Before it can represent its members in collective bargaining, a union must first be recognized by the employer. The procedure for the recognition of the trade union is provided for in the rules on labour relations (recognition of a workers` union). For more details on the conditions for submitting a collective agreement, the types of disputes and the different channels for filing an application with the IAC, visit the IAC website. MOM will hold a conciliation meeting within 14 days of receiving notice from one of the parties and will invite management and the union to the meeting to assist both parties in resolving the dispute amicably. This collective bargaining process can be initiated either by the employer or by the union. The party wishing to enter into negotiations for a collective agreement is required to notify a termination and the receiving party is required to accept the invitation to negotiate. Negotiations between the employer and the union should begin as soon as possible. A collective agreement is an agreement between an employer and the union on the working and employment conditions of workers. The collective agreement is valid for at least 2 years and a maximum of 3 years. Once a collective agreement is signed, it must be submitted to the Labour Arbitration Tribunal for confirmation within one week from the date of signature. The Labour Relations Act is a law regulating relations between employers and employees and aimed at preventing and settling commercial disputes through collective bargaining, conciliation, arbitration and tripartite mediation of individual disputes. The purpose of the Act is to prevent and resolve labour disputes through collective bargaining, conciliation and arbitration by the Labour Arbitration Tribunal. The Court ruled that former workers were subject to reductions of one month per year of seniority, in proportion to each year of incomplete service.
However, collective bargaining does not infringe on an employer`s rights: in the event that a commercial dispute cannot be settled after conciliation at MOM and negotiations have been blocked, the commercial dispute can then be referred to the Court of Industrial Arbitration (IAC) for conciliation. Escalating a commercial dispute at the IAC for arbitration proceedings should only be a last resort if all attempts to reach an agreement through conciliation have failed….