Section 13 (Collective Bargaining) EMS Module
Collective bargaining is a process of collective negotiation between an employer or an employers’ trade union and a workmen’s trade union to reach a collective agreement.
Either party, whether the employer/employers’ trade union or the workmen’s trade union, may invite the other party in writing to commence negotiations.
There are two (2) circumstances that may lead to a dispute during the collective bargaining process:
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- Refusal to commence collective bargaining, involving either the first collective agreement or the renewal of an existing collective agreement.
- A deadlock in collective bargaining, where both parties fail to reach a mutual agreement on the disputed articles within the collective agreement.
Section 18 (Reference of Trade Disputes) EMS Module
An industrial dispute or “trade dispute” is defined under Act 177 as any dispute between an employer and their workmen which is connected with the employment or non-employment or the terms and conditions of employment or the conditions of work of any such workmen.
Employment-related
- Refusal to commence collective bargaining
- Deadlock in collective bargaining
- Task list
- Work process
Non-employment related
- Failure to comply with labour standards and statutory provisions relating to facilities and other non-monetary benefits.
- Violation of workmen’s rights, unfair labour practices or oppression of workers.
Terms and Conditions of Employment
- Disputes concerning any terms or conditions of a contract of service, a Collective Agreement, or any written law, whether express or implied.
- In the form of monetary or non-monetary benefits.
Working regulations for any such employees
Disputes concerning workplace regulations, such as basic facilities and work equipment appropriate to the assigned duties and responsibilities.