A : National Law
National Labour Legislation
87. Recognition as Exclusive Bargaining Agent of Employees
(1) A registered trade union that represents the majority of employees in an appropriate
bargaining unit is entitled to recognition as the exclusive bargaining agent of employees
in that bargaining unit for the purpose of negotiating a Collective Agreement.
(2) An employer orEmployers’ Association shall not recognise a trade union as an
exclusive bargaining agent under this Act unless it is a registered trade union under the
Workers Trade unions Act, 2013.
(3) A registered trade union may seek recognition as an exclusive bargaining agent of an
appropriate bargaining unit by delivering a request to:
(a) an employer to recognise it as the exclusive bargaining agent of a bargaining unit
consisting of employees or some of its employees;
(b) An Employers’ Association to recognise it as the exclusive bargaining agent of a
bargaining unit consisting of employees of its members.
(c) Within thirty days after the receipt of the request, the employer or theEmployers’
Association shall notify the trade union in the prescribed form either that:
(i) It recognises the trade union as the exclusive bargaining agent of employees in the
bargaining unit as proposed by the trade union or agreed to by the trade union and
the employer;
(ii) It refuses to recognise the trade union because it disputes the appropriateness of
the proposed bargaining unit or that the Trade union does not represent the
majority of employees as proposed to be the bargaining unit.
(4) If the employer or theEmployers’ Association fails or refuses to notify the trade union
as required under sub-section (4) above or notifies its refusal to recognise the trade
union, the trade union may apply to the Commission for an order recognising the trade
union as the exclusive bargaining agent.
(5) If, upon application by a registered trade union, the Commission is satisfied that the
trade union represents the majority of the employees in the agreed bargaining unit or
that the Commission considers the bargaining unit to be appropriate, the Commission
may make an order declaring the trade union to be recognised as the exclusive
bargaining agent of the employees in the agreed or appropriate bargaining unit.
(6) In determining the appropriateness of a bargaining unit for the purposes of sub-section
(6) above, the Commission shall:
(a) take the organisational structure of the employer into account; and
(b) Promote orderly and effective collective bargaining with a minimum division of
Employers’ Association structure.
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(7) If an employer orEmployers’ Association has recognised a registered trade union as an
exclusive bargaining agent and the trade union no longer represents the majority of an
employees in the bargaining unit, the employer orEmployers’ Association shall:
(a) give the trade union notice in the prescribed form to acquire a majority within
three months;
(b) Withdraw recognition from that trade union if it fails to acquire that majority at
the expiry of the three-month period.
(8) On application by a trade union affected by action taken under sub-section (8) above,
the Commission may, subject to the principles set out in sub-sections (6) and (7) above,
make an order:
(a) declaring that the trade union represents a majority of employees in the
bargaining unit;
(b) giving the trade union a further opportunity to acquire a majority;
(c) altering the bargaining unit;
(d) Withdrawing recognition of the trade union as the exclusive bargaining agent of
the employees in the bargaining unit.
(9) A registered trade union, which has been recognised as an exclusive bargaining agent in
respect of the bargaining unit in question has a duty to represent the interests of every
employee falling in that bargaining unit, whether or not employees are members of that
trade union.
B : CEACR
CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)
Articles 4 and 6. Collective bargaining for civil servants not engaged in the administration of the State. The Committee had requested the Government to take the necessary measures to ensure that national legislation guarantees the rights provided in the Convention to the civil servants not engaged in the administration of the State. Noting the absence of information in this regard, the Committee is bound to reiterate its request.
