Collective Bargaining Case

Introduction

In an organization, it is important for management and employees to be working together in order to enhance the performance of the organization and to be able to have a just share on the benefits of those enhancement. That is why, it is important to have a process in which both parties are able to share their thoughts and search for a way that will bring benefits to both. This is when collective bargaining comes into play. The importance and objectives of collective bargaining should be clearly understood to ensure effective use of the system.

Employees should be given the right to conduct collective bargaining voluntarily because the process of bargaining collectively actually brings benefits more than harm. Research and analysis have showed that the process of having collective bargaining plays an important role in sound economic development in which company will be able to progress economically with better outcomes. Collective bargaining and the right to organize have been recognized by The United Nations and ILO Conventions and Declarations as the basic and fundamental human right that are deserved by everyone and should be universally accepted. All employees, everywhere and anywhere around the globe without any distinction should be given the chance and support to exercise the right of collective bargaining in full freedom. The respect for the right to collective bargaining is a reflection of human dignity and it not only helps to stabilize economic interest of a company, it serves to protect employees and employers from discrimination, harassment and providing better security to them.  

        Therefore, the main aim of this paper is to portray the importance of having a collective bargaining system. It will be started off with the definition of collective bargaining and what were the purposes of having a collective bargaining process. In this paper, the steps and process of conducting collective bargaining will be further elaborated based on Malaysian context. Then, the problems that exist in the collective bargaining system of Malaysia will also be discussed to gain further understanding. We will be able to see to what extent employees in Malaysia are able to exercise their right in collective bargaining and the legal obstacle that has to be faced in order to conduct a collective bargaining process.

Definition of collective bargaining

Collective bargaining is a process that has been on the rise since the early days. It has been practiced at all times and in many countries around the world. The right to organize collective bargaining was first defined and introduced by the International Labor Organization (ILO) through its convention no.98 on 1949. ILO defined the collective bargaining as an activity and process that leads to the conclusion of a collective agreement. Since then, there have been other few definitions on collective bargaining and its process.