Understanding Collective bargaining
Understanding Collective bargaining
Sections 96 to 111 of the Labour Act cover collective agreements. Commencing with the duty to bargain in good faith (section 97), these provisions regulate registration as appropriate representative units for entering into bargaining with the Chief Labour Officer.
Once issues with the relevant certificate, the trade union and the employer must nominate their negotiating committees (s. 101) and without prejudice to this process, a duly appointed officer or member of a union may likewise conduct negotiations with the employer.
Failure to enter into negotiations – within 14 days after service of notice to commence from one party to the other – leads to a direction from the National Labour Commission to do so (s.104).
The provisions of agreed collective agreement take precedence over the terms of any contract unless the latter are more favourable to the worker and it is immaterial whether the contract was concluded before the collective bargaining agreement (s. 105(4)).
Under section 107(1), collective bargaining agreements shall be for a term of at least one year, and they must contain a provision for a final and conclusive settlement of any disputes between persons to whom the agreement applies, using the provision of the Labour Act for such settlement. Section 111 permits the collection of union dues.
Since the ratification of Convention No. 98 in 1959 and the subsequent passage of the Industrial Relations Act of 1965 and now the Labour Act, Ghanaians, at least those in the formal sector, have exercised this right and have, in fact, used collective bargaining as the main instrument to improve working conditions particularly at the enterprise level.
A typical collective agreement covers issues such as hours of work, wages and salaries, rest periods, overtime work and payments, dispute settlement procedures, promotion and training, holidays, discipline, dismissal and termination procedures and many other issues relating to employment and non-employment of a class of workers covered by the collective agreement.
It is noteworthy, however, that out of the over 10 million strong Ghanaian workforce, only about 10 percent is in the formal economy.
Employers or their organisations and workers or groups of workers who seek to threaten or intimidate the other party during negotiations of a collective agreement are guilty of an unfair labour practice (s.129).
Collective Bargaining Made Simple
Collective bargaining is like a rulebook for employers and workers to play fairly in the workplace. It’s a way to negotiate and agree on how things should be done to make everyone happy. In Ghana, we have laws that spell out how this should work.
1. Starting the Bargain
It all begins with a duty to bargain fairly. Both the trade union (that’s the worker’s group) and the employer need to talk to each other nicely. If they can’t agree, the National Labour Commission steps in to help them sort things out.
2. The Agreement Rules
Once they agree on things, this special agreement is like the boss of all the other rules. It’s more important than individual work contracts, but only if it’s better for the workers.
3. What’s Inside the Agreement
These agreements cover lots of things like work hours, pay, breaks, how to solve problems, training, holidays, and even what happens if someone gets in trouble or is let go.
4. Not Everyone is Covered
But here’s the thing – not everyone gets these cool agreements. Only about 10 percent of workers in Ghana’s formal sector have them. In the informal sector, where most people work, there aren’t many of these agreements.
5. Playing Fair
Nobody likes a bully, right? Well, in Ghana, it’s against the rules to scare or threaten the other side during these talks. That’s called an unfair labor practice.
6. How Long Does it Last?
Usually, these agreements last for 2-3 years. Some even have special rules that make pay go up when prices do.
7. Who’s in Charge?
In the formal sector, things are more organized, with unions and all. They work together to make sure everyone follows the rules. But in the informal sector, where many people don’t belong to unions, it’s up to the employer and the employees to work things out.
8. Central vs. Local
Sometimes, everyone in a big industry agrees on the same rules, and that sets the tone for smaller talks. Other times, it’s all up to the local folks. It can be good for flexibility, but small businesses might find it tough.
9. Changes in the Game
Things are changing. Workers have different needs now, and they’re not always on the same page. Also, technology is making work different, and unions might not be as strong.
In the end, collective bargaining is like a fair play agreement for the workplace. It helps make sure everyone gets a fair shot at a good job, but it’s still a work in progress
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