Collective Bargaining: A Critical Analysis Of The Concept, Legal Framework, Merits And Demerits
- IJLLR Journal
- Apr 4
- 1 min read
Sanatana Ravi, Vellore Institute of Technology, Chennai
British social reformer and economist Beatrice Webb is widely credited with coining the term
"collective bargaining" around 1891.
ABSTRACT
Collective bargaining is one of the most significant mechanisms in modern labour relations, enabling workers and employers to negotiate the terms and conditions of employment in a structured and democratic manner. It serves as an essential tool for balancing the unequal bargaining power between employees and management and plays a crucial role in promoting industrial peace and stability. The concept of collective bargaining has gained international recognition as a fundamental right of labour under the International Labour Organisation (ILO), particularly in relation to the principles of freedom of association and the right to organise. In the Indian context, although collective bargaining is not explicitly guaranteed as a constitutional right, several labour legislations, such as the Trade Unions Act, 19261 and the Industrial Disputes Act, 1947, provide the necessary legal foundation for its functioning. Judicial interpretation has significantly contributed to the recognition and development of collective bargaining, and it acts as an important aspect of industrial democracy. This research article critically examines the concept of collective bargaining, its legal framework, process, and the techniques involved. Furthermore, the paper analyses important landmark case law and evaluates in detail the merits and demerits of collective bargaining, which form the core focus of this study.
Keywords: Collective bargaining, Legal Framework, Trade Union, Case laws, Labour Convention.
