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The Pros And Cons Of Collective Bargaining

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Section 23 (5) of the constitution says every trade union, employer’s organisation and employer has the right to engage in collective bargaining. Therefore, section 23 does put a duty upon an employer to bargain with the union. Collective bargaining is a process of negotiations that take place between the employee and the employer. Trade union act is a representative who negotiates on behalf of the employee on terms and conditions of the employment.
Matters that they discuss include but not limited to remuneration, hours of work, overtime, leave safety and security. Employers need to notify the union should there be any changes that involve these issues. If the employer does not let the union know about the changes or refuses to bargain, that employer will be committing unfair labour practice and he/she can face legal charges because as stipulated in section 23 (1) , “Everyone has the right to fair labour practices”. However, the parties that are involved in collective bargaining do not necessarily mean that they have to reach an agreement, but they have to bargain in good faith . If the matter remains unsolved though, it can end up at labour court or even lead to strike which is the worker’s right according to section 23 (2) (c) .
In matters between the SAFCOR FREIGHT (PTY) LTD t/a, SAFCOR
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At the time that dispute arose, the respondent had 277 employees in its Durban branch and 111 of these employees were members of the appellant, meaning the appellant was not recognised as the bargaining agent according to their “relationship agreement”, but the respondent did not challenge the appellant’s level of representation. In the middle of the year 2007, shortly after the agreement, the respondent decided to change the wage cycle of the non-unionised employees in Durban branch to be from 1July to 30 June as other respondent’s operations with an inducement of 4.5% but unionised employees did not qualify for this

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