Meaning of Collective Bargaining -
Collective bargaining is a procedure of conversation and exchange between an employer and a trade union coming full circle in a composed understanding and the alteration of issues emerging under the understanding. The Apex Court of India has characterized the procedure of collective bargaining as a method by which, contest as to states of business is settled genially by understanding instead of intimidation. Labourers, who are commonly spoken to by a trade union, utilize this medium to communicate their complaints about different issues, for example, wages and working conditions.
Process of Collective Bargaining-
The trade union will inform the employer of starting collective bargaining exchanges. The representative of the trade union draft a contract of requests which contains issues identified with terms of business and the working conditions specifically wages and stipends, rewards, working hours, benefits, occasions. At times, an employer may likewise inform the trade union and start collective bargaining dealings.
Negotiation is the subsequent stage after drafting the contract of requests by the trade union. Both the employer and the representative look for chances to recommend bargain arrangements in support of themselves until an agreement is reached. On the off chance that it is difficult to connect with an understanding, a third party (arbitrator/mediator) might be acquired from outside. On the off chance that, even with the help of the third person, no reasonable arrangement can be found to determine the gatherings' disparities, the trade union may choose to take part in strikes.
After all the process parties come to a collective bargaining agreement will be executed between the employer and labourers spoke to by trade unions, setting out the terms of business and the working states of work.
In case that the parties unable to arrive at a mutual understanding as a result of the shared agreement, the union may go on a strike, which will be as per the arrangements of the Industrial Disputes Act 1947 ("ID Act").
When the conciliation officer gets a notification of strike or lockout, the conciliation procedures will begin. The State Government may designate a conciliation officer or a Board of Conciliation to explore debates, intervene and advance a settlement. Labourers are restricted from taking to the streets during the pendency of such conciliation procedures. Conciliation continuing may have one of the three results, to be specific
(1) a settlement; or
(2) no settlement; or
(3) reference being made to the proper labour court or some Industrial Tribunal.
