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( 7) COLLECTIVE BARGAINING

Introduction

The- concept of Collective Bargaining is a most important

concept in Industry/Factory. It is a primary stage of agreement.
Because jn the Industry/Factory, there are two parts are very
important such as employer and employee.- Similarly various
concepts are also regarding to the employer & employees which
are regarding to employment, wages, working hours,
provision/ ~acilities etc. So due to these reasons, various
problems are created before the employer & also employee. As
per this rule, ~e relationship between the employer & employee
may be disturbed so to avoid such situation, some grounds are
considered l?etween them. On the sound of the come together to
solving the problems by peaceful manner. And also maintain
good relationship between them. Automatically industrial peace·
to maintain Industry /Factory such method is knows as
Collective Bargaining.

These1 Collective Bargaining are a most important feature

of Industrial relation. Because the main object is to bring peace
to the Industry & also society. It is also create social justice. In
• short it is a dynamic concept which is changing as per the
circumstances

DEFINITION
1. "Collective Bargaining means a group of employer & employee
through its representative for particular purpose."

2. "Collective Bargain~g means a mutual process between L.'Lie

empl~yer & employees about the problems."

3. "Collective Bargaining means an agreement which are

regarding to the forms of employment between employer and
employees."
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FEATURES/CONDITIONS/ESSENTIAL
ELEMENTS /RULES /MERITS
The following are the various merits of Collective
Bargaining such as -

1. Agreement -
Originally the ~ord, "Collective Bargaining" is a
combination of two words. One is collective, it means a group of
persons. An another word is bargaining, it means an agreement. •
Therefore, Collective Bargaining is an agreement between more
than two persons. Such persons may be employer &employees. I
short they make an agreement about the particular subject
matter such agreement must be in writing.

2. Free consent -
An agreement is a primary stage of every contract. Because
it is created from the proposal and also acceptance between the
parties. Under this circumstances more than two parties come
together they ma_y be employer and employees. Bt1t they are
come together as per their own free consent. There is no
compulsion on the parties so it is done by freely.

3. Representative/Agent-
Te collective barg~ing is made between the employer &
employee. In fact, they are not interring in the barg;1ining
actually. But their representatives/ agents ar~ come together.
They conduct activities on behalf of employer/ employees
respectively. So co-!,lective bargaining . is made by only
representative.

4. Commitment-

It is also essential condition of the collective bargaining

because before the determination, particular subject presented
before the representative of employer & employP.P,S for
discussion. During that period each representative put up• their
opinion about the subject matter.
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5. Determination -
According to such condition, the opportunity is given to
both th~ representatives. After the satisfaction of both the
parties, the particular subject may be determining. In short
under the collective bargaining some subject matter may be
determined as per the both representatives.
. .
6. Reliance on facts / Presumption -
Under the collective bargaining various agreements are
made between the parties. But at that time necessary facts must
•be con~id~r. 'rhat is only relevant facts are consider due to this
reason bot~ parties may be presume such facts.

7. Honours /Respectable -
The agreement between the employer & employees will be
result into a successtul collective bargaining. It is in writing
therefore it should be honoured/respe cted by both the parties.
Because it should be ensured with fair mind & goodwill.

8. Faithful -
Generally each party interfere in his own benefit & purpose
therefore, it is also an important condition that there must be
faithful meaning of the terms of agreement.

9. ·Grant/Reorgan ization -
The collective bargaining is made between the both parties
by mutually. In other words, they are come together as per their
own minded, so there is no presume for that purpose. It is a
best way to maintain the good relation between the employer &
employees due to this reason it is granted.

10. Rclationshit~ -
The most important condition is that to maintain relation.
Because the main object of collective bargaining is that to create
good/ friendly relationship between the employer & employees.
So every process of bargaining carried as per the maintain.
r~l~tionship between employer and employee.
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cal of Colle ctive .

Defe cts /Dem erits /Disa dvan tages / Criti cism / Criti
Barg ainin g

1. Non Judi cial -

&
The colle ctive barg ainin g is inter nal reme dy for empl oyer
ed by
empl oyee s to solve their prob lems . In shor t, it is decid
Cour t can
mutu ally. But it is not a judic ial reme dy beca use the
not inter fere in this reme dy.

2. Num ber of perso ns -

come
Acco rding to colle ctive barg ainin g num ber of pers on
oyee s.
toget her whic h are comi ng from eithe r empl oyer or empl
equa lly
But, acco rding to the rnle of natu re, two pers ons are not
r betw een
mind ed. Ther efore opin ions of every pers on are diffe
s betw een
each othe r. In shor t anot her dispu te may be arise
them .

3. Lack of opin ion -

lems
The colle ctive barg ainin g is creat ed to solve the prob
So every
betw een empl oyer & empl oyee s throu gh mutu ally.
opin ion
perso n is entit le to put his opini on. But pract icall y such
tives are
can not be mad e acce pted beca use only the repre senta
opin ion is
parti cipa te/ invol ve in colle ctive barg ainin g so lack of
creat ed.

4. Lack of know ledge -

there
In the colle ctive barg ainin g empl oyer & empl oyee s
only the
repre senta tives are come toget her. But, out of them
has •good
empl oyer /his repre senta tives is expe rt pers on
is not
know ledge . Whe reas, the empl oyee s/his repre senta tives
er so
expe rt & also no lmowledge abou t the subj ect matt
s.
empl oyer to take misu se of lack of k:110,vledge of empl oyee

5. No Free Cons ent -

Orig inall y free cons ent is a fund amen tal part of colle ctive
foun d.
barg ainin g but pract icall y this conc ept can not be
tive. At
Beca use a right of take a decis ion is only of repre senta
that time such decision is not take n with free cons ent.
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6. Dominati on -

The employer & employee mutually create the collective

bargainin g for protect their rights/int erest· but they are
individua lly unable to conduct the bargainin g so they appointed
their represent ative respective ly. In fact all rights/po wers of
collective bargainin g ar~ given to the represent atives. D1.1e to this
_reason, such represent atives dominate enter
managem ent/ remainin g members .

7. • Corruptio n -

Corruptio n is a common concept in the society. Nobody is

exempted from the conuptio n. Similarly collective bargain~n g is
not exempted from the concept of corruptio n. In other words,
the represent atives of employer /employe es commit a corruptio n
for his own benefit & avoid purpose of collective bargainin g.
8. Misuse of Power -

According to collective bargaining all powers are vested to the

n~present atives of the party ns a trusty. The main object of vesting I

the power is that to conduct the process of collective bargainin g in a

legal manner. But they are not adopted such concept because they
take the misuse of power for hi~ self benefit.

9. Not effective/I neffective -

.
The main object of collective bargaining is to maintain good
relationsh ip between employer & employee. But practically it is differ.
It means relationsh ip is created just like opposite/ revenge.
Sometime s, serious offences are created between them. So,. it is not
effective.

10. Political informatio n -

Actually, political party is a thirty party regarding to employer &

employee. In short there is 110 any relation between them, but
according tu present period political pArty interfere in the field of
industry/f actory. Such interfere may be direct/ind irect. Due to this
reason, various complicat ions are created before the employer,
~mployees, in~ustry and factory etc.