Notes Module 5 Olw 311
Notes Module 5 Olw 311
Module Contents
1. Introduction
2. Objectives
3. Main Body:
3.1. Collective bargaining and collective agreement
3.2. The legal framework
3.3.The legal status
3.4.Strike and Lock-out
4. Summary
1. Introduction
Collective bargaining is the process through which a registered trade union and an employer or a
registered employer’s association negotiate on the terms of employment such as wages, hours of
work, benefits, disputes handling etc. The ultimate goal of collective bargaining is to attain
collective agreement.
2. Objectives
The purpose of this module is to explore the legal framework regarding collective bargaining and
collective agreement; its legal status; and the related matters such as strike and lock-out.
3. Main Body
3.1. Collective bargaining and Collective agreement
As pointed in the module 4, collective bargaining and agreement is among the forms of workers
participation. It regulates employer-employee relationship through negotiation. The aim is to sort
the employment related differences in a peaceful way. It may also be seen as the process of
making rules which governs employment through a coactive agreement.
Collective bargaining is an integral part of trade union rights. It first requires existence of a
recognized trade union to represent the employees in the negotiation. Yet, the right to freedom of
association guarantees the trade union right to negotiate freely with the employer as well as the
right to strike.
The said agency fee should not be more than the amount of the union subscription and it has to
comply with all requirements as provided under Rule 58(2) for it to be binding.
The right to strike has limits. The Act restricts some employees from striking such as employees
of essential services, magistrates, prosecutors etc. However, persons in essential services can
strike or lockout in compliance with the requirements of s. 76(2).
- To strike, the strike is called by a trade union, a ballot has been conducted under the
union’s constitution and a majority of those who voted were in favour of the strike; and
- After the applicable period (for mediation) the employer/employer’s association or the
trade union has given 48 hours notice to the employees/trade union or employer of their intention
to lockout or strike.
S. 83 insist that lawful strike or lockout is protected by law. It is further provided under s. 84 that
the labour court may issue an injunction to restrain a strike or lockout not in compliance with
law.
4. Summary
In this module, we have covered the general legal framework regarding collective bargaining and
agreement. It unveiled definition of the terms, its importance, negotiation requirements as well as
legal implication underlying collective agreements. It further explores the legal protection and
procedures regarding lawful strike and lockout.
From the discussion, you will be able to apply the terms accordingly.