Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Equal Remuneration Convention, 1951 (No. 100) - Pakistan (Ratification: 2001)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 1 of the Convention. Legislation. The Committee notes the Government’s indication that constituent consultations for the draft Employment and Service Conditions Act have been concluded at the federal level, and have been forwarded to the provincial governments for adoption. It notes the Government’s indication that after the constitutional amendment, the federal government now plays the role of the facilitator, providing technical assistance to provincial governments to “provincialize” existing federal labour legislations. The Committee notes that a federal tripartite consultation committee has been established at the federal level, its functions including the monitoring of legislative and administrative steps taken by provincial governments to implement the principles of the Convention. It also notes that offices of the Ombudsperson have been established at both the federal and provincial levels. Noting the unique opportunities and challenges presented by this devolution process, the Committee also emphasizes the importance of training provincial labour inspectors to increase their capacity to prevent, detect and remedy violations of the principles of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 875). The Committee requests the Government to provide more information regarding the work of the tripartite consultation committee established at the federal level, as well as a copy of the finalized draft Employment and Service Conditions Act that has been forwarded to the provincial governments. The Committee also requests more information regarding the mandate and activities of the Offices of the Ombudsperson at the federal and provincial levels.

Article 2(2). Enforcement. The Committee notes that the Pakistan Workers Confederation (PWF) stresses in its observation the need to amend relevant legislation with a view to ensuring its effective enforcement in both the public and the private sectors including through an independent labour inspection mechanism. The Committee notes the Government’s statement that no complaints have been filed with the Offices of the Ombudsperson nor the labour courts regarding issues related to the principles covered under this Convention. In this regard, the Committee wishes to recall that no society is free from discrimination, and that continuous action is required to address it (see General Survey on the fundamental Conventions, 2012, paragraph 731). Noting the increased participation of women in the labour market with greater awareness of the need to eliminate gender discrimination in work, and noting the unique opportunities and challenges presented by the devolution process in response to the constitutional amendment mentioned above, the Committee emphasizes the importance of training provincial labour inspectors to increase their capacity to prevent, detect and remedy violations of the principles of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 875) and to raise awareness of workers’ and employers’ organizations at the provincial level. The Committee also recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). Consequently, the Committee requests the Government to provide information on concrete measures taken with a view to strengthening the mechanisms to enforce the principle of equal remuneration for men and women for work of equal value, including measures taken to adequately train the labour inspectorate and judges at the provincial level, as well as awareness-raising activities for the general public. The Committee also requests the Government to provide information on measures taken to ensure that workers who believe their right to equal remuneration for work of equal value has been violated may effectively seek redress, and to provide information on any complaints made to relevant authorities concerning the application of the principles of this Convention.