In the event of a dispute over the eligibility of senior managers for collective representation, the employer or trade union may request conciliation assistance from the Ministry of Labour. This collective bargaining process can be initiated either by the employer or by the union. The party wishing to enter into negotiations on a collective agreement is required to give notice of termination and the receiving party is required to accept the invitation to negotiate. Negotiations between the employer and the union should begin as soon as possible. Collective bargaining work should not be seen as an act of adversaries. Unions can be friends with employers and the government. This is the spirit of the tripartites, and it is something that many countries cannot implement. In the event that a commercial dispute cannot be resolved after conciliation at the MOM and negotiations have been blocked, the commercial dispute may then be submitted to arbitration by the Labour Arbitration Tribunal (EPC). Escalating a trade dispute with the IAC for arbitration should only be a last resort if all attempts to reach an agreement through arbitration have failed. The list of certified collective agreements for the year can be found here.
Certified collective agreements shall be published in the Official Journal. They can also be found in LAWNET and at the National Library. The powers of our trade unions are conferred by the Industrial Relations Act. The law serves to avoid and resolve labour disputes through collective bargaining, conciliation and arbitration by the labour arbitration tribunal. For more details on the requirements for filing a collective agreement, the types of disputes, and the different channels for submitting an application to the IAC, please visit the IAC website. When all this has been negotiated and agreed, the unions sign an agreement with the leaders of your company. This is called a collective agreement. If it is signed and certified by the labour arbitration tribunal, it is binding and a company must comply with it. Before a union can represent its members in collective bargaining, it must first be recognized by the employer. The procedure for the recognition of the trade union is laid down in the rules on industrial relations (recognition of a trade union of employees).
MOM will hold a conciliation meeting within 14 days of receiving notice from one of the parties and invite management and the union to the meeting to assist both parties in amicably resolving the collective bargaining dispute. So what happens if an employer doesn`t comply? Well, then the union resorts to the famous industrial action. A collective agreement is an agreement between an employer and the union on the terms and conditions of employment of employees. The collective agreement is valid for a minimum of 2 years and a maximum of 3 years. Once a collective agreement is signed, it must be submitted to the Labour Court of Arbitration for confirmation within one week from the date of signature. .