National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Repetition Article 1 of the Convention. Legislation. The Committee notes the Government’s indication that constituent consultations for the draft Employment and Service Conditions Act have been concluded at the federal level, and have been forwarded to the provincial governments for adoption. It notes the Government’s indication that after the constitutional amendment, the federal government now plays the role of the facilitator, providing technical assistance to provincial governments to “provincialize” existing federal labour legislations. The Committee notes that a federal tripartite consultation committee has been established at the federal level, its functions including the monitoring of legislative and administrative steps taken by provincial governments to implement the principles of the Convention. It also notes that offices of the Ombudsperson have been established at both the federal and provincial levels. Noting the unique opportunities and challenges presented by this devolution process, the Committee also emphasizes the importance of training provincial labour inspectors to increase their capacity to prevent, detect and remedy violations of the principles of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 875). The Committee requests the Government to provide more information regarding the work of the tripartite consultation committee established at the federal level, as well as a copy of the finalized draft Employment and Service Conditions Act that has been forwarded to the provincial governments. The Committee also requests more information regarding the mandate and activities of the Offices of the Ombudsperson at the federal and provincial levels. Article 2(2). Enforcement. The Committee notes that the Pakistan Workers Confederation (PWF) stresses in its observation the need to amend relevant legislation with a view to ensuring its effective enforcement in both the public and the private sectors including through an independent labour inspection mechanism. The Committee notes the Government’s statement that no complaints have been filed with the Offices of the Ombudsperson nor the labour courts regarding issues related to the principles covered under this Convention. In this regard, the Committee wishes to recall that no society is free from discrimination, and that continuous action is required to address it (see General Survey on the fundamental Conventions, 2012, paragraph 731). Noting the increased participation of women in the labour market with greater awareness of the need to eliminate gender discrimination in work, and noting the unique opportunities and challenges presented by the devolution process in response to the constitutional amendment mentioned above, the Committee emphasizes the importance of training provincial labour inspectors to increase their capacity to prevent, detect and remedy violations of the principles of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 875) and to raise awareness of workers’ and employers’ organizations at the provincial level. The Committee also recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). Consequently, the Committee requests the Government to provide information on concrete measures taken with a view to strengthening the mechanisms to enforce the principle of equal remuneration for men and women for work of equal value, including measures taken to adequately train the labour inspectorate and judges at the provincial level, as well as awareness-raising activities for the general public. The Committee also requests the Government to provide information on measures taken to ensure that workers who believe their right to equal remuneration for work of equal value has been violated may effectively seek redress, and to provide information on any complaints made to relevant authorities concerning the application of the principles of this Convention.
The Committee notes the communication from the Pakistan Workers’ Federation, received 31 August 2010 stressing the need to amend the relevant legislation with a view to protecting workers against wage discrimination based on sex, and to ensure the effective enforcement of the legislation by the labour inspection services. The Committee asks the Government to reply to the communication from the Pakistan Workers’ Federation.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
Articles 1 and 2 of the Convention. Legislation. The Committee recalls that since the Convention’s ratification by Pakistan, it has been commenting on the importance of enacting legislation to ensure the effective application of the Convention. In this regard, the Committee notes the Government’s indication that a draft “Employment and Service Conditions Act” has been prepared which includes provisions on equal remuneration for men and women. The Committee stresses that provisions intended to give effect to the Convention should give full expression to the principle of equal remuneration for men and women for work of equal value. In particular, the provisions should not be limited to providing equal remuneration for “equal”, the “same” or “similar” work, but should also provide for equal remuneration for men and women for work that is of an entirely different nature, but which is nevertheless of equal value. In addition, the legislation should ensure that this equal remuneration principle applies to all aspects of remuneration, as broadly defined in Article 1(a) of the Convention. The Committee asks the Government to continue its efforts to put in place legislation giving effect to the Convention and to ensure that this legislation is in full conformity with the Convention.
Minimum wages. In its previous observation, the Committee asked the Government to provide information on the specific and practical measures taken to ensure that minimum wages are set in accordance with the principle of equal remuneration for men and women for work of equal value. In reply, the Government states that in view of the presence of employers, workers and government representatives on the provincial minimum wages boards, care has been taken to ensure that no bias is shown as regards jobs predominately performed by women. The Committee considers that the tripartite nature of the Provincial Minimum Wages Board, while important, does not in itself ensure, that wage rates for categories of work predominately performed by women are not set at lower levels than the rates for male-dominated work where the work performed by men and women is, in fact, of equal value. The Committee therefore encourages the Government, in cooperation with employers’ and workers’ organizations to examine the functioning of the mechanisms for the setting of minimum wages in the light of the need to promote and ensure the principle of equal remuneration for men and women for work of equal value, and to indicate any steps taken in this regard. The Committee also asks the Government to provide copies of the minimum wage notifications currently in force, and to indicate which of the occupational groups covered tend to be female dominated.
Awareness raising and training. The Committee notes the Government’s statement that the Directorate of Workers’ Education under the Ministry of Labour, Manpower and Oversees Pakistanis, the National Institute of Labour Administration and Training and the Industrial Relations Institute are undertaking education and training activities for workers through seminars, workshops and training courses, including activities relating to the Convention. The Committee asks the Government to provide more detailed information on these training activities, including the number of courses and participants, as well as examples of the training materials used as regards the principles of equal remuneration for men and women for work of equal value. Further, please indicate any activities specifically implemented for employers, and whether any of these activities have addressed the issue of objective job evaluation.
Cooperation with employers’ and workers’ organizations. The Committee recalls that the Government has closely cooperated with the employers’ and workers’ organizations in the preparation of the Labour Protection Policy (2006). It notes the comments received from the Pakistan Workers’ Federation on the dialogue held with the Government and the Employers’ Federation of Pakistan on strengthening the labour inspection machinery. The Committee also notes that, as a follow-up to the labour protection policy, the Government has started studies on a number of important issues, including the links between working and living conditions and productivity, labour protection in the informal economy, and the effectiveness of the labour administration. Trusting that these studies will provide an opportunity to examine issues relating to the principle of equal remuneration for men and women for work of equal value, and identify measures to strengthen its application, the Committee asks the Government to provide information on the measures taken with a view to examining the issue of equal remuneration in the context of the abovementioned studies, and the results of these studies, once available.
Statistical information. The Committee notes that the Government has not yet provided statistical information on the earnings of men and women. Recalling that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is an important means to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee asks the Government to indicate to what extent such data are being collected and published.
Enforcement. The Committee notes the Government’s indication that under the Payment of Wages Act, 1936, provincial governments have appointed inspectors who can examine documents relating to the calculation of wages and payment of wages. Further, the provincial payment of wages authorities can hear and decide any matter relating to the payment of wages. The Committee concludes from the indications given in the Government’s report, that the labour inspectorate and the labour courts have apparently not yet addressed any cases concerning violations of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate whether the provincial wages inspectors and payment of wages authorities have dealt with any cases involving equal remuneration for work of equal value, and to continue to provide information on any such cases that might have been dealt with by other competent bodies, including the labour courts. The Committee encourages the Government, in addition to including equal remuneration provisions in the legislation, to take appropriate measures with a view to strengthening the mechanisms to enforce the principle of equal remuneration for men and women for work of equal value, and to indicate the measures taken in this regard.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
1. Legislation. The Committee notes the list of legislation relating to remuneration indicated in the Government’s report. Please clarify whether West Pakistan Minimum Wage Rules, 1962, are still in force and, if so, please provide information on how it is applied in practice.
2. Public sector. The Committee notes the Government’s statement that in the public sector remuneration is based on the grade of the employee. The Committee asks the Government to provide the legislation governing remuneration in the public sector. Please indicate how the principle of the Convention has been taken into account in the establishment of the grade structures and in the determination of remuneration levels for the different categories or branches of public employment.
3. Minimum wages. The Committee notes that notification of minimum wage rates for 52 industries was given on 5 June 2006. The Government is asked to provide the texts of the presently applicable minimum wage notifications.
4. Statistical information. The Government’s report did not include any statistical information. The Committee, therefore, asks the Government once again to provide statistical information on remuneration, disaggregated by sex and, as far as possible, in accordance with the Committee’s general observation of 1998.
1. Noting that the Government’s brief report provides very little information in reply to the specific requests for information made by the Committee concerning a number of matters, the Committee once again draws the Government’s attention to a number of issues that would need to be further examined and addressed with a view to ensuring the application of the Convention, in law and in practice.
2. The Committee previously noted that the Minimum Wage Ordinance, 1961, provides for minimum wages for the different categories of workers in industrial undertakings without distinction on the ground of sex. It contains, however, no specific provisions on equal remuneration for men and women for work of equal value. The Committee also recalls that the 2005 Labour Protection Policy commits the Government to making gender equality with regard to pay and wage systems a key component of the new policies concerning conditions of work. The Policy further states that minimum wages and above-minimum wages will be paid on the basis of equal pay for equal work, and equal pay for work of equal value, as between men and women.
3. The Committee observes that while minimum wage setting is an important means to promote equal pay for women and men, appropriate measures must be taken to ensure that the principle of equal remuneration for men and women for work of equal value is effectively taken into account in the minimum wage setting process. Where different minimum wage rates are set for different occupations or categories of workers, it is particularly necessary to have safeguards in place to ensure that work predominately performed by women is not undervalued as a result of gender bias. This is necessary to ensure that wage rates for categories of work predominately performed by women are not set at lower levels than the rates for male-dominated work where the work performed by men and women is, in fact, of equal value. The Committee draws the Government’s attention to its 2006 general observation which elaborates further on this issue. In addition, the Committee is concerned about the application of the Convention’s principle in sectors in which the minimum wage legislation does not apply, including in the agricultural sector, and with respect to wages which are above the minimum level.
4. The Committee considers that the Labour Protection Policy illustrates the Government’s commitment with regard to promoting equal remuneration for men and women, but that it now needs to be followed up by concrete action to promote and ensure the full application of the Convention’s principle in law and in practice. The Committee considers it particularly important that an appropriate legal framework be put in place. Awareness raising and training on the meaning of the principle of equal remuneration as defined in the Convention are also essential.
5. In relation to the above, the Committee asks the Government:
(a) to provide information on the specific and practical measures taken to ensure that minimum wages are set in accordance with the principle of equal remuneration for men and women for work of equal value, as envisaged under the Labour Protection Policy;
(b) to initiate preparations for the enactment of provisions providing for the general application of the principle of equal remuneration for men and women for work of equal value, as envisaged by Paragraph 3 of the Equal Remuneration Recommendation, 1951 (No. 90), and to provide information in its next report on the steps taken to this end;
(c) to provide information on any awareness-raising and training activities carried out to promote a full understanding of the meaning and the implications of the Convention’s principle among relevant government officials, as well as workers’ and employers’ organizations.
6. Enforcement. In its previous comments, the Committee asked the Government to provide information on the specific measures taken by the competent authorities to ensure the application of the principle of equal remuneration for work of equal value and on the mechanisms and procedures available for victims of pay discrimination. In this regard, the Government indicated that effective inspection services were working under the auspices of the Directorate of Labour Welfare at the provincial level to enforce the Convention. In addition, the labour courts were able to redress grievances relating to unequal treatment. The Committee asks the Government to provide detailed information on any cases relating to the principle of equal remuneration for men and women for work of equal value dealt with by the labour inspection services or the labour courts.
7. Objective job evaluation. The Committee notes that the information provided by the Government concerning the application of Article 3 of the Convention relates to the appraisal of the performance of individual civil servants, rather than to objective job evaluation within the meaning of Article 3. The Committee recalls that objective job evaluation, as envisaged under this Article of the Convention, refers to the analysis of the content of specific jobs or positions on the basis of objective criteria. Recalling that objective job evaluation is an important tool to ensure that remuneration rates are determined in accordance with the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to state what methods have been adopted to promote the objective evaluation of jobs on the basis of the work performed in the private and public sectors.
8. Cooperation with workers’ and employers’ organizations. The Committee previously noted that the Government closely cooperated with workers’ and employers’ organizations in the preparation of the Labour Protection Policy, 2005. It asks the Government to provide information on how it is seeking the cooperation of workers’ and employers’ organizations in the follow-up to the elements on equal remuneration set out in the Labour Protection Policy with a view to achieving their full implementation.
The Committee is raising other matters in a request addressed directly to the Government.
1. Further to its observation, the Committee asks the Government to provide additional information on the following points.
2. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes that section 15 of the West Pakistan Minimum Wage Rules, 1962, provides that "in fixing minimum rates of wages, the principle of equal remuneration for men and women for work of equal value shall be applied". The Committee asks the Government to provide information on how section 15 of West Pakistan Minimum Wage Rules, 1962, is applied in practice and on any measures taken or envisaged to adopt equal remuneration provisions in accordance with the Convention at the federal level with a view to ensuring that the principle of equal remuneration for work of equal value is applied to all workers and in respect to all aspects of remuneration, as defined in Article 1(a) of the Convention.
3. Definition of remuneration. The Committee notes that the Minimum Wage Ordinance, 1961, excludes certain payments from the definition of wages. In this regard, the Committee notes that the principle of equal remuneration for work of equal value as contained in the Convention applies to all aspects of remuneration, including the basic or minimum wage and any other emoluments whatsoever, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment (Article 1(a)). Under the Convention, equality must therefore be ensured also in respect to contributions paid by the employers to social security schemes, allowances, bonuses and other benefits. The Committee asks the Government to provide information on the measures taken to ensure, in law and in practice, that all aspects of remuneration are paid to men and women on an equal basis.
4. Article 2 of the Convention. Minimum wages. In addition to the Minimum Wage Ordinance, 1991, the Committee notes the West Pakistan Minimum Wages Rules, 1962, and the Pakistan Minimum Wages for Unskilled Workers Ordinance, 1969. The Committee asks the Government to provide a detailed list of the federal and provincial laws and regulations concerning remuneration currently in force, as well as copies of the decisions regarding minimum wage rates for the various categories of workers.
5. Article 3. Objective job evaluation. The Committee notes the Government’s statement that, in the public sector, evaluation of employees was done through annual confidential reports. The Committee draws the Government’s attention to the fact that, in referring to objective appraisal of jobs, the Convention envisages the adoption of methods to evaluate the value of jobs on the basis of the work performed, i.e. the content of the job. Such evaluations should be based on objective criteria unrelated to the worker’s sex, such as the level of skills or qualifications required, responsibilities, working conditions or the complexity of the tasks involved. Objective job evaluation is an important tool to ensure that remuneration rates are determined in accordance with the principle of equal remuneration for men and women workers for work of equal value. The Committee therefore asks the Government to indicate what methods have been adopted to promote an objective evaluation of jobs on the basis of the work performed in the private and public sectors.
6. Article 4. Cooperation with workers’ and employers’ organizations. The Committee understands that the Government collaborated closely with the social partner in the preparation of its Labour Policy, 2002, and the Labour Protection Policy, 2005. It asks the Government to continue to provide information on its cooperation with workers’ and employers’ organizations with a view to giving effect to the provisions of the Convention.
7. Part V of the report form. Statistical information. The Committee asks the Government to provide statistical information on remuneration, disaggregated by sex, and as far as possible, in accordance with the Committee’s general observation of 1998 (attached for ease of reference).
1. The Committee notes the Government’s first report and recalls the comments sent by both the International Confederation of Free Trade Unions (ICFTU) and the All Pakistan Federation of Trade Unions, dated 18 September 2001 and 9 July 2003, respectively. The All Pakistan Federation of Trade Unions stressed the need to adopt legislation and establish effective labour inspection services in order to enforce the Convention. The ICFTU alleged that women did not always receive equal treatment with their male counterparts in terms of pay and benefits.
2. The Committee notes the Government’s indication that the Minimum Wages Ordinance, 1961, provides for equal minimum wages for the different categories of workers in industrial undertakings without distinction on the ground of sex. However, while the Committee notes that the setting of minimum wages is an important means of applying the Convention, it also notes that this legislation contains no specific provisions on equal remuneration for men and women for work of equal value.
3. In this context, the Committee notes that the Labour Protection Policy prepared by the Government in 2005 states that gender equality with regard to pay and wage systems will be a key component of the Government’s new policy in the field of wages. The policy further envisages that minimum and above minimum wages will be paid on the basis of equal pay for equal work, and equal pay for work of equal value between men and women. The Committee also notes that the ILO Decent Work Country Programme in Pakistan includes measures to strengthen the application of the Convention. It looks forward to receiving information on the specific measures taken or envisaged to implement the Government’s commitments and policies and on the progress made in strengthening the application of the Convention in law and practice.
4. Noting that the Government’s brief report has not yet enabled the Committee to examine fully the application of the Convention in Pakistan, the Committee asks the Government to provide additional information on the following points: (1) the application of the Convention in respect to workers not covered by minimum wage legislation, such as agricultural workers and government employees; (2) how it is ensured that the Convention’s principle is applied not only to wages but also to all aspects of remuneration as defined in Article 1(a) of the Convention; (3) how the principle of the Convention is taken into account in collective agreements; (4) the specific measures taken by the competent authorities to ensure the application in practice of the principle of equal remuneration for work of equal value; and (5) the mechanisms and procedures available for victims of pay discrimination.
The Committee is raising other points in a request addressed directly to the Government.
The Committee recalls the comments sent by both the International Confederation of Free Trade Unions (ICFTU) and the All Pakistan Federation of Trade Unions, dated 18 September 2001 and 9 July 2003 respectively. The All Pakistan Federation of Trade Unions stresses the need to adopt legislation and establish effective labour inspection services in order to enforce the Convention. The ICFTU alleged that women did not always receive equal treatment with their male counterparts in terms of pay and benefits. Noting that the Government’s first report has not been received, the Committee hopes that the Government will make every effort to supply the report in the very near future, including any comments the Government may wish to make in reply to the observations made by the abovementioned workers’ organizations.
The Committee notes the comments sent by both the International Confederation of Free Trade Unions (ICFTU) and the All Pakistan Federation of Trade Unions, dated 18 September 2001 and 9 July 2003 respectively, which contain information concerning the need to adopt legislation to enforce the Convention and disparities in remuneration levels between men and women for work of equal value. These comments were forwarded to the Government on 26 October 2001 and 5 September 2003 respectively, and the Committee will address them at its next session along with any replies received from the Government. The Committee also notes that the Government’s first report has not been received, and it hopes that the Government will make every effort to supply the report in the very near future.