Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report. The Committee regrets that the report does not cover all the pending points, despite the fact that the Conference Committee on the Application of Standards, after noting the long-standing nature and the seriousness of the discrepancies between the Convention and national law, had requested the Government, in June 2006, to send a detailed report containing full information on all issues raised, as well as draft texts concerning the application of the Convention.

The Committee notes the discussion in the Conference Committee, in which two Government representatives of Pakistan acknowledged that Pakistan went through a difficult period of economic fragility which had an adverse impact on unemployment and working conditions but, that the economy had now been stabilized through various policies including steps to reform the legislation, following the Committee’s 2005 observation; the Government is making a strong commitment to put in place a good industrial relations system and that steps taken in that direction were being reinforced; bodies for tripartite consultation have been established; and a special committee on labour matters has been set up. The Committee also notes that the Government is working towards resolving outstanding problems in the near future, while at the same time ensuring that measures taken would bring about lasting changes and is looking forward to further cooperation with workers’ and employers’ organizations, as well as the ILO.

The Committee recalls that the pending questions, detailed in its previous observations, refer to:

1. Scope of application of the Convention. (a) Denial of the rights guaranteed by the Convention in export processing zones (EPZs). The Committee noted the Government’s statement that the relevant ministry and the EPZ authority were devising rules for workers in the EPZs to be in conformity with the Convention. The Committee notes the Government’s indication that Export Processing Zone Employment Relations Rules had been prepared in response to the concerns raised regarding the denial of labour rights in this sector. These draft rules have been sent to the Ministry of Law, Justice and Human Rights for review and will be provided to the Committee once the process is completed. Hoping that, in the very near future, the new rules will provide the EPZ workers with all the rights and guarantees enshrined in the Convention, the Committee requests again the Government to send the copy of these rules as soon as 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 noted 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 worker from section 1(4) and thus restore freedom of association and collective bargaining rights to certain categories of worker. The Committee notes that, at the Conference Committee, a Government representative stated that the Amendment Bill, which has been drafted following tripartite consultations, has been submitted to the Pakistani Cabinet. 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.

(ii) In respect of restrictions imposed on the rights of workers employed in the Karachi Electric Supply Company (KESC), the Committee noted 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 notes that, at the Conference Committee, a Government representative was informed of the lifting of the ban on the KESC trade union activities. However, according to the Government, a dispute regarding registration of the labour union in the KESC was considered by the NIRC, which ordered that a referendum be held to prepare for the determination of a collective bargaining agent. The NIRC was making preparations for the referendum, following which labour unions would be fully restored in the KESC. The Committee requests the Government to take all necessary measures to ensure that the KESC workers and the trade union existing in the enterprise enjoy the rights afforded by the Convention in practice and requests the Government to keep it informed of the situation including the decision taken by the NIRC on the registration of a labour union and on the determination of a collective bargaining agent.

(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, the Committee noted that the Government reiterated 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 and that it is in contradiction with the Convention, 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) Regarding the rights afforded by the Convention to workers in the agricultural sector, the Committee notes that, at the Conference Committee, the Government representative underscored that the Ministry of Food and Agriculture and provincial governments had been advised to help streamline the work and activities of rural workers’ organizations in keeping with the Governments’ obligations under the Convention and that the Constitution of Pakistan provided clear guarantees to form or join “associations” to all Pakistani citizens, including rural workers. In its report, the Government indicates that no trade union of agriculture workers has been registered during the period under review but that there are numerous agriculture workers’ associations in place in the country to safeguard their interests. The Committee requests the Government to ensure, in a legal text concerning trade unions, that this category of workers enjoys freedom of association and collective bargaining rights in law and in practice, as required by the Convention, and to provide it with the advice given to the Ministry of Food and Agriculture and provincial governments in this regard.

2. Article 1 of the Convention. (a) Sanctions for trade union activities. The Committee noted 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 (such as telephones) 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 to section 27-B. The Committee notes that the Government indicates that measures to review and ultimately reform section 27-B of the Banking Companies Ordinance of 1962 were under way. While noting that the measures taken to review and ultimately reform section 27-B of the Banking Companies Ordinance of 1962 are under way, 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 All Pakistan Federation of Trade Unions’ (APFTU) 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 the Pakistan Water and Power Development Authority (WAPDA), railway, telecommunication, gas, banks, the Pakistan Agricultural Storage and Supply Corporation (PASSCO), etc., from seeking redress for their grievances from the labour courts, labour appellate tribunals and the 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. The Committee notes that, at the Conference Committee, the Government representative stated that measures to review and ultimately reform section 2-A of the Services Tribunal Act were under way. The Government also refers to the fact that workers can file a petition of “Unfair Labour Practice” to the Labour Courts under sections 63 and 65 of the Ordinance. Noting that measures to review and ultimately reform section 2-A of the Services Tribunal Act are under way, the Committee requests the Government to keep it informed of these measures and ensure that appropriate means of redress are available to these workers.

3. Article 2 (protection against acts of interference). The Committee notes the Government’s indication that workers and employers enjoy adequate protection against any act of interference by each other or each other’s agents or members in their establishment. This principle has been applied by means of legislation under which the field formation of the Directorate of Labour Welfare and the Minimum Wages Board have been established and the workers are authorized to form a trade union and determine a collective bargaining agent for executing agreements between the employers and the workers. The Committee once again requests the Government to state in its next report the specific provisions of the legislation which prohibit and penalize acts of interference by organizations of workers and employers (or their agents) in each others affairs.

4. Article 4 (collective bargaining). 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 is the only trade union at the enterprise and does not have at least one-third of the 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 the 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 Committee observes that the International Confederation of Free Trade Unions (ICFTU) sent comments on the application of the Convention on 12 July 2006. It observes that, if most of these comments concern issues that have already been raised by the Committee in previous observations, the ICFTU gives new examples of violations of the Convention, including several cases of anti-union dismissals in five enterprises and the massive reprisals and arrest of over 600 workers during a collective action. The Committee requests that the Government transmit its observations in this regard.

The Committee expresses the hope that the initiatives taken by the Government to amend the national legislation will be transposed without delay in real legislative reforms in full conformity with the Convention and, given the Government’s statement according to which it is looking forward to further cooperation with the ILO, recalls that the technical assistance of the ILO is at its disposal. The Committee asks the Government to provide information in its next report on any measures adopted to comply with the requirements of the Convention.