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

Case No 3289 (Pakistan) - Complaint date: 15-JUN-17 - Follow-up

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

1. 121. The Committee examined this case, in which the complainants denounced military intervention in collective bargaining negotiations, failure by two construction companies to implement a collective bargaining agreement, anti-union dismissal of union members, as well as delays in justice and the Government’s inability to ensure respect for trade union rights, at its June 2018 meeting [see 386th Report, paras 514–530] and on that occasion it formulated the following recommendations:
   • (a) The Committee expects the Government to take the necessary measures to ensure that in the future the military does not directly or indirectly participate in collective bargaining negotiations.
   • (b) While taking due note of the fact that the construction project is at its concluding stage, the Committee expects the Government to take any necessary measures to ensure that for the remainder of the project, the December 2017 agreement concluded between the trade union and the employers is fully implemented and that, should any further negotiations take place at the construction site, the principle of bargaining in good faith will be fully respected by all parties. The Committee requests the Government to keep it informed of any developments in this regard.
   • (c) The Committee requests the Government to take the necessary measures to ensure that the court cases relating to the dismissals of the four trade union leaders are rapidly concluded and effectively implemented by all parties and to provide it with copies of the final decisions. While noting that the construction project is at its concluding stage, the Committee requests the Government to ensure that trade union leaders dismissed unlawfully are reinstated without further delay or, once the project has been finalized and reinstatement is impossible for objective and compelling reasons, paid adequate compensation and any incumbent benefits.
2. 122. In a communication dated 4 February 2020, the Government indicates that the covenants of the agreement of December 2017 have been fully implemented and that the workers concerned are being paid termination benefits, except the four workers who were dismissed by the contractor for reasons of non-punctuality, unsatisfactory performance and inciting others to not follow the company procedure and compromise the safety standards. The Government indicates that their cases are currently pending in courts and that the judicial decisions will be implemented once rendered.
3. 123. The Committee recalls that the allegations in this case involved a consortium of construction companies involved in the construction of a power plant in Pakistan and that according to the complainants, the companies failed to comply with the national labour law and collective agreements and dismissed trade union members. The Committee further recalls that it had previously observed from the information provided by the Government that as a result of its efforts, an agreement was signed between the union and the contractor in December 2017 providing for the payment of terminal benefits to workers and that, since the project has been substantially completed, around 4,000 workers benefited from it. The Committee welcomes the Government’s indication that the agreement of December 2017 has been fully implemented.
4. 124. The Committee recalls that the complainants denounced unlawful dismissals of four active trade union leaders and activists. The Committee observed that applications were filed to court to declare the dismissals unlawful and that these applications were based on the alleged lack of a written termination notice and also referred to trade union activities of the workers. While noting that the construction project was at its concluding stage, the Committee requested the Government to ensure that trade union leaders dismissed unlawfully were reinstated without further delay or, if the project had been finalized and the reinstatement was impossible for objective and compelling reasons, paid adequate compensation and any incumbent benefits. The Committee notes with concern from the information provided by the Government that the cases of the four dismissed workers are still pending. The Committee must once again recall that no person should be prejudiced in employment by reason of legitimate trade union activities and cases of anti-union discrimination should be dealt with promptly and effectively by the competent institutions [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1077]. It once again requests the Government to take the necessary measures to ensure that the court cases relating to the dismissals of the four trade union leaders are rapidly concluded and effectively implemented by all parties and to provide it with copies of the final decisions.