UNIVERSITY OF LUSAKA SCHOOL OF LAW UNIT 7:

Transcript:UNIVERSITY OF LUSAKA SCHOOL OF LAW UNIT 7::
UNIVERSITY OF LUSAKA SCHOOL OF LAW UNIT 7: COLLECTIVE EMPLOYMENT AND INDUSTRIAL RELATIONS Definition of Collective Bargaining Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements which regulate working conditions. Collective agreements usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms and rights to participate in workplace or company affairs. Definition of Collective Bargaining The union may negotiate with a single employer (who is typically representing a company's shareholders) or may negotiate with a group of businesses, depending on the country, to reach an industry wide agreement. A collective agreement functions as a labour contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and employers (generally represented by management, in some countries by an employers' organization) in respect of the terms and conditions of employment of employees, such as wages, hours of work, working conditions and grievance-procedures, and about the rights and responsibilities of trade unions. The parties often refer to the result of the negotiation as a collective bargaining agreement Typically, the employees are represented by a trade union. Collective bargaining actually begins with: 1. joining a union; 2. agreeing to abide by the rules of the union; and 3. electing union representatives. Thus, in general, experienced people from the union will assist the employees with putting together a draft of a contract, and will help them present their desires to the company. Numerous meetings between representatives of employer and employees will be held until the two can agree on a contract. Commencement of collective bargaining Commencement of collective bargaining As the contract is being negotiated, general employees also have input on it, through their union officers. Thus, the agreement reflects the combined desires of all the employees, along with limitations that the employer wishes to see put in place. The result is a powerful document which usually reflects cooperative effort. In some cases, however, the union or the employer may resort to antagonistic tactics such as striking or creating a lockout, in order to push the agreement through. Legal support for collective bargaining The right to collectively bargain is recognized through international human rights conventions. Article 23 of the Universal Declaration of Human Rights identifies the ability to organize trade unions as a fundamental human right. Item 2(a)