collective bargaining and collective agreement -pn

8/7/2019 Collective Bargaining and Collective Agreement -Pn

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COLLECTIVE BARGAINING AND

COLLECTIVE AGREEMENT

DEFINITION OF COLLECTIVE BARGAINING

Collective Bargaining (CB) is said to be the most

effective means of ensuring harmonious

industrial relations.

Collective Agreement (CA) is said to be thesymbol or the proof of the harmonious industrial

relations between employer and employee trade

union.

Collective Bargaining is defined in IR Act as a

process of negotiating with a view to the

conclusion of a collective agreement.

Collective bargaining is a process whereby a

trade union negotiates with an employer or

association of employers over the terms and

conditions of service of employees.

Collective Bargaining can only be undertaken by

a trade union with an employer or employers

trade union.


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In collective bargaining an employer can stand

on its own but workers will have no status if they

are not unionized.

PROCEDURE FOR COLLECTIVE BARGAINING

Once the workmens union has been accordedgeneral recognition, either party may, at any

time invite the other party to commence

collective bargaining.

The invitation must be made in writing and set

forth the proposal for a collective agreement.

The reply for the invitation must be within 14

days of its receipt in writing.

CB must commence within 30 days of the receipt

of acceptance.

If an invitation has been made and:

It has not been accepted within 14 days, or

refused; or


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It has been accepted but bargaining has not

commenced within 30 days of receipt of

acceptance

the inviter may file a written report to the

Director General of Industrial Relations.

DEFINITION OF COLLECTIVE AGREEMENT

Collective Agreement is defined as an

agreement in writing, concluded between an

employer or employers trade union on the one

hand, and a workmens union on the other;

relating to the terms and conditions of

employment and work of workmen, or

concerning relations between the employer and

employees.

A collective agreement is the outcome of

collective bargaining.

Scope:


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Collective agreements cover ALL employees

in the company concerned who are eligible

to join the union.

Duration:

A minimum of 3 years.

Contents:

Terms and conditions of the employment of

the workers concerned

Special provisions/facilities for trade union

PROCEDURE AND CONTENTS OF COLLECTIVE

AGREEMENT

Every CA must be in writing and signed by both

parties to the agreement or by persons

authorized to sign on their behalf.

It must be deposited (10 copies) with the

Registrar of the Industrial Court within 10 days

of the signing of the agreement.


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It must specify the terms and conditions of

employment such as salary scales, bonus

payment, overtime rates, retrenchment benefits,

retirement benefits, holidays, leave benefits,medical benefits, mileage allowance, and many

others.

It must also:

Specify the names of the parties to the

agreement;

Specify the period for which the agreement

is to be effective which cannot be less than 3

years;

Prescribe the procedure for modification or

termination of the agreement;

Prescribe the procedure for settling any

question over the interpretation or the

implementation of the agreement;

collective bargaining and collective agreement -pn

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