Final Draft NUJ-NSTP2010-2013(28.4.2011)

8/2/2019 Final Draft NUJ-NSTP2010-2013(28.4.2011)

1/29

ARTICLE 1 - PARTIES

THIS AGREEMENT is made the 10th of March, Two Thousand Eleven between THE NEWSTRAITS TIMES PRESS (MALAYSIA) BERHAD (4485-H), incorporated in Peninsular Malaysiaand having its registered office at Balai Berita, 31 Jalan Riong, 59100 Kuala Lumpur,(hereinafter referred to as "the Company") of the one part and NATIONAL UNION OFJOURNALISTS, MALAYSIA, a trade union registered under the Trade Union Act. 1959 andhaving its registered office at 30-B, Jalan Padang Belia, 50470 Kuala Lumpur (hereinafterreferred to as "the Union"), representing employees in New Straits Times Sdn Bhd and BeritaHarian Sdn Bhd, of the other part.

ARTICLE 2 - INTERPRETATION

In this Agreement, unless the context otherwise requires:-

"Artist" means a person who is substantially occupied in preparing for publication photographs,

drawings, layouts, maps, plans, diagrams, decorations, letterings, borders, backgrounds, orother similar embellishments, in preparing and drawing illustrations but shall not include acreative artist or cartoonist or cadet artist;

"Cadet Journalist", "Cadet Artist" and "Cadet Photographer" (hereinafter collectively referred toas "Cadets") means respectively a person undergoing training as a journalist, artist andphotographer;

"Company" means The New Straits Times Press (Malaysia) Berhad;

"Creative Artist" means a person who is substantially occupied in producing original drawings ofany kind or in creative art and includes a cartoonist;

"Employee" means a journalist, artist, creative artist, photographer or cadet who is in the regularemployment of the Company on its daily newspapers or other publications;

"Journalist" means a person principally engaged as a reporter, sub-editor, news editor, featurewriter, assistant editor, leader writer or editor or otherwise in journalistic duties;

"Newspapers" means the Company's daily and Sunday newspapers;

"Photographer" means a person who is principally engaged in taking and preparing photographsfor publication;

"Publications" means such of the Company's periodical publications other than newspapers; and

Words importing the masculine gender includes females and words in the singular includes theplural and words in the plural include the singular.

ARTICLE 3 - SCOPE OF AGREEMENT

3.1 This Agreement shall apply to all employees within the scope of the Union'smembership, but shall exclude those in the managerial, executive, confidential andsecurity capacities.

1


2/29

3.2 An employee who is not a member of the Union shall not be employed by the Companyon terms more favourable than those provided for employees herein.

ARTICLE 4 - DURATION, MODIFICATION AND TERMINATION OF AGREEMENT

4.1 This Agreement shall be deemed to have come into effect from 1st November, 2010 andshall continue to remain in force for a period of three years until 31 st October 2013 andthereafter, until superseded by a new agreement or terminated as provided herein.

4.2 During the period of this Agreement, neither the Company or the Union shall seek tovary any of its terms nor shall any demands or claims be made on new terms andconditions of employment, save by mutual agreement, by operation of law or as providedherein and provided that such variation shall take effect and be binding on the partiesonly after being given cognizance by the Industrial Court.

4.3 Any variation to the terms of this Agreement shall be jointly deposited by both parties

with the Industrial Court for its cognizance within one month from date of agreement ofthe said variation. After the Court has given cognizance, such variation shall be bindingon the parties from such date and for such period as may be specified in the variationagreement provided that such period shall not commence earlier than the effective dateof this Agreement.

4.4 Either party may serve on the other three months' written notice to negotiate on newterms and conditions of employment and other related matters but no such notice shallbe served earlier than 1st August 2013. The party that serves the notice shall also submitproposals on terms and conditions of employment for negotiation. In the event of adeadlock in negotiation, the provisions of the current terms and conditions ofemployment shall prevail until superseded by new terms concluded between the parties

or awarded by the Industrial Court.

4.5 This Agreement may be terminated by either party giving three months written notice butsuch notice shall not be served before 1st August 2013.

ARTICLE 5 - CADET JOURNALISTS

5.1 Every cadet journalist shall be paid a monthly salary in a salary scale as provided for inthis Article.

5.2 Every cadet journalist who on his appointment possesses an educational qualification

mentioned in this sub-clause shall be paid a monthly salary in the salary scalementioned opposite that qualification, as follows:

(a) Malaysia Certificate of Education RM1,285 x 60 - 1,405School Certificate/Sijil Pelajaran Malaysia (3steps)

(b) Higher School Certificate/ RM1,425 x 65 - 1,490Sijil Tinggi Persekolahan Malaysia (2 steps)

(c) Intermediate qualification RM1,824(1 step)

(d) Pass Degree of the University RM2,440of Malaya or its equivalent (1step)

2


3/29

(e) Honours Degree of the University RM2,655of Malaya or its equivalent (1 step)

ARTICLE 6 JOURNALISTS

6.1 Every journalist shall be in a grade mentioned in this sub-clause and shall be paid amonthly salary scale mentioned opposite that grade, as follows :-

(a) Special Grade - RM4,800 x 95 - 5,180 (5 steps)or more at the discretion of the Company

(b) Grade A - RM4,090 x 90 4,450 (5 steps)

(c) Grade B - RM3,390 x 85 3,730 (5 steps)

(d) Grade C - RM2,755 x 80 3,075 (5 steps)

(e) Grade D - RM2,170 x 70 - 2,450 (5 steps)

6.2 Any journalist who is employed in any post designated in the sub-clause shall be of thegrade mentioned opposite that designation or any higher grade at the discretion of theCompany.

6.3 The designated posts and grades are as follows :-

(a) Chief Reporter, New Straits Times - Special Grade(b) Chief Reporter, Harian Metro - Special Grade

(c) Chief Reporter, Berita Harian - Special Grade

ARTICLE 7 - CADET PHOTOGRAPHERS

7.1 Every cadet photographer shall be paid a monthly salary in the salary scale as follows :-

(a) Malaysia Certificate of Education RM1,315 x 60 1,435School Certificate/Sijil Pelajaran Malaysia (3 steps)

(b) Higher School Certificate/ RM1,460 x 65 - 1,525Sijil Tinggi Persekolahan Malaysia (2 steps)

(c) Intermediate qualification RM1,855 (1 step)

(d) Pass Degree of the University RM2,505of Malaya or its equivalent (1 step)

(e) Honours Degree of the University RM2,725of Malaya or its equivalent (1 step)

7.2 A cadet photographer shall be appointed at any monthly salary, at the discretion of theCompany, in the salary scale mentioned in this Article.

3


4/29

ARTICLE 8 PHOTOGRAPHERS

Every photographer shall be in a grade mentioned in this Article and shall be paid a monthlysalary in the salary scale mentioned opposite that grade, as follows:

(a) Special Grade - RM3,585 x 90 - 3,855 (4 steps)or more at the discretion of the Company

(b) Grade I - RM3,010 x 80 - 3,250(4 steps)

(c) Grade II - RM2,500 x 75 - 2,725(4 steps)

(d) Grade III - RM1,985 x 70 - 2,195(4 steps)

ARTICLE 9 - CADET ARTISTS & ARTISTS

The provisions of Articles 7 & 8 of this Agreement shall apply to cadet artists and artists as if theword "artists" was substituted for the word "photographers" appearing in those articles.

ARTICLE 10 - MODE OF CONVERSION

The conversion in salaries for all employees shall be on a point-to-point basis from the previoussalary scales to the new salary scales as at 1st November 2010.

ARTICLE 11 - APPOINTMENT & PROMOTION

11.1 Every employee shall be on probation for a period of three months from the date of hisappointment.

11.2 Every employee shall be deemed to be confirmed in his appointment if he has not beennotified within fourteen (14) days after the expiry of the probation period.

Provided that the period of an employee's probation together with any extension thereofshall not exceed six months.

11.3 In filling any posts mentioned in Article 3 and Article 6.3 hereof, the Company shall givefull consideration to the promotion of suitable employees as to their qualifications,experience and merits, always giving due weight to seniority, before considering otherpersons.

11.4 In the event that the duties of a post mentioned in Article 3 and Article 6.3 above havebeen carried out regularly in an acting capacity by any one employee other than a cadet,the Company shall promote an employee to fill such post, except in any case in whichthe Company shows good reasons not to fill such post, and in so filling such post theCompany shall, notwithstanding the provisions of Article 11.1 above, give preference tothe employee who has been acting in such post regularly.

11.5 The selection of an employee or any other person for appointment in the Company; theselection of an employee for promotion and the date of his promotion; the duties of an

4


5/29

employee; and the monthly salary and the grade to which a person or an employee isappointed or promoted shall be within the discretion of the Company.

ARTICLE 12 - CREATIVE ARTIST

The parties shall negotiate on the questions as to whether any employee within the scope of thisAgreement is a Creative Artist and, if he is agreed to be so, on the terms and conditions of hisemployment.

ARTICLE 13 - ANNUAL INCREMENT

On the first day of January in every year while this Agreement is in force, the monthly salary ofevery employee, other than a probationer, who has been paid the same monthly salary in asalary scale continuously for not less than six months immediately preceding the date shall beraised to the next higher monthly salary in the salary scale of the grade in which he is employed

until he has reached the highest monthly salary in the salary scale of that grade.

ARTICLE 14 - ACTING ALLOWANCE

14.1 During the temporary absence from duty of an employee employed in a post designatedin Article 6.3 above or in the post of head of art section, another employee who isrequired by the Company to act in such post for a period exceeding five continuousworking days shall be paid an acting allowance in addition to his monthly salary for thewhole of the continuous period during which he so acts.

14.2 An employee who has acted in place of a person in a post mentioned in Article 3 and

Article 6.3 for twelve continuous' months shall be promoted to the post.

14.3 In the instance an employee is required to be in an acting position, the company shallmake this requirement known in writing.

14.4 The monthly rate of acting allowance, in any case in which the employee carries out thefull duties of the post in which he acts, shall be the amount, if any, by which the lowestmonthly salary in the salary scale of the lowest grade appropriate to the post (or themonthly salary provided for herein for the post) in which he acts exceeds his monthlysalary and, in any case in which the employee carries out part of the duties of the post inwhich he acts, shall be a rate to be agreed between the Company and the Union.

14.5 When an employee is required by the Company to act in place of a person in a postmentioned in Article 3 hereof he shall be paid such acting allowance as may bedetermined by the Company at its discretion.

14.6 For the purpose of this Article, "working day" shall mean a day other than a weekly dayoff duty or holiday to which an employee is entitled hereunder and the continuity ofworking days shall be deemed not to be broken by such weekly day off duty or holiday.

ARTICLE 15 - WORKING HOURS

15.1 All employees shall continue to be given two clear days or in the case of night workerstwo clear nights off duty in each week. The Company shall give reasonable notice to anemployee of any change in his days or nights off duty.

5


6/29

15.2 The Company shall maintain duty rosters covering periods of one month at a time andsuch rosters shall be made on the basis of normal work days each of seven hours or oftwo week periods each of seventy working hours. Such rosters shall be displayed atleast one week before the expiry of the previous roster. As and when possible, theCompany executive should liaise closely with employees before drawing up rosters.

ARTICLE 16 - HOLIDAYS

16.1 Every employee shall be entitled to paid holidays on gazetted public holidays and on anypublic holiday extraordinarily specified under the Holidays Ordinance, 1951 as may fallduring the time that he is employed.

16.2 Provided that if any paid holiday to which an employee is entitled under provisions of thisArticle falls on his day or night off duty, the next following working day shall be paid aholiday in substitution for such paid holiday.

16.3 That three (3) off days in a week shall be granted if there is a public holiday that falls ona Saturday or a Sunday.

16.4 That there shall be three options for how the said replacement could occur:

(a) Include leave in their duty roster.(b) Accumulate leave in their duty roster.(c) Claim overtime at a rate which is to commensurate with public holiday rates as per

Article 18.3 of the NUJ-NST Collective Agreement.

16.5 With reference to point 16.4 (a) above: when the option is to replace the leave via duty

roster, the replacement shall take place within two months from the date of the publicholiday.

ARTICLE 17 - ADDITIONAL WORK

17.1 The Company may, from time to time, in its discretion, offer an employee any additionalwork outside the scope of his contract of service to be carried out for additionalremuneration, and the employee may accept such offer at his discretion.

17.2 In the event that such additional work is carried out regularly by such employee, theCompany or the employee shall give reasonable notice to discontinue such additional

work.

ARTICLE 18 - EXTRA WORK ON HOLIDAYS & DAYS OFF DUTY

18.1 Notwithstanding the provisions of Articles 15 and 16 hereof, an employee may berequired by the Company to work on a holiday.

18.2 An employee who:(a) is required by the Company to work on a holiday, or

(b) at the request of the Company, works on his day or night off duty.

6


7/29

shall be paid an allowance for every day or night on which he so works.

18.3 The allowance for each day's or night's work shall be as stated below or in accordancewith Section 60D(3) of the Employment Act 1955, whichever is the greater:

(a) RM95.00 for a cadet journalist or a cadet photographer or a cadet artist withMCE/SPM/HSC/STPM qualification; *(RM113.00)

(b) RM106.00 for a cadet artist or photographer with Intermediate qualification or foran artist in Grade III or a photographer in Grade III; *(RM126.00)

(c) RM117.00 for a cadet journalist with Intermediate qualification or a journalist inGrade D or an artist in Grade II or a photographer in Grade II; *(RM139.00)

(d) RM128.00 for a cadet journalist or a cadet photographer or a cadet artist withPass Degree qualification or a journalist in Grade C or an artist in Grade I or aphotographer in Grade I; *(RM153.00)

(e) RM133.00 for a cadet journalist or a cadet photographer or a cadet artist with anHonours Degree qualification or a journalist in Grade B or an artist in SpecialGrade or a photographer in Special Grade; *(RM159.00)

(f) RM139.00 for a journalist in Grade A; *(RM167.00)

(g) RM148.00 for a journalist in Special Grade. *(RM177.00)

* Applicable only for work done on public holiday.

ARTICLE 19 - STAFF CORRESPONDENTS

19.1 A staff correspondent, that is a journalist who has accepted appointment as a staffcorrespondent to carry out journalistic duties in specified places or districts other than inthe Company's Head Office, shall be required to carry out his duties six days a weekexcept while on leave of absence explicitly granted after his application.

19.2 A staff correspondent who is required to carry out his duties on his day off duty shall bepaid according to the rates as specified under Article 18.3 above.

19.3 Every staff correspondent shall be paid a staff correspondent's allowance of RM800.00per month for so long as he is appointed as such.

ARTICLE 20 - RACING CORRESPONDENTS

20.1 A racing correspondent, that is a journalist who has accepted appointment as a racingcorrespondent to carry out journalistic duties in the various centres inMalaysia/Singapore where the horse races are held, shall be required to carry out hisduties six days a week except while on leave of absence explicitly granted after hisapplication.

20.2 A racing correspondent who is required to carry out his duties on his day off duty shall bepaid according to the rates specified under Article 18.3 above.

7


8/29

20.3 Every racing correspondent shall be paid a racing correspondent's allowance ofRM650.00 per month for so long as he is appointed as such.

ARTICLE 21 - PAYMENT FOR WORK ON NEWSPAPER SUPPLEMENTS

21.1 In this Article :

"a newspaper supplement" means a portion or section of a newspaper consisting of oneor more pages which portion is compiled and produced on a specific occasion and is nota regular feature of the newspaper;

"an editorial page" of a newspaper supplement means a page which is not whollydevoted to advertisement; and

"the process of sub-editing an editorial page" includes directly or indirectly assigningreporters to write copy; editing the copy; preparing the page layout; copy and headings

for printing; and checking and passing final proofs.

21.2 Any employee who works for and at the request of the Company when he is off duty as asub-editor of an editorial page of a newspaper supplement shall be paid a sum of:

(a) RM101.00 for each such tabloid editorial page, or

(b) RM122.00 for each such broadsheet editorial page,

completely sub-edited by him whether or not the page is eventually published. If aneditorial page is required to be completely remade at any stage in the process of sub-editing it after the page layout has been prepared and the headings have been written,

the said sum shall be increased to:

(a) RM122.00 for a tabloid editorial page, or

(b) RM148.00 for a broadsheet editorial page

21.3 An editorial page shall be deemed to have been completely re-made if the disposition orcontent of stories or articles in its column is changed other than by increasing orreducing their length and to such an extent that the page layout and headings have to bemade afresh.

21.4 In the event that work on an editorial page of a supplement is stopped for any reason

before the employee has completed the process of sub-editing, he shall be paid aproportion of the said sum of:

(a) RM99.00 or RM122.00 for a tabloid editorial page, or

(b) RM122.00 or RM148.00 for a broadsheet editorial page.

as the case may require, according to the stage at which he discontinued the saidprocess.

21.5 In the event that successive stages in the process of sub-editing an editorial page arecarried out by different employees, they shall each be paid a proportion of the said sumof:

8


9/29

(a) RM99.00 or RM122.00 for a tabloid editorial page, or

(b) RM122.00 or RM148.00 for a broadsheet editorial page.

as the case may require, according to the stages at which they entered upon anddiscontinued the said process.

21.6 For the purpose of calculating the proportionate payments referred to in this Article, onehalf of the process of sub-editing an editorial page shall be deemed to have beencompleted when the page layout, copy and headings have been sent for printing.

21.7 Every employee who writes stories or articles when he is off duty for the editorial pagesof newspaper supplements shall be paid at the rates set out in Article 21.4 for each storyor article or part thereof which is written, either:

(a) on the employee's own initiative and is published, or

(b) on assignment, that is to say at the request of the Company, and is acceptable.

21.8 Payments for stories or articles written for the editorial pages of newspaper supplementsshall be at the rate of RM3.75 per column inch of published text subject to theappropriate rate as follows:-

(a) RM100.00 for a story or article published as the lead story on the front page of anewspaper supplement;

(b) RM87.00 for a story or article published as the lead story on any page of anewspaper supplement other than the front page;

(c) RM66.00 for the first acceptable story or article, other than a lead story, out of anumber of stories or articles written on assignment for the editorial pages of anyone newspaper supplement; or

(d) RM53.00 for any other story or article.

21.9 For the purpose of measuring the text of a published story or articles cross headings inthe text shall and headings above the text shall not be measured. For the purpose ofmeasuring the text of an acceptable but unpublished story or article written onassignment, it shall be deemed to have been set in eight point single column matter.

21.10 Any question as to the calculation or apportionment of any sums payable under this

Article or as to whether a story or article is acceptable shall be decided by the Companyat its discretion.

21.11 Work done under the provisions of this Article shall not be compensated for under theprovisions of Article 15 or 18 of this Agreement.

ARTICLE 22 - ANNUAL LEAVE

22.1 Subject to the provisions hereof, every cadet, journalist in Grade C or Grade D and artistand photographer in Grade II or Grade III shall be entitled to 21 working days' annualleave, and journalist in Grade B or above and artist and photographer in Grade I orSpecial Grade shall be entitled to 28 working days' annual leave on full salary for everyperiod of twelve months' continuous employment with the Company. In the event that

9


10/29

an employee's employment with the Company is terminated before the completion ofany such period of twelve months' continuous employment with the Company, he shallbe entitled to annual leave on full salary proportionate to the portion of the said period forwhich he has been employed and Article 22.8 hereof shall be applied.

22.2 Notwithstanding the provisions of Article 22.1 above, an employee shall first becomeentitled to take annual leave after his confirmation (on pro-rate earn leave) have elapsedfrom the date of his appointment and shall thereafter become entitled to take the annualleave to which he is entitled under Article 22.1 above in succeeding calendar years (1stJanuary to 31st December).

22.3 In each calendar year, every employee shall take a minimum of five working days' leavein one continuous period and in no case shall leave be taken in period of less than fivecontinuous working days.

22.4 No continuous period of leave may exceed 60 working days.

22.5 Not more than four periods of leave may be taken in any one calendar year.

22.6 Employees, other than cadets, may accumulate leave from year to year subject to thecondition that leave as stipulated under Section 60E(2) of the Employment Act, 1955must be taken annually, the balance of annual leave may be carried forward from onecalendar year to the next.

22.7 Any entitlement to annual leave not accumulated from year to year under the provisionsof Article 22.6 above shall be forfeited.

22.8 When an employee's employment with the Company is terminated, he shall be paid, inlieu of the grant of any annual leave to which he may be entitled under this Article, a sum

equivalent to the full salary for any period of annual leave which he has not taken and towhich he is so entitled at the date of his employment with the Company is terminated.

22.9 Subject to the provisions hereof, the choice of dates on which an employee may take hisleave shall be within the discretion of the Company but where possible shall be chosenwith regard to the employee's convenience.

22.10 An office bearer of the Union shall, for the purpose of his carrying out his Union duties,be exempted from the provisions of Articles 22.3, 22.4 and 22.5.

22.11 For the purpose of this Article, "working day" shall mean a day other than a weekly dayoff duty or holiday to which an employee is entitled hereunder and the continuity of

working days shall be deemed not to be broken by such weekly day off duty or holiday.

ARTICLE 23 - PILGRIMAGE LEAVE

23.1 Every Muslim employee shall, subject to the Company's approval, be entitled onceduring the course of his employment with the Company after five years' continuousemployment therewith, for the purpose of making a pilgrimage to Mecca, to thirty-five(35) days of pilgrimage leave on full salary.

23.2 An employee who is entitled to pilgrimage under the provisions of Article 23.1 aboveshall be entitled, if he has eight or more years continuous employment with theCompany, to an economy class air passage from Peninsular Malaysia to Jeddah andreturn.

10


11/29

23.3 An employee shall not be entitled to any payment in lieu of any pilgrimage leave to whichhe is entitled and all entitlement to pilgrimage leave shall cease on the day hisemployment with the Company is terminated.

ARTICLE 24 - COMPASSIONATE LEAVE

24.1 An employee shall be granted compassionate leave on full salary for periods inaggregate not exceeding seven days in each calendar year on the occurrence of any ofthe following events:-

(a) IIlness or hospitalisation of any family member of the employee, or

(b) The death of a member of the employees family, or

(c) Confinement of the employees wife, or

(d) Domestic emergencies occuring and affecting the employees family andrequring his personal attendance during his normal period of duties and at thediscretion of the Company.

For the purposes of this Clause, a family member of the employee shall mean spouse,child, father, mother, brother, sister, grandfather, grandmother, father-in-law, mother-in-law or any other persons as agreed to by the Company.

24.2 The employee shall be required to produce evidence to the satisfaction of the Companyupon his return to work to qualify for the above benefits.

24.3 The number of days compassionate leave granted on any one period shall be within the

discretion of the Company but shall not exceed seven days as aforesaid.

24.4 Compassionate leave shall not be accumulated from year to year.

ARTICLE 25 - TIME OFF FOR STUDIES

25.1 The Company shall give sympathetic consideration to the release on no pay leave ofone employee in each year who may be nominated by the Government, the MalaysianTrades Union Congress, International Federation of Journalists or the Union to attend acourse of study or a conference approved by the Ministry of Human Resources.

25.2 The Company will give sympathetic consideration to request for Sabbatical with orwithout pay or partial pay to employees to pursue a study/project of his choice; suchleave may be taken together with annual leave. The Company may grant further leavewith or without pay or partial pay upon request by employees.

ARTICLE 26 - UNION LEAVE

An employee intending to carry out his duties or to exercise his rights as an officer of a tradeunion shall apply in writing to the Company for leave of absence stating the duration of and thepurpose for which such leave is applied for and the Company shall grant the application forleave if the duration of the leave applied for is for a period that is no longer than what isreasonably required for the purpose stated in the application.

11


12/29

Provided that an employee shall not be entitled to leave with pay for the duration of his absenceif the purpose for which he is absent from work are not to represent the members of this tradeunion in relation to industrial matters concerning his Company.

ARTICLE 27 - MEDICAL BENEFITS

27.1 Subject to the provisions hereof, every employee shall, in the event of his injury orsickness, be entitled, at the expense of the Company, to the following medical benefits asnecessary:

(a) consultation with the Company's doctor (who shall be a registered medicalpractitioner or firm of such practitioners appointed by the Company) and withsuch other qualified person, including a registered dental practitioner, as theCompanys doctor may advise;

(b) treatment, including treatment in a Government Hospital or any Private Hospital

appointed by the Company and medicine as may be prescribed by theCompany's doctor or such other qualified person;

Provided that consultation, treatment and hospitalization at the Private Hospitalappointed by the Company is limited to RM5,000.00 per year.

(c) hospital accommodation in a government hospital, for the period prescribed bythe Companys doctor or such other qualified person in a second class or in thecase of a Journalist in Grade C or above, in a first class ward;

(d) treatment with a registered dental practitioner, including extractions, scaling andfillings, as the Company's doctor may advise;

Provided that the Company shall not be liable to bear expenses incurred in respect offillings with precious metals.

the company shall pay the annual premium of RM270.00 per employee under theHospitalization and Surgical Insurance Scheme. The coverage shall be asprovided for by the terms and conditions agreed upon between the Insurer andNUJ;

(e) sick leave on full salary for a period not exceeding in the aggregate:

(i) twenty-eight days in each year if no hospitalisation is necessary; or

(ii) sixty days in each year if hospitalisation is necessary, as may becertified by the Company's doctor.

Provided that if an employee is hospitalised for forty-six days or less in any one year, hisentitlement to sick leave on full salary for that year shall not exceed theaggregate of twenty-eight days plus the number of days on which he ishospitalised.

(f) where hospitalisation is required and where the employee is discharged withmedical leave, such leave shall be treated as hospitalisation leave.

12


13/29

27.2 In the event of an emergency, any nearby registered medical practitioner may, when theCompany's doctor is not available, act in place of the Company's doctor for the purposesmentioned in Article 27.1 (a), (b), (c) and (d) hereof.

Provided that as soon as the Company's doctor becomes available, an employee shallimmediately inform his or cause him to be informed of any medical benefit received froma registered medical practitioner under this Article and shall, at the earliest opportunity,present himself to the Company's doctor for medical examination.

27.3 The Company shall not be liable to bear any expenses incurred in respect of appliances,including medical and surgical appliances, spectacles, dentures and artificial limbs.

27.4 An employee who is entitled under Article 27.1 (b) and (d) hereof to treatment in hospitalaccommodation for any period may instead be entitled to treatment as may beprescribed by the Company's doctor or other qualified person aforesaid in a hospitalother than a Government hospital in a ward of the employee's choice and in this eventthe Company shall reimburse the employee for the costs of treatment in hospital and to

hospital accommodation to an extent not exceeding the costs which the Company wouldhave incurred had the employee been accommodated and treated in accordance withArticle 27.1 (b) and (d) thereof.

27.5 The provisions of this Article shall not apply to an employee whose physical fitness hasbeen the subject of an unfavorable prognosis by the Company's doctor, to the extentagreed as a condition to his employment between the Company and such employees.

ARTICLE 28 - PROLONGED ILLNESS LEAVE

28.1 Every employee who has not less than two years' continuous employment with the

Company shall be entitled, in the event that he contracts a disease such asTuberculosis, Cancer, Leukaemia, Paralysis of a prolonged nature and requiringprolonged treatment which renders him unable to perform his duty, shall uponconfirmation of such illness by the Company's doctor and the appropriate specialist towhom he is referred, to require time, to prolonged illness leave as may be certified to benecessary by the Company's doctor or by such specialist.

28.2 Prolonged illness leave shall not exceed eighteen months as follows:

(a) The first six months - at full salary;

(b) The second six months - at half salary; and

(c) The third six months - without salary.

Provided that the employee has consumed his sick leave / hospitalisation entitlement asprovided under Article 27.1 (e) & (f). And provided further that where a female employeehas consumed her maternity leave under Article 29.

28.3 The provisions of Article 24 hereof and, save as is otherwise provided by part IX of theEmployment Act, 1955, the provisions of Article 27 hereof shall not apply to an employeewhile he is on prolonged illness leave.

28.4 The provisions of this Article shall not apply to an employee whose physical fitness hasbeen the subject of an unfavorable prognosis by the Company's doctor, to the extentagreed as a condition to his employment between the Company and such employee.

13


14/29

ARTICLE 29 - MATERNITY LEAVE & BENEFITS

29.1 Every female employee shall be entitled to maternity leave on full salary for a period notexceeding sixty consecutive days.

29.2 The qualifications and other matters pertaining to the above benefits, such as notice tothe Company, shall be governed by the provisions of Part IX of the Employment Act1955.

29.3 The Company shall bear the expenses of a female employee for pre-natal, deliveryincluding caesarian section and post-natal care, subject to the following conditions:

(a) Female employees with a minimum of three continuous years of service shall beentitled;

(b) The entitlement shall be limited to five deliveries only;

(i) Employees shall be entitled to RM1,350.00 for normal delivery orRM2,850.00 for caesarean section in private hospitals. The Company shallfully bear deliveries in government hospital; and

(j) Every employee is entitled to RM50.00 per pre/post natal visit.

ARTICLE 30 - MARRIAGE LEAVE

An employee shall be entitled once during the course of his employment with the Company afterthree years continuous employment therewith to five working days' marriage leave.

ARTICLE 31 - TRANSPORT ALLOWANCE

31.1 Every employee who is required to travel regularly on Company's business, and noothers, shall be entitled to receive a fixed transport allowance as full compensation for allclaims in respect of such travel within a radius of sixteen (16) road kilometres of hisoffice and the said fixed transport allowance shall be paid while the employee is on sickleave not longer than one month or annual leave not longer than one month.

31.2 The rate of transport allowance shall be:-

(a) RM750.00 per month for an employee who is in possession of a motor car and is

utilising it on Company's business; or

(b) RM570.00 per month for any other entitled employee.

31.3 For journeys on duty beyond the sixteen road kilometres radius aforesaid an employeeshall be paid at the rate of RM0.55 for each kilometre actually travelled by the employeein his own car from the office, or at the rate of RM0.45 for each kilometre actuallytravelled using a motorcycle or scooter from the office, or shall, if required to travel byany other mode of conveyance, be reimbursed the reasonable expenses actuallyincurred by him.

31.4 The Company shall reimburse an employee all parking and toll expenses incurred whileon Company duty.

14


15/29

ARTICLE 32 - TRAVELLING AND MEAL EXPENSES

32.1 The Company shall reimburse an employee when he is required to travel withinPeninsular Malaysia on Company's business away from his home station, as follows:-

(a) reasonable expenses actually incurred for accommodation;

(b) RM60.00 for all meals in a day or, if the employee lodges in a hotel whichprovides board, at the table d'hote rate for resident guests if this is greater thanRM60.00 per day;

(c) RM50.00 per day for those unable to obtain hotel accommodation;

(d) reasonable laundry charges actually incurred when an employee remains awayfrom his home station for not less than two days.

32.2 For the purpose of Article 32.1 above, a "day" means a working day of seven hours,

provided that any claim shall not exceed RM65.00 for a period of 24 hours; any portionof a day shall be calculated proportionately to seven hours.

32.3 The Company shall give sympathetic consideration to the reimbursement of reasonableexpenses incurred by an employee on refreshments on an occasion when he is obligedexceptionally to work for a long period beyond his customary time of concluding work.

32.4 In the case of an employee sent to Sabah and Sarawak on Company's business, heshall be entitled to claim from the Company as follows:-

(a) reasonable expenses actually incurred for hotel accommodation;

(b) an allowance of RM70.00 per day as subsistence allowance, exclusive oftravelling expenses;

(c) reasonable laundry charges and transfers actually incurred with official receipts,where applicable.

32.5 For the purpose of this Article, "away from home station" means 32 road kilometersaway from his home station.

ARTICLE 33 SUB-EDITORS ALLOWANCE

Every sub-editor shall be paid a sub-editors allowance of RM415.00 per month for so long ashe is appointed as such.

ARTICLE 34 - BOOK ALLOWANCE

The Company shall reimburse up to a maximum of RM120.00 per month for each employee forthe purchase of reading and reference materials.

15


16/29

ARTICLE 35 - FORMAL DRESS

The Company shall reimburse an employee a maximum sum of RM500.00 for the cost of anyformal dress or special costume required to be worn by such employee in the discharge of hisduties, and for the purchase of which the prior approval of the Company has been obtained.

ARTICLE 36 - FESTIVAL ADVANCE

36.1 The Company shall grant:

(a) to each Muslim employee not less than seven days before Hari Raya Puasa;

(b) to each Hindu employee not less than seven days before Deepavali.

(c) to each Chinese employee not less than seven days before Chinese New Yearand;

(d) to each Christian employee who is not Chinese not less than seven days beforeEaster Sunday;

and advance amounting to one-third of his monthly salary.

36.2 The said advance shall be recovered by the Company from the employee in four equalmonthly instalments, the first instalment at the end of the month next following the monthin which the advance is paid and the remaining instalments at the end of the followingthree months.

36.3 The Company may vary the said advance and each of the said instalments to the extent

of one ringgit in respect of any employee for the purpose of facilitating the keeping ofaccounts.

ARTICLE 37 - DEFERRED SALARY

37.1 Subject to the provisions of this Article, every employee, other than an employee onprobation, shall be paid a deferred salary payment of twice his monthly salary, asdefined in Article 37.3 herein, in respect of his continuous employment with theCompany during the whole of every calendar year, 1st January to 31st December, or,where an employee is employed by the Company for a portion of a calendar year, adeferred salary payment proportionate to that portion in respect of his employment with

the Company during that calendar year.

37.2 An employee on probation shall not be paid deferred salary payment unless he isconfirmed in the Company's employment, in which event he shall be paid a deferredsalary payment under this Article.

37.3 For the purpose of calculating deferred salary payments:

(a) an employee's monthly salary shall be his monthly salary as at 31st December ofthe calendar year in respect of which the payment is made or, in the case of anemployee whose employment with the Company is terminated, his monthlysalary as at the date his employment with the Company is terminated. Providedthat the monthly salary of an employee who, on 31st December in any calendaryear, is absent without salary (whether or not leave of absence has been

16


17/29

granted), shall be his monthly salary immediately before the commencement ofsuch absence.

(b) In the case of an employee who has been confirmed in the employment of theCompany, employment on probation in any calendar year shall be reckoned asemployment in that calendar year;

(c) any period of an employee's absence from work without salary (whether or notleave of absence has been granted) in any calendar year shall be deducted fromthe period of his employment with the Company during that calendar year.

37.4 The deferred salary payment for employment in any calendar year shall be paid:-

(a) to an employee who will be in the employment of the Company on 31stDecember in that calendar year other than as an employee on probation, on orabout the 20th December in that calendar year;

(b) to an employee whose employment with the Company is terminated other thanas an employee on probation, as soon as may be after his employment with theCompany is terminated.

(c) to an employee who is in the employment of the Company on 31st December inthat calendar year as an employee on probation and who is subsequentlyconfirmed in the employment of the Company, on or about the 20th December inthe next following calendar year or, if his employment with the Company is earlierterminated, as soon as may be after his employment with the Company isterminated.

ARTICLE 38 - TRANSFERS

38.1 The Company may, in its discretion, from time to time, assign, reassign or transfer anemployee to work in consistent with this contract of service or with any variation thereofagreed before such assignment, reassignment or transfer between the Company andthe employee. When an employee's contract of service is silent or ambiguous on theextent to which he may be assigned, reassigned or transferred, it shall be deemed topermit from time to time his assignment, reassignment or transfer to work on theCompany's publications within Malaysia.

38.1(a)The company shall give a confirmation notice of two weeks before an employee isreassigned or transferred.

38.2 The Company shall give sympathetic consideration to an appeal on grounds of hardshipby an employee against his transfer.

38.3 The Company shall reimburse an employee, where the prior agreement of the Companyto such reimbursement has been obtained, for reasonable expenses incurred on transferfrom one town to another and the employee shall be granted time off duty which shallnot exceed seven days for the purpose of finding accommodation in the town to whichhe is transferred.

38.4 An employee who is transferred by the Company to a different town or city and requiringa change of residence, shall be paid a sum of RM800.00 subject to proof of any receiptor documentary evidence acceptable to the Company to show that he has changed hisplace of residence due to the transfer.

17


18/29

Provided that in the case of a married employee who is accompanied by his wife andunmarried dependent children on his transfer shall be paid a further sum as follows:-

(a) Wife RM200.00

(b) Children

(i) 7 years and above RM200.00 per child, and

(ii) below 7 years RM150.00 per child

And provided further that the total amount payable under Article 38.4 shall not exceedRM1,800.00.

38.5 In the event that an employee is transferred from Peninsular Malaysia to Sabah andSarawak and vice versa, the Company shall, in addition to the allowances payable underArticle 38.4 above pay:

(a) the cost of air fare for the employee, his spouse and children to travel to his newplace of work by the most direct route; and

(b) the actual cost of shipping his household goods to his new station.

ARTICLE 39 - LAWFUL INSTRUCTIONS OF THE COMPANY

Every employee shall be under an obligation to carry out all lawful and proper instructions of theCompany and in giving of lawful and proper instructions to an employee, the Company isnormally not under an obligation to assign reasons thereof, save in special circumstances.

ARTICLE 40 - RIGHTS OF EMPLOYEES

The Company shall be under an obligation to respect the rights of employees to the extentprovided by law for the time being in force in Peninsular Malaysia, to organise, join andparticipate in all the activities of a registered trade union.

ARTICLE 41 - TERMINATION OF EMPLOYMENT

41.1 Except as otherwise provided herein, the employment of an employee may be

terminated by the Company or by the employee by giving, in the case of:

(a) journalist in Grades C and D, artists and photographers in Grades II and III andcadets, one month's notice in writing;

(b) journalist in Grades A and B and artists and photographers in Grade I and inSpecial Grade, two month's notice in writing; and

(c) journalist in Special Grade, three month's notice in writing,

exclusive of any period of annual leave to which the employee may be entitled, or suchshorter notice as may be agreed between the Company and the employee, or salary inlieu of such notice as may be required.

18


19/29

41.2 Article 41.1 above shall not apply to any employee employed by the Company under acontract of service which provides longer period of notice than provided for in this sub-clause.

41.3 The employment of an employee may be terminated with immediate notice by theCompany or by the employee during the employee's period of probation.

ARTICLE 42 - DISMISSALS

Dismissals of employees and the procedures thereof shall be governed by the laws for the timebeing in force.

ARTICLE 43 - RETIREMENT & RETIREMENT BENEFITS

43.1 An employee shall retire on attaining the age of 55 years.

43.2 An employee, upon his becoming eligible under the Rules of The Straits Times PressRetirement Benefit Scheme in Malaysia set out in Appendix 'A' hereto, shall participatein the said Scheme and shall, subject to the Rules thereto, be entitled to the benefitsthereof in respect of his employment after 31st December, 1970 and, in the case of anemployee who was in employment on probation immediately before 1st January, 1971 inrespect of his employment on probation.

43.3 An employee shall cease, from 1st January, 1971, to have any right or liability to remainor become a member of The Straits Times Press Staff Provident Fund, be entitled to anybenefits thereof accrued to him in respect of his employment after 31st December, 1970.

43.4 An employee who was in employment of the Company on 31st December, 1965, shallsubject to the provisions of Appendix 'B' hereto, be entitled to the benefits provided for inthat Appendix in respect of his employment up to 31st December, 1965.

ARTICLE 44 - RETRENCHMENT

44.1 Notwithstanding the provisions of Article 41 hereof, the Company may terminate theemployment of an employee by reasons of redundancy or by reason of reorganisation ofthe Company's profession, business, trade or work.

44.2 In the event of termination of employment of an employee under Article 44.1 above, the

Company shall give such notice or salary in lieu of such notice as if provided for inSection 12 of the Employment Act, 1955.

44.3 The termination/lay-off benefits shall be as follows:

(a) Employees with less than three (3) years' continuous employment - Three-quarter (3/4) month's last drawn salary per year of service or part thereof;

(b) Employees with three (3) but less than five (5) years' continuous employment -One (1) month's last drawn salary per year of service or part thereof;

(c) Employees with more than five (5) years' continuous employment - One and ahalf (1 1/2) month's last drawn salary per year of service or part thereof;

19


20/29

44.4 Where an employee's employment is terminated by reason of redundancy, the Companyagrees in principle, all things being equal, to select an employee for retrenchment on thebasis of "Last in, First out", by function except where, after consideration in the opinionof the Company, an employee who might otherwise be retrenched is better qualified tomeet the Company's requirements.

ARTICLE 45 - EMPLOYEES' GRIEVANCES

45.1 An employee, who is aggrieved by any action of the Company, may complain orally or inwriting to his superior stating the nature of his grievance and seeking redress.

45.2 If after the employee has complained under Article 45.1 above and the employee'ssuperior fails within a reasonable period either to act upon such complaint or to provide aremedy to the satisfaction of the employee, the employee may appeal to his head ofdepartment or, in the event that he complained under Article 45.1 above to his head ofdepartment, he may request his head of department to reconsider his complaint, and in

either case he may, where his appeal or request is oral, be accompanied by a memberof the Union, being an employee, nominated by the Union.

45.3 If after the employee has appealed or requested reconsideration under Article 45.2 theemployee's head of department fails within a reasonable period either to act upon suchappeal or request or to provide a remedy to the satisfaction of the Union and the Unionmay then represent the employee's complaint to the Company under Article 46 hereof.

45.4 At any proceedings in which the Union represents the employee's complaint underArticle 45.3 above, the Company or the Union may require the employee to be present inperson.

45.5 Any grievance of an employee shall be considered null and void after one month haselapsed from the date:

(a) on which it arose, should no action have been taken by the employee tocomplain under Article 45.1 above; or

(b) on which the employee complained under Article 45.1 above should no actionhave been taken by the Union to proceed under Article 45.3 above.

45.6 The parties hereto agree that an employee's grievance should be settled at the lowestlevel appropriate to the grievance.

45.7 Subject to the provisions of Article 45.6 above, an employee who is aggrieved by anyaction of the Company (including any action by another employee of the Company) isgiven discretion in choosing the person to whom he may complain.

45.8 Any officer of the Newspaper Editorial Department appointed by the head of thedepartment for all or any of the purposes of this Article may act in place of the head ofthe department for the purposes for which he is appointed.

ARTICLE 46 - CODE OF CONDUCT FOR INDUSTRIAL HARMONY AND CODE OFPRACTICE ON THE PREVENTION AND ERADICATION OF SEXUAL HARRASMENT

The Company shall adhere to the Code of Conduct for Industrial Harmony and the Code ofPractice on the Prevention and Eradication of Sexual Harassment in the workplace.

20


21/29

ARTICLE 47 - JOINT CONSULTATIVE COMMITTEE

47.1 There shall be a Joint Consultative Committee composed, at any meeting thereof, of notmore than five representatives of the Company appointed for that meeting by theCompany and not more than five representatives of the Union appointed for that meetingby the Union.

47.2 The functions of the Joint Consultative Committee shall be:

(a) to consider matters of common concern to the parties hereto, including theoperation of the Agreement, the terms and conditions of employment ofemployees, complaints by employees against the Company and complaints bythe parties hereto against each other and to consider suggestions by the partieshereto and by employees; and

(b) to attempt to reach agreement between the parties on the said matters.

47.3 Either party may request a meeting of the Joint Consultative Committee by giving to theother not less than seven clear days' notice thereof in writing or such shorter notice asmay be agreed between the parties and a meeting shall be held accordingly.

47.4 No matter shall be discussed at a meeting of the Joint Consultative Committee unlessthe party wishing to raise the matter has given to the other not less than two clear days'notice in writing thereof or such shorter notice as may be agreed between the parties.

47.5 Any agreement reached on a matter between the parties hereto shall not be invalidmerely by reason that such agreement was reached outside the operation of this Article.

47.6 A meeting of the Joint Consultative Committee shall be held at least once in three

months.

ARTICLE 48 - VIDEO DISPLAY TERMINAL

48.1 Employees using Video Display Terminals to perform and/or edit journalists' materials,whether linked to computers or not, are required to go for eye examinations by anophthalmologist at regular intervals of twelve months or at such intervals as and whenproblems develop. The cost of such eye examinations shall be borne by the Company.

48.2 In the event that, after the eye examinations, an employee is recommended to wearspectacles for the first time, the Company shall pay the costs of such spectacles, subject

to a maximum of RM270.00. If an employee is already be spectacled and isrecommended to change his lenses, the Company shall pay the cost of such lensessubject to a maximum ofRM145.00.

ARTICLE 49 ENTERTAINMENT EXPENSES

49.1 The Company shall reimburse reasonable entertainment expenses incurred with theprior approval of the Company on each occasion of such entertainment by an employeein the course of his duty.

49.2 Where an employee incurs, without the prior approval of the Company, reasonableentertainment expenses in circumstance which preclude him from obtaining such prior

21


22/29

approval, the Company shall give sympathetic consideration to a claim by the employeefor reimbursement.

ARTICLE 50 LEGAL PROTECTION

The Company shall provide legal assistance to employees in need of bringing/or defending anycourt action arising from their professional duties.

ARTICLE 51 INSURANCE COVERAGE

51.1 The Company shall provide Group Term Life Insurance coverage amounting to anequivalent of 48 months of the employee's basic monthly salary effective September 1,1993 and shall pay 50 per cent of the premium; and

51.2 The employee shall, by way of salary deduction contribute the remaining 50 per cent of

the premium cost for the above Group Term Life Insurance coverage.

51.3 In the event that an employee is required to discharge his duties under conditions ofarmed conflict, riot and civil commotion, the Company shall take out an additionalpersonal accident insurance coverage for him.

ARTICLE 52 - SETTLEMENT OF DISPUTES

52.1 Any dispute, including a trade dispute as defined in the Industrial Relations Act, 1967 orother law for the time being in force between the Company and the Union or personsbound by this Agreement while it is in force, whether or not arising out of the operation

hereof, shall be discussed by the parties hereto under Article 47 hereof at a meeting ofthe Joint Consultative Committee with a view to reaching a settlement of such disputebefore either party takes any other action whatsoever.

52.2 In the event of the parties being unable to reach a settlement of any dispute underArticle 52.1 above, the dispute may, if it arose out of the operation hereof, or shall, if itarose otherwise, be referred to the Ministry of Human Resources under Section 18(1) ofthe Industrial Relations Act, 1967 for the purpose of effecting a settlement of the disputeby conciliation before either party takes any action whatsoever other than a resumptionof discussions under Article 52.1 above.

52.3 Any dispute relating to the interpretation or implementation of this Agreement shall,

unless settled by negotiations between the Company and the Union, be referred to theIndustrial Court in accordance with the provisions of the Industrial Relations Act, 1967.

ARTICLE 53 - FULL SETTLEMENT

53.1 This Agreement shall be a full settlement of the said claims made by the Union and ofthe matters within the scope hereof and while this Agreement is in force, neither partyshall make any claim on the other on any matter within the scope of the said claim madeby the Union or seek to change this Agreement.

53.2 In the event the Company, by any Act of Parliament, Enactment, regulation or otherwise,is compelled after the date of execution hereof:

22


23/29

(a) to provide for or pay to any class of employees and benefit of a nature within thescope hereof or under a social security scheme, which benefit the Company isnot so compelled on the date of the execution hereof to provide or pay; or

(b) to increase any benefit of a nature within the scope hereof or under a socialsecurity scheme, which benefit the Company is so compelled on the date ofexecution hereof to provide or pay,

either party may claim on the other to revise such part hereof as may be related to suchbenefits.

23


24/29

IN WITNESS whereof the parties hereto have hereunto set their hands on the day and year firsthereinbefore written.

Signed on behalf ofThe New Straits Times Press (Malaysia)Berhad

Signed on behalf ofNational Union of Journalists,Malaysia

Dato Anthony BujangChief Executive Officer

V. Anbalagan a/l VeerasamyGeneral Secretary, NUJ

Dato' Zainul Arifin Mohammed IsaGroup Managing Editor

Aniza DamisBranch Chairman, NUJ-NST

In the presence of

Badariah Abd Jalil

Director of Human Capital

Tan Wan Peng

Branch Secretary, NUJ-NST

Shamsiah SaninBranch Treasurer, NUJ-NST

24


25/29

APPENDIX 'A'(Article 43)

RULES OF THE STRAITS TIMES PRESSRETIREMENT BENEFIT SCHEME IN MALAYSIA

1. A scheme to be known as "The Straits Times Press Retirement Benefit Scheme inMalaysia" (hereinafter referred to as "the Scheme") shall have effect from 1st January,1971 and shall be operated in accordance with these Rules.

2. Participation in the Scheme shall be confined to eligible persons, that is to say personswho; after the 31st day of December, 1970, are in the regular employment in Malaysia ofthe Company and who are eligible to be members of the Employees Provident Fund inMalaysia and who either -

(a) are employed as apprentices or cadets or otherwise for a period of tutelage andhave been employed for one-half of the maximum period normally assigned to

such tutelage; or

(b) not being employed as in sub-rule (a) of this Rule have been confirmed in theCompany's employment.

3. A person shall become a participant in the Scheme from the day on which he fulfills theconditions of eligibility prescribed in Rule 2 and has under the terms of his employment aright or a liability in the Scheme.

4. A person shall cease to be a participant in the Scheme from the day on which he:

(a) ceases to fulfil the conditions of eligibility prescribed in Rule 2; or

(b) ceases under his terms of employment to have a right or a liability to participatein the Scheme; or

(c) becomes a member or participant of any other scheme or of any provident fundestablished by the Company for the provisions of benefits for its employees inrespect of their employment;

whichever is earliest.

5. (1) Subject to the law being in force, the Company shall pay to the EmployeesProvident Fund on behalf of each participant for each month or part of a month

during the period of his participation:

(a) any contribution not recoverable from him which the Company is liableunder the said law to pay to the said Fund on his behalf in respect of hissalary for such month or part of month; and

(b) an additional contribution amounting to seven per centum of his salarypayable by the Company for such month or part of a month.

(2) Subject to the law for the time being in force, in the case of a person whobecomes a participant under the conditions mentioned in sub-rule 2(b) on theconclusion of a period in the regular employment of the Company on probation ofthe Company shall, as soon as it becomes practical after his becoming a

25


26/29

participant, pay to the Employees Provident Fund on his behalf a singlecompany's additional contribution which shall consist of:

(a) any contributions not recoverable from him which the Company hasbeen liable under the said law to pay to the said Fund on his behalf inrespect of his salary for the said period during which he was in regularemployment of the Company on probation; and

(b) an additional contribution amounting to seven per centum of his salarypayable by the Company for the said period.

6. The Company may require a participant to furnish such information in such form by suchtime and to carry out such acts by such time as are, in its opinion, necessary for theproper administration of the Scheme.

7. A participant in the Scheme shall be subject to these Rules and to all amendmentsthereof and to the requirements mentioned in Rule 6 and may be suspended by the

Company from participation in the Scheme for any period during which he fails to complywith these Rules or with the said requirement.

8. For the purpose of these Rules -

(a) "the Company" means The New Straits Times Press (Malaysia) Berhad;

(b) "salary" for a month means the amount described as monthly salary or salary permonth in any written collective agreement or contract of service to which theCompany is a party and shall not include any allowances of any naturewhatsoever, deferred salaries, commissions, overtime or other payments exceptsuch as have been specifically approved by the Company for inclusion in salary

for the purposes of the Scheme, and salary for part of a month or for a periodshall mean the proportion of the salary for a month which is payable for such partof a month or for such period; and

(c) "additional contribution" payable by the Company means any contributionpayable by the Company to the Employees Provident Fund or to the CentralProvident Fund on behalf of a participant and not recoverable from him and is inexcess of the contribution which the Company is liable under the law for the timebeing in force to pay.

26


27/29

APPENDIX 'B'(Article 43)

GRATUITIES FOR EMPLOYMENT UP TO THE31ST DAY OF DECEMBER, 1965

1. In the event that an employee, having completed five years' continuous employment withthe Company, shall cease to be in employment with the Company by reason of:

(a) his retirement on or after reaching the age of fifty-five years;

(b) his physical or mental incapacity to continue in such employment, whichincapacity is likely to be permanent and has been so certified by two medicalpractitioners of whom one shall be the Company's doctor;

(c) his death; or

(d) the termination of his employment by the Company otherwise than for a breachof the terms of his contract of service and otherwise than for the reasonsmentioned in sub-paragraphs (a) and (b) of this paragraph;

the Company shall, within one month of the employee so ceasing to be employed, paygratuity to the employee or, as the case may be, to the employee's legal personalrepresentatives.

2. In the event that an employee having completed ten years' continuous employment withthe Company shall cease to be in such employment by reason of the employee'svoluntary resignation, the Company shall, within one month of the employee so ceasingto be employed, pay a gratuity:

(a) to the employee, if he proves to the satisfaction of the Company that he is aboutto leave Malaysia and Singapore permanently with no intention of returningthereto;

(b) on behalf of such employee, to the Employees Provident Fund or to suchprovident fund as may be agreed between the Company and the employee inother case.

3. (1) The amount of the gratuity to be paid by the Company when an employeeceases to be employed in any of the circumstances mentioned in paragraphs 1and 2 of this Schedule shall be one-twentieth of the aggregate salary actually

received by the employee in respect of any reckonable part of his continuousemployment with the Company reduced by any excess amount contributed bythe Company on behalf of the employee to the Employees Provident Fund inrespect of such reckonable part.

(2) For the purpose of this paragraph, that part on an employee's continuousemployment with the Company shall be reckonable which:

(a) was after the 30th day of June, 1958 and extended up to and includingthe 31st day of December, 1965; and

(b) was after the 30th day of June, 1948 and extended up to and includingthe 30th day of June, 1958, so, however, the employment before the 1stday of July, 1958 shall be reckonable (restrospectively from the 30th day

27


28/29

of June, 1958) only for the number of months by which the employee'sage in completed months on the 1st day of August, 1965 exceeds forty-five times twelve during which months the employee was not a member ofany provident fund established by the Company for the benefit ofemployee.

4. For the purpose of this schedule:

(a) "the Company" means The New Straits Times Press (Malaysia) Berhad;

(b) "any provident fund established by the Company for the benefit ofemployees" includes The New Straits Times Press Provident Fund, TheStraits Times Press Limited Subordinate Staff Provident Fund and theMalay Mail Press Company Limited Superannuation Fund;

(c) "salary" means monthly salary and in addition shall include cost of livingallowance received by an employee in respect of employment before 1st

January, 1960 but shall not include any transport or other allowanceunless such transport or other allowance has been specifically approvedby the Company for the purposes of calculating gratuity;

(d) "excess amount" means any amount contributed by the Company to theEmployees Provident Fund in excess of the contribution required to bemade under the Employees Provident Fund Ordinance, 1951 or to theCentral Provident Fund in excess of the contribution required to be madeunder the Central Provident Fund Ordinance on behalf of an employeeand not recoverable from him, as a result of an option exercised by theemployee under the terms of winding up of any provident fundestablished by the Company for the benefits of the employee;

(e) Continuous employment shall not include:

(i) employment as an apprentice or otherwise for a period of tutelageto the extent of one-half of the maximum period normally assignedto such tutelage;

(ii) employment before the 1st day of January, 1957 with anyemployer to which the Caxton Press (1957) Limited wassuccessor;

(f) subject to the provisions of sub-paragraph (a) of this paragraph,

continuous employment shall include employment in a probationarycapacity.

28


29/29

APPENDIX 'C'

EXCHANGE OF LETTERS BETWEENTHE COMPANY AND THE UNION

This letter is to place on record the understanding reached between representatives of theManagement and representatives of your union on the subject of extra work carried out byjournalists, artists, creative artists, photographers and cadets on normal working days.

The understanding is that, if any journalists, artists, creative artists, photographers or cadetswho is an employee within the meaning of The New Straits Times Press (Malaysia) Berhad -National Union of Journalist, Malaysia Agreement of 1998, carries out extra work as requestedby the Company.

(i) which requires him to work up to the eleventh hour (i.e. after completion of ten hours ofduty) of his commencing a normal working day, he shall be paid an allowance for everyday he so works. The rate of allowance for every day he so works shall be one half the

appropriate rate set out for a full day's extra work;

(ii) which requires him to work up to the thirteenth hour (i.e. on completion of twelve hoursof duty) from the time of his commencing a normal working day he shall be paid anallowance for every day on which he so works. The rate of allowance for every day heso works shall be the appropriate rate set out for a full day's extra work.

The rate of allowance for every day on which he so works shall be the appropriate rate set outunder Article 18 for Extra Work on Holidays and Days Off Duty.

It is also understood that no employee will be retained at work after his normal day's duty iscompleted unless such arrangement is necessary for the proper carrying out of the Company's

business.

Payments as above will be paid on and after the day on which the above mentioned Agreementis made as they arise in respect of work carried out on or after 1st November, 1998.

For the purpose of this understanding, extra work means work including stand-by dutiesassigned by the Company to an employee who, working at the normal pace, is required toremain at work up to the eleventh hour from time of his commencing a normal working day.

Final Draft NUJ-NSTP2010-2013(28.4.2011)

Documents