What do you mean by collective bargaining? According to Investopedia, Collective bargaining is the process of negotiating the terms of employment between an employer and a group of workers, such as pay and working conditions. The process takes place between company management and a labour union.
Collective Bargaining Agent (CBA): in relation to an establishment or group of establishments, means the trade union of workers or federation of a trade group of establishments in the matter of collective bargaining(CB).
According to the Labour Act 2006, SECTION 202:
ONE TRADE UNION = COLLECTIVE BARGAINING AGENT
Elect the CBA through the nomination of an EC among themselves OR Director of Labour shall hold a secret ballot within 120 days to determine CBA upon application by anyone i.e. TU – A
Legal provision: As per the Labour Act
While there is no definition for collective bargaining in the Act, there is a definition for ‘collective bargaining agent’, which, in relation to an establishment or group of establishments, means the trade union of workers or federation of trade unions, which, under Chapter XIII, is the agent of the workers in the establishment, or group of establishments in the matter of collective bargaining.
Legal provision: As per the EPZ Act
Like the Labour Act, there is no definition for collective bargaining. However, there is a definition for ‘collective bargaining agent’ which in relation to an industrial unit or units, means the Workers’ Welfare Association, which under section 37 of the Act is the agent of the workers in the industrial unit or units in the matter of collective bargaining.
- Labour Act, 2006 (XLII of 2006) (unofficial English translation) (as amended by Act No. XIV of 2011) (s. 2(52))
- Export Processing Zones (EPZ) Workers Welfare Association and Industrial Relations Act of 2010 (Act No. 43 of 2010) (unofficial English Translation) (s.2(28))
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