Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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. It also notes the Government’s communication dated 20 October 2001 in reply to the comments made by the All Pakistan Federation of Trade Unions (APFTU) regarding the prohibition or the limitations of trade union and collective bargaining rights in several industries, in which the Government indicates that employees of autonomous and semi-autonomous bodies and corporations (i.e. banks, railways, WAPDA, telecommunications and other state enterprises) are not civil servants within the meaning of section 2(1)(b) of the Civil Servants Act of 1973, as the terms and conditions of their service are not regulated by the Act. Furthermore, the Government indicates that the employees of the abovementioned organizations were declared civil servants for the limited purpose of enabling them to file appeals before the Federal Service Tribunal regarding penalties imposed in disciplinary matters. The Committee also notes the comments made by the International Confederation of Trade Unions (ICFTU) in a communication dated 18 September 2001 and asks the Government to reply thereto.

The Committee’s previous comments referred to the 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). The Committee notes that other categories of workers are also deprived of the rights provided for in the Convention (public servants of grade 16 or above, public servants in forestry and railways, hospital workers, postal service employees, civil aviation employees).

The Government states that these services are connected with security and defence of the country. The Committee recalls that only armed forces, the police and public servants engaged in the administration of the State can be excluded from the guarantees of the Convention and asks the Government to take measures in order to bring the legislation in conformity with the Convention.

-  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).

The Government indicates in its report that it has decided to authorize the Export Processing Zones Authority (EPZA) to frame the labour laws, and that draft laws are being finalized. The Government also indicates that these laws will meet the requirements of the Convention. The Committee requests the Government to provide it with a copy of the draft legislation and to ensure that these workers are very soon provided with all the guarantees enshrined in the Convention.

-  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 regrets that the Government has not sent information in this respect and asks it to take the necessary measures to guarantee adequate protection.