Disadvantages Of Collective Bargaining

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Collective Bargaining and Dispute Settlement System The expression “collective bargaining”, was coined by Sydney and Beatrice. This was widely accepted and used in the United States of America for settling industrial disputes. International Labour Organisation (ILO) through various conventions, recommendation and other instruments recognizes the right of collective bargaining as a fundamental right throughout the private and public sectors . Further one principle adopted by ILO is that collective bargaining is a right of employer and their organisations, on one hand and organisations of workers, on other hand (first-level trade unions, federations and confederations); only in the absence of these latter organisations, may representatives of the workers concerned conclude collective agreements. The meaning of the expression ‘collective bargaining’ has been a subject matter of controversy and it is defined in variety of ways. However the term ‘Collective bargaining’ has been defined by the Supreme Court of India in the case Karnal Leather Karmachari Sangathan v. Liberty Footwear Co. : “The technique by which dispute as to conditions of employment is resolved amicably by agreement rather than coercion”. The conflict here is between the management and the employee and is inherent in an industrial society as…show more content…
Some of those limitations are there under section 10(3), 10A, 22 and 23 of Industrial Disputes Act, 1947. Further right to strike is not available to government servants in India as their function is providing public utility services. e) If strike is not successful then the option of conciliation or adjudication under proper authority like Industrial Tribunal/National Tribunal/Labour Court can be availed by the parties to
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