Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 81) sur l'inspection du travail, 1947 - Pakistan (Ratification: 1953)

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.