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COLLECTIVE BARGAINING IN INDIA

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S.DHEEPAK (REG NO:10MECMA011) 3RD SEM MBA 4/21/12 AIMSR

COLLECTIVE BARGAINING
PERLMAN APTLY STATED "Collective bargaining is not just a means of raising wages and improving conditions of employment. Nor is it merely democratic government in industry. It is above all technique, collective bargaining as a technique of the rise of a new class is quite different ...... from the desire to displace or 4/21/12 abolish" the "old ruling class"... ... to gain

COLLECTIVE BARGAINING IN INDIA COLLECTIVE BARGANING in India has been

the subject matter of industrial adjudication since long and has been defined by our Law Courts. In Karol Leather Karamchari Sangathan v. Liberty Footwear Company 3 the Supreme Court observed that, Collective bargaining is a technique by which dispute 4/21/12 to as conditions of employment is resolved amicably by

On February 25 the Nestle Ponda and Nestle Bicholim unions in Goa, India, held protest actions against trade union rights violations at Nestle Waters in Russia. unions, members of the IUF-affiliated Federation of All India Nestle Employees, condemned union-busting at Nestle Domodedovoand demanded the reinstatement of the union vice-chair Sergei Strykov. year Nestle unions in India won collective bargaining rights with the support of the IUF's global Nespressure campaign, and are now extending the same global solidarity4/21/12 to Nestle workers in Russia.

Nestl Workers Worldwide Say: Stop Nespressure!

The

Last

POSITION OF COLLECTIVE BARGAINING IN INDIA Collective Bargaining machinery essentially

is a reflection of a particular social and political climate.
The

history of the trade union movement shows that union are affiliated to one or the other political parties. a result most of the trade unions are controlled by outsiders. says that the presence of outsiders, 4/21/12 is one of the important reasons for the

As

Critic

The Trade Unions Act, 1926, permits outsiders to be the office bearers of a union to the extent of half the total number of office bearers. It permits one to be the leader of the union who does not actually work in the industry. Sometimes a dismissed employee 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 particular individual. Government cannot morally compel employers to accord recognition to unions without driving out the politicians from them. 4/21/12 The State must outright ban "outsiders" from the trade

OUTSIDERS IN THE PROCESS OF COLLECTIVE BARGAINING

Politicization of TradeUnion Movement in India It is well known that the trade-union movement in India is divided

on political lines and exists on patronage of various political Parties.

Most of the trade-union organizations have aligned themselves with a political party with whom they find themselves philosophically close. It is because of this that the Indian National Trade Union Congress is considered to be the labour wing of congress. The process of collective bargaining is not likely to succeed unless the threat of strike/lockout is there in the back-ground. Strike and lock-out are the weapons used by both the parties daring the collective bargaining process. Without having these weapons at hands, neither of the party to the dispute can defeat the claim of the other. The peculiar feature of our country while compared to the advanced nations of the world is that 4/21/12 the economic conditions of the workers is very poor and as a result they can not afford a long-standing

Critical Evaluation
In

Indian labor arena we see, multiplicity of unions and Inter-union rivalry. provisions for recognizing unions as bargaining agents are absent. is believed that the institution of collective bargaining is still in its preliminary and organizational stage. therefore, must play a progressive and positive role 4/21/12 in removing the pitfalls which have stood in the way of mutual,

Statutory It

State,

SUGGESTIONSFOR AN EFFECTIVE COLLECTIVE BARGAINING IN INDIA

Recognition of trade union has to be determined through verification of fee membership method. The union having more 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 be amended. The provision for political fund by trade unions has to be done away with-since it unvariably encourages the politicians to prey upon the union. State has to play a progressive role in removing the pitfalls which stand in the way of mutual, amicable and voluntary 4/21/12 settlement of labor disputes.

THANK YOU

4/21/12