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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.