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MEMORANDUM OF AGREEMENT BETWEEN THE UNION OF KENYA

HOTELKEEPERS AND CATERERS ASSOCIATION AND THE KENYA UNION OF
DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS AND ALLIED
WORKERS (KUDHEIHA WORKERS)

THIS AGREEMENT is made between the Kenya Union of Domestic, Hotels, Educational
Institutions, Hospitals and Allied Workers, on behalf of unionisable employees hereinafter
referred to as the Union and the Union of the Kenya Hotelkeepers and Caterers
Association on behalf of its members hereinafter referred to as the Association which
expression shall also have reference to all member establishments.

In matters of Recognition and Negotiation procedure

The Parties to this Agreement, meeting together in free and voluntary will have
determined:-

a) To regulate the relations between them in the interest of mutual understanding and
co-operation.

b) To ensure the speedy and impartial settlement of real or alleged disputes or

grievances.

c) To secure a more detailed appreciation by members of both sides of the industry of

the reasons underlying decisions taken by the joint negotiating committee.

d) To enter into agreement of regulating terms and conditions of employment,

Kudheiha will not negotiate with any other hotel, lodge, restaurant, casino, or any
other group, individual or catering establishments, that is more favourable to the
employer, than this Agreement. Should this be found to happen, or be brought to
the attention of the Secretary General, he/she will declare the said agreement null
and void from the date of the said agreement.

1. The Association on satisfaction of the conditions set out in this Agreement, accords
full recognition to the Union provided it is and for so long as it remains reasonably
and collectively representative of the workers employed by members of the
Association. The Union shall be the sole body representing such employees.

2. (a) The Association undertakes to use its endeavors to ensure that all
management staff are fully aware of the recognition accorded to the Union and
that such members of management staff avail such facilities to the officials and
representatives of the Union as are jointly agreed as being necessary for the latter
to carry out their duties as representatives of the Unions members at their various
places of work.

It is understood by both parties to this Agreement that such representatives are

employees of Association members and as such their first and prime responsibility
is to carry out their duties as employees. The Association will use its every
endeavor to encourage workers to become Union members and vice versa the
Union will encourage those employers in the industry who are not members of the
Association to join the same.

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(b) Member establishments of the Association will notify the Union (with a copy to
the Association) at the beginning of each calendar year of staff positions which are
considered to be management and of the position of the individual with whom the
Union should discuss all matters pertaining to and covered by this Agreement in
respect of any particular establishment.

3. The Union on its part undertakes that its members representatives will carry out
the duties delegated by their employer during their prescribed working hours and
that such representatives will not leave their places of work for any purpose in
connection with their duties as representatives without the permission of such
members of management as the employer shall nominate. Such permission shall
not be unreasonably withheld.

4. The Association and the Union subscribe to joint consultation with each other
through the establishment of a Joint Consultative Committee and both parties
agree to co-operate to bring about the formation and the maintenance of effective
labour relations in each member establishment of the Association. It is agreed that
the Joint Consultative Committee will be made up of elected employees through a
Works Committee and at least two members of management in conformity with the
principles set out in Appendix A hereof. Association members will allow the holding
of elections of a Works Committee in accordance with the Unions Constitution for
the establishment of a Works Committee as notified by the Union to the
Associations member.

It is further provided that an area of Group Consultative Committee shall be in

conformity with the principles set out in Appendix B of this Agreement.

5. The Union undertakes to present without delay on an annual basis the names,
titles and addresses of all duly registered or accredited Union Officers to the Chief
Executive of the Association and will identify such officers who will deal with
industrial matters with members of the Association area by area throughout the
Republic.

6. (a) In all cases, representatives of the Union and representatives of the

Association shall be free to express their views without fear that individual relations
between employer/employee and employee/employer will be affected in any way
by expressions made in good faith while acting in a representative capacity.

(b) No local representatives of employees shall be victimized or suffer a reduction

in pay for any loss of time in attending to matters which concern employee/s in
dealing with grievances, or staff welfare provided that prior permission of
management is in all cases secured before attending to such matters. Such
permission shall not be unreasonable withheld.

7. (a) The Association reserves the right to engage, transfer, promote and demote.
Termination of service of any unionisable employee shall be in accordance with the
negotiated terms of employment without derogation of the employers right to
dismiss summarily for lawful cause with notification of such dismissal to the Union.
The Union will present without delay the names of all elected members of the
Works Committee to the Management. The Association undertakes not to

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victimize any employee on account of his Union membership. Equally the Union
agrees that no employee shall be compelled to become a member of the Union
and undertakes not to victimize any employee on account of non-membership of
the Union.

(b) Where any employer is considering the transfer of an employee from one
establishment to another, the employer will take into account all personal matters
pertaining to the employee such as his family, his home etc.

(c) When a vacancy or vacancies of a promotional nature occur, management will

first examine the existing staff and where practicable advertise on the staff notice
board with a view to giving priority over new appointments when the capabilities
and efficiency of such staff justify.

8. The Association and the Union recognize their mutual interest in securing the
highest standard of productivity and working conditions, compatible with sound
economic principles in the industry and agree to co-operate to this end.

9. The Association undertakes not to interfere with the normal affairs of the Union in
any manner whatsoever. The Union on its part will not attempt to interfere with the
normal function of management which gives the employer the sole right to conduct
his business, manage his operations in such a manner as he shall think fit but the
Association agrees to consult with the Union on all matters affecting the terms and
conditions of service as set out in the memorandum of Agreement.

10. The Union undertakes that any improvement in the minimum terms and conditions
of employment for employees employed by Association members shall come
about only through joint negotiations in accordance with this Agreement. Provided
that any statutory enactment which alters such minimum terms and conditions of
employment shall automatically apply but the Association and the Union will meet
and agree upon a Supplementary Agreement to take into account such statutory
enactments. To this end the Union undertakes that during the life of any current
negotiated Agreement on terms and conditions of service no steps will be taken
outside of this Agreement to secure or attempt to secure any changes, increases
or enhancement of wages of fringe benefits for any class or category of persons
employed by members of the Association, involving or likely to involve alteration or
abrogation of all or any of the terms of the Agreement extant.

11. Any correspondence entered into by the Union with the Association will be
undertaken by the General Secretary of the Union of his depute of branch
secretary or a notified substitute and such correspondence will be addressed to
the Chief Executive of the Association. Any correspondence from the Association
to the Union will be addressed to the General Secretary of the Union.

12. For the purpose of settling issues arising out of any breach of the Agreement real
or alleged or of any other matter concerning employees in relation to the terms of
their employment, the following procedures shall be used:-

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(a) Local Grievances

This shall mean any grievances arising from an alleged breach of the existing
terms and conditions of service affecting any employee or group of employees or
all employees of an individual member of the Association.

(i) Such grievances shall in the first instance be raised by the employee/s
concerned with his immediate supervisor or head of department.

(ii) Should the matter not be resolved then a report shall be made by the
employee to the shop steward and Works Committee who shall refer the
issue to the person appointed by management to deal with personnel
matters.

(iii) When the issue is not resolved between the shop steward (works
Committee) and the appointed representative of management with
mandate and authority to discuss the issue, then the dispute will be
reported by the shop steward or in his absence a designated Works
Committee member to the branch office of the Union whose officials may
meet with management to try and resolve the dispute.

(iv) In the event that the issue is not resolved between management of the
establishment concerned and the branch office of the Union, then the issue
shall be referred to the Coast Disputes Committee where the establishment
is situated within the Coast Province or if the establishment is outside the
Coast Province, the dispute shall be referred to the Joint Industrial Council.

NB Should any of the above steps (i) and (ii) not be completed within 7 days then the
dispute shall automatically advance to the next step in the procedure. Should step (iii) not
be completed within 14 days after it was reported, then the dispute may straight away be
referred to the Coast Disputes Committee or the Joint Industrial Council as applicable for
solution.

(b) Collective Claims or Grievances

This shall mean any claim for an alteration in existing terms and conditions of
service and any grievances arising from a breach real or alleged of existing terms
of service which affects all employees or any related group of companies
throughout the Republic of members of the Association. Such claims or
grievances shall be placed before the Joint Industrial Council/Coast Disputes
Committee as applicable for solution.

Provided that this shall not preclude the Joint Industrial Council or Coast Disputes
Committee from considering maters referred to them jointly by the Union and the
Association.

13. COMPOSITION AND PROCEDURE OF THE JOINT INDUSTRIAL COUNCIL

AND THE COAST DISPUTES COMMITTEE

(a) The Association and the Union shall agree upon and appoint on an annual
basis during the subsistence of this agreement a Chairman and a

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Secretary for both the Joint Industrial Council and the Coast Disputes
Committee. The parties will also nominate at least 5 and a maximum of 15
representatives from either side on an annual basis and will inform the
respective Secretaries accordingly.

(b) All claims and grievances will initially be reported to the Secretary for the
time being of the Joint Industrial Council or if the claim or grievance affects
a member of the Association whose premises are situated within the Coast
Province of the Republic to the Secretary of the Coast Disputes
Committee.

(c) The secretary of the Joint Industrial Council or the Coast Disputes
Committee upon receipt of notification of any such claim or grievance and
after consultation with officials of the Association and the Union (if
necessary) will nominate within 7 days of receipt of notification of the claim
or grievance from the representatives as detailed in 13(a) above, on
representative from the Association and one representative from the Union
to investigate the claim or grievance and will place such matters on the
Agenda for the next Joint Industrial Council or Coast Disputes Committee
PROVIDED THAT the nominated representative of the Association shall not
be the representative or the nominee of the member of the Association that
is involved with the claim or grievance and the nominated representative of
the Union shall not be the Union official who investigated the matter on
behalf of the Union or a member of the Works Committee of the
establishment involved.

(d) The nominated representatives of the Association and the Union shall
investigate jointly the claim or grievance so reported traveling to the
establishment concerned if necessary and shall table at the next meeting of
the Joint Industrial Council or Coast Disputes Committee as applicable
their written report and make such recommendations as they jointly see fit
for adoption or amendment of the claim or grievance. In the event that
there is disagreement between the Associations representative and the
Unions representative then the Joint Industrial Council or Coast Disputes
Committee will review the respective reports and recommendations and will
draw their own conclusions and decisions as necessary in the
circumstances.

(e) The Joint Industrial Council and the Coast Disputes Committee should
meet at least once every calendar month during the term of this Agreement
at a time and place agreed upon by the respective Secretaries in
consultation with the General Secretary of the Union as regards the Joint
Industrial Council meetings and with the Branch Secretaries Coast
Province as regards meetings of the Coast Disputes Committee. The Joint
Industrial Council or the Coast Disputes Committee will review reports and
recommendations made to them as applicable and the Secretaries will
record decisions and distribute minutes and appropriate papers as
necessary.

(f) Where there is insufficient time for the representatives for the Association
and the Union to investigate claims or grievances as per sub-clause (d)

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herein before the next meeting of the Joint Industrial Council or Coast
Disputes Committee then the matters will in any event be raised at the
Joint Industrial Council or Coast Disputes Committee which will make such
directions as are necessary as to the further investigation and decision on
the matter pending, taking into account the time scale as to reporting trade
disputes as laid down and stipulated under the provisions of the Labour
Relations Act.

(g) Both the Joint Industrial Council and the Coast Disputes Committee will
regulate their own procedure. A quorum or both the Joint Industrial Council
and the Coast Disputes Committee shall not be less than three (3)
members on either side. The Secretary of the Coast Disputes Committee
will send one copy each of the minutes of every Coast Disputes Committee
meeting to the Head Office of the Union and the Chief Executive of the
Association.

(h) In the event of a deadlock at the Joint Industrial Council or the Coast
Disputes Committee either party may report the matter to the Ministry of
Labour in accordance with the Labour Relations Act (2007). No strike shall
take place in the industry nor shall the Association members lock out
employees in an attempt to resolve any dispute.

(i) Nothing in this Agreement shall deprive any employee of his right to
approach the management on any personal matter.

14. APPLICATION OF CHECK-OFF SYSTEM

The Association and the Union will abide by the relevant provisions of the Labour
Relations Act (2007) or any amendment thereof in applying the check-off system.

The member establishment of the Association will first of all receive an order in
writing made by the Minister for Labour requiring the member to deduct a specified
sum in respect of Union dues from employees wages who are members of the
Union. The member establishment will comply with such an order and carry our all
matters specified therein.

As soon as the Ministers order has been made the Secretary General of the Union
shall serve on the member establishments of the Association a notice requiring the
member establishments to comply with the Ministers order in respect of those
employees who are named in such notice and who have acknowledged by their
signature therein that they are members of the Union.

Thereafter, the member establishment of the Association and the Union shall
comply with the Ministers order as follows:-

(a) Will deduct the sums detailed from the wages of all employees who have
acknowledged in the notice that they are members of the Union.

(b) Will pay the total of such deductions as are detailed in the order to the Union (or to
COTU) if so directed by crossed cheque into an account in the name of the Union
and/or COTU in a specified bank and notify the Union and COTU of such
payments made.

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(c) Where an employee notifies the member establishment of the Association in

writing that he/she has resigned from the membership of the Union the member
establishment shall send a copy of such notification of resignation to the Union,
thereafter no deduction shall be made in respect of the wages earned by that
employee in any month following the calendar month in which such notice of
resignation is given.

(d) The first deductions from an employees wages will be made in respect of the
wages earned in the month following the calendar month in which the Secretary
Generals notice was served.

(e) No deduction shall be made from any one months wages earned if before the 20 th
day of the month the Ministers order is revised or suspended and such revocation
or suspension has been published in the Kenya Gazette or the establishment
concerned has received direct written communication from the Minister or the
Ministers order is similarly varied prior to the 20th day of the month concerned.

(f) No deduction shall be made where any employee who is a member of the Union
takes part in any illegal strike against the employer unless the Minister directs
otherwise by notice in writing.

(g) Where a Union member has ceased to be employed by the member establishment
of the Association, the employer shall notify the Union in writing before the 10 th day
in each month of the name of that employee. Further, should an employee notify
the member establishment of the Association that he/she has resigned as a
member of the Union the employer shall notify the Union in writing before the 10 th
day in each month.

(h) Where an employee ceases to be a member of the Union, the Union shall before
the 10th day in each month inform in writing the member establishment of the
Association accordingly.
(i) Within 14 days of receipt of notice of payment made by a member establishment
of the Association the Union will acknowledge such payment by notice in writing.

15. (a) The Union will not cause, and will undertake to discourage any stoppage or
hindrance of work in sympathy with workers in spheres of the Unions activities
which are outside the hotel industry represented by the Association.
In the event of a dispute within the Associations membership, the union or the
Association shall impress upon their members the need to observe the law until
such time as the following steps have been exhausted:-

(i) The full agreed grievance machinery within the affected sphere is
exhausted
(ii)The dispute has been reported to the Minister for Labour and a Conciliator,
Investigator or arbitrator has been appointed by the Minister or voluntarily between
the Union and the Association or the party concerned and/or the appropriate steps
have been taken by the Minister under the Labour Relations Act (2007).

(b) After steps (i) and (ii) are exhausted, 7 days notice shall be given to the hotel
industry of the Unions intention to call their members out on strike or the

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Associations intention to effect a lock out. The party so served with notice has the
right to apply to the Industrial (National Labour) Court for orders of prohibition.

16. In the event of the Union or the Association wishing to vary or rescind any clauses
in this Recognition Agreement or make any addition thereto, then one party shall
give the other 90 days written notice stating the alteration desired and no alteration
shall be valid unless adopted by both parties. Further, this Recognition Agreement
may be terminated by either party giving 90 days written notice herein shall be
given by the Chairman of the Association to the General Secretary of the Union
and vice versa.

17. This Recognition Agreement came into effect on the 1 st day of January 2006
and shall remain valid until and unless one party to the agreement signifies
its wish to review or amend any specific clause without the necessity to
review the same periodically along with the Collective Bargaining
Agreement.

SIGNED for and on behalf of the Union of the Kenya Hotelkeepers and Caterers
Association by the persons duly authorized to do so.

Mr.J.S.Vohra --------------------------------------------------------
(National Chairperson)
Date:

Mr Solomon Mugwe -------------------------------------------------------------

(National Treasurer)

Date
Witnessed by:
Mr. Michael Macharia--------------------------------------------
(Chief Executive Officer)

SIGNED for and on behalf of the Kenya Union of Domestic, Hotels, Educational
Institutions, Hospitals and Allied Workers (KUDHEIHA WORKERS) by the persons
duly authorized to do so.

Cllr. Joseph Ole Keyua---------------------------------------

(National Chairman)
Date:

Mr. Albert Njeru -------------------------------------------------

(Secretary General)
Date:

Witnessed by:
Mr. Zachaeus Osore ------------------------------------------
(KUDHEIHA)
Date:

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APPENDIX A
JOINT CONSULTATIVE COMMITTEE

1. GUARANTEE

All representatives of the Joint Consultative Committee will be perfectly free to

discharge the duties of their office with the absolute assurance that their personal
standing and prospects, both present and future, will in no way suffer or be
prejudiced by any action they take in good faith while acting in the capacity of a
representative and that any statement made at meetings be regarded as privileged
and must not be allowed to affect the interests of the maker of the statement
outside the Committee.
Provided the Member so protected (whether from the management or the workers)
shall not commit an act of gross misconduct of using rude, inappropriate or
insubordinate language under the privileges conferred by this section.

2. OBJECTIVES

The objectives of the Joint Consultative Committee shall be to:

(a) Provide a recognized means of consultation between the management and Union
members on all matters of common interest not covered by any central negotiating
body;

(b) Give employees a wider interest in and greater responsibility for the conditions
under which their work is performed.

(c) Prevent misunderstanding as far as possible.

3. FUNCTION

Matters to be dealt with by the Joint Consultative Committee shall include

questions arising out of and associated with the following:

(a) Distribution of working hours, including meal breaks and shift arrangements, etc.

(b) The discussion and examination of disputes and problems tending to create
discontent and dissatisfaction between Union members and the management.
Discipline and general conduct of such matters between management and Union
matters.

(c) Implementation of training.

(d) Investigation of circumstances tending to reduce the efficiency of or in any way to

interfere with the satisfactory working of the concern.

(e) All matters affecting the overall welfare of the Union members.

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4. CONSTITUTION

(a) The employees side of the Joint Consultative Committee shall consist of a
minimum of four workers representatives as elected by Union members of the
establishment one of whom shall be the shop steward.
(b) The Union members representatives must be as widely representative of all
employees as possible.

(c) There shall be the right to call for the attendance of additional employee
representatives who may have some direct interest or special knowledge of the
matter under discussion so that further evidence may be taken in assisting towards
mutual and amicable settlement.

(d) Officials of the Union may by mutual consent attend meetings of the Joint
Consultative Committee and actively participate in the proceedings.

5. PROCEDURE

(a) The Joint Consultative Committee shall hold meetings at not less than 2 monthly
intervals during normal working hours and at a time convenient to both
management and employees; except in emergencies when a special meeting can
be called immediately by management or the employees at the convenience of
both.

(b) No other business than that detailed on the Agenda shall be transacted at any
meeting unless both sides agree to its introduction.

(c) Any matter affecting employees on an individual basis shall be dealt with in
accordance with the procedure outline in Clause 12 of this agreement.

(d) Any matter affecting several employees (collective grievance) shall be dealt with in
accordance with the procedure outlined in Clause 12(b) of this Agreement.

(e) In the course of his duties, the shop steward will be allowed to enter any
department and represent any group or section subject to permission being
obtained from the head of that department and permission must also be obtained
from his own department head. Time allowance should be given to him.

(f) Provision shall be made for meetings of the employees representatives of the Joint
Consultative Committee during working hours or during meal breaks if they so
desire ;
Provided that when the meeting is to be held during working hours then the
management shall be informed and approval obtained thereto.

(g) The employees representatives shall not lose pay through time occupied at
meetings of the Joint Consultative Committee authorized under (f) above.

(h) The minutes of the proceedings of the Joint Consultative Committee shall be kept
and one copy sent to the shop steward with one copy to each member of the
Committee.

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In conformity with Employment Act (2007) (Sect 14 c) such Minutes shall be

displayed on notice boards within one month of publication.

(i) Decisions shall be arrived at only by mutual agreement between both sides and
such decisions will be authoritative and representative.

(j) The presence of four workers representatives of the Committee shall be necessary
to form a quorum.

(k) If Union members are not satisfied with the function of the Joint Consultative
Committee, the branch office of the Union shall be notified and shall proceed in
accordance with clause 12.

NOTA BENE

The term shop steward here means an employee being a Union member in the
establishment who has been elected to that office by those employees of the
establishment who are members of the Union.

APPENDIX B
GROUP CONSULTATIVE COMMITTEE

1. GUARANTEE
All representatives from establishment Joint Consultative Committees will be
perfectly free to discharge the duties of their office with the absolute assurance
that their personal standing and prospects both present and future will in no way
suffer or be prejudiced by any action they may take in good faith while acting in the
capacity of a representative and that any statement made at a Group Consultative
Committee meeting be regarded as privileged and must not be allowed to affect
the interests of the maker of the statement outside the Group Consultative
Committee.
Provided the Member so protected (whether from management or the workers)
shall not commit an act of gross misconduct of using rude, inappropriate or
insubordinate language under the privileges conferred by this section.

2. OBJECTIVES
The objectives of the Group Consultative Committee shall be to:-

(a) Provide a recognized means of consultation between the management of a

group of hotels and the employees on all matters of common interest
pertaining to the group as opposed to individual establishments.

(b) Give employees a wider interest in and greater responsibility for the
conditions under which their work is performed in relation to threat which
individual establishments have to the group as a whole.

(c) Clarify group policy on employee matters as a whole to prevent

misunderstanding as much as possible .

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3. FUNCTIONS

Matters to be dealt with by the Group Consultative Committee shall include

questions arising out of and associated with the following:-

(a) Distribution of working hours including meal breaks and shift arrangements
etc., so that group policy is formulated for all establishments in the group.

(b) The discussion and examination of disputes and problems tending to affect
the group as a whole which may create discontent and dissatisfaction
between the employees in the group and individual establishment and
group management, discipline and general conduct of such matters at
group level.

(c) Implementation of training policies and actions affecting the group as a

whole.

(d) Investigation of circumstances tending to reduce the efficiency of the group

and relations between individual establishments for the satisfactory working
of the group.

(e) All matters affecting employees of the group as a whole.

4. CONSTITUTION

(a) The Group consultative Committee shall consist of one employee

representative from the Joint Consultative Committee of each group
establishment and at least three members from group management. The
Chairman, the Vice Chairman and Secretary of the Group Consultative
Committee shall be nominated by the groups management.

(b) The employee representative from the individual establishment will

normally be the shop steward of that establishment but in his absence the
employees representatives of the Joint Consultative Committee of the
establishment shall nominate one individual to stand in and represent the
interests of the employees of that establishment.

(c) Either management or workers shall have the right to call for the
attendance of an additional employee or management representative who
may have some direct interest or special knowledge of the matter under
discussion so that further evidence may be taken in assisting towards a
mutual and amicable settlement of group matters.

(d) Officials of the Union may attend by mutual consent Group Consultative
Committee meetings and actively participate in the proceedings.

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5. PROCEDURE

(a) The Group Consultative Committee shall hold meetings at not less than
four monthly intervals during normal working hours at a time and location
convenient to all parties. In emergencies a special meeting may be called
by either party but at the convenience of both parties.

(b) No other business than that appearing on the Agenda shall be transacted
at any meeting unless both sides shall agree to its introduction.

(c ) No matter affecting an individual employee (individual grievance) shall be

discussed. Only matters affecting a number of employees (Collective
grievances) in the group as a whole shall feature. In such cases matters
shall be taken up in accordance with the procedure outlined in Clause 12 of
this Agreement but with the group management.

(d) Provision shall be made for meetings of the employees representatives of the
Group Consultative Committee provided the management are informed in
advance. Permission shall not unreasonably be refused.

(e) Employees representatives shall not lose pay through time occupied at meetings
of the Group Consultative Committee authorized during working hours. Similarly if
employees representatives are required to travel to attend Group Consultative
Committee meetings then the group shall meet the cost of accommodation, board
and transportation and employees representatives shall not lose pay through time
occupied in traveling.

(f) Minutes of the proceedings of the Group Consultative Committee shall be kept and
one copy sent to the Shop Steward of each group establishment. Copies shall also
be displayed on all groups employee notice boards (Sect.14 (c)) Employment Act
(2007).

(g) Decisions shall be arrived at only by mutual agreement between both sides and
such decisions will be authoritative and representative.

(h) The absence of an employees representative from any establishment will not
interfere with the proceedings of the Group Consultative Committee meeting and
the decisions reached. The quorum for a Group Consultative Committee meeting
shall be two members representing group management and two representatives
representing group employees.

NOTA BENE
There term shop steward herein shall have the same meaning as that detailed in
Appendix A hereof.

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MEMORANDUM OF COLLECTIVE BARGAINING AGREEMENT BETWEEN THE

UNION OF THE KENYA HOTELKEEPERS AND CATERERS ASSOCIATION AND THE
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS
AND ALLIED WORKERS (KUDHEIHA WORKERS)

In matters of terms and conditions of employment

PREAMBLE

This Collective Bargaining Agreement is made between the Kenya Union of Domestic
Hotels, Educational Institutions, Hospitals and Allied Workers, on behalf of its unionisable
employees hereinafter referred to as the Union and the Union of the Kenya Hotelkeepers
and Caterers Association on behalf of its members hereinafter referred to as the
Association and;

WHEREAS it is understood by both parties to this Agreement that the Association is

comprised of different stakeholders in the Hotel Industry;

This Agreement is entered into with the understanding that, the Association members who
comprise of Independent Restaurants shall negotiate a supplementary Collective
Agreement with the Union.

This Agreement is entered into between the parties hereto in accordance with the
provisions of sub-clause (d) of the preamble of the Recognition agreement made between
the parties hereto relating to matters of recognition and negotiation procedures ..

No employee already in service shall be subjected to terms and conditions of service after
the signing of this Agreement less favorable than the terms and conditions of his/her
service at that date.

Definitions in matters
1. Employer shall mean a member of the Association.

2. Union shall mean Kudheiha Workers.

3. Association shall mean the Union of Kenya Association of Hotelkeepers &

Caterers.

4. Management shall mean the Association, its members and their designated
officials.

5. Employees Covered by this Agreement shall mean all categories of employees

who are unionisable as per the Industrial Relations Charter.

6. Negotiations shall mean all discussions between the Union and Management,
relating to any or all of the terms and conditions of employment whether negotiable
or consultative.

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1 Engagement Probation and Appointment

All persons engaged by the Association members shall be on probation in the first
instance. The probationary period shall not exceed two months duration but where
an employee has been employed in the industry for at least one year, the
probationary period shall be one month and during the currency of this term the
employment may be terminated by either party giving twenty-eight days notice of
termination in writing or by payment of an equivalent amount of wages in lieu.

On engagement, the employee shall be given two copies of a letter of appointment

of which he shall sign the original in the presence of a third person and return it to
the employer. This letter shall indicate clearly the name, age, sex, the job
description, wages offered, start date, place of and hours of work (see
Employment Act 2007 sect 10). The employer shall notify in writing the Shop
Steward or where there is no shop steward another responsible member of the
Works Committee, or in the absence of a Works Committee, the local Union
representative of the appointment of a new unionisable member of staff. On
successful completion of the probationary period, the person is automatically
confirmed in his/her appointment and shall be placed on permanent terms of
employment.

At all times the employer reserves the right to require an employee to submit
himself/herself to a medical examination, such examination to be at the expense of
the employer.

A new employee shall have an adult (who is not an employee of the employing
organization) for a witness to the letter of appointment. Also, on any medical
examination on the new employee, such examination shall be at the expense of
the employer.
NOTA BENE. All employment for a period exceeding three (3) months shall be in
writing.

2. Employer/Employee communication

(i) Communication to an employee in respect of the terms and conditions of service,

disciplinary matters and house rules may be in written form and signed for by the
employee as an acknowledgement of receipt. Such signature shall not constitute
acceptance of indiscipline barring an appeal, but only as evidence of receipt of the
letter.

(ii) Refusal by an employee to accept a letter communicated to him/her may constitute

an offence.

(iii) The employer reserves the right to issue general communication to staff through
circulars, notices and regulations which should be displayed conspicuously on
Staff Notice Boards and the contents thereof shall be taken to be sufficient
communication to all employees in this regard.

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(iv) When the employee is on leave, is away without official leave or deserted
employment, communication will be posted to the last known address with a copy
to the Shop Steward.

3. Wages

Wages shall be as negotiated between the KUDHEIHA Workers Union and

the Kenya Hotelkeepers and Caterers Union

a. Entry Level

I. The basic minimum wage shall be as provided for in the schedule in this
agreement (see schedule 1 hereto)
II. No employee entering the services of the employer shall be paid a wage
less than the minimum provided in the schedule in sub-clause (i) of this
clause.
III. The minimum wage is hereby adjusted by 7% for area A and 7% for area B
for the period of this agreement. Provided that where the basic minimum
wages maybe lower than the government minimum wages order, the latter
shall apply.

b. General Wages

I. All employees in service of a member employer as at 1 st October 2016 shall

receive a general wage increase of 9% with effect from1 st October 2016
based on his/her wage and 10% with effect from 1 st October 2017.

Note: In light of the downturn in business at the Coast, Amboseli and Samburu,
the affected areas will follow the mechanism of consultation from shop level,
the union local branch and management on the implementation process of the
clause (3bi)

4. Hours of Work

The normal working week shall consist of:-

(i) Employees engaged as gardeners not more than 42 hours spread over any six
days in one week
(ii) All employees other than those referred to in (i) above not more than 48 hours
spread over any six days in one week.
Provided that an employer and the employee may, by mutual consent, agree to the
deferment of the employees rest day in alternate or continuous weeks and their
accumulation, subject to a maximum of 14 such rest days at any time, to be taken
as holidays with full pay. In such cases the employees normal working hours shall
not exceed 56 hours in any week (49 hours for gardeners) in which the rest day is
deferred. In cases where a full shift is worked, that is a continuous 8 hour duty (7
for gardeners) as necessary , arrangements must be made for a reasonable break
in the working time for a meal to be taken. Employee meals time of hour would
not be included in the 8 hours of work.

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(iii)(a) Employers shall provide a reasonable meal to employees working a

full shift, arrangements shall be made during the course of the shift
for a meal to be taken. Provided where an employer supplies
cooked meals served with appropriate crockery and cutlery it shall
not be necessary to provide cooking utensils.
(b) When an employee works a split shift in any one day, the
employer will provide a reasonable meal to be taken at a
convenient time.
(c) Employers shall provide wholesome drinking water at the
place of work.
(d) No employee may consume food in any place other than the
designated eating facilities.

5. Overtime

(a) Overtime shall be paid in cash or compensated in equivalent time off at the
rate of double per hour of time worked in excess of 48 hours in any week of
six working days. The payment or compensation may be effected any time
after the overtime is recorded but may not be delayed beyond the second
month or second payroll after it is incurred.

(b) The minimum hourly rate of pay shall be calculated by dividing the basic monthly
wage by 208 subject to the figure of 182 being applied for gardeners. The figure of
208 represents the number of hours in a month for which the employee is paid to
work.

(c) Where an employee works on his/her rest day he/she shall be paid double the
hourly rate or he/she shall be given double the number of hours worked on his/her
rest day, except where the rest day is deferred as per clause 4(ii) hereof.

6. Public Holidays

(a) Any gazetted public holiday shall be a holiday with full pay.
(b) Where an employee works on a public holiday which is not his/her rest day, he/she
shall be paid overtime at double his/her hourly rate, or be given two days off in
lieu.
(c) Where an employee works on a public holiday which is also his/her rest day then
he/she shall be paid for all hours worked at a rate equal to double his/her hourly
rate and given another day off in lieu of his/her rest day OR be given three full
days as off duty
(d) Where an employees rest day falls on a public holiday and the employee does not
work on that day, his/her rest day shall be deemed to have been deferred to be
taken at a later date.

7. Housing and House Allowance

(a) In addition to the general wages increase as per clause (3), a housing allowance
increment of 9% and 10% as contained in the second schedule of this Agreement
shall be paid. Where the employer provides housing, no house allowance shall be

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paid. Provided that, no employee shall receive a lower house allowance after the
signing of this Agreement than the amount already being paid and where an
employee is receiving a higher housing allowance than that provided in the
schedule hereto such employee shall in addition be entitled to the incremental
amount provided herein.

(b) Where two employees share one room for accommodation, a house allowance
equal to half of the monthly house allowance shall be given to each employee
every month.

(c) In the event of termination or retirement, payment in lieu of notice shall also
include (as per clause 9 of this Agreement) the appropriate housing allowance
even if the employee is housed by the employer.

(d) Where the employee is dismissed before the completion of one month he/she shall
be paid house allowance on a pro rata basis.

8 (a) Warnings

An employee who has worked and whose conduct is unsatisfactory and/or who
commits an offence which in the opinion of the employer (by the Management of
its establishment) does not warrant summary dismissal shall be warned in writing.

(i) The first warning shall be recorded in the employees file and copied to the Shop
Steward. When no second warning has been necessary within a period of 7
months of the first warning then the first warning shall be cancelled from the
record. Where there is no Shop Steward in the establishment the first warning will
be copied to the local union representative.

(ii) The second, third and final warning letters will be copied to the Shop Steward and
the local Union representative.

(iii) An employee with less than three years continuous service with the same
employer, receiving a third recorded warning, may have his/her services
terminated in terms of Clause 9.

(iv) If an employee with three warnings recorded on his/her file commits a further
offence within seven and half months (7) from the date of the third warning, then
the employer shall be entitled to summarily dismiss the employee provided he/she
has been in employment for less than ten years. If the employee has had ten
years or more of service with the same employer and calling for a fourth warning
within seven and half months (7) of the third warning then the employer shall be
entitled to terminate the services of such an employee.

(v) If an employee completes seven and half months (7) from the date of his/her last
warning without any further offence any warning recorded on his her file will be
cancelled. Provided that, no cognizance will be taken with regard to cancelled
warnings by management and/or the Union alike.

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(vi) All warnings given shall be subject to written appeal by the employee to the
management within 7 days of the date of warning and the management shall
inform the employee within a further 7 days of the result of the appeal. If the
management fails to communicate in writing to the appellant the result of the
appeal within 7 days of the date of appeal, the warning will be deemed to have
been withdrawn.

(b) Appeal procedure

(i) All employers with 50 or more employees shall issue a statement on Rules and
Disciplinary procedures to be applied in their establishment within the meaning of
sect, 12 Employment Act (2007).
(ii) Before issuing any warning to an employee, the employer shall ensure that the
employee receives a fair hearing before an independent person not involved in the
original dispute or the accusing person.

9 Termination of employment

After the completion of the probationary period, the employment shall be

terminated by either party giving written notice or making payment in lieu of the
notice in the following terms:-

(a) An employee with less than five years continuous service with the same employer,
two months notice or two months pay in lieu.

(b) An employee with five years or more but less than ten years continuous service
with the same employer, three months notice or three months pay in lieu.

(c) An employee with ten years or more continuous service with the same employer,
four months Notice or four months pay in lieu.

(d) On termination or summary dismissal reasons shall be given in writing to the

employee with copies to the Shop Steward and the Union representative.

(e) Nothing in this clause shall prejudice the right of either party to terminate a
contract of employment summarily for lawful cause.
(f) On summary dismissal for lawful cause, an employee shall be paid all dues and
allowances applicable at the date of dismissal save only for notice.

10. Suspension/Interdiction

The employer reserves the right to suspend with full pay an employee from
employment up to a maximum of 14 days pending investigations into alleged gross
misconduct or other offences.

Should the employee be found to have committed gross misconduct or other

offences, then he/she shall be summarily dismissed or terminated with effect from
the date of the employers decision upon completion of the investigations. Should
the employee be found innocent of gross misconduct or other offences, then
he/she shall be reinstated forthwith.

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Where the employees case is under investigation by the Police or is pending

before a court of law the employees suspension shall be extended without pay
until the result of the Police investigation or the court action is known.

11 Redundancy

Redundancy shall have meaning as expressed in The Employment Act (2007). In

the event of redundancy the following principles shall apply:-

i. The Union shall be informed in writing at least one month before the day of the
intended redundancy. In case of special circumstances the Union may consider a
shorter period.
ii. If the employee is not a member of the union, then the employer shall explain to
that employee in person, the reason and extent of the redundancy

iii. The principle shall be adopted of last in, first out, in the particular grade of
employees affected, subject to all other factors such as skill, merit, ability and
reliability being equal.

iv. The redundant employee(s) will be entitled to the following periods of notice or pay
in lieu of such notice and any other entitlements covered by the agreement as
follows:-

(a) An employee with less than five years continuous service with the same
employer, two months notice or pay in lieu.

(b) An employee with five years or more but less than ten year continuous
service with the same employer, three months notice or pay in lieu.

(c) An employee with ten years or more continuous service with the employer,
four months notice or pay in lieu.

v. Severance pay shall be at the rate of sixteen days wages for each completed year
of service. Where an employee has not completed a year of service then he shall
be paid severance on a pro rata basis.

vi. Where in the event of a change in the management or ownership of an

establishment, the incoming manager, management or owner undertakes to
continue the employment of employees with full benefits for past services, then in
such cases it shall not be deemed to be or fall within the definition of redundancy
but the Union shall be informed of the change.

(vii) In case where it is necessary to transfer an employee to a lower grade of

employment without being able to continue the wage rate of the higher grade, then
redundancy should be declared in the original grade in accordance with the
provisions of this clause.

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12. Annual Leave

An employee shall be entitled to:-

(a) 26 working days paid leave (excluding public holidays falling within the leave
period) within any 12 consecutive months of service. Subject to mutual agreement
between the employer and the employee, in exceptional circumstances, such
annual leave may be accumulated.

b) Where employment is terminated after the completion of two or more consecutive

months service during any twelve month leave earning period, leave and leave
traveling allowance shall be paid in respect of each completed month of service
calculated on pro rata basis taking into account 26th working days of leave per
annum.

(c After every 12 consecutive months of service with the employer a traveling

allowance of Kshs. 4,800 for the period of 1 st October 2016 and Kshs. 5,000 for 1 st
October 2017, will be payable to the employee when proceeding on annual leave
subject to such allowance accumulating when leave is so accumulated.

d) Where an employee is given leave in broken pieces, a minimum of 14 days in any

year shall be continuous.

13. Maternity / Paternity Leave

(i) Female employees shall be entitled to three (3) months maternity leave with full
pay and shall, in addition, be entitled to 26 working days of her annual leave in that
year in addition to this, any sick leave or leave without pay running concurrent with
maternity leave..

(ii) Childbirth in respect of a female employee shall not be deemed to be sickness as

is provided for under Clause 14 of this Agreement.

(iii) A female employee who takes maternity leave shall not incur any loss of privileges
during such period.

(iv) A female employee taking maternity leave shall be paid leave traveling allowance
in accordance with the provisions of Clause 12 (c) hereof.

v) A male employee will be entitled to 14 days paternity leave in respect of child birth
by a legally married partner as per his NHIF card, income tax returns, or has a
certificate under Christian Marriages, Moslem Marriages, Hindu Marriages, Civil
Marriages Acts or Customary Marriage supported by an affidavit from a
Commissioner for Oaths. This leave shall apply within 3 weeks of the delivery of
the baby. It shall not apply in retrospect.
Come we stay relationships shall not qualify as marriage under this clause.

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14. Sick Leave

After two months continuous service with an employer, an employee shall be

entitled to sick leave which will mean leave arising out of illness or injury with pay
as follows:

(a) An employee with less than five years continuous service with the same employer
shall be entitled to a maximum of 30 days sick leave with full pay and thereafter 45
days sick leave with half pay in each period of twelve months continuous service.

(b) An employee with 5 years and less than 10 years of service with the same
employer shall be entitled to 60 days sick leave with full pay and thereafter 75
days sick leave with half pay in each period of twelve months continuous service.

(c) An employee with ten or more years with the same employer shall be entitled to a
maximum of 75 days sick leave with full pay and thereafter 90 days sick leave with
half pay in each period of twelve months continuous service.

Provided that:

(i) An employee shall not be entitled to such payment unless he produces to the
employer a certificate of incapacity covering the period of sick leave claimed,
signed by a medical practitioner in charge of a dispensary or medical aid centre, or
by a person authorized by him in writing and acting on his behalf. Where an
employee falls ill or suffers an injury while on leave, then on the production of the
certificate of incapacity as above, the employer will take into account the duration
of the illness or injury of the employee when calculating how much annual leave
has been taken prior to that illness or injury.

It shall be incumbent upon the employee to notify the employer within 48 hours
that he has fallen ill at which time the employer shall have the right to have the
employee examined by a doctor or hospital/dispensary approved by the employer.

(ii) An employee shall not be eligible for sick leave under this Clause in respect of any
incapacity due to gross neglect on his part.

(iii) After the periods of sick leave as detailed in (a), (b) and (c) above the employee
will be entitled to a further 30 days sick leave without pay. During this period, if it is
apparent from medical reports that the employee cannot resume work by the end
of the 30 day period then the employee may come to an agreement as to the
eventual resumption of work by invoking the provisions of clause hereof by the
employer granting compassionate leave. But in the event that no arrangement is
made between employer and employee then the employee will retire or be retired
on medical grounds as per the provisions of clause 27 (a) hereof.

15. Medical Treatment

All employees covered by this Agreement shall be provided with medical treatment
in accordance with the Employment Act (Medical Treatment Rules 1977) or any
amendment thereof, provided that;-

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(i) The employer will notify all employees of the recognized hospitals/dispensaries to
which the employees shall attend for medical treatment.

(ii) Where an employee, in an emergency, attends a recognized hospital/dispensary

then all expenses shall be met by the employer subject to the employee notifying
the employer within 48 hours of the name of the hospital in which he/she has been
admitted.

16. Uniforms

The employer shall provide at any given time, 2 sets of uniforms and footwear of
acceptable quality to all employees with the exception of administrative staff. The
type and style of uniforms for each category or employees, according to the job
they perform, will be agreed upon between the employer and the Works
Committee or where there is no Works Committee the local union representative
taking into account local conditions. Provided that;

(a) The uniform will be worn and used during working hours only.

(b) Uniforms will remain the property of the employers.

(c) Each non-administrative employee shall be entitled to two uniforms at any one
time which will be exchangeable for laundry and repair purposes. As and when
uniforms wear out they shall be replaced by the employer as necessary
recognizing the need for maintaining acceptable standards.

(d) Shoes or boots will be provided by the employer as to two pairs per employee as
and when necessary suitable for the job that is performed. Shoes or boots will be
worn and used during working hours only.
(e) Loss or willful damage by the employee may be charged to that employee for
replacement or repair as the case may be.

(f) Where an establishment fails to provide uniforms and/or shoes or boots as per the
contents of this clause, then compensation will be payable to the effected
employees. Such compensation shall be paid at the current market price once per
year.

(g) The employer shall provide 2 sets of uniforms and footwear of acceptable quality
and if such is not the case, and the employee is compelled to use his/her own
clothes or footwear, monthly compensation shall be Ksh.600 for footwear and for
clothes, Kshs 1,200 for the duration of this agreement

17. Acting Allowance

Where an employee is required in writing to act in a position of higher grade for a

period of 15 or more days he/she will receive, in addition to current earnings, thirty
percent (30%) of the applicable minimum wage of the acting grade, provided that
he employee who so acts, accepts the full responsibility and duties covered by the
appointment.

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No employee should be requested to act in a vacant higher grade for a period

exceeding the maximum of three months without being confirmed. On
confirmation of appointment he/she will receive all benefits and privileges
associated with that grade with effect from the date of confirmation.

18. Compassionate Leave

An employee desiring to take leave on compassionate grounds may, by prior

arrangement with the employer, be granted such leave with pay up to his earned
leave entitlement under clause 12 of this Agreement and the leave taken shall be
subsequently set off against his annual leave. An employee may, in addition to the
compassionate leave with pay taken as above, be granted further or extended
compassionate leave with or without pay in any one year at the discretion of the
employer. Such leave will not be unreasonable withheld.

19. Temporary/Seasonal Employment

The employer may employ persons on a temporary/seasonal basis for a period to

be specifically advised to the employee. Such period not to exceed 1 year.
Temporary/seasonal employment may only be offered for genuine
temporary/seasonal purposes or projects. Such employees will be subject to the
same terms and conditions of service as other employees in accordance with the
provision of section 35 (1 c) The Employment Act 2007.

(a) The employer shall not terminate the services of a temporary/seasonal employee
after completion of an aggregate of one year service or less and employ a new
employee in his place nor shall the employer re-employ the temporary/seasonal
employee within a short period of time in order to avoid employing that
temporary/seasonal employee on a permanent basis.

(b) Should the temporary/seasonal employee then be engaged in permanent

employment for the same employer the provisions of Clause 1 of this Agreement
relating to probationary terms will not apply.

20. Certificate of Service

Every employee shall be given a certificate of service by his employer upon the
termination of his employment, unless such employment has continued for a
period of less than four consecutive weeks. Every such certificate shall contain:-

(a) The name of the employer and his postal address.

(b) The name of the employee

(c) The date when employment commenced

(d) The nature and usual place of employment

(e) The date when employment ceased

(f) Wages at the date when employment ceased.

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21. Service Charge

i. The employer will operate a service charge on accommodation sales including

accommodation sales arising from apartments and cottages serviced by the
organizations employees and on food sales covering all food outlets (including
coffee shops and food sales on outside catering functions and all beverages)
whether by cash or credit. Provided that where organizations charge service
charge on other revenue items e.g. for bar sales, garden products sales, laundry,
telex, sauna and telephone charges, handling charges and transport services, then
such service charge shall be collected by the employer and distributed in
accordance with the provisions detailed below.

ii. The money collected through service charge shall be distributed equally to all
unionisable employees (always excepting management staff) on terms to be
agreed by the Works Committee of an individual establishment. A monthly
reconciliation as to the service charge collected and distributed shall be provided
by the employer to the Shop Steward of an individual establishment or in the
absence of a Shop Steward, the local Union representative at the time when the
service charge is distributed.

iii. The union in consultation with the association may appoint a qualified
auditor to audit the books and all records of accounts maintained by the
employer on service charge. The appointed auditor must discuss the fee
note with the employer to be audited. They shall agree on the fee note with
the employer to be audited. The employer whose records are to be audited
will advance up to half of the appointed auditors fee as a direct payment to
the audit. In the event that no malpractice is found, the full cost of the audit
would be met by the union from the check-off. If malpractice is found, the
employer shall meet the full cost.
iv. Once the periodical annual audit of the employer has been completed by its own
auditors, the employer shall provide to the Shop Steward of the establishment or in
the absence of a Shop Steward, the local Union representative, an audited
reconciliation of service charge collected and distributed covering the audit period.

v. A deduction equal to 0.5% of all service charge revenue so collected shall be paid
to an account to be operated by the Secretary General of the union, the
Chairperson of the Association, the Chairman J.I.C Nairobi and Chairman C.D.C.
to facilitate operation of both bodies and the members education as per annual
budget.The balance shall be disbursed as below:

A deduction of 10% will be retained by the employer from service charge collection for
administrative purposes. The balance of 90% being distributed as per sub-clause (ii)
above.

vi. The minimum service charge percentage to be levied by employers will be 7% on

sales as detailed in sub-clause (i) above.

vii. A 5.5% service charge on beverages will be levied.

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viii. An introductory service charge will be introduced on game drives and shuttle
buses at the rate of 2% where the services are charged for.

No employer will reduce service charge levied below that which is existing in an
establishment at the commencement of this Agreement.

22. Safari Allowance

An allowance of Kshs.2,851/- per day for the duration of the agreement will
be payable to employees whose duties on any occasion may necessitate
being away from their place of duty for periods in excess of 24 hours where
subsistence and accommodation is not provided. Where an employee with
the prior consent of the employer incurs expenditure of more than the
above amounts in any such period of 24 hours, reimbursement of such
excess expenditure will be made on production of supporting vouchers.

23. Night and Day Transport

(a) Where there is no public transport between the hours of 6 p.m. and 6 a.m. then the
employer will provide transport so that employees reach their respective places of
accommodation/work with safety after night work and in the early morning form the
start of work.

(b) Where there is existing transport arrangements provided by the employer for the
employees. This will continue.

(c) Where there are no public transport facilities serving establishments in country
areas e.g. Game parks, employers shall provide transport for employees going
and coming from leave or time off, to and from the nearest place where public
transport facilities are available.

(d) Where an establishment fails to provide transport as per the contents of this
clause, compensation will be payable to affected employees. Such compensation
will be by way of reimbursement and will be agreed upon by the employer and the
Works Committee or where there is no Works Committee in a particular
establishment, the local Union representative.

(e) In good faith the employee at the time of engagement will declare to the employer
his/her place of accommodation and upon any proposed change thereof.

24 Death of an Employee

(a) When an employee dies or is killed while in employment, the employer shall make
payment of a sum of at least Kshs. 30,000/- towards the burial and connected
transport expenses of the employee. Provided that, employers presently
contributing a higher amount to such expenses shall continue to do so at the
present level of contribution.

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(b) Where employment is terminated by death of an employee the employer shall pay
a gratuity for the long service of the deceased in accordance with the provisions of
Clause 27 (b) (i) and (ii) hereof.

25. Nightshift Allowance

Any member of staff who works more than 4 hours of a full shift at night shall be
paid a night shift allowance of 25% of his/her daily current wage. Night is defined
as between the hours of 7p.m. and 7 a.m.

26. Tools Allowance

Maintenance staff employed in establishments who are required to provide

and use their own tools for their particular skill shall be paid a monthly
allowance of Kshs. 2,040 for the period of this agreement.

27 Gratuity

(a) Retirement Gratuity

An employee who has attained the age of 55 years may retire or be retired. On
retirement the employee shall be entitled to be paid by the employer a sum equal
to:-

(i) Employees with up to and including 10 years of service 19 days salary and 19
days house allowance.

(ii) Employees with over ten years of service 25 days salary and 25 days house
allowance.

For each completed year of service at the rate of pay applicable at the date of
retirement.

Proof of age, in the absence of official documentation, shall be by way of a

certificate provided for that purpose by a recognized medical practitioner.

An employee may retire or be retired on medical grounds prior to attaining the age
of 55 years. In this case, a certificate from a medical practitioner must be
produced for such grounds to be valid.

In all cases of retirement whether upon attaining the retirement age or on medical
grounds, the employees services shall be terminated as per the provisions of
clause 9 hereof.

Where an employee is housed by the employer, at retirement he shall be paid as

above taking into account the house allowance applicable to his/her grade as
detailed in the house allowance schedule hereto as at the date of his retirement.

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(b) Termination Gratuity

Where an employee terminates or is terminated there will be a gratuity paid for

long service as follows:

(i) Between 5 and 10 years service on-third of one months salary and one third of the
house allowance, at the rate of pay applicable at the time of termination for every
completed year of service.

(ii) Over ten years of service one-half of one months salary and one half of the house
allowance at the rate of pay applicable at the time of termination, for every
completed year of service. Provided that:-

Where an employee is housed by the employer, at the date of termination or

retirement, he/she shall be paid termination gratuity taking into account the house
allowance applicable to his grade at the date of termination or retirement.

Note: Employers who are currently running a pension scheme, and whose gratuity
was to be terminated with effect from 1 st September 2015, are advised to transfer
the accrued gratuity to the pension scheme on terms agreed between the works
committee and the employer. The clause to be applied when converting gratuity
into pension is clause (27 a) on retirement gratuity. Employers who do not have a
pension scheme will be required to liquidate their gratuity upon implementation of
the new NSSF Act. Due to the cost of the accrual; employers are advised to set up
pension schemes where the accrued gratuity can be submitted gradually. In the
meantime, those who do not wish to join a pension scheme are advised to
maintain their gratuity schemes as per this CBA, as we await direction from the
NSSF Act once implemented.

28 Paid Educational Leave

Upon the request of the Union for educational/training leave for an employee to
attend a recognized workers education course, the employer will allow such an
employee to proceed to training and grant such leave with full pay as is necessary
for a period not exceeding six months. Such leave not to be unreasonable
withheld.

29. Agency Fees

There shall be established (subject to the Ministers order) a fee to be recovered

by all members of the Association to be known as Agency fees to be recovered
from all unionisable members in the members payroll who are beneficiaries of this
collective bargaining agreement but are not its acknowledged members under the
check off system not withstanding membership of another union. The levy shall be
2% of the employees wage or Kshs. 300 /- per month, whichever is the lower. The
money so recovered shall be paid to the account of KUDHEIHA Workers in the
same manner as membership monthly subscription under check off system.

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30. Transfer Allowance

When an employee is transferred from one unit to another, the employer shall
facilitate transport and immediate accommodation and meals to enable easy
settlement for 2 weeks to 1 month period.

31. Risk Allowance

Occupation Safety Health Committees, over and above looking at the health and
safety interests of all the workers, should take cognisant of the following staff who
work in risky areas: Laundry attendants, Cold store /rooms attendants,
Spa/masseurs, kitchen, maintenance and Security staff.

32. EFFECTIVE DATE AND DURATION

This agreement shall supercede all previous Agreements between the parties
hereto and shall be effective for two years with effect from the 1st October 2016
and remain in force up to 30th September 2018. It shall continue in force
thereafter until such time as either party hereto shall, by giving 90 days notice in
writing to the other, signifying its wish to terminate or amend this Agreement or the
terms hereof.
SIGNED for and on behalf of the Union of the Kenya Hotelkeepers and
Caterers Association by the persons duly authorized to do so.

Mr. J.S. Vohra------------------------------------------------------------------------------------

(National Chairperson)
Date:

Mr Solomon Mugwe---------------------------------------------------------------------------------
(National Treasurer)
Date:

Witnessed by:
Michael Macharia -----------------------------------------------------------
(Chief Executive Officer)

SIGNED for and on behalf of the Kenya Union of Domestic, Hotels,

Educational Institutions, Hospitals and Allied Workers (KUDHEIHA
WORKERS) by the persons duly authorized to do so.

Cllr. Joseph Ole Keiyua----------------------------------------------------------------------------

(National Chairman)
Date:

Mr. Albert Njeru ----------------------------------------------------------------

(Secretary General)
Date:

Witnessed by:
Mr. Zacheaus Osore --------------------------------------------------------------------------------
(KUDHEIHA)

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Date:

APPENDIX A
LETTER OF APPOINTMENT

Dear Sir,

This letter confirms your appointment as an employee of . On

terms and conditions of service as contained in the current agreement between the Kenya
Association of Hotelkeepers and Caterers and the Kenya Union of Domestic, Hotels,
Educational Institutions, Hospitals and Allied Workers (KUDHEIHA Workers).

A copy of the current agreement is in possession of the Shop Steward and you are
advised to acquaint yourself with its terms, before you sign this letter of appointment.

This letter of appointment is to be read, at all times, together with the agreement existing
between the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and
Allied Workers of which you are eligible for membership.

Duties

You will be employed initially as . (Grade . ) insert:

(Category as per Appendix B) (insert number )

Date of commencement

Wage

You will be paid a wage of Ksh .. This wage will be paid in arrears at the end of the
month.

Probation

You will be on probation in the first instance for a period of .

During which time on either will be required.

Signed . Signed ..
Employer Employee

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Signed ..
Witness

APPENDIX B

MEMORANDUM OF AGREEMENT

THE KENYA UNION OF DEOMESTIC, HOTELS, EDUCATIONAL INSITUTUIONS

HOSPITALS AND ALLIED WORKERS. (KUDHEIHA WORKERS) AND THE KENYA
ASOCIATION OF HOTELKEEPERS AND CATERERS

GRADE 1: UNSKILLED CATEGORY (PREVIOUS EXPERIENCE NOT REQUIRED)

CLEANER (POOL, GARDEN, OFFICE, LAUNDRY, BOAT)

GARDEN SWEEPER
GLASS WASHER
LIFT ATTENDANT
VALET RUNNER

GARDEN SWEEPER

Responsible for cleaning garden areas and general duties.

CLEANER

An employee undertaking specific cleaning tasks allocated as directed by the employer in

all areas of an establishment. Areas include swimming pool, garden, kitchen, offices,
laundry, boat etc.

GLASS WASHER

Responsible for cleaning glassware, transportation of bar stock and container cleaning.

LIFT ATTENDANT

Responsible for cleanliness and correct operation of normal lift procedure. Some
educational background to enable communication.

VALET RUNNER

Responsible for transporting guest laundry and dry cleaning between laundry and guest
rooms. Carries out other errands of a similar nature.

GRADE 2: SEMI-SKILLED CATEGORY

GARDENER
HALL PORTER

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LINEN/LAUNDRY ATTENDANT
OFFICE MESSENGER
PORTERS
SANITARY ATTENDANT

HALL PORTER

An employee whose main areas of work are in the lobby of an establishment, assisting
clients with baggage and providing information. Responsible for cleanliness tidiness.

GARDENER

An employee with experience in plants and maintenance of outside areas with some
horticultural knowledge.

SANITARY ATTENDANT

Responsible for cleaning toilets, cloak rooms and sanitary areas.

LINEN/LAUNDRY ATTENDANT

Responsible for sorting, counting, checking, packing, issuing linen and uniforms.

OFFICE MESSENGER

Means an employee wholly or mainly engaged in carrying out errands, mail deliveries and
simple routine tasks in the employers offices and/or shops.

PORTERS

Transports guest luggage and/or goods to and from rooms and stores. Some educational
qualifications to enable communication.

GRADE 3: LOW SKILLED CATEGORY

ASST. AIRCRAFT ATTENDANT

COMMIS
F&B WAITER
HEAD CLEANER
HEAD OFFICE MESSENGER
ROOM STEWARD
SALES LADY
SECURITY GUARD
SYCE

ASSISTANT AIRCRAFT ATTENDANT

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Responsible for the stripping of food trolleys, cleaning of catering equipment, loading and
off-loading of the food trolleys into the catering trucks loading and off-loading into the
aircraft under instructions.

COMMIS

A trainee who assists the cook in the preparation and cooking of food in a particular
section of the kitchen. This includes pastry, sauces, butchery, hot kitchen, cold kitchen
etc. Must have general knowledge in the preparation and cooking of food gained by
experience or technical qualification.

ROOM STEWARD

Responsible for cleanliness and tidiness of guest rooms, bathrooms, lavatories and
corridor areas. Also responsible for security of property under his charge.

HEAD CLEANER

Responsible for overseeing cleaners/stewards, ensuring cleanliness and tidiness in food

and beverage and other designated areas.

HEAD OFFICE MESSENGER

An employee responsible for supervising office messengers. Also engaged in carrying out
errands, mail deliveries, simple routine tasks in the employers office and/or shops
including cleaning duties.

SALES LADY/MAN

Responsible for service of food and beverages in vital outlets including coffee shops.
Attends to the cleaning replenishing of operating equipment, presentation and settlement
of bills and receipts.

F& B WAITER

Responsible for service of Food and Beverages in an a la carte or table dhote restaurant
or coffee shop or other catering areas. Presentation and settlement of bills. Duties will
cover promotion of wine sales in addition to all other beverage sales.

SECURITY GUARD

An employee responsible for safeguarding property under his charge and being alert for
theft or illegal entry. Conducts regular patrols as directed and enforces employers
security arrangements.

SYCE

An employee whose main task is to look after and be responsible for horses and other
equine animals. Will attend on guests using facilities and also be responsible for his/her
cleanliness and tidiness of stabling areas.

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GRADE 4: MEDIUM SKILLED CATEGORY

AIRCRAFT ATTENDANT
ASSISTANT HEAD PORTER
BARMAN
BOILERMAN (WITH TRADE SKILLS)
BOND ATTENDANT
CELLARMAN
COOK (DEMI CHEF)
DOG HANDLERS
DOORMAN
DRIVER (UNDER 2 TONS)
GUEST SHOP ASSISTANT
HAIR DRESSER
HEAD GARDENER
JNR STORE CLERK
KITCHEN HELPER/KITCHEN HAND/KITCHEN STEWARD
LAUNDRY OPERATOR
LINEN REPAIRER/SEAMSTRESS
LINEN/LAUNDRY CLERK
MFG MACHINE ATTENDANT
MINI BAR ATTENDANTS (ROOMS)
PASTRY SHOP ATTENDANT
PERTROL STATION ATTENDANT
ROOM SERVICE ORDER TAKER
SECURITY GUARD
SENIOR ROOM STEWARD
SENIOR SALES LADY
SENIOR WAITER (F&B)
STAFF SHOPKEEPER
SWIMMING POOL ATTENDANT
TRAINEE TELEPHONIST
UNGRADED ARTISAN

AIRCRAFT ATTENDANT

Responsible for the setting of catering equipment, presetting and preparation of food
trays, loading and off-loading of food trolleys into the catering trucks and aircraft.

ASST. HEAD PORTER

Supervises hall porters in the performance of their duties, assists clients with baggage
and provides information. Responsible for cleanliness and tidiness of the lobby area.

BARMAN

Responsible for bar stock, stock taking, service of drinks, cleanliness of bar area,
presentation and settlement of bills. Should have some training and qualification in the
knowledge of alcoholic beverages.

BOILERMAN (WITH TRADE SKILLS)

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An employee responsible for the operation and maintenance of boiler equipment

cleanliness of boiler rooms, with specialist knowledge of fuelling and stream pressure.

BOND ATTENDANT

Assists in the preparation of bar trolleys. Responsible for loading/off loading and
escorting the bar trolley from the aircraft. Also responsible for the cleanliness of the bar
trolleys.

CELLARMAN

Responsible for receiving, storing, controlling and issuing wines, spirits, beers and
minerals.

COOK (DEMI CHEF)

Responsible for the preparation and cooking of food in a particular section of the kitchen.
Must have wide knowledge in the preparation and cooking of food gained by experience
or technical qualification.

DOORMAN

Assists guests and their luggage to and from vehicles. Controls and advises on parking in
front of the lobby and keeps close liaison with security staff to maintain safety of guests
and their property.

DRIVER (UNDER 2 TONS)

A person employed to drive a light van or a car under 2 tons and is in possession of a
valid driving license for the class and vehicle concerned.
GUEST SHOP ATTENDANT

Responsible for transacting business with customers in the guest shop, receives and
accounts for money. Keeps stock clean, tidy and re-orders and replenishes stock.

HEAD GARDENER

An employee responsible for supervising gardeners and garden sweepers. Must have
horticultural knowledge and experience, be responsible for the cleanliness and tidiness of
all outside areas.

LAUNDRY OPERATOR

Engaged in simple mechanical operation of washing machine including the loading and
unloading. Ironing of articles or pressing them by the operation of laundry press and
removal of stains from articles.

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KITCHEN HELPER/KITCHEN HAND

An employee who does general duties which are of a semi-skilled nature as transporting
items from stores, potato peeling, preparation of juices, tea, coffee and mis-en-place in
catering areas. No formal qualifications.

LINEN/LAUNDRY CLERK

Counts and records linen to and from laundry, prepares documents and records linen
supplies. Also investigates and accounts for shortages if any.

MFG MACHINE ATTENDANT

Responsible for cleaning of, sorting, counting and storage of products from machines.

MINI BAR ATTENDANT (ROOMS)

A person employed to stock, prepare consumption reports, bills, cleanliness and security
of mini bars.

PASTRY SHOP ATTENDANT

A person employed to handle the sale of pastries from a retail outlet. Receives and
accounts for money. Keeps stock fresh and replenishes pastries. Responsible for the
cleanliness and hygiene of the retails outlet.

PETROL STATION ATTENDANT

An employee who is engaged in the selling of petroleum products and operations of

ancillary equipment of the station.

ROOM SERVICE ORDER TAKER

Answers telephone to take orders for food and drink to be delivered to guest rooms;
prepares billing documentation. Supervises payment and controls reports.

SECURITY GUARD

Responsible for safe guarding of people and property, supervises watchmen, conducts
regular inspection and enforces employers security arrangements. Should have previous
police or armed forces experience.

SENIOR SALES LADY

A person employed to handle the sale of food and beverage items from a vital outlet.
Receives money and is responsible for stock control and re-ordering. Also responsible for
the cleanliness and hygiene of the area.

STAFF SHOPKEEPER

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Responsible for controlling the stock and handling day to day cash transactions in the
premises. Also responsible for displays and cleanliness of the area.

JUNIOR STORE CLERK

Responsible for issuing and/or receiving stocks in the stores.

SWIMMING POOL ATTENDANT

An employee responsible for the day to day function of the swimming pool, its cleanliness
and all equipment. Shall be capable of testing water and adding correct chemicals.

TRAINEE TELEPHONIST

Trainee operator for 6 months if the employee has had no previous experience.

SENIOR WAITER (F&B)

Experience as an F&B waiter and with outstanding job performance.

UNGRADED ARTISAN

Includes carpenter, upholsterer, plumber, mason electrician, painter, mechanic, panel

beater, technician, (refrigeration and air conditioning), fitter etc. Carries out simple repairs
and maintenance work with a reasonable proficiency in a particular trade or trades
although not in possession of any trade test certificate.

LINEN REPAIRER/SEAMSTRESS

An employee engaged in any process of linen repair, buttonhole sewing by hand or

machine, simple hand stitching, pressing, hand cutting, tailoring etc.

SENIOR ROOM STEWARD

Responsible for overseeing a group of room stewards ensuring cleanliness and tidiness of
guest rooms, bathrooms, lavatories and corridor areas and security of property.

DOG HANDLER

Same as Security Guard but trained to handle dogs.

GRADE 5: MEDIUM/HIGH SKILLED CATEGORY

ANIMATORS
ARTISAN (T.T. III)
BOAT DRIVER
COPY TYPIST (OVER 40 WPM)
DRIVER (OVER 2 TONS UNDER 8)
DRIVER GUIDE
FLOOR/HJOUSEKEEPING SUPERVISOR
FLORIST

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GYM INSTRUCTOR
HEAD LINEN KEEPER
HEAD PORTER
HEALTH CENTRE ATTENDANT
JNR ACCOUNTS CLERK
JUNIOR PERSONNEL CLERK
KITCHEN CLERK
LIFE SAVER
MASSEURS
MEDICAL DRESSER
MFG MACHINE OPERATOR
MINI BAR SUPERVISOR
RESTAURANT HOSTESS
SENIOR AIRCRAFT ATTENDANT
SENIOR BARMAN
SENIOR BOND ATTENDANT
SENIOUR COOK/CHEF DE PARTIE
STEWARDING SUPERVISOR
STORES CLERK
TELEPHONIST B/RADIO OPERATOR
TELEX OF FAX OPERATOR
TIME KEEPER

ARTISAN (T.T. III)

An artisan with a certificate of trade test 3. Will include tailor, mason, carpenter, painter,
electrical wireman, MV mechanic etc.

BOAT DRIVER

A person employed to drive boats of all types. Must have experience in the maintenance
and repair of boats including engines, sails etc.

SENIOR BARMAN

Employed for the service of drinks, responsible for stock, float cash, presentation and
settlement of bills. Must have full knowledge of alcoholic beverages and with experience
in and qualifications for the preparation and service of cocktails.

SENIOR COOK/CHEF DE PARTIE

An employee responsible for a particular section of the kitchen eg. Pastry, sauces,
butchery, hot kitchen, cold kitchen etc. Will supervise other kitchen employees in that
section. Will have particular knowledge of food preparation and cooking related to the
section. Will supervise Asst. Cooks and Cooks.

DRIVER (OVER 2 TONS UNDER 8)

A person employed to drive a vehicle over 2 tons tare weight or heavy commercial vehicle
of less than 8 tons capacity with or without trailer, in both cases including handling to and

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from tailboard and is in possession of a valid driving license for the class of vehicle
concerned.

DRIVER GUIDE

A person employed to drive a tourist safari vehicle with the knowledge of the environment
to be able to describe features of interest to visitors and tourists.

HEAD LINEN KEEPER

Responsible for operational procedure of linen room and controls stock of linen and repair
thereof.

KITCHEN CLERK

Responsible for the documentation of kitchen stock movement, and operational controls.

JUNIOR PERSONNEL CLERK

Responsible for the documentation of kitchen stock movement, and operational controls.

LIFE SAVER

Has knowledge of life saving techniques and survival. Supervises guest swimming areas
and safety procedures. Must be able to swim

MFG MACHINE OPERATOR

Responsible for minor mould setting and packing of products coming from the machine.
Should have a certificate of trade test 3.

MEDICAL DRESSER

An employee capable of carrying out simple medical tasks. Should have at least first aid
skills and be capable of dressing wounds.

MINI BAR SUPERVISOR

A person employed to supervise mini bar attendants. Will take stock and billing
responsibilities in connection with hotel mini bars. Responsible for ordering and security.

SENIOR AIRCRAFT ATTENDANT

Supervises the setting of catering equipment, food trays presetting and preparation.
Ensures physical account of food trolleys before being loaded into the catering trucks and
after off loading from the aircraft.

SENIOR BOND ATTENDANT

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Responsible for the general preparation of the bar trolley. Supervises and assists in the
loading/off loading of bar trolleys. Ensures the bond is clean and arranged in an orderly
manner.

STORES CLERK
An employee who carries out clerical tasks including receiving and/or issuing and other
duties as required in the stores. Filing, accounts and supervision. Will be required to
participate in stock taking.

TELEX OR FAX OPERATOR

Employee who operates a telex and/or fax machine who would be fully proficient in all
aspects of machine operations including billing.

TIME KEEPER

Responsible of maintenance of staff duty records, checking clocking cards, monitoring

duty rosters and computing authorized overtime.

COPY TYPIST (MIN 40 W.P.M)

With typing skills, minimum of 40 wpm. Will carry out copy typing work including filing and
should have elementary knowledge of book keeping.

RESTAURANT HOSTESS
Welcomes and escorts guests to their tables, provides menus, assists in choosing dishes
and makes recommendations in this regard. Will assist in mis-en-place.

FLOOR/HOUSEKEEING SUPERVISOR
Responsible for checking guest rooms including bathrooms, lavatories, corridors and
public areas for cleanliness, tidiness and adequate supply of guest materials. Supervises
room stewards and cleaners.

FLORIST
Responsible for obtaining and arrangement of flowers and monitoring their quality as and
when necessary.

STEWARDING SUPERVISOR

Responsible for a shift of steward cleaners. Allocates duties in his area of responsibility.

JUNIOR ACCOUNTS CLERK

Simple accounts routine work without previous training or experience.

TELEPHONIST B/RADIO OPERATOR

Operates a radio/or a switchboard with 5 or less outside lines and less than 100
extensions.

GRADE 6: HIGHER SKILLED CATEGORY

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ACCOUNTS CLERK (ACNC 1 & II OR EQUIVALENT)

ARTISAN (TRADE TEST 2)
ASST. HOUSEKEEPER
ASST. LAUNDRY SUPERVISOR
ASST. STOREKEEPER
BOND CLERKS
CAPTAIN(ASST MAITRE DEHOTEL)
GUEST SHOPKEEPER
HEAD BARMAN
HEAD CELLARMAN
JUNIOR SOUS CHEF
MASSAGE SUPERVISOR
MFG SENIOR MACHINE OPERATOR
PERSONNEL CLERK
RECEPTIONIST
RESERVATIONS CLERK
ROOM SERVICE SUPERVISOR
SENIOR SECURITY GUARD
SHORT HAND TYPIST (50/80)
SLOT MACHINE OPRATOR
STAFF CANTEEN SUPERVISOR
SWIMMING POOL CASHIER
TELEPHONIST A

ASST. HOUSEKEEPER

Responsible for supervision of room stewards, floor supervisors and checking guest
rooms, bathrooms and corridors. Acts in absence of housekeeper. Checks for
cleanliness, tidiness and adequate supplies of guest material.

ASST. LAUNDRY SUPERVISOR

Assists the laundry supervisor in the running of the total laundry operation including
supervising procedures, stock control etc. Should be familiar with operations of the
laundry machines and detergents.

ACCOUNTS CLERK (ACNC I & II OR EQUIVALENT)

Responsible for preparations or control of financial statistics under supervision. May be

allocated specific responsibilities as ledger clerk, bond clerk, wages clerk, purchasing
clerk or be employed on general duties.

ARTISAN (T.T. II)

An artisan with a certificate of trade test 2 in any of the trades listed in Grade above.

ASST. STOREKEEPER

An employee who assists the storekeeper in checking operating procedures and other
general supervisory duties.

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BOND CLERK

Responsible for the documentation of custom entries and ensures ABO's and ABC's are
properly recorded. Also ensures proper arrangement of duty free items and that all bar up
lists are done.

CAPTAIN/ASST. MAITRE DHOTEL

In large restaurants/coffee shop operations, an employee working as the deputy of the

head waiter/maitre de hotel and responsible for the entire restaurant operation. Will have
full knowledge and experience in all aspects of restaurant/coffee shop operations.

SNR SECURITY GUARD

In a large hotel operations an employee working as a deputy to head security guard and
responsible for the entire security operation of the hotel. Will act for head security guard
in his absence and must have knowledge of security procedures and arranging rosters.
Will either have previous police or armed forces experience.

GUEST SHOPKEEPER

An employee in charge of a guest shop within a hotel. Supervises shop assistants, is

responsible for ordering, stock control, cash and security.

JUNIOR SOUS CHEF

Assists the Sous Chef in the administration and supervision of the kitchen staff.

HEAD BARMAN

Barman specifically in charge of a particular bar in an establishment. Will be responsible

for stock, cash float, presentation and settlement of bills and will supervise other bar staff.
Must have full knowledge of beverages and have experience in the preparation and
service of cocktails.

HEAD CELLARMAN

Responsible for ordering, stock control, security and supervising operational procedures.
Generally employed in larger hotel operations and responsible for storage of beverages
and tobacco.

ROOM SERVICE SUPERVISOR

Responsible for total room service operation in a hotel. Supervises room service staff and
co-ordinates with the food and beverage department.

STAFF CANTEEN SUPERVISOR

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An employee in charge of a staff canteen. Will supervise all other canteen staff and
responsible for supervising cooking, ordering, stock control, cash and security.

RECEPTIONIST

Responsible for receiving guests, their registration procedure, room allocation, notification
of charges, guest information and handling

RESERVATION CLERK

An employee responsible for recording reservations for accommodation, and confirming

the same under supervision.

SLOT MACHINE ATTENDANT

Assists customers at the slot machines, gives change and makes payments on winnings.
Responsible for keeping machines tidy, clean and reports break downs and related
problems.

MFG SENIOR MACHINE OPERATOR

Supervises a shift. Responsible for mould setting on machines. Controls the quality of
products being manufactured. Ensures that the factory is clean. Should have trade test
II.

SWIMMING POOL CASHIER

A person responsible for collecting cash and issuing receipts for people who wish to use
the facility and bill preparation if catering is involved.

TELEPHONIST A

Trained and/or fully experienced operator of switchboard with 5 or more lines and 100 or
more extensions.

SHORTHAND TYPIST (50/80)

Typists with 50/80 w.p.m. in typing and shorthand respectively, audio skills, full knowledge
of book keeping, office administration and related procedures.

PERSONNEL CLERK

With minimum of O Level but preferable A Levels with credit in English. Responsible
for alpha-numerical filing and processing simple applications e.g. annual leave,
compassionate leave etc. should make monthly statistical returns on monthly manpower
utilization, establishment returns, bureau of statistics, payroll analysis and be able to draft
simple inter-office memos.

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GRADE 7: QUALIFIED SKILLED CATEGORY

ACCOUNTS CLERK (CPA I)

ARTISAN (T.T.1 OR EQUIVALENT EXPERIENCE)
ASST. CHIEF STEWARD
BAR SUPERVISOR
COMPUTER OPERATOR
DRIVERS (VEHICLES OVER 8 TONS)
FRONT OFFICE CASHIER
HEAD BOATMAN
HEAD TELEPHONE OPERATOR
HEAD WAITER (MAITRE DEHOTEL)
HOUSEKEEPER
LAUNDRY SUPERVISOR
MFG MACHINE SETTER
NURSE (K.E.N. COMMUNITY NURSE)
PORT STEWARDS
RECEPTIONIST/CASHIER
RESTAURANT CASHIER
SENIOR BOND CLERK
SHIFT LEADER RECEPTIONIST
SNR PERSONNEL CLERK
SOUS CHEF
STOREKEEPER

HOUSEKEEPER

An employee generally in a medium to small size establishment responsible to the

Manager for the whole housekeeping operation of the establishment. Will be responsible
for the housekeeping staff.

LAUNDRY SUPERVISOR

Responsible for total laundry operation, operating procedures, stock control etc.
Supervises laundry staff and laundry areas of the hotel as to cleanliness, hygiene, tidiness
and quality of work. Should have operational knowledge of laundry machines and
detergents.

ACCOUNTS CLERK (CPA I)

Must have attained CPA I or minimum of 4 years working experience in accounts. Should
be able to extract trial balances and bank reconciliations.

BAR SUPERVISOR

The person responsible for controlling all the bars in the hotel and whose duties include
stock taking and the preparation of consumption reports. Also in charge of all bar
personnel.

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COMPUTER OPERATOR

An employee trained in the operation of computers for compiling creditors & debtors,
nominal ledger and other statistical information required by management. Must have
previous experience and qualifications.

DRIVERS (VEHICLES OVER 8 TONS)

A person employed to drive vehicles over 8 tons tare weight or heavy commercial vehicles
of less than 12 tons capacity with or without trailer. In both cases it includes handling to
and from tailboard and is in possession of a valid driving license for the class of vehicles
concerned.

HEAD WAITER/MAITRE DHOTEL

An employee in charge of a particular restaurant/coffee shop operation. Will supervise all

other restaurant staff and is responsible for all aspects of service including crockery,
cutlery, linen and guest supplies, presentation, settlement of bills, order taking etc.

FRONT OFFICE CASHIERS

A person employed to prepare and compile guest accounts, accept cash in payment,
make change, process foreign exchange, prepare banking etc.

HEAD BOATMAN

An employee overall in charge of boating and marining facilities offered by the hotel. Will
have experience and qualifications of maintenance and repair of boats of all types
including engines, sails etc. Will have knowledge of marine operations and boatyard
organization.

HEAD TELEPHONE OPERATOR

A person in charge of telephone operators. Must be trained and/or fully experienced on all
types of telephone equipment. Will organize duty rosters and is responsible for billing
procedures.

MFG MACHINE SETTER

Responsible for machine setting, mould maintenance and also final mould setting. Liaises
with shift leaders on production, quality and standards.

NURSES (K.E.N. COMMUNITY NURSE)

A qualified nurse of at least K.E.N grade. Full knowledge of all aspects of medicine and
capable of assisting a doctor.

RECEPTIONIST/CASHIER

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In small hotel operations, a person employed to cover both the receiving and recording of
guests and also the preparation of guest bills receiving money in payment of bills, and
issuing receipts. Also must be familiar with foreign exchange procedures.

PORT STEWARD

Assists in the supervision of the subordinate staff. Ensures that the catering trucks are
evenly spread to various aircraft being serviced at the same time. Prepares the charging
document of the flight.

ARTISAN (T.T.1 OR EQUIVALENT)

An artisan with a certificate of trade test 1 in any of the vocations listed in Grade 5 above
or has equivalent on job experience.

RESTAURANT CASHIER

Responsible for bill preparation, cash and credit procedures, and issuing receipts in all
areas including swimming pool, restaurants, bars and any other outlets except front office.

STOREKEEPER

A person in charge of stores personnel. Overall in charge of stocks, operating procedures

and recording movement of stock.

SNR PERSONNEL CLERK

A clerk with a minimum of O Levels with credit in English or a fresh university graduate.
Will be able to handle all duties of a Personnel Clerk and in addition handle Workmens
compensation documents, draft simple warnings, carry out simple interviews and settle
minor Trade Disputes.

ASST. CHIEF STEWARD

Generally altar ego to the Chief Steward and acts on his behalf.

SHIFT LEADER RECEPTIONIST

A senior receptionist who is responsible for the operation of the reception for a shift.
Other employees report to him.

SENIOR BOND CLERK

Responsible for the day to day supervision of their shift, including loading, off loading and
escorting of bar trolleys. Ensures documentation and accounting of the stock in the
bonded stores is done including banking and accounting of cash transactions during the
shift.

SOUS CHEF

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An employee with experience assigned to run a section of the Kitchen e.g Gardmangier,
Entrementie, Saucie, Pastry, Butcher, Coffee Station, Hot Kitchen, Cold Kitchen.

GRADE 8: SECTION HEADS

ASST. CATERING OFFICER
ASST. HEAD HOUSEKEEPER
ASST. SECURITY OFFICER
ASST. TRANSPORT SUPERVISOR
CHIEF BOND CLERK
CHIEF STEWARD
DRIVERS (VEHICLES OVER 12 TONS)
FOOD AND BEVERAGE CONTROLLER
GUEST RELATIONS OFFICER
HEAD CASHIER
HEAD OF LAUNDRY
HEAD RECEPTIONIST
HEAD STOREKEEPER
NIGHT AUDITOR
RETAIL SHOPKEEPER
REVENUE CONTROLLER
SENIOR ACCOUNTS CLERK
SENIOR COMPUTER OPERATOR
SENIOR PORT STEWARD
SENIOUR SOUS CHEF
SNR SLOT MACHINE ATTENDANT/CASHIER
TECHNICIAN III
WORKSHOP/GARAGE FOREMAN

ASST. CATERING OFFICER

Reporting to the Catering Officer. The assistant is responsible for monitoring laundry and
other operation procedures, stock control etc. Verifies linen and other items being loaded
upon aircraft and handling over the same to flight crew.

CHIEF BOND CLERK

Responsible for documentation and submission of customs warehousing entries to the

customs department. Liaises with the customs department on any queries from the
customs procedures. In charge of both NAS and airline bonded stocks in the warehouse.
Also supervises subordinate staff.

SENIOR COMPUTER OPERATOR

Experienced as a Computer Operator and with outstanding job performance.

DRIVERS (VEHICLES OVER 12 TONS)

Driver of heavy lorries or commercial vehicles over 12 tons tare weight and is in
possession of a valid driving license for that class of a vehicle.

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FOOD AND BEVERAGE CONTROLLER

Responsible for auditing and controlling food and beverage accounts and control
documents. Duties include preparing summaries and reporting discrepancies. May also
stock take, prepare consumption reports and cost menus.

HEAD CASHIER

In charge of the cash office. Supervises cashiers and is responsible for security, correct
operation of cash transactions, the preparation of summaries and balances. Maintains
and checks cash floats.

RETAIL SHOPKEEPER

Solely in charge of a retail outlet which does not form part of the hotel.

HEAD STOREKEEPER

Totally in charge of the stores area. Supervises and controls staff, deliveries, stores
movement, storage and recording of stores items. Will also be responsible for stocktaking
and ordering.

REVENUE CONTROLLER

Has minimum of CPA II in accounts. Is responsible for the auditing the revenue. Will
prepare revenue summaries, reports and analyze revenue as required by the
management.

SENIOR ACCOUNTS CLERK

One in charge of accounts section to who accounts clerks will report. With a minimum of
5 years experience in lower grades.

SENIOR PORT STEWARD

Checks the correctness of flight charge document and the presentation of the bill to the
airline personnel for approval. Verification of the quality and quantity of the food items
before leaving the catering unit for loading into the aircraft and handing over the same to
the flight crew. Assigns work to subordinate staff.

ASST. SECURITY OFFICER

Assists the Chief Security Officer on supervision of security guards and other
administrative duties within the department.

ASST. TRANSPORT SUPERVISOR

Responsible for a shift of drivers. Will also assist and deputize for the Transport
Supervisor to control and supervise the total transport requirement of the establishment.

ASST. TRANSPORT SUPERVISOR

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Responsible for a shift of drivers. Will also assist and deputize for the transport supervisor
to control and supervise the total transport requirement of the establishment.

WORKSHOP/GARAGE FOREMAN

Fully in charge of hotel workshop/garage. Co-ordinates workshop procedures, billing

instructs staff in their duties. Functions will include cost control, labour rates and liaison
with outside contractors as necessary.

ASST. HEAD HOUSEKEEPER

In large hotel operations, an employee working as the deputy of the head housekeeper
responsible for the entire housekeeping operation. Will act in the head
housekeeper/executive head housekeepers absence. Will have full knowledge and
experience in all aspects of housekeeping.

CHIEF STEWARD

Supervises all stewarding staff and control all catering equipment. He will also be
responsible for cleanliness and hygiene of such equipment both for functions, outside
catering, floors and walls within the kitchen areas. Must have pleasant personality, strong
leadership qualities and working experience in stewarding.

TECHNICIAN III

A Technician with Ordinary National Diploma (OND) in any of the vocations listed in grade
5.

GUEST RELATIONS OFFICER

Looks after the welfare and interests of guests to ensure the happiness of a guest. Must
be fully conversant with all aspects of hotel operations and will act as an information
officer. Knowledge of foreign languages desirable.

HEAD OF LAUNDRY

Fully in charge of the hotels laundry operation. Will have full knowledge of a professional
laundry operation either by experience or through technical qualification. Will be
responsible for material ordering, stock receiving and issuing procedures. Makes
recommendations as necessary to laundry procedures, energy and material conservation.

HEAD RECEPTIONIST

Employed in a large hotel to be responsible for reception procedures. Will supervise

receptionist and shift leaders to ensure correct operation of reception. In smaller hotels,
duties may include supervising the bill office reservations.

SNR SLOT MACHINE ATTENDANT/CASHIER

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Assists customers at the slot machines, gives change and makes payments on winnings.
Responsible for keeping machines tidy and clean and reports break down and related
problems. In addition, he supervises machine attendants and cashiers. Is the keeper of
the main safe.

NIGHT AUDITOR

Takes final reading of Cash Registers and Computers and balances the sales from
various outlets. Prepares the financial summary for accounts. Must have attained
qualifications either in general or specified accounting.

SENIOUR SOUS CHEF

An employee with a minimum of five years in the Kitchen combining responsibility for two
or more sections of a Kitchen.

GRADE 9: SENIOR SECTION HEADS

ACCOUNTS SUPERVISOR (CPA II)

COMPUTER PROGRAMMER
COMPUTER SUPERVISOR
EXECUTIVE/HEAD HOUSEKEEPER
MAINTENANCE SUPERVISOR
NURSE (KRN, KRM)
PERSONNEL ASSISTANT
SECURITY OFFICER
STENOGRAPHER (50/100 WPM)
TRANSPORT SUPERVISOR

COMPUTER SUPERVISOR

Responsible for the operation of computers within a hotel and must have full knowledge of
all aspects of computer operations and assign duties to other employees. Will advise
management as to computer operations and capability.

EXECUTIVE HEAD HOUSEKEEPER

Responsible for the entire housekeeping division of the hotel. Organizes and plans staff
and work schedules to ensure guest rooms, corridors and public are cleaned and
maintained to the standards required. Controls expenditure on operating equipment and
guest supplies.

MAINTENANCE SUPERVISOR

Fully in charge of repairs and maintenance in the hotel. Collates and co-ordinates
maintenance reports and instructs all staff on their duties. Duties may include cost
control, preventive maintenance, liaison with contractors amongst others.

SECURITY OFFICER

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Controls and supervises the total security of the premises, property and people both
employed and staying in the hotel. Liaises with local authorities and other law agencies,
conducts investigations and/or prosecutions, prepares reports for management.

ACCOUNTS SUPERVISOR (CPAII)

An employee with minimum CPA II or BComm. (Accounts) supervising several accounts

clerks. Must be able to prepare accounts to the manufacturing, profit and loss stage.

NURSE (KRN, KRM)

A qualified nurse of at least K.R.N. grade. Full knowledge of all aspects of medicine and
capable of running a clinic on her own or assisting a doctor.

STENOGRAPHER (50/100 WPM)

An employee with 50/100 wpm, can operate a work processor, and has full knowledge of
office administration procedures. Capable of acting for a Secretary.

TRANSPORT SUPERVISOR

Fully in charge of an establishments workshop/garage. Collates and co-ordinates

workshop procedures, billing and instructs staff in their duties. Duties will include cost
control, labour rates and liaison with external contractors as necessary.

COMPUTER PROGRAMMER

Fully trained and qualified Computer Programmer with necessary certificates. Able to
write computer programmes.

PERSONNEL ASSISTANT

Able to handle duties of a Senior Personnel Clerk, in addition to personnel letters and to
handle minor disputes.

SPECIAL GRADES

CHIPPER
DEALER C
MUSICIAN II (UNABLE TO READ MUSIC)
MUSICIAN I (ABLE TO READ MUSIC)
DEALER B
DEALER A

CHIPPER

Responsible for keeping the roulette tale in good order and clean. Assists dealers in
picking up chips and arranging them tidily according to their colours.

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DEALER C

Responsible in either games of black jack, pontoon, poker or roulette to clean the tables
and prepare for the start of the game. Receives cash floats, chips and operates the game
while being pleasant and helpful to the clientele. At the close of the game makes winning
payments and hands over cash floats.

MUSICIANS II (UNABLE OT READ MUSIC)

Musicians capable of paying a musical instrument but unable to read music.

MUSICIANS I (ABLE TO READ MUSIC)

Musicians capable of playing a musical instrument and able to read music.

DEALER B

Responsible in either games of blackjack or roulette to clean the tables and prepare for
the start of the game. Receives cash floats, chips and operates the game while being
pleasant and helpful to the clients. At the close of the game makes winning payments to
the clients and hands over cash floats.

DEALER A

In overall charge of either roulette or blackjack tables. Will have thorough training and
knowledge of either games. At the close of the game makes winning payments to clients
and hands over cash floats.

-end-

WAGES SCHEDULES

A. WAGES
WAGES SCHEDULE 1
AREA A NAIROBI, MOMBASA &KISUMU CITY

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GRADE Basic Minimum wage Basic Minimum wage

1st October 2016 1st October 2017
1 11,721.53 12,542.04
2 11,979.14 12,817.68
3 12,659.38 13,545.54
4 15,820.70 16,928.15
5 19,896.86 21,289.64
6 21,489.88 22,994.17
7 26,449.87 28,301.36
8 26,750.00 28,622.50
9 27,820.00 29,767.40

WAGES- SCHEDULE 2
AREA B- ALL OTHER AREAS

GRADE Basic Minimum Wage Basic Minimum Wage

1st October 2016 1st October 2017

1 10,814.60 11,571.62
2 10,874.45 11,635.66
3 11,231.15 12,017.33
4 14,406.91 15,415.39
5 18,286.84 19,566.91
6 20,494.78 21,929.41
7 24,890.77 26,633.12
8 25,680.00 27,477.60
9 26,750.00 28,622.50

A. HOUSING
HOUSING SCHEDULE 1
MONTHLY HOUSE ALLOWANCE
(Clause 7 of the agreement)
ORDINARY GRADES

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AREA A-NAIROBI KISUMU MOMBASA CITIES

Grade Housing Allowance Housing
01.10.2016 Allowance
01.10.2017
Grade 1-3 7,729.77 8,502.75
Grade 4-5 7,897.30 8,687.03
Grade 6-9 8,085.02 8,893.52
ALL OTHER AREAS
Grade 1-3 6,990.78 7,689.85
Grade 4-5 7,126.22 7,838.84
Grade 6-9 7,290.18 8,019.20

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APPENDIX: Human Resource Best Practice

The industry is encouraged to implement, establish and comply with the following
practices:

a) Human Resource practices:-

i. Employee reward and recognition

ii. Employee appraisal.
iii. Training and Development.
iv. Team building.
v. Employee wellness.
vi. Employee welfare programs.
vii. Communication-Regular scheduled work committee meetings.
viii. Compliance with statutory requirements.
ix. Development of succession career plans.
x. Personal Financial management programs.

b) The following practices embedded in the law should also be embraced:-

i) HIV/AIDS- There shall be a HIV/AIDS policy guided by the HIV Prevention and
Control act 2006, Sexual offences Act 2006, labour laws, Constitution of Kenya as
well as the ILO hospitality industrys HIV/AIDS policy, code of conduct and ethics.
ii) Protection- Employees shall be protected and fairly treated within the provisions
of the employment act, the constitution of Kenya and ratified ILO Conventions.
No person shall do or threaten to do any of the following;
Require an employee or a person seeking employment not to be or become a
member of a trade union.
Prevent an employee or person seeking employment from exercising any right
conferred by this Act or from participating in any proceedings specified in
Employment Act.
iii) Gender- The Human Resource department shall ensure compliance with the
following gender requirements as mainstreamed in the government policy on
gender, Constitution of Kenya 2010 and ratified ILO Conventions.
Ensuring that in recruitment and staffing there is general knowledge of gender and
demonstrable commitment to gender quality.
Performance and career development to promote staff performance and capacity
to facilitate gender knowledge, gender responsive activities and results.
Ensuring that resources are committed to continuous gender training activities to
strengthen accountability for gender equality to all employees.
iv) Persons with Disabilities
No employer shall discriminate against person with disability in relation to:-
a) The determination or allocation of wages, salaries, pensions, accommodation,
leave or other such benefits.
b) The choice of persons for posts, training, advancement, apprenticeships,
transfer, promotion or retrenchment.
c) The provision of facilities related to or connected with employment
d) Any other matter related to employment

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e) An employee with a disability shall be entitled to exemption from tax on all

income accruing from employment.
v) Discrimination /Victimization
No employer shall discriminate directly or indirectly ,against an employee or
harass an employee on grounds of; race, colour, sex, language, religion, political
or opinion, nationality ,ethic or social origin, disability ,pregnancy and mental status
or HIV status.
vi Occupation health and safety
Occupational health and safety for a member of staff shall be observed as per the
provisions of the occupational safety and health Act 2007.
vii) Child labour
No person shall use or assist any other person in recruiting, trafficking or using
forced labour in children under the age of 18 years in accordance with the labour
laws, Constitution of Kenya 2010 and ratified ILO Conventions.
vii) Sexual harassment
In all establishment covered by this agreement the managements shall develop
policy to guide the employees and management on matters of sexual harassment
at place of work. The contents of the policy shall be communicated to the
employees and members of the management and placed where it can be
accessible for reference.

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