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Collective Bargaining is a fundamental right rooted in the ILO Constitution, reaffirmed as such in the 1998 ILO Declaration on Fundamental Principles and Rights at Work, and enshrined in the Constitution of Guyana
Here is what the International Labour Organisation (ILO) says about Collective Bargaining:-
“Collective bargaining is a fundamental right. It is rooted in the ILO Constitution and reaffirmed as such in the 1998 ILO Declaration on Fundamental Principles and Rights at Work. Collective bargaining is a key means through which employers and their organizations and trade unions can establish fair wages and working conditions.
“It also provides the basis for sound labour relations. Typical issues on the bargaining agenda include wages, working time, training, occupational health and safety and equal treatment. The objective of these negotiations is to arrive at a collective agreement that regulates terms and conditions of employment.
“Collective agreements may also address the rights and responsibilities of the parties thus ensuring harmonious and productive industries and workplaces. Enhancing the inclusiveness of collective bargaining and collective agreements is a key means for reducing inequality and extending labour protection.”
Here’s what the Constitution of Guyana says about Collective Bargaining
Article 147 ‘Protection of freedom of assembly, association and demonstration.’
(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of assembly, association and freedom to demonstrate peacefully, that to say, his or her right to assemble freely, to demonstrate peacefully and to associate with other persons and in particular to form or belong to political parties, trade unions or other associations for the protection of his or her interests.
(2) Except with his or her own consent no person shall be hindered in the enjoyment of his or her freedom to strike.
(3) Neither an employer nor a trade union shall be deprived of the right to enter into collective arguments.
(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision –
(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
(c) that imposes restrictions upon public officers; or
(d) that imposes an obligation on workers to become contributors to any industrial scheme or workers’ organisation intended to operate or provide for the benefit or welfare of such workers or of their fellow workers or of any relative and of any of them.
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Here is what the Trade Union Law says about the employer treating with workers
Trade Union Recognition Act, Cap 98:07
Section 23 (1) Compulsory recognition and duty to treat –
“Where a Trade Union obtains a certificate of recognition for workers comprised in a bargaining unit in accordance with this Part, the employer shall recognised the Union, and the union and the employer shall bargain in good faith and enter into negotiations with each other for the purpose of Collective Bargaining.”
