Legal framework of collective bargaining in nigeria pdf

International journal of administration and development studies, 31. Constitutional provisions does your countrys constitution include the right to collective bargaining. This contained the influential observation that there is, perhaps, no major country in the world in which the law has played a less significant role in the shaping of collective labour relations than in great britain kahnfreund, 1954. Collective bargaining and the lra southern african legal. The legal framework of collective bargaining in the nigerian. This contribution builds on the assumption that collective bargaining outcomes are influenced by inter alia political, socioeconomic, and legal constrains. A strong bond between the employers and employees contribute to the successful working of the company. Laws of the federation of nigeria 1990 give legal immunity to workers both in their personal capacities and as trade. The general unenforceability of collective agreements.

Chapter 4 collective bargaining abridged contents page. The basic legal framework of collective bargaining and collective disputes resolution is. The use of race as a functional tool in the hands of both employers to divide the working class and to increase profits and white workers to obtain and maintain material privileges, status, etc. This study takes stock of current legal frameworks and practices relating to collective bargaining, arising after the new law on social dialogue was adopted in 2011. The need for stability is very crucial in order to promote collective bargaining which helps to achieve social justice in the workplace. Nigeria labour law provides for automatic recognition of trade unions for collective.

International journal of advanced legal studies and governance, vol. Get free research paper on impact of collective bargaining on industrial disputeproject topics and materials in nigeria. This is approved for students in accountancy, business, computer science, economics, engineering, arts. Section 254 a 1 establishes the national industrial court. As strikes are mostly related to collective bargaining, distinct. Some objectives of trade unions such as negotiation, representative body, maintenance of employeeemployer relationship, and promotion of members welfares were noted. Typically, the agreement establishes wages, hours, promotions, benefits, and other employment terms as well as procedures for handling disputes arising under it. Collective bargaining cb was first introduced in bangladesh under the framework of industrial relations ordinance, 1969 7. Any law, which is inconsistent with its provisions, are to the extent of the inconsistency null and void. Labour relations policy framework for the public service. Some variations or distinctive features 59 state governments, much less the asian employers who are even more exploitative of workers, than their nigerian counterparts. The constitution of the federal republic of nigeria 1999 is the supreme law of the country.

The legislative framework of collective bargaining in. Africa such as kenya, zambia, and nigeria, as well as ghana, the state has seen a. There is no express constitutional provision in australia that includes the right to collective bargaining. The objective of the paper is to highlight the weaknesses of the legal framework within which collective bargaining operates in nigeria. Legal framework of collective bargaining the legal framework on collective bargaining is governed by the provisions of the labor act 2006. The legal framework of collective bargaining in the. Pdf the principle of collective bargaining in nigeria. Not only are many strikes unofficial, strikers all too often do not care much about the law. No strike and no lockout clauses in collective bargaining agreement.

The paradox of agreement without agreement vincent iwunze faculty of law, university of uyo, uyo, nigeria email. However, in nigeria, the obverse is the case as collective bargaining gained its root in the public sector owing to the near absence of private sector at the turn of the century. Successful collective bargaining is crucial to the attainment of industrial peace in nigeria. Even if a huge part of african economies stands beside the legal framework through informality and poor compliance, the regulatory framework of the labor market is surely one.

Legal framework and existing practices of collective bargaining in ukraine ilo, kyiv, 2012. In the nigerian context, collective bargaining is a form of direct intervention. To appreciate the roles of trade unions, there is the need to look beyond the enterprise and consider what happens on the national scene. Collective bargaining is an important element in industrial relations. In the case of singleemployer bargaining, the parties may share a common interest in the prosperity of the enterprise. Although an employer need not agree to a new prehire agreement upon contract expiration, if it verbally agrees to such a new agreement, it will have a legal duty to sign such an agreement upon request of the union. The process through which a labor union and an employer negotiate the scope of the employment relationship a collective bargaining agreement is the ultimate goal of the collective bargaining process. The roles of labour union in nigeria industrial harmony. If management recognises the employees chosen representatives as a bargaining partner of equal standing, this may help. In the subcontinent collective bargaining was introduced in the 20th century. The legal framework of collective bargaining in the nigerian public sector a process approach.

Collective bargaining procedure can be compared with the poker game in which the highest points go to those who combine deception, bluff and luck and have the ability to come up with a strong hand whenever they are. Discuss dispute resolution in zambia collective bargaining and the zambian legal context recognition and collective bargaining effective management of discipline. Collective bargaining legal definition of collective. Download pdf 965 kb abstract this paper is directed at exploring the legal framework of collective\ud bargaining in the nigerian public sector using a process approach. The main focus of labour relations in industry is seen as the one which emphasizes the development of peaceful relations, mutual respect for. This paper xrayed the fate of employees in nigeria against the backdrop of. Collective bargaining helps to make the relationship between employees and employers smooth.

Legal framework and current practices of collective bargaining in ukraine. The legal frame work of trade union activism and the role. An analysis of industrial relations practice in nigeria. An appraisal of the legal framework for adjudication of. Legal framework and current practices of collective. Social dialogue, collective bargaining, and labormanagement. Collective bargaining and conflict resolution in nigerias. This article overviews development in labour relations and the laws relating to trade union and the trade dispute resolutions or adjudications by the national industrial court nic of nigeria, the nigerian governments. Handbook to the new worker, the union should give him a union manual. The negotiation process has been visualized in different ways. Section 51xxxv of the australian constitution gives the. This paper examined the roles of labour union in nigeria industrial harmony and development. Legal framework for resolution of industrial disputes the machinery for the adjudication of industrial disputes in nigeria originates from the 1999 constitution, the countrys grundnorm, as amended by the third alteration act, 2010.

Pdf the principle of collective bargaining in nigeria and the. This paper is directed at exploring the legal framework of collective bargaining in the nigerian public sector using a process approach. The current status of collective bargaining and its. Volume 1 dwells on the nigerian industrial relations institutional and legal framework, trades unions and trade unionism, wage bargain and conflict relations. Nigerian labour law provides for automatic recognition. A the legal framework of collective bargaining 1, 2 the norwegian constitution, of 1814, contains a rather brief bill of rights only. Overview of industrial relations practice and the structure of collective bargaining in nigeria.

Importance of collective bargaining in industrial relations. Discuss the role of collective bargaining in the namibian labour system analyse the concept of the employers duty to recognise and bargain with a trade union explain the legal status of collective agreements discuss the. Collective bargaining constitutes an important means by which workers seek to satisfy their economic and social interests. The legal framework of collective bargaining in nigeria.

Both the partiesemployers and employees collectively take some action. The importance, effect, causes, relationship, comparison, history, role, solutions are discussed. Collective bargaining in zimbabwe collective bargaining. The legal framework regarding strikes in nigeria p. Introduction the impact and effect of globalisation on south africa, requires the public service, like other sectors of the economy, to rapidly adapt to the changing environment. In other words, there are legal provisions regulating collective bargaining and industrial relations generally, but these. Collective bargaining subject to government approval collecting bargaining agreements in zimbabwe according to the labour act is negotiated by registered or certified trade unions, employers and employers organisations or federations. Senior lecturer, law unit, department of accountancy, akwa ibom state polytechnic, ikot osurua and facilitator, noun, uyo study centre abstract. The survey of the south african legislative framework with reference to collective labour law demonstrates that our legislature adopts a pluralist1 approach to labour relations and therefore strongly supports trade unions and collective bargaining, especially at sectoral level. The legal framework of collective bargaining in the nigerian public sector. It is mutual givenandtake rather than takeitorleaveit method of arriving at the settlement of a dispute. Exclusion of new positions from faculty bargaining unit.