PROPOSALS BY SARAWAK BANK EMPLOYEES’ UNION

WITHOUT PREJUDICE

COLLECTIVE AGREEMENT

 B E T W E E N

SARAWAK COMMERCIAL BANKS' ASSOCIATION

 A N D

 SARAWAK BANK EMPLOYEES' UNION

  (Effective from 1st January 2006) 

Please note that we have departed from previous practice and do not reproduce those articles and sub clauses where we do not proposed any changes. These articles shall be incorporated into the new agreement once there is agreement on the changes proposed.

Where we propose to delete parts of the existing CA, we have indicated accordingly 

ARTICLE 1 - PARTIES 

(2)        It shall be an implied term of the contract of service between the Bank and its employees in the Non-Clerical, General Clerical, Sales and Marketing/Non-Executive Officers categories (hereinafter referred to as "the employees") that the rates of salaries to be paid and the conditions of employment to be observed under the contract shall be in accordance with this Agreement. 

article 2 - EFFECTIVE DATE AND DURATION 

This Agreement shall be deemed to have come into effect on 1^st January 2006 and shall continue to remain in force until 31^st December 2008 and thereafter, until superseded by a new Agreement. 

ARTICLE 3 - MODIFICATION AND TERMINATION

No Change 

ARTICLE 4 - SETTLEMENT OF DISPUTES 
 

No Change 
 

ARTICLE 5 - RECOGNITION OF THE BANK

NO CHANGE
 

ARTICLE 6 - RECOGNITION OF THE UNION  

No Change

NEW ARTICLE

ARTICLE 7 - LEAVE ON TRADE UNION BUSINESS

(1)        An employee intending to carry out his duties or to exercise his right as an officer of a trade union shall apply in writing to the Bank for leave of absence, stating the duration of and the purposes for which such leave is applied for and the Bank shall grant the application for leave if the duration of the leave applied for is for a period that is no longer than what is reasonably required for the purposes stated in the application:

            PROVIDED THAT an employee shall not be entitled to leave with pay for the duration of his absence if the purposes for which he is absent from work are not to represent the members of his trade union in relation to industrial matters concerning his employer.

(2)        The Bank may grant to its employees leave with full pay to attend trade union courses or conferences provided that:

            (a)        such leave shall not exceed six months in the case of a trade union course or one week in the case of a trade union conference;

            (b)        the number of employees attending such a course or conference shall not be more than one (1) from each Head Office Department or not more than one (1) from each Bank Branch, subject to a maximum of three (3) from each Bank;  and

(c)     application for such leave should be supported by a letter from the Union Head Office.

(3)        For the purposes of this Article, "officer of a trade union" means "officer" as defined under the Trade Unions Act 1959.

NEW ARTICLE

 ARTICLE 8 - INTER-RELATIONS COMMITTEE

            (1)        Inter-Relations Committee (IRC) comprising representatives of employees in a Bank may be formed for the purpose of fostering and maintaining good relations between management and employees.  For the purpose of this Clause, the term "a Bank" refers to each Branch of the Bank, its Main Office/Head Office.  In cases where the Main Office and Head Office are housed in the same building, there may be one (1) IRC for both the Main Office and Head Office or two (2) IRCs, one each for the Main Office and Head Office.

(2)        Meetings between the IRC and the Management may be arranged at times which are mutually acceptable.  At such meetings, the IRC shall consist of not more than four (4) employees.

(3)        The functions of the IRC shall be :-

            (a)        To promote measures for securing and preserving amity and good relations between employees and management;

            (b)        To comment upon matters of common concern;  and

            (c)        To reconcile differences of opinion on matters under Clauses (3)(a) and (b) above.

(4)     A minimum of two (2) members of the IRC shall represent employees in the Safety and Health Committee established under the Occupational Safety and Health Act 1994.

(5)        Notwithstanding Clauses (1) and (3) above, the IRC shall not make any claims outside the provisions of this Collective Agreement nor shall the IRC perform the functions of the Union as a negotiating body. 

NEW ARTICLE

article 9 - NOTICE BOARDS 

The Union may, with the prior approval of the Bank, use the Bank's Notice Boards that are installed on the premises for transmitting information to employees. 

ARTICLE 10 - PROBATION 

NO CHANGE
 

ARTICLE 11 - ANNUAL INCREMENT 

(1)     A confirmed employee shall be entitled to receive an annual increment OF NOT LESS THAN 7% OF HIS SALARY on the incremental date until he reaches the maximum of his salary structure, unless his increment has been deferred or stopped due to disciplinary reason.

(2)     For the purpose of this Article 11 (2), "salary structure" means the salary structure of the Non-Clerical, General Clerical, Special Grade Clerical, or Sales and Marketing/Non-executive Officer Grade structure, as the case may be. Thus, where an employee was first appointed to the Bank as a Non-Clerical on 1st January (incremental date 1st January) and subsequently promoted to the General Clerical on 1st July, his new incremental date will be 1st July; and if he is subsequently promoted to the Special Grade Clerical on 1st January, his new incremental date thereafter shall be 1st January.

(5)        Annual salary increments for employees in the Performance Related Remuneration System (PRRS) under Article 19(4) of the Collective Agreement shall be in accordance with the bilateral agreement between the Bank and the Union. 

ARTICLE 12 - NATIONAL SERVICE
 
No Change
 

ARTICLE 13 - DISABLED EMPLOYEES

                No Change

 ARTICLE 14 - TEMPORARY EMPLOYEES

(1)        The Bank may appoint Temporary employees in abnormal circumstances, such as those arising from cases of increase in volume of work, sickness, maternity, leave of absence without pay, or reorganisation.  Such employment shall not exceed 6 months.  In the event the need to continue employment exceeds 6 months, the Union shall be consulted accordingly they shall be deemed to be confirmed in employment. 

(2)        The only other provisions of this Collective Agreement that shall apply to a temporary employee are the following :-           

(c)        Article 19              --       Rates of Pay 

(g)      Article 26A       –  Additional Rest Days on the First Saturday and Third Saturday of each Month; 

ARTICLE 15 - TRANSFER 

(1)        Transfer of employees within the same city or town may be made by the Bank at any time at its sole discretion.

(2)        (a)        Where it is necessary to transfer any employee to another city or town in Sarawak,

other than with the consent of such employee, such transfer will not be carried out without the Bank giving sympathetic consideration to cases where undue hardship will be caused:

PROVIDED THAT where the Bank is satisfied that undue hardship will be caused, then the transfer of the employee concerned shall not be carried out without the employee being given a reasonable period of time to organise his affairs.  The period of time allowed in such cases shall not exceed three (3) months from the date of first notification of the transfer.

(b)        Employees who are subject to transfers to another city of town, including those who volunteer to Banks call for such transfers but excluding those who requested for transfers on their own initiative, shall be entitled to the following claims

(i)                  Hotel accommodation for the family and the employee including laundry for three (3) weeks.

(ii)                Daily subsistence allowance as per SCBA/SBEU agreement including family members for three (3) weeks as follows:

(iii)              Unrecorded leave for three (3) working days to organize his affairs prior to the transfer.

(iv)               Incidental/Relocation expenses  - RM1,000-00 for single and RM2,000-00 for married.

(v)                 Cost of packing and transporting personal and household items to a maximum of 700 cubic feet including parking storing and insurance

(vi)             Outstation monthly housing allowance:

The rate of housing allowance shall be reviewed on a yearly basis so as to be at par with prevailing rental/housing prices.

The monthly housing allowance shall cease to be paid once the employee has utilized his housing loan entitlement to purchase a house in the area he has been transferred.

(vii)          Traveling expenses for employee, spouse and accompanying dependents at RM2.00 per KM or economy airfare

(viii)       Free air passage back to their hometown annually for the employee, spouse and accompanying dependents. 

(4)        Transfer Expenses

Employees who are transferred shall be entitled to claim transfer expenses as per existing practice in the various member Banks. 
 

ARTICLE 16 - PROMOTION

(1)        Suitable Non-Clerical employees may be eligible for consideration for promotion to General Clerical vacancies if the employees have the necessary experience and/or qualification.

(2)        (a)        General Clerical and/or Special Grade Clerical employees may be considered for promotion to the Special Grade Clerical and/or Sales and Marketing Non-executive Officers, when a vacancy exists in a senior post of responsibility.

(b)        For promotees to Special Grade or Sales and Marketing /Non-Executive Officers, the Bank may impose a probationary period of not less than three (3) months but shall not exceed four (4) months.  The Bank shall, as soon as thereafter, notify in writing to the employee that he is being confirmed.  In the absence of such a notice, the employee shall be deemed to be confirmed.   In the event the employee is not confirmed in the Special Grade post, he shall be reverted to his former position and salary as if he was not promoted.
 

ARTICLE 17 - EFFICIENCY AND DISCIPLINE
 

(1)        The Bank may take disciplinary action in the event of inefficiency, misconduct, or indiscipline as follows :-

            (a)        Inefficiency

            Should the Bank consider an employee is failing to carry out his duties efficiently, a warning letter will, after investigation, be addressed to him.   After three (3) such written warnings have been issued at intervals of not less than three (3) months within a period of not more than two (2) years, the Bank shall be entitled to dispense with the services of the employee in question or alternatively to withhold any increment for which the employee is eligible.

PROVIDED THAT the bank shall not invoke Article 7(1)(a) to discipline an employee based on his grades under an appraisal system.
 

ARTICLE 18 - TERMINATION OF EMPLOYMENT

No Change

ARTICLE 19 - RATES OF PAY

(1)        The Bank shall pay every employee a monthly salary.

(2)        Salary Structure

            With effect from 1^st January 2006, the salary structure for :-

(a)        Non-Clerical;

(b)        General Clerical;  and

(c)                 Special Grade Clerical; and

(d)                 Sales and Marketing  & Non-Executive Officers

 Employees shall be as prescribed in the SALARY STRUCTURES, as per Appendix IA and Appendix IB.

 (4)        Performance Related Remuneration System (PRRS) 

PRRS is a new system of remuneration linking the salary to performance.  PRRS  shall be introduced and implemented by a member Bank only upon entering into a bilateral agreement which shall constitute as a supplementary agreement to this agreement.  The supplementary agreement shall be deposited with the Industrial Court for cognizance.  In the event the Union disagrees to the conversion to PRRS in a particular member Bank the disagreement shall be referred to the Standing Committee established under Article 4 (4).

(5)        The minimum and the maximum salary for the two systems shall be the same.

(6)        The Bank which opt to remain in the conventional salary structure shall be allowed to do so.

(7)        Sarawak Allowance 

No Change 

ARTICLE 20 – BONUS- To be replaced  as follows;

ARTICLE 20-A  –  ANNUAL WAGE SUPPLEMENT (AWS)

1.                   Every employee who is in service as at 31st December and is confirmed in his employment shall be entitled to an annual wage supplement (AWS) equivalent to a minimum, the salary including the Sarawak Allowances, and other allowances paid for the doing of a specific task or job, which will be drawn by him for the month of December in that year.  Such AWS shall be paid to the employees not later than the 15^th December.

2.                   Where a confirmed employee has less than 12 months service as at 31st December in a given year, he will be entitled to a proportionate amount of AWS.

3.                   Where an employee is still on probation on 31st December, he will be paid a proportionate amount for that year only when he is subsequently confirmed in his appointment.

4.                   Proportionate AWS will be paid to an employee who resigns from service during the year after having been confirmed. Provided, however, that no employee shall be eligible for payment of proportionate bonus under the following circumstances:-

(a)        If he resigns or leaves the service of the Bank without giving proper notice in writing or indemnity in lieu thereof under Article 18;   or

(b)        If he resigns in circumstances involving serious misconduct (including fraud, embezzlement or dishonesty) or gross negligence, or if he is discharged or dismissed under the same circumstances. 

PROVIDED THAT where an employee is allowed by the Bank to set off his Annual Leave against the notice period, he shall not be disqualified from receiving his proportionate AWS under this sub-clause.

Such AWS on his last drawn basic salary including Sarawak allowances and other allowances mentioned in Article 20(1) shall be paid to an eligible employee at the time when he leaves the service of the Bank.

5.                   Employees who retire or are medically boarded out due to ill-health or disablement or die whilst in service during the year are also entitled to the payment of proportionate AWS.

ARTICLE 20-B  -  PERFORMANCE BONUS

1.                   The bank shall grant an annual performance bonus to its employees based on their performance, to be paid not later than 1 April of the following year.

2.                   The total aggregate bonus paid under clause (2) to all eligible employees shall be in accordance with the Bank’s Return on Equity as follows;                                                     

ROE                                                      Variable Bonus 

Up to 7.0%                                     -           1.00 month
Above 7.0% to 8.0%                        -           1.25 months
Above 8.0% to 8.5%                        -           1.50 months
Above 8.5% to 9.0%                        -           1.75 months
Above 9.0% to 9.5%                        -           2.00 months
Above 9.5% to 10.0%                       -           2.25 months
Above 10.0% to 10.5%                     -           2.50 months
Above 10.5% to 11.0%                     -           2.75 months
Above 11.0% to 11.5%                     -           3.00 months
Above 11.5%                                   -           3.25 months

3.                   Employees will not be eligible to any performance payment if the Banks ROE is negative. 

4.                   The following shall be the basis of computation of the Return on Equity (ROE) for the purpose of the variable bonus formula: 

                                              Net Profit After Tax (NPAT)
Return on Equity (ROE)   =   ------------------------------------------------
                                          Average Shareholders’ Fund (ASF)

where: 

(a)                             The ROE is for the Bank 

(b)                             The NPAT is determined after elimination of inter-company transactions, minority interests, extraordinary profits (sale of assets, etc), and non-Bank subsidiary companies’ profits in line with accepted accounting practices. 

(c)                             The ASF refers to the average of the opening and closing of the Capital and Reserves for the financial year, and is determined after elimination of reserves and goodwill on consolidation and minority interests in line with accepted accounting practices to reflect the AmBank Group’s shareholders’ fund as a whole. 

5.                   For the purpose of computation, salary shall be based on the last drawn salary at the end of the financial year (i.e. 31^st December each year) in which the bonus is calculated and shall include basic salary, Sarawak Allowances and other allowances paid for the doing of a specific task or job. 

6.                   The variable bonus shall be paid in or before April each year after the release of the official financial results.  The bonus shall only be paid to employees who are still in service on the date of payment.  The date of payment shall not be later than 30^th June of each year.  In the event that there is a delay in payment and the date of payment is later than 30 April, any employee who was in the service of the Bank as at 30 April shall be eligible for the payment. 

7.                   For an employee who has completed less than one year’s service during the financial period in which the variable bonus is calculated, he shall receive a proportional quantum based on completed days of service. 

8.                   The performance bonus shall be distributed in accordance with employees’ performance rating as laid out in clause (20-B) 

20-B- 1  PERFORMANCE APPRAISAL / EVALUATION 

1.                   An essential component of performance management is the annual evaluation of performance against objectives.  As part of the evaluation each employee will be given an overall performance rating at one of the following levels: 

·         Outstanding

·         Commendable

·         Fully Competent

·         Developing / Not Evaluated

·         Needs Improvement

·         Unsatisfactory 

2.                   There shall not be more than 5% of the total employees rated Outstanding.  There shall not be more than 5% of total employees rated Needs Improvement and Unsatisfactory  

3.                   The overall performance rating shall be appraised through an open appraisal system.  Such system shall amongst others, have the following features:

                           I.            Clear job objectives and reasonable & achievable targets for the employee shall be set and agreed with the employee by 1 January of each year.

                         II.            These objectives & targets shall take into account the views of the union.

                        III.            These shall be a quarterly review and or counseling for the employees whose performance are below fully competent.  These employees shall be advised in writing by the bank by 1 July of each year.

4.                   Where such objectives and or targets are not set by the Bank, the employee shall be given a Fully Competent rating.

5.                   Where such objectives and or targets are set but are not agreeable by the employee, the employee shall not be evaluated/appraised for the year and he shall be given a rating of Not Evaluated.  The employee shall not unreasonably withhold his agreement.

6.                   If an employee has not been in the role for three months at the time of the annual performance evaluation, a “Not Evaluated” rating is to be given.

7.                   The Bank shall provide the union with relevant details of the ratings awarded to each employee.

8.                   Training shall be provided by the bank for the union officials and managers in managing the performance related remuneration system and the appraisal system.

9.                   Where an employee is not satisfied with his job objectives, targets and or performance rating, he may invoke the Grievance Procedure under Article 4, beginning with section (c) – Settlement of Dispute at Branch Level. 

20-B-2   PERFORMANCE PAYMENTS 

Where the Bank achieved a positive ROE and in accordance with the aggregate total bonus declared as per clause 20-A (2). 

                     I.                  A performance bonus of at least half the employee’s salary for the month of December of that year shall be paid to the employee where the employee’s overall performance has been rated Needs Improvement/Not Evaluated. 

                   II.                  A performance bonus of at least the employee’s salary for the month of December of that year shall be paid to the employee where the employee’s overall performance has been rated Fully Competent. 

                  III.                  A performance payment equivalent to at least 2 times the employee’s salary for the month of December of that year shall be paid to the employee where the employee’s overall performance has been rated Commendable. 

                IV.                  A performance payment equivalent to at least 3 times the employee’s salary for the month of December of that year shall be paid to the employee where the employee’s overall performance has been rated Outstanding. 

                  V.                  No performance payment shall be paid to those with an unsatisfactory rating. 

ARTICLE 21 - ALLOWANCES
 

(1)        When employees are required to travel for the performance of their duties, the Bank shall, at its own discretion, determine the mode of transport to be used by the employees for the travel.  Employees who are required to use their own means of transport in the performance of their duties shall be paid a transport allowance at a rate not less than 60 RM2.00 per km for motorcars and at a rate not less than 50 RM1.00 sen per km for motorcycles or reimbursed with actual transport costs.  The Bank shall reimburse toll charges and parking fees.

(3)        Subsistence Allowance

            (b)        Duty Involving Travel Beyond 15 Kilometres And Not Requiring
            Overnight Stay

(i)         For duty in East Malaysia involving travel beyond 15 kilometres from normal place of work and not requiring overnight stay  -  RM15.00 RM20.00 per day.

(c)        Duty Involving Travel Beyond 15 Kilometres And Requiring Overnight Stay

For duty in East Malaysia involving travel beyond 15 kilometres from normal place of work and requiring overnight stay - hotel accommodation at a Bank-appointed hotel plus RM45.00 RM65.00 per day, excluding the day of return to normal place of work or a lump sum of RM85.00 RM125.00 per day, excluding the day of return to normal place of work.

            (d)        Duty in Peninsular Malaysia

For duty in Peninsular Malaysia, hotel accommodation at a Bank-appointed hotel plus RM53.00 RM80.00 per day, excluding the day of return to normal place of work or a lump sum of RM105.00 RM155.00 per day, excluding the day of return to normal place of work.

            (e)        Day of Return to Normal Place of Work

An employee who is returning to his normal place of work after an outstation duty under paragraphs (c) and (d) above shall, in addition to payment for transport, only be paid the following :-

(i)         if he returns to normal place of work before 11.30 a.m.  -  RM11.00 RM20.00.

(ii)         if he returns to normal place of work after 11.30 a.m. but before 6.00 p.m.  -  RM27.00 RM40.00.

(iii)        if he returns to normal place of work after 6.00 p.m.  -  RM42.00 RM60.00.

(5)        Relief/Acting allowances 

The Bank shall pay Relief/Acting allowances to employees  relieving or acting of a grade above the employees for RM50.00 per day. 

(6)        Marketing/Sales allowance     

The bank shall reimburse all expenses incurred by the employees when required by the Bank to perform a marketing/sales duties.
 

ARTICLE 22 - ADVANCES

(1)        Housing Loan

            Each employee, regardless whether he is married to another in the same Bank, is eligible to a housing loan as follows:-

(a)     Amount - A minimum of 96 120 months basic salary or RM160,000/= RM240,000/= whichever is lower for each employee;  and

(b)     The above loan shall be granted subject on a progressive repayment basis at 2.00% (per centum) per annum on a monthly reducing balance and to such other terms and conditions as the Bank may impose.

(2)        Housing Allowance

Staff who are not utilising their housing loan facility shall be provided with a housing allowance of RM100.00 until such time that they have utilized the housing loan facility.

(3)        Vehicle Loan

            Employees are eligible to vehicle loans in accordance with existing terms in each Bank.

            Every employee are entitled to vehicle loans as follows:-

(a)    Amount – At 36 months salary plus Sarawak Allowance or 90% of the car price whichever is lower.

(b)    The above loan shall be granted on 3.00% (per centum) per annum on a monthly reducing balance and to such other terms and conditions as the Bank may impose.

(5)        Computer Loan

            Employees are entitled to an Interest free computer loan of RM5,000.00 with 5 (five) years repayment period. 

ARTICLE 23 - UNIFORMS

           No change 

ARTICLE 24 - MEDICAL BENEFITS

(1)        Outpatient Treatment 

(d)        The Bank shall pay for the costs of dental extraction and filling from any registered dental practitioner subject to a maximum of RM210.00 RM400.00 per annum, non-cumulative. 

(4)(a)     Family Medical Benefits (Clerical)

            Medical benefits for the employee’s legal spouse and children under the age of 18 years including disabled children above the age of 18 years who are not gainfully employed subject to a maximum of RM1,100.00 RM2,000.00 per employee’s family per calendar year as follows  

article 25 - MATERNITY BENEFITS 

(8)        Delivery Charges

Banks will reimburse a female employee an amount not exceeding RM500 per confinement in respect of two (2) five (5) confinements.   Where Banks are currently paying delivery charges, such practice will continue.
 

ARTICLE 26 - REST DAY

(1)        Every employee shall be allowed in each week a Rest Day.   Such a Rest Day (other than for those performing shift work) unless altered by prior notice, shall be a Sunday.

(2)        Payment For Normal Hours of Work on Rest Day

The Bank may require an employee to work on a Rest Day.   An employee who is required to work on a Rest Day shall be paid the following, during Normal Hours of Work: 

(a)        Employees within the scope of Employment Act 1955 who are required to work during Normal Hours of Work on a Rest Day shall be paid as follows: - 

(b)        Payment For Work Outside Normal Hours of Work on Rest Day 

(b)        Employees outside the scope of the Employment Act 1955 who are required to work on a Rest Day shall be paid a meal allowance as follows:

(i)         Up to four (4) hours worked                                                      -  RM45.00

(ii)         Beyond four (4) hours and up to seven (7) hours worked             -  RM75.00

(iii)        Beyond seven (7) hours worked                                                -  RM90.00.

            PROVIDED THAT no employee shall be required to commence work later than 10.00 a.m.  Work on Rest Day means work performed at the prior request of the Bank.

(4)     PROVIDED THAT where an employee who is within the definition of worker as per the Sarawak Labour Ordinance, the rate applicable under the said Ordinance if superior will apply.
 

Article 26A -       Additional Rest Days on the First Saturday & Third Saturday OF THE EACH Month 

(1)        Every employee shall be allowed an additional rest day on all the first Saturday and on the third Saturday of the each month. 

(2)           In the event the first Saturday or the third Saturday of the month falls on a public holiday, the following Saturday shall be observed as the additional rest day in the month. 

(3)        Payment for Work Done on the Additional Rest Days in the Month 

(a)        Employees within the scope of the Employment Act, 1955 who are required to work on the Additional Rest Days in the Month           

(b)        Employees outside the scope of the Employment Act, 1955 who are required to work on the Additional Rest Days in the Month shall be paid as follows:- 

(i)         Less than two (2) hours                          -           RM10.00 

(ii)         Two (2) hours or more                                         RM20.00 

(iii)        Three (3) hours or more                          -           RM30.00 

(iv)        Four (4) hours or more                                        RM40.00. 

Work which exceeds ½ hour or part thereof shall be calculated as one full hour except for the first hour of work. 

Employees who are required to work on Rest Days & Additional Rest days shall be paid an additional allowance of RM50.00 per day. 

Public holiday rate will apply if staff are asked to work on Saturday/Sundays which are on public holidays. 

ARTICLE 27 - HOURS OF WORK 

(1)        Normal Hours of Work 

            (a)        The Week with the Additional Rest Days in the Month

The Normal Hours of Work for an employee shall be thirty-seven (37) thirty-nine (39) hours a week.  In each these particular weeks, there shall be five (5) full working days, i.e., the first four (4) days of which shall consist of seven hours and thirty minutes (7hours 30 minutes) eight hours (8 hours) of work (excluding a break of one (1) hour for meal), one (1) day shall consist of seven (7) hours of work (excluding a break of one (1) hour for meal).

(b)        The Other Weeks in the Month

The Normal Hours of Work for an employee shall be forty one (41) hours in the other weeks of the month.  In each week, there shall be five (5) full working days, i.e., the first four (4) days of which shall consist of seven hours and thirty minutes (7 hours 30 minutes) of work (excluding a break of one (1) hour for meal),  one (1) day shall consist of seven (7) hours of work (excluding a break of one (1) hour for meal),  and one-half (½ ) working day consisting of four (4) hours of work, without any break.

(2)        The commencing and ending points of Normal Hours of Work of an employee or employees shall be as determined by the Bank from time to time according to operational needs, provided no employee shall be required to commence work later than 10.00 am.

(3)        It is recognised that as and when necessary, according to operational needs of the Bank, an employee may be required to work in excess of the Normal Hours of Work prescribed in Clause (1) above.  Such excess work is defined as “Work Outside Normal Hours of Work”.  For the purpose of this Clause, “Work Outside Normal Hours of Work” means work performed at the prior request of the Bank, in excess of seven hours thirty minutes (7 hours 30 minutes) eight hours (8 hours), or seven (7) hours as the case may be on the five (5) full working days, or in excess of four (4) hours on a half (½) working day and shall be a continuous period commencing either before or after the Normal Hours of Work.

(4)        The Normal Hours of Work, unless otherwise determined by the Bank and notified to an employee, shall  be: -

(a)        Weekdays - Monday to Thursday

            From 9.00 a.m 8.30 a.m. to 5.30 p.m. with a lunch break of one (1) hour to be staggered between 11.30 a.m. to 2.30 p.m.

(b)        Weekday - Friday

From 9.00 a.m. 8.30 a.m. to 5.00 p.m. 4.30 p.m. with a lunch break of one (1) hour to be staggered between 11.30 a.m. to 2.30 p.m.

(c)        Saturday

From 9.00 a.m. to 1.00 p.m. with no lunch break.

            No employees shall be required to commence work later than 11.00am for all days

(6)        Shift Allowance

            Employees who are required to perform Shift Work shall be paid a Shift Allowance as follows:-

                                                    Clerical                   NON-CLERICAL

(i)  2-Shift Cycle             -  RM250 per month         RM200 per month

(ii) 3-Shift Cycle           -  RM300 per month         RM250 per month. 

(

(8)        Payment For Work Outside Normal Hours of Work on Weekdays and Saturdays

            The Bank may require an employee to work Outside the Normal Hours of Work on Weekdays and Saturdays.  An employee who is required to work Outside the Normal Hours of Work on a Weekday or Saturday shall be paid as follows:-

(i)         For employees within the scope of Employment Act 1955 :-

One and a half (1½) times his hourly rate of pay, calculated on the basis of the first hour or part thereof and thereafter on half-hourly (½) basis.

(ii)        For employees outside the scope of the Employment Act 1955, a meal allowance as follows:

(i)         Less than two (2) hours                          -           RM10.00

(ii)         Two (2) hours or more                                        RM20.00 

(iii)        Three (3) hours or more                          -           RM30.00 

(iv)        Four (4) hours or more                                        RM40.00. 

Work which exceeds ½ hour or part thereof shall be calculated as one full hour except for the first hour of work. 

(9)        Meal Allowance

            Employees within the scope of the Employment Act, 1955 who are required to work overtime for more than two (2) hours after their Normal Hours of Work shall be paid a Meal Allowance of RM10.00 per employee per occasion.  This clause is applicable in respect of Articles 26, 26A, 27 and 28 as the case may be.    

(i)         Employees who are required to work overtime for more than two (2) hours after their Normal Hours of Work shall be paid a Meal Allowance of RM20.00 per employee per occasion. 

(ii)        Employees who are required to work for more than six (6) hours on the additional rest day in the month shall be paid a Meal Allowance of RM20.00 per employee per occasion. 

(10)         5 5¹/₂ - Day Week 

            The Bank may with the consent of the Union at its sole discretion introduce 5 5¹/₂ -Day Week for certain employees.  However the average hours of work per week over any period of three weeks shall not be less than 39 hours per week.
 

ARTICLE 28 - public HOLIDAYS

(2)        Payment For Normal Hours of Work on Public Holidays

            The Bank may require an employee to work the Normal Hours of Work on a Public Holiday. An employee who is required to work the Normal Hours of Work on a Public Holiday shall be paid as follows: -

(a)        Employees within the scope of the Employment Act, 1955

(i)         Two (2) times the Ordinary Rate of Pay, regardless the period of work done on that day is less than the Normal Hours of Work.

(3)        Payment For Work Outside Normal Hours of Work on Public Holidays

The Bank may require an employee to work Outside the Normal Hours of Work on a Public Holiday.   An employee who is required to work Outside Normal Hours of Work on a Public Holiday shall be paid three (3) times the Hourly Rate of Pay, calculated on the basis of an hour or part thereof.

(b)        Employees outside the scope of the Employment Act 1955, who are required to work on a public holiday shall be paid a meal allowance as follows:

(i)         Up to four (4) hours worked                                               -     RM45.00

(ii)        Beyond four (4) hours and up to seven (7) hours worked   -     RM75.00

(iii)       Beyond seven (7) hours worked                                         -     RM90.00.

ARTICLE 29 - ANNUAL LEAVE

 No Change 
 

ARTICLE 30 - SICK LEAVE

NO CHANGE

ARTICLE 31 - special leave

 NO CHANGE
 

ARTICLE 33 - INTERPRETATION

NO CHANGE
 

ARTICLE 34 - RETIREMENT BENEFITS

 (1)       Age of Retirement

(a)        The date of retirement of an employee shall be the date on which he fulfils any one of the following conditions :-

(i)         upon attaining the age of 55 60 years;

(ii)         termination of service due to medical disability.

(b)        An employee may opt to retire at any time after attaining the age of fifty (55)  years.

(2)        Retirement Benefits

(a)        The Bank shall contribute each month 16% 18% of the wages for that month to the Employees Provident Fund. Such contribution shall be deemed to be inclusive of any employer's contribution to the Employees Provident Fund as may be prescribed by law from time to time. 

ARTICLE 35 - EMPLOYMENT INJURY    

(2)        Insurance

            The Bank shall insure every employee on a 24-hour basis to the amount of RM200,000 in the event of death or total permanent disablement arising from whatever causes that are covered by a Personal Accident policy and, in the event of permanent partial disablement arising from the same circumstances.

The Bank shall also insure every employee on a 24-hour basis to the amount of RM100,000.00 covering critical illness.
 

article 36 - EXISTING BENEFITS

No change 

ARTICLE 37 - NEW SYSTEMS/TECHNOLOGY 

(2)        In the event that after the eye examination, an employee is recommended to wear spectacles or contact lenses for the first time, the Bank shall pay the cost of such spectacles or contact lenses subject to the maximum of RM158.00 RM350.00.  If any employee is already bespectacled or using contact lenses and is recommended to change his lenses, the Bank shall pay the cost of such lenses subject to the maximum of RM105.00 RM250.00 per annum non-cumulative.
 

article 39 - EXCLUSION 

NO CHANGE 

ARTICLE 39 - SUSPENSION OF CONTRACT OF SERVICE 

        NO CHANGE

ARTICLE 40 - IMPLEMENTATION 

(1)        Arrears of Salary 

(a)           All arrears of basic salary, bonus, and all other arrears of salary (wages as defined in the Employment Act, 1955) under this Agreement shall be effective from 1st January 2003 2006. 

(b)           The Meal Allowance referred to in Articles 26, 26A, 27 and 28 in respect of employees outside the scope of the Employment Act 1955 will be implemented effective from 1^st August 2004. 

(c)           Where an employee is within the definition of worker as per the Sarawak Labour Ordinance, the rates applicable under the said Ordinance will apply in respect of Articles 26, 26A, 27 and 28 if the said rates are more favourable than those set out in the relevant Articles. 

(d)           All other payments, reimbursements and changes will be effective from the date of signing of this Collective Agreement. 

ARTICLE 41 – TRAINING 

(1)        Training and Lifelong learning     

a)                  The bank shall reimburse all expenses incurred by the employees who have taken up further educational & training.
 

b)                  Such education and training shall include, but not limited to vocational, technical, academic, professional, sales & marketing at secoindary, tertiary and orpost graduate level. 

c)                   The employee shall obtain the approval of the bank before commencing such training and education.  The bank shall not restricted approval to only courses relevant to the banking industry.

d)                  The Bank shall allocate a minimum of 3% of total staff cost for training continued education, including scholarship grant.

 Appendix I(B)

Salary Structure (Salary Range) - Article 19 

 APPENDIX II

SALARY STRUCTURE - CONVERSION

[ARTICLE 19(3)]

 1.0        Salary Adjustment 

Employees will be granted a 9% 49% salary adjustment based on their salary as at 31^st December 2002 2005.

 2.0       Employees who on adjustment exceed the maximum of the salary structure will be placed on the maximum of the salary structure.  In addition, such employees will be paid one lump sum equivalent to 14 times the difference between the adjusted total and the salary maximum.

 3.0       Employees who subsequent to the initial adjustment exceed the maximum when the annual increment due on 1.1.2003 1.1.2006 is added will be placed on the maximum of the salary structure.  In addition, such employees will be paid one lump sum equivalent to 14 times the difference between the total after the adjustment after the annual increment has been counted and the maximum.

4.0        Where, due to being granted annual increments which are higher than the minimum, the difference between the maximum of the salary structure and the salary of the employee is less than the minimum annual increment, the employee will be placed on the maximum of the salary structure when his increment is due.  In addition, he will be paid 14 times the difference in one lump sum.

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