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

Individual Case (CAS) - Discussion: 2014, Publication: 103rd ILC session (2014)



The Government communicated the following written information:

Following the 18th amendment to the Constitution of Pakistan, the subject of labour had been devolved to the provincial governments, who had now assumed full responsibility for labour legislation and administration. There was ongoing litigation regarding the future legal structure of labour administration in Pakistan. In a recent judgment, the Honourable Supreme Court of Pakistan had concluded that through a combined reading of the new labour laws, one federal and four provincial, two parallel forums had been created: one on a provincial level and the other on the federal level, having jurisdiction to deal with industrial disputes and unfair labour practices. This judgment had provided a clear demarcation line of jurisdiction between the labour courts in the provinces and the National Industrial Relations Commission at the federal level. The issue, which had been preventing a faster pace for new structural legal adjustments in the legal system, had now been resolved.

Article 270 AAA of the Constitution of Pakistan protected the existing legislation on labour matters until the development of either a new legal framework by the provinces or the formal adoption of the earlier laws. The Government of the province of Khyber Pakhtunkhwa had promulgated the Khyber Pakhtunkhwa Factories Act, 2013, repealing the Factories Act, 1934. The Government of Punjab had amended laws to be adopted by the provincial government. The Governments of Sindh and Balochistan had sent draft laws for vetting to their law departments.

The provinces were now solely responsible for the implementation of labour laws in industrial and commercial establishments in their respective areas of jurisdiction. The Provincial Directorate of Labour Welfare through their field formations carried out inspections in establishments under various labour laws. The field formations were comprised of labour inspectors, labour officers, assistant directors, deputy directors, joint directors and directors. In Punjab Province there was also the position of Director-General. There was no legal or administrative bar on the undertaking of any inspection. Inspectors carried out inspections in shops and establishments, while labour officers were responsible for conducting inspections in industrial units under the various labour laws applicable therein. In case of violations of labour laws, those responsible were prosecuted in the relevant courts by the concerned inspectors. Official transport had been provided to the supervisory officers throughout the country. There were regular and sufficient budgetary provisions in the provincial budgets to pay the travelling allowance of labour inspectors and labour officers for funding their field visits. By empowering the provincial governments on the legislative and technical fronts, the inspection system would be strengthened. However, some teething problems were still being faced with regard to the effective implementation as a result of the devolution of powers to the provincial governments. A constructive dialogue had been sought for the strengthening of the tripartite dialogue in the backdrop of local empowerment with a view to protect and promote the rights of workers and employers with a major focus on respect of international labour standards in the workplace.

The new mechanism for coordination between the federal Government and the provinces was now in place. The mechanism was resolving institutional problems, as the provincial governments were now addressing the issue of the capacity of inspectors by following a preventive approach rather than focusing on awarding fines and penalties. This had led to a gradual reaching out to the informal economy, and the provision of data for scrutiny by civil society and the social partners. The Government was initiating a project for the integration of the federal and provincial databases relating to welfare measures for workers and labour inspection systems for compliance with international labour standards. A request for a proposal had already been issued in this regard.

Following the tragic accident in Baldia Town, Karachi, Sindh, in September 2012, a statement of commitment was signed between the Sindh Labour Department, the Employers Federation of Pakistan and the Pakistan Workers Federation to jointly advocate for and promote international labour standards compliance with regard to health and safety at work. Moreover, beginning in December 2012, a joint action plan in Sindh was developed, following tripartite consultation and with ILO support. The main features of this joint action plan were: to develop an occupational safety and health (OSH) policy to clearly define parameters of safe and healthy workplaces; to amend OSH legislation that covers all workplaces and meets modern day requirements and technologies, and will be developed in line with the international labour standards; to establish a tripartite OSH Council in Sindh; to develop information and training material for stakeholders on OSH; to develop a comprehensive centralized electronic database of factories, workplaces and workers in the private sector; to establish a rapid response mechanism to promote a sense of safety among citizens in general and among workers in particular; to upgrade the Sindh OSH Centre; to upgrade faculty and equipment at the National Institute of Labour Administration and Training to become more effective in developing the capacities of all stakeholders including government, employers, workers and civil society; to develop an OSH profile in Pakistan with a focus on the Province of Sindh to ascertain the current situation on legislation, systems in place and inspection and monitoring mechanisms in the country; to adopt, and periodically review, a labour inspection policy, which highlights the priorities of the Government to strengthen labour inspection in the province; to organize, in collaboration with the other concerned institutions and organizations, thematic training courses for all labour inspectors which will help them to properly understand their role in effective labour administration and will enable them to carry out labour inspection in an effective and efficient manner; and to develop and adopt a recruitment system in the Labour Department of Sindh that ensures staff attraction, staff retention and career growth of OSH staff. This model framework of OSH was being replicated by the other provinces to ensure the implementation of international standards in OSH.

Due to the devolution process, for a few years, there was no focal ministry in the federal Government responsible for reporting on international labour standards. Following 2010, due to an absence of vertical linkages between the federal and provincial governments for reporting on Conventions, representative reports were not made. At the request of the federal Government, the ILO Country Office in Pakistan had planned to provide technical assistance to all four provinces to make provincial policies and legislation which were compliant with international labour standards, and to build institutional and human resource capacities to empower implementation and enforcement of the targeted parameters. In May 2014, interdepartmental meetings had been held at the four provincial governments, for capacity building of the relevant provincial departments with respect to reporting on ILO Conventions, including Convention No. 81. Teams from the Ministry of Overseas Pakistanis and Human Resource Development participated in these meetings and deliberated on each of the Conventions. Special questionnaires were developed for multi-stakeholders on each Convention to facilitate their understanding of each Convention and to formulate the reports. A questionnaire was developed relating to the preparation of an out-of-cycle report on Convention No. 81. The respective provincial departments will finalize these reports in August 2014, which will be compiled and finalized by the Ministry of Overseas Pakistanis and Human Resource Development. Regarding the establishment of vertical linkages and federal level coordination, the Prime Minister of Pakistan had ordered the creation of a special treaty cell to coordinate timely reporting by various Ministries on the ratified Conventions. In addition, provincial focal persons had been nominated for similar action within the provincial departments. Regarding the observations of the Committee of Experts over the past three years, a detailed reply thereto would be submitted on the application of Convention No. 81. Similarly, the micro-level details and statistical data required therein were being compiled at the provincial level, and would be incorporated into this report. The Government of Pakistan was committed to an improved system of ILO standards oversight in the country and was willing to work with the ILO to achieve reforms of the system to allow an adaptation to the changes occurring in the system. The Government wanted to capitalize and incorporate best practices into their legislation and interpret more accurately the local realities to fully understand the complexities involved and to improve performance. The Government of Pakistan provided assurances that despite the challenges arising from the redistribution of legislative powers to provinces, the federal Government would remain seized of its responsibilities in terms of reporting on the relevant ILO Conventions and their implementation. However, the Government again requested ILO technical assistance to help improve the labour inspection system in Pakistan, to cope with the challenges being faced after the devolution of powers to the provincial governments.

In addition, before the Committee, a Government representative referred to the 18th Constitutional Amendment and the process of devolution of powers to the provinces, which had resulted in the dissolution of the Ministry of Labour and Manpower and the erosion of the institutional capacity developed for monitoring and reporting on international labour standards. He mentioned, however, that considerable and encouraging progress had recently been made with regard to the protection and promotion of rights of workers and employers, including respect of international labour standards. The Government, in collaboration with the provincial labour departments and social partners, was taking all the necessary measures for the enforcement of international labour standards. A two-pronged strategy had been adopted in which prevention and prosecution measures were implemented side by side. Moreover, a project had been initiated for the integration of the federal and provincial databases relating to the welfare measures for workers and the labour inspection system for compliance with international labour standards. This would lead to a gradual reaching out to those in the informal economy and provide data for scrutiny by civil society and the social partners for better engagement in social dialogue. Each province had an established labour inspection hierarchy which conducted inspections of the work carried out by labour inspectors and labour officials. In the case of violations of labour laws, those responsible were prosecuted in the relevant courts. There was no legal or administrative impediment to any inspection. There were regular and sufficient budgetary provisions in provincial budgets to pay the travel allowances of labour inspectors and labour officials for field visits. A detailed reply would be provided to the requests for information made by the Committee of Experts by the end of August. The provinces of Punjab and Khyber Pakhtumkhwa had promulgated new laws while draft legislation was being prepared in Sindh and Balochistan provinces. He added that the Government attached great importance to the work of the Committee. The technical support being provided by the ILO was of great help to the Government in order to apply ILO Conventions in a more effective manner. The Government representative requested further ILO assistance on strengthening reporting on international labour standards in Pakistan.

The Employer members stated that this was the 15th observation made on the application of the Convention in Pakistan. The observation being discussed focused on the effectiveness of labour inspection and enforcement of legal provisions following the devolution of legislative powers in this area to the provinces; labour inspection and occupational safety and health; human and material resources of the labour inspectorate; actual or perceived restrictive policies for labour inspection; and regular publication and communication to the ILO of annual inspection reports. Through the delegation of powers to the provincial governments, the labour inspection regime would be strengthened. However, the process had been slow. The lack of coordination between the provinces in this process had led to a patchwork of labour laws and regulations that did not meet international labour standards. The Supreme Court had resolved a number of jurisdictional issues which had guided the coordination efforts between the federal Government and provincial governments. An effective system of labour inspection in all provinces was important and agreement as to the priorities of labour inspection was required. In addition, a strategic and flexible approach, in consultation with the social partners, needed to be adopted. Difficulties, in particular a lack of coordination between provinces, had arisen as a result of differences in each jurisdiction. The Ministry of Overseas Pakistanis and Human Resources Development was responsible for the coordination and supervision of labour legislation in the provinces. The coordination mechanism at the federal level included a coordination committee and a technical committee. The Government had indicated that the federal labour inspection policy of 2006 and 2010 provided a framework for the provinces. Work on implementing the policies had started but completion was required, as a lack of completion was the main reason for the continued problems. The Government was urged to provide information on the details of the measures and strategies adopted. The inspection regime would be strengthened as a result of the delegation of powers to the provincial governments, enabling inspectors to work more efficiently by adopting a preventive approach. Due to the difficulties in resolving jurisdictional issues between the provincial and federal governments, there were still no adequate penalties for violations of labour laws and the obstruction of labour inspectors in their duties. Fines for the violation of labour legislation were extremely low and did not act as a deterrent. The Government was urged to indicate the number of instances in which inspectors were refused access to company records by employers and the number of cases initiated concerning such obstruction. It was also urged to provide information on the measures taken and the relevant legal texts on planned legislative reform once they had been adopted. With regard to the factory fire in Karachi in 2012, the Government had announced that it would take measures and take steps to avoid such disasters in the future. The measures that had been taken should be commended, but they had not gone far enough. The carrying out of third-party inspections was concerning; the Karachi factory served as an example as, it had received a flawed certificate by a private auditing firm attesting compliance with international standards. Labour inspection services should not only be well directed and resourced, but also well respected. Accreditation systems for permitting third parties to undertake inspections must include means of monitoring the integrity of inspections. In addition, there was a high number of deaths and injuries in coal mines operating in the province of Baluchistan, where workers were reported to work with almost no protective equipment and where few safety precautions were taken. The Government was urged to take measures to make the industry safer. Moreover, there was a lack of coordination and human and material resources for labour inspection. Inspectors were under-equipped and received only rudimentary training. The ability of inspectors to travel was constrained by costs, inhibiting them from carrying out their work. The Government was called to speed up its efforts to remedy the situation. Although there were no legislative obstacles for labour inspectors to enter work premises, the reality on the ground was reported as being quite the opposite. The Government was urged to ensure that labour inspectors could perform their duties. Progress was hampered by a lack of a central agency and the Government was urged to set up a body to compile and analyse information which could then be submitted to the ILO.

The Worker members thanked the Government for the information provided, but noted that the written information focused only on the process of delegation of legislative powers and jurisdiction in the area of labour law to the four provinces. The reporting requirements under Article 21 of the Convention, however, covered a much wider range of issues. The Government had provided data, although incomplete, on the number of inspections made between 2008 and 2010 in the provinces. However, without the other information requested under Article 21, it was impossible to assess if the number of inspections was adequate. The criteria set out in Article 10 of the Convention had to be taken into account when determining whether there was a sufficient number of inspectors. This did not seem to be the case as there were 138 inspectors in the Sindh province, and in Karachi alone, there were 10,000 industrial units and hundreds of thousands of workers. Pakistan’s labour force was estimated at around 51 million, of which 70 per cent was employed in the informal economy, where health and safety measures were usually weak. An increase in the labour inspectorate’s capacity was required in order to have an impact on the informal economy and small enterprises. Labour inspection covered not only labour legislation pertaining to occupational health and safety but also, child labour, discrimination, working times, the minimum wage and social security benefits. Labour inspectors were facing a considerable task and their numbers were insufficient. Facilities and training of inspectors were inadequate. The Government was urged to provide more detailed information on those areas which could be used as the basis for an improvement plan. The fact that very few unexpected inspection visits could be carried out due to the limited number of inspectors was a concern. Cases of violation needed to be brought before the courts to be dealt with. Fines were extremely low and did not act as a deterrent. Information on the obstacles faced by the inspectors in the course of duty was requested, as was information on the number of times inspectors were denied access to the workplace. Article 17(2) of the Convention afforded inspectors discretion with regard to the issuing of warnings and advice. There was no objection to this approach in principle. However, the issue of assessing the effectiveness of such an approach was raised, especially as there was no enforcement in this regard. Government policies for the prevention of occupational accidents and diseases were welcomed. However, developing policies without statistics on occupational accidents and diseases was potentially problematic. No labour inspection could be effective without the proper engagement of workers in occupational health and safety committees. In addition, the establishment of an independent and effective complaint mechanism was necessary to preserve the effectiveness and integrity of the system. After the factory fire in Karachi in 2012, the Sindh Labour Department, the Employers’ Federation of Pakistan and the Pakistan Workers’ Federation had made a statement of commitment to promote ILO standards on occupational safety and health (OSH). It set out a model framework but it did not include information on its implementation or the resources for such implementation. The issue of the source of funding – provincial or federal – was raised. Compliance with the Convention remained the Government’s responsibility and the Government was urged to cooperate with the provinces to establish an effective labour inspectorate. The serious nature and extent of the problems required action to be undertaken with a sense of urgency. Many work accidents were preventable. The labour inspectorate must make a strategic, systematic and concerted effort in order to improve OSH and working conditions in Pakistan. It would require speedy adoption and implementation of legislation on labour inspection, systematic inspections of factories, improved health and safety conditions, the establishment of OSH committees and cooperation with employers’ and workers’ organizations.

The Worker member of Pakistan referred to major workplace accidents which had occurred in Bangladesh, Pakistan and Turkey. Violations of safety standards were due to the negligence and inefficiency of inspection services. Employers had a legal obligation to ensure that workplace hazards were minimized, controlled and eliminated, but unfortunately commercial interests often gained at the cost of labour rights and safety. Performance data by the provinces on inspections, compliance, actions taken and sanctions imposed was not published or shared with the interested parties. Provincial governments in Pakistan should ensure labour inspection staff was properly trained to carry out inspections; provincial OSH laws should be promulgated in the remaining provinces covering all industrial, commercial and other establishments; strict inspections should be carried out without prior notice to the management of the factories and industrial establishments; and the operation should immediately be stopped in those establishments where unsafe working conditions were found. The Government was encouraged to ratify the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). Training facilities were needed to assist the representatives of employers in undertaking safety measures in the context of developing safety plans in their establishment. A mechanism should be established for the undertaking of labour inspections closely supervised through a tripartite committee. He added that workers’ organizations should be able to establish a “shadow” inspection mechanism where trade unions in each district established their own inspection system and released a quarterly report on the status of compliance to standards in different industries. He added that there should be no hurdles in the establishment of independent trade unions in order to ensure a transparent mechanism of responsible work practices. Trade unions were helpful in creating a better understanding among workers and employers on critical issues, such as workplace safety. Employers must ensure that proper safety measures were in place such as equipment, exit plans, fire alarms, fire extinguishers and staff trained to deal with fires or hazards. He also called on employers to ensure that all business owners were fully aware of their responsibilities for ensuring safety in the workplace. The ILO was invited to launch a long-term programme on safe and better working conditions in Pakistan and a programme for capacity building of workers’ organizations on OSH, including on a “shadow” inspection system. The ILO was also encouraged to strengthen the OSH-related aspects of the recently launched Decent Work Country Programme.

The Employer member of Pakistan stated that, since the powers regarding labour issues had been devolved to the provinces, the provinces were now solely responsible for the development, promulgation and implementation of labour laws. Two out of the four provinces had almost completed the task, but progress in the remaining two was slow. The Employers’ Federation of Pakistan was involved in the review process of draft labour legislation in Sindh. However, it was essential that the Ministry of Overseas Pakistanis and Human Resource Development be given a central role in overseeing the development of labour legislation in the provinces. The ILO Country Office for Pakistan needed to coordinate with the provincial labour departments through the federal Ministry. Labour inspection should be carried out with the objective of providing guidance to employers. Enterprises that did not meet the criteria should be given the opportunity to improve weak areas; if there was no improvement, penal sanctions should be imposed. Capacity building of staff was urgently required and provincial labour departments should take steps in this regard and seek ILO technical assistance if necessary. The tragic Karachi factory fire in 2012 had highlighted the importance of OSH requirements. Although large and medium-sized industrial enterprises often had their own in-house OSH arrangements, smaller enterprises, such as the factory where the fire broke out in 2012, did not. A Memorandum of Understanding had been signed with the province of Sindh which had led to the development of the OSH plan of action, which was at the implementation stage. Similar memoranda were required in the other three provinces. The plan of action did not, however, provide for capacity building in the area of OSH. The number of inspection staff was insufficient. The provincial governments needed to provide inspectors with material resources necessary to carry out their tasks. The speaker indicated the need for prior notice of inspections in order to ensure that the employers concerned were present. Support was expressed concerning the regular publication and communication of annual labour inspection reports.

The Government member of China indicated that he had carefully read the written information submitted by the Government. Pakistan, he noted, had modified its Constitution, and the legislative authority to conduct labour inspection visits had been delegated to the provincial governments. This had improved the labour inspection system as a whole and enabled it to broaden its objectives. The inspectorates themselves had been strengthened as well, and as a result the number of inspectors had likewise been increased. With ILO technical assistance and following a series of tripartite meetings, the Government had launched a joint plan of action on occupational safety and health that would eventually lead to the adoption of a new law. The Government had thus made a real effort to implement the Convention. The speaker indicated that Pakistan had encountered certain difficulties in the implementation of the Convention as it was a developing country. The ILO, along with the international community, should continue to help Pakistan and to provide the necessary technical assistance to meet its obligations and comply with the provisions of the Convention.

The Worker member of the Philippines stated that, despite the discussion that had taken place in the Committee in 2013, the situation of the workers in the country continued to be serious. Improvement was needed and the Government was called to develop a plan to avoid tragedies such as the fire that broke out in a garment factory in Karachi in 2012. The causes behind the deaths of hundreds of workers were the inadequate fire safety measures, the absence of emergency exits, the lack of fire drills, and the insufficient number of fire extinguishers. Effective labour inspection services were essential to ensure the protection of workers’ rights. Although employers had the legal obligation to reduce hazards in the workplace, they had no incentive to take the necessary measures as the Government would never hold them accountable. Moreover, different administrations in some provinces had actually barred labour inspectors from entering the factory premises without prior notice. Concerning the importance of reporting on labour inspections, there was no authority that collected the information and provided a national report on the matter. The number of workers killed and injured every year because the State had failed to enforce the law was intolerable. Labour inspection laws and procedures had to be adopted as a matter of urgency, in consultation with workers’ and employers’ organizations. Furthermore, the provincial governments had to provide training to the labour inspectors to carry out visits without prior notice. They had to be empowered to act immediately. The Government had to use its political and persuasive power to ensure that provincial governments adopt the necessary laws on occupational safety and health. Laws had to be effectively applied and provide for dissuasive sanctions. The speaker reiterated his request for the adoption of a mechanism whereby labour inspections would be closely supervised by a tripartite committee.

The Government member of the Islamic Republic of Iran took note of the constitutional amendment adopted in 2010 which aimed at devolving labour matters to the provinces. The Industrial Relations Act, which was enacted in 2012, set out a framework for coordination and interaction between the federal Government and provincial labour departments, enabling better monitoring and reporting on international labour standards. In addition, a number of measures, including the establishment of the Ministry of Overseas Pakistanis and Human Resources Development, had been undertaken by the Government to enhance coordination in respect of the Industrial Relations Act. The Government had also elaborated a tripartite plan of action on OSH to ensure that the legal framework and OSH policy were in line with the relevant international standards. The speaker welcomed the progress made by Pakistan on the restructuring of the labour inspection system and stated that these measures should be duly recognized. In conclusion, he expressed appreciation to the ILO for its engagement in the country aimed at promoting the labour inspection system and encouraged the ILO to pursue its technical assistance activities in Pakistan.

The Worker member of Singapore noted that under the Convention, the Government was bound to ensure the effectiveness of labour inspection through a sufficient number of well-trained inspectors who were provided with the necessary tools to carry out this task. The factory fire in Karachi in 2012 raised questions about safety standards and the authorities’ role. The lack of effective implementation of safety standards had led to flagrant violations of the Factories Act, 1934, and this tragedy demonstrated the ineffectiveness of labour inspection. Most inspectors were provided with rudimentary training and very few had specialised training for specific industries. This situation led to a high number of workers being killed or injured in coal mines in Balochistan, where workers had reported working without protective equipment and where very few safety measures had been put in place. The speaker also pointed out that there was a critical shortage of inspectors in the country, with only 59 inspectors in Balochistan. With regard to the application of dissuasive sanctions as provided for in Article 18 of the Convention, this provision was not applied in Pakistan. While labour inspectors had a legal right to access company records, this rarely happened in practice. An inspector had the possibility to go to court to access those records, but the process was long and lead to non-consequential fines, as low as approximately US$50, which would not dissuade businesses of any size from violating the law. In conclusion, the level of social dialogue on the issue of labour inspection was very limited and should be encouraged in order to provide advice on the way forward to enhance the effectiveness and capacity of labour inspection services in Pakistan. The Government needed to comply with the Convention and ensure that the provincial governments adopted legislation on occupational safety and health.

The Government member of Egypt considered that despite the comments which had been formulated regarding the application of the Convention, the proposals made by the Government were aimed at carrying out the actions required under the Convention. He welcomed the progress made in that regard and expressed support for Pakistan’s request for technical assistance, which he deemed necessary in order to continue the projects already undertaken by the Government to align national legislation with the requirements of the Convention.

The Government member of Bangladesh noted with satisfaction that Pakistan had taken a number of positive measures to strengthen its inspection mechanism in line with the Convention, which included the amendment of the Constitution and decentralization of labour issues to the provincial governments as well as the enactment of the Industrial Relations Act in 2012 to carry out monitoring and reporting on international labour standards. The speaker pointed out that the provincial and federal governments had a functional coordination mechanism to ensure effective labour inspection services. He supported the launch of the tripartite plan of action on OSH and encouraged the Government to develop a comprehensive and viable framework on OSH. The speaker also encouraged the ILO to support the Government in the implementation of international labour standards.

The Government representative thanked the Employer and Worker members for their constructive advice and comments. He reiterated the Government’s full commitment and readiness to take as many measures as necessary to improve compliance with the Convention. The Government might not have achieved what had been expected of it but, nevertheless, it would be agreed that much progress had been made. Results and achievements were not uniform across all provinces but work was ongoing. Even where the action taken had not been completed, there was concrete progress to report. An important feature of this progress was that it was based on tripartite dialogue and the Government was moving forward in close consultation with the social partners and the ILO. The reporting requirements under Article 21 of the Convention were acknowledged. A system-wide annual report would be generated in September 2014 containing the detailed statistics that had been requested. With respect to labour inspection activities carried out in the province of Punjab, he indicated that there had been 169,632 inspections and 1,547 prosecutions on child labour alone. Under the Factories Act, 9,198 inspections had been carried out, 4,848 warnings issued and 1,170 prosecutions made in the Punjab. Similarly, under legislation concerning shops and establishments, 328,866 inspections had been carried out and 21,311 prosecutions made in the province in 2013. Similar momentum was being seen in other provinces which would be reported on in the future. The labour inspection system had been computerized in the province Punjab and it was hoped that by mid-2015 the other provinces would also have computerized systems. As a policy, provincial governments would provide means of transport (motorbikes) to all the labour officers and labour inspectors for effective inspection in the next budget. The resources allocated from the federal to provincial governments had increased. Other departments, such as labour welfare departments, old-age benefit institutions and mine welfare organizations had their own inspectorates and were enforcing international labour standards. An integrated national database of workers and employers had been developed for use by inspections in provinces and organizations engaged in labour welfare. Irrespective of whether a worker was in a registered or unregistered establishment, a tripartite committee headed by a district officer was in place in every district to accord compensation in cases of accidents, so that no accident went unreported. Article 270 AAA of the Constitution provided protection for existing labour laws until laws were adopted at the provincial level, and there was hence no legal gap. The establishment of provincial OSH Councils was under way and the provinces of Punjab and Sindh had already established this oversight body. With ILO assistance, decent work country profiles had been completed for 21 selected thematic areas and the report would be published soon. The development of an OSH profile in Pakistan with a focus on the province of Sindh was under preparation and would look at the situation as to legislation, inspection and monitoring mechanisms in the country. In May 2014, the federal government convened a round of detailed consultations with the four provincial governments to raise their awareness concerning the importance of the enforcement of international labour standards and reporting thereon. The concerns of the Employer and Worker members had been carefully noted and the Government would incorporate their advice and comments into its work. The Government representative provided his assurances that more progress would be made in the upcoming months and he requested ILO technical assistance to assist the Government in its ongoing work concerning labour inspection.

The Employer members said that the process of devolving responsibility to the provinces was not an easy task and was a challenge in many countries. This process was challenging as it called for careful planning and organization so as to ensure that those to whom the powers were being devolved had a clear understanding of their new responsibilities. The Government had indicated that it understood why the labour inspection system had failed, but it was now required to take action. It was necessary to look at the entire system, its purpose, its management and to determine what resources were required for its proper functioning. Some progress had been made, but the system was not as efficient as it could be. There was insufficient coordination concerning funding between provinces and the federal government. It was unclear what funding was available and who was responsible for it. There was an assumption that the provinces were free to provide additional funding. The Government was urged to clarify the funding infrastructure and ensure that it established and allocated a minimum level of funding to the provinces. It was also necessary to provide adequate training for labour inspectors and a national framework should be drawn up in this regard. Laws needed to be clear for those implementing them. The Government was urged to avail itself of ILO technical assistance.

The Worker members welcomed the Government’s indication that it intended to comply with the requests made by the Committee of Experts. However, a sense of urgency was lacking, given the importance of the issues at stake. Although the process of delegating power to the provinces would take time, insufficient practical progress had been made. The Government should ensure that all four provinces had legislation in place that was in conformity with the Convention, by the end of 2014. The labour inspectorate in the country remained weak. In this regard, a direct contacts mission should take place, to address the implementation measures that were required. The Joint Action Plan in the province of Sindh was not a strategic plan and it did not outline how the steps therein would be specifically accomplished. The Government should therefore accept a direct contacts mission to begin the process of developing a coherent strategic plan, including in mining, and the garment industry. The mission should include experts in occupational safety and health and labour inspection, as well as legal experts. The Government indicated that it was willing to accept further technical assistance with regard to establishing an effective labour inspection system, and this assistance should focus on effective implementation as a follow-up to the direct contacts mission. Noting the willingness expressed by the Government, the Worker members requested the Government to comply with all requests made relating to reporting obligations, prior to the end of 2014.

Individual Case (CAS) - Discussion: 2013, Publication: 102nd ILC session (2013)

The Government provided the following written information.

The Committee of Experts had requested the Government, in its observation made at its last session (November–December 2012), to clarify the extent to which the provinces, following the Constitutional Amendments of 2010, were still subject to legally binding guidance given at the federal level in the field of labour, including on labour inspection, and the extent to which competence in the field of labour in this respect would remain at the federal level. The Government, in reply to this request, indicated that following the 18th amendment to the Constitution, the subject of labour had been devolved to the provincial governments, which now assumed full responsibility for labour legislation and administration. Through the enactment of the Industrial Relation Act of 2012, the federal Government assumed the function of registration of inter-provincial trade unions, conciliation and adjudication on industrial disputes, and some other related matters. The former Ministry of Human Resource Development, now regrouped under the Ministry of Overseas Pakistanis and Human Resource Development, continued to assume the responsibility to interact with provincial labour departments on the application of international labour standards and to report within the supervisory mechanism on ratified ILO Conventions.

The Committee of Experts had further asked the Government to specify the implementation measures that had been taken at provincial level with regard to the subjects and points raised by the Committee previously in relation to the 2006 and 2010 labour inspection policy documents and, if so, to specify those measures. The Government indicated in that regard that, under the 18th Amendment to the Constitution, all previous laws and regulations on workers’ rights at the workplace were protected under the new article 270 AA, until they were annulled, amended or repealed by provincial parliaments being the competent authority. Article 270 states: “Notwithstanding omission of the Concurrent Legislative List by the Constitution (Eighteenth Amendment) Act 2010, all laws with respect to any of the matters enumerated in the said list including Ordinances, Orders, rules, by-laws, regulations and notifications and other legal instruments having the force in Pakistan or any part thereof, or having extra-territorial operations, immediately before the commencement of the Constitution (Eighteenth Amendment) Act 2010, shall, continue to remain in force until altered, repealed or amended by the competent authority.” The provinces were also responsible for implementing all measures in connection with the Labour Policy 2010, the Inspection Policy 2006 and national plans of action, including the tripartite Occupational Safety and Health Council. Efforts were under way at the level of the provinces to rationalize labour laws under the Decent Work Country Programme, in consultation with the social partners. The Prohibition of Employment of Children Act had already been drafted by all the provinces. They had also promulgated the provincial laws on industrial relations.

The Committee of Experts had also asked the Government to provide copies of any labour laws adopted in the provinces and to indicate any other legal texts which, in accordance with Parts I and II of the report form, implemented the provisions of the Convention at the provincial level. It had also requested the Government to provide information on the mandate and operation of the coordination mechanism at the federal level, and any institutional arrangements envisaged and/or created in this respect. The Government indicated in this regard that, as the provinces were still in the process of finalizing their laws, the copies of amended/adopted laws would be provided as soon as this task was completed. The laws still in force were the following: the Factories Act 1934; the Shops and Establishments Ordinance 1968; the Payment of Wages Act 1936; the Workmen Compensation Act 1926; the Employment of Children Act 1991; the Road Transport Workers Employment Ordinance 1969; the Minimum Wages Ordinance 1961; and the Minimum Wages for Unskilled Workers Ordinance 1969. Under the new system, the provinces would play a much more proactive role in applying ILS and reporting through the federal Government. This would require strengthening the capacity of the Ministry responsible for human resources development to coordinate with provincial departments and report to the ILO supervisory bodies. It also required a compliant labour administration with the active involvement of employers’ and workers’ organizations. In this respect, the Government had initiated a project with the assistance and guidance of the ILO, and the Government fully appreciated the role of the ILO and was looking forward to early completion and the functioning of this key project as soon as possible.

Furthermore, the Committee of Experts had requested the Government to clarify whether the restrictive policy banning labour inspections had also been abandoned in the Province of Sindh and/or in other provinces and, if not, to indicate the measures taken at the competent level to bring the labour inspection policy into line with the requirements of the Convention so that labour inspectors could perform their duties in accordance with the provisions of the Convention. The Government indicated that there was no ban in the Province of Sindh or any other province on inspection. Details of inspections by the Sindh Labour Department from 2008 to 2012 were: (i) number of inspections: 2,540 in 2008, 2,628 in 2009, 1,836 in 2010, 2,259 in 2011 and 2,086 in 2012; (ii) number of prosecutions: 1,296 in 2008, 508 in 2009, 445 in 2010, 2,833 in 2011, and 398 in 2012; and (iii) number of relevant decisions: 732 in 2008, 299 in 2009, 342 in 2010, 335 in 2011 and 176 in 2012.

Noting that the Amendment to the Constitution might result in changes in the organization and legal framework applicable to the labour inspection system in the provinces, the Committee of Experts had also expressed its wish to receive more information, in accordance with Parts I and II of the report form, including, but not limited, to: (i) the organizational structure (if possible with organizational chart) and administrative arrangements; the central authority at the provincial level competent for labour inspection in each province; (ii) the legislative framework for labour inspection at the provincial level, including any law on labour inspection, concerning the status, powers and obligations of labour inspectors in each province; (iii) statistics on the number of labour inspection staff per office in each province; and (iv) the material means available, such as office facilities, means of transport for inspections and applicable reimbursement rules. The Government had indicated in this regard that the provinces were responsible for the implementation of labour laws in industrial and commercial establishments. The Provincial Directorate of Labour Welfare through their field formation carried out inspections in establishments under various labour laws. The field formation comprised labour inspectors, labour officers, Assistant Directors, Deputy Directors and Director/Joint Directors. Labour inspectors carried out inspections in shops and establishments, while labour officers were responsible to conducting inspections in industrial units under the various labour laws applicable. Assistant Directors, Deputy Directors and Director/Joint Directors conducted super inspections of the work carried out by labour inspectors and labour officers. In case of violations of labour laws, those responsible were prosecuted by the concerned inspectors. Following the 18th Constitutional Amendment, a coordination mechanism existed at the federal level. Transport facilities were given to the inspection staff in Balochistan. In other provinces, this facility was available to Joint Directors and above.

Finally, the Committee of Experts had asked the Government to take the necessary steps to ensure that annual inspection reports were published by each province containing detailed up‑to‑date information on the subjects covered by Article 21 of the Convention. The Government, in reply to this request, indicated that the report has been published up to 2007 and that the observation of the Committee had been noted with a view to compliance.

In addition, before the Committee, a Government representative stated that his Government attached great importance to the work of this Committee and considered that the expertise provided through the ILO supervisory system and the social partners helped governments to apply ILO Conventions in a more effective and fruitful manner. Over the past three months, Pakistan had been in the process of democratic transition with an interim government in place for conducting national and provincial elections. He sought the social partners’ understanding for the fact that the interim government had not been able to make adequate preparations for participation in the Conference, and that the newly elected Government had only recently been able to finalize the workers’ and employers’ delegations that would be reaching Geneva on 11 June 2013. He emphasized that the Government deeply deplored the tragic accident at a factory in Karachi in which many innocent lives had been lost, and assured the Committee of its strong commitment to fully investigate the accident through a judicial tribunal and to work on an urgent basis in consultation with the workers’ and employers’ federations, as well as the ILO, to avoid the recurrence of such accidents in future. The Government had also taken steps to provide compensation to the victims and their families.

He added that the Government had signed a Joint Statement of Commitment with the ILO and the social partners, on the basis of which a plan of action would soon be finalized which would address the issue of labour inspection and safety of workers in its entirety. As regards the specific comments of the Committee of Experts, Pakistan had ratified the Convention in 1953. Ever since ratification, the Government had enacted a number of laws and policies to give effect to the measures laid down in the Convention and had also put in place inspection machinery which administered those laws. He concluded that, by empowering the provincial governments on the legislative and technical fronts, the inspection system would be strengthened. The Government would continue to place considerable emphasis on improving the working environment. The focus of the inspection system in the country would be on the prevention, protection and improvement of conditions of work for all workers in all workplaces, including those employed in small and medium-sized enterprises or engaged in informal economic activities, with punishment for non-compliance.

The Worker members wished to make a preliminary statement concerning the late appointment of Workers’ and Employers’ delegates of Pakistan to the Conference. Even though the Conference invitation had been sent to the Government in February 2013, it was only in May that a very small delegation had been formed and approved for a limited period of ten days (11–21 June). That decision had been taken even though the Government knew that the case of Pakistan appeared on the long list of cases before the present Committee. It should be emphasized that the situation was unjustifiable and therefore unacceptable, since it was absolutely impossible for the workers of Pakistan to report on their situation in the Committee. Such a situation should not have the effect of weakening the conclusions that the Committee would adopt.

The Worker members said that for a very long time the Government of Pakistan had not sent any report or information due under Articles 20 and 21 of the Convention or, if it had, such information was incomplete and did not allow any evaluation of whether the Convention was actually being implemented. Furthermore, the concise information provided in 2008 did not contain any reply to the observation of the Committee of Experts or to the points raised in 2006 and 2007 by the Pakistan Workers Federation (PWF), and the report sent by the Government in 2010 merely reproduced the information which had previously been sent in 2007. In 2011, the Committee of Experts had pointed out that the report due had not been received. However, the Government had replied to the observations made by the Pakistan Workers Confederation (PWC) in March 2012 on the implementation of labour inspection policy and had indicated that the planned policy (establishment of computerized registries, the “one inspector, one enterprise” approach, training of inspectors, etc.) had encountered institutional problems relating to the division of legislative powers between the provinces and the centre. They regretted that that reform had been blocked even if, according to the Government’s last report, the provinces were in the process of drawing up new labour legislation, including in the area of occupational safety and health, as part of the ILO Decent Work Country Programme. The Government had not supplied any information on the specific question of the establishment of a new labour inspectorate. Moreover, it could not use the argument relating to the distribution of powers between the provinces and the central level to evade its obligations under the Convention. The wording of article 19(7)(b) of the ILO Constitution dealing with the application of standards by federal States showed clearly that that argument was baseless. Furthermore, they recalled that the PWC and the All Pakistan Federation of United Trade Unions (APFTU) had indicated that the labour inspection system of Punjab and Sindh provinces had become ineffective further to the adoption of restrictive policies obliging labour inspectors to obtain the employer’s permission before carrying out an inspection. These organizations had also drawn attention to the abolition of inspection visits and their replacement by a voluntary self-declaration mechanism, and also to federal restrictions, which had resulted in an increase in child labour. It should be noted that the Government had stated in March 2012 that the Government of Punjab had abolished the system which had been the subject of criticism.

The Worker members declared that it would be interesting to receive full information from the federal Government on the situation of labour inspection in all provinces, especially the number of enterprises by province, the exact number of workers and of inspections actually carried out, and also on issues raised during inspections. However, that information should not replace the annual inspection reports which had to be supplied under the Convention. The Government initiative to draw up a summary table of the situation for four months of 2012 which, incidentally, showed a total lack of efficiency, should be pursued and expanded, and the annual inspection reports should be published as requested by the Committee of Experts. Recalling the central role of the priority Conventions, and particularly Convention No. 81, the Worker members emphasized that it was necessary not only to pursue the strategic approach envisaged by the Governing Body, but also to adopt a realistic approach to make the Government understand that the Convention was not the source of administrative burdens, but constituted a tool at the service of employers, workers and the Government itself.

The Employer members expressed their regret that Workers’ and Employers’ delegates had only received that very day approval to attend the Conference. This situation undermined the tripartite nature of the Committee and the ability to have a constructive dialogue, particularly in view of the fact that this case was being heard for the first time. The present case related to Convention No. 81, which was one of the four ILO governance Conventions. The Convention dealt with the service of labour inspection which, as regards organization and sustainability, mostly concerned governments. However, its implementation impacted on employers and on the general perception of investors in a country with respect to a variety of matters such as the rule of law and the ease of doing business. The Employer members considered that labour inspection should be flexible and able to respond to the challenges of the world of work through an adequate use of resources. Resources should also be devoted to health and safety protection for workers. That allocation of resources would benefit both the employer and the worker. A good system of labour inspection was a fundamental element for effective labour administration: labour inspection was at the service of employers, as well as workers, and both workers and employers should benefit from information, services and better understanding of their respective roles and responsibilities.

The Employer members observed that in general that the Committee of Experts had raised concerns about the labour inspection system following the adoption of restrictive policies in the provinces. It was the 14th observation made by the Committee of Experts on the application of the Convention in Pakistan. Positively, while the Worker members had reiterated the restrictions contained in the laws, the Employer members wished to highlight that the Government had also indicated that certain strategies in the Punjab province had not had the desired effect, which demonstrated a critical reflection on what was working and what was not. The information requested by the Committee of Experts on how labour inspection was structured and functioning was important to ensure that there was no legal vacuum. It was also important to determine the priority mechanisms for inspection and the resources available (people and materials) so that resources could be allocated to the publication and distribution of annual inspection reports. The Employer members noted the reference to increases in child labour due to inadequate labour inspection and considered it a matter of concern, although the information provided had not come with a data-driven baseline and required careful monitoring. They emphasized that Convention No. 81 was a flexible instrument, as it allowed the exclusion of some sectors from its application (for instance mining or transport) and the definition of the branches subject to inspection (through a declaration annexed to the ratification of the Convention). They considered that the main challenge related to this Convention was the lack of resources to ensure the proper functioning of labour inspection. Therefore, countries such as developing countries were obliged to give priority to some types of inspection. The labour market in Pakistan was characterized by a higher degree of informality (around 80 per cent) and it was important that particular priorities were established to ensure the effective functioning of labour inspection, which was arguably in a very early phase of development.

They referred to their comments during the general discussion concerning the relevant General Survey on labour inspection to the effect that it was necessary to be realistic, for example, through the definition of priorities that could be covered with existing resources, finding new ways to use resources more effectively, especially by employing new technologies and elaborating strategies aimed at extending labour inspection progressively. In this regard, they encouraged the Government to take a strategic approach to managing the challenges at hand, in consultation with the representative employers’ and workers’ organizations, so as to avoid serious matters, such as the increase on child labour due to the inadequacy of labour inspection systems.

The Government member of the Islamic Republic of Iran highlighted the recent democratic election in Pakistan and the peaceful transfer of power. Although belatedly, he expressed his Government’s condolences to the families of the workers who had lost their lives in the Karachi fire in September 2012, described as the deadliest industrial accident in the history of the country. Pakistan had ratified 34 ILO Conventions, including all the fundamental and priority Conventions, and the Government and its social partners had the political will to fully implement the obligations arising from the respective Conventions by actively engaging with one another and the ILO. He acknowledged the 18th Amendment of the Constitution of Pakistan, which tended to ensure maximum decentralization and provincial autonomy. The Government’s initiative to devolve a number of important matters including labour relations and labour inspection to the provincial levels entailed radical restructuring of the federal and provincial bureaucracy. His Government expected that the ILO would appreciate the gravity of the complex transition period and provide the necessary technical assistance to the Government. He expressed his Government’s hope that the social partners would bear with it during the transition process. His Government also expected that the Office would allocate additional resources to the promotion of the ILO priority Conventions in the Asia and Pacific region, particularly for highly populated States like Pakistan, where the full implementation of those Conventions remained a priority.

The Worker member of Japan stressed that effective labour inspection was essential to ensure that the rights of workers as expressed in domestic law were protected. As in Bangladesh, the absence of effective labour inspection in Pakistan had had tragic consequences since the last session of the Conference. On 11 September 2012, a fire had started in the basement of a factory in Karachi and had quickly spread to engulf the three upper floors of the building. All exits had been locked or blocked at the time of the fire and many of the windows had been covered by iron bars, condemning over 300 workers to death, many of whom had been the sole source of income for their families. She emphasized that the factory had received SA8000, certification that it had met international standards in areas including health and safety, child labour and minimum wages. Subsequent reports had demonstrated that the factory audits undertaken by a private auditing firm had been deeply flawed. Surviving workers had explained that they had been warned of a visit by inspectors and coached to lie about their working conditions, under threat of dismissal. There were roughly 10,000 industrial units and five industrial estates in Karachi that employed hundreds of thousands of workers, with the only difference to that factory being that they had not yet caught fire. Measures necessary to ensure occupational safety and health were completely absent in industrial units, and the Government did little to ensure that such measures were taken. The Sindh province, in which Karachi was located, had no functioning labour inspection system and thus no regular inspection of industries. Despite the employers’ legal obligation to ensure that workplace hazards were minimized or eliminated, they had little incentive to bear the costs necessary to meet this obligation, knowing that they would never be held accountable by the Government. As of the late 1990s, administrations in Punjab and Sindh, under pressure from the industry lobby, had barred labour inspectors from entering factory premises. The Punjab province had recently overturned the ban. In the Sindh province, inspectors were required to provide prior notice of inspection to management, thus ensuring that the inspection would be a complete farce. One of the key problems was that the subject of labour relations had been devolved entirely to provincial governments. Before the constitutional amendment in 2010, all labour laws had been promulgated by the federal Government and implemented by the provinces. Following the amendment, the federal Government no longer had the power to legislate on labour-related matters, including labour inspection. The provincial governments had developed laws on labour relations which, in the absence of coordination, had led to a patchwork of labour laws and regulations which did not meet international standards and often replicated the inconsistencies of the 2012 Industrial Relations Act. The provinces had not yet promulgated labour inspection legislation and had no obligation to respect the inspection policy adopted by the federal Government in 2006.

The Government member of Turkey indicated that he took note of the great efforts demonstrated by the Government of Pakistan in the process of the 18th Amendment to the Constitution, which ensured maximum provincial autonomy by devolving a number of important issues, including labour relations, from the centre to the provinces. He considered that this development marked a critical step towards improving working life, as well as strengthening and institutionalizing democratic federalism in Pakistan. While taking note of the recent elections in the country, which might have caused some timing problems for the social partners, he expressed appreciation of the commitment for the Government towards the work of the ILO. In conclusion, he underlined the will of the Government to fully implement its international obligations concerning labour matters.

The Worker member of Singapore indicated that there was a critical shortage of labour inspectors in the country. In Baluchistan, a province with hundreds of coal mines in which many workers had been killed or injured, there were only 59 inspectors (43 workers had been killed in 2011 following a series of explosions at a coal mine at Sorang near Quetta, where workers had reported that they were working virtually without protective equipment and that the mine owners took few if any safety precautions). In the Khyber Pakhtunkhwa (KPK) province, there were only 62 inspectors, and in Sindh only 130. Concerning the requirement of adequate training, most inspectors were given the most rudimentary training, and only very few were provided with specialized training to identify potential problems in specific industries. With respect to the requirement to provide transport facilities, in most cases inspectors were required to use their own vehicles and to bear the travel costs, which substantially limited the effectiveness of labour inspection. As regards the requirement of adequate penalties for violations of the legal provisions enforceable by labour inspectors or the obstruction of inspectors in the performance of their duties, this requirement was not met in Pakistan. While labour inspectors had a legal right to access company records, this rarely happened in practice as management either refused access or provided false records. Although an inspector could apply to court for access, the process could last many months and only led to an inconsequential fine. The fines for violation of the labour law were extremely low (5,000 Pakistan rupees (PKR) or approximately US$50) and did not dissuade management from violating the law. Since 2007, there had been no published report on labour inspection, as there was no authority to even collect this information. The labour inspection crisis in Pakistan was measured in the number of workers killed and injured every year because the State had failed to enforce the law. She recommended: that labour inspection laws and procedures be immediately promulgated, in consultation with workers’ and employers’ organizations; that the provincial governments develop a well-trained force of inspectors to carry out inspections; that inspectors be able to inspect without prior notice to management; that, when an inspector had reasonable cause to believe a situation to constitute a threat to the health or safety of workers, the inspectors be empowered to act immediately; that occupational safety and health laws be passed at the level that covered all industrial, commercial and other establishments, strictly enforced and provide for dissuasive penalties for violators and compensation for victims; and that a mechanism be put in place whereby labour inspections were closely supervised through a tripartite committee to bring to an end to the blatant violations of the law.

The Government member of China stressed that the 18th Amendment to the Constitution guaranteed the full autonomy of the provinces and that a number of labour inspection powers had been devolved to them. The Government was currently in a transitional phase and needed more time to implement labour legislation, for which it should receive ILO technical assistance.

The Worker member of the United States referred to the accident at a garment factory in Karachi which had killed 300 workers and to the fire at a shoe factory in Lahore that had killed 25 workers. Extensive failings by the Government had played a major role in these deaths. She highlighted that some provinces had banned labour inspection and, while Punjab had overturned the ban, there continued to be little enforcement of safety laws. She emphasized that, instead of investing resources in effective labour inspection, the Government had embraced a voluntary system of private industry-driven auditing, which revealed serious problems. For example, three weeks before the fire in Karachi, the factory had been awarded an SA8000 certification, the so-called gold standard of safety. An entity related to the organization that had developed this certification had licensed an Italian corporation to certify the factory. Without actually inspecting or even setting foot in the factory, the certification society had then subcontracted the inspection to a Pakistani corporation controversial for its high rate of certification. She expressed doubts as to whether the social auditing industry which had grown to a multi-billion dollar per year activity was effectively protecting the rights of workers. Private inspections were usually scheduled allowing factories time to prepare. The inspectors at the enterprise in Karachi had been given forms supposedly signed by employees stating that they had received safety and evacuation training, but this had not been the case. She expressed astonishment that the certification society had refused to release the inspection report on the factory citing confidentiality requirements. Often the information collected during these private inspections remained the property of the factories, and the employees, unions and even governments never received any information about what had been discovered. According to the requirements of the Convention, the essential work of labour and safety inspections should not be carried out by private auditing. To this end, the Government should pass legislation that created an effective labour inspection system that was consistent with the Convention. She urged the Government to provide all the information requested by the Committee of Experts and suggested that the ILO send a technical mission to Pakistan to assist with the development of an effective labour inspection system.

The Government member of Sri Lanka underlined that Pakistan was an important member of the ILO and that its huge population and projected industrial expansion added to its importance. She expressed appreciation of Pakistan’s active engagement with the ILO and its long-standing efforts to fully meet its international obligations in the field of labour. She noted the 18th Amendment to the Constitution of Pakistan which ensured maximum provincial autonomy. While considering that such devolution of power to the provincial level would strengthen and institutionalize democratic federalism in Pakistan, she underlined that such a process involved complex transition, including the restructuring of federal and provincial bureaucracy, a factor that the Conference needed to take into account. She expressed appreciation of the recent elections in Pakistan and the peaceful transfer of power and emphasized the overlapping of the dates of the ILC with the formation and taking of the oath by the new Government. She highlighted the Government’s will to fully implement its international obligations concerning labour issues.

The Government member of India indicated that a sound legislative framework backed by an effective labour inspection system was the key to ensuring the welfare of workers. Under the Convention, labour inspection was a sovereign function to be effectively discharged by national governments. He underlined the very important role of the ILO in helping member States, especially developing countries, strengthen their regulatory system. Having heard the statement of the Government representative of Pakistan, he noted the various measures being taken by the country with a view to strengthening its institutions and legislative machinery. The ILO should extend all technical cooperation to member States in their efforts to bring about improvements in the world of work.

The Government representative took note of the comments made by the Worker and Employer members and requested understanding for the exceptional circumstances that had led to the delay in participation of the national social partners. In light of the valuable guidance provided by the Committee, he expressed his Government’s commitment to work hard to address the important issues that had been highlighted so as to improve compliance with international obligations, maintain high standards of safety and security at the workplace and improve the labour inspection system. He once again expressed his Government’s regret at the tragic incident that had taken place in a Karachi factory and its deep commitment to take steps to rectify the situation. In this regard, the Government had taken immediate measures to compensate the victims of the incident: the families of 214 out of 259 dead workers had received an amount of PKR900,000 per person; an additional amount of PKR400,000 per person was likely to be paid to the legal heirs under the Workmen Compensation Act; all of the injured had been paid compensation of PKR150,000 per person; and employers’ associations had undertaken to make employment arrangements for those who had been rendered jobless in the wake of the accident. He once again referred to the Joint Statement of Commitment signed by his Government with the ILO and the social partners. As regards labour inspection, the Government would take measures in line with international standards and in consultation with the social partners. The new mechanism for coordination between the centre and the provinces was in place and would soon be up and running. The mechanism would resolve institutional problems, since the provinces would share their work with the centre, help address the issue of the capacity of inspectors, follow a preventive approach instead of just focusing on awarding fines and penalties, by reaching out to the informal economy, and provide data for scrutiny by civil society and the social partners. Due note had been taken of the comments on the need to put in place adequate penalties for violations of legal provisions, to provide adequate transport facilities and bear other costs for inspection, and to ensure that data were effectively collected and reports were published regularly. He reaffirmed that inspections were not banned in Pakistan and that the Government would work towards the removal of any existing impediments in the conduct of inspections in any of the provinces. As regards the number of inspectors, the data were as follows: 83 in Punjab; 81 in Sindh; 68 in KPK; and 59 in Balochistan. The Government was committed to work towards the improvement of the situation, keeping in view the availability of resources. While highlighting the challenges arising from the redistribution of legislative powers to provinces, he emphasized that the federal Government would remain seized of its responsibilities in terms of reporting on the relevant ILO Conventions and their implementation. He requested ILO technical assistance to help improve the labour inspection system in Pakistan.

The Worker members said that the Committee’s conclusions should cover three points. Firstly, the Government should, as a federal State, ensure that the provinces provided the conditions necessary for the application of the Convention throughout the entire territory, without exception. Secondly, it should supplement the information it had provided in 2012 in order to paint a full picture of the situation of labour inspection in all the provinces, specifically indicating for each province the exact number of workers, regardless of their status, the visits that inspectors had conducted and the issues examined during the inspections. Thirdly, it was necessary to ensure that the Government would, on the one hand, collaborate with the ILO both to apply the Convention and to monitor the progress made on decent work on the ground and, on the other, receive technical assistance from the ILO in order to achieve the full application of the Convention. That would facilitate the application of other Conventions, especially those on occupational safety and health. Technical assistance should also be provided on the obligations concerning inspection reports, as set out in Articles 20 and 21 of the Convention. In addition, the initial results of the legislative reforms should be reflected in the report that was due in 2013. They also emphasized that, in view of the long-standing nature of the case and that it was impossible for Pakistani workers to speak out, owing to the Government’s attitude, they could have asked for the case to be placed in a special paragraph. They had, nonetheless, requested that the protests of the Worker and Employer members should be clearly reflected in the report and stated that they would not hesitate to highlight the situation at the plenary session of the Conference.

The Employer members, while understanding that a tremendous reform was taking place in Pakistan, notably with regard to decentralization, urged the Government to provide all the information requested by the Committee of Experts and to meet all of its reporting requirements. They encouraged the Government to continue its efforts towards strengthening labour inspection, to accept ILO technical assistance and to uphold its cooperation with the ILO so as to ensure lasting progress.

Conclusions

The Committee noted at the outset its disappointment at the failure of the Government to accredit its workers’ and employers’ organizations in time for their attendance at the discussion of this case before the Committee.

The Committee noted the oral and written information provided by the Government representative and the discussion that followed concerning the effectiveness of labour inspections and the enforcement of legal provisions in the context of the delegation of competence to the provinces in the area of labour legislation and administration, as well as the recent fire in a garment factory in Karachi, in which nearly 300 workers had lost their lives. The specific issues addressed included the human and material resources of the labour inspectorate, restrictive policies for inspections, private and voluntary self-assessments in enterprises and the regular publication and communication to the ILO of annual inspection reports.

The Committee noted the Government’s commitment to address all the issues that had been raised and its assurance to the Committee that there were no bans on inspections in any province. It noted the Government’s indications that, through the delegation of powers to the provincial governments, the inspection regime would be strengthened and would enable inspectors to work more efficiently and effectively adopting a preventive approach. It also noted the measures announced by the Government to compensate the victims and their families affected by the factory fire in Karachi and to avoid the recurrence of such incidents in the future. The Committee also took note of the information concerning the signing of a Joint Statement of Commitment in the province of Sindh with the ILO and the social partners for the establishment of a plan of action to address the issues of labour inspection and occupational safety and health in view of the serious accidents that had taken place in the country. The Committee further noted the Government’s request for technical assistance.

The Committee emphasized the importance of an effective system of labour inspection in all provinces for both employers and workers, including the need for adequate training of labour inspectors and the provision of sufficient human and material resources. While being aware of the financial conditions the country was facing, the Committee expressed the hope that adequate resources would be allocated to the labour inspection services and that priorities would be agreed upon and a strategic and flexible approach adopted, in consultation with the representatives of the social partners. The Committee recalled that the publication of annual inspection reports containing the statistical information required under Article 21 of the Convention was very important in enabling an objective evaluation of the extent to which the legal provisions relating to conditions of work and the protection of workers while engaged in their work were being respected in each province.

The Committee requested the Government to include in its report to the Committee of Experts due in 2013 complete information on all the issues raised, as well as detailed data in an annual report on the work of the labour inspection services in each province on all the items listed in Article 21 of the Convention, including information on workplaces liable to inspection and the number of workers employed therein, statistics of inspection visits, violations and the penalties imposed, industrial accidents and cases of occupational diseases. It finally expressed the hope that the steps taken concerning the application of this governance Convention would be reflected in the Government’s next report to the Committee of Experts. The Committee welcomed the request by the Government for technical assistance and hoped that this assistance would enable the Government to effectively apply the Convention.

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

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The Committee notes the observations of the All Pakistan Federation of Trade Unions (APFTU) received on 31 August 2023, as well as the observations of the Pakistan Mine Workers Federation (PMWF), received on 7 September 2023. The Committee also notes the Government’s reply to the APFTU’s observations, received on 3 October 2023, in which it indicates that the points raised have been addressed in the Government’s report.

Article 3(1)(a) and (b) of the Convention. 1. Labour inspection and occupational safety and health (OSH). The Committee notes the adoption of the Balochistan Factories Act, 2021, the Balochistan Occupational Safety and Health Act, 2022 and the Khyber Pakhtunkhwa (KPK) Occupational Safety and Health Act, 2022. The Government indicates in its report that the Department of Labour in KPK envisages the establishment of an OSH centre to carry out OSH inspections. Furthermore, a consolidation of labour laws is underway in the Islamabad Capital Territory. The Committee requests the Government to continue to provide information on progress made regarding the OSH legislative framework under which OSH inspections are carried out in Pakistan. It requests the Government to provide copies of relevant legislation in the Islamabad Capital Territory once the consolidation of labour laws is finalized.

2. Private auditing firms. In reply to Committee’s previous request, the Government indicates in its report that there are no private auditing firms engaging in OSH inspections in Balochistan, Sindh, Punjab, and KPK. It indicates that in Balochistan, according to section 112 of the Balochistan Factories Act, 2021, an internal bi-partite inspection system is established in factories, consisting of two representatives each of management and workers to undertake periodical inspection. Similarly, in KPK an internal audit mechanism of the condition of occupational safety and health of the workers is in place in factories, and is conducted by employers. Taking due note of this information concerning the provinces, the Committee requests the Government to provide information on whether any private auditing firms perform audits in the area of OSH in the Islamabad Capital Territory, and if so, to provide information on their activities.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector. The Committee notes the information provided in the annual labour inspection reports of 2019, 2020 and 2021 on labour inspection activities in the mining sector. It also takes due note of the relevant information provided by the Government concerning the provinces of Balochistan and KPK in 2022. With regards to recruitment of mining inspectors, the Government indicates that the Department of Mines in Balochistan has 28 inspectors, after 12 new recent appointments. In KPK, there are 16 inspectors of mines responsible for inspecting over 3,000 mines across the province, including surface and underground mines. Furthermore, the KPK has approved eight additional posts for inspectors of mines in the merged Tribal Districts and Tribal Sub-Divisions, with recruitment currently underway. With regards to applicable fines, the Committee notes that the fines provided under sections 24 and 40 of the Mines Act, 1923 were increased through an amendment adopted in 2020.The Committee notes that in its observations, the PMWF points to a flawed mine inspection system leading to frequent mine accidents and worker fatalities. The PMWF stresses the importance of enhancing the system through tripartite consultation and amending mine safety laws for effective implementation, emphasizing clear regulatory responsibilities and accountability mechanisms. The APFTU highlights the urgent necessity for a strong, independent labour inspection system to guarantee safe working conditions, particularly for coal mine workers in Balochistan who still encounter a high rate of tragic accidents. Noting that the report of the Government does not address the issue raised by the APFTU, the Committee requests the Government to provide detailed comments in response to these observations. It requests the Government to continue to provide information on the number of inspection staff working in the Departments of Mines, the number of mines inspected, the number of violations detected, and the penalties applied, as well as the number of fatal and non-fatal accidents in the sector.The Committee also requests the Government to provide information on the measures taken to increase recruitment of mining inspectors in all provinces, and on any other measures taken to improve safety and health in the mining sector.

Article 7. Qualifications and training. Following its previous comment, the Committee notes that in Punjab, discussions are ongoing to establish rules specifying the qualifications for labour inspectors. The Department of Labour operates two training institutes providing OSH training to labour inspectors upon induction and before promotion. The Government indicates that specific qualification requirements apply to different categories of inspectors in Sindh. In KPK, the Department has conducted both internal and external training sessions in 2022, covering a wide range of topics. The Government indicates that in the Islamabad Capital Territory, there is need for comprehensive training to improve officials’ knowledge and skills, particularly in alignment with international best practices. In this respect, it requests the ILO’s assistance in organizing training sessions for relevant officers to enhance their competencies in labour inspection and enforcement. Taking note of this information,including the request for ILO assistance,the Committee requests the Government to indicate whether the Government of Punjab continues admitting officers into the Department of Labour from other departments of the district administration and the district police, to work as labour inspectors and if so, to provide information on the manner in which it is ensured that the new officials assigned to the Department of Labour performing the function of labour inspectors have adequate qualifications to perform effectively their inspection duties, in accordance with Article 7 of the Convention. The Committee requests the Government to continue to pursue its efforts to ensure that inspectors receive adequate training for the performance of their duties and to provide more specific information on the content, frequency and duration of the training given to inspectors, as well as the number of participants.

Article 8. Eligibility of men and women for appointment to the inspection staff. The Committee notes the Government’s indication that, with respect to the appointment of inspectors, equal opportunity is provided to men and women to apply. It notes the information in the 2019, 2020 and 2021 annual labour inspection reports on the number of female labour inspectors in the Departments of Labour and Departments of Mines in all provinces, observing that they are a very low percentage. In the Departments of Labour there are 15 women inspectors in Punjab, four in Sindh, six in KPK with an additional female Deputy Director and one female Assistant Director, one statistical officer and a few other office staff. The Government indicates that in Balochistan, the number of female labour inspectors in the Labour Department increased from 2 to 5. On specific measures taken to increase the number of female inspection staff, the Government of Sindh increased the quota for women from 5 per cent to 15 per cent in all government posts. In Balochistan females have a quota of 5 per cent for the appointment for announced posts. The Committee notes that KPK is in the process of recruiting female labour inspectors, with five female labour officers in the final stages of induction under the reserved female quota of 10 per cent. In its observations, the APFTU highlights the need of appointing a greater number of women labour inspectors to enhance diversity and representation within the labour inspection workforce. The Committee requests the Government to continue to provide information on its efforts to increase the number of female inspection staff, including additional measures taken or contemplated, and the results thereof.

Article 11. Financial and material means, including transport facilities. The Committee takes note of the detailed information provided on measures taken to improve the situation with regard to transport facilities and allowances in Punjab, Balochistan and KPK. However, it notes that the available transport facilities remain low. The Committee requests the Government to provide information on any measures envisaged or adopted to ensure that sufficient budgetary resources are allocated for the labour inspectorate and specifically to strengthen the transport facilities available to inspectors in all provinces and the Islamabad Capital Territory. It requests the Government to provide further detailed information on the transport facilities available to labour inspectors in each province, and the total amount spent on travel allowances each year.

Articles 17 and 18. Effective enforcement. Sufficiently dissuasive penalties for labour law violations. The Committee welcomes the information provided in the annual labour inspection reports of 2019, 2020, 2021 regarding the number and types of infringements detected, the number and types of penalties imposed under various laws, the number of cases reported to the police for further investigation and prosecution, the judicial outcomes and the number and amounts of fines imposed by the Departments of Labour and Departments of Mines of each province. The Committee notes that in its report the Government provides relevant information also for 2022 for all provinces, but not for the Islamabad Capital Territory. Concerning the Committee’s previous request regarding progress made to provide increased penalties, the Committee notes with interest the Government’s reference to: (i) the 18th amendment of the Sindh Minimum Wages Act, 2015, which raised the applicable penalties for obstructing inspectors; and (ii) increased fines provided under the new Balochistan Factories Act, 2021. 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 infringement reports issued, the number of cases brought to the courts, 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.The Committee requests the Government to provide information on the measures taken or envisaged to ensure that 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 are sufficiently dissuasive.

Articles 20 and 21. Publication of an annual inspection report. The Committee notes that the annual inspection report from the different provinces is regularly sent to the Ministry of Overseas Pakistanis and Human Resource Development for compilation and publication. In this respect, it notes with interest that the 2019, 2020 and 2021 annual labour inspection reports were communicated to the Office in accordance with Article 20, containing information on all the subjects listed in Article 21 for the four provinces and the Islamabad Capital Territory. With regard to publication of the reports at provincial level, the Committee notes that the province of Sindh aims to reengage in the practice of publishing annual inspection reports as was done a decade ago. It also notes that for Balochistan, the annual labour inspection report will also be uploaded on the website of the provincial Department of Labour. The Committee requests the Government to continue to regularly publish and communicate to the ILO the annual labour inspection reports.

[The Government is asked to reply in full to the present comments in 2024.]

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

Previous comment

The Committee notes the observations of the All Pakistan Federation of Trade Unions (APFTU), received on 31 August 2023. The Committee also notes the Government’s reply, received on 3 October 2023, in which it indicates that the points raised by the APFTU have been addressed in the Government’s report.

Articles 3, 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. Additional duties of the labour inspectorate. In reply to the Committee’s previous request, the Government provides in its report, the organizational charts of the labour inspection services in Punjab, Sindh and Balochistan. With regards to measures taken to strengthen the authorities responsible for labour inspection, the Committee takes note of a series of reported initiatives, aiming inter alia to increase staff. In Balochistan, the Department of Labour envisages developing a new strategy of setting targets for the labour inspectors in the field with specific functions, after the envisioned promulgation of new labour laws. In Khyber Pakhtunkhwa (KPK), the Department of Labour is working on the recruitment process to fill vacant posts, having already approved the creation of seven new offices for tribal districts with a total strength of 70 staff, and having sanctioned 63 posts of various cadres for the establishment of 4 new offices in the settled districts of the province. Furthermore, the Department of Labour is implementing a scheme aiming to ensure better service delivery. In this regard, the Committee notes that detailed information is provided in the annual labour inspection reports for 2019, 2020 and 2021 on notified posts for labour inspectors (both occupied and vacant) for all provincial Departments of Labour and Departments of Mines, as well as on the number of conducted inspections, and the update provided by the Government for the year 2022. The Committee notes that KPK and Balochistan provinces saw an overall increase in the number of occupied posts of labour inspectors (in KPK from 70 labour inspectors and 16 mine inspectors in 2019 to 78 labour inspectors and 17 mine inspectors in 2021 and in Balochistan from 59 labour inspectors and 25 mine inspectors in 2019 to 86 labour inspectors and 28 mine inspectors in 2022). Punjab province reported virtually no change during this period: from 225 labour inspectors and 13 mine inspectors in 2019 to 225 labour inspectors and 14 mine inspectors in 2021. In 2022, according to Government’s indications, the number of inspectors remained stable for Punjab and KPK, while in Balochistan there has been a decrease to 75 labour inspectors and 38 vacant positions with recruitment process underway for 9 of them. In Sindh there has been a decrease from 118 labour inspectors and 26 mine inspectors in 2019 to 105 labour inspectors and 23 mine inspectors in 2021. The Government indicates that efforts are underway to fill 107 vacant positions in Sindh. The Committee notes that according to the 2021 labour inspection report, in the Islamabad Capital Territory there was no labour inspector, while the Government’s report indicates that 9 inspectors’ posts are notified without clarifying if these posts are occupied or vacant. The Committee notes that in its observations, the APFTU expresses concern over the dire shortage of labour inspectors in the country, with only 517 officials overseeing the safety and well-being of millions of workers engaged in various sectors, including industry, agriculture, and commerce. The Committee requests the Government to provide an organizational chart of the labour inspection services in KPK and the Islamabad Capital Territory.The Committee also requests the Government to continue to provide information on measures taken to strengthen the authorities responsible for labour inspection in the Islamabad Capital Territory and all provinces, and to continue to provide information on the number of labour inspectors in each province (as well as vacant positions) and labour inspections performed in each province. Noting the serious challenges that confront the national system of labour inspection, the Committee urges the Government to continue 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, and to provide information on relevant measures taken or envisaged. Lastly, the Committee requests the Government to provide information on any additional duties performed by the provincial labour inspectorates (such as registration of trade unions and conciliation of labour disputes) and to indicate the amount of time spent on these tasks.

Article 12. Free access of labour inspectors to workplaces. The Committee notes the Government’s reiterated indication that labour inspectors may enter workplaces freely and without previous notice in all provinces. In this respect, the Committee has been noting for several years that section 19 of 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). It also has noted that the 2019 Punjab OSH Act did not contain any provisions related to the power of labour inspectors to freely enter workplaces liable to inspection without prior notice. The Committee also noted that 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, although providing that inspectors may enter establishments as they think fit, do not specifically refer to entry without prior notice (section 11 of the Factories Act of 1934, section 12 of the KPK Factories Act and section 13 of Sindh Factories Act). The same applies for section 11 of the new Balochistan Factories Act, 2021. Observing these limitations or silences in a broad range of legislative provisions, the Committee once again recalls 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. With regards to information on the application in practice, the Committee notes with interest the report from KPK that in 2022, 70,644 inspections were carried out and they were all unannounced. The Committee once again 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 that 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, section 13 of the Sindh Factories Act, and section 11 of the Balochistan Factories Act, 2021. It also requests the Government to provide information on the exercise of this right in practice in all provinces, indicating the number of inspections conducted with and without prior notice.

Article 14. Notification of industrial accidents and cases of occupational diseases. The Committee notes the information in the 2019, 2020 and 2021 labour inspection reports concerning the number of accidents and diseases notified to the Departments of Labour and the Departments of Mines in all provinces. It notes that the total number of accidents notified in all provinces sharply increased from 351 in 2019 to 1303 in 2021. The Committee notes in particular that in the province of Punjab the number of reported accidents to the Department of Labour increased from 12 in 2019 to 981 in 2021. With regards to occupational diseases, according to the 2019 labour inspection report, no occupational disease was reported in the provinces of Punjab, KPK, Balochistan and the Islamabad Capital Territory, while the Department of Labour in Sindh reported 112 cases. According to the 2020 labour inspection report, no occupational disease was reported in the Provinces of Punjab, KPK, Balochistan, while the Department of Labour Sindh reported again 112 cases of occupational diseases. According to the 2021 labour inspection report, no occupational disease was reported in Punjab, Sindh, KPK and Balochistan. Concerning measures taken to improve the notification of occupational accidents in all provinces, the Committee notes that the online accident reporting mechanism linked with Punjab Employees’ Social Security Institution has been established on a web portal where the statistics with regard to accidents are collected. Furthermore, the Labour Department of KPK aims to continue improving the reporting mechanism through intra and inter departmental cooperation which will allow for consolidation of the number of occupational accidents and diseases notified to all Departments. As far as formulation of rules under relevant laws to improve reporting of fatal and non-fatal accidents is concerned, the Committee notes the Government’s indication that the adoption of such laws is underway in KPK. In its observations, the APFTU emphasizes that workers employed in coal mines in Balochistan continue to face a high incidence of tragic accidents and that the country is among those with the highest rates of large accidents in the transport industry. The Committee requests the Government to continue to provide statistical information on the number of industrial accidents and to provide information on the reason for the increase in the number of notified accidents. Noting that there is no available information on occupational diseases for all provinces, the Committee requests the Government to provide detailed statistical information on the number of occupational diseases notified in each province. The Committee requests the Government toprovide information on the reason why no diseases were reported in most of the provinces.The Committee requests once again that the Government take measures to improve the notification of occupational accidents in all provinces, to ensure the notification of both fatal and non-fatal accidents, and to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate. It requests the Government to continue to provide information on the measures taken in this respect, including on any rules or regulations adopted.

Article 18. Obstruction of labour inspectors in the performance of their duties. Following the Committee’s previous comment with regard to data on the obstruction of labour inspectors, the Government indicates that inspectors in Balochistan, Punjab, and the Islamabad Capital Territory are performing their duties freely, and no incidents of obstruction during inspections have been reported. In KPK, the Department of Labour aims to modify inspection reports to include an obstruction indicator in the future. Noting the Government’s indication that in Punjab,Balochistan and the IslamabadCapital Territory 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 all other provinces, including the outcome of the cases and the specific penalties applied (including the amount of fines imposed). The Committee requests the Government to provide information on the progress made by the Department of Labour of KPK with regards to its efforts to include obstruction prosecution data in monthly progress 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 2024.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3(1)(a) and (b) of the Convention. 1. Labour inspection and occupational safety and health (OSH). Following its previous comments, the Committee notes the Government’s indication that the Balochistan Occupational Safety & Health Bill is in process of being tabled before the Provincial Cabinet, and that the process is underway to increase the applicable fines in Balochistan under the Mines Act, 1923. The Committee also takes due note of the adoption of the Khyber Pakhtunkhwa (KPK) Mines Safety, Inspection and Regulation Act, 2019. The Committee requests the Government to continue to provide information on the progress made with respect to the adoption of OSH laws in the Islamabad Capital Territory and all provinces.

2. Coverage of workplaces by labour inspection and private auditing firms. The Committee previously noted the Government’s statement that the outsourcing of responsibilities towards private auditing firms performing third party inspections had to change. It subsequently noted the Government’s statement that private auditing may only be complementary to public labour inspection, and that there were currently no auditing firms accredited by the Pakistan National Accreditation Council with the scope of labour inspection.

The Committee notes the Government’s reiterated indication in its report, in response to the Committee’s previous request, that there is currently no role for private auditing firms to perform third party labour inspections in any of the Provinces. It also states that there is currently no formal interface between private auditing firms and public labour inspection. The Committee also notes the Government’s statement that the process of labour inspection “is mainly carried out by public officials.” The Committee requests the Government to provide information on whether any private auditing firms in the country perform audits in the area of OSH, and if so, to provide information on their activities. The Committee also requests the Government to provide specific information regarding who besides public officials is performing labour inspection duties, what proportion of labour inspection is performed in this manner, and how non-public actors are being supervised by the Government.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector. The Committee notes the information provided by the Government, in response to its previous request concerning recruitment of inspectors in mining in Balochistan, that the Department of Mines and Minerals Balochistan has been strengthened with the new induction of two Mine Safety Engineers, three Junior Inspectors of Mines and two Rescue Instructors. The Committee also notes the information in the annual labour inspection report of 2018 that 16 out of the 23 approved posts for mining inspectors in the province have been filled. The Committee takes due note of the information provided by the Government concerning the number of mines inspected, the number of violations detected, the number of notices issued and the number of occupational accidents with respect to KPK and Balochistan, as well as the number of workplaces inspected and infringements detected by the Department of Mines of Sindh. It further notes the information in the annual inspection report of 2018 on the number of mines inspected concerning all provinces and the number of fatal and non-fatal accidents. The Committee requests the Government to continue to provide information on any measures taken to improve safety and health in the mining sector, and to continue to provide information on the number of mines inspected, the number of violations detected, and the penalties applied, as well as the number of fatal and non-fatal accidents in the sector. It once again requests the Government to explain how the current level of fines imposed, alone or in combination with other penalties, is sufficiently dissuasive as a sanction for these violations. The Committee also requests the Government to continue to provide information on the recruitment of mining inspectors in Balochistan, including the filling of vacant posts.

Article 7. Qualifications and training. The Committee notes the Government’s statement that, in order to strengthen the labour inspectorate in the Province of Punjab, the Government of Punjab has admitted officers into the Department of Labour, from 12 other departments of the district administration and the district police, to work as labour inspectors. The Committee requests the Government to provide information on the manner in which it is ensured that the new officials assigned to the Department of Labour performing the function of labour inspectors have adequate qualifications to perform effectively their inspection duties, in accordance with Article 7 of the Convention, and to provide specific information on the subject matter and duration of training provided to these new officials in support of their labour inspection activities.

Article 8. Eligibility of men and women for appointment to the inspection staff. The Committee notes the information provided by the Government in response to the its previous request on female inspectors, that the Provincial governments are making continuous efforts to increase the number of female inspection staff, with a view to reducing the gender gap in inspection teams. It notes the information in the 2018 annual labour inspection report on the number of female labour inspectors in the provincial Departments of Labour in all provinces, and in the Department of Mines in Sindh and KPK. The Government further indicates that it is in the process of recruiting female labour inspectors in the Department of Mines of Balochistan. The Committee requests the Government to continue to provide information on the results of its efforts to increase the number of female inspection staff.

Article 11. Financial and material means, including transport facilities. The Committee notes the Government’s indication, in response to the Committee’s request, that efforts are being made to provide transport facilities to inspection officials. The Government reiterates that, due to financial constraints, official transport facilities cannot be provided to all the labour inspectors but that efforts are underway to reimburse the inspectors for any travel and incidental expenses necessary to discharge their official duties in all provinces. The Committee further notes the specific information provided concerning the transport facilities and allowances of the Department of Labour of Punjab and the Department of Mines in Sindh. The Committee requests the Government to continue to provide information on the specific actions taken to improve the situation as regards transport facilities and allowances, including further detailed information on the transport facilities available to labour inspectors in each province, and the total amount spent on travel allowances each year.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee previously noted that one of the main findings of the 2016 national OSH profile published by the Ministry of Overseas Pakistanis and Human Resources Development related to the non-availability of reliable data on occupational accidents and diseases. It requested concrete information on the measures taken or envisaged to improve the system for the notification of industrial accidents (including non-fatal occupational accidents) and cases of occupational disease.

The Committee notes the information in the 2018 labour inspection report concerning the number of accidents notified to the Departments of Labour in all provinces, and notified to the Departments of Mining in Balochistan, KPK and Punjab. It notes that the overall number of accidents notified appears to be low (154 for all provinces, both Departments of Labour and Departments of Mines). It notes that the vast majority notified were fatal accidents (136), and in certain cases, only fatal accidents were notified. The Committee further notes that occupational diseases were only recorded and notified to the Chief Inspectorate of Mines in Punjab and the Department of Labour in Sindh. Concerning the regulations under development previously referred to by the Government, the Committee notes the Government’s indication that both the Regulation regarding medical examination of workers of Balochistan and the Sindh OSH rules related to accidents and diseases are still in the process of adoption. The Committee requests the Government to take measures to improve the notification of occupational accidents, to ensure the notification of both fatal and non-fatal accidents, and to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate. It requests the Government to provide information on the measures taken in this respect, and to continue to provide statistical information on the number of industrial accidents and cases of occupational disease in each of the provinces. It requests the Government to continue to provide information on any rules or regulations adopted in this respect.

Articles 20 and 21. Publication of an annual inspection report. The Committee notes with interest the 2018 annual report labour inspection report 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. It further notes the Government’s indication that it will submit the annual consolidated labour inspection report for the year 2019 to the ILO by the end of 2020. The Committee trusts that the Government will continue to regularly publish and communicate to the ILO the annual labour inspection reports.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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.

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

Articles 2, 3(1)(a) and (b) and 22 of the Convention. Coverage of workplaces by labour inspections. Private auditing firms. The Committee previously noted the Government’s statement that the outsourcing of responsibilities towards private auditing firms performing third party inspections had to change. The Committee notes the Government’s indication, in response to the Committee’s request, that there is currently no formal interface between private auditing firms (accredited by the Pakistan National Accreditation Council (PNAC)) and public labour inspection. The Government states that private auditing may be complementary to but may not replace public labour inspection, and further states that there are currently no auditing firms accredited by PNAC with the scope of labour inspection. In this regard, the Committee requests the Government to provide further information on the role and activities of private auditing firms with respect to occupational safety and health; the interaction, if any, between such firms and the provincial labour inspectorates; and further information on the manner in which private auditing firms could complement public labour inspection if they are assigned responsibilities in the future.

Article 3(1)(a) and (b). Labour inspection and OSH. The Committee notes with interest the Government’s reference to the legislative developments concerning OSH in the Islamabad Capital Territory, Sindh, Punjab, Balochistan and Khyber Pakhtunkhwa. The Committee also notes the Government’s indication that the labour inspection profile for Sindh will be finalized by the end of 2019 and subsequently communicated. The Committee requests the Government to continue to provide information on the progress made with the adoption of OSH laws in Islamabad Capital Territory and all provinces, and to provide the labour inspection profile for Sindh, once finalized.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector. The Committee previously noted that the 2018 meeting of all provincial Chief Inspectors of Mines recommended the revision of mining legislation, capacity-building, the recruitment of additional inspectors and the purchase of adequate inspection equipment to address the consistently high number of fatal accidents in the mining sector. The Committee notes from the statistics provided by the Government in response to the Committee’s request that between January and September 2019, in Balochistan, 1,350 inspections were carried out (an increase from 600 mining inspections in 2017). It notes that as a result of these inspections, 600 violations were detected, proceedings were initiated against 74 companies and fines amounting to 66,000 Pakistan rupees were imposed (approximately US$422, on average less than US$6 per company). The Committee also notes the Government’s reference to awareness-raising activities for workers, comprehensive training on safety in mines for 29 mining inspectors, and the proposed reform of the Mines Act in Balochistan to improve OSH. The Committee notes that the Government has not provided the requested information on the filling of inspector positions in Balochistan, the majority of which, as previously noted by the Committee, remained unfilled. The Committee notes from the statistics provided in the 2017 annual report of the labour inspection services that in the mining sector, there were 31 fatalities in Balochistan, 412 in Khyber Pakhtunkhwa, 52 in Punjab, and 8 in Sindh. The Committee requests the Government to continue to provide information on any measures taken to improve safety and health in the mining sector, and to continue to provide information on the number of mines inspected, the number of violations detected, and the penalties applied, as well as the number of accidents in the sector. The Committee further requests the Government to explain how the current level of fines imposed, alone or in combination with other penalties, is sufficiently dissuasive as a sanction for these violations. The Committee also once again requests the Government to provide information on the recruitment of mining inspectors in Balochistan. Noting the significant number of fatal occupational accidents in the mining sector in Khyber Pakhtunkhwa, the Committee urges the Government to strengthen labour inspection in that sector.

Articles 7 and 9. Training of labour inspectors. The Committee notes the detailed information provided by the Government, in reply to its request for information on the training provided to labour inspectors in all provinces, particularly as regards OSH. The Government provides information on the establishment of a centre for OSH and a training institute in the province of Khyber Pakhtunkhwa for the training of OSH inspectors, the training of 235 inspectors in Punjab on various laws, especially regarding OSH, and the training of mining inspectors in the four provinces. The Committee notes this information.

Article 8. Eligibility of men and women for appointment to the inspection staff. Following its previous comments, the Committee notes that the Government once again refers to the fixation of quotas for female inspectors in Khyber Pakhtunkhwa and Punjab, specifying that this quota is 15 per cent in Punjab, and 10 per cent in Khyber Pakhtunkhwa as regards positions in mines. The Committee also welcomes the efforts in Khyber Pakhtunkhwa to increase the number of female inspectors, and the Government’s indication that there are now five female labour inspectors in that province (an increase from one previously noted). The Committee requests the Government to continue to provide information on the efforts made to increase the number of female inspectors in all provinces. It also requests the Government to continue to provide information on the total number of labour inspectors in each province, specifying the number of female labour inspectors.

Article 11. Financial and material means, including transport facilities. The Committee previously noted the Government’s statement that not all inspectors have access to official vehicles, but that efforts were made to reimburse labour inspectors for any travel and incidental expenses considered necessary for the performance of their duties. The Committee notes the Government’s indication, in response to the Committee’s request, that efforts are being made in the provinces to improve the situation as regards transport facilities and allowances. In this respect, the Government refers to the specific budgetary allocations in Balochistan, Sindh and Punjab for vehicles or travel allowances, and to revised rates of daily allowances on official duty in the province of Khyber Pakhtunkhwa. The Committee requests the Government to continue to provide information on the specific actions taken to improve the situation as regards transport facilities and allowances, including information on the transport facilities available to labour inspectors in each province, and the total amount spent on travel allowances each year.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee previously noted that one of the main findings of the 2016 national OSH profile published by the Ministry of Overseas Pakistanis and Human Resources Development related to the non-availability of reliable data on occupational accidents and diseases. The Committee notes the Government’s indications, in response to its request, that in mines, employers are already required to report both industrial accidents and cases of occupational disease, and that inspectors control these requirements during inspections. The Committee also notes the Government’s reference to the draft Sindh OSH Rules which provide for the reporting of occupational accidents and diseases through a dedicated report from, as well as the recently approved Regulations regarding medical examinations of workers in Balochistan. The Committee further notes the information on occupational accidents in the 2017 annual labour inspection report communicated by the Government. In this respect, it notes that information concerning occupational diseases is available only with respect to Sindh, where one case of occupational disease has been reported. The Committee requests the Government to continue to provide concrete information on the measures taken or envisaged to improve the system for the notification of industrial accidents (including non-fatal occupational accidents) and cases of occupational disease in each province. In this regard, it requests the Government to provide information on the legal provisions that require employers to notify industrial accidents and cases of occupational disease to the labour inspectorate in sectors other than mining. It also requests the Government to provide statistical information on the number of industrial accidents and cases of occupational disease in each of the provinces.

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

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

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.]

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

Articles 2 and 22 of the Convention. Workplaces covered by the labour inspection system. The Committee previously noted the observations made by the Pakistan Workers’ Federation (PWF) that a large number of workers were not covered by labour legislation and therefore exempt from the purview of labour inspection, and that there should be occupational safety and health (OSH) laws covering all workplaces irrespective of the number of workers employed in them. In this respect, the Committee noted that work was being undertaken to adopt and enact OSH laws in all provinces, and that draft OSH laws for the provinces of Sindh and Balochistan had already been proposed, based on a model OSH Law that had been developed with ILO assistance at the national level.

The Committee notes the Government’s indication, in response to the Committee’s request that measures are being taken to gradually enlarge the scope of labour inspection to all workplaces. The Committee takes due note of the adoption of the 2017 OSH Act enacted in the province of Sindh, communicated with the Government’s report. The Committee also notes the Government’s reference to efforts in the province of Balochistan to enact the draft OSH Law, the formulation of a draft OSH Law in the province of Khyber Pakhtunkhwa, and the preparation of a separate OSH Law in the province of Punjab. The Committee requests the Government to provide further detailed information on the progress made with respect to the extension of labour inspection to all workplaces, and the adoption of OSH laws in the provinces of Balochistan, Khyber Pakhtunkhwa and Punjab. It requests the Government to provide the relevant OSH laws, once adopted.

Article 3(1)(a) and (b). Labour inspection and OSH. The Committee notes that the Government once again reiterates that in Sindh, a draft OSH policy has been submitted to the provincial cabinet for approval, and that a labour inspection profile is under preparation with ILO technical assistance, which will be communicated once finalized (foreseen for the end of 2018). The Committee requests the Government to continue to provide information on the measures taken to improve the situation with regard to OSH in the Province of Sindh, including with regard to the progress made with the adoption of an OSH policy. It also requests the Government to provide a copy of the labour inspection profile, once finalized.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector. The Committee notes the statistical information provided by the Government in response to the Committee’s request on labour inspection activities carried out in the mining sector in the area of OSH in the province of Balochistan, including the number of mining inspectors (11) and mining inspections undertaken in 2017 (approximately 600). It notes in this respect that the majority of inspector posts in Balochistan remain unfilled (ten out of 19 factory/mines inspectors posts are vacant, as are four out of six OSH inspector posts and all ten technical inspector posts). The Committee also notes the information that a national consultative meeting of the Chief Inspectors of Mines was convened in June 2018 in the framework of the ILO project on Strengthening the Labour Inspection System in Pakistan. It notes that, during that meeting, a number of recommendations were made in view of the consistently high number of fatal accidents in the mining sector, including the updating of the legislative framework governing the mining sector, capacity building, the hiring of additional inspectors and the purchase of adequate inspection equipment. Noting the grave nature of safety risks in the mining sector and the acute shortage of labour inspectors in Balochistan, the Committee requests the Government to provide information on any measures taken to implement the abovementioned recommendations, and to continue to provide information on the number of mines inspected, the number of violations detected, and the penalties applied. The Committee requests the Government to provide information on the steps taken to fill the significant number of vacancies referred to above.

Articles 7 and 9. Training of labour inspectors. Specialists and experts associated in the work of labour inspection. The Committee notes the information provided by the Government, in reply to its request for information on the training provided to labour inspectors, that: in Sindh, with the assistance of the ILO, training has been provided to 120 factory inspectors; in Khyber Pakhtunkhwa, 574 persons were trained, including labour inspectors, employers and workers; in Balochistan labour inspectors have received training within the framework of the ILO project on Strengthening the Labour Inspection System in Pakistan; and in Punjab, a significant number of training sessions in the area of OSH were carried out. The Committee requests the Government to continue to provide details from each province regarding the training provided to labour inspectors, particularly in the area of OSH, including the number and length of sessions and the particular subjects covered. It also once again requests the Government to provide information on the association of technical experts and specialists in the work of the labour inspection services.

Article 8. Eligibility of men and women for appointment to the inspection staff. The Committee previously noted that female inspectors comprised approximately 0.05 per cent of labour inspectors in Punjab and 0.02 per cent of labour inspectors in Sindh. The Committee welcomes the Government’s information, in response to the Committee’s request, that a total of 14 female labour inspectors are working in Punjab, three in Sindh, three in Balochistan and one in Khyber Pakhtunkhwa. The Government adds that there are currently two female inspectors working in mines in the province of Sindh. The Government also refers to the fixation (Khyber Pakhtunkhwa) or proposed fixation (Punjab) of quotas for female inspectors. The Committee requests the Government to continue to provide information on any efforts made to increase the number of female inspectors in all provinces. It also requests the Government to provide information on the total number of labour inspectors in each province, specifying the number of female labour inspectors.

Article 11. Financial and material means, including transport facilities. The Committee previously noted the observations made by the PWF that the budgetary allocations for labour inspection functions were minimal, and that there was a lack of inspection equipment and transport facilities. The Committee notes the reiterated statement of the Government that not all inspectors have access to official vehicles, but that efforts are made to reimburse labour inspectors of any travel and incidental expenses considered necessary for the performance of their duties. Because the Government has not provided a reply, the Committee once again requests the Government to provide specific information for each province on any guidance issued as to what travel is “necessary for the performance of inspectors’ duties”; on the rate established and/or amount allocated for travel allowances; and on the total amount spent on travel allowances each year.

Article 14. Notification of cases of occupational disease. The Committee previously noted that one of the main findings of the 2016 national OSH profile 2016 published by the Ministry of Overseas Pakistanis and Human Resources Development related to the non-availability of reliable data on occupational accidents and diseases. The Committee notes the Government’s indication, in response to the Committee’s request, that under the 2015 Worker Compensation Act, the number of notified cases of occupational disease increased significantly in Sindh, and that efforts are undertaken in Balochistan to establish an inspection reporting unit, which includes the collection of data on OSH. The Committee further notes that out of the 34 occupational accidents notified to the Chief Inspector of Mines in Balochistan, 31 were fatal, and that no cases of occupational disease were notified. The Committee requests the Government to provide concrete information on any measures taken or envisaged to improve the system for the notification of industrial accidents (including non-fatal occupational accidents) and cases of occupational disease in each province, and to provide statistical information on the number of industrial accidents and cases of occupational disease in each of them.

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

Articles 4(2), 5(a), 10 and 16 of the Convention. Supervision and control by central labour inspection authorities at the provincial levels. Number of labour inspectors and 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 indication in its report, in reply to the Committee’s previous request, that there are currently no resources to set up independent labour inspection entities at the provincial levels, but that it is proposed to increase the number of labour inspectors in all provinces. The Government indicates that: (i) in Khyber Pakhtunkhwa, it is proposed to recruit 41 new inspection staff (in addition to the existing 108); (ii) in Punjab, it is recommended to increase the current number of labour inspectors from 71 to 95; (iii) in Balochistan, there are constant efforts to increase the number of labour inspectors every year; and (iv) in Sindh, it is proposed to improve the labour inspection system and increase the number of labour inspection visits in the area of OSH. The Committee once again urges the Government to pursue its efforts to increase the number of labour inspectors, to provide information on the resources committed and concrete measures taken in this respect, and to provide detailed 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, the Committee requests the Government to provide information on any measures taken or envisaged to strengthen the central authority, including measures to give effect to the recommendations in the national OSH profile to create independent labour inspection authorities.

Coverage of workplaces by labour inspections. Private auditing firms. The Committee previously noted that during the discussion in the Conference Committee on the Application of Standards (CAS) in 2014, some speakers expressed concern with regard to the carrying out of third-party inspections by private auditing firms, and it subsequently noted the Government’s statement that the outsourcing of responsibilities towards those firms had to change. Concerning its previous request on the operation of private auditing firms, the Committee notes the Government’s indication that in Sindh, the applicable legislation does not permit the conduct of inspections by private auditing firms. The Committee also notes the Government’s statement that private and public auditing firms (which are accredited by the Pakistan National Accreditation Council (PNAC)) might be a useful means in strengthening the labour inspection system, and that the PNAC regularly conducts surveillance to ensure that these firms have the necessary capacity. In this respect, the Committee would once again like to emphasize that while private auditing may contribute to addressing compliance gaps, such initiatives may only be complementary to, but not replace, public labour inspection. Because the Government has not provided a response in this respect, the Committee once again requests the Government to provide information on whether the enterprises that have been subject to compliance assessments by private auditing firms continue to be liable to labour inspection in law and practice. It requests the Government to provide more detailed information on the surveillance measures undertaken by the PNAC to guarantee independent compliance assessments by these firms. The Committee also once again requests the Government to provide information on whether the Government promotes cooperation between the labour inspection services and the private auditing firms.

Article 12(1). Free access of labour inspectors to workplaces. The Committee previously noted with concern the Government’s indication that since 2001, under administrative order, a letter is issued by the Chief Inspector of Factories (Director of Labour) to a factory prior to an inspection in the province of Sindh, which contains the date and time of the visit. It also noted the observations made by the Pakistan Workers’ Federation (PWF) that labour inspections had practically been discontinued in the province of Sindh and that 2.3 million workers in that province suffered from occupational accidents every year. The Committee further noted from the 2016 OSH profile, that restrictions in the form of prior notice appeared to continue to be a problem in some areas in Punjab. In this respect, the Committee notes with concern that the 2017 Sindh Occupational Safety and Health Act does not give effect to Article 12 of the Convention in that section 19 of that Act does not empower labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and that it 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). The Committee also notes the Government’s statement that prior notice for inspection is in no way in conflict with free access. The Government states that there is no obligation in the legislation to issue notices prior to inspections; however it indicates that such notifications are useful means to ensure that employers are not “unduly harassed” and that the “high handedness” of labour inspectors may be curbed that way. The Committee would like to recall from its 2006 General Survey on Labour inspection, paragraph 263, the Committee indicated that unannounced visits enable the inspector to enter the inspected premises without warning the employer or his or her representative in advance, especially in cases where the employer may be expected to attempt to conceal a violation, by changing the usual conditions of work, preventing a witness from being present or making it impossible to carry out an inspection. The Committee urges the Government to take the necessary measures, in accordance with Article 12(1)(a) and (b), to empower labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and to enable the conduct of a sufficient number of unannounced inspection visits in practice in the province of Sindh. Noting that the Government has not provided the requested information, the Committee also once again requests the Government to take the necessary measures to ensure that labour inspectors in the province of Punjab are empowered to enter any workplace liable to inspection freely and without previous notice at any hour of the day or night. Further, noting that the Government has not provided the requested statistics, the Committee also once again requests the Government to provide information on the number of inspections conducted without prior notice in the provinces of Sindh and Punjab (compared with the numbers conducted with prior notice), including any violations detected, sanctions applied, and corrective measures taken as a result of inspections conducted without prior notice.

Articles 17 and 18. Effective enforcement. The Committee previously noted the observations made by the PWF that the enforcement activities of the labour inspectorate were trivial. It also noted the trade union’s reference to statistics showing that in Sindh, only 12 penalties were imposed in 2014, although there were 8,572 factories registered in that province. The Committee notes that the Government provides the requested statistical information, in response to the Committee’s request, with regard to the province of Punjab (during the period of 2017–18), on the number of violations detected, the number of violations which resulted in prosecution and the value of fines imposed (10,515 inspections resulting in 16,139 prosecutions and 1,814,530 Pakistan rupees in fines (approximately US$13,571)). The Committee notes with regret, however, that the Government does not provide the requested statistical information in relation to the other provinces. The Committee urges the Government to provide information in relation to each of the provinces on the number of violations detected, the corresponding number of violations which resulted in prosecution, and subsequent convictions, and both the number and average amount level of the fines imposed.

Sufficiently dissuasive penalties. The Committee notes that the Government refers, in reply to the Committee’s request for information on the progress made concerning the adoption of draft legislation providing for increased penalties in Balochistan, to two pieces of draft legislation pending approval by the new cabinet in that province. The Committee also notes from the information provided by the Government that there are no changes to the penalties provided for under the Mines Acts, 1923 in the provinces. However, the Committee notes that one of the recommendations during a meeting of the Chief Inspectors of Mines in June 2018 in the framework of the ILO project on Strengthening the Labour Inspection System in Pakistan, concerned the updating of the legislative framework governing the mining sector. 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 in the legislation of the province of Balochistan, and to provide information on any changes made to the penalties for labour law violations provided for in the Mines Acts of each of the provinces.

Article 18. Penalties for obstructing labour inspectors in the performance of their duties. The Committee previously noted that during the discussion in the CAS in 2014, several speakers indicated that penalties for the obstruction of labour inspectors in their duties were insufficient. In this respect, the Government previously noted that three provinces (Punjab, Khyber Pakhtunkhwa and Sindh) had revised their respective Factories Acts to increase the fines for obstructing the work of inspectors, and that it was also proposed to increase the relevant penalties in the Factories Act of Balochistan.

The Committee notes the information provided by the Government in response to its request that the increased fines for obstruction in Punjab (20,000 Pakistani Rupee, approximately US$149) have already resulted in fewer instances of obstruction of labour inspectors, and that some instances of obstruction were penalized with fines. The Committee notes the Government’s indication that it is not possible to provide disaggregated information on the obstruction of labour inspectors in Khyber Pakhtunkhwa, and the Committee observes that the Government has not provided any relevant information in relation to the provinces of Sindh and Balochistan. The Committee requests the Government to continue to take measures to ensure that the legislation in the province of Balochistan provides for sufficiently dissuasive sanctions for the obstruction of labour inspectors in their duties. The Committee once again requests the Government to provide detailed information on the applicable penalties concerning cases of obstruction provided for in the Mines Acts in the provinces. Noting that the Government has provided general information in relation to one province, and no information in relation to the other provinces, the Committee also once again requests the Government to make every effort to provide information on cases relating to the obstruction of labour inspectors in their duties in practice, 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 notes that once again no annual report on the work of the labour inspection services has been communicated to the Office. It notes the Government’s indication that the Ministry of Overseas Pakistanis and Human Resources Development is working on the compilation of the annual labour inspection report in coordination with the provinces, and that the report will be submitted once all the information is available. The Committee urges the Government to pursue its efforts to ensure that the central labour inspection authority in each province publishes an annual labour inspection report, pursuant to Article 20, and that these reports are communicated to the ILO, either separately or in a compiled form, pursuant to Article 20(3). It also once again encourages the Government to take the necessary steps to ensure that the annual report(s) contain(s) full information on the subjects set forth in Article 21.

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

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

Articles 2 and 22 of the Convention. Workplaces covered by the labour inspection system. The Committee notes the observations made by the Pakistan Workers’ Federation (PWF) that ambiguities in the jurisdiction and issues relating to the scope of the labour laws, including the Factories Act, the Shops and Establishment Ordinance, and the Bonded Labour Act, result in workers being exempt in practice from protection through labour inspection. The PWF adds that a large number of workplaces are not covered by labour legislation and are therefore exempt from the purview of labour inspection (such as workplaces in agriculture, construction, private health and educational establishments).

The PWF further expresses its view that there should be an occupational safety and health (OSH) law covering all workplaces irrespective of the number of workers employed in them. In that respect, the Committee notes the Government’s indication that the Ministry of Overseas Pakistanis and Human Resources Development has prepared a model OSH Law, and that work is currently being undertaken by the Ministry, with ILO technical assistance, with the provinces for possible adoption and enactment of OSH laws in all provinces. In this respect, the Committee notes that draft OSH laws have already been proposed for the Provinces of Sindh and Balochistan. The Committee requests the Government to provide its comments in relation to the observations made by the PWF concerning the seriously limited scope of labour inspection in legislation and practice. It further requests the Government to provide detailed information on the progress made with the adoption of OSH laws in all provinces and to communicate copies of the relevant legal texts, once adopted.

Articles 3(1)(a) and (b), 5(b) and 9. Labour inspection and occupational safety and health (OSH). 1. Province of Sindh. The Committee previously noted that a Joint Action Plan had been developed in the province of Sindh to address issues of labour inspection and OSH in view of serious accidents, particularly the factory fire in 2012 in Karachi that had resulted in the death of 300 workers. The Committee notes that the Government reiterates that in Sindh, a draft OSH policy has been submitted to the provincial government for approval, and notes that a separate OSH profile for Sindh was prepared with ILO technical assistance, and is available on the website of the ILO. The Committee requests the Government to continue to provide information on the measures taken to improve the situation with regard to OSH in the Province of Sindh, including with regard to the progress made with the adoption of an OSH policy.

2. National OSH and labour inspection profile. The Government also refers to the publication of the national OSH profile in April 2016 covering all provinces, a copy of which is attached to the Government’s report and reiterates its previous statement that a labour inspection profile is under preparation with ILO technical assistance, which will be communicated once finalized. The Committee requests the Government to provide information on the progress made with the adoption of the national profile on labour inspection.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector in Balochistan. The Committee previously noted the indication of the International Trade Union Confederation (ITUC) concerning a high number of deaths and injuries in the coal mines operating in the province of Balochistan and it subsequently noted the statistics provided by the Government on the number of inspection visits conducted in the sector. Noting that the Government has not provided a reply to its previous request, the Committee once again asks the Government to provide more detailed statistical information on the labour inspection activities carried out in the area of OSH in the province of Balochistan, in particular in coal mines, including the number of inspections undertaken, the number and nature of violations detected, and the penalties imposed.

Articles 7 and 9. Training of labour inspectors. Specialists and experts associated in the work of labour inspection. The Committee notes the information provided by the Government, in reply to its request for information on the training provided in all provinces, including the information on the training provided in the context of the 2015–18 ILO project “Strengthening of the Labour Inspection System in Pakistan”. In this context, the Committee also notes the observations made by the PWF that there are only two training institutes for labour inspectors (in Punjab and Sindh), and that there is generally a need to engage qualified technical experts and specialists in the area of medicine and OSH. The Committee requests the Government to reply to these comments by the PWF. The Committee also requests the Government to provide details from each provincial department regarding the intensive training provided to all their inspecting staff, including information as to duration, subject matters covered, frequency (for example, annual, one time only) and method for evaluating the effectiveness of the training.

Article 8. Eligibility of men and women for appointment in the inspection staff. The Committee notes the information in the Government’s report, in reply to the Committee’s previous request, that female inspectors comprise approximately 0.05 per cent of labour inspectors in Punjab and 0.02 per cent of inspectors in Sindh. The Government further indicates that there are plans to hire further inspectors in these provinces, and that specific quotas are foreseen for women. Noting that the Government provides information on the number of female inspectors in only two provinces, and that the Government has ratified the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to provide information on the distribution of inspection staff by gender in each province, indicating also the number of women engaged as inspectors in mines.

Article 11. Financial and material means, including transport facilities. The Committee previously noted the Government’s statement that, with respect to the provinces of Punjab, Sindh and Balochistan, transport facilities were not available to most inspectors. The Committee notes that the Government indicates, in reply to the Committee’s request, that not all inspectors have access to official vehicles, but that travel expenses incurred by labour inspectors in the performance of duties are reimbursed. In this context, the Committee also notes the observations made by the PWF that that budgetary allocations for labour inspection functions are minimal, and that there is a lack of inspection equipment and transport facilities. The Committee requests the Government to reply to the comments by the PWF. The Committee also requests the Government to provide specific information for each province on any guidance issued as to what travel is “necessary for the performance of inspectors’ duties”; on the rate established and/or amount allocated for travel allowances; and on the total amount spent on travel allowances each year.

Article 14. Notification of cases of occupational disease. The Committee previously noted the Government’s indication that due to resource constraints, OSH data was not available on a regular basis, but that the Ministry of Overseas Pakistanis and Human Resource Development planned to publish an annual OSH profile for the country, which would contain statistical information. In this respect, the Committee notes that one of the main findings of the OSH profile transmitted with the Government’s report relates to the non-availability of reliable data on occupational accidents and diseases.

In reply to the Committee’s request to provide information on the manner in which the labour inspectorate is notified of cases of occupational disease, the Government refers to the responsibility for identifying, reporting and collection of data on occupational diseases of the Workmen Compensation offices in each district, certifying surgeons, and hospitals working for the social security institutions. The Committee requests the Government to clarify whether the abovementioned bodies and persons are required to notify labour inspectors of cases of occupational disease. Noting the findings in the OSH profile on the non-availability of reliable statistics on occupational accidents and diseases, the Committee requests the Government to provide information on any measures taken or envisaged to improve the system for their notification.

Articles 20 and 21. Publication of an annual inspection report. The Committee notes that once again no annual report on the work of the labour inspection services has been communicated to the Office. In this respect, the Committee notes the Government’s explanations that reports on the subjects listed in Article 21 are not compiled at the national level. However, the Government indicates that the Ministry of Overseas Pakistanis and Human Resources Development plans to discuss this issue in the upcoming Federal Tripartite Consultative Committee (FTCC) and expresses the hope that that Committee will come up with a solution how to annually compile and publish a detailed inspection report concerning all provinces, and submit it to the ILO. In this context, the Committee also notes the observations made by the PWF that a large number of factories and establishments are not registered, and that no progress has been made with the measures announced back in 2006 to establish a computerized register of enterprises. The PWF adds that in its view, such a register should be set up at the provincial level and linked to the federal level. The Committee requests the Government to pursue its efforts to ensure that the central labour inspection authority in each province publishes an annual labour inspection report, pursuant to Article 20, and that these reports are communicated to the ILO, either separately or in compiled form, pursuant to Article 20(3). The Committee encourages the Government to take the necessary steps to ensure that the annual report(s) contain(s) full information on the subjects set forth in Article 21, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and statistics of occupational diseases (Article 21(g)). The Committee requests the Government to provide information on any progress made in this respect, as well as any difficulties encountered.

[The Government is asked to reply in full to the present comments in 2018.]

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

The Committee notes the observations of the Pakistan Workers’ Federation (PWF), received in 2016, reiterating in detail its previous concerns that there is no effective labour inspection system in the country.

Articles 4 and 5(b) of the Convention. Supervision by a central labour inspection authority and determination of inspection priorities in collaboration with the social partners. The Committee previously noted the Government’s indication that the lack of coordination between the labour departments in the provinces remained a significant challenge. In this respect, it noted the envisaged institutionalization of tripartite committees in the provinces to oversee labour inspection activities.

The Committee welcomes the Government’s indication, in reply to its previous request, that the provincial labour departments are now working as central authorities and that coordination is currently undertaken through bimonthly meetings of the Federal Tripartite Consultative Committee (FTCC), and that priorities for labour inspection are determined in the quarterly meetings of the Provincial Tripartite Consultative Committees (PTCC). The Committee also welcomes the Government’s information that the provincial governments have been provided with material on the subject of labour inspection and explanations on the information to be provided under the Convention. In this context, the Committee notes that one of the recommendations in the 2016 national OSH profile published by the Ministry of Overseas Pakistanis and Human Resources Development and attached to the Government’s report concerns the creation of independent labour inspection authorities (separate from the labour departments) at the provincial levels with sufficient human and financial resources. Noting the detailed minutes of the tripartite meetings of the FTCC and the PTCCs already transmitted with the Government’s report under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee requests the Government to continue to provide information on the labour inspection issues discussed in the FTCC and the PTCCs, and the impact of these meetings on improved coordination and cooperation in the undertaking of labour inspection, under the supervision and control of a central authority. The Committee also requests the Government to provide information on whether any follow-up has been given to the recommendation in the OSH profile to provide for the creation of independent labour inspection authorities at the provincial levels.

Articles 10 and 16. Coverage of workplaces by labour inspections. Private auditing firms. Human resources of the labour inspection services. The Committee previously noted that during the discussion in the Conference Committee on the Application of Standards (CAS) in 2014, some speakers expressed concern with regard to the carrying out of third-party inspections by private auditing firms and the inadequate number of labour inspectors in the context of the 2012 factory fire in the Sindh province that resulted in the death of 300 workers. In this respect, the Committee noted in its previous comment the Government’s statement that the outsourcing of responsibilities towards those firms had to change and that there were plans to regulate them. The Committee notes the Government’s indication in its report that the Pakistan National Accreditation Council (PNAC) is responsible for accrediting private auditing firms, that it has accredited seven firms so far (primarily firms specializing in compliance with OSH, but also other labour issues), and that compliance assessments may for example be carried out through gap analyses against labour standards, as well as by engaging in consultations with NGOs and trade unions, on the situation in certain workplaces.

While the Committee had noted in 2016 an increase in the number of labour inspectors in three provinces, it notes with concern from the 2016 OSH profile submitted by the Government, that there continues to be a serious shortage of labour inspectors in relation to the number of workplaces liable to inspection. According to the OSH profile, the number of inspectors (labour inspectors and mine inspectors) appears to be lower in each province than indicated in the Government’s 2014 report. In this context, the Committee also notes the observations made by the PWF that the number of labour inspectors and the number of labour inspections are insufficient to achieve sufficient coverage of workplaces by labour inspection. The Committee would like to emphasize that while private auditing may contribute to addressing compliance gaps, such initiatives may only be complementary to, but not replace, public labour inspection. The Committee urges the Government to pursue its efforts to increase the number of labour inspectors, to provide information on the concrete measures taken in this respect, and to continue to provide information on the number of labour inspectors in each province. The Committee requests the Government to provide information on whether enterprises that have been subject to compliance assessments by private auditing firms continue to be liable to labour inspection in law and practice. It further requests the Government to indicate how the PNAC supervises private auditing firms, how independent compliance assessments by these firms are guaranteed, and where applicable, how the Government promotes cooperation between the labour inspection services and the private auditing firms.

Article 12(1). Free access of labour inspectors to workplaces. The Committee previously noted with concern the Government’s indication that since 2001, under administrative order, a letter is issued by the Chief Inspector of Factories (Director of Labour) to a factory prior to an inspection in the province of Sindh, which contains the date and time of the visit. The Committee notes that the Government indicates that the system of prior notices was introduced to respond to the concern of employers to curb the multiplicity of inspections. The Government further indicates that the PTCC in Sindh has established a subcommittee to make recommendations on bringing the inspection regime in line with the provisions of the Convention and, at the same time, allay the concerns of employers. In this context, the Committee also notes the observations made by the PWF that labour inspections have practically been discontinued in the province of Sindh and that 2.3 million workers in that province suffer from occupational accidents every year. Having previously noted the Government’s indication that labour inspectors do not generally face hindrances while carrying out inspections in the province of Punjab, the Committee also notes from the OSH profile transmitted by the Government, that restrictions in the form of prior notice appear to continue to be a problem in some areas in Punjab. The Committee once again requests the Government to take the necessary measures, in accordance with Article 12(1)(a) and (b), to remove the restriction in the province of Sindh in the form of the requirement of prior notice concerning inspection visits. It requests the Government to provide information on the concrete measures taken to discontinue this practice. Noting the information in the OSH profile that there appear to continue to exist issues with regard to restrictions of labour inspectors in Punjab, the Committee also requests the Government to take the necessary measures to ensure that labour inspectors in the province of Punjab are empowered to enter any workplace liable to inspection freely and without previous notice at any hour of the day or night. The Committee requests the Government to provide information on the number of inspections conducted without prior notice in each of these two provinces, including any violations detected, sanctions assessed, and corrective measures taken as a result of said inspections.

Articles 17 and 18. Effective enforcement and sufficiently dissuasive penalties. The Committee notes that the Government refers, in reply to the Committee’s request to provide for adequate penalties for labour law violations in the Provinces of Sindh and Balochistan, to the increased amount of penalties in some labour laws in Sindh, including in the Sindh Factories Act, 2015 (in which fines have been increased to a maximum of 75,000 Pakistani rupees (PKR), that is, approximately US$706 and which also provides for penalties of imprisonment with regard to certain violations). The Government also indicates that draft legislation currently before the provincial parliament in Balochistan provides for an increased level of penalties.

The Committee notes that the Government has not provided the requested statistical information on the number of violations detected, the number of violations which resulted in prosecution and the subsequent number and level of fines imposed. In this context, the Committee also notes the observations made by the PWF, according to which statistics published by the Ministry of Overseas Pakistanis and Human Resources Development show that in Sindh, only 12 penalties were imposed in 2014, although there are 8,572 factories registered in that province. The Committee also notes the observations made by the PWF that the enforcement activities of the labour inspectorate are trivial, in that no significant actions are taken concerning attempts to bribe labour inspectors, and the refusal to comply with the legal obligations to pay for medical treatment or provide financial compensation to workers who have suffered occupational accidents. The Committee requests the Government to provide information on the progress made with the increase of fines and other penalties in the legislation of the Province of Balochistan, and to provide information on the penalties for labour law violations provided for in the Mines Acts of the provinces. The Committee further requests the Government to provide its comments in relation to the observations made by the PWF including information on measures taken or envisaged to promote transparency in law enforcement, and once again requests the Government to provide information in relation to each of the provinces on the number of violations detected, the corresponding number of violations which resulted in prosecution, and the number and level of fines imposed.

Article 18. Penalties for obstructing labour inspectors in the performance of their duties. The Committee previously noted that during the CAS discussion in 2014, several speakers indicated that penalties for the obstruction of labour inspectors in their duties were insufficient. In this respect, it noted the Government’s indication that two provinces (Punjab and Khyber Pakhtunkhwa) had revised their respective Factories Acts to establish a fine of PKR20,000 (approximately US$195) for obstructing the work of an inspector, and that draft Factories Acts had been prepared in this respect in the provinces of Sindh and Balochistan. The Committee also noted that under the Mines Act, 1923, a person who obstructs an inspection in a mine may be liable for imprisonment for up to three months and a fine of up to PKR1,000 (approximately US$10).

The Committee takes due note of the Government’s indication that the penalties for obstruction of labour inspectors in their duties in the Factories Act of Sindh have been raised (to up to PKR10,000 (approximately US$95)). The Government adds that it is proposed to also increase the penalties for obstruction in the Factories Act of Balochistan (to penalties amounting up to PKR60,000 (approximately US$570)) or imprisonment of up to one month. The Committee notes that the Government has not provided the requested information on the application of the legislative provisions relating to the obstruction of labour inspectors in practice and the measures taken in this respect. In this context, the Committee also notes the observations made by the PWF that no significant actions are taken concerning the exerting of influence to restrict or ban inspections. Noting the legislative measures already taken, the Committee urges the Government to continue to take measures to ensure that legislation is adopted that provides for sufficiently dissuasive sanctions for the obstruction of labour inspectors in their duties with respect to premises covered by the Factories Act in Balochistan. The Committee requests the Government to provide information on the applicable penalties provided for in the Mines Acts in the provinces. The Committee also once again requests the Government to provide information on cases relating to the obstruction of labour inspectors in their duties in practice, disaggregated by province, including not only the number of prosecutions undertaken, but also their outcome 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.

[The Government is asked to reply in full to the present comments in 2018.]

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

Articles 3(1)(a) and (b), 17 and 18 of the Convention. Effective enforcement and sufficiently dissuasive penalties. With reference to its previous comments, the Committee notes the Government’s statement in its report that the level of penalties has been raised from meager to reasonable in the provinces of Punjab and Khyber Pakhtunkhwa, through amendments to the provincial Factories Acts. The Government provides information on the number of prosecutions lodged for violations of labour laws in each province, and the amount of fines imposed. This indicates that the average fine per violation in Khyber Pakhtunkhwa and Punjab is 6 and ten times higher than in the province of Sindh. The Committee recalls that, pursuant to Article 17, laws and regulation shall provide for adequate penalties for violations of the legal provisions enforceable by labour inspectors. Noting the steps already taken in Punjab and Khyber Pakhtunkhwa, the Committee requests the Government to provide information on measures taken or envisaged to increase the applicable fines and other penalties in legislation in the provinces of Sindh and Balochistan. It also requests the Government to continue to provide information on the number of violations detected, as well on the number of such violations which result in prosecution and the subsequent number and level of fines imposed.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and occupational safety and health (OSH) in the mining sector in the province of Balochistan. The Committee previously noted the ITUC’s indication concerning a high number of deaths and injuries in the coalmines operating in the province of Balochistan. However, it subsequently noted that the provincial government of Balochistan had amended the Mines Act to enhance the penalties, as previous fines had been too low to act as a deterrent.

The Committee notes the information provided by the Government that 900 mines inspection visits were conducted in 2014, and violations related to OSH and working conditions were detected. The Committee requests the Government to provide further statistical information on the labour inspection activities carried out in the area of OSH in the province of Balochistan, in particular in the coalmines, including not only the number of inspections undertaken but also the number and nature of violations detected, and the specific penalties imposed.

Articles 7(3) and 10. Training for labour inspectors and human resources. The Committee previously noted the indication of the ITUC, as well as several speakers during the discussion of the Conference Committee on the Application of Standards on the application of the Convention in 2014 that labour inspectorates were provided with inadequate human resources and that labour inspectors received insufficient training.

The Committee notes the information provided in the Government’s report on the number of staff of the labour inspection services in each province, and observes that the number of labour inspectors has risen significantly in the provinces of Sindh, Punjab and Balochistan since the Government last provided information in 2014. It also notes the information provided by the Government concerning training provided to labour inspectors in the province of Sindh and, with respect to Punjab, the training modules provided and the impact of those trainings. The Government indicates that with respect to Khyber Pakhtunkhwa and Balochistan, there are no pre-job or on-the-job training facilities, but sensitization and training sessions are arranged for inspectors on specific issues. The Committee requests the Government to pursue its efforts to increase the number of labour inspectors in the provinces to ensure that there is a sufficient number so as to secure the effective discharge of the duties of the inspectorate. In this regard, the Committee requests the Government to provide further information on the induction training provided to new labour inspectors in each province, including the subjects covered, the number of participants and the duration of the training.

Article 8. Eligibility of both men and women for appointment in the inspection staff. The Committee previously noted the Government’s statement that only men are eligible for appointment as an inspector in mines because section 23(c)(1) of the Mines Act provides that no female can be employed in any part of a mine that is underground.

The Committee notes the Government’s statement, in its report, that as section 23(c)(1) of the Mines Act refers only to employment, it does not restrict the recruitment of female inspectors for conducting inspections in underground mines. Noting that the Government only provides information on the number of female labour inspectors for one province, the Committee requests the Government to provide information on the distribution of inspection staff by gender in each province, indicating the number of women engaged as inspectors in mines.

Articles 11(1)(b) and (2). Means of transport. The Committee notes the Government’s statement that, with respect to the provinces of Punjab, Sindh and Balochistan, transport facilities are not available to most inspectors. With respect to the province of Khyber Pakhtunkhwa, the Government indicates that five inspectors have official vehicles and 22 have access to bikes. The Committee requests the Government to provide information on the measures it is taking to ensure that labour inspectors have access to transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist, and to ensure that labour inspectors are reimbursed for any travel expenses incurred for travel necessary for the performance of their duties.

Article 14. Notification of cases of occupational disease. The Committee notes the Government’s indication that due to resource constraints, OSH data is not available on a regular basis. In order to address this, the Ministry of Overseas Pakistanis and Human Resource Development has planned to publish an annual OSH profile for the country, which will contain statistical information. The Committee requests the Government to provide information on the manner in which the labour inspectorate is notified of cases of occupational disease.

Articles 20 and 21. Publication of an annual inspection report. The Committee notes the statistical information provided by the Government with its report, concerning the number of labour inspectors in each province, the number of inspections undertaken, the number of violations detected, the amount of fines imposed and the number of occupational accidents. While welcoming this information, the Committee reminds the Government that the obligation under Article 20 of the Convention refers not only to the transmission of information to the ILO, but to the publication of an annual labour inspection report. The Committee requests the Government to pursue its efforts to ensure that the central labour authority publishes an annual labour inspection report, pursuant to Article 20. It encourages the Government to take the necessary steps to ensure that the report contains full information on the subjects set forth in Article 21, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and statistics of occupational diseases (Article 21(g)).

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

The Committee notes the observations of Pakistan Workers’ Federation (PWF), received 4 September 2015. The Committee requests the Government to reply to these comments.

Articles 4 and 5(b) of the Convention. Supervision by a central labour inspection authority and determination of inspection priorities in collaboration with the social partners. The Committee previously noted the Government’s indication that the Ministry of Overseas Pakistanis and Human Resources Development was responsible for the coordination and supervision of labour legislation in the provinces. It noted that, during the discussion on the application of the Convention in 2014, several speakers at the Conference Committee on the Application of Standards (CAS) raised significant concerns regarding the lack of coordination between the provinces. The Committee subsequently noted the Government’s reply that a lack of coordination between labour departments and other stakeholders remained a challenge in the implementation of the Convention.

The Committee notes the Government’s statement in its report that the provincial governments are working towards a reformed labour inspection system through a tripartite mechanism where district tripartite committees will act as institutions overseeing labour inspection. The Government also reiterates that a national occupational safety and health (OSH) profile will be published in 2016, and that a labour inspection profile is under preparation with technical assistance from the ILO. The Committee urges the Government to take concrete steps to ensure coordination and cooperation in the undertaking of labour inspection, under the supervision and control of a central authority. The Committee once again requests the Government to provide information on the coordination mechanisms established in this regard. The Committee further requests that the Government provide information on the outcome of the national labour inspection profile, as well as other steps taken for the determination of the priorities of labour inspection, and to specify the role of the social partners in this process.

Articles 3(1)(a)–(b), 5(b) and 9. Labour inspection activities in the area of OSH, including in industrial undertakings, in the province of Sindh. The Committee previously noted that a joint action plan had been developed in the province of Sindh to address issues of labour inspection and OSH in view of serious accidents, particularly the factory fire in September 2012 that had resulted in the death of 300 workers. In that regard, it noted the concern expressed by some speakers during the discussion of the CAS in 2014 concerning the carrying out of third-party inspections by private auditing firms.

The Committee notes the Government’s information that a Sindh OSH policy was prepared in January 2015 and submitted to the provincial government. The Government states that currently, no regulatory regime exists for the monitoring of private auditing firms. It indicates that the outsourcing of responsibilities towards auditing firms has to change, and that there is a disturbing abdication of responsibilities on the part of the Government and of companies. In this regard, the Government states that it plans to regulate the working of these organizations so that such auditing increases workers’ welfare. The Committee requests the Government to continue to take measures to implement the Joint Action Plan in Sindh, with a view to strengthening labour inspection of OSH, including through the adoption of an OSH policy. The Committee also requests the Government to provide information on the steps it is taking with respect to the supervision of private auditing firms in the country, and information on the operation and activities of these firms including the scope of their activities, the number of such firms and the number of enterprises covered by their certification.

Article 18. Penalties for obstructing labour inspectors in the performance of their duties. The Committee previously noted that during the CAS discussion in 2014, several speakers indicated that penalties for the obstruction of labour inspectors in their duties were insufficent. It noted that with respect to factories, the provinces of Punjab and Khyber Pakhtunkhwa had established a fine of 20,000 Pakistani rupees (PKR) (approximately US$195) for obstructing the work of an inspector. With respect to mining, under the Mines Act, 1923, a person who obstructs an inspection in a mine may be liable for imprisonment for up to three months and a fine of up to PKR1,000 (approximately US$10).

The Committee once again notes the Government’s statement that the provinces of Sindh and Balochistan have prepared drafts to increase the penalties for this offence in factories. It notes the Government’s indication that in Khyber Pakhtunkhwa, 148 cases of obstruction of a labour inspector have been prosecuted, with 23 resulting in the application of penalties. In the province of Punjab, only one case resulted in prosecution, and no such cases were prosecuted in Sindh. The Committee requests the Government to take the necessary measures to ensure that legislation is adopted in each province providing for sufficiently dissuasive sanctions for the obstruction of labour inspectors in their duties in all sectors including mining, in conformity with Article 18 of the Convention. The Committee requests the Government to provide further information on cases relating to the obstruction of labour inspectors, disaggregated by province, including not only the number of prosecutions undertaken, but also their outcome and the specific penalties applied (including the amount of fines imposed).

Article 12(1). Free access of labour inspectors to workplaces. The Committee notes the Government’s statement that in the province of Punjab, labour inspectors do not generally face hindrances while carrying out inspections, and that in Khyber Pakhtunkhwa, labour inspectors are empowered to enter freely and without previous notice any workplace liable to inspection. The Committee notes with concern the information in the Government’s report indicating that since 2001, under administrative order, a letter is issued by the Chief Inspector of Factories (Director Labour Sindh) to a factory prior to an inspection in Sindh, which contains the date and time of the visit. The Committee accordingly requests the Government to take the necessary measures to remove the restriction in the province of Sindh on the undertaking of labour inspections without prior notice, in accordance with Article 12(1)(a) of the Convention. It also requests the Government to provide further information on the measures that are being taken in the province of Punjab to ensure that labour inspectors are empowered to enter any workplace liable to inspection freely and without previous notice at any hour of the day or night.

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

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

Referring to its observation, the Committee wishes to raise the following additional points.

Article 8 of the Convention. Eligibility of both men and women for appointment in the inspection staff. The Committee notes the Government’s statement in its report that both men and women are eligible for appointment as labour inspectors. However, only men are eligible for appointment to inspection staff in mines, as section 23(c)(1) of the Mines Act states that no female can be employed in any part of a mine that is underground. The Committee recalls that, pursuant to Article 8 of the Convention, both men and women shall be eligible for appointment to the inspection staff. It accordingly requests the Government to take measures to ensure that both women and men are eligible for appointment as inspectors in all sectors.

Articles 14 and 21(g). Occupational diseases. The Committee notes that the Government’s report does not contain any information on the number of occupational diseases detected in the four provinces. The Committee requests the Government to provide information on the manner in which the labour inspectorate is notified of cases of occupational disease. It also requests the Government to take measures to ensure the collection and publication of statistical information on occupational diseases, in conformity with Article 21(g) of the Convention.

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

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

Follow-up to the discussion in the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes that, for the second year in a row, a discussion took place in the Conference Committee on the Application of Standards (CAS) concerning the application of the Convention by Pakistan. The Committee notes that the CAS discussion in 2014 concerned the effectiveness of labour inspections following the devolution of competence over labour matters to the provinces in 2008; the human resources and material means of the labour inspectorate; labour inspection and occupational safety and health (OSH), particularly in view of a fire in a garment factory in Karachi in 2012, in which nearly 300 workers lost their lives; restrictive policies for inspections; the status of the publication and communication to the ILO of annual inspection reports; and the broader issue of coordination.

Articles 4 and 5(b) of the Convention. Supervision and control by a central labour inspection authority and determination of inspection priorities in collaboration with the social partners. The Committee previously noted the conclusions adopted by the CAS in 2013 which emphasized the importance of an effective system of labour inspection in all provinces as well as the need to agree on the priorities of labour inspection and to adopt a strategic and flexible approach in consultation with the social partners. It noted in this regard the Government’s indication that the Ministry of Overseas Pakistanis and Human Resources Development (MOPHRD) was responsible for the coordination and supervision of labour legislation in the provinces and that the coordination mechanism at the federal level includes a coordination committee and a technical committee.

The Committee notes the written information provided by the Government to the CAS in 2014 that a new mechanism for coordination between the federal Government and the provinces was now in place, which would contribute towards resolving institutional problems. During the discussion in the CAS, the Government indicated that it had convened a round of detailed consultations with the four provincial governments to raise their awareness concerning the importance of the enforcement of international labour standards. The Committee also notes that several speakers during the discussion in the CAS raised significant concerns regarding the lack of coordination between the provinces. Moreover, several speakers emphasized the importance of an effective system of labour inspection in all provinces and agreement at the central level and between the social partners as to the priorities for labour inspection. It was also highlighted during the discussion that measures should be taken to ensure that all four provinces adopted and implemented legislation on labour inspection.

The Committee notes the Government’s statement in its report that a lack of coordination between labour departments and other stakeholders remains a challenge in the implementation of the Convention. The Government indicates that the provincial governments are taking measures to respond to new challenges, and that the labour inspection system is being revitalized. The Committee also notes from the information available to the Office that a national study to develop a labour inspection and OSH profile is being developed with ILO assistance, which will provide a background for future activities on strengthening labour inspection in the country. The Committee urges the Government to take concrete steps to ensure coordination and cooperation in the undertaking of labour inspection, under the supervision and control of a central authority. In this regard, the Committee requests that the Government provide further information on the coordination mechanism established, including the mandate, composition and activities of the coordination committee and the technical committee. It further asks the Government to provide information on the outcome of the national labour inspection profile, as well as other measures taken for the determination of the priorities of labour inspection, and to specify the role of the social partners in this process.

Articles 3(1)(a) and (b), 17, 18, 20 and 21. Effective enforcement and sufficiently dissuasive penalties. The Committee previously noted the indication of the International Trade Union Confederation (ITUC) concerning insufficient penalties for violations of the labour legislation. It also noted the Government’s indication that labour inspectors were instructed to focus on persuasion, guidance and warning, and that prosecutions are only initiated as a last resort.

The Committee notes that several speakers, during the discussion in the CAS, expressed concern regarding the lack of dissuasive penalties for violations of labour laws. Several speakers indicated that the effectiveness of a preventative approach had not been evaluated.

The Committee notes the information provided by the Government concerning the amount of fines imposed for violations in the provinces of Khyber Pakhtunkhwa, Punjab and Balochistan, as well as the number of warnings issued and prosecutions undertaken in the province of Punjab. The Government indicates that the objectives of inspections are not to prosecute or punish, but to ensure security at the workplace through the implementation of laws and regulations with a focus on prevention and improvement. The Government indicates that it is committed to transitioning from the traditional approach of inspection towards a more modern approach based on objectivity. The Committee recalls that the provision of advice and information by labour inspectors (pursuant to Article 3(1)(b)) can encourage compliance with legal provisions, but that this should be accompanied by an enforcement mechanism enabling those guilty of violations to be penalized. The functions of enforcement and advice are inseparable in practice, and inspectors should have the discretion to give warnings and advice, and to institute or recommend proceedings (see paragraphs 279 and 282 of the 2006 General Survey on labour inspection). The Committee requests the Government to continue to provide information on the number of violations detected, as well on the number of such violations which resulted in prosecution and the imposition of penalties. The Committee further asks the Government to provide information on any measures taken or envisaged to increase the fines and other penalties in legislation within the framework of the ongoing legislative reform in the provinces.

Article 18. Penalties for obstructing labour inspectors in the performance of their duties. The Committee previously noted the ITUC’s indication that employers often refuse labour inspectors access to company records, and though labour inspectors can apply to the courts for access to these records, the relevant proceedings can take several months and lead only to insignificant fines.

The Committee notes that several speakers, during the discussion in the CAS, indicated that there were not sufficient penalties for the obstruction of labour inspectors in their duties.

The Committee notes the Government’s indication that, with respect to factories, obstructing the work of an inspector is punishable with a fine of 20,000 Pakistani rupees (PKR) (approximately US$195), in the provinces of Punjab and Khyber Pakhtunkhwa, and that the other provinces are revising the applicable fines in this regard. With respect to mining, under the Mines Act, 1923, a person who obstructs an inspection in a mine may be liable for imprisonment for up to three months and a fine of up to PKR1,000 (approximately US$10). The Government indicates that there have been 128 cases where the inspecting officer was denied access to records, and 357 cases in which access to a factory was denied by the employer. These instances have been reported to the courts for prosecution. The Committee requests the Government to provide information on cases relating to the obstruction of labour inspectors, disaggregated by province, including the prosecutions undertaken and their outcome and the specific penalties applied (in particular in relation to the abovementioned cases). It also requests the Government to take the necessary measures to ensure that legislation is adopted in each province providing for sufficiently dissuasive sanctions for the obstruction of labour inspectors in their duties in all sectors, in conformity with Article 18. It requests the Government to provide information on measures taken in this regard.

Articles 3(1)(a)–(b), 5(b), 9 and 13. Labour inspection activities in the area of OSH, including in industrial undertakings in the province of Sindh. The Committee previously noted that a joint action plan had been developed in the province of Sindh to address issues of labour inspection and OSH in view of the serious accidents that have taken place in the country, in particular the factory fire in Karachi, Sindh, in September 2012 that had resulted in the death of 300 workers. The Committee also noted the indications by the ITUC that the province of Sindh had no functioning labour inspection system, that there were no regular inspections of industrial workplaces and that measures to eliminate or minimize workplace hazards are completely absent; since employers are aware of this, they know that they will not be held accountable for their failures in this regard. The ITUC also indicated that the factory in which there was the fire had previously received a deeply flawed certificate by a private auditing firm attesting compliance with international standards, among others, in the area of OSH.

The Committee notes the information provided by the Government to the CAS outlining the main features of the joint action plan, adopted following tripartite consultation, in the province in Sindh, which included the adoption and periodical review of a labour inspection policy; the organization of thematic training courses for all labour inspectors; and the development and adoption of a recruitment system in the Labour Department of Sindh that ensures staff recruitment, staff retention and career growth of OSH staff. The Committee also notes that several speakers, during the CAS discussion, indicated that such measures were commendable, but that information on both the funding and the implementation of these measures was lacking. Concern was also expressed with regard to the factory fire in Karachi and, in particular, the carrying out of third-party inspections by private auditing firms.

The Committee notes the Government’s statement that directions have been issued to provincial governments to take appropriate measures to supervise private auditing firms, and that it has requested information from the provinces regarding the certification process for these firms. The Government also states that the province of Sindh has formed an effective inspection team to check compliance of health and safety standards by factory owners, and that a new survey of factories in the province to assess health and safety has been conducted. Pursuant to the recommendations of the joint action plan, the Government of Sindh is in the process of developing an OSH policy, in consultation with the tripartite constituents, and new legislation is also under review.

The Committee requests the Government to continue to take measures to implement the joint action plan in Sindh, with a view to improving labour inspection as well as the level of compliance with OSH. It requests information on the impact of these measures, including the outcome of the survey of factories and the development of an OSH policy. It also asks the Government to provide information on any similar plans adopted in the other three provinces as well as information on the funding provided for such initiatives. It also asks the Government to provide detailed information on the labour inspection activities in the area of OSH, in particular in the province of Sindh (number of inspection visits, violations reported, legal provisions concerned, types of sanctions imposed and measures adopted with immediate executory force in the event of an imminent danger to the health or safety of workers), as well as on the number of industrial accidents and cases of occupational diseases reported. The Committee further requests the Government to provide information on the supervision of private auditing firms in the country, as well as information on the operation and activities of these firms including the scope of their activities, the number of such firms and the number of enterprises covered by their certification.

Articles 3(1)(a)–(b), 13, 17, 18, 20 and 21. Labour inspection and OSH in the mining sector in the province of Balochistan. The Committee previously noted the ITUC’s indication concerning a high number of deaths and injuries in the coal mines operating in the province of Balochistan. The ITUC indicated that workers engaged in this sector worked with little protective equipment and that mine owners took very few safety precautions.

The Committee notes the Government’s statement that there are ten inspecting officers in the province of Balochistan to conduct inspections related to the Mines Act. Each inspector conducts ten inspections in mines per month, including routine and surprise visits. The Government also indicates that in 2011, the provincial government of Balochistan amended the Mines Act to enhance the penalties, as previous fines had been too low to act as a deterrent. The Committee requests that the Government provide further statistical information on the labour inspection activities carried out in the area of OSH in the province of Balochistan, in particular in the coal mines operating in this province, including the number of mines inspected, the number of violations detected, and the penalties applied.

Articles 7, 10 and 11. Human resources and material means of the labour inspectorate and training of labour inspectors. The Committee previously noted that the CAS, in its conclusions adopted in 2013, emphasized the importance of providing adequate human resources and material means and appropriate training to labour inspectors. It also noted the indications of the ITUC that there was a critical shortage of labour inspectors in the country and that these inspectors received only rudimentary training. The ITUC also stated that inspectors are usually required to use their own vehicles to carry out inspections and are rarely reimbursed for their travelling expenses.

The Committee notes that during the CAS discussion in 2014, several speakers indicated that there was a lack of human resources and material means for labour inspectors, stating that inspectors were under-equipped and received insufficient training. Moreover, several speakers raised concerns with regard to funding, indicating that there was a lack of coordination between the provinces and the federal Government to ensure sufficient funding for labour inspection.

The Committee notes the Government’s statement that resource constraints continue to curtail the capacity of the federal and provincial governments to apply the Convention. However, the Government indicates that motorbikes have been provided to labour inspectors at the district and local levels for inspection purposes and that allocations have been made in the annual budget for the payment of travel allowances and daily allowances for lodging expenses. The Government indicates that availability of transport facilities remains a challenge for mining inspectors, which are often located in remote areas with limited public transportation. The Committee also notes that the provincial Department of Labour in Sindh organized, with ILO support, a training course for all 120 of the province’s labour inspectors in 2014. Moreover, the provincial government of Punjab has developed, with ILO assistance, a training manual and toolkit on labour inspection, and a series of training courses for labour inspectors in all four provinces on using this toolkit has been rolled out. Noting the efforts made to provide means of transportation for inspections, the Committee requests the Government to take the necessary measures to ensure that sufficient human resources and material means are allocated to the labour inspection services to secure the effective discharge of their duties, and to ensure coordination between the provincial and federal governments in this regard. It requests that the Government provide up-to-date information on the number of labour inspectors in each province and details of the material means available to the labour inspection services in each province, such as office facilities and means of transport for inspection. The Committee further asks the Government to provide detailed information on the training provided to labour inspectors in each province, including the subjects covered, the number of participants and the duration of the training, and to evaluate the impact of such training.

Article 12(1). Restrictive policies for labour inspection. The Committee previously noted the ITUC’s observations that while the long-standing restrictive policy barring labour inspectors from entering factory premises had been overturned in the Punjab Province, inspectors were still required to provide prior notice to employers concerned well in advance of inspections in the province of Sindh. However, the Government indicated that labour inspections are not banned in any province and that regular inspections had been reinstated in the province of Punjab.

The Committee notes the Government’s statement before the CAS that there are no legal or administrative impediments to the undertaking of inspections. However, information provided during the CAS discussions also indicated that this was not always the situation in practice. The Committee asks the Government to provide further information on the measures taken in law and practice to ensure that labour inspectors are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, so that labour inspectors can perform their duties in all provinces of the country, in accordance with the provisions of the Convention.

Articles 20 and 21. Publication of an annual inspection report. The Committee notes the Government’s indication that it has implemented the first phase of the labour inspection computerization system in the Punjab province in 16 districts. Inspectors of factories send online inspection reports, and data is maintained on the number of factories, number of inspections carried out, the violations detected and the penalties imposed. This will facilitate the timely submission of inspection reports. Other provinces are also working in this regard to develop a comprehensive inspection and reporting system. The Government states that the provinces have been asked to prepare an annual report on inspection activities. The Committee also notes the statistical information provided by the Government with its report, concerning the number of labour inspectors in each province and the number of inspections undertaken, as well as certain information concerning the number of enterprises liable to inspection and the workers employed therein, the number of violations detected and the number of occupational accidents. The Committee requests the Government to pursue its efforts to ensure that the central labour authority publishes and communicates to the ILO an annual labour inspection report, pursuant to Article 20. It expresses the firm hope that, due to the ongoing computerization of the labour inspections system, the report will contain full information on the subjects set forth in Article 21(a)–(g), with respect to each province.

Technical assistance. Noting the Government’s indication during the CAS discussion in 2014 with regard to the technical assistance received as well as the further assistance requested, the Committee invites the Government to provide information on any follow-up in this respect.

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

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

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the conclusions of the Conference Committee on the Application of Standards on the application of this Convention, the comments made by the International Trade Union Confederation (ITUC), dated 21 August 2013, and communicated to the Government on 29 August 2013, as well as the Government’s report received by the Office on 30 August 2013 and its various annexes.

The Committee notes the discussion on: (1) the effectiveness of labour inspection and the enforcement of legal provisions in the context of the delegation to the provinces of legislative powers and jurisdiction in the area of labour; (2) labour inspection and occupational safety and health (OSH) in the context of the recent fire in the garment factory in Karachi, in which nearly 300 workers lost their lives; (3) the human and material resources of the labour inspectorate; (4) restrictive policies for labour inspection; and (5) the regular publication and communication to the ILO of annual labour inspection reports.

In its conclusions, the Conference Committee requested the Government to include in its report to the Committee of Experts, due in 2013, complete information on all the issues raised, as well as detailed data in an annual report on the work of the labour inspection services in each province on all the items listed in Article 21 of the Convention, including information on workplaces liable to inspection and the number of workers employed therein, statistics of inspection visits, violations and the penalties imposed, industrial accidents and cases of occupational diseases. It expressed the hope that the steps taken concerning the application of this governance Convention would be reflected in the Government’s next report to the Committee of Experts. The Committee welcomed the request by the Government for technical assistance and hoped that this assistance would enable the Government to effectively apply the Convention.

1. Effectiveness of labour inspection and the enforcement of legal provisions in the context of the delegation to the provinces of legislative powers and jurisdiction in the area of labour. Legislative process in the provinces

The Committee notes the indications by the Government during the discussions that took place in the Conference Committee that through the delegation of powers to the provincial governments, the inspection regime would be strengthened. The Committee further notes the Government’s indications in its report that, following this delegation of legislative powers, the provinces are currently in the process of adopting their own labour laws. In this regard, it notes the copies of various legislative texts provided by the Government adopted by the provinces of Punjab and Khyber Pakhtunkha in 2012 and 2013. It also notes the observations made by the ITUC, according to which the lack of coordination between the provinces in this process has led to a patchwork of labour laws and regulations that does not meet international labour standards. The trade union further emphasizes the need for laws and regulations on labour inspection to be promulgated immediately, which has not been done in any of the provinces. The Committee asks the Government to keep the Office informed of any further progress made by the provinces in the process of adopting labour laws, in particular in the area of labour inspection and OSH, and to supply copies of these texts once they have been adopted with an indication of the specific provisions that give effect to the Articles of the Convention.

Articles 4 and 5(b). Supervision and control by a central labour inspection authority. Determination of inspection priorities in collaboration with the social partners. The Committee recalls that the conclusions of the Conference Committee emphasized the importance of an effective system of labour inspection in all provinces, the need to agree on the priorities of labour inspection and to adopt a strategic and flexible approach in consultation with the social partners. The Committee recalls in this regard the Government’s indications in its previous report concerning plans to introduce a coordination mechanism at the federal level to replace the national inspection authority that had previously been planned. It notes the Government’s indications that the Ministry of Overseas Pakistanis and Human Resources Development (MOPHRD) is responsible for the coordination and supervision of labour legislation in the provinces and that the coordination mechanism at the federal level includes a coordination committee (composed of the provincial labour secretaries and headed by the Federal Secretary of the MOPHRD) and a technical committee (composed of representatives of the federal Government and the ILO). While the Committee notes the observations made by the ITUC, according to which the 2006 inspection policy adopted by the federal Government is not binding on the provinces, it also notes the Government’s indications that the federal labour inspection policy of 2006 and the labour policy of 2010 provide orientations for the provinces and that many of them have implemented various aspects of these policies, including the rationalization and consolidation of labour laws, the computerization of labour inspection records, etc. The Committee asks the Government to provide information on the measures taken for the determination of the priorities of labour inspection with a view to improving its effectiveness and to making best use of the rare human and material resources available, and to specify the role of the social partners in this process. Please also provide specifications on the implementation measures that have been adopted in the provinces in relation to the subjects and points raised by the Committee previously concerning the 2006 inspection policy and 2010 labour policy documents. In this regard, the Committee also asks the Government to provide further information on the mandate, composition and activities of the coordination committee and the technical committee and copies of any applicable texts.

Articles 3(1)(b), 17, 18, 20 and 21. Effective enforcement of sufficiently dissuasive penalties. The Committee notes the indications by the Government during the discussions that took place in the Conference Committee that through the delegation of powers to the provincial governments, the inspection regime would be strengthened and would enable inspectors to work more efficiently adopting a preventive approach. The Committee also notes the Government’s indications in its report that labour inspectors are instructed to focus on persuasion, guidance and warning and that prosecutions are only initiated as a last resort. The Committee further notes the information provided by the Government and annexed to its report on the number of prosecutions initiated by labour inspectors, the pending cases before the labour courts, decisions rendered and the amount of fines imposed. In this regard, the Committee notes the ITUC’s indications that there are no adequate penalties for violations of labour laws and the obstruction of labour inspectors in their duties, and that the fines that may be imposed for the violation of labour legislation are extremely low and are not such as to deter employers from violating the law. Furthermore, the ITUC alleges that employers often refuse access by labour inspectors to company records, and even though labour inspectors can apply to the courts for access to these records, the relevant proceedings can take several months and only lead to insignificant fines. The Committee reminds the Government, in terms of the 2006 General Survey on labour inspection, paragraphs 279 and 282, that the advice and information provided for in Article 3(1)(b) of the Convention can only encourage compliance with legal provisions but should nonetheless be accompanied by an enforcement mechanism enabling those guilty of violations reported by labour inspectors to be prosecuted. The functions of enforcement and advice are inseparable in practice. Recalling the request by the Conference Committee to provide detailed data in the annual reports on the work of the labour inspection services on all the items listed in Article 21 of the Convention, including on the violations and penalties imposed, the Committee asks the Government to continue to provide relevant information as well as particulars of the classification of such infringements according to the legal provisions to which they relate, and to ensure that this information is included in the annual labour inspection reports. The Committee also asks the Government to indicate the number of instances in which inspectors are refused access to company records by employers and the number of cases initiated in cases of obstruction of labour inspectors and their outcome.

The Committee further asks the Government to provide information on the measures taken or envisaged to increase the fines and penal provisions in the current legislative reforms, and to provide the relevant legal texts once they have been adopted.

2. Labour inspection and OSH in the context of the recent fire in the garment factory in Karachi, in which nearly 300 workers lost their lives

Articles 3(1)(a)–(b), 5(b), 9 and 13. Labour inspection activities in the area of OSH, including in industrial undertakings in the province of Sindh. Supervision of private auditing and certification systems for labour standards by the labour inspection services. The Committee notes that the Government announced measures during the discussions that took place in the Conference Committee to compensate the victims and their families affected by the factory fire in Karachi and to avoid the recurrence of such incidents in the future. In this regard, the Committee also notes the reference made by the Government during these discussions to the signature of a joint statement of commitment in the province of Sindh by the ILO and the social partners for the establishment of a plan of action to address the issues of labour inspection and OSH in view of the serious accidents that have taken place in the country, in particular the factory fire in Karachi in September 2012. The Committee further notes the information provided in the Government’s report that efforts are made at the provincial level to secure compliance of legal provisions in the area of OSH, including the provision of free training and technical services by labour inspectors in workplaces. It further notes the Government’s indications that the labour inspection services at the provincial level are backed up by teams of technical experts providing advisory services and expertise in the areas of industrial hygiene, occupational safety and other technical areas.

The Committee also notes the observations made by the ITUC, according to which the abovementioned factory in Karachi had previously received a deeply flawed certificate by a private auditing firm attesting compliance with international standards, amongst others, in the area of OSH. It further notes the indications by the ITUC that the province of Sindh, in which Karachi is located, has no functioning labour inspection system, that there are no regular inspections of industrial workplaces and that measures to eliminate or minimize workplace hazards are completely absent, since employers are aware that they will not be held accountable for their failure in this regard. The Committee asks the Government to provide information on the progress made in the establishment of the above plan of action to improve labour inspection and the level of compliance with OSH in the province of Sindh, and to communicate a copy to the Office, once it has been adopted, as well as any measures taken for its implementation.

The Committee requests the Government to provide detailed information on the labour inspection activities in the area of OSH, in particular in the province of Sindh (number of inspection visits, violations reported, legal provisions concerned, types of sanctions imposed and measures adopted with immediate executory force in the event of an imminent danger to the health or safety of workers), as well as on the number of industrial accidents and cases of occupational diseases reported.

The Committee further asks the Government to make any comments it deems appropriate in relation to the observations made by the ITUC and to provide detailed information on the manner in which private auditing firms are supervised by the labour inspectorate.

Please also provide information on the number, qualification, status and geographical distribution of the technical experts providing advisory services and expertise in the areas of industrial hygiene, occupational safety and other technical areas, and indicate any collaboration with the social partners to ensure compliance with OSH legislation.

Articles 3(1)(a)–(b), 13, 17, 18, 20 and 21. Labour inspection and OSH in the mining sector in the province of Balochistan. The Committee recalls the Government’s indications during the discussions in the Conference Committee that the delegation of powers to the provincial governments would enable inspectors to work more efficiently. Following up on the discussions on labour inspection and OSH in industrial undertakings in the province of Sindh, the Committee notes that the ITUC also reports a high number of deaths and injuries in the coal mines operating in the province of Balochistan, where workers are reported to work with virtually no protective equipment and where mine owners take very few safety precautions. In this regard, the trade union refers to a series of methane explosions at a coal mine near Quetta leading to the deaths of 43 workers in 2011. Recalling that the Conference Committee requested the Government to include detailed data in the annual reports on the work of the labour inspection services in each province, including on industrial accidents and cases of occupational diseases, the Committee asks the Government to provide separate statistical information on the labour inspection activities carried out in the area of OSH in the province of Balochistan, in particular in the coal mines operating in this province, and to ensure that such information is included in the annual labour inspection reports.

3. Human and material resources of the labour inspectorate

Articles 7, 10 and 11. Human and material resources of the labour inspectorate and training of labour inspectors. The Committee notes that the conclusions of the Conference Committee emphasized the importance of providing adequate human and material resources and appropriate training to labour inspectors.

In this regard, it notes the observation made by the ITUC that there is a critical shortage of labour inspectors in the country. It further notes that, although the Government indicates that transport facilities are limited in number, shared by several inspectors and that there is a possibility for labour inspectors to be reimbursed when using their private vehicles for inspections, the ITUC indicates that, in most cases, inspectors are required to use their own vehicles to carry out inspections and are rarely, if ever, reimbursed for their travelling expenses. The Committee further notes that, while the Government refers to adequate training of labour inspectors, the trade union indicates that labour inspectors only receive very rudimentary training and that little training is provided to develop the capacities required for inspections in specific sectors. The Committee asks the Government to take the necessary measures to ensure that sufficient human and material resources are allocated to the labour inspection services to secure the effective discharge of their duties. It asks the Government to provide up to date information on the number of labour inspectors in each province and details of the material means available to the labour inspection services in each province, such as office facilities and means of transport for inspection. Please also describe the applicable reimbursement rules (travelling allowance per kilometre, procedure to be followed, etc.) and the number of cases in which travel expenses have been reimbursed. The Committee further asks the Government to provide information on the training provided to labour inspectors in each province (subjects covered, number of participants, duration, etc.) during the period covered by the Government’s next report.

4. Restrictive policies for labour inspection

Article 12(1). Restrictive policies for labour inspection. The Committee notes the Government’s assurance during the discussions that took place in the Conference Committee that there are no bans on inspections in any province. In this regard, the Committee notes the ITUC’s observations that, while it is true that the long-standing restrictive policy barring labour inspectors from entering factory premises as a consequence of pressure from the industry lobby and previously referred to by the Pakistan Workers Confederation (PWC) has been overturned in Punjab province, inspectors are still required to provide prior notice to employers concerned well in advance of inspections in the province of Sindh. In this regard, the Committee notes that the Government reiterates in its report that labour inspections are not banned in any province and that regular inspections have been reinstated in the province of Punjab, as explained in the Government’s previous report. The Committee asks the Government to provide any observations it deems appropriate in relation to the comments by the ITUC and, where appropriate, to indicate the measures taken in law and practice to ensure that labour inspectors are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, so that labour inspectors can perform their duties in all provinces of the country in accordance with the provisions of the Convention.

5. Regular publication and communication to the ILO of annual labour inspection reports

Articles 20 and 21. Publication of an annual inspection report. The Committee notes that the conclusions of the Conference Committee emphasized the importance of complete information on all of the subjects covered by Article 21 of the Convention for the evaluation of the extent to which the legal provisions relating to conditions of work and the protection of workers while engaged in their work are being respected in each province. The Committee notes that the report of the province of Sindh, annexed to the Government’s report, contains some information on the number of inspections conducted, the number of prosecutions, pending cases before the labour courts, decisions rendered and the amount of fines imposed for the period from 2011 to 2013. It also notes the statistics on the number of inspections, prosecutions and fines imposed between 2008 and 2012 in the report for the province of Khyber Pakhtunkhwa (relating to child labour, wages, maternity benefit, OSH, etc.) and the statistics on the number of inspections, prosecutions, pending cases before the labour court, decisions rendered and amount of fines imposed for the province of Balochistan. However, the scarce information provided and the absence of information on the number of workplaces covered by labour inspection does not provide a basis for a thorough appreciation of the application of the Convention. While the Committee notes the information that labour inspection documentation is currently being computerized in the province of Punjab, it observes that no information on the activities of the labour inspection services in this province has been provided.

In this regard, it also notes the information provided by the ITUC that the last report on the activities of the labour inspection services relates to 2007, and that there is no central authority to collect the information and establish an annual report for the whole country. The trade union indicates in this regard that the Ministry for Inter Provincial Coordination is supposed to oversee this matter, but has not done so to date. The Committee requests the Government to make every effort to ensure that the central labour authority publishes and communicates to the ILO an annual labour inspection report (Articles 20 and 21 of the Convention), and to indicate the measures taken in this regard. It also requests the Government to provide with its next report statistical information on labour inspection in the provinces and in different sectors, including in export processing zones that is as detailed as possible (industrial and commercial workplaces liable to inspection, number of inspections, infringements detected and the legal provisions to which they relate, etc.) in each of the provinces.

Technical assistance. Recalling that the Conference Committee welcomed the request by the Government for technical assistance and hoped that this assistance would enable the Government to apply the Convention effectively, the Committee invites the Government to provide information on any follow-up in this respect.

[The Government is asked to reply in detail to the present comments in 2014.]

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

The Committee notes the Government’s reply of 12 March 2012 in response to the comments provided by the Pakistan Workers Confederation (PWC), which were received on 21 November 2011.

Articles 1, 2, 3(1)–(2), 6, 7, 9, 10, 11, 12, 16, 17, 20 and 21 of the Convention. Implementation of a new labour inspection policy and revision of labour laws. The Committee notes the information provided by the Government in response to the comments of the PWC on the implementation of a labour inspection policy, which had been developed in the 2006 and 2010 documents on labour inspection policy. In particular the 2006 document envisaged various measures, including the establishment of computerized registries, the implementation of the “one inspector, one enterprise” approach, capacity building for labour inspectors, the increase in preventive measures, the introduction of risk assessment and the recruitment of qualified technical experts. The Government indicates that, following a constitutional amendment, the subject of labour has been delegated to the provincial legislative powers. The Committee notes that the concurrent list of legislative powers in schedule IV of the Constitution, which had displayed labour as a concurrent subject, was declared void, along with the 18th Constitutional Amendment of 2010. The Government further notes in its report that the provinces are about to adopt labour legislation and are drafting new labour laws, in accordance with their own local requirements, including in the field of occupational safety and health (OSH) and the rationalization of their labour laws in the context of the ILO Decent Work Country Programme (DWCP). It adds that the provinces are consequently responsible for the adoption or implementation of all measures in connection with the 2006 and 2010 documents on labour inspection policy. Furthermore, under the terms of the 18th Constitutional Amendment, there will be a coordination mechanism at the federal level, replacing the national inspection authority that had previously been planned.

The Committee would be grateful if the Government could clarify the extent to which the provinces, following the Constitutional Amendments of 2010, are still subject to legally binding guidance given at the federal level in the field of labour, including on labour inspection, and the extent to which competence in the field of labour in this respect will remain at the federal level.

The Committee asks the Government to specify the implementation measures that have been taken at provincial level with regard to the subjects and points raised by the Committee previously in relation to the 2006 and 2010 labour inspection policy documents and if so to specify those measures.

It would be grateful if the Government could provide copies of any labour laws adopted in the provinces and indicate any other legal texts which, in accordance with Parts I and II of the report form, implement the provisions of the Convention at the provincial level. It finally requests the Government to provide information on the mandate and operation of the coordination mechanism at the federal level, and any institutional arrangements envisaged and/or created in this respect.

The Committee notes with interest the information provided by the Government in response to the longstanding concerns raised by the PWC in relation to the cession of labour law enforcement in the provinces of Punjab and Sindh. The PWC alleged that their labour inspection system became inoperative following the adoption of restrictive policies in these provinces, under which labour inspection visits required prior permission by the employer concerned, and that inspections had been abandoned in favour of an exclusively voluntary self-declaration mechanism. The All Pakistan Federation of United Trade Unions also drew attention in previous comments to the restricted inspection policy at the federal level, including the banning of inspection in industry by the previous Government, thus causing an increase in child labour.

The Government explained in its report that inspection had been banned in the industrial units of Punjab under the Punjab Industrial Policy 2003, which had introduced the procedure of self-declaration for employers. However, this procedure did not appear to be achieving the desired results, due to a lack of cooperation from employers. Finally, the Government transmitted to the Office a notification from the Punjabi Government and indicated that the Government of Punjab had withdrawn the Punjab Industrial Policy 2003, thus allowing regular inspections once again. The Government adds that the Government of Punjab organizes seminars, in collaboration with local chambers of commerce, to highlight the benefits of inspection under various labour laws.

The Committee asks the Government to clarify whether the restrictive policy banning labour inspections has also been abandoned in the province of Sindh and/or in other provinces, and if not, to indicate the measures taken at the competent level to bring the labour inspection policy into line with the requirements of the Convention so that labour inspectors can perform their duties in accordance with the provisions of the Convention.

Parts I and II of the report form. Implementation of the Convention at the provincial level. The Committee notes the brief description of the labour inspection system in the provinces of Punjab and Sindh provided in reply to its previous comments. It notes the division of competencies between labour inspectors and labour officers, which may vary according to the undertaking liable to inspection, and the indications concerning the hierarchy of labour inspection staff.

Noting that the Amendment to the Constitution may result in changes in the organization and legal framework applicable to the labour inspection system in the provinces, the Committee expresses its wish to receive more information, in accordance with Parts I and II of the report form, including, but not limited, to:

• -the organizational structure (if possible with an organizational chart) and administrative arrangements; the central authority at the provincial level competent for labour inspection in each province;
• -the legislative framework for labour inspection at the provincial level, including any laws on labour inspection, concerning the status, powers and obligations of labour inspectors in each province;
• -statistics on the number of labour inspection staff per office in each province; and
• -the material means available, such as office facilities, means of transport, for inspections and applicable reimbursement rules.

Articles 20 and 21. Publication of an annual inspection report. The Committee recalls its longstanding comments in which it emphasized the need to publish an annual inspection report. It recalls in this respect that the regular communication of the annual report to the Office enables the ILO supervisory bodies to assess the performance and difficulties that arise in establishing and implementing the labour inspection system, and to support the Government’s efforts to meet the objectives laid down in the ILO’s instruments. It also recalls that the annual report provides the social partners, and public and private bodies concerned, with the opportunity to better understand the work and objectives of the labour inspectorate, as well as the problems it faces, and to contribute their views on how it could be improved (General Survey on labour inspection, 2006, paragraphs 331 and 332). In its previous comments, it also requested information on the extent to which tools for the registration and processing of the relevant data (e.g. enterprise registries) were implemented. The Government indicates in this respect that the Chief Inspectors of Factories in the provinces maintain a register of enterprises, and that provincial Governments are advised to publish inspection reports annually. In addition, it provides statistics on factory inspection, the warnings issued and the number of prosecutions by district. The Committee asks the Government to take the necessary steps to ensure that annual inspection reports are published by each province containing detailed and up-to-date information on the subjects covered by Article 21.

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

The Committee takes note of the comments made by the Pakistan Workers’ Confederation in a communication dated 21 November 2011. The Committee requests the Government to make any comment it deems appropriate in this regard.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Labour inspection policy and revision of labour law legislation. According to the report sent by the Government in 2008, a new occupational safety and health bill, based on the approach in the 2006 document on labour inspection policy (LIP 2006) by the Ministry of Labour, Manpower and Overseas Pakistanis (MLMOP), was in the course of being drafted and was expected to be adopted by the end of 2010.

The LIP 2006 document foresees various measures such as the establishment of a central labour inspection authority; the establishment of a computerized register of enterprises; the improvement of material means allocated to labour inspectorates; the establishment of integrative inspections also referred to as “one inspector, one enterprise”; the strengthening of training of labour inspectors; the increase of preventive measures; the recruitment of qualified technical experts and specialists; the increase of protection for workers in the informal economy which constitute 80 per cent of the workforce of the country and which are not covered by labour legislation; the risk assessment of enterprises and workplaces among other things through self-declaration or self-reporting by enterprises and the involvement of private actors in inspection.

According to a 2010 document on labour policy (LP 2010) published on the website of the MLMOP, it is envisaged to revise and consolidate labour legislation, to establish a tripartite council on occupational safety and health (OSH) and tripartite monitoring committees at district, province and federal levels to monitor implementation of labour laws, particularly in the area of payment of wages, working environment and working time.

In relation to labour inspection policy, the Committee notes that, according to the APFTU, “The previous Government has imposed a ban on the inspection of industries by the Labour Department, Social Security Department and Old Age benefits officers, not allowing them to inspect any industrial workplaces or departments.” The trade union adds that: “Accordingly, the Government has given open hand to employers to do whatever they want. Due to this, the previous Government has also given permission to employers to get labour from children and child labour has therefore increased in Pakistan.”

The Committee would be grateful if the Government would communicate any up-to-date documentation on national labour inspection policy and report on any steps taken to implement it.

Please provide information on any developments as regards the adoption of new labour law legislation and, if applicable, communicate a copy of any text thereof. Please also provide information on the intended establishment of the tripartite OSH council and the tripartite monitoring committees mentioned in the LP 2010 document and, if applicable, provide information on their activities and their impact on the operation and outcomes of labour inspection and provide a copy of any relevant document.

The Committee also requests the Government to make any comment deemed relevant on the issue raised by the APFTU.

Article 4 of the Convention. Supervision and control within the labour inspection system. The Government referred in its 2008 report to a review of inspection procedures at the provincial level, focusing particularly on the provincial government of Punjab. It further indicated that inspection visits continue to be under the control of provincial authorities. It indicates in its last report that it is envisaged to establish a national labour inspectorate as the central inspection authority to serve as the focal point for the nation’s inspection activities. The Committee also notes in this regard that the PWF, like other trade unions in the past, regrets once more the persisting absence of a system for supervising application of the legislation in the provinces of Sindh and Punjab. The Committee would be grateful if the Government would provide the ILO with information on any steps taken following the abovementioned review of the inspection procedures in the provinces of the country.

Please provide detailed information on the structure and organization of the labour inspection system in Punjab and Sindh and on its functioning in practice and, if applicable, a copy of any relevant legal provisions.

Please also provide information as regards the establishment of a national inspection authority and, if applicable, a copy of any relevant legal provisions.

The Committee would be grateful if the Government would also make any comment deemed relevant on the points raised by the PWF.

Articles 20 and 21. Publication of annual inspection reports. The Committee recalls that the last annual report has been communicated to the ILO in 1995. It would like to come back to the information contained in the 2006 LIP document which indicates the intention to eventually establish a computerized register of enterprises, by various means such as the conduct of awareness-raising campaigns concerning the registration of workplaces and enterprises, the adoption of penalties for the non-registration with the provincial labour inspectorates, the use of existing data (e.g. information available by tax authorities) and the intended collaboration with trade unions and employers’ organizations to this end. The Committee has underlined, in its 2009 general observation, the essential character of the availability of statistics on industrial and commercial workplaces liable to inspection and the number of workers employed therein (Article 10(a)(i) and (ii) and Article 21(c)) and the usefulness of the availability of this data for the determination of the budgetary needs for the determination of the appropriate number of labour inspectors, the necessary material resources for the discharge of their functions (Articles 10, 11 and 16) or the provision of training (Article 7). The Committee asks the Government to endeavour to implement the abovementioned measures and, if applicable, additional measures with a view to establish a register of enterprises. It further asks the Government to take the necessary steps to ensure that an annual report on the matters set out in Article 21 of the Convention is published and sent to the ILO. The Committee would like to draw the Government’s attention to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), which may serve as a basis for the disaggregation of the information required as well as to the possibility of ILO technical assistance for the establishment of annual inspection reports.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes the Government’s report for the period covering June 2009 to May 2010 received at the ILO on 8 June 2010 which basically contains the same information as the Government’s report sent to the ILO in 2007. The Committee equally notes the information contained in the report sent to the ILO by the Government in November 2008, as well as the observations made by the All Pakistan Federation of Trade Unions (APFTU) received on 16 March 2010 and the observations made by the Pakistan Workers Federation (PWF) received on 30 July 2010.

The Committee is well aware of the difficult situation the country is facing, due to the devastating impact of the recent flood. However, it would be grateful if the Government would provide information on the following points.

Labour inspection policy and revision of labour law legislation. According to the report sent by the Government in 2008, a new occupational safety and health bill, based on the approach in the 2006 document on labour inspection policy (LIP 2006) by the Ministry of Labour, Manpower and Overseas Pakistanis (MLMOP), was in the course of being drafted and was expected to be adopted by the end of 2010.

The LIP 2006 document foresees various measures such as the establishment of a central labour inspection authority; the establishment of a computerized register of enterprises; the improvement of material means allocated to labour inspectorates; the establishment of integrative inspections also referred to as “one inspector, one enterprise”; the strengthening of training of labour inspectors; the increase of preventive measures; the recruitment of qualified technical experts and specialists; the increase of protection for workers in the informal economy which constitute 80 per cent of the workforce of the country and which are not covered by labour legislation; the risk assessment of enterprises and workplaces among other things through self-declaration or self-reporting by enterprises and the involvement of private actors in inspection.

According to a 2010 document on labour policy (LP 2010) published on the website of the MLMOP, it is envisaged to revise and consolidate labour legislation, to establish a tripartite council on occupational safety and health (OSH) and tripartite monitoring committees at district, province and federal levels to monitor implementation of labour laws, particularly in the area of payment of wages, working environment and working time.

In relation to labour inspection policy, the Committee notes that, according to the APFTU, “The previous Government has imposed a ban on the inspection of industries by the Labour Department, Social Security Department and Old Age benefits officers, not allowing them to inspect any industrial workplaces or departments.” The trade union adds that: “Accordingly, the Government has given open hand to employers to do whatever they want. Due to this, the previous Government has also given permission to employers to get labour from children and child labour has therefore increased in Pakistan.”

The Committee would be grateful if the Government would communicate any up-to-date documentation on national labour inspection policy and report on any steps taken to implement it.

Please provide information on any developments as regards the adoption of new labour law legislation and, if applicable, communicate a copy of any text thereof. Please also provide information on the intended establishment of the tripartite OSH council and the tripartite monitoring committees mentioned in the LP 2010 document and, if applicable, provide information on their activities and their impact on the operation and outcomes of labour inspection and provide a copy of any relevant document.

The Committee also requests the Government to make any comment deemed relevant on the issue raised by the APFTU.

Article 4 of the Convention. Supervision and control within the labour inspection system. The Government referred in its 2008 report to a review of inspection procedures at the provincial level, focusing particularly on the provincial government of Punjab. It further indicated that inspection visits continue to be under the control of provincial authorities. It indicates in its last report that it is envisaged to establish a national labour inspectorate as the central inspection authority to serve as the focal point for the nation’s inspection activities. The Committee also notes in this regard that the PWF, like other trade unions in the past, regrets once more the persisting absence of a system for supervising application of the legislation in the provinces of Sindh and Punjab. The Committee would be grateful if the Government would provide the ILO with information on any steps taken following the abovementioned review of the inspection procedures in the provinces of the country.

Please provide detailed information on the structure and organization of the labour inspection system in Punjab and Sindh and on its functioning in practice and, if applicable, a copy of any relevant legal provisions.

Please also provide information as regards the establishment of a national inspection authority and, if applicable, a copy of any relevant legal provisions.

The Committee would be grateful if the Government would also make any comment deemed relevant on the points raised by the PWF.

Articles 20 and 21. Publication of annual inspection reports. The Committee recalls that the last annual report has been communicated to the ILO in 1995. It would like to come back to the information contained in the 2006 LIP document which indicates the intention to eventually establish a computerized register of enterprises, by various means such as the conduct of awareness-raising campaigns concerning the registration of workplaces and enterprises, the adoption of penalties for the non-registration with the provincial labour inspectorates, the use of existing data (e.g. information available by tax authorities) and the intended collaboration with trade unions and employers’ organizations to this end. The Committee has underlined, in its 2009 general observation, the essential character of the availability of statistics on industrial and commercial workplaces liable to inspection and the number of workers employed therein (Article 10(a)(i) and (ii) and Article 21(c)) and the usefulness of the availability of this data for the determination of the budgetary needs for the determination of the appropriate number of labour inspectors, the necessary material resources for the discharge of their functions (Articles 10, 11 and 16) or the provision of training (Article 7). The Committee asks the Government to endeavour to implement the abovementioned measures and, if applicable, additional measures with a view to establish a register of enterprises. It further asks the Government to take the necessary steps to ensure that an annual report on the matters set out in Article 21 of the Convention is published and sent to the ILO. The Committee would like to draw the Government’s attention to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), which may serve as a basis for the disaggregation of the information required as well as to the possibility of ILO technical assistance for the establishment of annual inspection reports.

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

The Committee notes that the Government’s report has not been received. While noting the brief information received by the ILO on 1 November 2008, it is bound to repeat its previous observation, which read as follows:

The Committee notes that the Government’s report, received on 8 November 2007, contains no information responding to its previous observation or to the matters raised by the Pakistan Workers Federation (PWF) in its communications of 25 November 2006 and 2 May 2007, forwarded by the Office to the Government on 1 March 2007 and 19 June 2007, respectively.

According to the abovementioned organization, the Government of the two largest provinces of the country, namely Sindh and Punjab, have no system for supervising application of the legislation. On the contrary, they apply a policy prohibiting the inspection of an industry for one year following its establishment, thus endangering the workers in the event of breach of the occupational safety and health prescriptions applying to high-risk activities, although the State has prime responsibility for applying these prescriptions. In its communication received in May 2007, the above organization states that although the Government is required by Articles 11, 12 and 38 of the Constitution to abolish child, bonded and forced labour and to ensure, in accordance with Convention No. 81, safe working conditions by establishing independent labour inspection machinery, in the two abovementioned provinces, inspectors may not enter a workplace without prior permission from the employer or prior service of notice on the employer. This has made the labour laws redundant and allowed the employers to exploit the workers. Citing a draft labour inspection policy developed by the Government to restore independent labour inspection machinery in order to enforce fundamental rights of workers in letter and in spirit, the abovementioned organization requests that they be enforced by statutory laws.

The Committee notes in this connection that in March 2006, the Ministry of Labour, Manpower and Overseas Pakistanis published a document on labour inspection policy setting out new approaches to inspection. It also notes that a tripartite workshop organized jointly with the ILO on “Revitalizing Labour Inspections System in Punjab” was held on 22 and 23 August 2007 at Lahore. In the course of the workshop, various issues were addressed including the Government’s labour inspection policy and the implementation of the ILO/IPEC project. The Committee hopes that the Government will not fail to provide the information it requested in its observation of 2005 and to inform the ILO of its position on each of the points raised by the Pakistan Workers Federation, so that the Committee can examine them together with the report. The Government is also asked to specify how it gives effect in law and in practice, including in the area of child labour, to the new approach to labour inspection, the main objectives of which are, according to the Government’s representative in his speech to the workshop:

–      flexible, transparent, fair and innovative approaches to labour inspection;

–      extension of inspection activities in both formal and informal sectors;

–      involvement of private sector in provision of labour inspection services;

–      compliance with labour policies and laws;

–      increased harmony and cooperation between workers and managers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report, received on 8 November 2007, contains no information responding to its previous observation or to the matters raised by the Pakistan Workers Federation (PWF) in its communications of 25 November 2006 and 2 May 2007, forwarded by the Office to the Government on 1 March 2007 and 19 June 2007, respectively.

According to the abovementioned organization, the Government of the two largest provinces of the country, namely Sindh and Punjab, have no system for supervising application of the legislation. On the contrary, they apply a policy prohibiting the inspection of an industry for one year following its establishment, thus endangering the workers in the event of breach of the occupational safety and health prescriptions applying to high-risk activities, although the State has prime responsibility for applying these prescriptions. In its communication received in May 2007, the above organization states that although the Government is required by Articles 11, 12 and 38 of the Constitution to abolish child, bonded and forced labour and to ensure, in accordance with Convention No. 81, safe working conditions by establishing independent labour inspection machinery, in the two abovementioned provinces, inspectors may not enter a workplace without prior permission from the employer or prior service of notice on the employer. This has made the labour laws redundant and allowed the employers to exploit the workers. Citing a draft labour inspection policy developed by the Government to restore independent labour inspection machinery in order to enforce fundamental rights of workers in letter and in spirit, the abovementioned organization requests that they be enforced by statutory laws.

The Committee notes in this connection that in March 2006, the Ministry of Labour, Manpower and Overseas Pakistanis published a document on labour inspection policy setting out new approaches to inspection. It also notes with interest that a tripartite workshop organized jointly with the ILO on “Revitalizing Labour Inspections System in Punjab” was held on 22 and 23 August 2007 at Lahore. In the course of the workshop, various issues were addressed including the Government’s labour inspection policy and the implementation of the ILO/IPEC project. The Committee hopes that the Government will not fail to provide the information it requested in its observation of 2005 and to inform the ILO of its position on each of the points raised by the Pakistan Workers Federation, so that the Committee can examine them together with the report. The Government is also asked to specify how it gives effect in law and in practice, including in the area of child labour, to the new approach to labour inspection, the main objectives of which are, according to the Government’s representative in his speech to the workshop:

–           flexible, transparent, fair and innovative approaches to labour inspection;

–           extension of inspection activities in both formal and informal sectors;

–           involvement of private sector in provision of labour inspection services;

–           compliance with labour policies and laws;

–           increased harmony and cooperation between workers and managers.

The Committee hopes that the Government will do its utmost to take the necessary steps in the very near future.

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

The Committee notes the brief report received in January 2005 and the elements of a reply to its previous observation provided in September 2005. The Committee also notes a communication from the All Pakistan Federation of Trade Unions (APFTU), a copy of which was forwarded by the Government.

1. Supervision and control by a central authority. The Committee notes that the APFTU alleges a general failure to apply the Convention in the two largest provinces in the country, namely Punjab and Sind, through the failure of the provincial governments to fulfil their constitutional and legal obligations. The Committee notes in this respect the Government’s statement that labour inspection is placed under the control of the provincial authorities, which themselves answer to the federal authorities. The Committee requests the Government to specify the effect given in relation to the provinces of Punjab and Sind to the provisions of Article 4 of the Convention, which provides that labour inspection shall be placed under the supervision and control of a central authority.

2. Labour inspection policy. The Committee notes that the Government is in the process of formulating a labour protection and labour inspection policy with the assistance of the Asian Development Bank. It notes that a tripartite task force has been appointed for this purpose and that the policy will be aimed at reorganizing and streamlining labour inspection services in the provinces. The Committee requests the Government to continue providing information on the projects undertaken and the progress achieved in this field, with an indication of the manner in which they contribute to strengthening the application of the Convention.

3. Publication of an annual report. The Committee notes the Government’s assurances that an annual report on labour inspection should soon be published once again and transmitted to the ILO. Recalling that the last annual report received by the ILO covered the year 1995, the Committee hopes that the Government will be in a position in the near future to publish and transmit, within the time limits prescribed, an annual report established in accordance with Article 20, and that the report will contain all the information required by Article 21 of the Convention.

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

The Committee once again notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

Legislative amendments. With reference to its previous comments on the observations made in 1994 by All Pakistan Federation of Trade Unions of Pakistan (APFTU) especially with regard to the urgent need for a revision of a few laws which were no longer relevant, the Committee notes with interest the information contained in a presidential press release dated 30 April 2001, by virtue of which the amendment of a few legislative texts were adopted. The amendments were made to the following Acts: Occupational Accidents Act of 1923; Payment of Wages Act of 1936; Mines Maternity Benefits Act of 1941; Employees Social Security Ordinance of 1965; The Companies Profits Workers Participation Act of 1968; Workers Welfare Fund Ordinance of 1971; and Employees Old-Age Benefits Act of 1976. Recalling the Federation’s (APFTU) view that it was equally urgent to review the Factories Act of 1934, the Committee would be grateful if the Government would transmit to the ILO copies of the new texts as well as information on the revision of the Factories Act.

Noting further that a new set of amendments is envisaged, the aim of which is to restructure labour legislation; strengthen the labour judiciary; review the minimum salary; and extend the coverage of labour legislation to agriculture, and other activities of the informal sector, the Committee would be grateful if the Government could continue to provide information on any developments in this field, and to communicate to the ILO a copy of any relevant text.

With reference to its previous comments, and based on the information contained in the aforementioned press release respecting the new legislative provisions, and on the Payment of Wages Act, which indicate that salaried workers whose salary is less than 3,000 rupees are entitled to seek remedy in a court of law to be paid delayed salaries and to dispute unauthorized salary deductions, the Committee would be grateful if the Government would provide precise information on the application of this law vis-à-vis workers employed in the brick kiln industry and undertakings whose workers are maintained in numbers lower than the threshold level specified in the Factories Act.

Labour inspection and inspection of child labour. Articles 7, 16, 17 and 18 of the Convention. The Committee notes with interest the measures taken to reinforce labour inspection so as to combat child labour efficiently, in collaboration with the International Programme on the Elimination of Child Labour (IPEC). It notes in particular the objectives, the national policy strategy, as well as the plan of action on the intensive training of labour officers, especially labour inspectors. The aim of such a measure is to strengthen the monitoring mechanism in the application of the law through adequate logistical means provided to the competent authorities, and the formulation of monthly reports on the level of application of the legal provisions on child labour. It notes that the Task Force set up to evaluate the situation of child labour has solicited views on the directions of work in each province, with respect to the different elements which could be part of a strategy to combat child labour, and that the provincial governments had set in place training programmes on labour inspectors focusing on government policy and legislation on child labour as well as a robust programme of the labour inspection services in this field. The Committee notes with interest the institutionalization of compulsory primary schooling by the governments of the Punjab, and the North West Frontier Province (NWFP).

Noting that the above national policy and action plan are carried out in collaboration with the social partners, and in cooperation with the various ministerial departments concerned with the problem of child labour and that they involve the undertaking of a number of analytical studies on specific sectors of activity, but equally divided by region, in view of the mobility of working children, the Committee would be grateful if the Government would provide information on the results of the above work, and the measures which have been taken or are envisaged to follow up on the recommendations which transpired. In this regard, the Committee notes that the study on child labour in the carpet industry should have been completed in September 2001.

With reference to its previous observations, the Committee would be grateful if the Government would supply precise information on the role played by labour jurisdictions in combating child labour, and to transmit to the ILO the conclusions which have been so far reached as a result of the adoption of the new measures.

Publication of the annual inspection report and its communication. Noting that the ILO has not received any annual report since the last report covering the year of 1995, the Committee hopes that the Government will ensure that the central inspection authority fulfil its obligation as specified under the Convention, which consists in publishing within the time lines established in Article 20 of the Convention an annual inspection report containing information on each of the subjects enumerated under Article 21. The Committee requests the Government to also ensure that statistics on child labour be regularly included in the annual inspection report.

The Committee hopes that the Government will make every effort to rapidly take the necessary measures.

Furthermore, the Committee notes the communication of the All Pakistan Federation of Trade Unions (APFTU) of 9 July 2003 which emphasizes the need to develop training services not only for labour inspectors but also for workers and points out the possible risks involved in the recent transfer of the functions of labour inspection to the local authorities. This observation was forwarded to the Government in September 2003 so that it may provide the information it may wish to submit in reply for examination by the Committee. It would be grateful if the Government would do so in due course.

The Committee hopes that the Government will make every effort to take the necessary measures in the very near future.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to reiterate its previous observation which was made in the following terms:

Legislative amendments. With reference to its previous comments on the observations made in 1994 by All Pakistan Federation of Trade Unions of Pakistan (APFTU) especially with regard to the urgent need for a revision of a few laws which were no longer relevant, the Committee notes with interest the information contained in a presidential press release dated 30 April 2001, by virtue of which the amendment of a few legislative texts were adopted. The amendments were made to the following Acts: Occupational Accidents Act of 1923; Payment of Wages Act of 1936; Mines Maternity Benefits Act of 1941; Employees Social Security Ordinance of 1965; The Companies Profits Workers Participation Act of 1968; Workers Welfare Fund Ordinance of 1971; and Employees Old-Age Benefits Act of 1976. Recalling the Federation’s (APFTU) view that it was equally urgent to review the Factories Act of 1934, the Committee would be grateful if the Government would transmit to the ILO copies of the new texts as well as information on the revision of the Factories Act.

Noting further that a new set of amendments is envisaged, the aim of which is to restructure labour legislation; strengthen the labour judiciary; review the minimum salary; and extend the coverage of labour legislation to agriculture, and other activities of the informal sector, the Committee would be grateful if the Government could continue to provide information on any developments in this field, and to communicate to the ILO a copy of any relevant text.

With reference to its previous comments, and based on the information contained in the aforementioned press release respecting the new legislative provisions, and on the Payment of Wages Act, which indicate that salaried workers whose salary is less than 3,000 rupees are entitled to seek remedy in a court of law to be paid delayed salaries and to dispute unauthorized salary deductions, the Committee would be grateful if the Government would provide precise information on the application of this law vis-à-vis workers employed in the brick kiln industry and undertakings whose workers are maintained in numbers lower than the threshold level specified in the Factories Act.

Labour inspection and inspection of child labour. Articles 7, 16, 17 and 18 of the Convention. The Committee notes with interest the measures taken to reinforce labour inspection so as to combat child labour efficiently, in collaboration with the International Programme on the Elimination of Child Labour (IPEC). It notes in particular the objectives, the national policy strategy, as well as the plan of action on the intensive training of labour officers, especially labour inspectors. The aim of such a measure is to strengthen the monitoring mechanism in the application of the law through adequate logistical means provided to the competent authorities, and the formulation of monthly reports on the level of application of the legal provisions on child labour. It notes that the Task Force set up to evaluate the situation of child labour has solicited views on the directions of work in each province, with respect to the different elements which could be part of a strategy to combat child labour, and that the provincial governments had set in place training programmes on labour inspectors focusing on government policy and legislation on child labour as well as a robust programme of the labour inspection services in this field. The Committee notes with interest the institutionalization of compulsory primary schooling by the governments of the Punjab, and the North West Frontier Province (NWFP).

Noting that the above national policy and action plan are carried out in collaboration with the social partners, and in cooperation with the various ministerial departments concerned with the problem of child labour and that they involve the undertaking of a number of analytical studies on specific sectors of activity, but equally divided by region, in view of the mobility of working children, the Committee would be grateful if the Government would provide information on the results of the above work, and the measures which have been taken or are envisaged to follow up on the recommendations which transpired. In this regard, the Committee notes that the study on child labour in the carpet industry should have been completed in September 2001.

With reference to its previous observations, the Committee would be grateful if the Government would supply precise information on the role played by labour jurisdictions in combating child labour, and to transmit to the ILO the conclusions which have been so far reached as a result of the adoption of the new measures.

Publication of the annual inspection report and its communication. Noting that the ILO has not received any annual report since the last report covering the year of 1995, the Committee hopes that the Government will ensure that the central inspection authority fulfil its obligation as specified under the Convention, which consists in publishing within the time lines established in Article 20 of the Convention an annual inspection report containing information on each of the subjects enumerated under Article 21. The Committee requests the Government to also ensure that statistics on child labour be regularly included in the annual inspection report.

The Committee hopes that the Government will make every effort to rapidly take the necessary measures.

Furthermore, the Committee notes the communication of the All Pakistan Federation of Trade Unions (APFTU) of 9 July 2003 which emphasizes the need to develop training services not only for labour inspectors but also for workers and points out the possible risks involved in the recent transfer of the functions of labour inspection to the local authorities. This observation was forwarded to the Government in September 2003 so that it may provide the information it may wish to submit in reply for examination by the Committee. It would be grateful if the Government would do so in due course.

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

Legislative amendments. With reference to its previous comments on the observations made in 1994 by All Pakistan Federation of Trade Unions of Pakistan (APFTU) especially with regard to the urgent need for a revision of a few laws which were no longer relevant, the Committee notes with interest the information contained in a presidential press release dated 30 April 2001, by virtue of which the amendment of a few legislative texts were adopted. The amendments were made to the following Acts: Occupational Accidents Act of 1923; Payment of Wages Act of 1936; Mines Maternity Benefits Act of 1941; Employees Social Security Ordinance of 1965; The Companies Profits Workers Participation Act of 1968; Workers Welfare Fund Ordinance of 1971; and Employees Old-Age Benefits Act of 1976. Recalling the Federation’s (APFTU) view that it was equally urgent to review the Factories Act of 1934, the Committee would be grateful if the Government would transmit to the ILO copies of the new texts as well as information on the revision of the Factories Act.

Noting further that a new set of amendments is envisaged, the aim of which is to restructure labour legislation; strengthen the labour judiciary; review the minimum salary; and extend the coverage of labour legislation to agriculture, and other activities of the informal sector, the Committee would be grateful if the Government could continue to provide information on any developments in this field, and to communicate to the ILO a copy of any relevant text.

With reference to its previous comments, and based on the information contained in the aforementioned press release respecting the new legislative provisions, and on the Payment of Wages Act, which indicate that salaried workers whose salary is less than 3,000 rupees are entitled to seek remedy in a court of law to be paid delayed salaries and to dispute unauthorized salary deductions, the Committee would be grateful if the Government would provide precise information on the application of this law vis-à-vis workers employed in the brick kiln industry and undertakings whose workers are maintained in numbers lower than the threshold level specified in the Factories Act.

Labour inspection and inspection of child labour. Articles 7, 16, 17 and 18 of the Convention. The Committee notes with interest the measures taken to reinforce labour inspection so as to combat child labour efficiently, in collaboration with the International Programme on the Elimination of Child Labour (IPEC). It notes in particular the objectives, the national policy strategy, as well as the plan of action on the intensive training of labour officers, especially labour inspectors. The aim of such a measure is to strengthen the monitoring mechanism in the application of the law through adequate logistical means provided to the competent authorities, and the formulation of monthly reports on the level of application of the legal provisions on child labour. It notes that the Task Force set up to evaluate the situation of child labour has solicited views on the directions of work in each province, with respect to the different elements which could be part of a strategy to combat child labour, and that the provincial governments had set in place training programmes on labour inspectors focusing on government policy and legislation on child labour as well as a robust programme of the labour inspection services in this field. The Committee notes with interest the institutionalization of compulsory primary schooling by the governments of the Punjab, and the North West Frontier Province (NWFP).

Noting that the above national policy and action plan are carried out in collaboration with the social partners, and in cooperation with the various ministerial departments concerned with the problem of child labour and that they involve the undertaking of a number of analytical studies on specific sectors of activity, but equally divided by region, in view of the mobility of working children, the Committee would be grateful if the Government would provide information on the results of the above work, and the measures which have been taken or are envisaged to follow up on the recommendations which transpired. In this regard, the Committee notes that the study on child labour in the carpet industry should have been completed in September 2001.

With reference to its previous observations, the Committee would be grateful if the Government would supply precise information on the role played by labour jurisdictions in combating child labour, and to transmit to the ILO the conclusions which have been so far reached as a result of the adoption of the new measures.

Publication of the annual inspection report and its communication. Noting that the ILO has not received any annual report since the last report covering the year of 1995, the Committee hopes that the Government will ensure that the central inspection authority fulfil its obligation as specified under the Convention, which consists in publishing within the time lines established in Article 20 of the Convention an annual inspection report containing information on each of the subjects enumerated under Article 21. The Committee requests the Government to also ensure that statistics on child labour be regularly included in the annual inspection report.

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

The Committee notes the information provided by the Government in its report of May 1995. It also notes the observations made by the All Pakistan Federation of Trade Unions of October and November 1994 on the application of the Convention, and recalls the observations presented by the same trade union in October 1993 as well as by the Pakistan National Federation of Trade Unions in October 1993 and by the All Pakistan Federation of United Trade Unions in January 1994.

1. Articles 3, paragraph 1(a), 17 and 18 of the Convention. The Committee notes that the All Pakistan Federation of United Trade Unions (APFOUTU) has alleged that the Brick kiln workers are being paid less wages than the minimum wages fixed by the Government. It notes that according to the notifications by the Government of Punjab Minimum Wages Board (annexed to the communication by this trade union) a draft recommendation for the fixation of minimum rates of wages of workers in the Brick kiln industry was published in the Punjab Gazette on 11 April 1989. The Committee further notes that the statistics of inspection under the Payment of Wages Act for some sectors contained in the 1990 Annual Consolidated Report of the Working of Labour Laws in Pakistan do not give information regarding inspection and enforcement in the area of activity of the Brick kilns. The only statistics mentioned relating to "bricks and tiles" indicate that 13 factories employed 883 workers in Sindh, two employed 90 workers in Balochistan, and for the whole of Pakistan 15 employed 973 workers. No statistics are given for the province of Punjab.

The Committee hopes that the Government will provide detailed information regarding the enforcement of payment of wages in conformity with minimum wages applicable in the Brick kilns, including on the number of inspections carried out and on workers concerned, on warnings and advice given, proceedings engaged and any penalties imposed.

2. Articles 5(b); 7, paragraph 3; 11. The Committee hopes that the Government will provide information on the following matters in regard of which the All Pakistan Federation of Trade Unions has reiterated its observations: measures taken by the inspection services to collaborate with the representatives of trade unions; steps taken to provide the necessary education and training, as well as modern facilities, to the inspectorate so as to enable it to carry out its functions properly.

3. Articles 3, paragraph 1(c), 12, 13, 14 and 15. Further to its previous comments, the Committee notes that the All Pakistan Federation of Trade Unions stresses again that there is an urgent need to amend the Factories Act, 1934, the West Pakistan Shops and Establishments Ordinance, 1969, the Payment of Wages Act, 1936, and the Road Transport Workers Ordinance, 1961, in the light of these Articles of the Convention, and that the provisions of all labour laws should be applicable to all workers. The Committee recalls in this connection also the observation by the Pakistan National Federation of Trade Unions (PNFTU) that most establishments avoid inspection by maintaining the number of workers below the threshold for application of the law.

The Committee notes the indication in the Government's report that amendments to these laws have been examined by the tripartite task force on labour whose recommendations have been submitted to the Cabinet, which has constituted a Cabinet Committee to further examine the report before approval. The Committee trusts that the necessary amendments will soon be adopted, taking also into consideration the wishes expressed by the trade unions, and that the Government will provide full information on the provisions adopted.

4. Articles 3, paragraph 1(a) and (b), 4, 10, 16, 17 and 18. Further to the previous observations of the All Pakistan Federation of Trade Unions and the Pakistan National Federation of Trade Unions regarding action by provincial governments to ensure the implementation of labour laws on labour inspection, the Committee notes the following information provided by the Government:

- the provincial Department of Sindh has reported that recently the inspection machinery has been strengthened by placing almost all labour officers in Karachi city to undertake inspection under the Factories Act, 1934 and encouraging them to be active. The Committee hopes that the Government will report on the results of this initiative;

- the Government of North West Frontier Province, acting on the proposal of the Labour Directorate and in order to make implementation more effective, has empowered, in accordance with section 35 of the Industrial Relations Ordinance, 1969, all the three full-time labour courts in the province to try the prosecutions lodged by the field staff for violation of different labour laws. Referring also to its comments under point 1 above, the Committee hopes that the Government will provide a copy of the provincial government's notification as well as detailed information on the application of this decision, including on the number of prosecutions lodged, the violations on which they were based and copies of Labour Court decisions.

The Committee further notes the indication provided in the Government's report that the inspection staff faces great difficulty in carrying out inspection in the informal sector due to the lack of response from the employers and employees, but that they will continue to endeavour to implement the relevant laws. The Committee requests the Government to provide information on the laws applicable to inspection in the informal sector, and on information and advice given to employers and workers.

5. Articles 20 and 21. The Committee has taken note of the 1990 Annual Consolidated Report on the Working of Labour Laws in Pakistan. The Committee hopes that in future inspection reports will be published and transmitted to the ILO within the time-limits set out in Article 20 and contain all information listed in Article 21.

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

1. The Committee notes the observations made by the All Pakistan Federation of Trade Unions. In this respect it would be grateful if the Government would provide information on the following matters: measures taken by the inspection services to enforce payment of wages in conformity with the minimum wages fixed by the Government (Article 3, paragraph 1(a), of the Convention) and to collaborate with the representatives of trade unions (Article 5(b)); action of provincial governments to ensure the implementation of labour laws on labour inspection (Article 3, paragraph 1(a), and Article 4); and steps taken by the Government to provide the necessary education and training, as well as modern facilities, to the inspectorate for it to carry out its functions properly (Article 7, paragraph 3, and Article 11).

2. The Committee notes that the Government's report has not been received. It further notes the observations made by the Pakistan National Federation of Trade Unions (PNFTU) that no effort has been made by either federal or provincial governments to improve the labour inspection service and that labour laws are not implemented in particular in the informal (unorganized) sector, which the PNFTU estimates to constitute almost 95 per cent of all workplaces. The Committee trusts the Government will take these additional observations into account in responding to its previous comments which read as follows:

Articles 12, 13, 14 and 15 of the Convention. Further to its previous comments, the Committee notes that the amendments to the Factories Act, 1934, the West Pakistan Shops and Establishments Ordinance, 1969, the Payment of Wages Act, 1936, and the Road Transport Workers Ordinance, 1961, have not yet been adopted to comply with the requirements of the Convention. In this regard the Committee draws the Government's attention to the observations made by the Pakistan National Federation of Trade Unions (PNFTU) that most establishments avoid inspection by maintaining the number of workers they have below the threshold for application of the law and as a result they are only subject to the unamended Ordinance of 1969. The Committee urges the Government to take the necessary measures for the early adoption of the legislation in question and it trusts all details will be provided with the next report.

Articles 10, 16, 20 and 21. Further to its previous comments the Committee notes that statistics on the number of the inspection staff are being collected from the provincial governments and will be included in future reports. The Committee hopes they will be published in the annual report of the central inspection authority as required by Article 21(b). It also hopes the Government will provide its comments on the observation made by the PNFTU that the inspection staff in every province is insufficient and inspection activity practically non-existent. The Committee trusts, in future, inspection reports will be published and transmitted to the ILO within the time-limits set in Article 20 and contain all information listed in Article 21, including statistics on the number of the inspection staff which should be sufficient to ensure that inspectors effectively discharge their duties (Article 10) and that workplaces liable to inspection are inspected as often and as thoroughly as necessary (Article 16).

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Articles 12, 13, 14 and 15 of the Convention. Further to its previous comments, the Committee notes that the amendments to the Factories Act, 1934, the West Pakistan Shops and Establishments Ordinance, 1969, the Payment of Wages Act, 1936, and the Road Transport Workers Ordinance, 1961, have not yet been adopted to comply with the requirements of the Convention. In this regard the Committee draws the Government's attention to the observations made by the Pakistan National Federation of Trade Unions (PNFTU) that most establishments avoid inspection by maintaining the number of workers they have below the threshold for application of the law and as a result they are only subject to the unamended Ordinance of 1969. The Committee urges the Government to take the necessary measures for the early adoption of the legislation in question and it trusts all details will be provided with the next report.

Articles 10, 16, 20 and 21. Further to its previous comments the Committee notes that statistics on the number of the inspection staff are being collected from the provincial governments and will be included in future reports. The Committee hopes they will be published in the annual report of the central inspection authority as required by Article 21(b). It also hopes the Government will provide its comments on the observation made by the PNFTU that the inspection staff in every province is insufficient and inspection activity practically non-existent. The Committee trusts, in future, inspection reports will be published and transmitted to the ILO within the time-limits set in Article 20 and contain all information listed in Article 21, including statistics on the number of the inspection staff which should be sufficient to ensure that inspectors effectively discharge their duties (Article 10) and that workplaces liable to inspection are inspected as often and as thoroughly as necessary (Article 16).

The Committee notes the observations made by the All Pakistan Federation of Trade Unions concerning the enforcement of labour legislation regarding rural workers. However, labour inspection in agriculture is not covered by the present Convention, and Convention No. 129 has not been ratified by Pakistan.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:

Articles 12, 13, 14 and 15, of the Convention. Further to its previous observation, the Committee notes that, with a view to giving effect to the provisions of these Articles of the Convention, the amendments to the Factories Act, 1934, the Shops and Establishments Ordinance, 1969, the Payment of Wages Act, 1936, and the Road Transport Workers Ordinance, 1961, are under active consideration by the Government. The Committee trusts that the legislation in question will be adopted in the near future, and that the Government will indicate the progress achieved in the next report.

Articles 20 and 21. The Committee notes that the consolidated annual report on the working of labour laws for 1987, which was received in December 1991, does not include information on the staff of the labour inspection service (Article 21(b)). It hopes that, in future, inspection reports will be published and transmitted to the ILO within the time-limits set in Article 20 and that they will contain all the information provided for in Article 21.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It is therefore bound to renew its previous observation, which read as follows:

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Articles 12, 13, 14 and 15, of the Convention. Further to its previous observation, the Committee notes that, with a view to giving effect to the provisions of these Articles of the Convention, the amendments to the Factories Act, 1934, the Shops and Establishments Ordinance, 1969, the Payment of Wages Act, 1936, and the Road Transport Workers Ordinance, 1961, are under active consideration by the Government. The Committee trusts that the legislation in question will be adopted in the near future, and that the Government will indicate the progress achieved in the next report.

TEXT

Articles 20 and 21, of the Convention. The Committee notes the consolidated annual reports on the working of labour laws for 1981, 1983 and 1984 and notes that information on the staff of the labour inspection service is not included (point (b) of Article 21). It hopes that, in future, inspection reports will be published and transmitted to the ILO within the time-limits set in Article 20 and that they will contain all the information provided for in Article 21.