Observación (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

The Committee notes the information provided in the Government's report and the discussion which took place at the Conference Committee in 1994. It further notes the comments made by the Pakistan Railway Employees Union (PREM) dated 12 April 1994 and the conclusions reached by the Committee on Freedom of Association in Cases Nos. 1696, 1726 and 1771 (292nd, 294th and 295th Reports of the Committee, approved by the Governing Body at its March, June and November 1994 Sessions respectively).

I. The Committee's previous observations referred to discrepancies between national legislation and the Convention on the following points:

-- ban on trade union membership and activities for employees of the Pakistan Television Corporation and the Pakistan Broadcasting Corporation;

-- denial of the rights guaranteed by the Convention for workers in export processing zones (section 25 of the Export Processing Zones Authority Ordinance, 1980 and section 4 of the Export Processing Zone (Control of Employment) Rules, 1982);

-- exclusion of public servants of Grade 16 and above from the scope of the Industrial Relations Ordinance, 1969 (section 2(viii) (special provision)); restrictions on recourse to strikes (sections 32(2) and 33(1) of the Ordinance);

-- prohibition on minority unions from representing their members in relation to individual grievances;

-- artificial promotions used as an anti-union tactic in the banking and finance sector;

-- denial of the right to form trade unions for employees in public and private sector hospitals.

1. As concerns Pakistan Television and Broadcasting Corporations (PTV and PBC), the Committee notes with interest from the Government's report that the tripartite Task Force on Labour recommends that the relevant provision of the Industrial Relations Ordinance (IRO) be omitted to allow these workers to form trade unions and carry out trade union activities. The Committee therefore expresses the hope that trade union rights will be restored to the above employees at an early date.

2. As regards the granting of trade union rights in export processing zones (EPZs), the Government refers in its report to the Export Processing Zones Authority (Control of Employment) Rules, 1982, which regulate conditions of employment in EPZs and provide benefits which are better than those provided to other workers. It is further indicated that, at present, there is only one EPZ employing fewer than 6,000 workers, 80 per cent of which are female. The Government adds that, since the cultural climate in Pakistan is not in favour of unionization of female workers due to social taboos, those workers do not demand that trade union rights under the IRO be restored to them. There is, however, no ban on their forming any association and the Government is considering the matter to see how to apply labour laws equally to all enterprises without discrimination.

The Committee notes the conclusions of the Committee on Freedom of Association in Case No. 1726 (294th Report, June 1994) concerning the non-application of labour legislation to EPZs and its recommendation that the 1992 Finance Act, the Export Processing Zones Authority Ordinance, 1980, and the Export Processing Zones Authority (Control of Employment) Rules be amended to ensure the right to organize for all workers. The Committee notes with interest the recommendation of the tripartite Task Force that it would be desirable to apply labour laws uniformly without discrimination to all organizations since labour laws have a positive role to play in maintaining industrial peace, creating a favourable climate to harmonize the relationship between employers and employees and helping in increasing productivity and production.

3. Regarding the exclusion of civil servants of Grade 16 and above from the scope of the Industrial Relations Ordinance, the Government has indicated in its report that there is no bar on the formation of associations of different categories of employees, however they are subject to certain restrictions to avoid the carrying out of activities that are harmful to the basic aims and objectives of their establishments, such as the engagement in political activities, the issuance of periodical publications or publishing representations of their members without prior government approval. The Committee had already noted these same restrictions in the Sindh Government Servants (Conduct) Rules in its previous comments. It would once again recall that such restrictions are incompatible with the right of workers' organizations to elect their representatives in full freedom and to organize their administration and activities without government interference in accordance with Article 3 of the Convention. Furthermore, the Committee would draw the Government's attention to paragraph 86 of the 1994 General Survey on Freedom of Association and Collective Bargaining wherein it indicates that provisions stipulating that different organizations must be established for each category of public servants (for example, where trade union membership is reserved to public servants in the same unit) are incompatible with the right of workers to establish and join organizations of their own choosing. The Committee has, however, considered it admissible for first-level organizations of public servants to be limited to that category of workers provided that their organizations are not also restricted to employees of any particular ministry, department or service, and that they may freely join federations or confederations of their own choosing, like organizations of workers in the private sector.

As the Government has still not supplied the requested information relating to the size and activities of the existing associations of civil servants, the Committee once again requests the Government to supply this information with its next report.

4. With respect to restrictions on the right to strike, the Government indicates in its report that the Pakistan Essential Services (Maintenance) Act of 1952 is only applied to employment organizations which meet defence needs or concern the life of the community. The main concern is to ensure the economic viability of national priority programmes and it is, therefore, in the national interest to ensure that industrial action does not continue for an indefinite period.

The Committee notes with interest the Government representative's statement at the Conference Committee to the effect that the present Government had decided not to apply the Essential Services Act to any new establishment and to redefine the Act with a view to bringing it into conformity with the Convention. He added that the existing list of establishments under the Act would be gradually reduced to a minimum; three establishments having already been removed from the list. Furthermore, the Committee notes with interest that the tripartite Task Force recommends that the definition of essential services be brought into conformity with the principles of freedom of association.

5. As concerns the right of representation of minority unions, the Government states that it has taken note of the Committee's previous comments and is taking all possible measures in consonance with the Convention to protect the rights of minority unions accordingly.

6. With regard to artificial promotions in the banking and financial sector, as well as in the steel industry, designed to undermine the membership of workers' unions (see Cases Nos. 1534 and 1771), the Committee recalls that section 2(viii) of the IRO excludes from the definition of "worker" any person "who, being employed in a supervisory capacity, draws wages exceeding 800 rupees per mensum". As the report of the direct contacts mission to Pakistan indicates that the minimum wage is 1,500 rupees, the definition of "worker" is meaningless. The Committee would draw the Government's attention to paragraph 66 of its General Survey on Freedom of Association and Collective Bargaining wherein it has considered that legislation which allows for the granting of fictitious promotions to unionized workers without actually according them management responsibilities, thereby effectively placing them in the category of so-called "employers" to whom the right to organize is not permitted, is not in accord with the Convention, since the end result is to deny the right of association and artificially reduce the size of the bargaining unit. It therefore requests the Government to amend the definition of "worker" so as to prevent the undermining of workers' organizations through artificial promotions and to grant all workers, without distinction whatsoever, the right to establish and join organizations of their own choosing.

7. Regarding the denial of the right to form trade unions for employees in public and private sector hospitals, the Government has indicated in its report that the application of the Essential Services Act to these workers does not mean that they do not have the right to organize and, hence, they have the legal right to form associations. The Committee would note however that hospital employees are excluded from the IRO under section 1(3)(f). It therefore requests the Government to supply information on the legislative provisions actually in force which ensure hospital employees the right to establish and join organizations of hospital employees for furthering and defending their professional interests, as provided in the Convention, and to indicate the size and activities of the associations in this sector.

II. The Committee also notes with concern that the following categories of workers have recently been denied the right to organize:

1. Railway employees. The Committee notes that the comments made by the Pakistan Railway Employees' Union concern a ministerial circular which classifies most railway lines as Ministry of Defence Lines and bans railway employees from taking part in any trade union activities. It notes that this circular has been the subject of a complaint examined by the Committee on Freedom of Association in November 1994 (295th Report) and that the Government had, at that time, indicated that the circular in question had been challenged before the Lahore High Court and was still sub judice. The Committee recalls that Article 2 of this Convention provides that the right to establish and join an organization of one's own choosing applies to all workers "without distinction whatsoever" and notes with interest that the preliminary report of the tripartite Task Force on Labour recommends that this circular be withdrawn to enable railway workers to exercise their right of unionization without any restrictions or conditions. The Committee trusts that the Government will take the necessary measures to ensure that all workers, without distinction whatsoever, have the right to establish and join organizations of their own choosing and requests the Government to indicate in its next report the progress made in restoring this right to railway workers.

2. Forestry workers. The Committee notes the recommendations made by the Committee on Freedom of Association in Case No. 1696 concerning the refusal to register a union of forestry workers because they were not covered by the definition of the term "worker" in the Industrial Relations Ordinance of 1969 as they were considered to be civil servants. As recalled above, the right to establish and join an organization of one's own choosing applies to all workers "without distinction whatsoever" and therefore also applies to employees of the State. It therefore requests the Government to indicate the measures taken or envisaged to ensure that employees of the State in general and forestry workers in particular are granted the right to establish and join organizations of their own choosing.

III. The Committee hopes that the Government will continue to take advantage of the technical assistance of the ILO in order to bring, at an early date, its legislation into conformity with the requirements of the Convention, in particular, as concerns the right of all workers - including employees of the PTC and the PBC, workers in export processing zones, public servants, hospital workers, railway employees and forestry workers - to establish and join organization of their own choosing without previous authorization and as concerns the right to strike. It asks the Government to report in detail on any progress made in this regard.