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Essay / Examining the advantages and disadvantages of the negotiation process between employer and employees
Table of contentsIntroductionWhat is collective bargaining and how does it work?Advantages and disadvantages of collective bargainingAdvantagesDisadvantagesCollective bargaining alternatives in the UAE in the absence of unionsConclusionIntroductionIn light of several Following high-profile strikes in recent years in Dubai and particularly in the construction sector, member countries of the Gulf Cooperatives Council, including the United Arab Emirates, are discussing the possibility of forming unions. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”?Get an original essayThe most important goal of unions is to be able to reach collective agreements between workers and employers after conducting collective bargaining necessary. In this mission, we will define collective bargaining, how it works as well as its advantages and disadvantages. We will also examine the alternatives or avenues that are adopted or followed to conduct collective bargaining in the UAE in the absence or current illegality of trade unions. What is collective bargaining and how does it work? Hayter defines collective bargaining as a process by which employees negotiate their payment terms. Employee demands are presented to workers' unions and concern health insurance, retirement benefits, overtime pay, occupational hazard compensation and workplace safety payments. Before negotiation procedures, employees generally discuss remuneration conditions that would promote their quality of life. Similarly, Clark, Delaney, and Frost report that the process improves industrial business and worker-employer relations. It should be noted that worker unions have mutual interests since negotiations benefit their members. According to Colosi, Thomas, and Berkeley, unions typically select members to represent them in bargaining procedures that take place between employers and workers' union committees. Legally, it is mandatory to have a contract outlining the agreements after the collective bargaining process. In the United States, for example, the majority of workers in the public and private sectors have the right to bargain collectively. A collective agreement is a contract that stipulates the agreements made between employees, union representatives and employers, and describes the agreed agreements. payment terms. All parties must participate in the development of the collective agreement, the main objective of which is to renew the terms and rates of payment. In summary, collective agreements constitute: the cover clauses, the mechanisms to resolve future problems, the conditions relating to the agreement and the expiration dates. Collective bargaining procedures take place in public and private organizations in the United States. Additionally, they give workers the opportunity to resolve their conflicts peacefully. Collective bargaining topics fall into three categories: obligatory, permissive or illegal. Mandatory topics are matters that must be discussed if either party requests it. Examples of required subjects include: wages and salaries, sick leave entitlement, hours of work, promotions, retirement plans, health insurance, and job duties. While permissive topics are non-obligatory questions whoseeither party asks to talk but is not obligated to do so. Examples of permissive questions are: retirement benefits and employment conditions. And finally, illegal or prohibited topics are topics that break the law and that neither party can discuss. For example, the topic of discrimination against certain groups of people is not allowed. The employer and the union discuss their concerns, present information demonstrating the rationality of their demands and attempt to reach an agreement. If the parties cannot resolve one or more issues, they reach an impasse. At this point, the union can potentially call a strike or, conversely, the employer can lock out unionized workers. There are many ways to deal with gridlock, strikes and lockouts. These include mediation and arbitration. The employer's duty to negotiate includes the obligation to provide the union with any relevant and necessary information upon request in order to enable union agents to negotiate intelligently and effectively. Advantages and Disadvantages of Collective Bargaining Collective bargaining, which is a process of group bargaining rather than individual negotiation, should ultimately result in an agreement between a group of workers and their employer's management regarding terms of employment; i.e. pay rates, leave, overtime, bonuses, working hours, subsidies, etc. This process has existed since industrialization, unions, employee associations and similar organizations existed. The objective of collective bargaining is to pave the way for a better workplace where the interests of employees and the employer as well as the quality of work are taken into account. Collective bargaining has played an important role in the evolution of industries by 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 advantages and disadvantages of collective bargaining are universally recognized. 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 resolve problems and resolve problems. , while both enjoying equal status that can be used to achieve their collective goal for mutual benefit. This can lead to a high-performing workplace. Collective bargaining is a legally sound platform because it sets out the rights of management and workers to enable everyone to know their roles, duties and limits. It also establishes a clear mode of communication that promotes a viable two-way relationship between staff and management. Collective bargaining promotes better planning because it allows management to plan the future of the company based on time-limited agreements resulting from collective bargaining. It also allows the company to have predictability in its expenses or budgets by controlling salaries and remuneration in a planned manner in advance, thus ensuring its financial stability. Collective bargaining promotes fairness and consistency in employment policies and personnel decisions and allows the protection of everyone's interests. rights and well-being; it is not strongly oriented towards management or towards employees. Collective bargaining empowersworkers and a healthy relationship develops between all departments and hierarchical levels of an organization. Collective bargaining is essentially a complementary, non-competitive process as each party requires. something that the other has; that is, workers can exert greater productive effort and management has the capacity to pay for this effort and to organize and guide it to achieve its goals. Collective bargaining provides room for compromise because it allows for mutual concessions between parties before the final outcome. an agreement is reached.DisadvantagesCollective bargaining reduces the authority of owners and management in the face of strong and/or influential unions. This therefore limits the freedom that management generally likes to have to make quick and sometimes unpopular decisions necessary for the ultimate survival of the organization. Consequently, this increased bureaucratization makes collective bargaining time-consuming and slows down/complicates the decision-making process since there is no authoritarianism. Although collective bargaining is meant to bridge the communication gap between employers and employees, it can potentially create a significant divide between employees and managers through face-to-face confrontations. Collective bargaining reduces individuality because it restricts 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 collective bargaining agreement without exception; therefore, ultimately the interests of all employees may not be represented. Collective bargaining could be a solution to labor disputes, but it lacks representation of the public interest at the bargaining table: an increase in wages and improved facilities for workers can indirectly lead to higher prices of goods and services. Critics of collective bargaining argue that it can hinder economic growth and periodically endanger the health and safety of a nation 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 avoiding 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 unions UAE labor law provides an alternative mechanism for resolving collective labor disputes, as the formation of unions is not permitted under UAE law United Arabs. The UAE labor law has established a mechanism for resolving collective disputes, the claims of which are made by all or some employees working in the same organization. against their employer under the supervision of the UAE Ministry of Labor. According to Article 155 of the UAE Labor Law, if the employer (first party) and employees (second party) cannot resolve their dispute amicably, they must follow a certain procedure. First, employees must submit a written complaint, with a copy to the employer and another copy to the Department of Labor, the employer must then submit a written response to the complaint within 7 working days from the date to which he received the complaint with a copy also sent to the labor department, but in the event that the employer does not submit a response with..