Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Pakistan (Ratification: 1994)

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

Previous comment

Article 5(1) of the Convention. Effective tripartite consultations. The Committee takes note the Government’s indication that between 2018 and 2022, tripartite consultations were held through the Federal Tripartite Consultative Committee (FTCC) and the Provincial Tripartite Consultation Committees (PTCC). The FTCC held eight meetings discussion regarding: (i) submission of the Violence and Harassment Convention, 2019 (No. 190) and its Recommendation, 2019 (No. 206), adopted by the International Labour Conference during its 108th Session, to the competent authority; (ii) the possibility of ratifying the following instruments: the Safety and Health in Mines Convention, 1995 (No 176), the Protocol of 2014 to the Forced Labour Convention, 1930, the Occupational Safety and Health Convention, 1981 (No 155), the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Maritime Labour convention, 2006 (MLC), the Employment Policy Convention, 1964 (No. 122), the Protocol of 1995 to the Labour Inspection Convention, 1947, the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Social Security (Minimum Standards) Convention, 1952 (No. 102); (iii) reports on the following unratified Conventions: the Employment Policy Convention, 1964 (No. 122), the Vocational Rehabilitation and Employment (disabled persons) convention, 1983 (No. 159), the Home Work Convention, 1996 (No. 177), the Vocational Rehabilitation and Employment (Disabled persons) Recommendation, 1983 (No. 168), the Employment Policy (Supplementary Provisions) Recommendation, 1994 (No. 169), the Home Work Recommendation, 1996 (No. 184), the Employment Relationship Recommendation, 2006 (No. 198), and the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204); (iv); the Committee’s comments from 2020 to Pakistan on ratified Conventions; (v) challenges posed by the implementation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) especially in Banking sector and Export Processing Zones Authority (EPZA); (vi) issues relating to the activities of the ILO, such as ILO Centenary Celebrations 2019 (Future of Work Initiative) and Better Work Programme Prospects and Challenges from Business Perspective; and (vii) other matters related to labour legislation and social and economic policies; and the extension of social security benefits to the families of workers residing in other provinces. The Government also informs that the PTCC discussed matters related to labour legislation and social and economic policies, including, the draft Bill of the Gilgit Baltistan Industrial Relation Act; the Balochistan Occupational Safety and Health Law; home based workers law and policy; legislative amendments in favour of women to improve the female labour participation rate; the draft of Implementation Framework for Balochistan under the National Labour Protection Framework (NLPF); and issues relating to the activities of the ILO, such as the Decent Work Country Programme-III. The Committee requests the Government to continue to provide detailed information on the frequency, as well as the outcome of tripartite consultations held during the reporting period on all matters concerning international labour standards covered by Article 5 of the Convention. The Committee also asks the Government to provide information on the consultations carried out pursuant to the Convention as regards reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and potential proposals for the denunciation of ratified Conventions (Article 5(1)(e)), including in relation to the recommendations made by the Governing Body in the context of the Standards Review Mechanism.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 5(1) of the Convention. Effective tripartite consultations. Following the devolution of matters concerning labour legislation and administration to the provinces (Balochistan, Khyber Pakthunkhwa, Punjab and Sindh), the four provinces have each promulgated Industrial Relations Acts between 2010 and 2015. In addition, the provinces each established their respective Provincial Tripartite Consultative Committees (PTCCs) between August and September 2014, following that of a Federal Tripartite Consultative Committee (FTCC) in July 2014. The Government reports that three of the provinces’ PTCCs (Balochistan, Punjab and Sindh) have since then provided for a wider representation of employer and worker groups. The Government indicates that the FTCC and PTCCs have discussed the matters required under Article 5(1)(a)–(e) of the Convention. It adds that, since June 2015, the FTCC has held four meetings. The Committee notes the Government’s indication that during this period of time, the Khyber Pakthunkhwa PTCC and the Punjab PTCC have each held four meetings, while the Balochistan PTCC and the Sindh PTCC have held two and three meetings, respectively. The Government provides information on national labour law and policy matters discussed during the different FTCC and PTCC meetings, some of which are related to implementation of international labour standards; however, the report does not supply particulars on the matters concerning international labour standards covered under Article 5(1) of the Convention. In this context, the Committee notes the Government’s indication that the devolution to the provinces in 2010 eroded the institutional structure and memory of the Ministry of Overseas Pakistanis and Human Resource Development (MOP & HRD), the Ministry which is now mandated to report on ILO Conventions, and that the MOP & HRD is currently working in collaboration with the ILO to put in place institutional arrangements at federal level with strong linkages to relevant stakeholders. The Committee requests the Government to provide precise and detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, specifically those relating to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to Parliament (Article 5(1)(b)); the re examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals for denunciation of ratified conventions (Article 5(1)(d)). The Committee also requests the Government to supply a copy of the standing orders providing for the new composition of the Provincial Tripartite Consultative Committees of Balochistan, Punjab and Sindh.

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

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 5 of the Convention. Effective tripartite consultations. The Government provides in its report detailed information in reply to the previous comments. The Committee notes that the Ministry of Overseas Pakistanis and Human Resource Development established a Federal Tripartite Consultative Committee (FTCC) on 4 July 2014 to give effect to the provisions of the Convention. It notes from the report that the FTCC was a first of its kind initiative to cater to social dialogue through an institutionalized arrangement. The FTCC is required to meet at regular intervals to ensure continuation of the dialogue process and to monitor the progress made in pursuance of its decisions. After the establishment of this tripartite forum at the federal level, similar arrangements are planned at the provincial and district levels so as to create a vertically linked structure of social dialogue to make sure that the application of the Convention trickles down to the lower tiers of administration. The Committee notes the detailed minutes of the tripartite meetings held in 2014 and 2015 at the federal and provincial levels. The Committee requests the Government to continue to provide information on the tripartite consultations held concerning international labour standards, as required by the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Government provides in its report detailed information in reply to the previous comments. The Committee notes with interest that the Ministry of Overseas Pakistanis and Human Resource Development established a Federal Tripartite Consultative Committee (FTCC) on 4 July 2014 to give effect to the provisions of the Convention. It notes from the report that the FTCC was a first of its kind initiative to cater to social dialogue through an institutionalized arrangement. The FTCC is required to meet at regular intervals to ensure continuation of the dialogue process and to monitor the progress made in pursuance of its decisions. After the establishment of this tripartite forum at the federal level, similar arrangements are planned at the provincial and district levels so as to create a vertically linked structure of social dialogue to make sure that the application of the Convention trickles down to the lower tiers of administration. The Committee notes the detailed minutes of the tripartite meetings held in 2014 and 2015 at the federal and provincial levels. The Committee requests the Government to continue to provide information on the tripartite consultations held concerning international labour standards, as required by the Convention.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the observations of the Pakistan Workers’ Federation (PWF) received in November 2013 in which it is indicated that the last Pakistan Tripartite Labour Conference had been held in February 2009. The PWF asked the Government to hold periodic tripartite meetings in accordance with the Convention. The Committee notes that in July 2014 the Government formally notified the establishment of a tripartite committee with a mandate that includes consultations on all matters listed in Article 5(1) of the Convention. It notes that the committee will be composed of government representatives, a representative of the Employers’ Federation of Pakistan and a PWF representative. It also notes that the tripartite committee will meet at least once per quarter. The Committee requests the Government to provide information on the content and outcome of tripartite consultations held within the framework of the tripartite committee established in July 2014 on the matters related to international labour standards covered by the Convention.

[The Government is asked to reply in detail to the present comments in 2015.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report received in June 2010 which contained some replies to the matters raised in its 2008 observation.

Selection of employer and worker representatives. The Committee recalls the comments submitted by the Pakistan Workers Federation (PWF) in July 2009. The PWF referred to the principle set out in the Convention which provides that tripartite consultations are carried out with the most representative organizations of workers and employers. The PWF indicated that it has the largest membership of workers in the country and is duly registered and certified by the National Industrial Relations Commission. The PWF also maintained that the most representative organization of workers in terms of membership may not be excluded from tripartite consultations and its views should be taken into consideration. In its reply, the Government recognizes that there are a number of representative organizations of the employers and workers which are registered with the National Industrial Relations Commission and the Directorate of Labour Welfare in the provinces. The Government indicates that the most prominent organizations of employers and workers working at the national and provincial level are the Employers Federation of Pakistan (EFP), the All Pakistan Textile Manufacturing Association, the Pakistan Workers Confederation and the All Pakistan Federation of Trade Unions (APFTU). The Government also provided a list of different tripartite consultation bodies established under different labour laws. The Committee notes the Government’s statement indicating that the Federal Government and Provincial Governments do convene meetings, seminars and workshops on different labour issues. Representatives of employers and workers participate in brainstorming sessions on labour issues and forward their viewpoint and recommendations to the Government for policy decisions. The Committee asks the Government to provide further specific information on the manner in which the representatives of employers and workers are nominated and chosen for the purposes of tripartite consultations, indicating the representative organizations of employers and workers for the application of the Convention in Pakistan (Articles 1 and 3 of the Convention).

Tripartite consultations required by the Convention. The Committee notes that the Government has not provided information on effective tripartite consultations held on matters expressly set forth in the Convention. The Committee further recalls that Article 2 provides that each Member which ratifies the Convention must undertake to operate procedures which ensure effective consultations with respect to the matters set forth in Article 5(1) between representatives of the Government, employers and workers. The nature and the form of procedures are to be determined by each country in accordance with national practice, following consultations with representative organizations, where such procedures have not yet been established. The Committee asks the Government to provide information on how it gives effect to Article 2 and on the content and outcome of tripartite consultations held on each of the matters related to international labour standards listed in Article 5(1) of the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Effective tripartite consultations. The Committee notes that the report requested and replying to the matters raised in its 2008 observation was not received. It further notes the comments submitted by the Pakistan Workers Federation (PWF) in July 2009. The PWF refers to the principle set out in the Convention which provides that tripartite consultations are carried out with the most representative organizations of workers and employers. The PWF indicates that it has the largest membership of workers in the country and is duly registered and certified by the National Industrial Relations Commission. The PWF also maintains that the most representative organization of workers in terms of their membership may not be excluded from tripartite consultations and their views should be taken into consideration. The PWF notes that the Government has recently constituted two national tripartite boards for two important federal institutions – the Workers Welfare Fund and the Old-Age Benefits Institution. The PWF urges the Government to review the selection process of the representatives of workers in those tripartite boards in order to comply with the Convention. The Committee recalls its 2008 observation and once again asks the Government to supply information on the progress made towards the establishment of the Tripartite Consultation Committee. Taking into account the concerns of the PWF, the Committee asks the Government to also provide detailed information on how Articles 1, 2, 3 and 5 of the Convention are applied, so as to ensure that the most representative organizations of workers participate fully in the tripartite consultations required by the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Tripartite consultations required under the Convention. The Committee notes the information provided in the Government’s report received in November 2008. The Government indicates that the Ministry of Labour has started its preparatory work for the establishment of a Tripartite Consultation Committee, while discussing the matter with the social partners. The Government aims to incorporate the discussion on international labour standards in the mandate of the Pakistan Tripartite Labour Conference. The Government indicates that once the preparatory work has been completed, the Tripartite Consultation Committee will start functioning and its meetings will be held in accordance with the provisions of the Convention. The Pakistan Workers’ Federation observes, in a communication received in September 2008, that the tripartite machinery at the federal level is still very weak and needs to be strengthened, in particular by holding regular meetings in accordance with the principles of the Convention. The Pakistan Workers’ Federation does, however, note that the principle of tripartism is being successfully observed in respect of various social security schemes. The Committee asks the Government to supply information on the progress made towards the establishment of the Tripartite Consultation Committee. The Committee refers to its previous comments and asks that the Government’s next report should also give particulars of the consultations held on each of the matters relating to international labour standards referred to in Article 5 of the Convention, including information on reports or recommendations made as a result of these consultations.

[The Government is asked to reply in detail to the present comments in 2009.]

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

Effective tripartite consultations. In its 2005 observation, the Committee requested the Government to supply a detailed report on the progress achieved in guaranteeing effective tripartite consultation on the matters covered by the Convention in a manner satisfactory to all the parties concerned. In its reply, the Government indicates that the process of the consolidation and simplification of labour laws is being finalized on the basis of recommendations and proposals sought from all the stakeholders of the industrial relations system. Moreover, tripartite boards at the federal and provincial levels offered their views and suggestions regarding the revision of the legislation. The Government convened a number of seminars, workshops and meetings of the representative organizations of employers and workers to obtain their comments on six draft labour laws. The main labour policy documents were prepared and finalized with tripartite consultation. The report also contains a detailed list of the tripartite bodies provided for in the various labour laws. The Committee welcomes the information provided on the consultation and cooperation activities mentioned by the Government as a basis for promoting tripartite consultation on economic and social policy at the national level. Nevertheless, the information provided by the Government on these activities does not directly refer to the tripartite consultations on international labour standards required by the Convention. The Committee therefore asks the Government to give particulars of the consultations held on each of the matters relating to international labour standards referred to in Article 5 of the Convention, including information on reports or recommendations made as a result of these consultations. The Committee recalls that certain of the matters covered by the Convention (replies to questionnaires, submissions to Majlis-e-Shoora (Parliament), reports to be made to the ILO) imply annual consultation, while others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) involve less frequent examination.

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

Effective tripartite consultations. The Committee notes the reply provided by the Government in September 2005 on the consultations being held on the process of consolidation and simplification of labour laws. It further notes the different forums where representatives of employers and workers are convened, like the Tripartite Labour Standing Committee at the federal level and the Tripartite Labour Advisory Boards at the provincial level. It further notes the All Pakistan Federation of Trade Unions’ observation, forwarded to the Government in June 2005, which indicates that the Government has failed to carry out the principles of Convention No. 144 since no statutory tripartite body has been established to carry out consultation on the prescribed subjects laid down in the Convention. The All Pakistan Federation of Trade Unions also indicates that no meeting on a tripartite basis are being held to consider submission of the instruments adopted by the Conference to Parliament (Majlis-e-Shoora) or to deal with the other matters concerning international labour standards covered by the Convention. In its previous observations, the Committee had asked the Government to inform it of any consultation undertaken on the adoption of a specific tripartite procedure (Article 2 of the Convention) and to report on the consultations undertaken concerning the questions covered in Article 5, paragraph 1, including details on all reports and recommendations arising therefrom. The Committee invites the Government to take all appropriate measures to promote tripartite dialogue on international labour standards. It also requests the Government to supply a detailed report on the progress achieved in guaranteeing effective tripartite consultation in a manner satisfactory to all the parties concerned, including full and detailed information on the consultations held during the period covered by the next report on each of the questions set forth in paragraph 1.

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

1. Effective tripartite consultations. The Committee notes with regret that the Government’s report has not been received. It must therefore reiterate its 2001 observation which requested the Government to provide information on any tripartite consultations taking place in the process of revision of the labour legislation and to inform it, where appropriate, of any consultation undertaken on the adoption of a specific tripartite procedure (Article 2 of the Convention).

2. Tripartite consultations required by the Convention. Please also provide detailed information on the consultations undertaken concerning the questions covered in Article 5, paragraph 1, and provide details, where appropriate, on all reports and recommendations arising therefrom.

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

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. Further to its 1999 observation, the Committee notes that draft labour laws were prepared on the basis of the Commission on Consolidation of Labours Laws’ recommendations which held tripartite consultations. The Government also states that it will continue to promote the tripartite consultation process in future as well and will involve workers’ and employers’ organizations in the decision- making process. The Committee would appreciate receiving information on any other tripartite consultations taking place within the revision of the labour legislation and asks the Government to inform it, where appropriate, of any consultation undertaken on the adoption of a specific tripartite procedure (Article 2 of the Convention).

2. Please also provide information on the consultations undertaken concerning the questions covered in Article 5, paragraph 1, and provide details, where appropriate, on all reports and recommendations arising therefrom.

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

The Committee notes the Government's latest report on the application of the Convention. It also notes the observation formulated by the All Pakistan Federation of Trade Unions alleging absence of consultation with the employers' and workers' representative organizations on the establishment of a tripartite consultation procedure as required under the Convention. In its report, the Government states that a committee to examine the updating of the labour legislation was recently established and that the representative organizations concerned take part in its work. The Committee refers to its previous comments on the application of Article 2 of the Convention in which it requested the Government to inform it, where appropriate, of any consultation undertaken on the adoption of a specific tripartite procedure, and asks the Government to provide information on all consultations taking place within the social legislation committee mentioned above.

Regarding the application of Article 5 of the Convention, the Committee asks the Government to indicate, in each of its subsequent reports, all consultations undertaken on the questions covered in paragraph 1, and to provide details, where appropriate, on all reports and recommendations arising therefrom.

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

The Committee notes the Government's first and second reports on the application of the Convention. It would appreciate receiving information on the following points in the next report:

Article 2 of the Convention. The Committee notes that the consultations on ILO activities set out in Article 5, paragraph 1, of the Convention are conducted by means of written communications. It notes in this connection that the Government may shortly consult the representative organizations of employers' and workers' on the adoption of legislation to establish a specific tripartite consultation procedure. The Government is asked to keep the ILO informed of any relevant developments in this area.

Article 5. The Committee notes the consultations held on the subjects set out in paragraph 1 (a), (b) and (d). It trusts that in future the consultations will also cover the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (paragraph 1(c)). The Government is asked to provide detailed information on such consultations, specifying their frequency and the nature of any reports or recommendations made as a result of the consultations.

Article 6. Noting the Government's reply on this provision, the Committee asks it to indicate whether the representative organizations of employers or workers have been or will be consulted on the question of the preparation of an annual report on the consultations held. Please inform the ILO of the outcome of any such consultations.