Observation (CEACR) - adopted 2020, 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 a serious shortage of labour inspectors in relation to the number of workplaces liable to inspection. It also noted that the provincial labour directorates had a number of functions, such as the registration of trade unions and the conciliation and settlement of industrial disputes, not related to the primary duties of labour inspectors (as defined in Article 3(1) of the Convention).

The Committee notes the Government’s statement in its report that the provincial governments are working to strengthen the labour inspection staff and expand their area of activities. In this respect, it takes due note of the information provided by the Government in its annual labour inspection report of 2018 that there has been a slight increase in the overall number of inspectors compared to the information in the 2017 annual labour inspection report in the provinces of Punjab (from 221 labour inspectors and 13 mine inspectors in 2017 to 225 labour inspectors and 13 mine inspectors in 2018), Sindh (117 labour inspectors and 26 mine inspectors in 2017 to 132 labour inspectors and 21 mine inspectors in 2018) and Khyber Pakhtunkhwa (KPK) (40 labour inspectors in 2017 and 50 in 2018). The Committee notes that one province saw an overall decrease (Balochistan with 73 labour inspectors and nine mine inspectors in 2017 down to 63 and 16 in 2018), and it notes that for Balochistan (37 per cent), KPK (46 per cent) and Sindh (30 per cent), a significant proportion of authorized positions are vacant. The Committee further notes the information provided by the Government on the number of inspections undertaken by the respective inspectorates and the number of workers covered by these inspections, as well as the Government’s indication that the approximate labour force of Pakistan was 65.5 million in 2017–18. With respect to data, the Government indicates that the provincial reporting of data concerning labour inspection is progressing, but that there are sometimes differences in the reported data in different reports.

With respect to the Committee’s previous request on additional duties assigned to labour inspectors, the Committee notes the Government’s statement that the additional duties do not interfere with the effective discharge of their primary duties under Article 3(1) of the Convention. It states that, for example with respect to Punjab, the time spent performing additional functions like registration of trade unions, conciliation and settlement of industrial disputes by labour inspectors, is approximately 5 per cent of the total working time, which leaves ample time to perform primary duties. With respect to this diversion of labour inspector time for additional duties, rather than the primary duties of monitoring and securing the conditions of work and the protection of workers while engaged in their work, the Committee recalls that, according to Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee urges the Government to pursue its efforts to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, including by filling the vacant positions in each province. It requests the Government to continue to ensure the availability of accurate information on the number of labour inspectors in each province and to continue to provide information on the number of labour inspectors (as well as vacant positions) and labour inspections performed in each province. The Committee also requests the Government to provide further information on the measures taken to strengthen the authorities responsible for labour inspection in the four provinces. In this respect, the Committee once again requests the Government to provide an organizational chart of the labour inspection services in each province.

Article 12. Free access of labour inspectors to workplaces. In its previous comment, the Committee noted that the 2017 Sindh Occupational Safety and Health (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). It recalled that according to Article 12 of the Convention, 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. It also noted the 2019 Punjab OSH Act, which covers labour inspection, did not contain any provisions related to the power of labour inspectors to freely enter workplaces liable to inspection without prior notice.

The Committee notes the Government’s reiterated indication that labour inspectors may enter workplaces freely and without previous notice, pursuant to the Factories Act of 1934 and the Mines Act of 1923. It notes in this respect the information provided by the Government on the applicable legislation in the respective provinces, indicating that the Factories Act of 1934 is not applicable in the provinces of KPK and Sindh, which adopted provincial Factories Acts in 2013 and 2015, respectively.

In this respect, the Committee notes the provisions on the powers of inspectors in the Factories Act of 1934, the Sindh Factory Act of 2015 and the KPK Factories Act of 2013, which do not specifically refer to entry without prior notice while providing that inspectors may enter establishments (which are liable to inspection, or which they have reason to believe to be liable) as they think fit, subject to any rules made by the Government (section 11 of the Factories Act of 1934, section 12 of the KPK Factories Act and section 13 of Sindh Factories Act). The Committee requests 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. It requests the Government to provide information on any rules (or legislation) adopted with an impact on the exercise of the powers of inspectors referred to in section 11 of the Factories Act of 1934, section 12 of the KPK Factories Act and section 13 of Sindh Factories Act. It also requests the Government to provide information on the exercise of this right in practice in the provinces of KPK and Sindh, indicating the number of inspections conducted with and without prior notice.

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 welcomes the information provided, in reply to the Committee’s previous request concerning enforcement and in the annual labour inspection report of 2018, concerning the number of infringements detected, the number of convictions, and the amount of fines imposed by the Directorates of Labour and Departments of Mining of each province. It also notes the Government’s statement, in response to the Committee’s previous request related to the obstruction of labour inspectors, that there have been no cases reported relating to obstruction of labour inspectors in their duties in all Provinces. Concerning the Committee’s previous request regarding progress made to provide for increased penalties, the Committee further notes the Government’s reference to the adoption, in January 2020, of the KPK Mines Safety, Inspection and Regulation Act, 2019, which revised and raised the applicable fines in the case of violations in mining. Noting that the Government previously referred to draft labour legislation providing for increased penalties in Balochistan and Sindh, the Committee 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 the obstruction of labour inspectors in their duties in each of the provinces. It also 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, and to provide information on the proportion of imposed fines that are paid in practice for each province. Noting the Government’s indication that no cases have yet been reported related to any obstruction of labour inspectors in their duties, the Committee urges the Government to provide information on the possible reasons for this lack of reporting, including whether it is related to a lack of sufficiently detailed inquiry, or to inspectors’ reluctance to initiate such reports. It requests the Government to provide information on any cases reported in the future, in relation to each of the provinces, including the outcome of the case and the specific penalties applied (including the amount of fines imposed).

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