Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 362, Noviembre 2011

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

1. 98. The Committee last examined this case at its March 2011 session [see 359th Report, paras 970–991]. This case concerns the allegation that the Government has allowed the Industrial Relations Act to expire, has failed to promulgate and implement a new labour legislation and has enacted the 18th Amendment to the Constitution, which transferred responsibility for labour issues from the federal to the provincial governments, thereby effectively preventing the national trade unions from engaging in collective bargaining at the level of industries of national scope and importance. At its March meeting, the Committee made the following recommendations:
   • (a) The Committee expects that new legislation ensuring the trade union rights of workers, including at the national level, will be adopted in the country in the very near future with the full consultation of the social partners concerned and that any adopted legislation, including the recently adopted provincial acts, will be brought into full conformity with Conventions Nos 87 and 98. It requests the Government to keep it informed in this respect.
   • (b) The Committee expects that pending adoption of the relevant legislation, the NIRC can exercise its functions in adjudicating industrial disputes and dealing with issues relating to the registration and determination of collective bargaining agents in national institutions and industries of national scope and importance and that provisions are made to ensure that national trade unions and employers’ organizations are able to exercise their activities in a legal and effective manner. It requests the Government to keep it informed as to the manner in which the NIRC has continued to function in the current context and to provide any relevant statistics on the cases reviewed by it.
   • (c) The Committee reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.
   • (d) The Committee draws the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
2. 99. In a communication dated 24 March 2011, the Pakistan Workers Federation (PWF) provides a copy of the judgment pronounced in the Islamabad High Court in writ petition No. 4917/2010 on 10 February 2011, which challenged the decision of Lahore High Court Rawalpindi Bench in case No. 3(063)/2009. The Islamabad High Court ruled that the Industrial Relations Act (2008) stands automatically repealed on 20 April 2010 and orders issued by the National Industrial Relations Commission of Pakistan (NIRC) after this date were illegal, as well as further proceedings conducted on the basis of such NIRC orders. The Islamabad High Court based its decision on the judgment of the Sindh High Court, Karachi of 2010 (2010 P.L.C.359). The PWF indicates that this judicial decision confirmed that the NIRC was left with no jurisdiction to function after the expiry of the Industrial Relations Act (2008).
3. 100. In a communication dated 25 May 2011, the Government indicates that a new law to cater for the needs of the national level trade unions and federations in Pakistan is under process and the NIRC is proposed to be retained under the proposed law. In a communication dated 2 November 2011, the Government indicates that the President of Pakistan promulgated, on 18 July 2011, a new Industrial Relations Ordinance. The Government explains that the Ordinance regulates industrial relations and registration of trade unions and federations of trade unions in the Islamabad Capital Territory and in the establishments which cover more than one province. The Government indicates that the Ordinance was finalized during the tripartite consultations meeting on 13 May 2011, on the basis of the proposals received from all stakeholders and social partners. On 12 October 2011, the Ordinance was introduced to the National Assembly for discussion, following which it will be made into an Act of Parliament. The Government transmits a copy of the new Ordinance.
4. 101. The Committee takes due note of the information provided by the Government. It requests the Government to keep the Committee of Experts on the Application of Conventions and Recommendations, to which it refers this case, informed of the adoption of the Industrial Relations Ordinance by the Parliament, as well as with respect to any other legislation adopted at the provincial level.