Legal Effect Of Collective Agreements

“92. Collective agreements deal with procedural and substantive issues that are of common interest to management and workers. A useful explanation of the nature and extent of these collective agreements is contained in the National Code of Industrial Relations: Collective Bargaining in the Public Sector The framework of collective bargaining in the public sector will inevitably be similar to collective bargaining in the private sector, where the recognition of a union typically results in a collective agreement signed by both the employer and the union. To negotiate a collective agreement, the parties must negotiate collective agreements. This will be a new experience for both public sector staff associations and government. However, a potential problem for public sector workers` organizations is that the government may not be willing to conduct meaningful collective bargaining. What the government considers to be “collective bargaining” or “negotiation” may seem little different from the current consultation procedures for representatives of a public sector staff organization. This is the experience of parastatal unions who complain that management treats their “negotiated procedures” as basic advisory procedures. The challenge for public sector staff organizations is to create an environment conducive to genuine negotiations on their terms of employment. It won`t be easy. 93. Where an employer (or employer) enters into a collective agreement with a workers` union or organization, that agreement should be written and there should be provisions for future changes, interpretations and dismissals by either party under certain conditions. Collective agreements may be implicit or explicitly incorporated into individual employment contracts.

Those that are expressly included are usually made by reference to the collective agreement in the employment contract. If a collective agreement contains a non-strike clause (which limits or prohibits trade union action), it is also not considered binding on individual workers, unless it is written, it should be noted that these clauses are included in a contract as explicitly or implicitly included in the individual`s employment contract and is easily accessible in the workplace.