Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (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.