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CHAPTER 7: COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENT, Negotiation…
CHAPTER 7: COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENT
Collective Bargaining
Collective Bargaining Objectives
Protect employees welfare
Improve wages and conditions of works
Avoid any unilateral decisions
Collective Bargaining Strength
Registered union
Union recognised by employer
Members united
Adequate financial strength
Collective Agreement
Content of Collective Agreement
Prescribed the procedure for settling any question
Not contain any term of employment that less favourable or contradict with the provisions of any law
Specify the name of the parties to the agreement
Procedure of modification and termination
Specify the duration (>3 years)
Collective Agreement Requirement
Must be in writing and signed by the parties or persons authorized on their behalf
A signed copy of CA must be sent to the Registrar within one month from the date of the agreement formed
Cognizance
The court may amend the agreement in the manner directed
The court may refuse to take cognizance of CA if it contradict with S.14 of IRA
An agreement in writing concluded the collective bargaining
Effective negotiators
Strong communication skills
Patient and don't lose their cool
Knowledgeable in employment law
Physically fit
Negotiation with a view to reach a collective agreement
Process
TU submits a writing CA proposal
Bargaining session start within 30 days if organisation agree
Union inform DGIR for conciliation if employer refuse to negotiate
Employer reply within 14 days
Meet for few sessions if employer agree - acceptable compromise reached
Agreement signed by both party