What is collective bargaining

Collective bargaining is one of the methods of negotiation between two parties,

the employees and the employers. The main aim of such a process is to reach an
inference and an agreement eventually that would help regulate working
conditions at the workplace. In simple words, collective bargaining can be defined
as a process where all the workers (or employees) of a company or an
organisation try to ensure their terms and conditions of employment are met
through negotiations.

Collective bargaining is a process where a group of workers, often represented by

a labor union, negotiate as a unified entity with their employer or employers to
determine various aspects of their employment. These negotiations typically
cover issues such as wages, benefits, working hours, workplace safety, and other
conditions of employment.

At its core, collective bargaining is about balance and fairness in the workplace. It
ensures that employees have a voice in decisions that affect their working lives
and allows them to address concerns collectively rather than individually. By
bargaining collectively, workers can leverage their combined strength to negotiate
better terms and conditions than they might be able to achieve on their own.

The process of collective bargaining typically begins with the formation of a union,
where workers come together to form an organized group to represent their
interests. Once a union is established, it becomes the designated representative
for the workers in negotiations with the employer. Negotiations can take various
forms, from informal discussions to formal meetings mediated by a neutral third
party, such as a labor arbitrator or government mediator.

Throughout the bargaining process, both parties engage in give-and-take,

presenting proposals, making counteroffers, and ultimately reaching agreements
through compromise. These agreements are often formalized in collective
bargaining agreements (CBAs), which outline the terms and conditions of
employment for the workers covered by the agreement. CBAs typically have a set
duration, after which they may be renegotiated.
Collective bargaining is an essential mechanism for maintaining labor peace and
promoting social and economic justice in the workplace. By allowing workers to
negotiate with their employers on a more equal footing, it helps to prevent labor
disputes and strikes while also fostering a more equitable distribution of wealth
and power. Additionally, collective bargaining can contribute to improved
productivity, job satisfaction, and overall economic stability by creating a
framework for cooperation between labor and management. Overall, collective
bargaining plays a vital role in shaping the relationship between employers and
employees and in promoting a more just and equitable society.

RIGHT OF COLLECTIVE BRGAIN

The right of collective bargaining is the fundamental freedom granted to workers

to join together and negotiate with their employer or employers as a collective
entity, typically through a labor union. This right encompasses the ability of
workers to bargain collectively over terms and conditions of employment,
including wages, benefits, working hours, and workplace conditions.

At its core, the right of collective bargaining acknowledges the inherent power
imbalance between individual workers and their employers. By joining forces and
bargaining collectively, workers can leverage their combined strength to negotiate
better working conditions and fair compensation.

The right of collective bargaining is often enshrined in national labor laws,

international labor standards, and collective agreements. These legal frameworks
establish the rights of workers to form and join trade unions, engage in collective
bargaining, and take collective action, such as strikes or protests, to defend their
interests.

Collective bargaining is not only a means for workers to secure better terms and
conditions of employment but also a cornerstone of democracy and social justice.
It provides workers with a voice in decisions that affect their lives and promotes a
more equitable distribution of power and resources in society.

Furthermore, the right of collective bargaining is essential for maintaining

industrial peace and stability. By providing a mechanism for resolving disputes and
addressing grievances in a peaceful and orderly manner, collective bargaining
helps prevent labor conflicts and strikes, which can disrupt economic activity and
harm both workers and employers.

In summary, the right of collective bargaining is a fundamental human right that

empowers workers to come together, negotiate with their employers, and
collectively shape the terms and conditions of their employment. It is a
cornerstone of labor rights and a key driver of social and economic justice in
modern societies

TYPES OF COLLECTIVE BARGAIN (4 TYPES)

1.Conjunctive or Distributive Bargaining: In this form of collective bargaining,

both the parties viz. The employee and the employer try to maximize their
respective gains. It is based on the principle, “my gain is your loss, and your gain is
my loss” i.e. one party wins over the other.

The economic issues such as wages, bonus, other benefits are discussed, where the
employee wishes to have an increased wage or bonus for his work done, whereas
the employer wishes to increase the workload and reduce the wages

2.Co-operative or Integrative Bargaining: Both the employee and the employer

sit together and try to resolve the problems of their common interest and reach to
an amicable solution. In the case of economic crisis, such as recession, which is
beyond the control of either party, may enter into a mutual agreement with respect
to the working terms. For example, the workers may agree for the low wages or the
management may agree to adopt the modernized methods, so as to have an
increased production.

3.Productivity Bargaining: This type of bargaining is done by the management,

where the workers are given the incentives or the bonus for the increased
productivity. The workers get encouraged and work very hard to reach beyond the
standard level of productivity to gain the additional benefits. Through this form of
collective bargaining, both the employer and the employee enjoy the benefits in the
form of increased production and the increased pay respectively.

4.Composite Bargaining: In this type of collective bargaining, along with the

demand for increased wages the workers also express their concern over the
working conditions, recruitment and training policies, environmental issues,
mergers and amalgamations with other firms, pricing policies, etc. with the
intention to safeguard their interest and protect the dilution of their powers. Thus,
the purpose of the Collective Bargaining is to reach a mutual agreement between
the employee and the employer with respect to the employment terms and enjoy a
long term relationship with each other.

Right to Organise and Collective Bargaining Convention (No. 98)

Adopted: 1 July 1949

Entered into force: 18 July 1951

Article 1: 1. Workers shall enjoy adequate protection against acts of antiunion

discrimination in respect of their employment.

2. Such protection shall apply more particularly in respect of acts calculated to: (a)
make the employment of a worker subject to the condition that he shall not join a
union or shall relinquish trade union membership; (b) cause the dismissal of or
otherwise prejudice a worker by reason of union membership or because of
participation in union activities outside working hours or, with the consent of the
employer, within working hours.
Article 2: 1. Workers’ and employers’ organisations shall enjoy adequate
protection against any acts of interference by each other or each other’s agents or
members in their establishment, functioning or administration. 2. In particular, acts
which are designed to promote the establishment of workers’ organisations under
the domination of employers or employers’ organisations, or to support workers’
organisations by financial or other means, with the object of placing such
organisations under the control of employers or employers’ organisations, shall be
deemed to constitute acts of interference within the meaning of this Article.

Article 3: Machinery appropriate to national conditions shall be established, where

necessary, for the purpose of ensuring respect for the right to organise as defined in
the preceding Articles.

Article 4: Measures appropriate to national conditions shall be taken, where

necessary, to encourage and promote the full development and utilisation of
machinery for voluntary negotiation between employers or employers’
organisations and workers’ organisations, with a view to the regulation of terms
and conditions of employment by means of collective agreements.