Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the Government’s report. The Committee further notes the comments made by the All Pakistan Federation of Trade Unions (APFTU) and the International Confederation of Free Trade Unions (ICFTU) in communications dated 14 May and 31 August 2005, respectively, concerning the application of the Convention. The comments of both unions concern legislative issues raised in the previous observation of the Committee as well as the application of the Convention in practice. The Committee requests the Government to provide its observations thereon. The Committee takes note of the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2229.

1. Scope of application of the Convention. (a) Denial of the rights guaranteed by the Convention in export processing zones (EPZs). The Committee notes the Government’s statement that the relevant ministry and the EPZ authority is devising the Service Regulations for the workers in the EPZs to be in conformity with the Convention. Hoping that, in the very near future, the Regulations will provide the EPZ workers with all the rights and guarantees enshrined in the Convention, the Committee requests the Government to send the copy of the Regulations as soon as they are adopted.

(b) Denial of the rights guaranteed by the Convention to other categories of workers. (i) The Committee had previously noted that the Industrial Relations Ordinance (IRO) of 2002 excluded from its scope workers employed in the following establishments or industries: installations or services exclusively connected with the armed forces of Pakistan, including the Ministry of Defence Railway Lines; Pakistan Security Printing Corporation, or the Security Papers Limited or Pakistan Mint; establishments or institutions maintained for the treatment or care of sick, infirm, destitute and mentally unfit persons excluding those run on a commercial basis; institutions established for payment of employees’ old-age pensions or for workers’ welfare; and members of the watch and ward, security or fire service staff of an oil refinery or of an establishment engaged in the production, transmission or distribution of natural gas or liquefied petroleum products or of a seaport or an airport (section 1(4)) and persons who are employed mainly in a managerial or administrative capacity (section 2(xxx)), as well as workers of charitable organizations (section 2(xvii)). The Committee notes the Government’s statement that it has sent the draft amendments of the IRO to the Prime Minister’s secretariat for approval before their submission to Parliament. The amendments would remove certain categories of workers from section 1(4) and thus restore freedom of association and collective bargaining rights to certain categories of workers. Hoping that the new amendments will afford the right to organize to the abovementioned categories of workers, the Committee requests the Government to provide a copy of the draft amendments so that it may examine their conformity with the Convention.

(ii) In respect of restrictions imposed on the rights of workers employed in the Karachi Electric Supply Company (KESC), the Committee notes that according to the Government, after promulgation of the IRO, the KESC workers were entitled to the right of association. However, following an application filed by the Trade Union of the KESC, the National Industrial Relations Commission (NIRC) issued an order to the effect that the IRO was not applicable to the KESC. The Trade Union of the KESC appealed to the bench of the NIRC and the matter was still pending. The Committee requests the Government to take all necessary measures to ensure that the KESC workers enjoy the rights afforded by the Convention in practice and requests the Government to keep it informed of measures taken or envisaged in this respect. It further requests the Government to keep it informed of the decision taken by the bench of the NIRC.

(iii) With respect to Chief Executive’s Order No. 6 which abolished trade union rights of the workers in Pakistan International Airlines (PIAC) and suspended all the existing collective agreements, noting that the Government reiterates that the case of the trade unions affected by the Order was still pending before the Supreme Court of Pakistan, the Committee once again 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. While taking note that the case is still pending before the court, in view of the fact that Order No. 6 was issued by the Chief Executive, the Committee once again requests the Government to take all necessary measures to repeal the Order and to restore full trade union rights to the PIAC workers. It requests the Government to keep it informed in this respect.

(iv) Noting that no information was provided by the Government with regard to the rights afforded by the Convention to workers in the agricultural sector, the Committee requests the Government to indicate in its next report whether this category of workers enjoys freedom of association and collective bargaining rights and, if this is not the case, to take the necessary legislative measures to guarantee this right.

2. Article 1 of the Convention. (a) Sanctions for trade union activities. The Committee notes the Government’s statement that while section 27-B of the Banking Companies Ordinance of 1962 - according to which imprisonment and/or fines are imposed in cases which include the use of bank resources (telephone, etc.) or of carrying on trade union activities during office hours, pressure tactics, etc. - does not violate rights guaranteed under the Convention, the Ministry of Labour was consulting with the ministries concerned regarding the amendment of section 27-B. The Committee expresses the firm hope that the Government will repeal these restrictions in the near future and requests the Government to keep it informed in this respect.

(b) Lack of sufficient legislative protection for workers dismissed for their trade union membership or activities (section 25-A of the IRO of 1969). The Committee had previously noted the APFTU’s statement, according to which the newly imposed section 2-A of the Service Tribunals Act has debarred workers engaged in autonomous bodies and corporations such as WAPDA, railway, telecommunication, gas, banks, PASSCO, etc., from seeking redress for their grievances from the labour courts, labour appellate tribunals and NIRC in the case of unfair labour practices committed by the employer. The Committee had noted the Government’s statement that the issues related to provision 2-A had been addressed and that a proposal had been made by the Ministry to delete or amend it in order to enable public sector workers to seek remedy under labour legislation. In view of the fact that no further information was provided by the Government in its recent report, the Committee once again requests the Government to keep it informed of the measures taken in order to ensure that appropriate means of redress are available to these workers.

3. Article 2. The Committee once again requests the Government to state in its next report whether the legislation prohibits and penalizes acts of interference by organizations of workers and employers (or their agents) in each other’s affairs and to indicate the relevant provisions.

4. Article 4. The Committee once again requests the Government to amend the following sections of the IRO 2002 and keep it informed of the measures taken or envisaged in this respect:

(i)  section 20, from which it results that if the trade union, which is the only trade union at the enterprise, does not have at least one-third of employees as its members, no collective bargaining is possible at a given establishment. The Committee requests the Government to ensure that if there is no union representing the required percentage to be designated as a collective bargaining agent, collective bargaining rights are granted to the existing unions, at least on behalf of their own members;

(ii)  section 20(11) according to which no application for determination of the collective bargaining agent at the same establishment may be made for a period of three years once a registered trade union has been certified as collective bargaining agent. The Committee requests the Government to ensure the possibility for another union to make appropriate representations to the competent authority and to the employer regarding the recognition of this union for collective bargaining purposes if the most representative union which enjoys exclusive bargaining rights, seems to have lost its majority;

(iii)  section 54 according to which the NIRC may determine or modify a collective bargaining unit on an application made by a workers’ organization or reference made by the federal government. The Committee requests the Government to ensure that the choice of collective bargaining unit may only be made by the partners themselves, since they are in the best position to decide the most appropriate bargaining level.

[The Government is asked to supply full particulars to the Conference at its 95th Session.]