collective agreement between heritage malta and the union ...

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An Agreement entered into this _______ day of ______________ 2004,between on the one part Heritage Malta, hereinafter referred to as theAGENCY and on the other part the Public Entities Section of the UnionHaddiema Maghqudin, hereinafter referred to as the UNION which isofficially registered under the Employment and Industrial RelationsRegulation Act (2002), and which at the date of this Agreementrepresents the employees on the books of the AGENCY as shown inAppendix A of this Collective Agreement.1. PREAMBLEa) Whereas the AGENCY and the UNION agree that astable and a harmonious relationship between bothparties is desirable for the maintenance of stabilityand industrial peace which would lead to theprosperity, welfare and efficient operation of theundertaking in the mutual interest of both theemployer and the employees, the AGENCY and theUNION enter into this Agreement and pledgethemselves to abide by its provisions and to cooperatein all good faith in upholding the principlesembodied therein.b) Meeting together in free and voluntary association todetermine and to subsequently regulate the relationsbetween them in the interest of mutual understandingand co-operation, the parties to this Agreement haveagreed:-2. RECOGNITIONThe AGENCY recognizes the UNION as the sole bargaining agencyin respect of and on behalf of all the categories of employees shownin Appendix “A” which is attached to and which forms part of thisAgreement, provided that the AGENCY shall reserve the right towithdraw recognition to the said UNION if during the period coveredby this Agreement its membership falls below 50% + 1 of theconfirmed employees of the AGENCY, or if the employees leave theUNION to form another UNION or to join another such organization.If the Management of the AGENCY is changed, such a change orsimilar move shall not be deemed to affect in any way theAGENCY’s and the employees’ undertaking through this Agreement.Similarly the Agreement will remain in force for the duration of theagreed term irrespective of any change in Union recognition.3. PERIOD OF AGREEMENTa) This agreement shall be valid for the period between 1 stJanuary 2004 and 31 st December 2006. At least six (6)months before the expiry of this Agreement, either party maygive notice in writing expressing its wish that this Agreementshall remain in force for a definite period of one (1) year or itsintention to terminate this Agreement and to negotiate a newone. In the latter case, both parties shall immediately enterinto discussions on the terms and conditions of a newAgreement.b) The terms and conditions of employment shall be those asagreed upon between the AGENCY and the UNION and asprovided for by this Agreement. No changes shall beeffected during the validity period of this Agreement withoutthe written consent of both parties to this Agreement.4. MANAGEMENT CLAUSEThe management of the Organization has the authority to execute all thevarious duties, functions and responsibilities vested in the AGENCYprovided that the exercise of such AGENCY shall not in any way conflictwith this Agreement.5. PROTECTION AND FACILITIESa) The AGENCY shall not discriminate against,intimidate or in any way victimize any of itsemployees because of UNION membership or forreason of participation in UNION activities and/oraction. On their part, the employees shall notintimidate or victimize any other employees of the1
AGENCY including members of Management, notcovered by this Agreement.b) The AGENCY agrees to extend to the UNION anyreasonable assistance in order to carry out itslegitimate functions. It, moreover, agrees to grant tothe Shop Steward (or his delegate) all the necessaryfacilities required in connection with activities of theUNION in its relationship with the AGENCY. On itspart, the UNION undertakes to notify the AGENCY ofany changes in the names of Shop Stewards.c) UNION activities in the AGENCY’s time and on theAGENCY’s premises shall only be engaged uponwith the prior written consent of the AGENCY, suchpermission shall not, however, be unreasonablywithheld if adequate pre-notice is given.d) The AGENCY shall provide facilities to the UNION tomake use of a notice board which shall be providedby the AGENCY. Both parties to this Agreementagree that no notices which are not of a legitimateUnion matter will be affixed to the notice board.6. COLLECTION OF UNION FEESa) On a written request by the employee (Appendix “E”)the AGENCY shall deduct the UNION dues from theemployees’ salaries and shall remit same to theUNION on a four-weekly basis accompanied by a listshowing the names of the employees covered.b) It is understood that the employee’s authority to theAGENCY to deduct UNION fees from his/her salarycan be revoked by the employee at any time inwriting and the AGENCY, on receipt of suchrevocation, shall discontinue forthwith to deductUNION dues from his/her wages/salary and informthe UNION concerned accordingly.7. INTERPRETATIONAny reference to the male gender shall be interpreted to mean also thefemale gender, and the singular to mean also the plural and vice-versaas the case may be.8. PROBATIONARY PERIODOn engagement, all new employees joining the AGENCY on orafter the signing of this Agreement shall be considered to be onprobation for a period of six (6) months. Notice of termination ofemployment will be carried according to law by both employer andemployee.9. RESIGNATION OR TERMINATION OF EMPLOYMENTIn the case of resignation or termination of employment for reasonsother than instant or summary dismissal, resignation or terminationof employment by either part may only be given effect to inaccordance with the provisions of Part V of Section 33 - 42 of theEmployment and Industrial Relations Regulation Act (2002),Chapter 452 of the Revised Laws of Malta, or in accordance withany such law as may be in force. Notice of termination ofemployment by either party must be given as shown in Appendix“D”.10. RATES OF PAYa) The rates of pay (before deductions) shall be those shown inAppendix “B” which is attached to and which forms part ofthis Agreement. Each employee shall receive the paycorresponding to his/her grade.b) Rates as shown in Appendix “B” include cost-of-livingincreases that may be decreed by law.c) New employees shall enter the grade at the minimum salaryof the respective grade unless the exigencies of theAGENCY otherwise demand and are approved by the ChiefExecutive of the AGENCY. The latter proviso applies solely2
Page 2 and 3: TABLE OF CONTENTSCLAUSE NUMBERPAGE
Page 6 and 7: to Grades A and B as outlined in Ap
Page 8 and 9: normal time of commencement of work
Page 10 and 11: iii)After twenty four (24) months c
Page 12 and 13: 24. SALARY ADJUSTMENTS ON PROMOTION
Page 14 and 15: employee’s responsibility to ensu
Page 16 and 17: 42. UNOFFICIAL INDUSTRIAL ACTIONThe
Page 18 and 19: APPENDIX A: Categories of Employees
Page 20 and 21: ) The rates of pay (before deductio
Page 22 and 23: APPENDIX D: Resignation or Terminat
Page 24 and 25: APPENDIX F: Disciplinary Procedure(
Page 26 and 27: 4.0 Disciplinary proceduresa) In al
Page 28: APPENDIX H: Closed Days 2004 - 2006

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