Effect given to the recommendations of the committee and the Governing Body - Report No 392, October 2020

Case No 2902 (Pakistan) - Complaint date: 12-OCT-11 - Follow-up

Effect given to the recommendations of the committee and the Governing Body

1. 114. The Committee last examined this case, which was submitted in October 2011 and which concerns allegations that the management of an electricity enterprise in Karachi refused to implement a tripartite agreement to which it was a party, as well as allegations of violence against protesting workers, dismissals and the filing of criminal charges against trade union office bearers, at its March 2019 meeting [see 388th Report, paras 442–458]. On that occasion, the Committee made the following recommendations [see 388th Report, para. 458]:
   • (a) The Committee requests the Government to step up its efforts in ensuring that the July 2011 tripartite agreement is implemented and, in particular, that workers who had refused the voluntary separation scheme and had not been reassigned are paid adequate compensation, and to engage with the KESC Labour Union in this respect. The Committee requests the Government to inform it of any developments in this regard.
   • (b) The Committee expects the National Industrial Relations Commission to examine the pending claims of anti-union discrimination filed by the KESC Labour Union workers without delay so that, where applicable, adequate remedy can be ordered, and urges the Government once again to continue promoting negotiation between the complainant and the company with a view to solving any pending issues. The Committee requests the Government to inform it of any developments in this regard.
   • (c) Noting the Government's indication that it is pursuing the company to withdraw cases against dismissed workers and compensate them, the Committee requests the Government to expedite its efforts and to keep it informed of all developments in this regard.
2. 115. The Government provides its observations in a communication dated 6 February 2020. It informs that a senior official of the Government conducted an independent inquiry into the allegations levelled by the Karachi Electric Supply Corporation Labour Union (KESC Labour Union) against the company. Pursuant to the recommendations of the inquiry, more than 90 per cent of the retrenched workers have already claimed and received their final settlement amount. Since no vacancy exists in the company where the workers could be hired, the company agreed to pay a large amount of compensation to all the remaining retrenched workers. The management has been doing its best in making final settlement payments and has been assured that requests received from the workers would be processed within a week. As the addresses of many of the workers have changed, the company has taken all possible means to contact them and sought support of all unions to facilitate the process of settlement payment. On two occasions, the management issued reminder letters to the workers inviting them to receive their dues as soon as possible. As a result of this follow-up, a few more workers have taken their voluntary separation scheme (VSS) dues. The management also published a detailed newspaper advertisement listing all 453 outstanding ex-workers, informing them that in line with an agreement with the Ministry of Overseas Pakistanis and Human Resource Development (OPHRD), the company received the Golden Handshake Scheme, as a special case, for them for a period of one month effective end of May 2019. However, according to the management, instead of facilitating the process, the KESC Labour Union circulated letters asking the retrenched workers not to accept, demand or claim their financial dues, contrary to the recommendations of the Committee previously constituted by the Ministry.
3. 116. The Government further indicates that a referendum to determine the collective bargaining agent for the workers at the company was conducted by the National Industrial Relations Commission (NIRC) on 9 December 2019. Seven out of eight unions participated in the referendum and the management extended full cooperation to the NIRC to ensure a smooth and peaceful conduct of the referendum. The KESC Labour Union was declared the collective bargaining agent for the workers employed at the establishment and the Government expressed hope that the management and the union will work in close coordination for the resolution of workers’ issues.
4. 117. The Committee takes note of the information provided by the Government. In particular, it welcomes the Government's indication that following a referendum conducted in December 2019, the KESC Labour Union was declared as the collective bargaining agent for the workers at the establishment. The Committee trusts that this arrangement will facilitate negotiations between the union and the management with a view to resolving any remaining pending matters in this case and will contribute to creating and maintaining harmonious labour relations at the company.
5. 118. With regard to the payment of adequate compensation to the dismissed workers (recommendation (a)), the Committee notes the Government's indication that more than 90 per cent of the retrenched workers have already claimed and received their settlement amount and that, since there is no vacancy at the company where the workers could be hired, the management has made serious effort in reaching out to the remaining workers, including through reminder letters, newspaper advertisement and cooperation with the unions, so as to make the final settlement payments. The Committee also notes that, according to the management, the KESC Labour Union circulated letters asking the retrenched workers not to accept, demand or claim their financial dues, contrary to previously agreed on tripartite recommendations. The Committee understands from the above that despite the company's efforts, around 460 workers have not yet received compensation for their dismissals and requests the Government to continue to actively engage with the parties and to facilitate dialogue between them with a view to ensuring that the dismissed workers who had not been reassigned are paid adequate compensation without delay. The Committee trusts that both parties will engage in this process in good faith and will cooperate to reach a resolution to this longstanding issue.
6. 119. As to the examination by the National Industrial Relations Commission of claims of anti-union discrimination filed by the KESC Labour Union (recommendation (b)), the Committee regrets that the Government does not provide any information on this matter. Recalling once again that respect for the principles of freedom of association clearly requires that workers who consider that they have been prejudiced because of their trade union activities should have access to means of redress which are expeditious, inexpensive and fully impartial [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1142] and given the time that has elapsed since the submission of the claims, the Committee firmly expects that, if this has not yet been done, the NIRC will examine the pending claims without delay so that, where applicable, adequate remedy can be ordered, and requests the Government to keep it informed of any developments in this regard. The Committee trusts that this issue will be resolved without delay and that the Government will take measures to ensure, in the future, access to effective means of redress for alleged prejudice based on trade union membership or activities.
7. 120. Concerning the charges filed by the company against the dismissed workers (recommendation (c)), the Committee recalls from its previous examination of the case that the July 2018 tripartite meeting recommended that both parties negotiate with each other in order to reach an amicable solution and that the Ministry of OPHRD was pursuing the company to withdraw the cases and compensate the dismissed workers. Observing that the Government does not provide any updates in this regard, the Committee requests it to indicate whether any charges are still pending against the dismissed workers and if so, to pursue its efforts in bringing the management and the union together with a view to reaching an amicable solution to this long-standing issue.