Hours of Work (Industry) Convention, 1919 (No. 1) - Pakistan (RATIFICATION: 1921)

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Previous comments: C.1, C.14, C.106 and C. 89

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work (industry)), 14 (weekly rest (industry)), 106 (weekly rest (commerce and office)) and 89 (night work of women) together.

The Committee notes the observations of the Pakistan Mines Workers Federation received on 7 September 2023 on the application of Conventions No. 1 and 14, as well as the observations of the All Pakistan Federation of Trade Unions (APFTU), received on 31 August 2023 on the application of Convention No. 89. The Committee also notes the Government’s reply to the APFTU observations, received on 3 October 2023, according to which the points raised have been addressed in the Government’s report.

Legislative Developments. The Committee notes that following the 18th Constitutional amendment, under which responsibility for labour legislation was transferred to the provinces, a series of provincial legislation has been adopted to give effect to the Conventions. In this respect, the Committee takes note of the Khyber Pakhtunkhwa (KPK) Factories Act 2013, the Sindh Factories Act 2015, the Balochistan Factories Act 2021, the KPK Shops and Establishment Act 2015, the Sindh Shops and Commercial Establishment 2015, the Balochistan Shops and Establishments Act 2021, as well as the KPK Mines Safety Inspection and Regulation Act 2019. In its report, the Government indicates that a process of consolidating labour laws is currently taking place, with technical support provided by the ILO to some provinces. The Committee request the Government to continue to provide information on legislative developments.

Hours of work

Article 4 of Convention No. 1. Variable distribution of working hours. The Committee notes that all provisions of provincial legislation that provide for averaging in continuous processes are in accordance with Article 4 of the Convention, with the exception of section 48 of the KPK Mines Safety Inspection and Regulation Act 2019, which allows the limit of hours of work to be raised to 60 hours in any week in case of prescribed processes which are required by their nature to be carried on continuously by a succession of shifts. In this respect, the Committee recalls that in those processes which are required by reason of the nature of the process to be carried on continuously by a succession of shifts, the daily and weekly limit of hours of work may be exceeded subject to the condition that the working hours shall not exceed 56 in the week on the average (Article 4).The Committee requests the Government to provide information on measures envisaged to bring section 48 of the KPK Mines Safety Inspection and Regulation Act 2019 into conformity with the requirements of the Convention.

Article 6(1) and (2). Permanent and temporary exceptions. Consultations. The Committee notes that section 63(2)(b)(c)(d) of the KPK Factories Act 2013, section 64(2)(b)(c)(d) of the Sindh Factories Act 2015 and section 66(2)(b)(c)(d) of the Balochistan Factories Act 2021 allow the provincial governments to introduce permanent exceptions to the rules related to the duration of the working hours with regard to those workers engaged in work of a preparatory or complementary nature; and those whose work is necessarily intermittent. Furthermore, it notes that sections 63(2)(a) and 64(2) of the KPK Factories Act 2013, sections 64(2)(a) and 65(2) of the Sindh Factories Act 2015 and sections 66(2)(a) and 67(2) of the Balochistan Factories Act 2021 allow the provincial governments to introduce temporary exceptions to the rules related to the duration of the working hours where the exception is required to enable the factory to deal with a need for urgent repairs and an exceptional pressure of work, respectively. In addition, it notes that exemptions from working hours provisions under the KPK Factories Act 2013 are provided under the KPK Factories Rules 2022. The Committee notes that none of these texts provide for tripartite consultations as a precondition to granting permanent or temporary exemptions from working hour limits. However, the Government indicates that tripartite consultations have taken place in practice, with the Provincial Tripartite Consultative Committees having been established to get the necessary input from the workers and employers whenever needed. With regards to exceptions that can be established under the Sindh Factories Act 2015, the Government indicates that the Sindh Tripartite Labour Standing Committee has decided to adopt a tripartite mechanism while granting exemptions regarding hours of work. With regards to the exceptions that may be established under the Balochistan Factories Act 2021, the Government indicates that it is in the final stages of adopting the Balochistan Factories Rules 2023, as an outcome of consultations with the social partners. In particular, the draft of the Rules was tabled for consultation and inputs before the Balochistan Provincial Tripartite Consultative Committees in its 11th and 12th Meetings. The Committee also notes that the KPK Factories Rules 2022 were finalized after deliberation with representatives of workers’ and employers’ organizations. In its observations, the Pakistan Mines Workers Federation indicates that the legislation regarding hours of work is not implemented in practice, especially in the mining industry of Pakistan, where workers have to work approximately 12 hours a day. The Committee requests the Government to provide its comments in this respect and to continue to provide information on regulations which may have been adopted under Article 6 of the Convention, so as to grant permanent and temporary exceptions. The Committee also requests the Government to specify how consultations with organizations of employers and workers were ensured on this subject.Furthermore, the Committee requests the Government to provide information on the adoption of the draft Balochistan Factories Rules, and to indicate whether similar regulations have been or are envisaged to be adopted for Sindh and for the Islamabad Capital Territory. The Committee once again requests the Government to provide information on any permanent exceptions to the normal limits on hours of work which may have been made in accordance with section 25(1) and (5) of the Mines Act of 1923 for workers engaged in preparatory, complementary or intermittent work and to specify whether they were adopted after consultation with the organizations of employers and workers concerned, as prescribed by Article 6, paragraph 2, of the Convention.

Weekly rest

The Committee takes note of the observations of the Pakistan Mines Workers Federation, according to which there is no opportunity available to mine workers for weekly rest with wages in practice. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 3 of Convention No. 14 and Articles 2 and 5 of Convention No. 106. Scope of application. The Committee notes that section 5(1) of the KPK Shops and Establishment Act 2015, section 5(1) of the Sindh Shops and Commercial Establishment 2015 and section 5(1) of the Balochistan Shops and Establishments Act 2021 exclude numerous categories of establishments from their scope of application. Furthermore, the Committee recalls that under section 5(2) of the Shops and Establishments Ordinance 1969, numerous commercial establishments are excluded specifically from the application of the provisions on weekly rest (in particular, hotels; shops dealing mainly in vegetables, meat, fish and dairy products; shops dealing mainly in medical supplies; shops dealing mainly in tobacco, cigarettes, refreshments and newspapers; gas stations; barbers’ and hairdressers’ shops; cinemas and theatres). It notes that section 5(2) of the Sindh Shops and Commercial Establishment Act 2015 and section 5(2) of the Balochistan Shops and Establishments Act 2021 provide for the same exclusion of these commercial establishments from the weekly rest entitlement. In this respect, the Government indicates that the Sindh Tripartite Labour Standing Committee has decided to amend section 5(2) of the Sindh Shops and Commercial Establishment Act 2015 in the same manner as section 5(2) of KPK Shops and Establishment Act 2015 was amended so as to ensure than no category is excluded from having a 24-hour weekly rest. The Committee requests the Government to indicate the legal provisions ensuring that a weekly rest comprising not less than 24 consecutive hours in the course of each period of seven days is granted to the categories of workers excluded from the scope of the aforementioned legislation, or to describe any special weekly rest scheme which may be applicable to them.

Article 4 of Convention No. 14 and Articles 7 and 8 of Convention No. 106. 1. Exceptions to weekly rest. The Committee notes that section 63(2) of the KPK Factories Act 2013, section 64(2) of the Sindh Factories Act 2015, and section 66(2) of the Balochistan Factories Act 2021 allow the provincial governments to make rules excepting from the application of the provisions on the weekly rest those workers engaged in urgent repairs or work which must be carried out continuously; in making and supplying articles of prime necessity; in a manufacturing process which cannot be carried out except during fixed seasons or is dependent on natural forces, or who are engaged in engine rooms or boiler houses. For KPK, such rules on exceptions which may be established under the KPK Factories Act 2013 are provided under the KPK Factories Rules 2022. In addition, section 64(2) of the KPK Factories Act 2013, section 65(2) of the Sindh Factories Act 2015, and section 67(2) of the Balochistan Factories Act 2021 provide for the possibility of a similar exemption to allow a factory to deal with an exceptional pressure of work. The Committee requests the Government to provide information on regulations authorising exceptions under the provincial legislation as prescribed by Article 6 of Convention No. 14, and to indicate the manner in which it takes into account all appropriate economic and humanitarian considerations with a view to authorizing such exemptions, in accordance with Article 4 of Convention No. 14. It also requests the Government to specify the legal provisions guaranteeing not less than 24 consecutive hours of weekly rest to all persons excluded from the scope, or describe any special weekly rest scheme which may be applicable to them.

The Committee notes that according to section 4 of the Shops and Establishments Ordinance 1969, section 4 of the Sindh Shops and Commercial Establishment Act 2015, and section 4 of KPK Shops and Establishment Act 2015, the Government, by notification in the official Gazette, has the power to grant exemptions from the operation of all or any of the provisions of the Acts any establishment or any class thereof or any employer or employee or class of employers or employees on such conditions as it may think fit. section 4 of the Balochistan Shops and Establishments Act 2021 provides for the same power to grant exemptions but additionally requires that such notification shall clearly state the rights of employees to be enjoyed or exercised by them, which in no case should be less than those guaranteed under the Act. The Committee requests the Government to provide further details regarding the application in practice of the above-mentioned provisions, including the extent of these exceptions and the precise circumstances under which resort to them is had, as well as the categories of workers concerned.

2. Tripartite consultations. The Committee notes that none of the aforementioned texts provide for tripartite consultations as a precondition to granting permanent or temporary exemptions from the weekly rest entitlement. However, it refers to its comments under Convention No. 1 where it notes the tripartite consultations that lead to the adoption of several provincial legislation. In addition to that, the Government indicates that the Sindh Factories Act 2015 and Sindh Shops and Commercial Establishments Act 2015 were drafted through extensive tripartite process. Furthermore, the Sindh Tripartite Labour Standing Committee has decided to adopt a tripartite mechanism while granting exemptions of weekly rest. The Government indicates that in KPK, during provincialization of labour laws, representatives of workers, employers and other relevant stakeholders were consulted before taking any final decision, including for the KPK Factories Act 2013. Taking note of this information, the Committee requests the Government to continue to indicate how it ensures that exceptions to weekly rest entitlements are made in consultation with representative employers and workers’ organizations as required by the Conventions.

Article 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106. Compensation. The Committee notes that section 35A of the Factories Act 1934, section 55 of the KPK Factories Act 2013, section 56 of the Sindh Factories Act 2015, section 58 of the Balochistan Factories Act 2021, section 24 of the Mines Act 1923, section 48 of the KPK Mines Safety Inspection and Regulation Act 2019, and section 4 of the Road Transport Workers Ordinance 1961 ensure that compensatory rest is granted for all deviations from the ordinary weekly rest scheme without exception. However, no similar provisions ensuring the granting of compensatory rest have been included in the Shops and Establishments Ordinance 1969, the KPK Shops and Establishment Act 2015, the Sindh Shops and Commercial Establishment 2015, and the Balochistan Shops and Establishments Act 2021. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, as far as possible, in case of exceptions to weekly rest, compensatory rest is granted of a total duration of at least 24 hours in the course of each period of seven days. It also requests the Government to provide information on any development in this respect, including the revision of the relevant legislation.

Night work for women

Articles 2 and 3 of Convention No. 89. General prohibition of night work for women in industrial undertakings. The Committee notes the Government’s indication in its report that a series of amendments to provincial legislation and new provincial legislation have been adopted that allow night work for women under certain conditions which aim to ensure their safety. The Committee notes that legislation allows women workers to engage in night work as long as they consent to it and the employer provides them with safe and secure transport facilities (section 45 of the Factories Act 1934 as amended for Punjab in 2022, section 66 of the Sindh Factories Act 2015 as amended in 2021, section 68 of the Balochistan Factories Act 2021, and section 65 of the KPK Factories Act 2013 as amended in 2021). The Committee takes note of the Government’s indication that in the Islamabad Capital Territory, night work for women is prohibited but the matter has been thoroughly discussed with concerned stakeholders and is currently under consideration. In its observations, the APFTU indicates that because of the weak and limited inspection machinery dealing with a large labour force, the legislation that gives effect to the Convention is not fully implemented in practice. Recalling that pregnant and breastfeeding women may be particularly vulnerable to night work and emphasising the importance of women night workers in this situation being given an alternative to night work (see the 2018 General Survey concerning working time instruments, paragraph 545), the Committee requests the Government to continue to provide information on measures taken or envisaged to protect women who work at night, particularly in relation to maternity. Recalling that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (see 2018 General Survey on working time instruments, paragraph 545), the Committee requests the Government to provide information with regards to the consideration given to the matter of night work of women in the Islamabad Capital Territory, in light of the principle of equality of opportunity and treatment between men and women, in consultation with the social partners.

In its previous comments, the Committee noted the Government’s indication that the issue of ratification of Convention No. 171 has been referred to the provinces for deliberation in tripartite meetings with representative employers’ and workers’ organizations and that any action in this regard will be initiated in the light of recommendations received from the provinces. In this respect, the Committee notes that the provinces of KPK and Balochistan indicate that notwithstanding provincial tripartite consultations that take place, the issue of ratification is a federal subject. It also notes that the Sindh Tripartite Labour Standing Committee is in favour of ratification of Convention No. 171 subject to detailed discussion in an upcoming meeting. Recalling that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032, the Committee draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all those working at night. It also encourages the Government to terminate its obligations under the outdated Convention No. 4. The Committee requests the Government to keep the Office informed of any further developments in this regard.

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Article 6 of the Convention. Permanent and temporary exceptions. The Committee notes the Government’s reply to the observations of the Pakistan Workers’ Federation (PWF) according to which it would be necessary to amend section 43(2) of the Factories Act, 1934, and section 25(5) of the Mines Act, 1923, to provide for tripartite consultations as a precondition to granting permanent or temporary exemptions from working hour limits. The PWF also called for the amendment of section 71C(2) of the Railways Act, 1890, which allows railway servants whose employment is essentially intermittent to work up to 84 hours in any week. In its response, the Government indicates that under the 18th Constitutional amendment, responsibility for labour legislation was transferred to the provinces and accordingly the provinces are in the process of developing new labour laws or rationalizing and consolidating existing ones. The Government adds that the observations of the PWF have been forwarded to the provincial governments with the request to duly consider them during the exercise. While noting the Government’s explanations, and while recalling the Government’s obligation to ensure the application of the Convention as well as the compliance at the provincial level, the Committee requests the Government to provide, together with its next report, detailed information on the process and content of any tripartite consultations undertaken at the provincial level on issues related to working time arrangements, and in particular the scope of any authorized derogations from normal hours of work. The Committee also requests the Government to transmit copies of any new laws or regulations dealing with hours of work in industrial undertakings once they have been adopted.

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Article 6 of the Convention. Permanent and temporary exceptions. Further to its previous comment, the Committee notes the new communication of the Pakistan Workers Federation (PWF), dated 30 July 2010, which essentially reproduces earlier observations regarding the need for the Government to engage in consultations for the purpose of reviewing section 43(2) of the Factories Act, 1934, section 25(5) of the Mines Act, 1923 and section 71C(2) of the Railways Act, 1890, that according to the Federation, introduce permanent and temporary exceptions to working hours without conforming to the conditions set out by the Convention, i.e., adoption of regulations by the public authority following consultations with the organizations of employers and workers concerned. The Committee requests the Government to communicate any comments it may wish to make in reply to the latest observations of the PWF. In addition, the Committee requests the Government to provide – in accordance with Article 7 of the Convention – full information concerning any provisions which may have been adopted under Article 6 of the Convention, and also to specify how consultations with organizations of employers and workers were ensured on this subject.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annul leave, part-time and night work, remain relevant in the twenty-first century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.

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The Committee notes the observations made by the Pakistan Workers’ Federation on the application of the Convention dated 21 September 2008 and transmitted to the Government on 10 October 2008. It requests the Government to include in its next report any comments it wishes to make in reply to these observations.

Article 2 of the Convention. Weekly hours of work. The Committee notes that section 46(1) of the Mines Act authorizes the competent government authorities to exempt, either unconditionally or under certain conditions, regions, mines or categories of mines, or specified categories of persons, from the application of all or part of the provisions of this Act. It also notes that, under section 46(5), no exemptions may be granted from the provisions of sections 22B and 22C of this Act, which concern hours of work, except in the case of war or threat to national security. The Committee notes, however, that the central Government has published a list of exemptions granted under section 46 of the Mines Act, some of which concern all the provisions of this Act, whereas others concern specifically section 22B. The Committee requests the Government to provide information on the extent to which exemptions from the provisions of the Mines Act relating to the limitation of working hours are actually authorized, in view of the restrictions expressly established by section 46(5) of this Act.

Article 6. Permanent exceptions. The Committee notes that, in reply to its previous comment on this matter, the Government has only provided information on the permanent exceptions which may be established under the Factories Act of 1934. It therefore once again requests the Government to provide information on any permanent exceptions to the normal limits on hours of work which may have been made in accordance with section 25(5) of the Mines Act of 1923 for workers engaged in preparatory, complementary or intermittent work. The Government is also requested to provide information on the manner in which it is ensured that consultations are held with the employers’ and workers’ organizations concerned prior to the establishment of permanent exceptions for railway staff whose work is essentially intermittent, under sections 71C(2) and 71E(b) of the Railways Act of 1890.

Temporary exceptions. The Committee notes the information contained in the Government’s report on the temporary exceptions authorized by the Punjab Factories Rules of 1978. It requests the Government to provide a copy of the relevant provisions of these Rules. Furthermore, the Committee notes that the Government’s report does not contain any information on the temporary exceptions established under section 25(4) of the Mines Act and section 71C(3)(b) of the Railways Act. It requests the Government to provide information in reply to its previous comment on this matter.

Furthermore, the Committee notes that the Government’s report does not contain any information in reply to its previous comment concerning section 71C(1) of the Railways Act, under which railway staff – other than those whose work is essentially intermittent – may work up to 60 hours per week on average during any month. The Committee therefore trusts that the Government will take the measures required as soon as possible to amend section 71C(1) of the Railways Act in order to bring it into conformity with the Convention.

Furthermore, the Committee notes that, in reply to its previous comment concerning the scope of Article 10 of the Convention, the Government indicates that its legislation already respects the limit of 48 hours per week. In this regard, the Committee wishes to point out that Article 2 of the Convention establishes a double limit on the normal hours of work, which may not exceed eight hours per day and 48 hours per week. Furthermore, it notes that several provisions of the national legislation allow the working time of certain categories of workers to be arranged in such a way that their weekly hours of work may be up to 60 hours per week. It draws the Government’s attention to the fact that exceptions to the normal limits on hours of work are permitted by the Convention only in very specific cases and subject to prior consultation with the employers’ and workers’ organizations concerned. The Committee requests the Government to provide information on any steps it might take to align its legislation with the provisions of Articles 2–8 of the Convention and to declare formally that it considers that Article 10 of the Convention is no longer applicable to it.

Part VI of the report form. The Committee once again requests the Government to provide general information on the manner in which the Convention is applied in practice including, where possible, statistics on the number of workers covered by the legislation, as well as reports of the inspection services, including information on the number and nature of violations reported and the measures taken in response.

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Article 6 of the Convention. Permanent exceptions. The Committee notes that section 43(2)(b), (c) and (d) of the Factories Act, 1934, authorizes the Provincial Government to determine exceptions to the rules governing the duration of the working week with regard respectively to those workers engaged in work of a preparatory or complementary nature; those whose work is necessarily intermittent; and those whose work must, for technical reasons, be carried out continuously. The Committee also notes that, by virtue of section 25(5) of the Mines Act, 1923, the appropriate government may, by order, grant permanent exceptions to a class of workers engaged either in preparatory or complementary work, which must necessarily be carried out outside the mines, or work which is essentially intermittent. The Committee requests the Government to indicate whether such exceptions have been established. If so, the Government is requested to provide copies of the relevant regulations and to specify whether they were adopted after consultation with the organizations of employers and workers concerned, as prescribed by Article 6, paragraph 2, of the Convention.

Moreover, the Committee notes that section 71C(2) of the Railways Act, 1890, states that a railway servant whose employment is essentially intermittent must not be employed for more than 84 hours in any week. By virtue of section 71E(b), of the same Act, the Federal Government may make rules prescribing the authorities who may declare that the employment of any railway servant or class of railway servants is essentially intermittent. The Committee draws the Government’s attention to the fact that Article 6 of the Convention requires that the introduction of permanent exceptions to working hours for certain categories of persons whose work is essentially intermittent must involve the adoption of regulations by the public authority following consultation with the organizations of employers and workers concerned. It requests the Government to specify how consultation with these organizations is ensured.

Temporary exceptions. The Committee notes that section 44(2) of the Factories Act allows the Provincial Government to introduce exceptions to the rules related to the duration of the working week where the exception is required to enable the factory or factories to deal with an exceptional pressure of work. It further notes that section 25(4) of the Mines Act also allows the Chief Inspector of Mines to grant temporary exceptions in exceptional cases of pressure of work. Finally, the Committee notes that such an exception may also be introduced in the case of an exceptional increase in the workload, by virtue of section 71C(3)(b), of the Railways Act. The Committee recalls that, as with the case of permanent exceptions, Article 6 of the Convention requires that the granting of temporary exceptions must involve the adoption by the public authority of regulations, following consultation with the organizations of employers and workers concerned. It requests the Government to supply information on the exceptions which have been effectively authorized under the above provisions and the prior consultations held on this subject with organizations of employers and workers.

Article 10. Weekly working hours. The Committee notes that, by virtue of section 71C(1) of the Railways Act, railway servants, other than those whose work is essentially intermittent, may not be employed for more than 60 hours a week on average in any month. However, Article 10 of the Convention requires the principle of a 60-hour week to be respected and does not allow for the averaging of the maximum weekly hours of work. A 60-hour working week, permitted by this Article of the Convention in respect of certain States, including Pakistan, is already far longer than the general standard of 48 hours provided for by the Convention. The Committee accordingly considers that averaging of working hours in this case, leading to a figure higher than 60 hours a week for certain weeks, would not offer sufficient protection to workers and would be contrary to the provisions of the Convention. The Committee hopes that the Government will soon be in a position to amend its legislation with regard to this point, in order to give full effect to the Convention.

While noting that for the time being the Convention is only binding on Pakistan to the extent prescribed by Article 10, the Committee hopes that the Government will continue its efforts to progressively bring national standards into line with all the requirements set out in the Convention and that, in due course, it will be in a position to formally accept the Convention in its entirety.

Part VI of the report form. The Committee requests the Government to supply general indications on the manner in which the Convention is applied in practice, including where possible, statistics on the number of workers protected by the relevant legislation, as well as reports by the inspection services and information on the number and nature of violations recorded.