Prerequisites of Collective Bargaining
Sahil Pahwa [Link].B (Hons.) V Semester
COLLECTIVE BARGAIGNING Collective bargaining is a process of negotiations between employers and a group of employees aimed at reaching agreements that regulate working conditions. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. The parties often refer to the result of the negotiation as a collective bargaining agreement (CBA) or as a collective employment agreement (CEA).
PRERREQUISITES FOR THE COLLLECTIVE BARGAINING
For a successful collective bargaining process there are certain prerequisites to be followed. In other words there are certain conditions to be fulfilled which are briefly discussed here.
1) RIGHT TO ORGANISE AND RIGH TO COLLECTIVE BARGAIN: The extent to which, the workers enjoy the right to organize and bargain is the key success factors to which collective bargaining works in any country. There are two prerequisites for the successful implementation of this condition, first is the effective enjoyment of the freedom of association in accordance with the principles set out in the Freedom of association and the protection of right to organize convention, and the second is the workers and the employers organization should be free and sufficiently strong but also relatively equal in strength with the management.
2) STRONG AND STABLE TRADE UNIONS: The impact of unionization has a strong influence on the growth and development of collective bargaining in a country. The rate of unionization varies from country to country. The strong and stable trade unions lead to the success of collective bargaining. Whereas the fragmentation of the unions, inter union and intra union rivalries hinders the progress of the collective bargaining process. This also leads to the host of other problems both for the employer as well as the state, in addition to the above said. Example: A union in the plant level may have conflict with the central union, ultimately affecting the collective bargaining process.
3) RECOGNITION OF TRADE UNIONS: The collective bargaining can take place only if the employers recognize trade unions or the workers association for that purpose. The refusal of employer to recognize the trade union or the complications that might arise in achieving recognition greatly complicates the process of collective bargaining. Recognition of union is achieved in two ways: it can be made compulsory under the law or some systems must be developed by which the unions can be recognized. For example: There are some countries where there is no legal provision regarding the recognition of trade unions and hence such unions have to struggle for getting the same.
4) ATITUDE OF EMPLOYERS AND TRADE UNIONS: The attitude of the parties involved is also a crucial factor in the success of the bargaining. If the parties are rigid, non-compromising and close minded it will be impossible for collective bargaining to function. In that case the common consensus is hard to be reached upon. On the contrary, if, the parties have a compromising and flexible attitude, then only the possibilities of an agreement can take place.
5) A SUITABLE FRAMEWORK: A set of established procedures and a governing body is required for the smooth and effective functioning of the collective bargaining procedures. In case of developing countries the lack of a suitable frame work is so acute that, the collective bargaining procedure may come to a standstill. These statutory bodies are established in many of the developing countries where they may vary in regards of composition, terms of reference and level of operations. The machineries for the effective work out of the process of collective bargaining have been laid down either by the legislation of the country or by mutual agreement. Therefore setting up of the well organized negotiating bodies for the purpose of collective bargaining is of immense importance.
