Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Inspection Convention, 1947 (No. 81) - Pakistan (Ratification: 1953)

The Committee notes the Government’s reply of 12 March 2012 in response to the comments provided by the Pakistan Workers Confederation (PWC), which were received on 21 November 2011.

Articles 1, 2, 3(1)–(2), 6, 7, 9, 10, 11, 12, 16, 17, 20 and 21 of the Convention. Implementation of a new labour inspection policy and revision of labour laws. The Committee notes the information provided by the Government in response to the comments of the PWC on the implementation of a labour inspection policy, which had been developed in the 2006 and 2010 documents on labour inspection policy. In particular the 2006 document envisaged various measures, including the establishment of computerized registries, the implementation of the “one inspector, one enterprise” approach, capacity building for labour inspectors, the increase in preventive measures, the introduction of risk assessment and the recruitment of qualified technical experts. The Government indicates that, following a constitutional amendment, the subject of labour has been delegated to the provincial legislative powers. The Committee notes that the concurrent list of legislative powers in schedule IV of the Constitution, which had displayed labour as a concurrent subject, was declared void, along with the 18th Constitutional Amendment of 2010. The Government further notes in its report that the provinces are about to adopt labour legislation and are drafting new labour laws, in accordance with their own local requirements, including in the field of occupational safety and health (OSH) and the rationalization of their labour laws in the context of the ILO Decent Work Country Programme (DWCP). It adds that the provinces are consequently responsible for the adoption or implementation of all measures in connection with the 2006 and 2010 documents on labour inspection policy. Furthermore, under the terms of the 18th Constitutional Amendment, there will be a coordination mechanism at the federal level, replacing the national inspection authority that had previously been planned.

The Committee would be grateful if the Government could clarify the extent to which the provinces, following the Constitutional Amendments of 2010, are still subject to legally binding guidance given at the federal level in the field of labour, including on labour inspection, and the extent to which competence in the field of labour in this respect will remain at the federal level.

The Committee asks the Government to specify the implementation measures that have been taken at provincial level with regard to the subjects and points raised by the Committee previously in relation to the 2006 and 2010 labour inspection policy documents and if so to specify those measures.

It would be grateful if the Government could provide copies of any labour laws adopted in the provinces and indicate any other legal texts which, in accordance with Parts I and II of the report form, implement the provisions of the Convention at the provincial level. It finally requests the Government to provide information on the mandate and operation of the coordination mechanism at the federal level, and any institutional arrangements envisaged and/or created in this respect.

The Committee notes with interest the information provided by the Government in response to the longstanding concerns raised by the PWC in relation to the cession of labour law enforcement in the provinces of Punjab and Sindh. The PWC alleged that their labour inspection system became inoperative following the adoption of restrictive policies in these provinces, under which labour inspection visits required prior permission by the employer concerned, and that inspections had been abandoned in favour of an exclusively voluntary self-declaration mechanism. The All Pakistan Federation of United Trade Unions also drew attention in previous comments to the restricted inspection policy at the federal level, including the banning of inspection in industry by the previous Government, thus causing an increase in child labour.

The Government explained in its report that inspection had been banned in the industrial units of Punjab under the Punjab Industrial Policy 2003, which had introduced the procedure of self-declaration for employers. However, this procedure did not appear to be achieving the desired results, due to a lack of cooperation from employers. Finally, the Government transmitted to the Office a notification from the Punjabi Government and indicated that the Government of Punjab had withdrawn the Punjab Industrial Policy 2003, thus allowing regular inspections once again. The Government adds that the Government of Punjab organizes seminars, in collaboration with local chambers of commerce, to highlight the benefits of inspection under various labour laws.

The Committee asks the Government to clarify whether the restrictive policy banning labour inspections has also been abandoned in the province of Sindh and/or in other provinces, and if not, to indicate the measures taken at the competent level to bring the labour inspection policy into line with the requirements of the Convention so that labour inspectors can perform their duties in accordance with the provisions of the Convention.

Parts I and II of the report form. Implementation of the Convention at the provincial level. The Committee notes the brief description of the labour inspection system in the provinces of Punjab and Sindh provided in reply to its previous comments. It notes the division of competencies between labour inspectors and labour officers, which may vary according to the undertaking liable to inspection, and the indications concerning the hierarchy of labour inspection staff.

Noting that the Amendment to the Constitution may result in changes in the organization and legal framework applicable to the labour inspection system in the provinces, the Committee expresses its wish to receive more information, in accordance with Parts I and II of the report form, including, but not limited, to:

• -the organizational structure (if possible with an organizational chart) and administrative arrangements; the central authority at the provincial level competent for labour inspection in each province;
• -the legislative framework for labour inspection at the provincial level, including any laws on labour inspection, concerning the status, powers and obligations of labour inspectors in each province;
• -statistics on the number of labour inspection staff per office in each province; and
• -the material means available, such as office facilities, means of transport, for inspections and applicable reimbursement rules.

Articles 20 and 21. Publication of an annual inspection report. The Committee recalls its longstanding comments in which it emphasized the need to publish an annual inspection report. It recalls in this respect that the regular communication of the annual report to the Office enables the ILO supervisory bodies to assess the performance and difficulties that arise in establishing and implementing the labour inspection system, and to support the Government’s efforts to meet the objectives laid down in the ILO’s instruments. It also recalls that the annual report provides the social partners, and public and private bodies concerned, with the opportunity to better understand the work and objectives of the labour inspectorate, as well as the problems it faces, and to contribute their views on how it could be improved (General Survey on labour inspection, 2006, paragraphs 331 and 332). In its previous comments, it also requested information on the extent to which tools for the registration and processing of the relevant data (e.g. enterprise registries) were implemented. The Government indicates in this respect that the Chief Inspectors of Factories in the provinces maintain a register of enterprises, and that provincial Governments are advised to publish inspection reports annually. In addition, it provides statistics on factory inspection, the warnings issued and the number of prosecutions by district. The Committee asks the Government to take the necessary steps to ensure that annual inspection reports are published by each province containing detailed and up-to-date information on the subjects covered by Article 21.