Open Access Research Article
A STUDY ON THE CHALLENGES FACED BY THE TRADE UNION DURING COLLECTIVE BARGAINING UNDER INDIAN LEGISLATIONS
Published Paper
Article Details
A STUDY ON THE CHALLENGES FACED BY THE
TRADE UNION DURING COLLECTIVE BARGAINING UNDER INDIAN LEGISLATIONS
BA LLB.
(Hons) 3rd year Saveetha School Of Law
Saveetha
Institute Of Medical And Technical Sciences (Simats), Chennai-600077
BA.B,ML,PGDC
in C.F & I.S, Ph.D (Scholar) Assistant Professor
Saveetha
School Of Law
Saveetha
Institute Of Medical And Technical Sciences (Simats), Chennai-600077
Abstract:
Collective bargaining is a fundamental right. It is rooted in the International Labour Organisations
constitution and reaffirmed as such in the 1998 International Labour
Organisations Declaration on
Fundamental Principles and Rights at Work. Collective bargaining is a key means through which employers and their
organizations and trade unions can establish fair wages and working conditions. It also provides the
basis for sound labour relations. Typical issues on the bargaining agenda include wages, working time, training,
occupational health and safety and equal
treatment. The objective of these negotiations is to arrive at a collective
agreement that regulates terms and conditions of employment. Collective agreements may also address the
rights and responsibilities of the parties thus ensuring harmonious and
productive industries and workplaces.
Enhancing the inclusiveness of collective bargaining and collective agreements
is a key means for reducing
inequality and extending labour protection.
Introduction:
Collective bargaining is a process of
discussion and negotiation between two parties, one or both of whom a group of persons is acting in
consent. The resulting bargain is an understanding as to the terms and conditions under which a continuing service is to
be performed. More specifically collective
bargaining is a procedure by which employers and a group of employees agree
upon the conditions of work.
Collective bargaining is the technique adopted by the organization of workers and employers collectively to
resolve their differences without the assistance of a third party or the intervention of a third
party. Collective bargaining plays a vital role in settling and preventing industrial disputes. It is an
important tool for maintaining industrial peace and so the responsibility of its proper implementation should be of both
the employers as well as the employees.
Collective bargaining should enable the union leaders to present to the
management their demands and desires
and also create a ground for the management to explain to the union leaders
their problems and difficulties.
Research Question:
What
are the main challenges that affect the collective bargaining power
of a trade union?
Objectives:
·
To analyze
whether identifying the issue and negotiation is important
·
To analyze
the main challenges of collective bargaining
·
To analyze
whether multiple trade union reduce the bargaining power
·
To analyze
the effects of collective bargaining
Keywords:
Trade union, Collective bargaining, Bargaining Power, Challenges, Trade Movements
Review of Literature:
This article explores the challenges
faced by trade unions during collective bargaining in India, including
the lack of legal recognition
and the limited scope of collective bargaining in the country. The legal framework for trade unions in India is weak,
and many employers do not recognize
or respect the rights of trade unions to bargain collectively. Many trade
unions in India suffer from
internal conflicts, poor leadership, and lack of resources. This makes it
difficult for them to negotiate with
employers effectively. The government's role in protecting the rights of workers and supporting trade unions is
limited. This makes it difficult for trade unions to achieve their goals and protect the interests of
workers. (Raghavendra Guduru and Anand
Kumar K).
This article discusses the challenges
faced by trade unions in India, including the fragmentation of the labor movement and the lack of
effective representation of workers' interests. Employers often resist the demands of trade unions,
and in some cases, resort to intimidation, harassment, and violence to suppress them. The workforce
in India is highly fragmented, with workers belonging to different industries, regions, and social groups.
This makes it difficult for trade unions to mobilize workers
and form effective
bargaining units. (Priti Jain and Kalyani
Khairnar.)
This article examines the challenges
facing collective bargaining in India, including the absence of a comprehensive legal framework and the
reluctance of employers to engage in meaningful negotiations with trade unions. Despite
these challenges, there are also some prospects for collective bargaining in India. For instance: Increasing
awareness among workers: Workers are becoming
more aware of their rights and are organizing themselves to demand better
working conditions.Emerging sectors:
There are several
emerging sectors in India, such as IT and services, which have a high potential for
unionization and collective bargaining.Support from civil society: Civil society organizations, such as NGOs and
social activists, are increasingly supporting
workers' rights and the role of trade unions in protecting them.International
support: International organizations,
such as the International Labour Organization (ILO), are providing support to trade unions in India,
particularly in areas such as capacity-building, legal advocacy, and international
solidarity. (Partha Pratim Mitra).
This article discusses the challenges
facing collective bargaining in India, including the lack of legal recognition for trade unions and the
limited bargaining power of workers in the informal sector. To address these issues and challenges, trade unions in
India need to adopt innovative strategies, build stronger alliances
with other workers'
organizations, and work towards strengthening the legal and regulatory
framework for trade unions in India. They also need to build greater public support for their cause and increase their
capacity to negotiate effectively with
employers. Additionally, they need to broaden the scope of collective
bargaining to cover non-wage issues
and explore ways to increase unionization in the informal sector. (S. Venkatesh and K. R. S. Murthy)
This
article explores the challenges facing collective bargaining in India, including
the inadequate enforcement of labor laws and the limited role of trade unions in shaping labor policy. Collective bargaining in India is largely
limited to wages and benefits, and does not cover broader issues such as job security,
training, and working conditions. Political interference in trade unions is a significant challenge in
India. Many trade unions are affiliated with political parties, and this can lead to interference in their bargaining activities. (Arun Kumar and Prashant Sharma).
This article discusses the challenges
faced by trade unions during collective bargaining in India, including weak legal protections for
workers, limited resources and bargaining power of unions, and inadequate communication and
coordination among union members. Many trade unions in India suffer from poor leadership, lack of resources, and internal conflicts, which make it difficult
for them to bargain effectively with employers.Technological changes and
automation have led to the
displacement of many workers, particularly in the manufacturing sector. This
has made it difficult for trade
unions to protect the interests of workers and negotiate favorable terms and conditions of employment. (Bhavya Khandelwal and Neeraj Khandelwal (2018))
This article highlights the key
challenges faced by trade unions during collective bargaining in India, including lack of bargaining power, inadequate legal provisions, and resistance from employers. It also discusses potential
solutions to overcome
these challenges. The legal framework
for trade unions
in India is weak, and many employers do not recognize or respect the rights of trade unions to bargain
collectively. Employers often resist the demands of trade unions and may resort to intimidation,
harassment, and violence to suppress them. (Avinash
Kumar Singh (2021)).
This article examines the challenges
faced by trade unions during collective bargaining in India, including
weak legal protections for workers, limited
resources of unions,
and lack of coordination
among union members. It also suggests strategies for trade unions to improve
their bargaining power and
effectiveness. To address these challenges, the study suggests that trade unions in India need to adopt innovative
strategies, build stronger alliances with other workers' organizations, and work towards
strengthening the legal and regulatory framework for trade unions
in India. (T.S. Siva Subramanian and R. Gopinath (2019))
This article explores the challenges
faced by trade unions in India during collective bargaining, including
lack of legal provisions, insufficient bargaining power, and inadequate representation of workers. It also suggests potential solutions to address these
challenges and improve collective bargaining
outcomes for workers. The workforce in India is highly fragmented, with workers belonging to different industries,
regions, and social groups. This makes it difficult for trade unions to mobilize workers and form
effective bargaining units. (Satyendra
Nath Mishra and Saurabh Kumar Mishra
(2020)).
This article analyzes the challenges
faced by trade unions during collective bargaining in India, including
weak legal protections, limited resources and bargaining power, and lack of coordination among union members. It also offers suggestions for
improving the bargaining power and effectiveness of trade unions
in India. (Deepika Pandey
and Amit Yadav (2021))
This article discusses the various
challenges faced by trade unions in India during collective bargaining, including the lack of legal
recognition, weak bargaining power, and interference from management and
government authorities. The legal framework for trade unions in India is weak, and many employers
do not recognize or respect
the rights of trade unions to bargain
collectively. (V. B. Jugale and S. R. Walke).
This article examines the challenges
faced by trade unions in India during collective bargaining, including the lack of union membership,
low wages, and a hostile political climate. To address these challenges, the study suggests that trade unions in India
need to adopt innovative strategies, build
stronger alliances with other workers' organizations, and work towards
strengthening the legal and
regulatory framework for trade unions in India. They also need to broaden the
scope of collective bargaining to cover
non-wage issues and explore ways to increase unionization in the informal sector. Finally, political
interference in trade unions needs to be minimized to ensure that unions can operate independently and
without fear of retaliation. (Radhika
Kapoor)
This article discusses the challenges
faced by trade unions in India, including the lack of legal recognition, poor bargaining power, and a
hostile political climate. To address these challenges, Kumar suggests that trade unions in India need to adopt innovative
strategies, build stronger alliances with other workers'
organizations, and work towards strengthening the legal and regulatory
framework for trade unions in India. They also need to broaden the scope of
collective bargaining to cover
non-wage issues and explore ways to increase unionization in the informal sector. Additionally, trade unions need to
work towards increasing awareness among workers about their rights and the benefits of joining a trade union. (Manoj Kumar).
This article examines the challenges
faced by trade unions in India during collective bargaining, including
the lack of legal recognition, weak bargaining power, and interference from management and
government authorities. Many workers in India are not aware of their rights and the benefits of joining a trade union.
This lack of awareness makes it difficult for trade unions to mobilize workers and form effective
bargaining units. Political interference in trade unions is a significant challenge in India. Many trade
unions are affiliated with political parties, and this can lead to
interference in their bargaining activities. (S. Srinivasan)
This article discusses the challenges
faced by trade unions in India, including the lack of legal recognition, weak bargaining power, and interference from management and government authorities, as well as opportunities for
unions to strengthen their bargaining power and improve working conditions for their members. (R. K. Dubey).
This article explores the challenges
faced by trade unions during collective bargaining in India. The authors highlight issues such as low
union density, political interference, and ineffective legal mechanisms. The study also emphasizes the importance of developing the skills and capacity
of trade union leaders to negotiate effectively with employers. (Dr. Sanjay Singh and Dr. Rajeev
Kumar Singh (2018))
This article examines the challenges
faced by trade unions in India, including issues related to collective bargaining. The author
discusses the impact of globalization, technological changes, and legal restrictions on the ability of
trade unions to negotiate effectively on behalf of their members. Technological changes and automation have led to the displacement
of many workers, particularly in the
manufacturing sector. This has made it difficult for trade unions to protect
the interests of workers and
negotiate favorable terms and conditions of employment. (Dr. Dhanraj Jangid (2020))
This article analyzes the
opportunities and challenges of collective bargaining in India, with a particular focus on the role of trade
unions. The authors argue that trade unions face significant obstacles in negotiating with employers,
including weak legal protections and a lack of support from the government. Many trade unions in India suffer from poor
leadership, lack of resources, and internal
conflicts, which make it
difficult for them to bargain effectively with employers. (Dr. Sunita
Singh and Dr. R.K. Srivastava (2019))
This article presents the results of
an empirical study on the challenges faced by trade unions during collective bargaining in India. The authors identify
issues such as the reluctance of employers to negotiate, the limited scope
of collective bargaining, and the lack of training and resources available to trade union representatives. In addition, trade unions need to work towards increasing awareness among workers
about their rights and
the benefits of joining a trade
union. Finally, political interference in trade unions needs to be minimized to
ensure that unions can operate
independently and without fear of retaliation. (Dr. T.K. Arun and Dr. R. Sudha
(2017))
This
article provides an overview
of the issues and challenges facing trade unions in India, including
those related to collective bargaining. The authors argue that trade unions need to adapt
to the changing economic and political landscape in order to remain
relevant and effective in representing
the interests of workers. The study emphasizes the importance of developing the skills and capacity
of trade union leaders to negotiate effectively with employers. (Dr. A. Soundararajan and Dr. R. Sujatha (2018))
METHODOLOGY:
An empirical research method has been
used for the purpose of this study. A total of 205 samples have been collected
through a convenient sampling method. The data collection process was done by an online survey through Google
forms. The independent variables are age, gender, educational qualifications and marital status. The dependent
variables include identifying the issue
and negotiating, the main challenges, the collective bargaining establishes the
rights and duties, collective bargaining can be initiated for and multiple
unions reduce the bargaining power.
Analysis:
Fig. 1
Legend:
Fig.1
represents the gender of the respondents regarding the challenges faced by the
trade union during collective bargaining.
Fig. 2
Legend:
Fig.2
represents the age of the respondents regarding the challenges faced by the
trade union during collective bargaining.
Fig. 3
Legend:
Fig.3 represents the educational
qualifications of the respondents regarding the challenges faced by the
trade union during collective bargaining.
Fig. 4
Legend:
Fig.4 represents the place of living of the respondents regarding the challenges faced by the trade union
during collective bargaining.
Fig. 5
Legend:
Fig.5
represents the occupation of the respondents regarding the challenges faced by
the trade union during collective bargaining.
Fig. 6
Legend:
Fig.6
represents the agreeability of the respondents regarding the identifying and
negotiation are important of the challenges faced by the trade union during collective bargaining.
Fig. 7
Legend:
Fig.7 represents the main challenges of collective bargaining by the respondents regarding the challenges faced by the trade union during collective bargaining.
Fig. 8
Legend:
Fig.8 represents that the collective bargaining establishes the rights and duties regarding
the challenges faced by the trade union during
collective bargaining.
Fig. 9
Legend:
Fig.9 represents the agreeability of
the respondents regarding that multiple trade unions have reduced the powers of the labours
regarding the challenges faced by the trade union during collective bargaining.
Fig. 10
Legend:
Fig.10 represents the benefits of collective bargaining regarding the challenges faced by the trade union
during collective bargaining.
Fig. 11
Legend:
Fig.11 represents the correlation of the gender of the respondents and agreeability that identifying and negotiating are very important for collective bargaining.
Fig. 12
Legend:
Fig.12
represents the correlation of the
gender of the respondents and what are the main challenges of
collective bargaining.
Fig. 13
Legend:
Fig.13
represents the correlation of the
educational qualifications of the respondents and whether collective
bargaining establishes the rights and duties.
Fig. 14
Legend:
Fig.14
represents the correlation of the
educational qualifications of the respondents and agreeability that
identifying and negotiating are very
important for collective
bargaining.
Fig. 15
Legend:
Fig.15
represents the correlation of the
educational qualifications of the respondents and collective bargaining
can be initiated for what purposes.
Result:
% of respondents are males and 49.8%
of the respondents are females (fig.1).
42.4% of the respondents come under
the age category of 18 to 30 (fig.2).
43.9% of respondents are under graduates
(fig.3). 59.0% of respondents are
residing in urban areas (fig.4).
34.6% of respondents are students who
belong to the category of others (fig.5).
43.9% of respondents strongly agreed that
identifying and negotiating are very important (fig.6). 27.3% of respondents responded that political domination is the major challenge of collective bargaining (fig. 7).
80.5% of respondents responded that collective
bargaining establishes the rights and duties of the laborers (fig.8).
50.2% of respondents strongly agreed that multiple unions have reduced the
power of collective bargaining (fig.9). 29.3% of respondents responded
that collective bargaining can be initiated
for better working conditions (fig. 10).
61.2% of male respondents strongly agreed that
identifying and negotiating are very important (fig.11).
54.4% of male respondents responded that political
domination is the major challenge
of collective bargaining (fig. 12). 100% of respondents responded that collective
bargaining establishes the rights and duties of the laborers (fig.13). 69.0% of respondents strongly agreed that identifying and negotiating are very important (fig.14). 100% of respondents responded that collective bargaining
can be initiated for work hours (fig. 15).
Discussion:
It
is observed that the majority
of the respondents are male (fig.1). It is observed that the majority
of the respondents come under the age category of 18 to 30 (fig.2). It is observed that the majority of the respondents are under
graduates (fig.3). It is observed
that the majority of the respondents
are living in urban areas (fig.4).
It is observed that the majority of the respondents are students (fig.5). It is observed that the majority of the
respondents strongly agreed that identifying
and negotiating are very important (fig.6). It is observed that the majority of the respondents responded that political
domination is the major challenge of collective bargaining (fig.
7). It is observed that the
majority of the respondents responded that collective bargaining establishes the rights and duties of the laborers
(fig.8). It is observed
that majority of respondents
strongly agreed that multiple unions have reduced the power of collective
bargaining (fig.9). It is observed that the majority of respondents responded
that collective bargaining can be initiated for better working conditions (fig. 10). It is observed that the majority
of male respondents strongly
agreed that identifying and negotiating are very important (fig.11). It is observed
that the majority of male respondents responded that political domination is
the major challenge of collective bargaining (fig. 12).
It is observed that the
majority of respondents responded
that collective bargaining establishes the rights and duties of the laborers (fig.13). It is observed that the majority of respondents strongly agreed that
identifying and negotiating are very
important (fig.14). It is observed
that the majority of respondents responded that collective bargaining can be initiated for work hours (fig. 15).
Conclusion:
In
conclusion, trade unions
in India face several challenges during collective bargaining. Some of the significant challenges include the lack of union
recognition, weak legal framework, low membership,
inadequate bargaining power, and limited scope of bargaining. Additionally, the frequent interference by the management
and government further complicates the bargaining process. Despite these challenges, trade unions can overcome
them by developing effective communication channels
with workers, collaborating with other unions,
building stronger bargaining power, and leveraging technology to reach a larger audience. Additionally, it is essential to advocate for legislative reforms
that support workers'
rights and strengthen the bargaining
process. Overall, collective bargaining is a crucial process that allows
workers to negotiate better working conditions, wages, and
benefits. To ensure that workers' voices are
heard and their interests are protected, trade unions must continue to
adapt and overcome the challenges they face during collective bargaining.
Reference:
1. Raghavendra
Guduru and Anand Kumar K, Challenges Faced by Trade Unions during Collective Bargaining
in India
2. Priti Jain and
Kalyani Khairnar, Challenges Faced by Trade Unions in India: A Critical Analysis
3. Partha Pratim
Mitra, Collective Bargaining in India: Challenges and Prospects.
4. S. Venkatesh
and K. R. S. Murthy, Collective Bargaining in India: Issues and Challenges
5. Arun Kumar
and Prashant Sharma, The Challenges of Collective Bargaining in India
6. Bhavya Khandelwal
and Neeraj Khandelwal (2018), Challenges Faced by Trade Unions in Collective
Bargaining in India
7. Avinash Kumar
Singh (2021), Collective Bargaining and Trade Union Challenges in India
8. T.S. Siva Subramanian
and R. Gopinath (2019), Challenges of Collective Bargaining in Indian Trade
Unions: A Study
9. Satyendra Nath
Mishra and Saurabh Kumar Mishra (2020), Collective Bargaining in India: Challenges
and the Way Forward
10. Deepika Pandey
and Amit Yadav (2021), Challenges Faced by Trade Unions in Collective Bargaining:
An Indian Perspective
11. V. B. Jugale
and S. R. Walke, Challenges Faced by Trade Unions in Collective Bargaining: An
Indian Perspective
12. Radhika Kapoor,
Collective Bargaining in India: The Role of Trade Unions and Challenges Ahead
13. Manoj Kumar,
Challenges Faced by Trade Unions in India
14. S. Srinivasan,
Collective Bargaining in India: Opportunities and Challenges
15. R. K. Dubey,
Challenges and Opportunities for Trade Unions in India
16. Dr. Sanjay Singh
and Dr. Rajeev Kumar Singh (2018), Challenges of Collective Bargaining in
India: A Study of Trade Union Movement
17. Dr. Dhanraj
Jangid (2020), Challenges Faced by Trade Unions in India
18. Dr. Sunita Singh
and Dr. R.K. Srivastava (2019), Collective Bargaining in India: Opportunities
and Challenges
19. Dr. T.K. Arun
and Dr. R. Sudha (2017), The Challenges of Collective Bargaining in India: An
Empirical Study
20. Dr. A. Soundararajan
and Dr. R. Sujatha (2018), Trade Unions in India: Issues and Challenges
Article Information
A STUDY ON THE CHALLENGES FACED BY THE TRADE UNION DURING COLLECTIVE BARGAINING UNDER INDIAN LEGISLATIONS
Authors: BABITHA. W. K, MR. A. SIVANANDAM
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/12
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.