COLLECTIVE AGREEMENT BETWEEN SONA WELFARE FOUNDATION RAWALPINDI AND EMPLOYEES UNION SONA WELFARE FOUNDATION (REGD) DISTRICT RAWALPINDI - 2013

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1st January, 2013 to 31st December, 2014

SECTION 1.0 PARTY TO THE AGREEMENT

This Agreement is made on this 3rd day of December, 2012 between the Management of SWF incorporated in Pakistan under the Societies Registration Act, 1860 having its registered office at 64-A Harley Street Rawalpindi, hereinafter called the “Sona Welfare Foundation”, “MANAGEMENT” (which expression, wherever the context so admits shall include and mean its administrators, successors and assigns) being the Party of the first part.

AND

SWF EMPLOYEES UNION (REGD) RAWALPINDI DISTRICT, having been recognized to perform function for the purpose of execution of this Agreement hereinafter called the “Union” (so admits shall always include its successors, assigns and all other existing and future workers employed or who may be employed by the SWF) of the other part.

SECTION 2.0 INTENT AND PURPOSE OF SETTLEMENT

WHEREAS it is the intention and purpose of the Agreement to ensure sound and mutually benefits relationship between the parties hereto, to establish harmonious Labour relations within the SWF, to clarify the rights and responsibilities of SWF, the UNION and the workers to provide orderly and peaceful means of conducting negotiations and resolving any misunderstanding or grievances, to compensate for rising cost of living, to set-forth herein the basic and complete Agreement between the parties and covering wages and other terms and conditions of employment and to ensure contained efficiency and high esteemed services in order to promote and improve the peaceful relationship of SWF Management and the Workers.

SECTION 3.0 RECOGNITION OF SWF’S AND UNION’S RIGHTS AND RESPONSBILITIES

It is agreed that SWF’s Management has the exclusive right and sole responsibility to operate the SWF and to conduct its objectives, to obtain full work from all its workers during working hours and to direct the work force in accordance with law. The Management’s right shall include but shall not be limited beyond the existing law. Management in any case may amend a policy if an existing policy hinder by the any ways the working of SWF as per law.

3.1. The right to hire, promote, demote, transfer/relocation, re-designation, discipline, to create or discontinue jobs, to utilize the services of workers on alternative jobs when necessary to determine the number of workers needed, manner of taking work through shifts worker qualifications, standard of performance, job requirements and job content subject to observance of law.

3.2. To frame rules and regulations.

3.3. To make optimum utilization of its work force and all other resources.

3.4. To maintain workers discipline and to determine the norms, means, methods and processes.

It is recognized that the function of the UNION is to negotiate upon matters relating to wages and conditions of employment, in accordance with law and as specifically expressed in this Agreement.

SECTION 4.0 SHORT RECITAL OF THE CASE

WHEREAS THIS IS THE FIRST Agreement between the SWF and the UNION, this shall not be quoted or treated and used as precedent for another agreement. The UNION submitted its first “CHARTER OF DEMAND” under their cover letter No. EU/SWF/Rwp/16/12 dated 25.09.2012 for consideration by the SWF Management. A copy of the “CHARTER OF DEMANDS”.

AND WHEREAS on having received the said “CHARTER OF DEMANDS” primarily based on the contention of the UNION of the increase in the cost of living, inflation and the general increase in the cost of various commodities, bilateral negotiations were undertaken by the parties, which were held from time to time extending over various meetings by the mutual consent of the parties.

AND WHEREAS as a result of through and detailed bilateral negotiations and discussions as aforementioned the following Collectively Bargained Agreement has been arrived at in full and final Settlement of all the Demands raised either expressly or impliedly by and /or behalf of the workers and other issues affecting the workers employed with the SWF as on the date of signing of this Agreement.

SECTION 5.0 TERMS OF AGREEMENT

5.1 GENERAL

i. The UNION agrees to drop all demands/claims raised through its “CHARTER OF DEMANDS” and all other points and issues, which are not mentioned herein and shall be deemed to have been specifically given up by the UNION and the same shall not be raised directly or indirectly during the currency of the Agreement.

ii. It is agreed that neither the UNION nor any of the workers of SWF as per this agreement will collectively, concertedly, severally, or individually engage in or participate directly or indirectly, in any strike, slow down, stoppage or other interference of work for any cause arising out of the terms and conditions herein mentioned or any other cause of any nature during the tenure of this Agreement. The SWF, however, retains the right of discipline and the UNION will not in any way interfere in the process of disciplinary neither cases nor will they approach the Management for the recall, rescission or change of any action taken in this connection as per policies of SWF and as per law.

iii. It is aimed at ensuring a just and mutually beneficial peace fostering most harmonious and healthy relationship between the SWF and its workers and further strengthening the already existing good relations between the SWF and the workers.

iv. It is agreed that the UNION will abide by the Rules of Safety & Security and the instruction issued by the Management in this connection from time to time will be strictly adhered to.

v. It is agreed that the UNION will not interfere in the inherent functions and rights authority and prerogatives of the Management guaranteed or secured to it under any Law or Agreement as the case may be. UNION shall strive to create sense of understanding and cooperation, which are the essence for running the organization successfully and smoothly.

vi. It is specifically agreed that the UNION will not raise or agitate any demand whatsoever during the currency of this Agreement nor they would pursue or raise any matter concerning workers beyond the jurisdiction of the UNION either ex-employees or those belonging to Non-Unionized Cadres as per Law.

vii. It is agreed that the benefits accruing under this Agreement shall not be applicable to those workers who may have resigned or their services terminated simpliciter or as a measure of punishment between 25-09-2012 till the effective date of this Agreement.

viii. It is agreed that the points below will be discussed in Workers Management Council meeting for formalization of policy and to regularize the work force and to improve the worker management relations. UNION will be duty bound to protect the interest of SWF and will not support an unlawful wishes of the workers which hinder SWF operations.

1) The workers shall be duty bound to come on duty with proper uniform provided by the SWF. In case any worker is found without uniform SWF may refuse to take him on duty besides taking disciplinary action.

2) In case any work comes late or leave his place of duty unauthorized and is found visiting other Department without any official work and without the permission of his incharge, deduction shall be made from his wages.

SPECIFIC

Negotiated demands as Agreed and Approved are as given below.

SECTION 6.0 ANNUAL INCREMENT

Management of SWF and C.B.A has mutually agreed at 10% raise in basic pay with corresponding increase in House Rent Allowance (i.e. 50% of the basic pay) w.e.f September 01, 2012 against their demand of 15% w.e.f July 01, 2012. Arrears of four months i.e. from September to December, 2012 will be paid with the salary of December 2013 it the peace and discipline in the company will maintained. For individuals retiring before December, 2013 this amount will be paid with their final settlement.

SECTION 7.0 PAY & ALLOWANCES

The increase in Pay and Allowance is given bellow as agreed by both the parties i.e. SWF and C.B.A.

SECTION 8.0 BASIC PAY INCREASE

Agreed on 25% of additional increase in Basic Pay as inflation factor in Already agreed 10% annual increment which makes a total increase of 35% Basic Pay.

Description Existing Agreed Increased Remarks
House Rent Allowance 50% of the Basic Pay 50% of the Basic pay
Conveyance Allowance Rs. 400 Rs. 800 Rs. 400
Washing Allowance Rs. 500 Rs. 700 Rs. 200
Utility Allowance Rs. 1,150 Rs. 1,150
Meal Subsidy Rs. 1,650 Rs. 2,000 Rs. 350
Education Allowance Rs. 600 Rs. 1,000 Rs. 400
Medical Allowance for Employees at Rawalpindi Rs. 2,500 Rs. 3,500 Rs. 1,000
Medical Allowance for Employees (Mktg group except Lhr, RM, Karachi) Rs. 2,500 Rs. 4,000 Rs. 1,500
Big City/Hard Area Allowance - Rs. 1,000 Rs. 1,000 C.B.A demanded Big City Allowance only

SECTION 9.0 MEDICAL FACILITIES

9.1 Emergency during office hours:

C.B.A has agreed on free medical treatment in case of emergency during office hours for any such case which is fatal e.g. heart attack, brain hemorrhage, premature delivery of a female employee which endangers her life, however, reimbursement will be made on the basis of concerned Specialist’s Diagnosis, Treatment details and an endorsed declaration regarding chances of fatality, after which Chairman’s approval will be obtained.

9.2 Normal/Cesarean Delivery Case:

C.B.A has agreed upon one-time reimbursement up to Rs. 25,000 on account of expenses incurred at the delivery of one child for every employee for 25 cases (average) in a year.

For female employee for next two children Rs. 10,000 only will be granted for each up to 3rd Child.

SECTION 10.0 EID PACKAGES

C.B.A has agreed to the offered Eid Packages i.e. Eid-ul-Fitr Rs. 5,000 & Eid-ul-Azha Rs. 7,000 for all employees subject to the maintenance of peace and discipline.

SECTION 11.0 GROUP INSURANCE

Group Insurance will be doubled i.e. Rs. 500,000 from Rs. 250,000. However, in case of accidental death additional Rs. 500,000 (currently Rs. 250,000) will be paid by the insurance company as per practice in vogue.

SECTION 12.0 LOAN

Interest free loan of Rs. 75,000 once in a service will be provided to 25 employees in a year (maximum 03 in a month) having maximum of 1 year service with SWF and minimum remaining service period of 03 years and the same will be recovered in 36 monthly installments. For new inductions the service requirement for application of loan will be minimum of 5 years.

SECTION 13.0 UMRAH/HAJJ FACILITY

It is agreed that 10 employees during a year through transparent draw (max 02 in a month) will be awarded Rs. 100,000 each for subject facility.

SECTION 14.0 LIFE UPLIFTING COMPENSATION

Rs. 50,000 will be provided to every employee for self-marriage or marriage of one daughter only, which will be in lieu of uplifting lifestyle, once during his/her service for as per availability of funds in a year.

SECTION 15.0 EX-GRATIA AWARD

C.B.A agreed upon receipt of one basic salary as an Ex-Gratia Award on quarterly basis.

SECTION 16.0 CHARTER OF DEMAND (COD) SIGNING AWARD

One-time payment of Rs. 5,000 is proposed for all employees as COD Signing Award.

FOLLOWING ADDITIONAL POINTS HAVE ALSO BEEN AGREED WITH THE UNION:

SECTION 17.0 PAYMENT OF WPPF

Employees of SWF will be entitled to WPPF according to law and regulations.

SECTION 18.0 INCREASE IN OVERTIME RATE

100% increase in overtime rate w.e.f. July 01, 2012 that has already approved by the Chairman during his meeting with C.B.A on July 20, 2012 will be incorporated in the agreement. Overtime will be paid on actual basis. As per SWF policy ever employee must complete a duration of 40 hours per week or as per Labour Law after which overtime will start.

SECTION 19.0 FIVE WORKING DAYS IN A WEEK

Saturday being announced as a closed holiday w.e.f. August 01, 2012 in the light of approval accorded by the Chairman during his meeting with C.B.A on July 20, 2012. But Management at its own discretion can ask an employee to work any five days in a week and on shifts. Accordingly, if any employee is called for any official duty on his/her off days an overtime on the basis of actual time will be paid.

SECTION 20.0 JOB TO A CHILD UPON DEATH OF AN EMPLOYEE

Upon death of an employee, preference will be given to his/her child for a suitable job in SWF as per his/her qualification and suitability.

SECTION 21.0 PAYMENT OF GRATUITY

Gratuity will be paid to each worker as per prevailing statutory provisions. Currently, the payment formula is: 01 x Last Drawn x No. of years in service; subject to minimum service of 12 months and thereafter service more than 06 months will be rounded off to complete the year and less than 06 months will be ignored.

SECTION 22.0 TIMINIG OF MEDICAL CENTRE

While acceding to the C.B.A’s demand, raised during their first meeting with the Chairman held on April 20, 2012 timing of FFC HO Medical Centre for SWF employees has already been enhanced from 0800 hours to 1600 hours w.e.f. July 11, 2012.

SECTION 23.0 FORMULATION OF WORKERS MANAGEMENT COUNCIL

In accordance to Labour Law a Workers Management Council has been established having six members and convener of the Council shall be from SWF Management.

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Collective Agreement between Sona Welfare Foundation Rawalpindi and Employees Union Sona Welfare Foundation (REGD) District Rawalpindi - 2013 - 2013

Start date: → 2013-01-01
End date: → 2014-12-31
Ratified by: → Other
Ratified on: → 2012-12-03
Name industry: → Healthcare, caring services, social work
Name industry: → Child day-care activities
Public/private sector: → In the private sector
Concluded by:
Name company: →  Sona Welfare Foundation Rawalpindi
Names trade unions: → 

WORK AND FAMILY ARRANGEMENTS

Job security after maternity leave: → 
Prohibition of discrimination related to maternity: → 
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → 
Workplace risk assessment on the safety and health of pregnant or nursing women: → 
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → 
Time off for prenatal medical examinations: → 
Prohibition of screening for pregnancy before regularising non-standard workers: → 
Prohibition of screening for pregnancy before promotion: → 
Facilities for nursing mothers: → No
Employer-provided childcare facilities: → No
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → Yes

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per week: → 40.0
Working days per week: → 5.0
Provisions on flexible work arrangements: → No

WAGES

Wages determined by means of pay scales: → No
Adjustment for rising costs of living: → 

Wage increase

Wage increase: → 10.0 %

Once only extra payment

Once only extra payment: → PKR 7000.0 %
Once only extra payment due to company performance: → Yes

Allowance for commuting work

Allowance for commuting work: → PKR 800.0 per month

Meal vouchers

Meal allowances provided: → Yes
→ 2000.0 per meal
Free legal assistance: → No
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