collective bargaining h 2

8/4/2019 Collective Bargaining h 2

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WELCOME

S.DHEEPAK(REGNO:10MECMA011)3RD SEM MBA

AIMSR

COLLECTIVE BARGAININGIN

INDIA


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COLLECTIVE BARGAINING

PERLMAN APTLY STATED

"Collective bargaining is not just a means ofraising wages and improving conditions ofemployment. Nor is it merely democratic

government in industry. It is above alltechnique, collective bargaining as atechnique of the rise of a new class is quitedifferent ...... from the desire to displace or

abolish" the "old ruling class"... ... to gain


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COLLECTIVE

BARGAINING IN

INDIACOLLECTIVE BARGANING in India has beenthe subject matter of industrial adjudicationsince long and has been defined by our Law

Courts.

In Karol LeatherKaramchariSangathan v. Liberty

FootwearCompany 3 the Supreme Courtobserved that,

Collective bargaining is a technique bywhich dispute as to conditions ofemployment is resolved amicably by


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Nestl Workers Worldwide Say: StopNespressure!

On February 25 the Nestle Ponda and Nestle Bicholimunions in Goa, India, held protest actions againsttrade union rights violations at Nestle Waters inRussia.

The unions, members of the IUF-affiliated Federationof All India Nestle Employees, condemnedunion-busting at NestleDomodedovoanddemanded the reinstatement of the union vice-chairSergei Strykov.

Last year Nestle unions in India won collectivebargaining rights with the support of the IUF's globalNespressure campaign, and are now extending the

same global solidarity to Nestle workers in Russia.
http://cms.iuf.org/?q=node/264http://cms.iuf.org/?q=node/264http://cms.iuf.org/?q=node/185http://cms.iuf.org/?q=node/185http://cms.iuf.org/?q=node/264http://cms.iuf.org/?q=node/264


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POSITION OF

COLLECTIVE BARGAINING

IN INDIACollective Bargaining machinery essentiallyis a reflection of aparticular social andpolitical climate.

The history of the trade union movementshows that union are affiliated to one orthe other political parties.

As a result most of the trade unions arecontrolled by outsiders.

Critic says that the presence of outsiders,

is one of the important reasons for the


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OUTSIDERS IN THE PROCESS

OF COLLECTIVE BARGAININGThe Trade Unions Act, 1926, permits outsiders to be theoffice bearers of a union to the extent of half the totalnumber of office bearers.

It permits one to be the leader of the union who does not

actually work in the industry. Sometimes a dismissedemployee working as a union leader may create difficulties

in the relationship between the union and the employer.

Accordingly employees refuse recognition to the unions

which are either controlled by the politicians or affiliated to

a particular political party or controlled by a particularindividual.

Government cannot morally compel employers

to accord recognition to unions without driving out thepoliticians from them.

The State must outright ban "outsiders" from the trade


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Politicization of Trade-

Union Movement in IndiaIt is well known that the trade-union movement in India is dividedon political lines and exists on patronage of various politicalParties.

Most of the trade-union organizations have aligned themselves witha political party with whom they find themselves philosophically

close. It is because of this that the Indian National Trade UnionCongress is considered to be the labour wing of congress.

The process of collective bargaining is not likely to succeed unlessthe threat of strike/lockout is there in the back-ground.

Strike and lock-out are the weapons used by both the parties daringthe collective bargaining process.Without having these weapons at hands, neither of the party to thedispute can defeat the claim of the other.

The peculiar feature of our country while compared to the advancednations of the world is that the economic conditions of the workers

is very poor and as a result they can not afford a long-standing


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Critical Evaluation

In Indian labor arena we see, multiplicityof unions and Inter-union rivalry.

Statutory provisions for recognizing unionsas bargaining agents are absent.

It is believed that the institution ofcollective bargaining is still in itspreliminary and organizational stage.

State, therefore, must play a progressiveand positive role in removing the pitfalls

which have stood in the way of mutual,


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SUGGESTIONS FOR AN

EFFECTIVE COLLECTIVE BARGAINING IN

INDIA

Recognition of trade union has to be determined throughverification of fee membership method. The union havingmore membership should be recognized as the effective

bargaining agent.

The State should enact suitable legislation providing for

compulsory recognition of trade union by employers.

Section 22 of the Trade Unions Act, 1926 should beamended.

The provision for political fund by trade unions has to be

done away with-since it unvariably encourages thepoliticians to prey upon the union.

State has to play a progressive role in removing the pitfallswhich stand in the way of mutual, amicable and voluntary

settlement of labor disputes.


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THANKYOU

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