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Collective Agreement In Nigeria

It occurs continuously and in different forms; and very serious. Workers and employers disagree and are resorting to several industrial actions to remedy this. In the midst of these labour disputes, the parties are sometimes forced to rethink. Employers and workers come together to discuss, negotiate and develop consensual conciliation conditions. Most of the time, this agreement is perfected by the drafting of certain documents containing the points of convergence of the parties. This usually, but not always, marks a ceasefire, a solution to the trade conflict. This “ceasefire agreement” is usually referred to as a collective agreement (CBA). He adds that “the only viable option is a reform of the judiciary, as it is unlikely that Parliament will reform the law in favour of workers in the near future” (xv). It is important to recommend the adoption of laws to ensure the implementation of collective agreements in Nigeria. In addition, trade unions should continue to accelerate so that employers include such agreements in the employment contracts of workers in their custody. `.

“Instead of insisting on the explicit inclusion of a collective agreement in a person`s employment contract, judges should consider how its provisions were dealt with by the parties in practice after the conclusion of the collective agreement. If there is evidence to suggest that management reacted to and benefited from the agreement, judges should infer from management`s intention to consider the agreement binding. “(vii)”. that employers and workers are not equal and that freedom of contract between them is often illusory. It therefore transfers the contractual freedom of the individual to a collective sphere, provided that the bargaining power that exists between the employer and the worker exists between their collective representatives. In this way, the most vulnerable will be protected from the socially stronger part. (xiv) Anything that runs counter to the two elements mentioned above would probably leave the worker without protection by the collective agreement concerned, regardless of the tireless efforts of the union in its execution. “Collective agreement is a written or written agreement between an employer and a trade union that sets out the terms and conditions of employment or contains provisions relating to the rates of pay, hours of work or other conditions of employment of workers.” (i) “The contract of employment determines to the highest degree the relationship between the employer and the employees as well as between the workers themselves.

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