Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Articles 3(1) and (2), 4(2), 10 and 16 of the Convention. Effective organization of the labour inspection services and the supervision and control by central labour inspection authorities at the provincial levels. Number of labour inspectors and number and thoroughness of labour inspections. The Committee previously noted from the 2016 national occupational safety and health (OSH) profile published by the Ministry of Overseas Pakistanis and Human Resources Development that there continued to be a serious shortage of labour inspectors in relation to the number of workplaces liable to inspection. One of the recommendations in that profile concerned the creation of independent labour inspection authorities (separate from the provincial labour departments currently acting as central authorities) at the provincial levels with sufficient human and financial resources. The Committee notes the Government’s reiterated indication in its report, in reply to the Committee’s previous request, that the provincial governments do not have the necessary resources to set up independent labour inspection entities. In this regard, the Committee also notes from the information in the 2017 annual labour inspection report transmitted by the Government that the provincial labour directorates have a number of functions, which include the enforcement of labour legislation, but also other functions such as the registration of trade unions and the conciliation and settlement of industrial disputes.

In response to the Committee’s request to increase the number of labour inspectors in all provinces, the Committee notes the statistics provided by the Government on the number of labour inspectors in all provinces. The Committee notes that there are significant discrepancies in the statistics on the number of labour inspectors contained in the 2017 annual labour inspection report transmitted by the Government, the report sent by the Government in 2018 and the current report of the Government, in view of which it is not possible for the Committee to make an informed assessment as regards the evolution in the number of labour inspectors. The Committee urges the Government to pursue its efforts to increase the number of labour inspectors, and to ensure the availability of accurate information on the number of labour inspectors in each province. Recalling that the labour inspection system shall be placed under the supervision and control of a central authority, which is expected to ensure the effective functioning of inspections in each province, the Committee once again requests the Government to provide information on any measures taken or envisaged to strengthen the authorities responsible for labour inspection in the four provinces, including any measures related to the creation of independent labour inspection authorities, or the establishment of separate labour inspection structures in the labour directorates. In this respect, the Committee requests the Government to provide an organizational chart regarding the organization of the labour inspection services in each province, and to provide information on the number of labour inspectors and labour inspections performed in each province, disaggregated by year from 2017 to the present. Lastly, the Committee requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, additional duties assigned to labour inspectors are not such as to interfere with the effective discharge of their primary duties, as defined in Article 3(1). The Committee accordingly requests the Government to provide further information on the amount of time spent by labour inspectors on additional functions such as the registration of trade unions, conciliation and settlement of industrial disputes, in comparison to their primary duties under Article 3(1).

Article 12. Free access of labour inspectors to workplaces. In its previous comment, the Committee noted that the 2017 Sindh OSH Act restricts the conduct of inspection visits to “any reasonable time” (and only permits entry “at any time” in situations that are or may be dangerous) (section 19), while Article 12 of the Convention provides that labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee notes the Government’s indication, in response to the Committee’s request to ensure that labour inspectors may enter workplaces freely and without previous notice, that in Sindh and Punjab and all other provinces, pursuant to the Factories Act and the Mines Act, labour inspectors have this right. The Government adds that some inspections may be conducted following prior notice to ensure that records are ready and available during inspections. The Committee notes that while the 2019 Punjab OSH Act contains provisions related to inspection, it does not contain any provisions related to the power of labour inspectors to freely enter workplaces liable to inspection without prior notice.

The Committee recalls the importance of fully empowering labour inspectors to make visits without previous notice in order to guarantee effective supervision, in accordance with Article 12 of the Convention. With reference to paragraph 266 of its 2006 General Survey, Labour Inspection, the Committee also recalls that restrictions placed in law or in practice on inspectors’ right of entry into workplaces can only stand in the way of achieving the objectives of labour inspection as set out in the Convention. The Committee urges the Government to take the necessary measures to ensure that labour inspectors in all provinces are empowered in law and practice to enter any workplace liable to inspection freely and without previous notice at any hour of the day or night, as provided for in Article 12(1) of the Convention. Noting that the Government has not provided the requested statistics, the Committee once again requests the Government to provide information on the number of inspections conducted with and without prior notice in the provinces of Sindh and Punjab, disaggregated by year from 2017 to the present.

Articles 17 and 18. Effective enforcement. Sufficiently dissuasive penalties for labour law violations and for obstructing labour inspectors in the performance of their duties. The Committee notes that the Government refers, in reply to the Committee’s previous request, to the progress made with respect to draft labour legislation providing for increased penalties in Balochistan, Khyber Pakhtunkhwa and Sindh. The Committee also notes the Government’s reference to the consideration of draft legislation providing for an increase in the level of penalties for the obstruction of labour inspectors in their duties in Balochistan and Khyber Pakhtunkhwa. The Committee also notes that the Government only provides the requested information on cases concerning the obstruction of labour inspectors for the province of Khyber Pakhtunkhwa, where the Government indicates that no such cases have been observed. The Committee requests the Government to continue to provide information in relation to each of the provinces on the number of violations detected, the number of such violations which resulted in prosecution, and subsequent convictions, and both the number and amount of the fines imposed. The Committee also requests the Government to continue to provide information on the progress made with respect to increasing the level of fines and other penalties for labour law violations and for the obstruction of labour inspectors in their duties in each of the provinces, and to provide a copy of the relevant legislation, once adopted. Lastly, the Committee urges the Government to provide information on cases relating to the obstruction of labour inspectors in their duties, in relation to each of the provinces, including the specific number of instances of obstruction, the number of prosecutions undertaken, their outcome and the specific penalties applied (including the amount of fines imposed).

Articles 20 and 21. Publication of an annual inspection report. The Committee welcomes the 2017 annual report on the work of the labour inspection services communicated to the Office within the time limits prescribed in Article 20, containing information on all the subjects listed in Article 21 for the four provinces and the Islamabad Capital Territory. In this respect, the Committee also notes the Government’s reference to the project of a centralized database in Khyber Pakhtunkhwa, which would contain data about workplaces, the number of workers employed therein, as well as compliance with labour legislation. Welcoming this positive development, the Committee trusts that the Government will continue to regularly publish and communicate to the ILO the annual labour inspection reports. The Committee requests the Government to continue to provide information on any measures undertaken in each of the provinces for the collection of labour inspection data. Further, the Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) concerning the type of information that should be included in the annual labour inspection reports.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2020.]