THIS COLLECTIVE AGREEMENT is made pursuant to the Industrial Relations Act on this 30th day of September 2013 between the ALEXANDRA HEALTH SYSTEM PTE LTD, a company registered under the Companies Act and having its place of business at 90 Yishun Central, Singapore 768828 (hereinafter called the “Hospital”) of the one part and the HEALTHCARE SERVICES EMPLOYEES’ UNION of No. 3 Bukit Pasoh Road, #02-00, Singapore 089817 being a trade union of staff registered pursuant to the Trade Unions Act (hereinafter called the “Union”) of the other part. NOW IT IS HEREBY AGREED AND DECLARED between the parties hereto as follows: PART I GENERAL PROVISIONS 1. TITLE This Agreement shall be known as the “ALEXANDRA HEALTH SYSTEM STAFF AGREEMENT OF 2013”. 2. SCOPE (1) This Agreement shall cover all staff of the Hospital with the exception of the following categories of staff (with definitions as set out in Appendix 1 of this Agreement): (a) Managerial and Executive staff (b) Confidential staff (c) Probationary staff (d) Part-time staff who join the Hospital directly on part-time employment (part-time staff who had converted from full- time regular employment shall be given full representation) (e) Medical staff CA NO. 299/2013 Alexandra Health Systems Staff Agreement of 2013 (ASCA)B(200114) Page 1 of 33 (2) Staff who are already enjoying benefits that are more favourable than that provided for in this Agreement shall continue to enjoy them on a personal-to-holder basis. (3) Limited Representation The Hospital and the Union agree to represent the following staff with limited scope as governed by Section 30A of the Industrial Relations Act. (a) Non-Nursing Staff - Grade 14 (b) Pharmacist - PH03 (c) Allied Health Professional - AH14 (d) Nursing Staff - Senior Nursing Officer (4) Representation of Contract Staff The Hospital recognises the Union’s limited representation of fixed term contract staff individually, not as a class. There should not be any representation on all matters relating to terms of employment contained in the individual staff’s Letter of Employment and any other prevailing terms of employment contractually agreed to between the Hospital and the individual staff. To qualify for Union representation, the fixed term contract staff (a) Must not be under the categories of staff listed in Appendix 1; (b) Must not be employed on fixed term tenure of less than one (1) year and must not be a foreigner still employed on first contract with the Hospital; (c) Must not be employed in a senior management position or perform or exercise any function, duty or power of a person employed in a senior management position, including the control and supervision of major business operations, accountability for operational performance, formulation of business policies, plans and strategies and provision of leadership to other employees; CA NO. 299/2013 Alexandra Health Systems Staff Agreement of 2013 (ASCA)B(200114) Page 2 of 33 (d) Must not perform or exercise any function, duty or power which includes decision making, or the power to substantially influence decision making on any industrial relation matters, including the employment, termination, promotion, transfer, performance appraisal or discipline of other employees; (e) Must not perform any function or duty which includes representing the employer in any negotiations relating to any industrial relation matters; (f) Must not have access to confidential information relating to the budget and finances of the employer, any industrial relation matters, the salaries and personal records of other employees or the password of employee’s computers; (g) Must not perform or exercise any other function, duty or power which may give rise to a real or potential conflict of interest if he or she is represented by the trade union. (5) The Hospital shall provide the Union with a list of contract staff who qualify for limited representation by the Union. 3. RECOGNITION (1) The Hospital shall recognise the Union as the sole collective negotiating body relating to pay and all other terms and conditions of service of all bargainable staff coming within the scope of this Agreement. (2) The Hospital and the Union hereby undertake to fully cooperate in maintaining harmonious industrial relations and in creating an environment that will enhance the Hospital’s image and business prospects and at the same time promote the interest and future growth of all staff. (3) The Hospital and the Union shall agree before any changes in terms and conditions of employment are put into effect. CA NO. 299/2013 Alexandra Health Systems Staff Agreement of 2013 (ASCA)B(200114) Page 3 of 33 4. DURATION (1) This Agreement shall come into effect on 1 April 2013 and shall be in force till 30 September 2015. (2) Negotiations for a new collective agreement may commence not earlier than 6 months before the expiry of this Agreement. 5. NON-UNION MEMBERS Non-union members belonging to categories within the scope of this Agreement shall not receive or enjoy terms and conditions of service more favourable than those conferred on the union members under this Agreement. 6. GRIEVANCE PROCEDURE (1) Recognising the value and importance of a full discussion in clearing up any misunderstanding and in preserving harmonious industrial relations, every reasonable effort shall be made by both the Hospital and the Union to expeditiously look into or deal with any suggestions, enquiries or complaints from staff at the lowest possible level. (2) The grievance procedure shall be as follows: (a) Step 1 Any staff having a grievance and/or complaint shall, if she so wishes, refer the matter within 7 working days of its arising to her immediate superior, Section Head or Department Head. (b) Step 2 If the staff concerned feels that the grievance has not been properly dealt with, the matter shall be taken up by the Union and the Human Resource Department of the Hospital for further discussion. CA NO. 299/2013 Alexandra Health Systems Staff Agreement of 2013 (ASCA)B(200114) Page 4 of 33 (c) Step 3 If the matter is still unresolved, it shall be referred to the Ministry of Manpower for conciliation in accordance with the relevant provision of the Industrial Relations Act. 7. REFEREE Any dispute between the parties to this Agreement while it is in force and arising out of its operation shall be referred to the President of the Industrial Arbitration Court who shall have the discretion to select a referee appointed in accordance with the provisions of the Industrial Relations Act to determine the dispute. PART II GENERAL TERMS AND CONDITIONS OF EMPLOYMENT 8. PROBATION AND NOTICE PERIOD (1) A new staff shall on her appointment serve a probationary period as specified in sub-clause (4) of this clause. (2) The Hospital shall inform the staff, in writing, either of her confirmation of appointment or the extension of her probationary period before the expiry date. Failing which, the staff shall be deemed to be confirmed in the appointment on the expiry of the probationary period. (3) The probationary period shall form part of the staff’s length of service. (4) The probationary period shall be as follows: Category Duration Non-Nursing Staff PH01 & above 6 months Grades 11 & above 6 months Grades 1 to 10 3 months CA NO. 299/2013 Alexandra Health Systems Staff Agreement of 2013 (ASCA)B(200114) Page 5 of 33 Nursing Staff NO II & above 6 months AN II to SSN I 6 months (fresh graduates and those without minimum 6 months’ clinical experience) AN II to SSN I 3 months (those with minimum 6 months’ clinical experience) (5) Staff who have completed 3 months of service shall be eligible to all the benefits as spelt out in this agreement. (6) The probationary period of a staff may be extended for a period of up to 3 months if the performance during the probationary period is not satisfactory. However, the staff must be informed of her extension and the reasons thereof in writing. (7) Subject to exceptional work performance, a staff may be confirmed before the expiry of the probationary period. (8) The termination notice of a staff or the corresponding period of gross salary in lieu of notice shall be as follows: Notice Period Non-Nursing Staff Nursing Staff During Upon Probation Confirmation PH01 & above NO II & above 2 weeks 1 month Grades 11 & above Grades 1 to 10 AN II to SSN I 2 weeks 1 month 9. HOURS OF WORK (1) The working hours shall be regulated in accordance with the present practice on the basis of a maximum of 42 hours per week. (2) Staff shall be adequately notified of any changes in the working hours and the Union consulted prior to any change to the working hours. CA NO. 299/2013 Alexandra Health Systems Staff Agreement of 2013 (ASCA)B(200114) Page 6 of 33 10. SHIFT WORK (1) All shift staff shall work the following hours excluding meal breaks: (a) Permanent night shift - 38 hours per week (b) Rotating shifts - 40 hours per week, averaged over a 2 or 3-week roster (2) The shift pattern may differ for different groups of staff due to the nature of their work. However, staff shall be notified in advance of their respective shift patterns/schedules prior to implementation. 11. OVERTIME (1) Work performed in excess of the daily contractual or rostered hours as set out in clause 10(1), or a total of 42 hours a week by a full-time staff shall be deemed as overtime work, in accordance with the provisions of the Employment Act. (2) Eligible staff shall be paid one and a half times the hourly basic rate of pay for overtime work in accordance with the Employment Act. (3) For the period from 1 April 2013 to 31 December 2013, in computing the daily/hourly basic rate of pay, where the staff’s total monthly salary exceeds $2,200, and she is not covered by Part IV of the Employment Act, the daily/hourly basic rate of pay shall be based on a total monthly salary of $2,200 in accordance with the “Alexandra Health Staff Agreement of 2010 (CA 266/2010)”. (4) With effect from 1 January 2014, in computing the daily/hourly basic rate of pay, where the staff’s total monthly salary exceeds $2,500, and she is not covered by Part IV of the Employment Act, the daily/hourly basic rate of pay shall be based on a total monthly salary of $2,500. CA NO. 299/2013 Alexandra Health Systems Staff Agreement of 2013 (ASCA)B(200114) Page 7 of 33 12. REST DAY (1) Every staff shall be entitled to 1 rest day which is without pay per week. (2) The weekly rest day for a staff engaged in shift work shall be determined by the duty roster drawn up in accordance with the operational needs of the Hospital. Staff shall be informed of the roster in advance. (3) A staff who works on her rest day at the request of the Hospital shall be paid in accordance with the Employment Act as follows: (a) If the period of work does not exceed half her normal hours of work, a sum at the basic rate of pay for 1 day’s work; (b) If the period of work is more than half but does not exceed her normal hours of work, a sum at the basic rate of pay for 2 days’ work; (c) If the period of work exceeds her normal hours of work for 1 day: (i) A sum at the basic rate of pay for 2 days’ work, and (ii) A sum at the rate of not less than 1.5 times her hourly basic rate of pay, for each hour or part thereof that the period of work exceeds her normal hours of work for 1 day. (4) For the period from 1 April 2013 to 31 December 2013, in computing the daily/hourly basic rate of pay, where the staff’s total monthly salary exceeds $2,200, and she is not covered by Part IV of the Employment Act, the daily/hourly basic rate of pay shall be based on a total monthly salary of $2,200 in accordance with the “Alexandra Health Staff Agreement of 2010 (CA 266/2010)”. (5) With effect from 1 January 2014, in computing the daily/hourly basic rate of pay, where the staff’s total monthly salary exceeds $2,500, and she is not covered by Part IV of the Employment Act, CA NO. 299/2013 Alexandra Health Systems Staff Agreement of 2013 (ASCA)B(200114) Page 8 of 33 the daily/hourly basic rate of pay shall be based on a total monthly salary of $2,500. 13. PUBLIC HOLIDAYS (1) Staff shall be entitled to paid gazetted Public Holiday in accordance with the provisions of the Employment Act. (2) Based on the exigencies of service, if the Public Holiday falls on a non-working day or day off, the Hospital may decide to (a) Give the staff another day off as a holiday; or (b) Compensate the staff with an additional day’s pay in lieu of that holiday. (3) If any of the gazetted public holidays falls on a rest day, the working day immediately thereafter the rest day shall be a paid holiday in substitution under sub-clause (2) above. (4) If a staff is required to work on her off-day or a rest day which is declared to be a substituted holiday, she shall be paid the relevant overtime rate of pay in accordance with the Employment Act. She shall also be entitled to another substituted public holiday. PART Ill TERMS AND BENEFITS ON TERMINATION OF EMPLOYMENT 14. RETIREMENT AND RE-EMPLOYMENT (1) The retirement age for all staff shall be in accordance with the Retirement and Re-employment Act. (2) For the purpose of retirement, the date of birth of the staff shall be taken to be that as stated in the NRIC. If this is disputed, then the date shall be taken as that shown in the staff Central Provident Fund record. (3) The Hospital supports post-retirement employment and will endeavour to re-employ retired staff in suitable positions and CA NO. 299/2013 Alexandra Health Systems Staff Agreement of 2013 (ASCA)B(200114) Page 9 of 33 provide re-training where possible. Retired staff shall be offered fixed term post-retirement employment contract on mutually agreeable terms and conditions based on the operational and service needs of the department. The re-employment is subject to the staff’s satisfactory performance and medical fitness to perform the job. 15. RETRENCHMENT BENEFITS (1) In the event of redundancy, the Hospital shall inform the Union in writing of any impending retrenchment at least 1 month in advance before the notice of termination is served on the affected staff. (2) The notice on termination of service on grounds of redundancy to the affected staff shall be 1 month’s notice or 1 month’s gross salary in lieu thereof in accordance with the definition of gross rate of pay in the Employment Act. (3) The Hospital and the Union shall then negotiate the retrenchment benefits payable. (4) For the purpose of this clause, termination by reason of reorganisation or liquidation of the Hospital shall be treated as redundancy and therefore staff will be eligible for retrenchment benefits. PART IV SALARY AND OTHER MONETARY ITEMS 16. SALARY RANGES The salary ranges are shown in Appendix 2 to this Agreement. 17. ANNUAL INCREMENT (1) Eligible staff shall receive an annual increment which will be negotiated with the Union annually. CA NO. 299/2013 Alexandra Health Systems Staff Agreement of 2013 (ASCA)B(200114) Page 10 of 33
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