Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes that the Government’s report has not been received.

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 24 August 2010 containing allegations of numerous violations of trade union rights in law, as raised by the Committee below, and in practice. The Committee notes, in particular, the allegations of anti-union dismissals and acts of interference in trade union internal affairs by private employers (intimidation, non-recognition and blacklisting of trade unions and its members), as well as denial of collective bargaining in export processing zones (EPZs). The Committee requests the Government to provide its observations thereon.

The Committee recalls that for several years it has been commenting on serious discrepancies between national legislation and the Convention. At its 2008 session, the Committee took note of the Industrial Relations Act (IRA), adopted in November 2008, which amended the Industrial Relations Ordinance (IRO) 2002. It further noted that the IRA was an interim law due to lapse until 30 April 2010. In this respect, the Committee notes that the Government indicates in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that it has enacted the 18th Amendment to the Constitution whereby the matters relating to industrial relations and trade unions are devolved to the provinces. The Government adds that it will ensure that provincial legislations will be in accordance with the Conventions it has ratified. The Committee further notes that on 18 June 2010, the High Court of Sindh (Karachi), referring to the 18th Constitutional Amendment, confirmed that the IRA 2008 stood repealed and concluded that the Industrial Relations Ordinance (IRO) of 1969 was now once again in force. The Committee recalls in this respect that it had previously commented upon on a number of significant restrictions on the right to organize under the IRO 1969 and in particular: (1) the exclusion from the IRO of public servants of grade 16 and above, of forestry, railway and hospital workers, of agricultural workers like self-employed farmers, sharecroppers and smallholders, as well as of persons employed in an administrative or managerial capacity whose wages exceeded 800 rupees per month (far below the national minimum wage); (2) lack of sufficient legislative protection for workers dismissed for their trade union membership or activities; and (3) denial of free collective bargaining in the public banking and financial sectors. The Committee expresses the firm hope that any new legislation whether at the provincial or national level will be adopted in the very near future with the full consultation of the social partners concerned. The Committee further hopes that any adopted legislation will be in full conformity with the Convention. It requests the Government to provide, in its next report, information on the developments with regard to the adoption of provincial legislations on trade unions and industrial relations and to provide a copy of these instruments once adopted. It reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

Export processing zones (EPZs). With regard to the right to organize in EPZs, the Committee recalls that it had previously noted the Government’s statement that the Export Processing Zones (Employment and Service Conditions) Rules, 2009 had been finalized in consultation with the stakeholders and will be submitted to the Cabinet for approval. Noting the ITUC comments alleging denial of collective bargaining rights in EPZs and the Government’s statement that the draft Rules are in conformity with the Convention, the Committee expresses the firm hope that the Rules will be adopted in the very near future. It requests the Government to provide a copy thereof as soon as they are adopted.

Banking sector. In its previous comments, the Committee had requested the Government to amend section 27-B of the Banking Companies Ordinance of 1962, imposing sanctions of imprisonment and/or fines for carrying out trade union activities during office hours. The Committee notes that the Government had provided a copy of the amendment submitted to the Senate and indicates that, as underlined in its Labour Policy 2010, it is committed to repeal this section. The Committee notes in this respect the conclusions of Case No. 2096 of the Committee on Freedom of Association. The Committee expresses the firm hope that the Amendment of section 27B of the Banking Companies Ordinance of 1962 will be adopted in the near future and requests the Government to provide information in this respect in its next report.

Autonomous bodies and corporations. The Committee had previously noted the statement of the All Pakistan Federation of Trade Unions (APFTU), according to which the newly imposed section 2-A of the Services Tribunal Act had debarred workers engaged in autonomous bodies and corporations such as the Pakistan Water and Power Development Authority (WAPDA), railway, telecommunication, gas, banks, the Pakistan Agricultural Storage and Supply Corporation (PASSCO), etc., from seeking redress for their grievances from the labour courts, labour appellate tribunals and the National Industrial Relations Commission (NIRC) in the case of unfair labour practices committed by the employer. In this respect, the Committee had noted the Government’s indication that a Bill for amendment of this provision has been moved to the Senate. The Committee once again expresses the firm hope that section 2-A of the Services Tribunals Act will be repealed in the near future so as to ensure that appropriate means of redress are available to workers concerned. It requests the Government to provide a copy of the amended legislative text.

The Committee had previously requested the Government to take all necessary measures to ensure that workers of the Karachi Electric Supply Company (KESC) and the trade union existing at the enterprise enjoyed the rights afforded by the Convention in practice. It furthermore requested the Government to provide information on the situation with regard to the determination of a collective bargaining agent. The Committee notes, from the examination of Case No. 2006 of the Committee on Freedom of Association, the Government’s indication that the referendum for selecting a collective bargaining agent had been held in accordance with the directive of the Sindh High Court, and that the KESC labour union was declared the collective bargaining agent (357th Report, paragraph 48).

Finally, the Committee expresses its concern at the situation of trade union rights in the country and urges the Government to take the necessary measures to ensure the application in law and in practice of the rights enshrined in the Convention.