Collective Bargaining and its Role in Settling Collective Labor Disputes
Dr. Shawakh B. M. Al Ahmad
Associate Professor – Faculty of Law, University of Dar Al Uloom – Riyadh – KSA
This research paper dealt with the definition of collective labor disputes, and showed its elements, in terms of the parties concerned. It also indicated the subject and the phase the conflict reached. Given the seriousness of such disputes, the laws under study have singled them out with friendly means in order to settle them at the lowest costs, and among those means is collective bargaining. Thus, the research showed the nature of bargaining collectivism by defining it in language and terminology and defining its parties. It turned out that collective bargaining is achieved by the workers when they are represented in the bargaining by their trade union organization, or as some call it the Voice Foundation to compensate for the weakness that the worker suffers from. As for the employer, collectivism is not required by him.
The research paper explained the characteristics of bargaining as a civilized, consensual, friendly, direct, and democratic method, and showed the number of its conditions. The paper dealt with clarifying the importance of collective bargaining and its effects. Therefore, the scope of the research is objectively determined by studying the collective labor dispute as a subject of collective bargaining, and then defining the nature of collective bargaining and showing its importance and effects. It turns out that collective bargaining today is an important part of working relationships because it includes mechanisms that allow the organization of work and its conditions, and thus it works on shunning any raising of disputes. It also has mechanisms that allow the settlement and removal of negative impurities left by the conflict in the hearts of its parties. That is why we recommend in the Saudi system the need to introduce a collective bargaining mechanism for the settlement of collective disputes. We also recommend for legislation that has adopted the organic criterion in determining collective disputes: the necessity of abandoning that and adopting the numerical criterion in order to expand the concept of collective conflict, which requires a quick mechanism to resolve it.
Keywords: collective dispute, amicable means, consensual means, collective labor agreement.