Conditions
of
service
Table of Contents
1. 0
INTRODUCTION........................................................................................................................ 5
2. 0 DEF I N I T I O N .................................................................................................................................... 5
.3 0
APPOINTMENTS ................. ....................................................................;. . . . . . .
...· ...... 7
4.0 EMPLOYEE OBLIGATIONS ...................................................................................................... 7
5.0 DISCIPLINE ......................................................................................................................9
6.0 PROBATIONARY PERIOD ................................................................................................... 9
7.0 HOUR OF WORK .................................................................................................................. g
8.0 REMUNERATION ................................................................................................................ 10
9.0 SALARY ADVANCE ............................................................................................................ 11
10.0 STAFF LOANS ................................................................................................................... 11
11.0 OVERTIME ......................................................................................................................... 11
12.0 P E R F O R M A N C E APPRAISAL ............................................................................... 12
14.0
LEAVE POLICY AND PROCEDURE ............................................................................. 13
15.0 MATERNITY LEAVE .......................................................................................................... 13
16 .0 SPECIAL LEAVE............................................................................................................... 13
17.0 COMPASSIONATE LEAVE ............................................................................................. 13
18.0
MOTHER'S DAY ............................................................................................................. 13
19.0
SICKLEAVE ............................................................................................................... 14
20.0 PAID STUDY LEAVE ......................................................................................................... 14
21.0 PUBLIC HOLIDAYS ........................... ........................................ ......... ........................
15
22.0 PENSION SCHEME .........................................................................................................15
23.0 FUNERAL ASSISTANCE ...................................................................................................15
24.0 TRANSFERS ...................................· ............................................................................... 15
25.0 ACTING ALLOWANCE ....................................................................................................16
26.0 TRAINING AND DEVELOPMENT. ................................................................................... 16
27.0 TRAVEL ON DUTY ........................................................................................................... 1 6
28.0 I M P R E S T .....................................................................................................................17
29.0 TERMINATION OF EMPLOYMENT ..................................................................................17
30.0 RESIGNATION AND DISCHARGE ...................................................................................17
31.0 SUMMARY DISMISSAL. ...................................................................................................17
32.0 TERMINATION OF CONTRACT BY DEATH ...................................................................17
.----
33.0 RETIREMENT .................................................................................................................... 17
34.0 REDUNDANCY ................................................................................................................ 18
35.0.
REPATRIATION ..................................................................................................... 18
36.0 CONFIDENTIALITY ............................................................................................................ 18
37.0 DISCLOSURE OF INTEREST ........................................................................................... 19
1.0 INTRODUCTION
1.1
These conditions of service have been developed to ensure that the operations of
Bayport Financial Services are run efficiently and effectively. The said conditions
of service have also been developed to protect and assist both the company and
its employees to understand the contract of employment a d the attendant
!
issues.
•I
1.2
Management reserves the right to change these Conditions should the need arise.
1.3
The Conditions of Service are governed by the current labour and tax legislation.
Should legislation be amended, the Conditions of Service will change accordingly.
1.4
Job descriptions will be made available for every position. Employees must
ensure that their Supervisors/Managers give them a copy of the Job description
relating to the position, which should be read to understand the specific duties for
the position.
2.0 DEFINITIONS
Unless otherwise stated, the singular shall include the plural and the masculine the
feminine. The following words and expressions shall have the following meanings.
2.1
Abscondment shall mean absence from duty without permission or justifiable
reason for a period of seven (7) or more consecutive working days. Any employee
who absconds for this period shall be deemed to have vacated his/her post and
shall be declared a deserter.
2.2
Board shall mean the Board of Directors of Bayport Financial Services.
2.3
Contract Staff shall mean an employee employed for a predetermined period of
time under a written contract signed on behalf of, or with the authority of, the
Company and containing terms and conditions of employment individual to such
an employee.
2.4
Company/Organization shall mean Bayport Financial Services unless the
context indicates otherwise.
2.5
Summary Dismissal shall mean termination by employer of an employment
contract without notice and without salary in lieu of notice on grounds of serious
misconduct.
2.6
Management shall mean Executive or General Management or both.
2.7
Misconduct shall mean any act or omission by an employee, which under the
provisions of these Conditions of Service are described as being misconduct.
2.8
Month shall mean a calendar month or the period commencing on any date after
the first day of a calendar month and expiring on the day preceding the
corresponding date of the next succeeding calendar month.
2.9
Permanent Staff shall mean an employee who has satisfactorily completed a
period of probation and has been notified of this fact in writing.
2.10
Probation Period refers to the period when an employee is assessed suitability
for a job from the date of engagement to when the appointment or employment
is confirmed in writing to the employee by the organisation or the period
specified in the contract as the probation period.
2.11
Registered Dependant shall mean the spouse, son, daughter or legally adopted
children who are under 18 years and registered with Bayport Financial Services.
2.12
Redundancy shall mean separation of employment attributed wholly or mainly
to;
a) The employer has ceased or intends to cease to carry on business
for the purpose for which the employees were employed or
b) The employer has ceased or intends to cease to carry out on
business in the place where employees were so employed. Or
c) The requirement of business for the employees to carry out work
of particular kind in a place where they were so employed has
ceased or diminished or expected to cease or diminish.
2.13 Temporary staff. A person employed on a short term contract for not more than
six months.
2.14
Accrued Leave means the amount of leave that the employee accrues based
on the leave-earning rate.
2.15
Appointment refers to authority to serve in a particular position in or related to
the organisation.
2.16
Child means offspring, legally adopted child or step-child under the age of 18
years.
2.17
Contract means a contract of service under these terms and conditions of
service and includes any annexes, extensions or amendments thereto entered
into by the parties.
2.18
An employee means a member of staff of the company who has
successfully completed a probationary period with Bayport.
2.19
Employment Year refers to a period of twelve consecutive months, ending a
day before the anniversary of the date of the contract or appointment.
2.20
Medical certificate means a certificate issued by a medical practitioner who is
not a family member who is registered with the relevant Medical Authority in
Zambia or an equivalent organisation in any other part of the world and who is
contactable by telephone or any other means, which sets out the nature and
duration of an illness.
2.21 Resignation refers to voluntary termination of employment by an employe
.e
2.22 Salary means an employee's base salary as revised from time to time.
2.23 Spouse is limited to one person to whom the employee is legally married or with
whom the employee has entered into a recognised religious, contractual or
customary union.
2.24
Year means a full calendar year.
2.25
Vocational Employment means any employment of a specified short period to
persons from a learning institution. This does not provide for benefits or
accommodation.
3.0 APPOINTMENTS
3.1
All appointments will be aimed at getting highly qualified and experienced staff
who can add value to the organisation.
3.2
Appointments of contract employees to Bayport shall be through a fixed
contract of employment with a provision for renewal on mutual agreement of
the parties to the contract.
3.3
Appointment of permanent employees to Bayport establishment shall be in
writing and acknowledged by the employee by signing a certificate of
acceptance.
3.4
In both cases, the appointment shall contain details of terms of appointment
such as, salary, grade, end of contract gratuity as specified, effective date
and conditions of service.
3.5
Bayport shall obtain authority from a prospective employee to contact other
organisations in order to obtain information on the applicant's service and
circumstance of their departure.
3.6
Employment shall be deemed to have commenced on the date the employee
first reports for duty.
3.7
Every offer of employment is subject to the prospective employee undergoing a
medical examination by a Registered Medical Practitioner approved by Bayport
and who should certify that such an employee is fit for duty. The cost of such an
examination will be borne by Bayport.
3.8
Staff appointments shall be on equal opportunity basis.
4.0 EMPLOYEE OBLIGATIONS
4.1.
All employees shall be required to perform duties assigned to them
competently in order to ensure the attainment of the organisation's objectives.
4.2.
All employees shall comply with contractual obligations and operational rules
obtaining at Bayport from time to time.
4.3.
The employee shall devote their entire official working time to duty and shall be
required to operate within the stipulated working hours as approved by Bayport.
Any extra time worked may be compensated by time off provided the supervisor
has sanctioned such extra time. However, junior staff may be compensated by
overtime pay.
4.4.
The employee shall work in such places as Bayport may direct provided that
these are within its jurisdiction.
4.5.
The employee shall be required to safeguard the Company's official information
by ensuring that this is restricted for the use by the organisation.
4.6.
The Company reserves the right to ask any employee to furnish it with any
official information at any time.
4.7.
It is a Condition of Employment that the information furnished by the employee
to Bayport as to his/her Curriculum Vitae and other matters are correct in every
respect and that the employee has not withheld any material details.
4.8.
If any such particular referred to in 4.7 above shall be found to be incorrect or if
it is discovered that the employee has failed to disclose any material details, as
determined by Bayport, the Company may summarily terminate the employment
without recourse.
4.9.
All employees shall make statutory contributions to NAPSA.
4.10.
Employees on duty shall dress in a clean, decent and tidy manner at all times in
accordance with the Company's Dress Code.
4.11.
Employees shall obey and comply with all lawful orders given by the Company
or by an official of the Company in authority.
4.12.
An Employee shall not engage in any activity, which shall or might be perceived
as a conflict of interest with the performance of his duties. In case of doubt any
potential conflict of interest shall be declared to the immediate supervisor
inclusive of actions taken to prevent an impairment of the impartial
performance of his duties.
4.13.
The employee shall not engage in any other employment venture or business,
which could conflict with the performance of his duties without the prior
written consent of the Company.
4.14.
During the period of their employment except in the discharge of their duties and
after the termination of their employment with the Company, the employees may
not divulge any information or knowledge acquired during his employment
concerning the organisations with which the Company works.
4.15.
The employee shall be required to sign the Company Declaration of Secrecy
upon taking up appointment with the Company.
4.16.
Employees shall be required to comply with the standard safety regulations of
the Company.
5.0 DISCIPLINE
5.1.
Employees, on c;:1ppointment, shall be provided with a copy of the Company
Disciplinary and Grievances Procedure Code that shall govern their expected
conduct.
5.2.
The Company will ensure that supervising officers and employees are made
aware of the employer and employee's obligations, limitations and Bayport's
expectations.
5.3.
The objective of the Disciplinary and Grievances procedure Code shall primarily
be to provide a framework within which normal self-discipline can evolve and
operate. It will also enable supervising officers to
take prompt disciplinary
action against erring employees with confidence and expeditiously.
5.4.
Discipline of employees shall be the sole responsibility of each supervising
officer.
5.5.
Discipline shall be administered strictly in accordance with Bayport's Disciplinary
and Grievances Procedure Code.
5.6.
All actions of discipline should be taken after establishment of a justifiable cause
and thorough investigations. Proceedings of investigations and disciplinary
action should be committed in writing.
5.7.
To ensure fairness and order in processing disciplinary matters, the Company
shall assign officers to constitute a disciplinary and appeals committee in line
with the Disciplinary and Grievances Procedure Code.
6.0 PROBATIONARY PERIOD
6.1.
The first 3 calendar months of commencement of employment shall be a
probationary period during which the employee's capability and compatibility will
be reviewed by the Company.
6.2.
At the end of the 3 (three) months probation, a formal performance review will
take place to determine the employee's suitability for continued employment.
6.3.
In the event that performance is unsatisfactory during the initial 3 months, the
probationary period may be extended for a further 3 months.
6.4
During probation, termination may be effected by 1 (one) day's written notice
from either party.
6.5.
Induction and orientation of new employees will be conducted by the Human
Resources Department and the respective supervising officers.
7.0 HOURS OF WORK
7.1
The average normal ordinary hours of work shall not exceed 192 (one hundred
and ninety two) hours per 4 (four) week cycle.
7.2
Actual daily hours of work are determined by the operational demands on the
function and in consultation with the supervisor. On occasion, subject to these
operational demands, the employee may be required to work additional hours
or on weekends.
7.3
The normal work hours will be:
•
Monday to Friday 08 00 hrs to 17 00 hrs with one hour lunch break
•
Saturday 08 00 hrs to 12 00 hrs
7.4
However, to facilitate the effective utilization of Employees, normal working
hours may be varied by the Company with an earlier start, later finish, or
different lunchtime.
7.5
The normal hours of work are only a guide to the minimum hours required to
perform the duties of one's job. Management staffs are expected to work
outside these hours without additional payment where necessary to meet the
requirements of their job to at least a fully acceptable level.
8.0 REMUNERATION
8.1
Bayport salary ranges are designed to account for a variety of jobs within each
band and the placement of individual salaries within the band range are
determined by the company. The company shall determine its position within
the market, various market indicators, internal salary comparisons , individual's
experience and performance levels. The grading of jobs will be determined
through a job evaluation exercise.
8.2
There shall be a direct link between staff performance and the reward they can
expect to receive.
8.3
Salary reviews may be made depending on the performance of the company
and the ability to pay.
8.4
The Company as an ethical corporate citizen shall make the right statutory
deductions as specified by the relevant laws of the Republic of Zambia from
staff salaries. This will include the following:
•
Pay as You Earn (PAYE),
•
National Pension Scheme Authority (NAPSA), and
•
Personal Levies.
8.5
The Company will remit all statutory deductions to the relevant authorities.
8.6
The Company shall pay the base salary to the employee throughout his/her
employment by equal monthly instalments in arrears on payday. If the first pay
occurs before the employee has been in employment for one month, the first
instalment shall be apportioned accordingly.
8.7
The Employee hereby authorises the Employer to deduct, from the salary or
other monies due to him, all amounts from time to time payable by the employee
in respect of the following;
a)
The price of all goods or merchandise supplied by Bayport to or to the
order of the employee.
b)
All charges such as for Company travel and related incidental expenses,
which represent the shortfall between the amounts advanced to the
employee and the corresponding total value of the invoices;
c)
d)
All monies that become due to Bayport in respect of any loan payment or
allowance made under the contract·
'
All charges made or levied by Bayport in respect of telephone calls or
indeed any service provided by Bayport to the employee or to his/h r
order; and
e)
All fines levied pursuant to certain Statutory Regulations.
9.0 SALARY ADVANCE
9.1.
Applications for salary advances supported with evidence will be considered
only under the following circumstances:
a)
Funeral
b)
Sickness and
c)
Similar extenuating circumstances
9.2
The amount advanced will be deducted from the following month's salary.
9.3
The salary advance shall be interest free.
9.4
An employee shall only be entitled to four salary advances per annum
9.5
An advance should not exceed 50% of an employee's monthly salary.
10.0 STAFF LOANS
10.1 Management will endeavour to outsource the provision of non committal loans
from Banks for its employees, provided such loans which shall be paid through
the payroll at an agreed interest rate, shall be at the discretion of Management
and shall not constitute a right.
10.2 The Company shall be entitled, on the termination of the employees' service
for any reason whatsoever, to deduct all monies owing to the Bank by the
employee from monies payable to the employee. Employees will only be
entitled to apply for such loans upon successful completion of the
probationary period.
11.0 OVERTIME
11.1 It is the Company policy to avoid employees working overtime. However, there
are some unavoidable situations when staff members are required to work
overtime.
11.2.
Where overtime is necessary and in the Company's interest, due compensation
shall
be paid for overtime worked.
11.3
There are some functions that by their nature would require overtime work on
. Saturdays, Sundays and public holidays.
11.4
For purposes of this document, overtime will only apply to work done on
Saturday, Sunday and public holidays and after 18:00 hours on weekdays
except where other specific conditions are stated in employment letters in this
regard.
11.5
All overtime must be authorized in advance by the Line Manager and
Departmental Executive against agreed planned targets; any overtime worked
that has not been authorised in advance will not be paid. Line Managers must
retain records of all planned overtime.
11.6
Overtime shall be paid to junior staffs that have been requested by their
supervisors to carry out duties which are of an exceptional nature and not
within their daily defined responsibilities and will be computed as follows:
11.7
a)
One and half times the rate of pay for weekdays and Saturdays
b)
Double rate for Sundays and public holidays
Public holidays shall be treated the same as Sundays for eligible staff
members.
11.8 The Company may reclassify which positions are eligible for overtime at its
election.
12.0 PERFORMANCE APPRAISAL
12.1
Bayport shall adopt a results orientated performance appraisal system, which
will be used to evaluate the employee's effectiveness in terms of performance
of duty in line with set performance objectives, job requirements, targets or
Standards. In this regard, the Company shall carry out regular performance
appraisal of its employees at least quarterly.
12.2
The performance appraisal system shall include a staff development plan to
address the employee's weak areas.
12.3
The aims of the performance appraisals are to: a)
Identify employees' current levels of job performance; and
b)
Identify employees' strengths and weaknesses in order to determine
individual and/or organisational training needs that may lead to
improved job and/or organisational performance.
c) Assess the employees' level of contribution to form the basis upon which
a salary review may be awarded accordingly.
12.4
To be eligible for assessment, the employee must have served under the
assessing supervising officer for a minimum period of six (6) months.
13.1
Recognition for exceptional work by an individual or group of individuals will
be made by management through various awards.
13.2
Any entitlement to and the amount payable in respect of a performance
bonus in any year is solely the discretion of the Company and such
payment in one year will not be regarded as a precedent of a bonus payment
in any other year.
13.3
To be entitled to receiving a bonus, the employee should have been there
during the period under review.
13.4
All bonus payments are taxable.
14.0 LEAVE POLICY AND PROCEDURE
14.1 Annual Leave
14.2
The policy on annual leave is that it is in the employees' own interest to take
their leave when it is due. Postponement of leave beyond certain limits or
commutation of leave days for cash will normally not be permitted except
under special circumstances.
14.3 The annual leave entitlement for all employees will be 24 days per annum (2
days per month.)
14.4
The Company shall determine when an employee may go on leave.
15.0 MATERNITY LEAVE.
15.1 Serving female employees shall be eligible for grant of the first maternity
leave with pay if she has served for not less than two years (24 Calendar
months).
15.2
A serving female employee shall be eligible for the grant of subsequent
maternity leave if she has served for a continuous period of not less than two
years (24 Calendar months) since returning from her previous leave.
15.3
Staff who joined Bayport prior to 4th November 2016 as well as staff at Office
Assistant level shall be granted maternity leave at hundred and twenty (120)
calendar days paid on production of a medical certificate to ascertain her
pregnancy signed by a registered medical practitioner or medical institution.
Staff joining Bayport post 4th November 2016 are entitled to 90 days
maternity leave.
15.4
In case illness arises out of pregnancy and results in a female employee
becoming incapable of performing her official duties, such an employee shall
be entitled to sick leave in accordance with the provisions of this Agreement.
16 .0 SPECIAL LEAVE
16.1. An employee will be granted special paid leave under the following
circumstance:
16.2 Two days on the Marriage of an employee once in life time.
17.0 COMPASSIONATE LEAVE
17.1
Five days on the death of the registered wife/ husband, child, biological
mother and father.
18.0 MOTHER'S DAY
18.1. A female employee shall be entitled to one day's paid leave in any given
month as prescribed by the law.
19.0 SICK LEAVE
19.1
An employee who is, according to the Judgment of a registered physician or
medical institution, unable to execute his work NOT occasioned by his own
default shall on the production of a medical certificate be paid sick leave
provided that such sick leave shall be in compliance with the following:
19.2.
When an employee is absent from work as a result of an industrial accident,
he/she shall be covered by the provision of the Workmen's Compensation Act
Cap 271.
19.3
An employee who is unable to execute normal duties due to illness or
accident not occasioned by the fault of the employee shall, on production
of a medical certificate from a registered medical practitioner or medical
institution designated by the employer, be granted paid sick leave at the
following rates:
19.4
(a)
At full pay during the first three months; and
(b)
Thereafter, at the half pay for the next three months
(c)
Notwithstanding subparagraph (a & b) if the employee has not
recovered from illness or accident after six months from the date of
illness or accident, the employer may on the recommendations of a
registered medical ppractitioner or medical institution designated by
the employer discharge the employee where upon the entitlement to
sick leave shall cease.
A female employee shall be granted leave of absence without loss of pay to
enable her nurse her sick child who has been hospitalized if due to the nature
of illness the child requires special attention. Provided that an employer may,
before granting such leave, require the employee to produce a medical
certificate from a medical practitioner recommending that the leave of
absence be granted to the mother.
(a)
Days taken as leave under subparagraph (19.4) shall not be deducted
from the employees' accrued leave days.
20.0 PAID STUDY LEAVE
20.1
Employees will be allowed time-off to attend examinations provided the
Company had approved the programme/course.
20.2
The examination is aimed at improving job competency and directly relevant
to both employee development and career path within the company.
20.3
Application for examination leave shall be submitted with bona fide
documentary proof bearing the name of the institution, the staff member's
name and the dates and subjects of the examinations to be written through
the Line Manager to the Manager Human Resources.
20.4
On presentation of documentary proof of examinations to be undertaken,
each Bayport employee engaged in an authorised or advised course of study
will be provided a specific number of days for sitting for examinations.
20.5
Examination leave covers specific days of examinations and does not cover
periods needed for attending lectures and preparation for examination.
20.6
The Company will grant employees one (1) day paid leave, i.e. on the day that
the exam is written, Study leave will only be granted once in respect of a
specific course. This means that if an employee fails a subject and has to re­
write the same paper, no study leave will be granted for such examination.
Any time so required for study leave will be treated as either annual leave or
unpaid leave.
20.7
If an employee does not write an examination, any study leave that was
granted, will be treated as unpaid leave: Provided that if the employee was ill
and a medical certificate handed in, such leave will be treated as sick leave.
20.8
Where an employee unavoidably needs a full day (because of the distance to
the examination centre) to travel outside his/her workstation to sit for
examination, the days to travel to and from the examination centre shall be
approved as part of the examination leave day's entitlement.
20.9
A maximum of five (5) days study/examination leave will be granted to an
employee as study/examination leave. The company will grant employees one
(1) day paid leave, i.e. on the day that the exam is written, to a maximum of
five subjects per course. Any additional courses that the employee undertakes
and will require study leave for, must be taken as annual leave.
20.10 Study leave applications with no exam details attached will be recorded as
annual leave and returned to the employee's manager until proof of the exam
is given.
21.0 PUBLIC HOLIDAYS
21.1. All public holidays as per the Public Holidays Act and any other national
declared holidays shall be observed. These holidays shall be considered as
paid public holidays and shall not affect the leave days of employees.
22.0 PENSION SCHEME
22.1 In accordance with statutory regulations, membership of the National Pension
Scheme is compulsory for all employees of the Company and contributions
will be paid according to that scheme.
23.0 FUNERAL ASSISTANCE
23.1 The Company will establish a Funeral Assistance Policy with an insurance
company for purposes of funeral expenses on the death of an employee,
spouse, children and biological parents.
24.0 TRANSFERS
24. 1 Management reserves the right to transfer staff to wherever their services are
needed.
,.-.
24.2.
The company will bear the expenses of relocating staff from one station to
another at minimum cost if the transfer is initiated by the company.
24.3
An employee may be transferred on temporary basis to act in place of
another employee who is on leave.·
24.4
Transfers shall be Management prerogative and requests for transfer from
staff will only be considered on merit.
24.5
An employee who has been transferred from one branch to another in a
different town and requires shifting with a family will be paid settling in
allowance of a one month's salary across the board
24.6
Internal transfers shall be made at management's discretion.
24.7
Employees transferred at own request will not be entitled to any settling in
allowance.
25.0 ACTING ALLOWANCE
25.1
An employee required to perform temporarily a job at a higher Level for at
least 30 (thirty) working days will receive an acting allowance
25.2
The acting allowance will be equivalent to 10% of one's monthly salary based
on the number of days in the acting position.
25.3
The maximum period for acting in a position will be no longer than six
months.
26.0 TRAINING AND DEVELOPMENT
26.1 The Company will encourage personal career development programmes for
members of staff.
26.2
The organisation will endeavour to develop, maintain and implement Human
Resources Development and Training Programmes for the purpose of
improving individual employee performance and allowing for career
advancement.
26.3
Bayport will recognise the need for training, administered through different
forms of gaining knowledge. The different forms of training shall include,
where possible on-the-job, in-house, in-country, regional, international,
attachments, seminars and workshops.
26.4
It is the responsibility of the supervising officer in liaison with the Human
Resources department to ensure that staff capabilities are fully utilised and
their potential for development realised.
26.5
The company will be selective in the support to training courses giving
preference to priority areas.
27.0 TRAVEL ON DUTY
27.1
Subsistence allowance will be paid when an employee travels on duty to a
station that involves an overnight's stay away from his/her station and makes
his/her own accommodation arrangements.
27.2
27.3
27.4
Departmental Head shall be responsible for authorising travel expenses
within their respective areas.
Substance allowance to be paid for employees spending a night on company
duty shall be determined by management from time to time.
No subsistence allowance will be paid in respect of absence from employee's
station, which does not involve an overnight stay.
28.0 IMPREST
28.1 All imprest must be retired within 48 hours (2 working days) of the staff
members return to their station.
28.2
In the event that imprest is not retired within the specified period, Finance
department shall deduct from salary immediately.
29.0 TERMINATION OF EMPLOYMENT
29.1
Except where employment has been terminated through summary dismissal,
either party may terminate the contract by giving not less than 30 days notice.
29.2
On termination of employment, the Company shall recover from the
employee, by deducting from the employee's salary all monies due.
29.3
On termination of employment, the employee will be required to hand over
to the Company all the company's property in his/her possession or under
his/her control.
30.0 RESIGNATION AND DISCHARGE
30.1
On discharge of the employee, the Company shall pay the employee salaries,
allowances, leave pay and all benefits accruing to the employee up to the time
of end of the contract less any recoveries of monies that the employee
may be owing to the Company.
30.2
On resignation by the employee, the Company shall pay the employee
salaries, leave pay, allowances and all benefits accruing up to the date of
resignation less any recoveries of monies that the employee may be owing.
31.0 SUMMARY DISMISSAL
31.1
Management may dismiss an employee summarily if he/she is
guilty of misconduct.
31.2
Where an employee is summarily dismissed, he/she shall be entitled to
payment of a salary on prorate basis and accrued leave days.
32.0 TERMINATION OF CONTRACT BY DEATH
32.1 The contract of employment shall terminate upon the death of an employee. On
death of the Employee, the Company shall pay the salary; leave pay, allowances
and all benefits accruing up to the date of death.
33.0 RETIREMENT
33.1
The normal retirement age shall be 55 years of age.
Bayport reserves the right, to re-engage retired employees on
limited duration contracts.
33.2
The employee may be retired on medical grounds on receipt of a medical
recommendation. The benefits paid to such an employee will be as provided
in the Company Pension Scheme.
34.0 REDUNDANCY
34.1 Where in the event of its operations, due to unforeseen circumstances, it
becomes necessary to declare employees redundant , the company shall
institute a redundancy or retrenchment exercise.
34.2
Redundancy shall be dealt with in accordance with the labour laws of Zambia.
34.3
Management will endeavour to find alternative employment within
Bayport before declaring an employee redundant.
34.4
Once an employee has been declared redundant or retrenched, the Company
shall pay the employee salary, allowances, leave pay and all benefits
accruing to the employee on pro rata basis.
34.5
Employees declared redundant will be entitled to their normal period of
notice or pay in lieu of notice as outlined in this document. All redundancy
shall be in writing.
34.6
Redundancy payments shall be made in accordance with the existing labour
legislation. Any redundancy payments are subject to the Zambian taxation
laws.
34.7
Redundancy calculations shall be on the basis of the last drawn salary.
35.0 REPATRIATION
35.1. An employee, on retirement , discharged on medical grounds, declared
redundant or dies; shall be repatriated together with his or her registered
dependants, household and personal effects be transported to the place
where he was recruited from.
35.2.
The employee must advise the company in writing of their wish to repatriate
within three months of their separation with the company.
35.2
The Company will be under no obligation to repatriate an employee at the
expiration of three months.
35.3.
All repatriation cost must follow the accepted procurement procedures of the
Company.
36.0 CONFIDENTIALITY
36.1
The employee shall not, either during or after his/her employment, divulge or
utilise any confidential information belonging to Bayport, any of its associated
organisations, or organisations to which the employee may be seconded.
Such confidential information includes any information relating to the business
affairs of Bayport that have come to his/her knowledge during his/her
employment.
36.2
All contact with anybody seeking information on the Company or any activity,
which is associated with the Company, must be referred to the executive
Management.
36.3
If the information that is sought is to be made publicly available, in particular
to the media, such information may only be made available in consultation
with the Chief Executive Officer or designated official. No interaction with the
media may be entered into by any employee. All media queries must be
referred to the Chief Executive Officer or designated official.
36.4
The disclosure of any information and/or documentation that relates to the
operations, trade secrets, etc of the company to unauthorised third parties
without the relevant permission is expressly forbidden. Violation of this will
lead to instant dismissal.
37.0 DISCLOSURE OF INTEREST
37.1. Employees must disclose all personal business interests to their respective
departmental executives
37.2.
Where there is a perceived conflict of interest, the employee may be
requested to either terminate his involvement with the external business
interest or resign from the Company.
34.3.
Employees may not during the course of employment by the Company ,
including period of annual or other leave, perform or engage in work either
for own benefit or for the benefit of any other person, body or corporate
entity without the express written permission of the Company.