TAMIL NADU NATIONAL LAW SCHOOL

__________________________________________________

2015-2016

Labour Law

Collective Bargaining in India and Japan

Submitted by- Submitted to-

Arjun Sarkar Prof. Preetham
BC0140012
Abstract

Collective bargaining is one of the most essential factor for the smooth running of any industry.
Collective bargaining is a method by which both the employers and the employees get a say in
what should be the working conditions, wages, duration of work etc.. Collective bargaining is
very important as this ensures that there are no disputes between the employers and the
employees because if there is a dispute , then it will not only cause a problem for the industry but
also to the economy as the production will decrease and there will be less export and more
imports. In my Article, I will be dealing with collective bargaining in India and Japan and how
these two countries vary in their implementation of collective bargaining and why there is a
variation.

When it comes to India, the five year plans played an important role in bringing up the concept
of collective bargaining. The Article will lay emphasis on the Industrial Disputes Act, 1947
which was amended in 1956 and also few articles of the constitution. India mainly follows the
Tripartite system but still there is failure in the proper implementation of collective bargaining as
the labor Unions are left powerless because of lack of proper statutory measures that will
safeguard their rights.

When it comes to Japan, what can be said is that collective bargaining is one of the main factors
why their economy is growing at a very good pace and all of this is possible because the
government realises the need to see to it that there is no problem when it comes to
implementation of the rights of both the employers and the employees which is called Collective
bargaining and there are necessary statutory provisions which ensure that the labor rights are met
with and no party is under any loss and also sees to it that the dispute between the employers and
the employees of the industry is resolved as quickly as possible so that the economy of the
country is not hampered. The Research Objective is to show the difference between the
collective bargaining in India and Japan and what is the reason for such a difference.

The Issues that is raised are

a) Whether Collective Bargaining is an absolute necessity for the development of the country and
also for reducing conflicts?
b)Whether collective bargaining is effective in India?

c) Why is Collective bargaining in Japan very effective and what has the government of Japan
done to ensure it stays that way?

d) Whether the Japanese way of Collective bargaining can be implemented in India?

The Research Methodology is Doctrinal, comparative and Descriptive

Table of Contents
Introduction .................................................................................................................................................. 5
History ........................................................................................................................................................... 7
Collective bargaining as an absolute necessity for the development of the country .................................. 8
Collective bargaining in India ........................................................................................................................ 9
Laws regarding Collective Bargaining in India ............................................................................................ 13
Collective Bargaining in Japan..................................................................................................................... 15
Conclusion ................................................................................................................................................... 17
Bibliography ................................................................................................................................................ 18
Annexure ..................................................................................................................................................... 19
Introduction
The term 'Collective Bargaining' was coined by Sydney and Beatrice1. The expression has been
defined by several people and organisations . In 1960, in the manual published by the
International Labour Office, defined 'Collective Bargaining' as: 'Negotiations about working
conditions and terms of employment between an employer, group of employees or one or more
employer's organisation on the one hand, and one or more representative workers organisation
on the other, with a view to reaching agreement 2 . Basically it is negotiation between the
employers and the employees to set a basic set of rules that will govern both of them so as to
maintain a cordial relationship and for the betterment of both.

Objectives of Collective Bargaining

The 1st and foremost objective of collective bargaining is to ensure that that an agreement is
reached between the employer and the employees or the unions or the workers so that both the
parties are mutually benefited. There are certain sub-objectives also :

 to ensure there is good and healthy relations between the employer and the employees
 to see to it that the interests of both the parties are protected
 to ensure that there is minimum government interference

Importance of Collective Bargaining

Collective bargaining has great importance to an industry

 It ensures good relations between the employer and the employees

 It provides benefit to both the parties
 When there takes place any changes in the environment or any other conditions that
affects the employees or the working conditions, collective bargaining is one of the
process that ensures that such problem is overcome
 It sees to it that the agreement is implemented as quickly as possible.

1
Sydney and Beatrice, Industrial Democracy, (1897)
2
Industrial Relations and Labour Laws, S C Srivastava, pg 148
International Labour Organisation

ILO is a very important international organisation that tries to ensure that labour rights are
protected. It lays down certain conventions, recommendations that the members of the ILO can
follow. The only drawback is that ILO can suggest points but it cannot implement them in the
countries that are its members. It is up to those countries to follow them or ignore them. The
convention becomes binding on its members only if they have ratified them. ILO has stated
certain principles and standards in its conventions and recommendations and other instruments
on the right of collective bargaining. C154 of ILO states regarding Collective Bargaining. This
convention starts with a preamble followed by definition of Collective bargaining and then goes
on to method of application, promotion of collective bargaining, final provisions. C098 of the
ILO states regarding right to organise and collective bargaining convention.
History

When it comes to the history of collective bargaining in India, it was pointed out by the Royal
Commission on Labour that in India collective bargaining has been in practice since the First
World War. It stated few places where this was practiced. The Textile Labour Association and
the Mill Owner's Association of Ahmedabad have been negotiating and entering into collective
agreements since 1917-1918 except for the period 1938-1952, always keeping up the spirit
instilled by Mahatma Gandhi and other national leaders. Another survey that was undertaken by
the Employer's federation of India in 1962- 1963 has revealed that collective bargaining has been
in practice for a long time in the Indian Industries. And not this, the survey has also stated that
around 3.5 percent of the total industrial units that were practicing collective bargaining, 3.5
percent had been practicing prior to independence.3 The method of collective bargaining that was
in practice was the Bipartite method prior to independence and there was less intervention from
the government or any other 3 rd party because the issues used to get resolved easily. Bipartite is
the method where the employers and the employees came together and there were offers and
counter offers and finally after debates and discussions, they came to an agreement. Earlier there
were committees that would try and solve the disputes of the employers and employees but this
was not very effective. There used to be wage boards that used to set the wages that the
employees in an industry would get and this was not at all effective and this was of the main
reasons why there were conflicts in the industry because the wages that were set by the wage
boards were not sufficient and when the employees or the workers would ask for more wages,
their plea would be rejected. Therefore history showed us how there was a need for collective
bargaining as this ensured that both the parties get what they want and strike a deal among
themselves which would lead to the betterment of the industry and also provide a good working
environment that was conflict free.

3
Collective Bargaining and Conciliation in India, B. R. Patil
Collective bargaining as an absolute necessity for the development of the
country
Imagine a country where there was no collective bargaining. What would be the condition of the
industries? Firstly, there would be conflicts all the time with regard to wages and working
conditions. Both parties involved would not listen to what the other party has to say and both
parties will be adamant in trying to get the other person to do things in favour of them which will
ensure loss to the other party and this in turn will spoil the working conditions. This will then
lead to strikes which will stop the industry from functioning and when an industry stops
functioning, the goods that are produced will be reduced and the demand for such goods will not
be met to the customers and this forces the customers to go for another good from another
country and this reduces export and increases the amount of goods imported from other
countries. When import is greater than export, then the economy of the country takes a hit.

Now imagine if the country follows collective bargaining, that is, the employers and the
recognised employees organisation come together to enter into an agreement. The employees
come forward to the employers with their grievances regarding the wages and the working
conditions and both parties try and reach an agreement in order to ensure that the issues are
resolved. This ensures that the industry runs smoothly without any problems and the production
goods is stable and the consumers demands are met. Because of the process of collective
bargaining, both the parties are ready to hear each one out and come to a consensus and this is
the key to reducing conflicts in the industry and this in turn ensures that the country economy is
not affected.
Collective bargaining in India
Collective bargaining has been defined by the Supreme Court as “the technique by which dispute
as to conditions of employment is resolved amicably by agreement rather than coercion”.4

It is basically a process where there is discussion and negotiation between the employer and the
employees regarding the working conditions and the terms of employment. There are trade
unions that usually represent the employees or the workers and these trade unions are the ones
that go to the employers and bring into light to the employer the issues and grievances of the
workers. According to the Industrial Disputes Act, 1947, collective bargaining is one of the
process that needs to be accepted by the employer and the if the employer refuses to bargain
collectively, then it is considered as unfair labour practice. Though this method is not effective
every time, it is usually considered as an effective method as it ensures that the issues that the
workers have regarding the working conditions and so on are dealt with and there is an
agreement between the employer and the employees.

Types of collective Bargaining in India

Collective Bargaining agreements are divided into 3 classes:

1. Bipartite - These are the agreements that take place between the employers and the trade
unions and they are voluntary. These agreements are binding in nature as per Section 18
of the Industrial Disputes Act.5

2. Settlements 6 - Settlement is the process in which a third party is involved in resolving

the issues between the employer and the trade union. This 3rd party is the conciliation
officer. Settlements are tripartite agreements because it involves a 3rd party in resolving
the issues.

4
Karol Leather Karamchari Sangathan v. Liberty Footwear Company, (1989) 4 SCC 448
5
Industrial Disputes Act, 1947, S.18
6
Industrial Disputes Act, 1947, S. 2(gg)(p)
 3. Consent awards - They are agreements reached while a dispute is pending before a
compulsory adjudicatory authority, and incorporated into the authority’s award. Even
though the agreement is reached voluntarily, it becomes part of the binding award
pronounced by the authority constituted for the purpose.7

In India, the legal procedure for collective bargaining is complicated as it involves a series of
stages

The various stages of Collective Bargaining are:8

 Charter of Demands- This is the very first stage of collective bargaining which is called
charter of demands. When the employees have certain problems, they take these issues to
the trade unions and the representatives of the trade unions draft 'charter of demands' and
this is done after proper discussion with the members of the union and in this charter
contains all the issues relating to wages, working hours, benefits etc..and it ensures that
none of the issues are left and all the points are considered as members are consulted.

 Negotiations- Negotiation is the next step that takes place after the 'charter of demand' is
submitted by the trade unions to the employers. Before the negotiation, there is the
preparation phase where both the employer and the trade union gather all the data
regarding the policies and the present terms and conditions of work and this is done in
order to ensure that both the employers and the trade unions are on the same page when
the negotiation takes place and this gives no scope for accusations. After the preparations
are done, the negotiations begin where the trade unions put forth their demands and there
takes place discussions and debates on the issues. When the demands are not met with or
the employers reject the demands of the trade unions, then it is option of the trade unions
to go on strike in order to force the employers to reach an agreement with the trade
unions.

7
supra 1
8
India: Trade Unions and Collective Bargaining
  Collective bargaining agreement- After the negotiations are done, there comes the
collective bargaining agreement and this is entered into between the employer and the
workmen represented by the trade unions. These agreements are called the bipartite
agreements that involves only two parties, that is, the employers and the trade unions.

 Strikes- This happens when the employers and the trade unions fail to reach an
agreement. Under Section 22 of the Industrial Disputes Act, 1947, 9 public utility sector
employees must provide six week notice of a strike and may strike 14 days after
providing such notice and the 14 days gap is called the 'cooling off period'.

 Conciliation- This is the net stage in the process. A conciliation process begins after the
notice of the strike is received by the conciliation officer. The state government in order
to resolve the issues in the industry appoints a conciliation officer during the 'cooling off
period' whose role is to learn regarding the issue and try and make the two parties reach
an agreement or settlement.10 When the conciliation proceeding is still going on, neither
the employers or the employees are to proceed with any industrial action. 11 The state
government on the recommendation of the employers and the employees may also
appoint Board of Conciliation which shall be appointed in equal numbers on the
recommendation of both parties and it shall be composed of a chairman and either 2 or 4
members.12 The results of conciliation is either the issue is settled or not settled or it is
referred to a labour court or an industrial tribunal.13

 Compulsory Arbitration or Adjudication by Labour Courts, Industrial Tribunals

and National Tribunals - When the above stage fails, parties have the option of
voluntary arbitration and if not this, then they have to go for compulsory arbitration.
Under the voluntary arbitration, the state government or the central government appoints

9
Industrial Disputes Act, 1947, S. 22
10
Industrial Disputes Act, 1947, S.4
11
Industrial Disputes Act, 1947, S. 23
12
Industrial Disputes Act, 1947, S. 5
13
Industrial Disputes Act, 1947, S. 20
 a Board of Arbitrators, which comprises of members of the trade union and also
representatives from the employers. In compulsory arbitration, both, the employers and
the trade unions agree for a third party for arbitration which is usually a government
officer and the arbitrator makes certain recommendations to the parties and he does not
need their consent for this and both the parties must accept the recommendations. 14
Section 7A of the Industrial Disputes Act, 1947,15 provides for a labour court or industrial
tribunal within each state government consisting of one person appointed to adjudicate
industrial disputes that is effecting the industry for quite some time, such as strikes and
lockouts. Section 7B16 provides for the constitution of national tribunals by the central
government for the adjudication of industrial disputes that involve questions of national
interest or issues related to more than two states. In such a case, the Government appoints
one person to the national tribunal and can appoint two other advisers. If a labour dispute
cannot be resolved by the process of conciliation and mediation, the employer and the
workers can refer the case by a written agreement to a labour court, industrial tribunal or
national tribunal for adjudication or compulsory arbitration. A final ruling on the
industrial dispute must be made within six months from the commencement of the
inquiry.17 A copy of the arbitration agreement signed by all parties is then forwarded to
the appropriate government office and conciliation officer pursuant to which the
government must publish the ruling in the Official Gazette within one month from receipt
of the copy.

14
India: Trade Unions and Collective Bargaining, Nishith Desai
15
Industrial Disputes Act, 1947, S. 7A
16
Industrial Disputes Act, 1947, S. 7B
17
Industrial Disputes Act, 1947, S. 36
Laws regarding Collective Bargaining in India
Disputes in an industry happens because the employees in the industry are not happy with what
they are getting as what the employers offer is arbitrary and unfair or it is unreasonable.
Therefore, in order to ensure that disputes are resolved, there is the process of collective
bargaining. But at times the agreements don’t go as planned and the employers are adamant and
stick to what has been offered. This then pushes the employees or the trade unions to choose the
option of protest in order to ensure that their demands are met. Protest is an important tools that
is used by unions and employees in order to make sure that the employers agree to their demands
and is important for collective bargaining. But in India, the Labour laws have weakened the
protest movement. Labour laws have hampered the effectiveness and successful collective
bargaining in India. The Labour laws have failed to give protection to the members of the trade
unions. Now when we look at the history of other countries with regard to trade unions, these
trade unions were formed in order to overcome the injustice that the Labours faced by the
industrial undertakings, the oppressive conditions of the work in the industrial undertakings,
economic exploitation of the workers etc.. However, in India, minimum standard statutes like
Factories Act, 1948, Mines Act, 1952, Minimum Wages Act, 1948, Payment of Wages Act,
1936, Payment of Bonus Act, 1965, and Social Security Statutes like Workmen's Compensation
Act, 1923, which are not only far in advance of the level dictated by the strength of the workers
but also to those dictated by the significant protest movement. 18 And not only this. The
institutions such as a works committee and adjudication system have also in a way reduced the
value of trade unions. Trade Unions (Amendment) Act, 1947, which prohibited certain forms of
unfair practices on the part of the management has not been enforced yet. Sections 17, 18 and 19
of the Trade Unions Act hardly provides sufficient protection. The expressions used in these
sections restrict the protection that these Acts are supposed to provide like the expression 'on the
ground only' just limits the value of section 18 of the Trade Unions Act, 1947.19 The striking
power of the workers has been curtailed by the Industrial Disputes Act, 1947. This act regulates
tools of economic coercion. Section 10 of the Industrial Disputes Act, 1947,20 also has affected
the labour's interests.

18
supra 2, pg 154
19
ibid
20
Industrial Disputes Act, 1947, S.10
Article 19(1)(c)21 of the Constitution of India states regarding the right to form associations and
Unions which then gives absolute right for any person to form associations and unions in order to
fight the injustice. But in the All India Bank Employees case 22, Supreme Court held that the
Article merely guarantees the 'right to form associations and unions' and it does not guarantee
the right to strike which therefore limits the usefulness of the Article.

Section 7 of the Criminal Law (Amendment) Act, 1932,23 almost makes it impossible for the
workers to do certain kinds of Labour activities. It prohibits any obstruction to access the
working place or intimidate any person from entering the work place or any such activity that
restricts a person from entering his work place. And not only that. In the case of Damodar
Ganesh v. State,24 the Bombay High Court held that Section 7 of the said Act even prohibits
peaceful picketing . All this clearly shows how the bargaining power of the trade unions are
severely affected. Another factor that affects the bargaining power of the Labour is the existence
of several Labour markets. Labour laws have not only curtailed the certain rights that the trade
unions enjoy but also not given any special status to the trade unions. This is proven by Section
36 of the Industrial Disputes Act, 1947, which states that a person can represent a trade union but
a union cannot represent any of its members. And also apart from the general law of agency, a
union cannot bind by its decisions its own members.

Currently we follow the tripartite system of collective bargaining that consists of the employer,
the recognised employees union and the government. When disputes are not settled between the
employers and the employees, the government tries and resolves the dispute but this is not very
effective because it favours the employers and also is a very slow process that delays the process
of resolving the issue as soon as possible. As stated above, with the presence of so many statutes
that restrict and reduces the bargaining power of the employees and the trade unions, it can be
clearly understood that the collective bargaining is not very effective in India.

21
Constitution of India, 1950, Article 19(1)(c)
22
(1962) SCR 17 1
23
S.7, Criminal Law( Amendment) Act, 1932
24
Damodar Ganesh v. State, (1961) 2 LLJ 385
Collective Bargaining in Japan
Convention number 98 of the International Labour Organisation states regarding Right to
organise and collective bargaining and this convention has been ratified by Japan. Japan is one of
the many countries that follows the process of collective bargaining.

The Constitution of Japan gives the right to the workers to organise and indulge in collective
bargaining with the employers and this is given in Article 28 of the Constitution of Japan.25

There are laws like the Labour Relations Adjustment Law and the trade Union law that ensure
that the employers treat the employees or the workers properly and fairly and maintain a cordial
relation with them and when there arises any disputes, these laws see to it that it is resolved by
mediation, arbitration and conciliation and this in turn maintains peace in the industry and proper
working of the industry.

Article 7 of the Trade Union Law, 1949,26 also gives the right to workers and unions to bargain
collectively and these Articles stated above guarantee these rights. Article 14 27 of the Trade
Union Law states regarding the process of collective bargaining where it states that the issues are
discussed among the employers and the employees or workers or the trade unions and after that
everything is put in writing and signed by both the parties and after the signing, the agreement
becomes binding on both the parties.

The agreement overrules the individual labour agreements that were entered into at the time of
entry of the worker as these agreements are the new and latest agreements and they are binding
on both the parties. This is stated in Article 16 of the Trade Union Law, 1949. 28

In Japan, the most common form of collective bargaining is the enterprise- based bargaining in
which the bargaining takes place between the employers and the union that is based with that
enterprise and they have complete freedom in going ahead with their bargaining without any
interference. What can be clearly said is that in Japan, collective bargaining process is a
decentralised process that has minimum intervention by the government or any other 3rd party
for that matter. There is no collective bargaining that is held at a national level or industry wide

25
Constitution of Japan, 1947, Art. 28
26
Trade Union Law, 1949, Art. 7
27
Trade Union Law, 1949, Art. 14
28
Trade Union Law, 1949, Art. 16
level that usually set the working conditions and the wages for all the employees in that industry.
Every enterprise has its own collective bargaining process and comes to an agreement. This way
of collective bargaining has been very effective for Japan as it ensured that the economy of the
country improved at a very good rate. This method of collective bargaining gave the employers
and the employees a belief that they were on the same page regarding the matter and the main
aim of both the parties was the growth of the enterprise. Collective bargaining is also made
easier in the Japanese industries because of their certain policies and the opportunities these
industries they provide to their employees. Most of the Senior managers and even CEO's are
chosen from employees who have worked for more than 25 years in the enterprise and this way
one could always expect the management or the employers to understand the need of the
employees as the person who was once an employee will be definitely understand the need and
condition of the workers or employees in the industry. In simple terms, the managers will
understand the need of the employees as they were once a part of it. Enterprise based trade
unions give 3 basic rights to their employees and they are right to organise, collective bargaining
and right to strike. But at times these right get limited and not every enterprise- based union is
able to enforce these basic rights and then they upgrade themselves to industrial- based unions.
Industrial - based unions provide complete support to its members.

Collective Bargaining is very effective in Japan because of something called the Labour -
Management consultation. Labour- Management consultation is basically where the management
and the labours exchange information and their views and each party advices the other regarding
certain issues that are existent in the workplace and work and this is with the objective and aim
to promote good faith and good employer employee relationship and also to increase
productivity. This consultation is integrated with collective bargaining and this is followed in
many industries in Japan. The consultation process comes first and is then followed by the
collective bargaining process.29

29
Collective Bargaining in Japan, OH, Hak - Soo
Conclusion
Collective Bargaining is an important process that is followed by several countries and this is
one of the major factor that keeps the industries of a country functioning properly. India and
Japan are 2 of the many countries that follow collective bargaining process in order to keep
stability in the industries and also to see that the economy of the country is not affected. Welfare
of industries is a crucial internal factor that needs to be taken care of properly. India and Japan
have almost the same process of collective bargaining and the same stages of collective
bargaining process is followed by the countries but Japan has certain other factors that makes
collective bargaining in Japan more effective than that of India. The laws in Japan clearly
support collective bargaining and it is even mentioned in the Constitution of Japan which clearly
shows how the country treats collective bargaining as an integral part of the country . Another
factor that makes collective bargaining very effective in Japan is the Labour - Management
consultation process that eases the relationship between the management and the labours and it
makes the collective bargaining process very smooth and successful. Indian laws do not give
proper power to the trade unions and limits its power and thus it makes the employers have a
dominant position over the labours. India has not ratified the ILO convention on Collective
bargaining which in a way shows that it is not a very dedicated follower of collective bargaining.

But it is possible for India to adopt the method of collective bargaining that is followed in Japan
because they follow almost the same way of collective bargaining which is decentralised unlike
that of U.S.A. The laws in India regarding collective bargaining and the rights given to trade
unions are not that many and that is one of the factor for not very effective collective bargaining
process in India and this can be resolved by bringing in new laws.
Bibliography
Books

 Industrial Relations and Labour Laws, S C Srivastava, pg 148

 Collective Bargaining and Conciliation in India, B. R. Patil
Articles

 Revival of Collective Bargaining in India: Some recent Evidence, Sahab Dayal

 Collective Bargaining and Conciliation in India, B.R. Patil
 Collective bargaining in Japan, OH, Hak-Soo, The Japan Institute for Labour Policy and
Training
 Japanese Industrial Relations from an International Perspective, Dr. Hiromasa Suzuki
 India: Trade Unions and Collective Bargaining, Nishith Desai
Statutes

 Industrial Disputes Act, 1947, S.18

 Industrial Disputes Act, 1947, S. 2(gg)(p)
 Industrial Disputes Act, 1947, S. 22
 Industrial Disputes Act, 1947, S.4
 Industrial Disputes Act, 1947, S. 23
 Industrial Disputes Act, 1947, S. 5
 Industrial Disputes Act, 1947, S. 20
 Industrial Disputes Act, 1947, S. 7A
 Industrial Disputes Act, 1947, S. 7B
 Industrial Disputes Act, 1947, S. 36
 Industrial Disputes Act, 1947, S.10
 Constitution of India, 1950, Article 19(1)(c)
 Constitution of Japan, 1947, Art. 28
 Trade Union Law, 1949, Art. 7
 Trade Union Law, 1949, Art. 14
 S.7, Criminal Law( Amendment) Act, 1932
Cases

 Karol Leather Karamchari Sangathan v. Liberty Footwear Company, (1989) 4 SCC 448
 (1962) SCR 17 1
 Damodar Ganesh v. State, (1961) 2 LLJ 385

Webliography

www.jstor.org
Annexure

Review of Literature

Primary Sources

BOOKS:

Labour and Industrial Law, Surya Narayan Misra, pg 391- 401

Gives various definitions of collective bargaining given by different people and organisations. It
states that collective bargaining is an agreement between the employer and a recognised union of
employees. It gives a brief note on the forms of collective bargaining that is negotiation,
mediation etc.. There are certain essential conditions for collective bargaining to function
properly in any country and few of them are Right to organise, Stable and strong trade unions
etc.. What we also learn is what is the purpose of collective bargaining. It is for regulating wages
and other working conditions and also labour managerial relations.

Industrial Relations and Labour Laws, S C Srivastava, pg 147-155

This book also gives a detailed account on what collective bargaining is along with that it also
states the ILO principles on collective bargaining. It then later states about Collective bargaining
in India where it states the Plans, response of the National commission on Labor and also the
factors affecting the successful implementation of collective bargaining in India where it states
about the Industrial Disputes Act, 1947 after the amendment in 1956 and also the various case
laws that limited the rights of the labours and in that way also weakened the concept of collective
bargaining as it was very one sided in favour towards the employers.

Secondary Sources

Articles:

Revival of Collective Bargaining in India: Some recent Evidence, Sahab Dayal

This Article gives a small insight on the history of collective bargaining and states about the
bipartite and the tripartite system of Collective Bargaining when it came to setting the wages for
the labourers. It then states how the tripartite system was not very effective and was time
consuming as the wage boards took time in reaching a decision and that the bipartite system was
effective and time saving as the employers and the employees reached a consensus since they
resolved the issue among themselves and didn’t involve any third party.

Collective Bargaining and Conciliation in India, B.R. Patil

This Article also gives a brief summary of collective bargaining and states about the history of
Collective bargaining in India as in how it came into play in India. It also talks about
Conciliation and states that it is an extension to collective bargaining in India. It states the
procedures to secure legal agreements to collective agreements, procedures for converting
collective agreements into settlements etc.. In the end it talks about how in India more stress is
laid on the Tripartite system of Collective bargaining but the government has failed to provide
the statutory provisions and procedure for trade union recognition.

Collective bargaining in Japan, OH, Hak-Soo, The Japan Institute for Labour Policy and
Training

This Article states almost everything that is to known about the Japanese Collective bargaining.
It begins with legislations on Labour standards where it states about basic working conditions,
wages , the labour contract etc.. It then states about freedom of association. It then talks about the
various parties that are involved in the collective bargaining agreement. It also mentions about
the issues that are faced by the country when it comes to collective bargaining and what the steps
that are taken by the government to overcome these problems that hamper the growth of the
country.

Japanese Industrial Relations from an International Perspective, Dr. Hiromasa Suzuki

This article states regarding the industrial relations in Japan and how the collective bargaining in
Japan is very effective as they follow the decentralised method of collective bargaining where
there is less dependence on the government to resolve the issue o the industries. It states how the
employees in the industry in future become part of the management and this way it is easy for the
management to understand the issues of the workers and the necessary steps are taken to resolve
the issues.
India: Trade Unions and Collective Bargaining, Nishith Desai

This article as stated in the title deals with trade unions and collective bargaining in India. This
article states the various stages that the collective bargaining in India goes through and also
states the law that applies when it comes to implementation of collective bargaining in India and
it also states how trade unions are an integral part of collective bargaining as they are the voice
of the workers in the industries.