IndexIntroductionWhat is collective bargaining and how does it work?Advantages and disadvantages of collective bargainingAdvantagesDisadvantagesAlternatives to collective bargaining in UAE in the absence of trade unionsConclusionIntroductionIn light of several After the highly publicized strikes of recent years in Dubai and particularly in the construction sector, member countries of the Gulf Cooperative Council, including the United Arab Emirates, are discussing the possible formation of unions. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay The most important purpose of trade unions is to be able to reach collective agreements between workers and employers after conducting the necessary collective bargaining. In this assignment we will define collective bargaining, how it works and its advantages and disadvantages. Furthermore, we will examine the alternatives or routes adopted or followed to conduct collective bargaining in the UAE in the current absence or illegality of trade unions. What is collective bargaining and how does it work? Hayter defines collective bargaining as a process through which employees negotiate payment terms. Employee demands are submitted to workers' unions and concern health insurance, pension benefits, overtime payments, occupational hazard compensation and workplace safety payments. Before bargaining procedures, employees typically discuss payment terms that would improve their quality of life. Similarly, Clark, Delaney, and Frost report that the process improves industrial affairs and relations between workers and employers. It should be noted that workers unions have mutual interests as negotiations benefit their members. According to Colosi, Thomas and Berkeley, unions usually select members to represent them during negotiation procedures, which take place between employers and workers' union committees. Legally, it is mandatory to have a contract that outlines the agreements after the collective bargaining process. In the United States, for example, most public and private sector workers have the right to collective bargaining. A collective agreement is a contract that stipulates the agreements made between employees, union representatives and employers and outlines the agreed payment terms. All parties must participate in the drafting of the collective agreement, the main purpose of which is to renew the terms, conditions and payment rates. In summary, collective agreements constitute; coverage clauses, mechanisms to resolve future problems, contract conditions and deadlines. Collective bargaining procedures occur in both public and private organizations in the United States. They also give workers the opportunity to resolve their disputes peacefully. Collective bargaining topics fall into one of three categories: mandatory, permissive, or illegal. Mandatory topics are matters that must be discussed if either party requests it. Examples of mandatory subjects include: wages and salaries, right to sick leave, working hours, promotions, pension schemes, health insurance and job duties. While permissive topics are non-mandatory matters that both parties ask to discuss but are not obligated to do so. Examples of permissive issues are: pension benefits and working conditions. Finally, illegal or prohibited topics are topicswhich violate the law and which neither party can raise. For example, the topic of discrimination against certain groups of people is not permitted. The employer and union discuss the concerns, present information to show the rationality of their demands, and try to reach an agreement. If the parties fail to resolve one or more issues, they reach an impasse. At this point the union could possibly call a strike or, on the other hand, the employer could lock out the union workers. There are many ways to deal with deadlocks, strikes and lockouts. These include mediation and arbitration. The employer's bargaining duty includes the obligation to provide the union with all relevant and necessary information when requested to enable union agents to bargain intelligently and effectively. Advantages and Disadvantages of Collective Bargaining Collective bargaining, which is a process of bargaining in a group rather than individually, is expected to ultimately lead to an agreement between a group of workers and the employer's management regarding working conditions; i.e. wages, holidays, overtime, bonuses, working hours, subsidies, etc. This process has existed as long as industrialization, trade unions, employee associations and similar bodies have existed. The purpose of collective bargaining is to pave the way for a better workplace in which the interests of the worker and the employer, as well as the quality of work, are protected. Collective bargaining has played a significant role in the evolution of industries, protecting the financial and other interests of workers and establishing communication between management and large groups of people. There are many different views on the advantages or disadvantages of collective bargaining in the workplace. However, some of the possible pros and cons of collective bargaining are universally agreed upon. Advantages The greatest advantage of collective bargaining is that management and workers are brought together in a fair system where they can engage in discussions to solve problems and address issues. , while both enjoy an equal position which can be used to achieve their collective goal for mutual benefits. This can lead to a high-performance workplace. Collective bargaining is a legally valid platform as it establishes the rights of management and workers to allow everyone to know their roles, duties and limits. It also establishes a clear mode of communication that promotes a workable two-way relationship between staff and management. Collective bargaining promotes better planning as it allows management to plan the company's future based on time-bound agreements arising from collective bargaining. It also allows the company to have predictability in its expenses or budget by controlling salaries and compensation in a pre-planned manner, thus ensuring its financial stability. Collective bargaining promotes fairness and consistency in employment policies and personnel decisions and allows for the protection of everyone's rights. rights and welfare; it is not strongly oriented towards either management or employees. Collective bargaining empowers workers and a healthy relationship develops between all departments and hierarchical levels of an organization. Collective bargaining is essentially a complementary and non-competitive process as each party needs something that the other has; that is, labor can exert greater productive effort and management has the ability to pay for that effort and to organize and guide it toachieve its goals. Collective bargaining has room for compromise as it allows for mutual give and take between the parties before a final agreement is reached. Disadvantages Collective bargaining reduces the authority of owners and management in the face of strong and/or influential unions. This therefore limits the free hand that executives usually like to possess to be able to make quick and sometimes unpopular decisions necessary for the organization's ultimate survival. Therefore, this increased bureaucratization makes collective bargaining time-consuming and slows down/complicates decision-making as there is no authoritarianism. While collective bargaining is expected to bridge the communication gap between employers and employees, it has the potential to create a significant rift between employees and managers through face-to-face confrontation. Collective bargaining reduces individuality because it limits management's ability to deal effectively with an employee on an individual basis, if and when necessary. All employees must pay union dues even if they do not support unionization, and all union members and management must comply with the terms of a union contract without exception; therefore, in the end, not all employee interests may be represented. Collective bargaining could be a solution for labor disputes, but it lacks public interest representation at the bargaining table: wage increases and better facilities for workers can indirectly lead to high prices of goods and services. Critics of collective bargaining argue that it can hinder economic growth and periodically endanger a nation's health and safety due to the damage that can be inflicted by strikes. Although much attention has been paid to the problem of how to maintain collective bargaining while preventing the damage that could be caused by strikes, no effective solution has yet been found. Alternatives to Collective Bargaining in the UAE in the Absence of Trade Unions UAE labor law provides an alternative mechanism for resolving collective labor disputes, as the formation of trade unions is not permitted under UAE laws. The UAE Labor Law has established a mechanism to resolve collective disputes, claims of which are brought by all or some of the employees working in the same organization against their employer supervised by the labor department in the UAE. According to Article 155 of the UAE Labor Law, if the employer (first party) and the employees (second party) cannot resolve the dispute amicably, they will have to follow a certain procedure. First employees must submit a written complaint, a copy to the employer and another copy to the labor office, the employer must submit a written response to the complaint within 7 working days from the date it received the complaint with a copy also sent to the labor office, but in case the employer does not submit a response within the deadline or his response has not resolved the dispute, the competent labor office, on its own or at the request of a of the parties, will take on the mediation process to resolve the dispute amicably. However, as provided for in Article 155, if the complaint comes from a worker, he must submit the complaint directly to the labor office to initiate mediation. However, if the mediation does not result in a settlement agreement within 10 days of the date.
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