Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Pakistan (Ratification: 1951)

The Committee notes that a new Industrial Relations Ordinance (IRO) was promulgated by the President of Pakistan in July 2011 and is currently pending before the National Assembly. The Committee raises the following points with regard to this new legislation.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations of their own choosing. The Committee notes that by virtue of its sections 1(3) and 3(xi), read together, the IRO appears to apply only to workers under a contract of employment. The Committee considers that the criterion for determining the persons who should enjoy this right to organize should not be based on the existence of an employment relationship, which is often non-existent, for example in the case of self-employed workers or those who practice liberal professions, or in the informal sector. The Committee therefore requests the Government to indicate whether self-employed workers enjoy the rights afforded by the Convention.

The Committee notes that according to section 6 of the IRO, any trade union may apply for registration provided that there shall be at least two trade unions in an establishment. The Committee requests the Government to clarify the meaning of this provision and to provide information on its application in practice.

The Committee notes that under section 3 of the IRO, no worker shall be entitled to be a member of more than one trade union. The Committee requests the Government to indicate how workers who have more than one occupation and/or are employed by different establishments can exercise their right to establish and join trade unions of their own choosing for furthering and defending their interests, particularly in the light of the restrictions imposed by section 8(2)(a), providing that only trade unions of workers engaged or employed in the same industry may be registered.

Articles 5 and 6. Right of organizations to establish federations and confederations. The Committee notes that under section 14(4) of the IRO, no trade union federation or confederation shall be formed and registered having the same, similar or identical name. The Committee requests the Government to clarify what interpretation is given to the wording “similar name”.