Collective bargaining can only take place if the parties concerned have mutually recognized each other for this purpose.20 This recognition may be voluntary, as is the case in some countries where it is based on agreements or established practice. However, in order to protect against the refusal of some employers to negotiate with the unions representing the workers concerned, many countries have adopted legislation requiring employers to recognize a union in collective bargaining, subject to certain conditions.21 In such cases, the question of whether an employer is required to recognize a union for this purpose generally depends on the definition of the representativeness of organizations with respect to employers. they want to represent. On the issue of “collective dispute resolution procedures,” the code continues to do so: after eleven days of strikes, an agreement was reached, increasing the salaries of newcomers and veterans, while guaranteeing them a pension. Many countries have adopted legislation establishing procedures for determining the representative status of a party for collective bargaining purposes. In this regard, it should be noted that the concept of representation in ILO bodies is recognised by Article 3, paragraph 5 of the ILO Constitution. However, the ILO`s Committee of Experts stressed that collective bargaining in the public sector will inevitably be similar to collective bargaining in the private sector, where such procedures exist.23 Collective bargaining in the public sector The framework of collective bargaining in the public sector will inevitably be similar to collective bargaining in the private sector. , where the recognition of a union usually results in a collective agreement. signed by both the employer and the union. To negotiate a collective agreement, the parties must negotiate collective agreements. This will be a new experience for both public sector staff associations and government.
However, a potential problem for public sector workers` organizations is that the government may not be willing to conduct meaningful collective bargaining. What the government considers to be “collective bargaining” or “negotiation” may seem little different from the current consultation procedures for representatives of a public sector staff organization. This is the experience of parastatal unions who complain that management treats their “negotiated procedures” as basic advisory procedures. The challenge for public sector staff organizations is to create an environment conducive to genuine negotiations on their terms of employment. It won`t be easy. The right to collective bargaining is also recognized in other important international texts, including the Inter-American Charter of Social Guarantees (1948), the European Social Charter (1961) and the Charter of Fundamental Social Rights of Workers (1989). Such a provision is the simplest to know who is responsible for collective bargaining and thus helps the parties concerned to recognize each other.