Recognition & Collective Bargaining

A union’s real power is the right to speak for all workers. The IR Code 2020 channels this through a formally recognised Negotiating Union or Council.

Recognition — Negotiating Union (Sec. 14)

flowchart TD
    REC["Recognition as Negotiating Union — S.14"]:::root
    REC --> T1["Sole negotiating union if a union has<br/>51% membership in the establishment"]:::cond
    REC --> T2["If no single union has 51% — a joint<br/>Negotiating Council of unions with 20%+ each"]:::cond
    REC --> T3["Recognition valid for 3 years"]:::detail
    REC --> T4["Dispute over recognition — Industrial Tribunal decides"]:::detail

    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef cond fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef detail fill:#F0F8FF,stroke:#4682B4,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Collective Bargaining

Collective bargaining is the process by which the recognised Negotiating Union/Council and the employer negotiate the terms of employment on behalf of all workers.

Feature	Detail
Constitutional basis	Art. 19(1)(c) — freedom of association implies the right to bargain collectively
Who may bargain	Only the Negotiating Union/Council (S.14)
Outcome	A settlement — binding on all workers, members or not (S.2(zf))
Duration	Minimum 3 years (S.55)
Settlement vs Award	Settlement is negotiated; an award is imposed by the Tribunal

A settlement reached through collective bargaining has statutory force and binds even workers who are not union members — this is what makes recognition so valuable.

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