MEMORANDUM OF SETTLEMENT BETWEEN M/S KOHINOOR SOAP & DETERGENTS (PVT.) LTD AND M/S KOHINOOR SOAP & DETERGENTS (PVT.) LTD EMPLOYEES UNION - 2014

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FORM: ‘W’

UNDER SECTION 29(4) OF THE INDUSTRIAL RELATIONS ORDINANCE 2002 READ WITH RULE 69 OF THE INDUSTRIAL RELATIONS (SINDH) RULES 1973.

NAME OF PARTIES

1. M/s Kohinoor Soap & Detergents (Pvt.) Ltd

F-70 S.I.T.E. Karachi (hereinafter referred to as “The Company”)

2. M/s Kohinoor Soap & Detergents (Pvt.) Ltd Employees Union.

Flat # 5, Block-U, Labor Square, S.I.T.E. Karachi.

Being the collective bargaining agent of the “WORKMEN” of the Company above named (hereinafter referred to as the “C.B.A” for brevity’s sake)

REPRESENTING EMPLOYERS:

1. Muhammad Manzoor Hussain - General Manager

2. Syed Parvez Ahmed - Factory Manager

3. Pasha Izzat Abbas - Senior Personnel Officer

REPRESENTING WORKERS:

1. Muhammad Rashad - President

2. Muhammad Aslam - Vice President-I

3. Muhammad Aslam - Vice President-II

4. Israr Ahmed - General Secretary

5. Muhammad Aslam - Joint Secretary

6. Muhammad Nazeer - Vice Joint Secretary

7. Muhammad Ramzan - Office Secretary

8. Badri Zaman - Propaganda Secretary

9. Nadir Khan - Vice Propaganda Secretary

10. Lal Muhammad - Organizing Secretary

11. Bakhat Ali - Treasurer

KOHINOOR SOAP & DETERGENT EMPLOYEES UNION Karachi in its capacity and the Collective Bargaining Agent of ‘Workers’ (hereinafter referred to as the ‘C.B.A’ served; Charter of Demands dated 01-01-2014 U/S 35(1) of S.I.R.A. 2013 and a notice of conciliation dt. 17-01-2014 purporting to be U/S 35(3) of S.I.R.A. 2013.

As a consequence of the said notice conciliation, conciliation proceedings were held under auspices of the conciliator West Division. Government of Sindh, Karachi. As a result of conciliation proceedings extended over several joint meetings and extended from time to time with mutual consent. The following agreement has been arrived at in full and final settlement of all the demands raised by and on behalf of the ‘WORKERS’ as on the date of signing of this settlement.

TERMS OF SETTLEMENT

1.

That with effect from January, 1st 2014, the Basic wages of all permanent workmen who are in the employment of the Company on the date of execution of this settlement will be increased as under:

Unskilled worker Rs. 1600/- per month
Semi-Skilled worker Rs. 1700/- per month
Skilled worker Rs. 1800/- per month

It is agreed that workmen employed after the execution of this settlement will not be entitled to receive this increase but will be given existing grades of wages applicable to them.

2.

That w.e.f. January, 1st 2014 existing rate of conveyance of the permanent workmen employed at the Factory and who are in the employment of the company on the date of execution this ‘Settlement’ will be increased as under:

Unskilled worker Rs. 640/- per month
Semi-Skilled worker Rs. 680/- per month
Skilled worker Rs. 720/- per month

3.

That w.e.f. January, 1st 2014 existing rate of house rent of the permanent workmen employed at the Factory and who are in the employment of the company on the date of execution this ‘Settlement’ will be increased as under:

Unskilled worker Rs. 960/- per month
Semi-Skilled worker Rs. 1020/- per month
Skilled worker Rs. 1080/- per month

This increase will be effective from 01-01-2014 of those permanent ‘Workmen’ who are on the roll of the ‘Company’ on the day of signing of this Settlement.

4.

That with effect from 01-01-2014 the Attendance Allowance will be paid Rs. 250/- per month only those permanent workmen will be entitled for this Attendance Allowance who will not avail more than 2 days of any type of leave with pay in any month. No attendance Allowance will be paid in case of absence without pay of single day even in the month.

5.

Bonus will be paid at the rate of ONE MONTH and seventy three days skilled and semi-skilled workers and ONE MONTH and seventy seven days for unskilled workers on basic wages excluding allowances for the financial year July-June payable in January, 2014 and January, 2015 respectively to all those ‘Workmen’ who have completed ‘ONE YEAR’ Service on December each year. It is agreed that in one month ‘BONUS’, the amount of COLA will be included. ‘Workmen’ who have or had rendered 90 days or more continuous service during each such year shall be paid the above amount on prorata basis. Workmen having less than 90 days service will not be entitled to receive any ‘BONUS’.

It is expressly and clearly agreed that payment of ‘BONUS’ as aforesaid shall be inclusive of and in complete discharge of ‘BONUS’ payment under Standing Order 10-C of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968. It is further agreed that no claim for ‘BONUS’ whether on the basis of profit or otherwise will be raised by the C.B.A in respect of the aforesaid years. The basis of payment will be as in the past.

It is agreed that as under the present settlement, the total/overall increase if any, in monthly emoluments to be agreed in all future settlements shall also be divided among the head of the Basic. Conveyance Allowance and House Rent in the proportion/percentage as shown below.

Basic 50%
Conveyance 20%
House Rent 30%

It is also agreed that no increase/change in the above agreed percentage will be made on demanded by C.B.A Union.

6.

It is specifically understood and agreed that any monetary increase(s) in wages, allowance or otherwise whether on account of rising cost of living or otherwise which may be granted allowed by any legislation during the currency of this settlement shall be liable to be adjusted against the monetary increase granted under this settlement under head of basic, conveyance, attendance and or house rent as the company decide, so that the C.B.A union/worker may elect to receive the relevant legislated monetary benefit and forego so much of the sum total of the monetary increase granted under this settlement, as does not exceed the monetary benefits granted under the relevant legislation.

7.

ALL WORKMEN who are entitled for a ‘WOOLEN JERSEY’ in two years (i.e. excluding those workmen who are provided with ‘WOOLEN JERSEY’) will be paid Rs. 1,100/- in lieu of the Woolen Jersey due for the calendar year 2013 and 2014. The payment of Rs. 1,100/- will be made by the end of November, 2014.

8.

It is agreed to provide in the month of August of every year a total amount of upto Rs. 50,000/- (Rupees Fifty Thousand only) for two employees only purchasing two motorcycles at price not exceeding Rs. 25,000/- (Rupees Twenty-Five Thousand only) for each. An employee who may be granted such loan shall repay the same in monthly installment of Rs. 850/- which shall be deducted from his wages every month. In view of the amount of loan and of the monthly installment, only an employee with Ten or more years rendered services will be entitled to submit his application to the Management (to join in the lot to be drawn for motorcycle) provided he agreed to create a lien in favor of the Company concerned in respect of all his finalized dues such as ‘GRATUITY’ Provident Fund etc. as the case may be besides agreeing to abide by the rules which have been framed by the Company in this behalf full secured and indemnify the company in respect of repayment of the loan. The employee concerned shall purchase a Motorcycle within a month from the day of payment of loan and produce relevant documents to the Management in evidential proof of purchase. In case the said amount runs short for purchase of Motorcycle, the employee concerned shall be bound to pay the discrepancy to the ‘SELLER’ concerned. The employees concerned shall before taking such load, provide written GUARANTEES of two employees acceptable to the Management for immediate repayment of the loan or balance thereof. In case the employee taking the loan makes any default in repayment of the loan or any instalment at any stage, the whole load shall become repayable forthwith by the employee in case his employment comes to an end for any reason whatsoever, it is specifically agreed that this Motorcycle to be purchased shall be for in the personal use only of the workmen obtaining the loan. If this condition violated the whole unpaid loan shall become repayable forthwith.

9.

It is agreed that an amount of Rs. 1,285/- will be paid Uniform in the month of June, every year all workmen except Maintenance Department workmen shall be paid an amount of Rs. 1,877/- excluding Boiler House for Uniform in the month of June every year. Boiler House workmen shall be paid same as all other workmen.

10.The existing extra duty allowance of Drivers and Chowkidars performing (12) hours duty will be raised from Rs. 1,140/- to Rs. 1,500/- and Rs. 1,120/- to Rs. 1,500/- per month respectively w.e.f. 01-01-2014.

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GENERAL

The settlement shall become effective and come into operation w.e.f. January, 1st 2014 and shall remain in full force up to 31st December, 2015. In consideration of the benefits allowance under this settlement of C.B.A agrees and undertakes that it will not raise during the operative period of this settlement.

A. Any demand involving financial implications directly or indirectly whatsoever on the Company.

B. Any of the demands contained in the Charter of Demands submitted by the C.B.A hereto subject to what has been agreed above and any other demands will be deemed to have been dropped and/or withdrawn by the C.B.A and these will not be raised again in any from whatsoever during the period of operation of this settlement. The benefits granted under this settlement will be given to permanent workmen only.

The C.B.A hereby also agrees:

1. To co-operate with the Management of the Company in maintaining discipline and industrial peace in the establishment.

2. To co-operate with the Management for improving on efficiency and increasing production and productivity.

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REPRESENTING EMPLOYERS:

1. Muhammad Manzoor Hussain - General Manager

2. Syed Parvez Ahmed - Factory Manager

3. Pasha Izzat Abbas - Senior Personnel Officer

REPRESENTING WORKERS:

1. Muhammad Rashad - President

2. Muhammad Aslam - Vice President-I

3. Muhammad Aslam - Vice President-II

4. Israr Ahmed - General Secretary

5. Muhammad Aslam - Joint Secretary

6. Muhammad Nazeer - Vice Joint Secretary

7. Muhammad Ramzan - Office Secretary

8. Badri Zaman - Propaganda Secretary

9. Nadir Khan - Vice Propaganda Secretary

10. Lal Muhammad - Organizing Secretary

11. Bakhat Ali - Treasurer

Memorandum of Settlement Between M/s Kohinoor Soap & Detergents (Pvt.) Ltd and M/s Kohinoor Soap & Detergents (Pvt.) Ltd Employees Union - 2014 - 2014

Start date: → 2014-01-01
End date: → 2015-12-31
Name industry: → Manufacturing
Name industry: → Manufacture of chemicals and chemical products
Public/private sector: → In the private sector
Concluded by:
Name company: → 
Names trade unions: → 

WAGES

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

Wage increase

Wage increase: → PKR 1700.0
Wage increase starts: → 2014-01

Once only extra payment

Once only extra payment: → PKR 1020.0 %
Once only extra payment due to company performance: → No
Once only extra payment takes place: → 2014-01

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → No
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