or if the employee’s presence could
create difficulties at the workplace. An employee who is suspended by
management under these circumstances must be paid basic wage for the
period of suspension.
(2) Management may, in appropriate circumstances and with the consent of
the employee, suspend an employee without pay for a maximum period of
thirty days, as a form of disciplinary action. This suspension should be
accompanied by a final written warning, which runs from the time the
employee recommences employment. Suspension without pay should be
used for offences which justify a more serious penalty than a final written
warning, but where the employment relationship has not irreparably
broken down.
(3) An employee should be given a written notice of any suspension, which
should briefly describe the reasons for the suspension and any conditions
applicable.
INCAPACITY: POOR WORK PERFORMANCE
6.-(1) In cases of alleged poor work performance by an employee, a Manager
should consult the employee to identify and analyses the problem. The
employee should given an opportunity to account for the poor work
performance.
(2) Where the manager believes that it is a matter constituting misconduct, it
should be dealt with in terms of the procedures outlined the Rules.
(3) Where the manager believes it is a matter constituting incapacity on the
part of the employee concerned, a process of consultation and counseling
between management and the employee should take place in an attempt
to rectify the problem. The process may include appropriate evaluation,
training, instruction, guidance or counseling and should provide for a
reasonable period of time for improvement.
(4) Where the employee continues to perform unsatisfactorily, the employer
should warn the employee that employment may be terminated if there is
no improvement. An opportunity to improve may be dispensed with if:
(a) the employee is a manager or senior employee whose knowledge
and experience qualify him or her to judge whether he or she meets
the standards set by the employer; or
(b) the degree of professional skill that is required is so high the
potential consequences of the smallest departure from that high
standard are so serious that even an isolated instance of failure to
meet the standard may justify termination.
(5) Prior to decision making to terminate the employment of an employee for
poor work performance, management should call a meeting with the
employee, who should be allowed to have a fellow employee or trade
union representative present to provide assistance. At the meeting,
management should provide reasons for the action to be taken and allow
the employee and/or the representative to make representations, before
making a decision. Management should consider any representations
made and if these are not accepted explain why. The outcome of the
meeting should be communicated to the employee in writing, with brief
reasons.
(6) When considering whether a termination for incapacity in respect of poor
work performance is fair, management should consider the following:(a) whether or not the employee failed to meet a performance standard;
(b) if the employee failed to meet the required standard, whether or
not:(i)
the employee was a ware or ought to have been aware, of the
standard;
(ii)
the performance standards are reasonable;
(iii) the employee was given a reasonable opportunity to meet the
standard and the reason for the failure to meet the standard;
and
(iv) the dismissal was the appropriate sanction.
INCAPACITY: ILL-HEALTH AND INJURY
7.-(1) In cases of alleged incapacity of an employee due to ill health or injury, a
Manager should consult the employee to identify and analyse the problem.
The Manager should be guided by the opinion of a registered medical
practitioner in determining the cause and degree of any incapacity and
whether it is of a temporary or permanent nature.
(2) The parties should use their best endeavours during this process to agree
on solutions to the problem. Consideration should be given to the extent
of the incapacity and whether it is temporary or permanent, and possible
alternatives to termination should be considered.
(3) Prior to decision-making termination of the employment of a employee for
ill health or injury, management should call a meeting with the employee,
who should be allowed to have a fellow employee or trade union
representative present to provide assistance.
At this meeting,
management should provide reasons for the action to be taken and allow
the employee and/or the representative to make representations, before
decision-making. Management should consider any representations made
and if not accepted, explain why. The outcome of the meeting should be
communicated to the employee in writing, with brief reasons.
(4) When considering whether a termination arising from ill health or injury is
fair, management should consider the following:(a) Whether the employee is able to perform the work; and
(b) if the employee is incapable:(i)
the extent to which the employee is unable to perform the
work;
(ii)
the extent to which the employee’s work circumstances might
be adapted to accommodate the disability or if not possible, the
extent to which the employee’s duties might be adapted; and
(iii) the availability of any suitable alternative work or employment
INCOMPATIBILITY
8.-(1) Incompatibility may constitute a fair reason for
employment. There are two types of incompatibility:-
termination
of
(a) unsuitability of the employee to his or her work due to his or her
character or disposition; and
(b) incompatibility of the employee in his or her work environment, in
that he or she relates badly with fellow employee, clients or other
persons who are important to the business.
(2) Incompatibility is treated in a similar way to incapacity for poor work
performance.
(3) The steps required in Clause 6 are applicable, read with changes required
by the context. In particular, the employer should:(a) record the incidents of incompatibility that gave rise to concrete
problems or disruption; and
(b) warn and counsel the employee before termination. This should
include advising the employee of the conduct who has been
adversely affected by that conduct, and the remedial action
proposed.
(4) Before terminating employment on this ground, the employer should give
the employee a reasonable opportunity to:(a) consider and reply to the allegation of incompatibility;
(b) remove the cause for disharmony; or
(c) propose an alternative to termination
GENERAL
9.-(1) Disciplinary action should be recorded on the prescribed forms. An
employee’s signature on any form shall not be an admission of guilt and is
merely an acknowledgement that the employee has received the form.
(2) Written warnings and final written warnings should be kept on an
employee’s personal file and should remain operative for six months.
(3) Where an employee or a representative unreasonably frustrates or delasy
the implementation of the processes provided in the Rules, management
is entitled to proceed in their absence.
(4) The levels of responsibility for managing discipline as indicated in the Rule
may have to be varied in cases where senior managers are being
disciplined. Appropriate senior managers should be used for these
purposes, and consideration may also be given in certain circumstances of
bringing in outside persons to fulfill functions such as chairing inquiries
involving senior managers.
(5) It is recognized that an employee’s misconduct may in certain
circumstances result in criminal proceedings being instituted against the
employee (e.g. cases of theft or assault). A clear distinction should be
instituted and decided fairly, irrespective of the process and outcome of
any criminal proceedings instituted.
DISCIPLINARY PROCEDURE
This Disciplinary procedure applies to all employees and is a guide for
appropriate disciplinary action. As such, it does not detract from management’s
right to depart from it depending on the circumstances of each case it aims to
achieve flexibility and consistency, and to ensure fairness in the application of
disciplinary actions.
The list of offences is not exhaustive and an employer may discipline any
employee for good cause even though the specific offence may not be stated in
this procedure.
The penalties relate to the commission of the offence in isolation. The existence
of any previous warnings and other material factors should be taken into account
in deciding on the appropriate disciplinary action.
OFFENCES FOR WHICH WARNINGS MAY BE GIVEN
ABSENCE
1.
Late for work, leaving work place without permission or general time
keeping offences.
2.
Absence from work without permission or without acceptable reason for
up to five working days.
INSTRUCTIONS
3.
Failure to carry out reasonable instructions of the employer.
WORK PERFORMANCE
4.
Poor work performance without acceptable reason.
5.
Doing unauthorized private work or matters at the workplace.
PROPERTY
6.
Causing damage or loss to the employer’s property or other property (e.g.
property belonging to other employee, customer, client or members of the
public), either though negligence or failure to carry our instructions.
7.
Misuse or neglect of the employer’s property.
BEHAVIOUR
8.
Unacceptable behaviour towards customers, clients fellow employees or
member of the public.
GENERAL
9.
General offences and breaches of organizational rules.
OFFENCES WHICH MAY CONSTITUTE SERIOUS MISCONDUCT AND
LEADING TO TERMINATION OF AN EMPLOYEE8
ABSENCE
1.
Absence from work without permission or without acceptable reason for
more than five working days.
INSUBORDINATION
2.
Commission of serious or repeated act of insubordination at the employer
or during working hours against the employer.
POOR WORK PERFORMANCE
3.
Habitual, substantial or willful negligence in the performance of work.
4.
Unacceptable work performance, behaviour or consistent
performance below average despite at least two written warnings.
5.
Dishonesty or any other major breach of trust.
6.
Gross incompetence or inefficiency in the performance of work.
7.
Lack of skill, which the employee expressly or impliedly claimed to
possess.
work
PROPERTY
8.
Causing serious damage (real or potential) to or loss of the employer’s
property or other property (e.g. belonging to other employees, customers
or clients), either through gross negligence or willful damage.
9.
Theft or unauthorized possession of the employer’s property or other
property 9e.g. belonging to other employees, customers, and clients).
10.
Fraud or misappropriation of organisational funds.
BEHAVIOUR
11.
Abusive behaviour, assaults, threatened assaults or other unacceptable
conduct towards other employees, customers, clients, or member of the
public.
12.
Being under the influence of alcohol or drugs whilst at work or consuming
alcohol or drugs whilst on duty.
GENERAL
13.
Other serious breaches of organizational rules or policy which have the
effect of causing an irreparable break down in the employment
relationship.
14.
Criminal convictions relating to an offence which impacts directly or
indirectly, on the employment relationship.
Part I
(To be completed by the manager conducting the hearing)
1.
Name of employee: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.
Name of chairperson: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.
Summary of allegations against employee: . . . . . . . . . . . . . . . . . . . . . . .
......................................................
......................................................
......................................................
4.
Date and time which the employee was informed of the hearing:
......................................................
5.
Date and time of hearing: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.
Persons present at hearing (excluding witnesses) and their designations:
......................................................
......................................................
......................................................
......................................................
7.(a) Employee does/does not with to have a representative present (delete
whichever does not apply). Name of representative:
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
7.(b) Employee does/does not with to have an interpreter (delete whichever
does not apply). Name of the interpreter:
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
8.
Brief summary of employee’s response to allegations:
......................................................
.............................
......................................................
9.
Summary of evidence, main points of evidence (names and designations
of witnesses giving the evidence) (additional paper to be used if sufficient
space is not available on this form:
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
..........................
10.
Manager’s findings, based on the evidence presented:
......................................................
......................................................
......................................................
......................................................
.............................
11.
Relevant factors to be taken into account in deciding on the appropriate
penalty:
......................................................
......................................................
......................................................
......................................................
..........................
12.
The outcome of hearing: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......................................................
......................................................
......................................................
......................................................
.......................
Manager’s signature: . . . . . . . . . . . . . . . . . . . . . . . . . date:. . . . . . . . .
Employee’s signature: . . . . . . . . . . . . . . . . . . . . . . . . . date:. . . . . . . .
PART II
EMPLOYEE
(To be completed within five working days of action having been taken, by an
employee wishing to appeal)
I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . wish to appeal against the
outcome of the hearing for the following reasons:
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
In terms of this appeal, I ask that the following action be taken wherefore, I ask
for the following actions to be taken:
...........................................................
Employee’s signature: . . . . . . . . . . . . . . . . . . . . . . . . . date:. . . . . . . . . . . . .
Received by the manager on this . . . . . . . . . . . . . day of . . . . . . . . . . . .20 . . .
Signature:. . . . . . . . . . . . . . . . . . . . . . . . .
PART III
EMPLOYER
(To be completed by the Senior manager hearing the appeal)
Date received: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Findings of the appeal:
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
Outcome of the appeal: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................
...........................................................
Senior Manager’s signature: . . . . . . . . . . . . . . . . . . . . . . . . . date:. . . . . . . . .
Employee’s signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . date:. . . . . . . . .
GRIEVANCE PROCEDURE
INTRODUCTION
1.-(1) These guidelines for grievance procedure is a guidance and shall be
applicable employers and employees and their organizations.
(2) The objectives of these procedures are:(a) to provide for a process for resolving employee’s grievances;
(b) to settle grievances as near as possible to their point of origin;
(c)
to ensure that the employer treats grievances seriously and resolves
them as quickly as possible; and
(d) to ensure that employees are treated fairly and consistently by the
employer.
(3) Management and employees, at all levels within an organization, shall
give careful consideration to grievances raised and should use their
conflict resolution skills to resolve grievances
(4) All employees and managers shall treat one another with sensitivity and
respect.
(5) Where a grievance is lodged an employee’s employment should not be
prejudiced in any way whatsoever.
(6) the employee has a right to be accompanied and assisted by a fellow
employee or by a trade union representative in dealing with a grievance
at all stages.
INFORMAL GRIEVANCE PROCEDURE
2.-(1) An employee should be entitled to use this procedure when it is within a
reasonable period from when the grievance occurred.
(2) In the interests of maintaining good working relations, an aggrieved
employee is encouraged to first discuss any grievance verbally with his
immediate manager. Provided that, this shall not be required if it would
be unreasonable to expect the employee to do so. Where the grievance
concerns that immediate manager, the employee may proceed directly to
stage one of this procedure.
(3) Where the manager fails to resolve the grievance to the employee’s
satisfaction within five working days or any other agreed period between
them, the aggrieved employee may complete a formal grievance form and
refer the matter to stage one, to be dealt with by a much senior manager.
FORMAL GRIEVANCE PROCEDURE
STAGE ONE
3.-(1) The employee must outline the grievance in writing and suggest for a
possible remedy in the prescribed formal grievance form. The Manager
who dealt with grievance in the informal grievance stage fill, the steps
taken to resolve the grievance comment; and any suggested remedies.
(2) Where the employee’s immediate manager deals with grievances at Stage
two of this procedure, the employee should discuss the grievance verbally
with the person in terms of sub clause (2) of clause before completing a
formal grievance form. Stage two of this procedure shall be dealt with by
a senior manager.
STAGE TWO
4.-(1) Once the manager dealing with the grievance in stage tow has received a
formal grievance form, should invite the aggrieved employee to attend a
grievance meeting to discuss the matter and should use best endeavors to
resolve the grievance within ten working days or any other period agreed
between them.
(2) The Manager dealing with the grievance in this stage may agree with the
employee and the employee’s representative, on the appropriate
procedure to followed in each case. This may involve calling a meeting of
aggrieved parties, and facilitation of mediation, arbitration, a commission
of inquiry or any other procedure that may be deemed appropriate in the
circumstances.
(3) Where it happens that the employee is still aggrieved, notwithstanding the
efforts to resolve the disputes in terms of sublease 2 the employee may
use means available in law for the protection for the employee’s rights.
FORMAL GRIEVANCE FORM
(To be completed by the employee lodging the grievance in terms of stage 2 of
the grievance procedure)
Name of the employee: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sex: . . . . . . . .
Cause of the grievance: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................
...........................................................
Solution sought:
...........................................................
...........................................................
...........................................................
The signature of the employee: . . . . . . . . . . . . . . . . . . . . . . date: . . . . . . . . .
The signature of the employee’s representative: . . . . . . . . . . . . . . . . . . . . . . . .
date: . . . . . . . . . . . . . . . . . . . . . .
(To be completed by the Manager who dealt with the grievance in the informal
grievance stage and stage one of the formal grievance procedure) (unless not
applicable in terms of clause 2 (2) of the informal grievance stage)
...........................................................
...........................................................
...........................................................
Date received: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name of the Manager:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Steps taken to resolve grievance:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................
...........................................................
...........................................................
Comments about the grievance: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................
...........................................................
...........................................................
Remedy proposed by the Manager dealing with the grievance
...........................................................
...........................................................
...........................................................
Outcome:
...........................................................
...........................................................
...........................................................
...........................................................
Manager’s signature: . . . . . . . . . . . . . . . . . . . . . . . . date: . . . . . . . . . . . . . . .
PART III
MANAGER
(To be completed by the Manager dealing with the grievance in terms of stage
two of the informal grievance procedure)
Date received: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Senior manager’s comments: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................
...........................................................
...........................................................
Outcome: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................
...........................................................
...........................................................
...........................................................
..........................
..............
The signature of the Senior Manager
Date
..........................
..............
The signature of the employee
Date
..........................
..............
The signature of the employee’s
Representative
Date
GRIEVANCE PROCEDURE OUTLINE
Informal
Grievance
Stage
Grievance
Raise with Manger
Unresolved
(5 working days)
Stage 1
Complete form
Resolved
Stage 2
Meeting
Agreed
Options
-
Unresolved
(10 working
days)
Facilitation
Mediation
Arbitration
Inquiry
Other
Resolved
Employment and
Labour Relations Act
46.6
Disciplinary Procedure
(a)
Whenever an employee is charged of an offence which calls
for a penalty other than a reprimand, the appropriate
disciplinary authority shall cause an enquiry to be made on
the alleged offence and shall call for a full report on the
investigation in writing.
The appropriate disciplinary
authority shall study the facts, decide on the penalty to be
imposed and proceed to impose the penalty.
(b)
In the case of an employee whose disciplinary proceedings
are regulated by the Security of Employment Act 1964
(hereinafter called the Act) the Disciplinary authority shall
follow the procedure laid down in the Act. In any other
case, disciplinary proceedings may be formal or summary.
(c)
46.7
46.8
For the purpose of this Regulation:- “Formal proceedings”
means proceedings likely to result in dismissal, reduction in
rank, termination of appointment or reduction in salary of
the employee should he/she be found guilty of the offence
charged against him/her. “Summary proceedings” shall be
instituted where the alleged offence is not of such gravity as
to warrant a dismissal, reduction in rank or reduction in
salary.
Procedure in Formal Proceedings
(a)
No formal proceedings for disciplinary offence shall be
instituted against an employee unless he has been served
with a copy of the charge setting out the nature of the
offence which he is alleged to have committed. Every
disciplinary charge shall state briefly the nature of the
offence which the accused is alleged to have committed, and
shall set out in a concise form the allegations made against
the accused employee. After the charge has been drawn up
it shall be served upon the employee. Every charge shall be
accompanied by a notice addressed to the accused
employee inviting him/her to state in writing, within such
period as may be specified in the notice, the grounds upon
which he/she relies to exculpate himself.
(b)
No formal proceedings instituted under these regulations
shall be invalid by reason only of an irregularity in the
formulation of the charge. Where an employee has been
served with a charge and he fails to make representations in
writing giving ground upon which he relies to exculpate
himself/herself within the period specified in the notice
accompanying the charge or make representation which in
the opinion of the Disciplinary Authority do not amount to a
complete defence of the offence of which the accused
employee is charged, the Disciplinary authority shall:(i)
Himself/herself conduct an inquiry in to a charge, or
(ii)
Appoint an inquiry officer to hold inquiry into the
charge
INQUIRY OFFICER
46.9
(a)
No person shall be appointed an Inquiry Officer unless
he/she is of a rank higher than the rank held by the accused
employee.
(b)
Where the officer conducting the inquiry is of the opinion
that it will be desirable for him/her to be assisted in the
conduct of the inquiry by persons who may be more
conversant with any professional or technical matter likely to
arise in the course of the proceedings, he/she may request
the assignment of not more than two officers with the
necessary qualifications and experience to assist him/her.
The report of the enquiry officer shall not contain
recommendations as to the form or nature of the
punishment or disciplinary action to be taken.
PROCEDURE IN SUMMARY PROCEEDINGS
(a)
Where the disciplinary authority decides to institute
summary proceedings against an employee, it shall cause a
statement giving particulars of the charge or charges to be
prepared and served upon him/her.
The disciplinary
authority shall appoint a day, date, time and place for the
investigation of the charge or charges and shall give the
accused employee notice of the same.
The accused
employee shall have the right to be present at the
investigations of the charge or charges and shall give the
accused employee notice of the same.
The accused
employee shall have the right to be present at the
investigations and make his/her defence; provided that
failure by the accused employee to be present at the
investigation shall not invalidate the proceedings. The
investigation of the charge or charges shall be carried out in
such manner as the Disciplinary Authority may determine.
Upon the conclusion of the investigation the disciplinary
authority shall make a finding whether in its opinion the
accused employee is guilty of the offence or offences with
which he has been charged and if the disciplinary authority
finds the accused employee guilty, he shall proceed toward
such punishment as the may consider appropriate.
In cases involving acts of commission or omission resulting
into a loss to the Authority or where such loss could have
accrued, the investigations by the Internal Auditor shall be
taken to constitute an inquiry and the finding shall be take
as the findings of an inquiry under this regulations provided
that the report of the enquiry officer shall not contain certain
recommendation as to the form or nature of punishment to
be awarded or disciplinary action to be taken. Provided that
under no circumstances shall an investigation and findings
under this Regulation result in the accused employee being
punished by:(i)
(ii)
(iii)
(iv)
Dismissal; or
Termination of appointment; or
Reduction in rank; or
Reduction in salary.
46.10 Procedure in disciplinary offence
Amounting to criminal offence
(a)
(b)
Where an employee is alleged to have committee a
disciplinary offence which also constitutes a criminal offence
under any written law, and proceedings for the criminal
offence (hereinafter referred to as “criminal proceedings”)
are instituted against him/her and completed in a court of
law, if the employee is:
(i)
Acquitted of a criminal charge or charges and no
disciplinary proceedings have been taken or
completed against him/her such acquittal shall not be
a bar to disciplinary proceedings arising out of his
conduct in this matter, and such disciplinary
proceedings may be continued or instituted against
the employee and he may be punished as if no
criminal proceedings had been instituted against him;
(ii)
Charged with a criminal offence the appropriate
disciplinary authority may suspend the employee from
the exercise of the powers and function of his office
on half salary pending consideration of his case under
the provisions of this regulation.
Where an employee has been convicted of a criminal
offence, he shall be deemed to have been guilty under the
provisions of these regulations of a disciplinary offence
based upon the same charge of which he was convicted, and
the Disciplinary Authority shall, without continuing or
instituting any disciplinary proceedings proceed to punish
the employee. Provided that no employee shall be punished
under this paragraph until after he has been served with a
notice specifying:-
(c)
(i)
The disciplinary offence of which he is deemed, under
the provision of this paragraph, to have been found
guilty.
(ii)
The punishment which, the disciplinary authority
proposes to impose.
(iii)
The time within which such employee may make such
plea in mitigation as he may consider fit, and without
the disciplinary authority having taken into
consideration any plea made by the employee within
the time specified in the notice.
Where an employee has been convicted of an offence and
prior to the commencement of the criminal proceedings he
was found guilty by a disciplinary authority of disciplinary
offence based on the fact or upon which the subsequent
criminal charge was based, the disciplinary authority, may
upon the conclusion of the criminal proceedings, substitute
for the disciplinary punishment imposed upon the accused
employee in respect of the disciplinary offence, any other
disciplinary punishment which in the opinion of the
disciplinary authority, is warranted in view of the conviction
of the employee of the criminal offence or in view of any
evidence adduced at the criminal proceedings. For the
purpose of this Regulation, criminal proceedings shall be
deemed to have been concluded:(i)
Where there has been no appeal against the
conviction or acquittal, upon the expire of the time
allowed for such appeal by or under any written law.
(ii)
Where there has been no appeal against the
conviction or acquittal upon the expiry of the time
allowed by or under any written law for any further
appeal. Where there has been an appeal or further
appeal against any conviction of acquittal, the
judgment of the appellate tribunal shall be taken into
consideration in determining weather the employee
has been convicted or acquitted. Nothing in the
proviso to paragraph (b) shall be construed as
precluding the Disciplinary Authority from instituting
disciplinary proceedings against the employee
convicted of a criminal offence independent of his
conviction of such criminal offence. Provided that
where the Disciplinary Authority institutes disciplinary
proceedings against an employee independent of his
conviction of a criminal offence, the, in the event of
an appeal or further appeal against such conviction
the provisions of sub-paragraph (i), (ii) and (iii) of
paragraph (a) shall apply. Where consequent upon
his conviction of a criminal charge involving fraud or
dishonesty or negligence occasioning loss to the
Authority an accused employee is punished by
dismissal from the service for a similarly disciplinary
offence based on the same facts after formal
proceedings having been taken against hi, his
dismissal shall take effect from the date upon which
he was convicted of the criminal offence.
46.11 MACHINERY OF APPEAL
(a)
Where under the Regulations any punishment is imposed
upon an employee by a Disciplinary Authority such employee
may appeal against such decision to the next higher
Disciplinary Authority, through normal channels and if not
satisfied, through the same channels to the highest organ,
that is the Board of Directors. (Prime Minister in the case of
the managing Director).
(b)
Where an employee desires to appeal under subparagraph
(a) above of these Regulations against any decision, he shall
within ten days of the receipt by him of the decision give
notice in writing to the appellate authority, of his intention to
the appeal and shall within thirty days of such receipt,
submit his petition of appeal to such authority.
(c)
An appellate authority shall, on receipt of notice petition
under sub-paragraph (b) above serve a copy such notice on
petition upon the person or authority against whose decision
the appeal is brought.
(d)
On an appeal under this regulation the appellate authority
may, in its absolute discretion, allow both the appellant and
the deciding authority whose decision is being appealed
against r either of them an opportunity to be head in
support f r as the case may be against the appeal.
(e)
46.2
In every disciplinary proceedings and in every appeal under
these regulations, the accused shall be entitled to a copy of
the findings made by the appellate authority.
Board of Directors
(a)
The Board shall have the mandate to hire and fire all staff of
the authority except the Managing Director. In case of gross
misconduct, the Board may suspend the Managing Director
pending an enquiry to be instituted by the Minister
responsible for water.
46.13 Disciplinary Code of The Security of Employment Act
The Authority shall follow the Security of employment Act No. 62 of 1964’s
Disciplinary Code when disciplining employees not falling under the
appointment of the Board of Directors. The details of the Disciplinary
code are as follows:
THE DISCIPLINARY CODE
1st
breach
PERMISSIBLE PENALTIES
2nd
3rd
4th
breach
breach
breach
5th and subsequent
breach
Where the employee
(a)
Is late for work;
(b)
Is absent from his work place
during working hours without his
employ’s permission;
Written
warning
Written
Warning
1st breach
2nd breach
3rd breach
4th
breach
5th and subsequent
breach
(c)
Is absent from work without
reasonable
causes;
(See
amendment act No.1 of 1975)
(d)
Fails to complete his task;
(e)
Neglects his duties but not so as
to endanger the safety of persons
or property;
(f)
Fails
to
comply
with
the
employer’s instructions relating to
work (including, without prejudice
to the generality of the foregoing,
those
designed
to
increase
efficiency or output;
(g)
Fine of an
amount not
exceeding the
employee’s pay
for the period of
absence
Fine of an
amount not
exceeding the
employee’s pay
for the period of
absence
Fine of an
amount not
exceeding the
employee’s pay
for the period of
absence
Summary Dismissal
Written
Warning
Reprimand
Fine
Summary dismissal
Reprimand
Severe
Reprimand
Fine
Summary dismissal
Reprimand
Severe
Reprimand
Fine
Summary dismissal
Willfully damages, misuse or
misappropriates
buildings,
machinery, raw materials, other
property or tools or any object
used in connection with his work;
THE DISCIPLINARY CODE
Any breach
Summary dismissal
PERMISSIBLE PENALTIES
Any Breach
(h)
(i)
(j)
(k)
Neglects or fails to carry out his duties so as to endanger
himself or others or property or neglects or fails to comply
with any instructions relating to safety or welfare;
Summary dismissal
Commits an unjustifiable assault, whether or not at his
place of work, on his employer, a member of his
employer’s immediate family or, a member of the
management staff;
Summary dismissal
Commits an unjustifiable assault, whether or not at his
place of work, on his employer, a member of his
employer’s immediate family or a member of the
management staff;
Summary dismissal
Commits any serious or repeated act of insubordination at
the employer’s premises or during hours against the
employer, or members of the management staff;
Summary dismissal
(l)
Is unable to perform his work efficiently by reason of the
use of alcohol;
Summary dismissal
(m)
Is unable to perform his work efficiently by reason f the
improper use of drugs;
Summary dismissal
(n)
Is convicted by any court of any unlawful act at the place
of, or in the course of work, unless such employee
successfully appeal against such conviction;
Summary dismissal
(o)
Is guilty of an immoral act at the place of or in the course
of work;
Summary dismissal
(p)
Smokes in place which the employer has forbidden for
reasons of safety;
Summary dismissal
(q)
Is convicted by a court of an offence involving fraud or
dishonesty, or for which he was sentenced to
imprisonment, unless such employee successfully appeals
against such conviction;
Summary dismissal
Without due authority discloses or conveys any information
or any technical, trade or confidential matter to the
prejudice of his employer;
Summary dismissal
(r)
(s)
47.0
Being employed in the service of the United Republic,
commits any act which is against public interest.
DISCIPLINARY HEARING
Summary dismissal
47.1
A disciplinary hearing shall be convened to deal with severe cases
of discipline in order to protect the interests of the Authority.
47.2
Disciplinary hearing must be done in such a way that no prejudice,
preconceived ideas or biases shall be allowed to influence the
disciplinary hearing. Complete impartiality shall be applied for the
sake of fairness and preservation of continued good disciplinary
standards.
47.3
The disciplinary committee shall comprise the Personnel and
Administration Officer himself as chairman, the head of
department/section under whom the accused employee works and
three other members of staff selected by the Managing Director.
47.4
The disciplinary committee shall investigate the case carefully and
record in writing all statements from the superiors, the employee
and any witnesses the two parties may call upon to support their
statements.
47.5
The formal disciplinary hearing shall then take place as soon as
possible. The employee shall have the right to be accompanied by
a Trade Union representative who shall attend the meeting as an
observer.
47.6
Having ascertained that the particulars of the formal complaint and
the disciplinary hearing are correct the chairman shall inform the
employee of the charge against him/her may with to do
47.7
The employee shall be asked to answer the charge and shall be
permitted to make any pertinent comments/he she may with to do.
47.8
If the employee shall with to submit further evidence this shall be
allowed, if the committee is of the opinion that such evidence will
be fore relevance to the case.
47.9
If the chairman/person is satisfied that he/she has all the facts,
he/she may invite the trade union representative to comment.
47.10 If during the course of the hearing, the chairman/person finds it
necessary to obtain further information, the hearing shall be
adjourned to allow further investigation.
47.11 After the hearing, the employee shall be informed that he/she will
receive the decision of the committee in writing not later than two
days after the hearing.
47.12 A simple majority within the committee shall decide whether the
employee is guilty or not. If he/she is found not guilty, the case
shall be dismissed and the decision be entered in his/her personal
file.
47.13 If the committee finds the employee guilty, it shall decide on
disciplinary action to be taken. In so doing the committee shall
follow the offences and permissible penalties of the Disciplinary
Code of the Security of Employment Act and strictly follow the
procedures for administering the Disciplinary Code Forms.
47.14 When arriving at the disciplinary decision disciplinary committee
shall consider the following factors
•
•
•
•
•
The nature of the offence
The offender’s record of service
The offender’s disciplinary record
Any moderating circumstances
Current practices
47.15 All recorded disciplinary proceedings shall be retained in the
confidential personal file of the employee as record.
47.16 Cases of indiscipline involving employees whose appointment is by
the Board of Directors shall be dealt with by the appointing
authority or Appointments and disciplinary Committee of the Board
or the appropriate body appointed by the Authority.
48.0
OCCURRENCE OF THEFT
48.1
The Authority shall handle with care, tact and firmness discovered
theft in order to settle the problem as quickly as possible because it
is sensitive issue for all persons concerned.
48.2
The following procedures shall be applied in cases of theft:
48.2.1 When an employee discovers what appears to be a theft,
he/she shall immediately report the theft to his/her
immediate superior whom shall then inform the head of
section/department concerned.
48.2.2
A first investigation shall be made by the
unit/section/department head concerned with the theft
occurrence in order to establish that really the theft has
taken place.
49.0
48.2.3
If it is found that the theft was committed, the head of
section/department shall immediately report the matter
to the Personnel and Administration Officer.
48.2.4
The Personnel and Administration Officer shall inform the
Managing Director about the theft.
48.2.5
The Personnel and Administration Officer and the head of
section/department where theft occurred shall then as
quickly as possible carry out a thorough investigation and
hearing of all workers who may be involved.
48.2.6
If suspicion and facts point to a particular employee, the
person concerned shall be fairly but thoroughly heard.
All facts indicating that he/she is the culprit shall be
thoroughly investigated.
48.2.7
If the suspected employee does not confess and if his/her
guilt cannot be established, he/she shall be cleared from
suspicion.
48.2.8
If the suspected employee confesses or facts and
witnesses clearly point him/her out as the culprit, he/she
shall ten be subject to a disciplinary hearing.
48.2.9
If the suspected employee is cleared in the disciplinary
hearing, the matter shall be dropped.
48.2.10
If the suspected employee is not cleared in the
disciplinary hearing, the matter shall be reported to the
police.
48.2.11
If the culprit cannot be identified through the above
actions the Personnel and Administration Officer shall
report/hand over the case to the police for necessary
action.
ABUSE OF SICK LEAVE
49.1
Sick leave shall be supervised by the Authority. This shall be
done by scrutinizing a tendered sick sheet with excused duty and
a representative of the Personnel and Administration Section shall
visit an employee on sick leave at home.
50.0
49.2
Abuse of sick leave is fraud, thus abuse of sick leave shall be
subject to disciplinary action.
49.3
When abuse of sick leave is discovered it shall be dealt with in a
disciplinary hearing and depending on the scope of the abuse, a
penalty shall be decided upon according to the Disciplinary Code
of the Security of Employment Act.
GRIEVANCES
50.1
The Authority shall respond t complaints and grievances as
expeditiously as possible.
50.2
Depending on the type of grievance and the preference of the
employee expressing it, a matter of grievance shall be dealt with
openly or confidentially.
50.3
The Personnel and Administration Officer or in applicable cases the
managing director shall be the counselor to staff on matters of
grievances. He/she shall, if so wanted, treat all cases brought to
him/her confidentially in order to protect the interests of the
employee concerned.
50.4
The employee who wants the express his/her grievance shall first
ask for an appointment with the counselor, express his/her concern
and get advice on how to proceed. The counselor shall try to help
in solving the problem of the complainant already at this stage.
50.5
If the problem is complicated and of general relevance to the
Authority, the counselor shall assist the complainant to fill in an
Action on Grievance Form. The Form shall then be submitted to
the managing Director for action.
50.6
If applicable and found suitable and needed, the employee
concerned shall at any stage of the grievance procedure ask his/her
trade union representative to be present.
50.7
When dealing with a grievance the following shall be adhered to:
50.7.1 Listen to the grievance with sympathy
50.7.2 Investigate the grievance by checking facts
50.7.3 Assess the facts of the grievance both the pros and cons.
50.7.4 Decide on what to do to remove the dissatisfaction
50.7.5 Communicate what is proposed to be done to affected
employee in privacy and without interruptions.
50.7.6 Follow-up to ensure that what was agreed has actually
taken place.
51.0
52.0
CIVIC
51.1
The Authority shall have a positive attitude to employees’
participation in civic activities and responsibilities.
51.2
The Authority shall not be an isolated entity in the community or
the nation but demonstrate its interest in promoting development
also outside the organization by awing and encouraging employees
t take n civic responsibility.
51.3
Involvement in civic activities and responsibilities shall not be awed
t interfere negatively in the work f the employees, but when called
for, the Authority shall t the extent possible approve f certain time
ff for participation in important civic meeting and activities.
COMMUNICATION
52.1
The Authority shall allow all employees t know and understand the
organization structure which shall be the basis for internal and
external communication system.
52.2
The Authority serves many interested parties: Government, Bard f
Directors members, employees, customers, suppliers, tax
authorities and society as a whole this requires a balanced and pen
communication/information system both internally and external in
order to satisfy needs for efficiency, effectiveness and
transparency. T be effective, the organization’s communication
shall be based n sincerity, credibility and courtesy.
52.3
Employees f all levels shall be we and objectively informed as soon
as possible abut the situation f the authority’s: failures, problems
development progress.
52.4
Internal communication and information shall be disseminated in
the flowing way:
52.4.1 A notice bard shall be used for certain genera information.
52.4.2 Internal memos shall be circuited t convey information
52.4.3 Pen files shall be given t relevant staff
52.4.4 Confidential files shall be given t designated relevant
personnel.
52.4.5 Objective short meetings shall be held every week/month
by the section/department
52.4.6 Incoming and outgoing communication shall pass through
the office f the Managing Director.
52.4.7 External communication by the Authority shall be signed by
the managing Director or his designate for purposes of
maintaining secrecy and preventing unauthorized
communication.
52.4.8 The spokesman of the Authority to outsiders shall be the
Managing Director r his designate in case f absence.
52.4.9 The language of communication shall either be Kiswahii or
English.
53.0
POLITICAL PARTICIPATION
53.1
An employee of the Authority may participate in the following
political activities:
(a)
Become a member f a political party f his choice.
(b)
Wear uniforms of any political party at work or while in the
work place.
(c)
By words or acts, bring the authority or the Government into
disrepute on the basis of his political belief and affiliation.
(d)
Offer services discriminatively on account of his political
belief and affiliation.
(e)
Hold office, in or be employed by, a political party while in
the service of the Authority.
(f)
Campaign for his own election or for aspirants to any other
political office while in the service of the Authority.
54.0
ACTING ALLOWANCE
Any employee of the Authority who shall be appointed to act in the post of
the Managing Director for duration exceeding two weeks shall be paid
acting allowance, which is the difference in salary of his/her post and that
of the chief Executive.
55.0
56.0
staff house rent
55.1
The entitled officers for housing are the managing Director and
accommodation by the Authority. Where an entitled officer is
accommodated in his own house, the Authority will pay him house
up-keep allowance at rates that will be approved by the Board from
time to time.
55.2
Where an entitled officer is accommodated in the hotel the
Authority shall pay for bed and breakfast in prescribed hotels with
his/her family members (wife/husband and four children) and the
employee shall have his/her salary deducted has per Board of
Directors approval for part of the hotel bill.
55.3
The Authority shall provide necessary furniture and equipments to
all employees who are entitled to accommodation.
55.4
If an entitled employee stays in his own house the Authority may
provide furniture and household equipments which shall remain as
the property of the authority.
55.5
For non-entitled employees the Authority may give them housing
allowance if financial condition of the Authority allows.
STAFF KILOMETER ALLOWANCE
56.1
Entitled officers of the Authority are the Managing Director and
Heads of Departments. The entitled officers may use their own
vehicles for official purposes with prior permission of the managing
Director/Board of Directors. Those who are allowed to use their
vehicles for official work are required to maintain log books and are
eligible for payment of kilometer allowance the rates to be
approved by the Board from time to time.
56.2
57.0
58.0
59.0
Non of the employees are entitled to claim kilometer allowances
from their resident to office and back. Staff members are not
allowed to take taxis on official duties without prior written
approval of the Managing Director.
VEHICLE LOG BOOK
57.1
Logbooks shall be maintained for each motor vehicle of the
authority. Drivers must make appropriate records in the log books
every time a trip is made.
57.2
The Personnel and Administration Officer shall review all log books
once very day and ensure that they are properly recorded. Every
the end of the month the Supplies Officer shall prepare a report
giving, enter-alia, details of fuel and oils consumption for each
vehicle.
57.3
The Personnel and Administration Officer shall investigate and take
appropriate collective action for cases of abnormally high fuel
consumption.
LONG DISTANCE TELEPHONE CALLS
58.1
A telephone trunk call register shall be maintained for each
switchboard and direct line.
58.2
The telephone operator on duty shall ensure that each trunk call
made is appropriately approved and registered.
58.3
The trunk call register shall be reviewed at least once every week
by the personnel and Administration Officer. At the end of each
month, the telephone operator through the Personnel and
Administration Officer shall submit to the Head of Accounts section
statement showing amount recoverable from staff for private trunk
calls.
58.4
The
•
•
•
•
•
•
•
•
telephone register shall contain, inter-alia the following:Date and time of call
Name of employee or caller
Telephone number
Place to which the call is made
Duration of call
Status of call (official or private)
Amount payable for private call
Remarks
REPORTS TO AN EMPLOYEE
59.1
Annual Performance Appraisal Reports
Departmental Heads, shall submit Annual Appraisal reports to the
appropriate Appointment and Disciplinary Authority of employees
under them. Adverse reports should be communicated to the
employee who should then be required to defend himself/herself.
59.2
Confidential Reports on Trainees.
Departmental Heads shall forward confidential reports on the
progress of every trainee under their Departments once in every
three months t the Managing Director. If the individual’s progress
is below normal, the reporting authority shall give his opinion n
whether or not the trainee should be awed t continue with the
training.
59.3
Confidential Report n Employee on Probation
Departmental Heads shall submit confidential reports in respect of
employee on probation before their period of probation expires,
that is one month before the end of the probation. The report
should consist recommendations as to whether the employee
should be confirmed, probation period extended or service of the
employee terminated. The employee should be given opportunity
to defend himself, in case the probationary period is extended or
service terminated.
59.4
60.0
certificate of Service
A certificate of service shall be issued to an employee leaving the
service of the authority. The certificate shall be signed in person
by the Managing Director. Original copy of the Certificate will be
given to the employee and the other shall be retained in his/her
file.
CONCLUSION
60.1
Staff regulations are guidelines of how employees shall behave in
an Authority but are not conclusive because the country is
continuously revising the laws and enacting new laws.
60.2
The planned codification of Tanzania Labour Laws will bring
changes which will require to be included in the staff regulations.
Form 1
THE FIRST SCHEDULE
THE SECURITY OF EMPLOYMENT ACT, 1964
REPORT TO A FIELD BRANCH COMMITTEE
(To be completed by the employer)
References: . . . . . . . . . . . . . . .
...............
...............
To:
1.
(i)
The Chairman,
The Field Branch Committee
............................
(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . (the worker)
Under section 21 (2) (a) of the Security of Employment Act, 1964, I hereby
inform you of my proposal to impose .. . . . . . . . . . . . . . . . . . . . . . (Penalty)
for a breach of paragraph . . . . . . . . . . . . . . . . . of the Disciplinary Code by
. . . . . .. . . . . . . . . . . . (Name of worker) on . . . . . . . . . . . . . . . (date).
2.
......................................................
......................................................
......................................................
......................................................
......................................................
3.
Names(s) of witness (es) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......................................................
......................................................
4.
No. of previous breaches of Code and disciplinary penalties:
(a)
(b)
Same breach. . . . . . . . . . . . . . . .;
Other breaches . . . . . . . . . . . . . .;
Date: . . . . . . . . . . . . . . .
Penalties: . . . . . . . . . . . .
Penalties: . . . . . . . . . . . .
Signature: . . . . . . . . . . . . . . . . . . . . . . . . . .
Form 1A.
THE SECURITY OF EMPLOYMENT ACT, 1964
REPORT TO A LABOUR OFFICER
(To be completed by the employer)
References:
...............
...............
...............
To:
The officer in Charge
. . . . . . . . . . . . . . . . . . . . . . . . . . . Labuor Office
. . . . . . . . . . . . . . . . . . . . . . . . . . . . (the worker)
1.
Under section 22 (2) (b) of the Security of Employment Act, 1964, I hereby inform you
that I propose to impose*/have imposed* . . . . . . . . . . . . . . . . . . . . . . . (Penalty) for
a breach of paragraph . . . . . . . . . . . . . . . . . of the Disciplinary Code by . . . . . . . . . . .
. . . . . . . . . . . . (Name of worker) on . . . . . . . . . . . . . . . (date).
2.
Brief details f breach:
................................................................
................................................................
................................................................
................................................................
................................................................
................................................................
3.
Names(s) of witness (es) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .
4.
No. of previous breaches of Code:
(a)
(b)
Same breach. . . . . . . . . . . . . . . . . . . . .
Other breaches . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . .
Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Declaration by worker
I have been informed of the above penalty and the reasons for imposing it * the proposal*.
Date: . . . . . . . . . . . . . . .
Signature or mark of worker: . . . . . . . . . . . . . . . . . . . . . . . . .
*Delete whichever is inapplicable
Copy: to:
......................
. . . . . . . . . . . . . . . . . . . . . . (the worker)
FORM 2
THE SECURITY OF EMPLOYMENT ACT, 1964
REPORT TO EMPLOYER BY A FIELD BRANCH COMMITTEE
(To be completed by the employer)
References: . . . . . . . . . . . . . . .
...............
...............
To:
............................
............................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . (the employer)
1.
I acknowledge receipt of your form 1 dated . . . . . . . . . . . . . . . . . . . . . . . . .
concerning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name f worker)
*2.
The Committee does not with t make any representations n this matter
3.
The Committee makes the following representations against your proposal:
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And wishes to discuss these representations with you.
Date: . . . . . . . . . . . . . ..
Signature: . . . . . . . . . . . . . . . . . . . . .
Chairman of Field Branch Committee)
*Delete whichever is inapplicable
FORM 2A
THE SECURITY OF EMPLOYMENT ACT, 1964
ACKNOWLEDGMENT BY A LABOUR
OFFICER OF RECEIPT OF FORM 1A
(To be completed by the employer)
References: . . . . . . . . . . . . . . .
...............
...............
To:
............................
............................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . (the employer)
I acknowledge receipt of your form 1A dated . . . . . . . . . . . . . . . . . . . . . . . . .
concerning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name f worker)
Date: . . . . . . . . . . . . . . .
Signature: . . . . . . . . . . . . . . . . . . . . .
(Officer i/c Area Labour officer)
.............................
Form 3
THE SECURITY OF EMPLOYMENT ACT, 1964
FINDINGS OF THE FIELD BRANCH COMMITTEE
(To be completed by the Chairman at conclusion f discussions with the employer)
References: . . . . . . . . . . . . . . .
...............
...............
To:
............................
............................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . (the employer)
I have to advice you in the case of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(name of worker) that, having discussed the matter with you, the Field Branch
Committee agrees with your proposals*/disagrees with your proposals for the following
reasons*:-
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Date: . . . . . . . . . . . . . . .
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Signature: . . . . . . . . . . . . . . . . . . . . .
(Chairman of Field Branch Committee)
*Delete whichever is inapplicable
Form 3
THE SECURITY OF EMPLOYMENT ACT, 1964
FINDINGS OF THE FIELD BRANCH COMMITTEE
(To be completed by the Chairman at conclusion of discussions with the employer)
References: . . . . . . . . . . . . . . .
...............
...............
To:
............................
............................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . (the employer)
I have to advice you in the case of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of
worker) that, having discussed the matter with you, the Field Branch Committee agrees
with your proposals*/disagrees with your proposal for the following reasons*:-
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Date: . . . . . . . . . . . . . . .
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Signature: . . . . . . . . . . . . . . . . . . . . .
(Chairman of Field Branch Committee)
*Delete whichever is inapplicable
Form 3A
THE SECURITY OF EMPLOYMENT ACT, 1964
NOTIFICATION OF EMPLOYER BY LOCAL TFTU REPRESENTATIVE
(To be completed by the Chairman at conclusion of discussions with the employer)
References: . . . . . . . . . . . . . . .
...............
...............
To:
............................
............................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . (the employer)
I have to advice you in the case of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of
worker) that, having discussed the matter with you, I disagree with your proposal to
dismiss him for the following reasons:
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Date: . . . . . . . . . . . . . . .
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Signature: . . . . . . . . . . . . . . . . . . . . .
(Local TFTU Representative)
Form 4
THE SECURITY OF EMPLOYMENT ACT, 1964
REFERENCE BY WORKER TO A CONCILIATION BOARD
(To be completed by the Chairman of the Field Branch Committee if so requests by the worker
see regulation 7 – or by the worker)
References:
To:
The Chairman,
...............
...............
...............
............................
Re: . . . . . . . . . . . . . . . . . . . . . (name of worker) employed by . . . . . . . . . . . . . . . . .
1.
I have t inform you that the above-mentioned worker wishes to refer the following
matter to the Board:
................................................................
................................................................
................................................................
................................................................
2.
Copies of Forms 1 and 3 are attached hereto
3.
The Committee supports*/does not support* this reference
4.
Please advise me and the employer of the dates, times, and paces of the hearing(s) and
of the delivery of the decision.
Date: . . . . . . . . . . . . . . .
Signature: . . . . . . . . . . . . . . . . . . . .
(Chairman of field Branch Committee)
Date: . . . . . . . . . . . . . . .
Signature or mark of worker: . . . . . . . . . . . . . . . . . . . .
Copy to:
.................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (the employer)
**I have received notice of the making of this reference.
Date: . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (the employer)
*Delete whichever is inapplicable
**Delete if inapplicable
Form 4A
THE SECURITY OF EMPLOYMENT ACT, 1964
REFERENCE BY WORKER TO A CONCILIATION BOARD
(To be completed by Local TFTU representative if so requested by the worker – see
regulation 7 – or by the worker)
References:
To:
The Chairman,
...............
...............
...............
The Conciliation Board,
Re: . . . . . . . . . . . . . . . . . . . . . (name of worker) employed by . . . . . . . . . . . . . . . . .
1.
I have t inform you that the above-mentioned worker wishes to refer the following
matter to the Board:
................................................................
................................................................
................................................................
................................................................
2.
Copies of Forms 1 and 3 are attached hereto
3.
I supports*/does not support* this reference
4.
Please advise me and the employer of the dates, times, and paces of the hearing(s) and
of the delivery of the decision.
Date: . . . . . . . . . . . . . . .
Signature: . . . . . . . . . . . . . . . . . . . .
(Local TFTU representative)
Date: . . . . . . . . . . . . . . .
Signature or mark of worker: . . . . . . . . . . . . . . . . . . . .
Copy to:
.................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (the employer)
**I have received notice of the making of this reference.
Date: . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (the employer)
*Delete whichever is inapplicable
**Delete if inapplicable
Form 5
THE SECURITY OF EMPLOYMENT ACT, 1964
DECISION OF A CONCILIATION BOARD
(To be completed by the Chairman of the Board)
References:
To:
(i)
The Chairman, Field Branch Committee*/
The call TFTU Representative*
...............
...............
...............
.....................
. . . . . . . . . . . . . . . . . . . . . (in duplicate)
(ii)
.....................
. . . . . . . . . . . . . . . . . . . . . (the employer)
Re: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of worker)
(employer by) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.
The Board, having considered the reference made to it by the above named worker, has
this date decided as follows:................................................................
................................................................
................................................................
................................................................
................................................................
................................................................
2.
Please advise the worker accordingly.
Date: . . . . . . . . . . . . . . .
Signature: . . . . . . . . . . . . . . . . . . . .
(Chairman Conciliation Board)
.............................
*Delete whichever is inapplicable.
Form 6
THE SECURITY OF EMPLOYMENT ACT, 1964
REFERENCE BY EMPLOYER TO THE MINISTER FOR LABOUR AND
YOUTH DEVELOPMENT
(To be completed by the worker or by the Chairman of the field Branch
Committee/ the Local TFTU Representative, as appropriate)
References:
...............
...............
...............
To:
The Minister for labour and Youth Development,
DAR ES SALAAM.
Re: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of
worker)
(employer by) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. .......................... .......................... ...
1.
For the reasons set out in the attached memorandum, I have to inform you that
the abovementioned worker wishes to refer to you the decision of the . . . . . . . .
. . . . . . . . . . . . . . . . . . . . Conciliation Board that he be summarily dismissed.
2.
The Committee*/I* support this reference
Date: . . . . . . . . . . . . . . .
Date: . . . . . . . .
Copy to:
Signature: . . . . . . . . . . . . . . . . . . . .
(Chairman, Field Branch Committee
or Local TFTU Representative, as appropriate)
.............................
Signature or mark of worker: . . . . . . . . . . . . . . . . . . . .
(i)
The Chairman,
Conciliation Board,
...................
(ii)
...................
...................
. . . . . . . . . . . . . . . . . . . (the employer
*Delete whichever is inapplicable.
Form 7
THE SECURITY OF EMPLOYMENT ACT, 1964
REFERENCE BY EMPLOYER TO THE MINISTER FOR LABOUR AND
YOUTH DEVELOPMENT
(To be completed by the employer)
References:
...............
...............
...............
To:
The Minister for Labour and Youth Development,
DAR ES SALAAM.
Re: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of worker)
(employer by) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. .......................... .......................... ........
For the reasons set out in the attached memorandum, I hereby refer to you the decision
of the . . . . . . . . . . . . . . . . . . . . . . . . Conciliation Board that the above-mentioned
employee be not summary dismissed.
Date: . . . . . . . . . . . . . . .
...............................
Signature employer)
Date: . . . . . . . . . . . . . .
....
Signature or mark of worker: . . . . . . . . . . . . . . . .
Copy to:
(i)
The Chairman
. . . . . . . . . . . . . . . . . . . Conciliation Board
(ii)
The Chairman, Field Branch Committee*/
The Local TFTU Representative*
(iii)
...............................
...............................
*Delete whichever is inapplicable.
Form 8
THE SECURITY OF EMPLOYMENT ACT, 1964
DECISION OF THE MINISTER FOR LABOUR AND YOUTH
DEVELOPMENT
References:
To:
(i)
....................
....................
...............
...............
...............
. . . . . . . . . . . . . . . . . . . . ( the employer)
(ii)
The Chairman, Field Branch Committee
The Local TFTU Representative*
Re: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of worker)
(employer by) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Having considered the reference made to me in respect of the decision of the . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conciliation Bard in the matter of the abovementioned worker, I have decided as follows:
.............................. .................................
.............................. .................................
.............................. .................................
.............................. .................................
Date: . . . . . . . . . . . . . . .
.......................
MINISTER FOR LABOUR AND
YOUTH DEVELOPMENT
Copy to:
(i)
The Chairman,
. . . . . . . . . . . . . . . . . . . Conciliation Board
*Delete whichever is inapplicable.
Form 9
THE SECOND SCHEDULE
THE SECURITY OF EMPLOYMENT ACT, 1964
ACKNOWLEDGMENT BY CONCILIATION BOARD OF A REFERENCE
References:
To:
(i)
The Chairman, Field Branch Committee*
...............
...............
...............
The Local TFTU Representative*
(ii)
.. ..........................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . (the employer)
Re: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of worker)
(employer by) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.............................. .................................
1.
I acknowledge receipt of Form 4*/4A* dated . . . . . . . . . . . . . . . . . . . . . . . the
above-mentioned worker.
2.
This matter will be heard on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (date) at
. . . . . . . . . . . . . . . . . . . . . (time) at . . . . . . . . . . . . . . (place) and the
decision thereof will be delivered in the same place at . . . . . . . . . . . . . . . . . . .
(if possible) or at some other time and place t be announced.
2.
Pease advise the worker accordingly.
Date: . . . . . . . . . . . . . . .
.......................
(Chairman, Conciliation Board)
.......................
*Delete whichever is inapplicable.
Form 10
THE THIRD SCHEDULE
THE SECURITY OF EMPLOYMENT ACT, 1964
NOTICE OF THE IMPOSITION OF A DISCIPLINARY PENALTY
(To be completed by the employer)
References:
To:
(i)
.. .........................
...............
...............
...............
.. .........................
. . . . . . . . . . . . . . . . . . . . . . . . . . . (the worker)
In respect of the breach of the Disciplinary Code Communicated to you on form 1*/1A
reference on . . . . . . . . . . . . . . . . . . dated . . . . . . . . . . . . . . . . . . , I now impose
the following penalty:A written warning:
(ii)
A reprimand;
(iii)
A severe reprimand;
(iv)
A fine of Shs. . . . . . ;
(v)
Summary dismissal.
Date: . . . . . . . . . . . . . . .
Copy to:
..........................
(Signature of Employer)
The Chairman of the Field Branch Committee
*Delete whichever is inapplicable.
URBAN WATER SUPPLY AND SEWERAGE AUTHORITY
..............
EMPLOYEE REQUISITION FORM
1.0
ERF/NO____
General
1.1
To:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . .
1.2
From:
1.2.1
1.2.2
1.2.3
1.3
Post t be filled:
1.3.1 Job Title: . . . . . . . . . . . . . . . . . . . . . . . Grade: . . . . . . . . . . . . . . . . . . .
.......................................................
......................................................
......................................................
......................................................
1.3.2
Salary Scale: . . . . . . . . . . . . . . . . . . . . Salary Range. . . . . . . . . . . . . . .
1.3.3 Permanent/temporary/Casual/Contract Post (tick relevant items)
1.3.4 Appointing Authority: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.3.5 Existing/New/Budgeted/Vacant post (tick relevant items)
1.3.6
1.3.7
2.0
3.0
Preferred Age Range: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date Required to be filled: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.4
Justifications for the Request: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................
...........................................................
...........................................................
1.5
Required Quantifications:
1.5.1 Professional: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.5.2 Academic: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.5.3 Relevant Experience: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......................................................
1.5.4 Required Personal Qualities: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......................................................
1.6
1.7
1.8
New/Existing/Vacant Post (tick relevant items)
Date required: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Funded in the budget/Not in the budget (tick relevant items)
REQUIRED MINIMUM QUALIFICATIONS
2.1
Preferred age range . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.2
Education and professional qualifications: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.3
Relevant Experience: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.4
Special qualities (physical personal, etc): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
DUTIES AND RESPONSIBILITIES
3.1
............................................................
3.2
............................................................
3.3
...........................................................
3.4
...........................................................
3.5
...........................................................
3.6
...........................................................
3.7
...........................................................
3.8
...........................................................
3.9
...........................................................
3.10
...........................................................
Requisitioning officer: . . . . . . . . . . . . . . . . . . . . . Signature: . . . . . . . . . . . . . . . . . . .
Designation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . . . . . . . . . . . .
4.0
HEAD F DEPARTMENT
I recommend/do not recommend the filing of the post requisitioned for because:
.................................................................
.................................................................
Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature:. . . . . . . . . . . . . . Date:. . . . . . .
5.0
MANAGING DIRECTOR AUTHORISATION
I hereby authorized/d not authorise new recruitment to fill the post of
................................................................
.................................................................
Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Date: . . . . . . . . . .
Stamp: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
URBAN WATER SUPPLY AND SEWERAGE AUTHORITY
LETTER F APPOINTMENT
_________19_____
To:
_______________________________________
_______________________________________
_______________________________________
Dear Mr./Mrs./Ms.
___________________________
Further to your recent interview, we are passed t offer you the position of
_________________________________commencing on ___________________
1.
This appointment is provisional subject to your passing a medical
examination, including an X-Ray of the chest by Medical Practitioner
approved by our Authority.
Please contact the Personnel and
Administration officer at our office, who can advise you about the medical
examination, which must be taken during your probationary period. We
will meet the cost for examination.
2.
This appointment is subject to the standard twelve months’ probationary
period, during which time your performance will be reviewed. Upon
successful completion of the probationary period, you will be eligible for
confirmation in you position and for appointment to the permanent
establishment.
3.
Your salary will be ________ per annum in grade ________ no our salary
scale increments are granted annual subject t satisfactory performance
and your first increment will be on the _____________. You will enjoy
the following fringe benefits and/r allowances:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
4.
5.
In your position you will be responsible to_____________________
and your appointment is governed by the Staff Regulations of the
authority presently in force. You will be given access to the
documents on joining the Authority and shad you have any
question, these can be discussed during your induction programme
which will start n your first day with us.
You will be entitled to ___________ working days eave per annum.
Annual eave must be taken at a time convenient t the authority,
but in any event within six months f the date it falls due.
6.
One calendar month’s notice is required by you or the authority in
order to terminate employment. If your appointment is terminated
on grounds of misconduct, you may not be given any notice and
are liable to forfeit any benefits.
7.
At the time of appointment to the permanent establishment, you
will be required to join _______________ Social security fund to
which you will contribute Shs.____________ per month and the
authority will contribute for you Tshs______ per month.
8.
Normal office hours are from ________ am to ______ pm, Monday
to Friday with/without a lunch break from ________ to ______ pm.
You may be asked occasionally to work overtime, for which you will
receive no/extra compensation.
This letter is written in duplicate. If the terms are acceptable to you,
please sign your acceptance on one copy and return it to the Personnel
and Administration Officer.
We congratulate you on your appointment, with you all success on it, and
look forward to your utmost contribution in the services of our authority.
Yours Faithfully,
Managing Director
I accept/do not accept employment with your Authority on the conditions
set out in this letter.
Signature __________________________________ Date: ____________
Full Name ___________________________________________________
URBAN WATER SUPPLY AND SEWERAGE AUTHORITY
ANNUAL STAFF PERFORMANCE APPRAISAL
Appraisal period: . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . DEPARTMENT . . . . . . . . . . . . . SECTION . . . . . . . . . . . UNIT
SECTION I: To be completed by the Employee
Name
Salary Scale
Date of Birth
Family status
Basic Salary per Month
Employment Date
Increment Date
Duties and responsibilities: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................
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Main achievement during the appraisal period: . . . . . . . . . . . .
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3.
Indicate special achievements during
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4.
Are you being effectively utilized?
If yes how?
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the appraisal period: . . . . . . . . . . . .
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Yes/No
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......................................................
5.
If no why? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . . . . . . .
Employee Name: . . . . . . . . . . . . . . . . . . . . . . . . Position:. . . . . . . . . . . . . . . .
SECTION II To be completed by Head of Department/Section/Unit after discussion with
Employee
RANKING
RATING ELEMENTS
1
Work Performance Achievement
2
Work Performance Quality
3
Planning and organisation of
work
4
Professional ethics and technical
competence
5
Ski in producing solutions to
work problems
6
Ability to work independently or
TOTAL
POINTS
POINTS
AWARDED
COMMENTS
with minimum supervision
7
Relationship with others
8
Speed of work
9
Discipline at work
10
Effectiveness in supervision
11
Total
Indicate any activities which the employee performed with excellence:
........................................................
........................................................
........................................................
Employee signature: . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . Signature. . . . . . . . . . . . Position: . . . . . . . . . . . .
Date: . . . . . . . . . .
SECTION III: To be completed by the Managing Director or Departmental
Head
A:
Before competing this section please discuss the staff member’s performance with
the reporting officer, and if it is necessary with the employee
B:
Comment here on main weakness of employee, possible remedies and how the
Authority could help the employee
............................................................
............................................................
............................................................
............................................................
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............................................................
............................................................
C:
Keeping in mind the requirements of the post, check one of the following
statements describing the employee’s performance.
1. ______ An outstanding performance
______ (100 – 90)
3. ______ A good performance
(65 – 50)
2. _____ Avery good performance
_____ (89 – 70)
4. _____ A performance that does
fully meet standards
(40 – 39)
5. A poor performance
____ (bellow 29)
D:
Salary recommendation (tick only one f the following)
(i) One/two annual increments
(
(ii) Salary adjustment
(
(iii) Promotion to the next grade
(
(iv) No increment
(
(v) Demotion
(
)
)
)
)
)
Signature: . . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Position: . . . . . . . . . . . . .
. . . . . . . . . . . . . . URBAN WATER SUPPLY AND SEWERAGE AUTHORITY
LEAVE APPLICATION FORM
To:
The Personnel and Administration officer
1.0
Date: ___________
To be competed by employee
1.1
Name of employee _______________________________________
1.2
Position ________________________________________________
1.3
Department/Section/Unit __________________________________
1.4
Leave entitlement days ___________________________________
1.5
I request for annual eave between
___________ 19 ____ and ______19 _____ equal to ______ days.
1.6
I request/d not request for my eave salary to be paid before I
proceed on leave.
Signature of Applicant __________________________________________
____________________________________________________________
2.0
DEPARTMENT/SECTION/UNIT COMPLETION
(This part be completed by the immediate supervisor)
2.1
The above leave is:
Recommended
2.2
Not recommended
The above eave is not recommended for the following reasons:
_________________________________________________
_________________________________________________
2.3
3.0
I propose the leave to take place between ______ 19 and _____
19 ____ equal to ____ days
PERSONNEL AND ADMINISTRATION SECTION
3.1
To (Name of employee)
3.2
Position ________________ Department/Section/Unit _______________
3.3
Your application for annual leave between _______ 19 ______ and
______ 19 _____ has been
Granted
_______________________ date ________
Not granted
3.4
It has not been granted for the following reasons ___________________
___________________________________________________________
___________________________________________________________
3.5
We propose that you submit a new application for annual leave to take
place between ______ 19 ______ and _____________19 _______ and
that you discuss this with your immediate supervisor. You can also
discuss
this
with
Mr./Ms.
___________________________________________________________
__________________________________________________________
in the Personnel and Administration Section.
3.6
Your leave balance after the planned leave above will be _______ days.
Signature ___________________________________________________
Personnel and Administration Officer
Date_____________
Note: Application form to be completed in three copies and distributed as
follows: one copy for the personal file of the employee, one copy to be
sent to the employee and one copy to the immediate supervisor.