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Night Work (Women) Convention (Revised), 1948 (No. 89) - Pakistan (Ratification: 1951)

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

Previous comments: C.1, C.14, C.106 and C. 89

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work (industry)), 14 (weekly rest (industry)), 106 (weekly rest (commerce and office)) and 89 (night work of women) together.

The Committee notes the observations of the Pakistan Mines Workers Federation received on 7 September 2023 on the application of Conventions No. 1 and 14, as well as the observations of the All Pakistan Federation of Trade Unions (APFTU), received on 31 August 2023 on the application of Convention No. 89. The Committee also notes the Government’s reply to the APFTU observations, received on 3 October 2023, according to which the points raised have been addressed in the Government’s report.

Legislative Developments. The Committee notes that following the 18th Constitutional amendment, under which responsibility for labour legislation was transferred to the provinces, a series of provincial legislation has been adopted to give effect to the Conventions. In this respect, the Committee takes note of the Khyber Pakhtunkhwa (KPK) Factories Act 2013, the Sindh Factories Act 2015, the Balochistan Factories Act 2021, the KPK Shops and Establishment Act 2015, the Sindh Shops and Commercial Establishment 2015, the Balochistan Shops and Establishments Act 2021, as well as the KPK Mines Safety Inspection and Regulation Act 2019. In its report, the Government indicates that a process of consolidating labour laws is currently taking place, with technical support provided by the ILO to some provinces. The Committee request the Government to continue to provide information on legislative developments.

Hours of work

Article 4 of Convention No. 1. Variable distribution of working hours. The Committee notes that all provisions of provincial legislation that provide for averaging in continuous processes are in accordance with Article 4 of the Convention, with the exception of section 48 of the KPK Mines Safety Inspection and Regulation Act 2019, which allows the limit of hours of work to be raised to 60 hours in any week in case of prescribed processes which are required by their nature to be carried on continuously by a succession of shifts. In this respect, the Committee recalls that in those processes which are required by reason of the nature of the process to be carried on continuously by a succession of shifts, the daily and weekly limit of hours of work may be exceeded subject to the condition that the working hours shall not exceed 56 in the week on the average (Article 4).The Committee requests the Government to provide information on measures envisaged to bring section 48 of the KPK Mines Safety Inspection and Regulation Act 2019 into conformity with the requirements of the Convention.

Article 6(1) and (2). Permanent and temporary exceptions. Consultations. The Committee notes that section 63(2)(b)(c)(d) of the KPK Factories Act 2013, section 64(2)(b)(c)(d) of the Sindh Factories Act 2015 and section 66(2)(b)(c)(d) of the Balochistan Factories Act 2021 allow the provincial governments to introduce permanent exceptions to the rules related to the duration of the working hours with regard to those workers engaged in work of a preparatory or complementary nature; and those whose work is necessarily intermittent. Furthermore, it notes that sections 63(2)(a) and 64(2) of the KPK Factories Act 2013, sections 64(2)(a) and 65(2) of the Sindh Factories Act 2015 and sections 66(2)(a) and 67(2) of the Balochistan Factories Act 2021 allow the provincial governments to introduce temporary exceptions to the rules related to the duration of the working hours where the exception is required to enable the factory to deal with a need for urgent repairs and an exceptional pressure of work, respectively. In addition, it notes that exemptions from working hours provisions under the KPK Factories Act 2013 are provided under the KPK Factories Rules 2022. The Committee notes that none of these texts provide for tripartite consultations as a precondition to granting permanent or temporary exemptions from working hour limits. However, the Government indicates that tripartite consultations have taken place in practice, with the Provincial Tripartite Consultative Committees having been established to get the necessary input from the workers and employers whenever needed. With regards to exceptions that can be established under the Sindh Factories Act 2015, the Government indicates that the Sindh Tripartite Labour Standing Committee has decided to adopt a tripartite mechanism while granting exemptions regarding hours of work. With regards to the exceptions that may be established under the Balochistan Factories Act 2021, the Government indicates that it is in the final stages of adopting the Balochistan Factories Rules 2023, as an outcome of consultations with the social partners. In particular, the draft of the Rules was tabled for consultation and inputs before the Balochistan Provincial Tripartite Consultative Committees in its 11th and 12th Meetings. The Committee also notes that the KPK Factories Rules 2022 were finalized after deliberation with representatives of workers’ and employers’ organizations. In its observations, the Pakistan Mines Workers Federation indicates that the legislation regarding hours of work is not implemented in practice, especially in the mining industry of Pakistan, where workers have to work approximately 12 hours a day. The Committee requests the Government to provide its comments in this respect and to continue to provide information on regulations which may have been adopted under Article 6 of the Convention, so as to grant permanent and temporary exceptions. The Committee also requests the Government to specify how consultations with organizations of employers and workers were ensured on this subject.Furthermore, the Committee requests the Government to provide information on the adoption of the draft Balochistan Factories Rules, and to indicate whether similar regulations have been or are envisaged to be adopted for Sindh and for the Islamabad Capital Territory. The Committee once again requests the Government to provide information on any permanent exceptions to the normal limits on hours of work which may have been made in accordance with section 25(1) and (5) of the Mines Act of 1923 for workers engaged in preparatory, complementary or intermittent work and to specify whether they were adopted after consultation with the organizations of employers and workers concerned, as prescribed by Article 6, paragraph 2, of the Convention.

Weekly rest

The Committee takes note of the observations of the Pakistan Mines Workers Federation, according to which there is no opportunity available to mine workers for weekly rest with wages in practice. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 3 of Convention No. 14 and Articles 2 and 5 of Convention No. 106. Scope of application. The Committee notes that section 5(1) of the KPK Shops and Establishment Act 2015, section 5(1) of the Sindh Shops and Commercial Establishment 2015 and section 5(1) of the Balochistan Shops and Establishments Act 2021 exclude numerous categories of establishments from their scope of application. Furthermore, the Committee recalls that under section 5(2) of the Shops and Establishments Ordinance 1969, numerous commercial establishments are excluded specifically from the application of the provisions on weekly rest (in particular, hotels; shops dealing mainly in vegetables, meat, fish and dairy products; shops dealing mainly in medical supplies; shops dealing mainly in tobacco, cigarettes, refreshments and newspapers; gas stations; barbers’ and hairdressers’ shops; cinemas and theatres). It notes that section 5(2) of the Sindh Shops and Commercial Establishment Act 2015 and section 5(2) of the Balochistan Shops and Establishments Act 2021 provide for the same exclusion of these commercial establishments from the weekly rest entitlement. In this respect, the Government indicates that the Sindh Tripartite Labour Standing Committee has decided to amend section 5(2) of the Sindh Shops and Commercial Establishment Act 2015 in the same manner as section 5(2) of KPK Shops and Establishment Act 2015 was amended so as to ensure than no category is excluded from having a 24-hour weekly rest. The Committee requests the Government to indicate the legal provisions ensuring that a weekly rest comprising not less than 24 consecutive hours in the course of each period of seven days is granted to the categories of workers excluded from the scope of the aforementioned legislation, or to describe any special weekly rest scheme which may be applicable to them.

Article 4 of Convention No. 14 and Articles 7 and 8 of Convention No. 106. 1. Exceptions to weekly rest. The Committee notes that section 63(2) of the KPK Factories Act 2013, section 64(2) of the Sindh Factories Act 2015, and section 66(2) of the Balochistan Factories Act 2021 allow the provincial governments to make rules excepting from the application of the provisions on the weekly rest those workers engaged in urgent repairs or work which must be carried out continuously; in making and supplying articles of prime necessity; in a manufacturing process which cannot be carried out except during fixed seasons or is dependent on natural forces, or who are engaged in engine rooms or boiler houses. For KPK, such rules on exceptions which may be established under the KPK Factories Act 2013 are provided under the KPK Factories Rules 2022. In addition, section 64(2) of the KPK Factories Act 2013, section 65(2) of the Sindh Factories Act 2015, and section 67(2) of the Balochistan Factories Act 2021 provide for the possibility of a similar exemption to allow a factory to deal with an exceptional pressure of work. The Committee requests the Government to provide information on regulations authorising exceptions under the provincial legislation as prescribed by Article 6 of Convention No. 14, and to indicate the manner in which it takes into account all appropriate economic and humanitarian considerations with a view to authorizing such exemptions, in accordance with Article 4 of Convention No. 14. It also requests the Government to specify the legal provisions guaranteeing not less than 24 consecutive hours of weekly rest to all persons excluded from the scope, or describe any special weekly rest scheme which may be applicable to them.

The Committee notes that according to section 4 of the Shops and Establishments Ordinance 1969, section 4 of the Sindh Shops and Commercial Establishment Act 2015, and section 4 of KPK Shops and Establishment Act 2015, the Government, by notification in the official Gazette, has the power to grant exemptions from the operation of all or any of the provisions of the Acts any establishment or any class thereof or any employer or employee or class of employers or employees on such conditions as it may think fit. section 4 of the Balochistan Shops and Establishments Act 2021 provides for the same power to grant exemptions but additionally requires that such notification shall clearly state the rights of employees to be enjoyed or exercised by them, which in no case should be less than those guaranteed under the Act. The Committee requests the Government to provide further details regarding the application in practice of the above-mentioned provisions, including the extent of these exceptions and the precise circumstances under which resort to them is had, as well as the categories of workers concerned.

2. Tripartite consultations. The Committee notes that none of the aforementioned texts provide for tripartite consultations as a precondition to granting permanent or temporary exemptions from the weekly rest entitlement. However, it refers to its comments under Convention No. 1 where it notes the tripartite consultations that lead to the adoption of several provincial legislation. In addition to that, the Government indicates that the Sindh Factories Act 2015 and Sindh Shops and Commercial Establishments Act 2015 were drafted through extensive tripartite process. Furthermore, the Sindh Tripartite Labour Standing Committee has decided to adopt a tripartite mechanism while granting exemptions of weekly rest. The Government indicates that in KPK, during provincialization of labour laws, representatives of workers, employers and other relevant stakeholders were consulted before taking any final decision, including for the KPK Factories Act 2013. Taking note of this information, the Committee requests the Government to continue to indicate how it ensures that exceptions to weekly rest entitlements are made in consultation with representative employers and workers’ organizations as required by the Conventions.

Article 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106. Compensation. The Committee notes that section 35A of the Factories Act 1934, section 55 of the KPK Factories Act 2013, section 56 of the Sindh Factories Act 2015, section 58 of the Balochistan Factories Act 2021, section 24 of the Mines Act 1923, section 48 of the KPK Mines Safety Inspection and Regulation Act 2019, and section 4 of the Road Transport Workers Ordinance 1961 ensure that compensatory rest is granted for all deviations from the ordinary weekly rest scheme without exception. However, no similar provisions ensuring the granting of compensatory rest have been included in the Shops and Establishments Ordinance 1969, the KPK Shops and Establishment Act 2015, the Sindh Shops and Commercial Establishment 2015, and the Balochistan Shops and Establishments Act 2021. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, as far as possible, in case of exceptions to weekly rest, compensatory rest is granted of a total duration of at least 24 hours in the course of each period of seven days. It also requests the Government to provide information on any development in this respect, including the revision of the relevant legislation.

Night work for women

Articles 2 and 3 of Convention No. 89. General prohibition of night work for women in industrial undertakings. The Committee notes the Government’s indication in its report that a series of amendments to provincial legislation and new provincial legislation have been adopted that allow night work for women under certain conditions which aim to ensure their safety. The Committee notes that legislation allows women workers to engage in night work as long as they consent to it and the employer provides them with safe and secure transport facilities (section 45 of the Factories Act 1934 as amended for Punjab in 2022, section 66 of the Sindh Factories Act 2015 as amended in 2021, section 68 of the Balochistan Factories Act 2021, and section 65 of the KPK Factories Act 2013 as amended in 2021). The Committee takes note of the Government’s indication that in the Islamabad Capital Territory, night work for women is prohibited but the matter has been thoroughly discussed with concerned stakeholders and is currently under consideration. In its observations, the APFTU indicates that because of the weak and limited inspection machinery dealing with a large labour force, the legislation that gives effect to the Convention is not fully implemented in practice. Recalling that pregnant and breastfeeding women may be particularly vulnerable to night work and emphasising the importance of women night workers in this situation being given an alternative to night work (see the 2018 General Survey concerning working time instruments, paragraph 545), the Committee requests the Government to continue to provide information on measures taken or envisaged to protect women who work at night, particularly in relation to maternity. Recalling that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (see 2018 General Survey on working time instruments, paragraph 545), the Committee requests the Government to provide information with regards to the consideration given to the matter of night work of women in the Islamabad Capital Territory, in light of the principle of equality of opportunity and treatment between men and women, in consultation with the social partners.

In its previous comments, the Committee noted the Government’s indication that the issue of ratification of Convention No. 171 has been referred to the provinces for deliberation in tripartite meetings with representative employers’ and workers’ organizations and that any action in this regard will be initiated in the light of recommendations received from the provinces. In this respect, the Committee notes that the provinces of KPK and Balochistan indicate that notwithstanding provincial tripartite consultations that take place, the issue of ratification is a federal subject. It also notes that the Sindh Tripartite Labour Standing Committee is in favour of ratification of Convention No. 171 subject to detailed discussion in an upcoming meeting. Recalling that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032, the Committee draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all those working at night. It also encourages the Government to terminate its obligations under the outdated Convention No. 4. The Committee requests the Government to keep the Office informed of any further developments in this regard.

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

Articles 2 and 3 of the Convention. Prohibition of night work of women. In its previous comment, the Committee noted the partial relaxation of the prohibition concerning women’s night work and invited the Government to consider favourably the ratification of the Night Work Convention, 1990 (No. 171), and the denunciation of the obsolete Night Work (Women) Convention, 1919 (No. 4). In its latest report, the Government explains that following recent constitutional amendments, the power to legislate on labour issues as well as the full responsibility for labour administration have been transferred to the provinces. The Government accordingly indicates that the issues of ratification of Convention No. 171 and denunciation of Convention No. 4 have been referred to the provinces for deliberation in tripartite meetings with representative employers’ and workers’ organizations and that any action in this regard will be initiated in the light of recommendations received from the provinces. While noting the need for tripartite consultations at the provincial level, the Committee again encourages the Government to ratify Convention No. 171, which focuses on the safety and health protection of all night workers irrespective of gender, and to terminate its obligations under the outdated Convention No. 4. The Committee requests the Government to keep the Office informed of any further developments in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2 and 3 of the Convention. Partial exceptions from the prohibition of night work. The Committee notes that following the adoption of the Finance Act 2006 which amended section 45 of the Factories Act 1934, women may henceforth work with their consent till 10 p.m. provided that the employer arranges for the transport facilities. The Committee understands that the partial lifting of the ban on women’s night work is the outcome of pressing demands particularly on the part of the IT industry. The Committee notes with interest that the relaxation of the prohibition is consonant with the current trend favouring the review of the protective legislation with a view to gradually eliminating all provisions contrary to the principle of equal treatment between men and women – except those connected with maternity protection – while taking due account of national circumstances. It is bound to observe, however, that, as it currently reads, section 45 of the Factories Act provides for broader exceptions to the prohibition of night work of women than those permitted under the Convention (the duration of the night period being shortened to eight instead of 11 hours). It is for this reason that the Committee has been drawing the Government’s attention to the Protocol of 1990 to Convention No. 89, which expands considerably the exemption possibilities with regard to the prohibition of night work for women based on agreements concluded between the employers’ and workers’ representatives concerned. The Committee therefore once again invites the Government to consider the possibility of ratifying either the 1990 Protocol, which affords greater flexibility in the application of Convention No. 89, while remaining focused on the protection of women workers, or Convention No. 171 which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of all night workers irrespective of gender. The Committee asks the Government to keep the Office informed of any decision taken in this regard.

In addition, the Committee notes that the Government remains bound by the provisions of the Night Work (Women) Convention, 1919 (No. 4), and therefore action needs also to be taken in this regard. In its General Survey of 2001 on the night work of women in industry, the Committee concluded that Convention No. 4 was a rigid instrument, ill-suited to present-day realities and manifestly of historical importance only (paragraph 193). Similarly, the ILO Governing Body, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, decided to retain Convention No. 4 as a candidate for possible abrogation considering that it no longer corresponded to current needs and had become obsolete (see GB.283/LILS/WP/PRS/1/2, paragraphs 31–32 and 38). The Committee takes this opportunity to recall that contrary to most other Conventions which may be denounced after an initial period of five or ten years but only during an interval of one year, the denunciation of Convention No. 4 is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. The Committee therefore strongly encourages the Government to take appropriate action in respect of obsolete Convention No. 4.

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

The Committee notes the Government’s report according to which the Convention continues to be implemented through the enforcement of the Factories Act, 1934, and the Mines Act, 1923.

The Committee takes this opportunity to refer to paragraphs 191 to 202 of its General Survey of 2001 on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a blanket prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. It also noted that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically Pakistan acceded in 1996), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers.

Finally, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, up-to-date information concerning the practical application of the Convention, especially as regards the application of the exceptions allowed under the provisions of the Convention. The Committee understands that women workers employed in export-oriented industries are often exempted from the general prohibition on night work. It therefore requests the Government to supply more specific information on the grounds on which special authorizations to export-oriented factories are granted, the average number and duration of permits delivered per year, the approximate number of workers concerned and how it is ensured that this practice remains in conformity with the narrowly defined suspension or exemption possibilities provided for in the Convention.