Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Pakistan (Ratification: 1952)

The Committee notes the information provided by the Government in its report and the comments made by the All Pakistan Federation of Trade Unions (APFTU) in several communications which relate to the prohibition or the limitations of trade union and collective bargaining rights in several industries. The Committee asks the Government to reply to the comments made by the APFTU. The Committee also notes the interim conclusions and recommendations adopted by the Committee on Freedom of Association in Case No. 2006 (see 318th Report of the Committee, paragraphs 324-352, approved by the Governing Body at its November 1999 session).

The Committee's previous comments referred to serious discrepancies between national legislation and the Convention on the following points:

-- denial of free collective bargaining in the public banking and financial sectors (sections 38-A to 38-I of the Industrial Relations Ordinance (IRO), 1969);

-- denial of the rights guaranteed by Articles 1 (protection against anti-union discrimination), 2 (protection against acts of interference), and 4 (right to bargain collectively) of the Convention for workers in export processing zones (section 25 of the Export Processing Zones Authority Ordinance 1980); and

-- lack of sufficient legislative protection for workers dismissed for their trade union membership or activities (the judgement of the Supreme Court of 11 August 1994 restricts the right to judicial recourse in case of dismissal when it is not connected with an industrial dispute thus impeding the possibility of reinstatement provided for under section 25-A of the IRO).

The Committee notes that in its present report the Government states that a Commission for consolidation, simplification, and rationalization of labour laws has been set up. This Commission will look at all discrepancies between national legislation and the Convention.

The Committee once again requests the Government to ensure that the necessary amendments are made to the labour legislation in the very near future so as to bring the latter into conformity with the requirements of the Convention. In preparing such amendments, the Committee would strongly encourage the Government to take into consideration the recommendations of the direct contacts mission which took place in January 1994, as well as those of the tripartite Task Force on Labour which drafted its report in July 1994. The Committee requests the Government to indicate any progress made in this regard in its next report.

Finally, the Committee refers the Government to the comments made under Convention No. 87 concerning certain branches of activity which have been excluded from the Industrial Relations Ordinance and hence from the right to bargain collectively.