Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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.

The Committee had noted 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 had indicated 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. The Government had also indicated 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 recalls that these categories of workers should enjoy the rights enshrined in the Convention and requests the Government to take appropriate measures in this respect. The Committee notes the observations made by the International Confederation of Free Trade Unions (ICFTU) dated 18 September 2002 and by the APFTU dated 11 November 2002 and asks the Government to reply thereto. The Committee notes also the conclusions of the Committee on Freedom of Association in Case No. 2069 (November 2001).

The Committee’s other 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 had noted 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, railways, hospital workers, postal service employees and civil aviation employees).

The Government states that it will provide information on the progress of work of the Commission on banking law review which will examine the questions raised by the Committee. The Committee recalls that only the 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 again 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 had indicated that it has decided to authorize the Export Processing Zones Authority (EPZA) to participate in the preparation of the labour laws, and that draft laws were being finalized. The Government also had indicated that these laws would meet the requirements of the Convention. The Committee requests once again 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 rights and 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 Government simply states in its report that the aggrieved party may go to any other court established for this purpose. The Committee regrets that the Government has not sent enough information in this respect and asks it to take the necessary measures to guarantee an adequate protection.

-  Imprisonment, and/or fines in case of use of bank facilities (telephone, etc.) or of carrying on trade union activities during office hours (section 27-B of the Banking Companies Ordinance, 1962, as modified in 1997). The Committee requests the Government to repeal this provision.

-  Restricted scope of the legislation of trade union rights (IRO, Civil Servants Act, etc.). The Committee refers to the comments made under Convention No. 87.