CHALLENGES FACING LEGALITY AND FUNCTIONALITY OF COLLECTIVE BARGAINING AGREEMENT (CBA) IN KENYA

Ibrahim Gichuru ()

International Journal of Law and Policy, 2017, vol. 1, issue 1, 41 - 51

Abstract: Purpose: The main purpose of this study was to analyze challenges facing legality and functionality of collective bargaining agreement (CBA) in Kenya.Methodology: The study employed a desktop descriptive survey research design thus presenting a methodological gap.Results: The study concluded that legal framework and structures, successes and perceived weaknesses had a significant effect on collective bargaining agreement (CBA) in Kenya. The study also recommended that future studies should be carried out on trade unions role of enhancing better CBAS.Unique Contribution to Theory, Practice and Policy: Collective bargaining is very important and it brings positive agreements between employer and employees. When trade unions perform this function effectively, it normally brings positive implications to the workplace in general. It increases the bargaining capacity of employees as a group; they restrict management's freedom for arbitrary action against the employees. Moreover, unilateral actions by the employer are also discouraged as everything will be agreed collectively. Effective collective bargaining machinery strengthens the trade unions movement, workers feel motivated as they can approach the management on various matters and bargain for higher benefits. The study thus recommended that future studies should be carried out on trade unions role of enhancing better CBAS.

Keywords: (CBA); challenges; legality; functionality (search for similar items in EconPapers)
Date: 2017
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