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 1st January 2006 and
shall continue to remain in force until 31st 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and thereafter, until superseded by a new Agreement.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:
Grade/Family
members |
Transfer
within Sarawak |
Employees |
RM45.00 per
day |
Spouse |
RM45.00 per
day |
Children
below the age of 18 years old |
RM25.00 per
day |
(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:
Town |
Married
(RM) |
Single
(RM) |
Miri |
550.00 |
400.00 |
Bintulu |
550.00 |
400.00 |
Kuching |
500.00 |
350.00 |
Sarikei |
220.00 |
150.00 |
Bandar Sri
Aman |
220.00 |
150.00 |
Sibu |
300.00 |
200.00 |
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 1st 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 15th 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. 31st 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 30th 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 1st 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
CATEGORY |
SALARY RANGE |
MINIMUM |
MAXIMUM |
NON-CLERICAL |
RM662
RM1000
|
RM1,491
RM2000
|
CLERICAL |
RM995
RM1500
|
RM2,499
RM3300
|
SPECIAL GRADE CLERICAL |
RM1,254
RM2000
|
RM2,930
RM4000
|
Sales and Marketing Non-Executive |
RM2,500 |
RM5000 |
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 31st 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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