Senior lecturer, law unit, department of accountancy, akwa ibom state polytechnic, ikot osurua and facilitator, noun, uyo study centre abstract. Collective bargaining cb was first introduced in bangladesh under the framework of industrial relations ordinance, 1969 7. Volume 1 dwells on the nigerian industrial relations institutional and legal framework, trades unions and trade unionism, wage bargain and conflict relations. The use of race as a functional tool in the hands of both employers to divide the working class and to increase profits and white workers to obtain and maintain material privileges, status, etc. Collective bargaining constitutes an important means by which workers seek to satisfy their economic and social interests.
The negotiation process has been visualized in different ways. Laws of the federation of nigeria 1990 give legal immunity to workers both in their personal capacities and as trade. A the legal framework of collective bargaining 1, 2 the norwegian constitution, of 1814, contains a rather brief bill of rights only. This contained the influential observation that there is, perhaps, no major country in the world in which the law has played a less significant role in the shaping of collective labour relations than in great britain kahnfreund, 1954.
Framework for collective bargaining, the parties agree the office of faculty relations of the university will endeavour to provide the faculty association with timely notice where the university intends to create a new position that it proposes will be excluded. The article seeks to explore the legal framework of collective bargaining in which employment security is to be developed and to point out the ways in which this framework can have an. Collective bargaining helps to make the relationship between employees and employers smooth. To appreciate the roles of trade unions, there is the need to look beyond the enterprise and consider what happens on the national scene. The main focus of labour relations in industry is seen as the one which emphasizes the development of peaceful relations, mutual respect for.
The state of collective bargaining in south africa an. It is mutual givenandtake rather than takeitorleaveit method of arriving at the settlement of a dispute. An appraisal of the legal framework for adjudication of. Collective bargaining and the lra southern african legal. In the case of singleemployer bargaining, the parties may share a common interest in the prosperity of the enterprise. An analysis of industrial relations practice in nigeria. The legal framework of collective bargaining in the nigerian public sector a process approach. Section 51xxxv of the australian constitution gives the. This paper is directed at exploring the legal framework of collective bargaining in the nigerian public sector using a process approach. The importance, effect, causes, relationship, comparison, history, role, solutions are discussed. The roles of labour union in nigeria industrial harmony.
Collective bargaining procedure can be compared with the poker game in which the highest points go to those who combine deception, bluff and luck and have the ability to come up with a strong hand whenever they are. In the subcontinent collective bargaining was introduced in the 20th century. Pdf the principle of collective bargaining in nigeria. Collective bargaining in zimbabwe collective bargaining. The need for stability is very crucial in order to promote collective bargaining which helps to achieve social justice in the workplace. This paper examined the roles of labour union in nigeria industrial harmony and development. As strikes are mostly related to collective bargaining, distinct. Legal framework and current practices of collective bargaining in ukraine.
The legislative framework of collective bargaining in. Labour relations policy framework for the public service. Typically, the agreement establishes wages, hours, promotions, benefits, and other employment terms as well as procedures for handling disputes arising under it. Highlevel tripartite meeting on collective bargaining negotiating for social justice geneva, 1920 november 2009 iii foreword a highlevel tripartite meeting on collective bargaining was held in geneva on the 19th thand 20 of november 2009, following the 306th session of the governing body. Legal framework of collective bargaining the legal framework on collective bargaining is governed by the provisions of the labor act 2006. However, in nigeria, the obverse is the case as collective bargaining gained its root in the public sector owing to the near absence of private sector at the turn of the century. The legal framework of collective bargaining in the nigerian. Pdf the principle of collective bargaining in nigeria and the. It notes that strong and united labour unions are prerequisites to industrial and national development of any nation. Importance of collective bargaining in industrial relations. This article overviews development in labour relations and the laws relating to trade union and the trade dispute resolutions or adjudications by the national industrial court nic of nigeria, the nigerian governments.
International journal of administration and development studies, 31. Both the partiesemployers and employees collectively take some action. A strong bond between the employers and employees contribute to the successful working of the company. Some variations or distinctive features 59 state governments, much less the asian employers who are even more exploitative of workers, than their nigerian counterparts. Introduction the impact and effect of globalisation on south africa, requires the public service, like other sectors of the economy, to rapidly adapt to the changing environment. The basic legal framework of collective bargaining and collective disputes resolution is.
Chapter 4 collective bargaining abridged contents page. Discuss the role of collective bargaining in the namibian labour system analyse the concept of the employers duty to recognise and bargain with a trade union explain the legal status of collective agreements discuss the. The legal framework of collective bargaining in the. Exclusion of new positions from faculty bargaining unit. Legal framework for resolution of industrial disputes the machinery for the adjudication of industrial disputes in nigeria originates from the 1999 constitution, the countrys grundnorm, as amended by the third alteration act, 2010. Constitutional provisions does your countrys constitution include the right to collective bargaining. It is hopeful that the public sector will become more efficient and effective if the. Download pdf 965 kb abstract this paper is directed at exploring the legal framework of collective\ud bargaining in the nigerian public sector using a process approach. Collective bargaining legal definition of collective. The constitution of the federal republic of nigeria 1999 is the supreme law of the country. The legal framework of collective bargaining in the nigerian public sector. In the nigerian context, collective bargaining is a form of direct intervention. The general unenforceability of collective agreements. The paradox of agreement without agreement vincent iwunze faculty of law, university of uyo, uyo, nigeria email.
International journal of advanced legal studies and governance, vol. The legal frame work of trade union activism and the role. Nigeria labour law provides for automatic recognition of trade unions for collective. The legal framework regarding strikes in nigeria p. Africa such as kenya, zambia, and nigeria, as well as ghana, the state has seen a. The legal framework of collective bargaining in nigeria. Discuss dispute resolution in zambia collective bargaining and the zambian legal context recognition and collective bargaining effective management of discipline. Even if a huge part of african economies stands beside the legal framework through informality and poor compliance, the regulatory framework of the labor market is surely one. A panoramic analysis of inherent implementation challenges macaulay j. Strike as a fundamental right of the workers and its risks of conflicting. Not only are many strikes unofficial, strikers all too often do not care much about the law.
Ghosi this paper attempts to analyze the theoretical and empirical literature relating to collective bargaining in public and private sectors in nigeria. Collective bargaining is an important element in industrial relations. Handbook to the new worker, the union should give him a union manual. Get free research paper on impact of collective bargaining on industrial disputeproject topics and materials in nigeria. Legal framework and current practices of collective. This paper xrayed the fate of employees in nigeria against the backdrop of. Nigerian labour law provides for automatic recognition. Successful collective bargaining is crucial to the attainment of industrial peace in nigeria.
Collective bargaining and conflict resolution in nigerias. The objective of the paper is to highlight the weaknesses of the legal framework within which collective bargaining operates in nigeria. Any law, which is inconsistent with its provisions, are to the extent of the inconsistency null and void. The process through which a labor union and an employer negotiate the scope of the employment relationship a collective bargaining agreement is the ultimate goal of the collective bargaining process. Social dialogue, collective bargaining, and labormanagement. Some objectives of trade unions such as negotiation, representative body, maintenance of employeeemployer relationship, and promotion of members welfares were noted.
Overview of industrial relations practice and the structure of collective bargaining in nigeria. Section 254 a 1 establishes the national industrial court. No strike and no lockout clauses in collective bargaining agreement. The current status of collective bargaining and its. Although an employer need not agree to a new prehire agreement upon contract expiration, if it verbally agrees to such a new agreement, it will have a legal duty to sign such an agreement upon request of the union. This contribution builds on the assumption that collective bargaining outcomes are influenced by inter alia political, socioeconomic, and legal constrains.