{"id":861,"date":"2020-01-24T14:21:16","date_gmt":"2020-01-24T14:21:16","guid":{"rendered":"http:\/\/www.marumeandfuridzo.com\/?p=861"},"modified":"2024-01-05T13:13:25","modified_gmt":"2024-01-05T13:13:25","slug":"collective-bargaining-agreements","status":"publish","type":"post","link":"http:\/\/www.marumeandfuridzo.com\/collective-bargaining-agreements\/","title":{"rendered":"Collective Bargaining Agreements"},"content":{"rendered":"
Collective Bargaining Agreement (CBA) refers to a written contract negotiated through collective bargaining for employees by one or more trade unions or workers\u2019 committee with the management of a company or employers organization in a particular industry, that regulates the terms and conditions of employees at work.<\/p>\n
The Labour Act Chapter 28:01<\/strong> recognizes CBAs negotiated between trade unions (registered or unregistered) and employers\u2019 organizations in a particular industry. (See Part X of the Act.)<\/p>\n A collective bargaining agreement may make provision for the following among other things;<\/p>\n \u00a0<\/strong>The law further provides that a CBA shall not contain any provision which is inconsistent with the Labour Act or any other enactment, and any CBA which contains any such provision shall, to the extent of such inconsistency, be construed with such modifications, qualifications, adaptations and exceptions as may be necessary to bring it into conformity with the Act or such other enactment.<\/p>\n The law also recognizes the right of the employer and his employees to agree on the introduction of rates of pay which are higher than those stipulated in the CBA in a particular industry. Put differently, a CBA is used as the minimum benchmark.<\/p>\n After negotiation, a CBA shall be submitted to the Registrar of Labour for approval and registration. Upon registration of a CBA the Minister shall publish the agreement as a statutory instrument. The terms and conditions of a registered CBA shall be binding and effective upon the date of such publication and\/or any date specified in the agreement.<\/p>\n It is important to point out that failure to observe the terms and conditions stated in a CBA is an unfair labour practice which can result in the employer facing litigation.<\/p>\n The contents of this article are for general information purposes only and do not constitute our legal or professional advice. We accept no responsibility for any loss or damage of whatsoever nature which may arise from reliance on any of the information published herein.<\/p>\n Copyright \u00a9 Marume & Furidzo Legal Practitioners 2020<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" Collective Bargaining Agreement (CBA) refers to a written contract negotiated through collective bargaining for employees by one or more trade unions or workers\u2019 committee with the management […]<\/p>\n","protected":false},"author":1,"featured_media":1429,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[143,144,35],"yoast_head":"\n\n