Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Pakistan (Ratification: 1927)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 18 (Workers’ Compensation, Occupational Diseases), 19 (Equality of Treatment, accident compensation), and 118 (Equality of Treatment, Social Security) together.

The Committee notes the observations of the Pakistan Mines Workers’ Federation, received on 7 September 2023, and requests the Government to provide its comments in this respect.

The Committee takes due note of the information provided by the Government in its report that the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102) and of the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) is a priority in the near future.

Article 1 of the Convention No. 18. The Committee notes the information provided by the Government concerning legislative developments at the federal and provincial levels, the amounts of benefits provided, and persons covered in case of employment injury.

Application of Convention No. 18 in practice. The Committee recalls that in its previous report, the Government indicated that statistical information on the number of occupational diseases registered was not available and that issues concerning the collection of data related to occupational diseases would be discussed by the Federal Tripartite Consultative Committee. The Committee requests that the Government provide information on (i) the results of the discussions held by the Federal Tripartite Consultative Committee in this regard; and (ii) the measures taken or planned to improve the collection of statistical data on the incidence and prevalence of occupational diseases in each province.

Article 1(1) of Convention No. 19 and Articles 3 and 10 of Convention No. 118. Persons protected. The Committee requests the Government to provide updated statistical information on (i) the number of foreign workers currently residing in Pakistan, including refugees or stateless persons, and registered with the social security systems, both central and provincial; and (ii) the number of foreign workers receiving social security benefits and their respective nationality.

Article 1(2) of Convention No. 19 and Article 4 of Convention No. 118. Conditions of residence. The Committee requests the Government to indicate whether the entitlement to social security benefits of foreign workers currently residing in Pakistan is subject to any qualifying conditions related to the length of residence, in respect to the branches accepted.

Article 2 of Convention No. 19 and Articles 7, 8 and 9 of Convention No. 118. Multilateral or bilateral social security agreements. The Committee requests the Government to provide up to date information on any multilateral or bilateral social security agreements for the provision of benefits, the maintenance of the acquired rights and rights in course of acquisition, and, if possible, a copy of such agreements.

Article 5 of Convention No. 118. Payments of benefits abroad. The Committee requests the Government to provide up to date information on: (i) whether and how beneficiaries can receive social security benefits acquired in Pakistan when they move abroad (for example, through international bank transfers or similar schemes); and (ii) the number of foreign and national workers receiving social security benefits abroad, indicating, if any, in which countries and the type of benefits paid in respect to the branches accepted.

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

The Committee notes that, as a result of the 18th Amendment to the Constitution, the competence to legislate on labour issues, including on occupational diseases, now lies with the provinces. Emphasizing that this new situation does not affect the Government’s responsibility to implement the Convention, the Committee hopes that the Government will make all efforts to ensure that the provincial legislation addressing occupational diseases will fully comply with this instrument. It also invites the Government to draw the attention of the provincial authorities to the revised list of occupational diseases contained in the amended schedule I of the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) as well as to the List of Occupational Diseases Recommendation, 2002 (No 194). The Committee asks the Government to keep it informed of all legislative developments, both at the central and provincial level.

The Committee notes that, in its communication dated 21 November 2011, the Pakistan Workers’ Federation points out that the compensation granted in case of death or permanent incapacity caused by an employment injury should be re-evaluated to follow the pace of inflation. While acknowledging the death grants served by the Workers’ Welfare Fund, the Committee invites the Government to specify in its next report the amounts of the periodical or lump-sum benefits provided in case of death or permanent incapacity due to an employment injury, as well as the mechanisms which ensure their periodical re-evaluation.

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

The Committee notes the report of the Government as well as the comments sent by the Pakistan Workers’ Federation in a communication dated 21 November 2011. For many years, the Committee and the Government have been maintaining a dialogue regarding the possibility of increasing the wage ceilings giving entitlement to protection in the event of occupational disease so as to ensure the protection afforded by the Convention to a greater number of workers. The Committee notes with satisfaction that, according to the Government report, the condition of wage ceilings was waved in 2007 as a result of an amendment to the Workmen’s Compensation Act, 1923. The Committee invites the Government to provide information in its next report of the number of persons covered by the Act as well as the number of occupational diseases registered and the amount of compensation paid.

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Repetition

The Committee notes the Government’s statement that the list of occupational diseases established by the 1923 Act will certainly be reviewed so as to include new diseases in the context of the process of reviewing the national legislation on occupational health and safety. It would be grateful if the Government would keep the Committee informed in this respect.

The Committee requests the Government to indicate whether a further increase could be envisaged of the wage ceilings giving entitlement to protection in the event of occupational disease so as to ensure the protection afforded by the Convention to a greater number of workers in the medium term.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the report provided by the Government which refers, among other subjects, to the raising of the wage ceiling giving entitlement to protection under the Workmen’s Compensation Act, 1923. The wage ceiling has been raised from Rs3,000 to Rs6,000 a month in the context of the harmonization of the social protection legislation. The Committee also notes with interest the Government’s statement that the list of occupational diseases established by the 1923 Act will certainly be reviewed so as to include new diseases in the context of the process of reviewing the national legislation on occupational health and safety. It would be grateful if the Government would keep the Committee informed in this respect.

The Committee would also be grateful to be provided with additional information with regard to the situation under the Workmen’s Compensation Act of persons whose wages exceed the above ceilings. In this respect, the Committee requests the Government to indicate whether a further increase could be envisaged of the wage ceilings giving entitlement to protection in the event of occupational disease so as to ensure the protection afforded by the Convention to a greater number of workers in the medium term.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Referring to its previous comments, the Committee notes the information provided by the Government on the application of the Convention, as well as the Government’s reply to the comments made by the All Pakistan Federation of Trade Unions. The Committee notes in this regard the Government’s statement that it has already recommended that wage ceilings giving entitlement to protection under the Workmen’s Compensation Act of 1923 be increased from 3,000 Pakistani rupees to 6,000 Pakistani rupees per month, in order to bring these ceilings into line with those adopted recently for the purposes of other social protection legislation. The above trade union organization also raised the question of the revision of the list of occupational diseases envisaged by the legislation in order to bring it up-to-date with developments in technology and occupational risks. The Committee notes the Government’s statement, according to which the list of occupational diseases established by the 1923 Act is in conformity with the provisions of Convention No. 18 and, since the adoption of the Act, has been periodically revised. The Committee further notes that, in the case of this trade union organization wishing to include new occupational diseases on this list, the Government states that such an extension can be carried out once the required studies have been completed.  It would be grateful if, in its next report, the Government would keep it informed of any developments in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the All Pakistan Federation of Trade Unions has made comments on the application of the Convention further to those that it made in 1999. In its comments, it once again calls upon the Government to take action to raise the wage ceilings giving entitlement to protection under the Workmen’s Compensation Act in order to bring these ceilings into line with those adopted recently for the purposes of other social protection legislation. The Committee would be grateful if the Government would reply to the comments made by the All Pakistan Federation of Trade Unions in its next report.

[The Government is asked to reply in detail to the present comments in 2005.]

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the All Pakistan Federation of Trade Unions has made comments on the application of the Convention further to those that it made in 1999. In its comments, it once again calls upon the Government to take action to raise the wage ceilings giving entitlement to protection under the Workmen’s Compensation Act in order to bring these ceilings into line with those adopted recently for the purposes of other social protection legislation. The Committee would be grateful if the Government would reply to the comments made by the All Pakistan Federation of Trade Unions in its next report.

[The Government is asked to reply in detail to the present comments in 2004.]

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes with interest, from the information provided by the Government, that Schedule III annexed to the Workmen's Compensation Act, 1923 (as amended), still mentions poisoning by mercury and the direct consequences of this poisoning.

2. The Committee also notes the comments submitted by the All Pakistan Federation of Trades Unions on the application of the Convention. The Committee requests the Government in its next report to reply to the abovementioned comments regarding the exclusion from the scope of the Workmen's Compensation Act, of workers whose wages exceed a fixed ceiling; the revision of rates of benefit and the adaptation of the schedule of occupational diseases to the use of new chemical substances.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information contained in the Government's report. In reply to the previous request concerning the issue of review of the rate of compensation in light of the diagnosis of new occupational diseases, raised by the All Pakistan Federation of Trade Unions (APFTU) in 1993, the Government reiterates that it is seriously considering the matter. The Committee would appreciate being kept informed of progress made in this respect.

2. In reply to the Committee's request for clarification on whether mercury and its amalgams, compounds and sequelae are still included in Schedule III of the Workmen's Compensation Act, 1923 (amended), the Government states that the necessary measures have been taken. The Committee would appreciate receiving further information on the exact nature of these measures, including a copy of any relevant legal or administrative texts as well as an updated version of the Schedule.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments, the Committee notes that the Government's report contains no reply to the comments presented in October 1993 by the All Pakistan Federation of Trade Unions on the application in Pakistan of a number of Conventions, including Convention No. 18, which were communicated by the Office to the Government for observations on 1 November 1993. The Committee trusts that the next report of the Government will contain a reply to the above comments as well as the text of the modifications of the legislation concerning payment of compensation to which reference has been made.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. With reference to its previous comments, the Committee notes the Government's statement that it is actively considering the matter raised by the All Pakistan Federation of Trade Unions in 1993. The Committee would appreciate being kept informed of any developments in this respect.

2. In reference to the information supplied by the Government in its report, the Committee requests clarification on whether mercury and its amalgams, compounds and sequelae are still included in Schedule III of the Workmen's Compensation Act, 1923 (as amended), and would appreciate receiving an updated version of the Schedule with the Government's next report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It also notes that the All Pakistan Federation of Trade Unions has presented in October 1993 comments on the application in Pakistan of a number of Conventions, including Convention No. 18, which were communicated by the Office to the Government for observations on 1 November 1993. The Committee would be glad if the next report of the Government would contain a reply to the above comments as well as the text of the modifications of the legislation concerning payment of compensation to which reference has been made.

[The Government is asked to report in detail for the period ending 30 June 1994.]