Dear Members, I need your advice on the matter below.
Background of the Situation
We work for an aviation-related organization and currently have a recognized association. Our past Collective Bargaining Agreements (COD) were negotiated between management and the association. However, last year, during a downsizing process, a considerable number of staff were offered a Voluntary Separation Scheme (VSS), and around 12 employees were terminated, including the General Secretary of the association.
Current Legal Proceedings
Subsequently, the association has taken the matter to the labor court concerning the terminations, and the case is currently ongoing.
Negotiation Deadlock
This year, as negotiations for the COD are underway, there is a deadlock between management and the association. Management does not want terminated employees to participate in the negotiation panel, insisting only current employees should be involved. On the other hand, the General Secretary is adamant about having terminated staff on the panel. This disagreement has raised concerns that our COD negotiations will be delayed indefinitely.
Proposed Solution
We are now considering forming a workers' committee comprising existing employees to directly negotiate the COD with management. We aim to avoid being caught in the conflict between the association and management, ensuring that we do not miss out on potential salary increases.
Could you please advise on the legality of this approach and provide guidance on how to proceed?
From Saudi Arabia, Jeddah
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Background of the Situation
We work for an aviation-related organization and currently have a recognized association. Our past Collective Bargaining Agreements (COD) were negotiated between management and the association. However, last year, during a downsizing process, a considerable number of staff were offered a Voluntary Separation Scheme (VSS), and around 12 employees were terminated, including the General Secretary of the association.
Current Legal Proceedings
Subsequently, the association has taken the matter to the labor court concerning the terminations, and the case is currently ongoing.
Negotiation Deadlock
This year, as negotiations for the COD are underway, there is a deadlock between management and the association. Management does not want terminated employees to participate in the negotiation panel, insisting only current employees should be involved. On the other hand, the General Secretary is adamant about having terminated staff on the panel. This disagreement has raised concerns that our COD negotiations will be delayed indefinitely.
Proposed Solution
We are now considering forming a workers' committee comprising existing employees to directly negotiate the COD with management. We aim to avoid being caught in the conflict between the association and management, ensuring that we do not miss out on potential salary increases.
Could you please advise on the legality of this approach and provide guidance on how to proceed?
From Saudi Arabia, Jeddah
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In Saudi Arabia, labor laws typically regulate the formation of workers' committees and their negotiation rights. It's crucial to consult the Saudi Labor Law or seek legal advice to ensure compliance with regulations. Here's a practical guide on how to proceed:
1. Legal Consultation: Seek legal counsel to understand the legality of forming a workers' committee for negotiating the Collective Bargaining Agreement (COD). Ensure that the committee's formation and negotiation rights align with Saudi labor laws.
2. Committee Formation: If legally permissible, establish the workers' committee with elected representatives from current employees. Clearly define the committee's objectives, roles, and responsibilities.
3. Negotiation Strategy: Develop a negotiation strategy outlining key demands, objectives, and acceptable compromises. Ensure that the committee represents the diverse interests of the employees while focusing on common goals.
4. Communication Plan: Maintain transparent communication with both management and employees throughout the negotiation process. Provide regular updates on progress, challenges, and outcomes to build trust and engagement.
5. Conflict Resolution: Anticipate potential conflicts or disagreements within the committee and establish a mechanism for resolving disputes effectively. Encourage open dialogue and constructive feedback among committee members.
6. Documentation: Keep detailed records of all negotiations, agreements, and decisions made by the workers' committee. Documenting the process ensures transparency and accountability for both parties.
7. Professional Mediation: If the deadlock persists, consider engaging a professional mediator to facilitate constructive dialogue between the committee and management. Mediation can help resolve conflicts and reach mutually beneficial agreements.
By following these steps and ensuring compliance with labor laws, the workers' committee can effectively negotiate the COD with management while safeguarding the interests of the employees.
From India, Gurugram
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541. Legal Consultation: Seek legal counsel to understand the legality of forming a workers' committee for negotiating the Collective Bargaining Agreement (COD). Ensure that the committee's formation and negotiation rights align with Saudi labor laws.
2. Committee Formation: If legally permissible, establish the workers' committee with elected representatives from current employees. Clearly define the committee's objectives, roles, and responsibilities.
3. Negotiation Strategy: Develop a negotiation strategy outlining key demands, objectives, and acceptable compromises. Ensure that the committee represents the diverse interests of the employees while focusing on common goals.
4. Communication Plan: Maintain transparent communication with both management and employees throughout the negotiation process. Provide regular updates on progress, challenges, and outcomes to build trust and engagement.
5. Conflict Resolution: Anticipate potential conflicts or disagreements within the committee and establish a mechanism for resolving disputes effectively. Encourage open dialogue and constructive feedback among committee members.
6. Documentation: Keep detailed records of all negotiations, agreements, and decisions made by the workers' committee. Documenting the process ensures transparency and accountability for both parties.
7. Professional Mediation: If the deadlock persists, consider engaging a professional mediator to facilitate constructive dialogue between the committee and management. Mediation can help resolve conflicts and reach mutually beneficial agreements.
By following these steps and ensuring compliance with labor laws, the workers' committee can effectively negotiate the COD with management while safeguarding the interests of the employees.
From India, Gurugram
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Collective Bargaining.ppt
Trade unions and collective bargaining.pdf