AN APPRAISAL OF COLLECTIVE BARGAINING IN INDUSTRIAL RELATIONS IN NIGERIA

Abstract

This work appraises Collective Bargaining in Nigeria using the International Labour Organization Standard as a point of reference in comparison with the Nigerian laws. Conflict between the employer and workers is inevitable in the workplace but it is resolved through the instrumentality of collective bargaining. Collective bargaining right and the workers’ right to strike are twin rights recognized by the International Labour Organization. The Right to Collective Bargaining is recognized in Nigeria although the 1999 Constitution does not make express provision for this right. However, section 40 and other sections of the constitution. The Trade Union Act, Trade Union (Amendment) Act, Trade Disputes (Essential Services) Act, Trade Disputes Act and Banks and Other Financial Institutions Act are the laws made pursuant to the 1999 constitution covering and regulating collective bargaining by workers. The major challenge of collective bargaining is the non execution of collective agreements by the government due to absence of political will. This study also made reference to the South African Constitution and also draws lessons to the effect that there is an urgent need for the expression codification of the right to collective bargaining in the Constitution without implying the right under Section 40 of the 1999 Constitution.