Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - Pakistan (Ratification: 1953)

Autre commentaire sur C081

Observation

Demande directe

Afficher en : Francais - EspagnolTout voir

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the conclusions of the Conference Committee on the Application of Standards on the application of this Convention, the comments made by the International Trade Union Confederation (ITUC), dated 21 August 2013, and communicated to the Government on 29 August 2013, as well as the Government’s report received by the Office on 30 August 2013 and its various annexes.

The Committee notes the discussion on: (1) the effectiveness of labour inspection and the enforcement of legal provisions in the context of the delegation to the provinces of legislative powers and jurisdiction in the area of labour; (2) labour inspection and occupational safety and health (OSH) in the context of the recent fire in the garment factory in Karachi, in which nearly 300 workers lost their lives; (3) the human and material resources of the labour inspectorate; (4) restrictive policies for labour inspection; and (5) the regular publication and communication to the ILO of annual labour inspection reports.

In its conclusions, the Conference Committee requested the Government to include in its report to the Committee of Experts, due in 2013, complete information on all the issues raised, as well as detailed data in an annual report on the work of the labour inspection services in each province on all the items listed in Article 21 of the Convention, including information on workplaces liable to inspection and the number of workers employed therein, statistics of inspection visits, violations and the penalties imposed, industrial accidents and cases of occupational diseases. It expressed the hope that the steps taken concerning the application of this governance Convention would be reflected in the Government’s next report to the Committee of Experts. The Committee welcomed the request by the Government for technical assistance and hoped that this assistance would enable the Government to effectively apply the Convention.

1. Effectiveness of labour inspection and the enforcement of legal provisions in the context of the delegation to the provinces of legislative powers and jurisdiction in the area of labour. Legislative process in the provinces

The Committee notes the indications by the Government during the discussions that took place in the Conference Committee that through the delegation of powers to the provincial governments, the inspection regime would be strengthened. The Committee further notes the Government’s indications in its report that, following this delegation of legislative powers, the provinces are currently in the process of adopting their own labour laws. In this regard, it notes the copies of various legislative texts provided by the Government adopted by the provinces of Punjab and Khyber Pakhtunkha in 2012 and 2013. It also notes the observations made by the ITUC, according to which the lack of coordination between the provinces in this process has led to a patchwork of labour laws and regulations that does not meet international labour standards. The trade union further emphasizes the need for laws and regulations on labour inspection to be promulgated immediately, which has not been done in any of the provinces. The Committee asks the Government to keep the Office informed of any further progress made by the provinces in the process of adopting labour laws, in particular in the area of labour inspection and OSH, and to supply copies of these texts once they have been adopted with an indication of the specific provisions that give effect to the Articles of the Convention.

Articles 4 and 5(b). Supervision and control by a central labour inspection authority. Determination of inspection priorities in collaboration with the social partners. The Committee recalls that the conclusions of the Conference Committee emphasized the importance of an effective system of labour inspection in all provinces, the need to agree on the priorities of labour inspection and to adopt a strategic and flexible approach in consultation with the social partners. The Committee recalls in this regard the Government’s indications in its previous report concerning plans to introduce a coordination mechanism at the federal level to replace the national inspection authority that had previously been planned. It notes the Government’s indications that the Ministry of Overseas Pakistanis and Human Resources Development (MOPHRD) is responsible for the coordination and supervision of labour legislation in the provinces and that the coordination mechanism at the federal level includes a coordination committee (composed of the provincial labour secretaries and headed by the Federal Secretary of the MOPHRD) and a technical committee (composed of representatives of the federal Government and the ILO). While the Committee notes the observations made by the ITUC, according to which the 2006 inspection policy adopted by the federal Government is not binding on the provinces, it also notes the Government’s indications that the federal labour inspection policy of 2006 and the labour policy of 2010 provide orientations for the provinces and that many of them have implemented various aspects of these policies, including the rationalization and consolidation of labour laws, the computerization of labour inspection records, etc. The Committee asks the Government to provide information on the measures taken for the determination of the priorities of labour inspection with a view to improving its effectiveness and to making best use of the rare human and material resources available, and to specify the role of the social partners in this process. Please also provide specifications on the implementation measures that have been adopted in the provinces in relation to the subjects and points raised by the Committee previously concerning the 2006 inspection policy and 2010 labour policy documents. In this regard, the Committee also asks the Government to provide further information on the mandate, composition and activities of the coordination committee and the technical committee and copies of any applicable texts.

Articles 3(1)(b), 17, 18, 20 and 21. Effective enforcement of sufficiently dissuasive penalties. The Committee notes the indications by the Government during the discussions that took place in the Conference Committee that through the delegation of powers to the provincial governments, the inspection regime would be strengthened and would enable inspectors to work more efficiently adopting a preventive approach. The Committee also notes the Government’s indications in its report that labour inspectors are instructed to focus on persuasion, guidance and warning and that prosecutions are only initiated as a last resort. The Committee further notes the information provided by the Government and annexed to its report on the number of prosecutions initiated by labour inspectors, the pending cases before the labour courts, decisions rendered and the amount of fines imposed. In this regard, the Committee notes the ITUC’s indications that there are no adequate penalties for violations of labour laws and the obstruction of labour inspectors in their duties, and that the fines that may be imposed for the violation of labour legislation are extremely low and are not such as to deter employers from violating the law. Furthermore, the ITUC alleges that employers often refuse access by labour inspectors to company records, and even though labour inspectors can apply to the courts for access to these records, the relevant proceedings can take several months and only lead to insignificant fines. The Committee reminds the Government, in terms of the 2006 General Survey on labour inspection, paragraphs 279 and 282, that the advice and information provided for in Article 3(1)(b) of the Convention can only encourage compliance with legal provisions but should nonetheless be accompanied by an enforcement mechanism enabling those guilty of violations reported by labour inspectors to be prosecuted. The functions of enforcement and advice are inseparable in practice. Recalling the request by the Conference Committee to provide detailed data in the annual reports on the work of the labour inspection services on all the items listed in Article 21 of the Convention, including on the violations and penalties imposed, the Committee asks the Government to continue to provide relevant information as well as particulars of the classification of such infringements according to the legal provisions to which they relate, and to ensure that this information is included in the annual labour inspection reports. The Committee also asks the Government to indicate the number of instances in which inspectors are refused access to company records by employers and the number of cases initiated in cases of obstruction of labour inspectors and their outcome.

The Committee further asks the Government to provide information on the measures taken or envisaged to increase the fines and penal provisions in the current legislative reforms, and to provide the relevant legal texts once they have been adopted.

2. Labour inspection and OSH in the context of the recent fire in the garment factory in Karachi, in which nearly 300 workers lost their lives

Articles 3(1)(a)–(b), 5(b), 9 and 13. Labour inspection activities in the area of OSH, including in industrial undertakings in the province of Sindh. Supervision of private auditing and certification systems for labour standards by the labour inspection services. The Committee notes that the Government announced measures during the discussions that took place in the Conference Committee to compensate the victims and their families affected by the factory fire in Karachi and to avoid the recurrence of such incidents in the future. In this regard, the Committee also notes the reference made by the Government during these discussions to the signature of a joint statement of commitment in the province of Sindh by the ILO and the social partners for the establishment of a plan of action to address the issues of labour inspection and OSH in view of the serious accidents that have taken place in the country, in particular the factory fire in Karachi in September 2012. The Committee further notes the information provided in the Government’s report that efforts are made at the provincial level to secure compliance of legal provisions in the area of OSH, including the provision of free training and technical services by labour inspectors in workplaces. It further notes the Government’s indications that the labour inspection services at the provincial level are backed up by teams of technical experts providing advisory services and expertise in the areas of industrial hygiene, occupational safety and other technical areas.

The Committee also notes the observations made by the ITUC, according to which the abovementioned factory in Karachi had previously received a deeply flawed certificate by a private auditing firm attesting compliance with international standards, amongst others, in the area of OSH. It further notes the indications by the ITUC that the province of Sindh, in which Karachi is located, has no functioning labour inspection system, that there are no regular inspections of industrial workplaces and that measures to eliminate or minimize workplace hazards are completely absent, since employers are aware that they will not be held accountable for their failure in this regard. The Committee asks the Government to provide information on the progress made in the establishment of the above plan of action to improve labour inspection and the level of compliance with OSH in the province of Sindh, and to communicate a copy to the Office, once it has been adopted, as well as any measures taken for its implementation.

The Committee requests the Government to provide detailed information on the labour inspection activities in the area of OSH, in particular in the province of Sindh (number of inspection visits, violations reported, legal provisions concerned, types of sanctions imposed and measures adopted with immediate executory force in the event of an imminent danger to the health or safety of workers), as well as on the number of industrial accidents and cases of occupational diseases reported.

The Committee further asks the Government to make any comments it deems appropriate in relation to the observations made by the ITUC and to provide detailed information on the manner in which private auditing firms are supervised by the labour inspectorate.

Please also provide information on the number, qualification, status and geographical distribution of the technical experts providing advisory services and expertise in the areas of industrial hygiene, occupational safety and other technical areas, and indicate any collaboration with the social partners to ensure compliance with OSH legislation.

Articles 3(1)(a)–(b), 13, 17, 18, 20 and 21. Labour inspection and OSH in the mining sector in the province of Balochistan. The Committee recalls the Government’s indications during the discussions in the Conference Committee that the delegation of powers to the provincial governments would enable inspectors to work more efficiently. Following up on the discussions on labour inspection and OSH in industrial undertakings in the province of Sindh, the Committee notes that the ITUC also reports a high number of deaths and injuries in the coal mines operating in the province of Balochistan, where workers are reported to work with virtually no protective equipment and where mine owners take very few safety precautions. In this regard, the trade union refers to a series of methane explosions at a coal mine near Quetta leading to the deaths of 43 workers in 2011. Recalling that the Conference Committee requested the Government to include detailed data in the annual reports on the work of the labour inspection services in each province, including on industrial accidents and cases of occupational diseases, the Committee asks the Government to provide separate statistical information on the labour inspection activities carried out in the area of OSH in the province of Balochistan, in particular in the coal mines operating in this province, and to ensure that such information is included in the annual labour inspection reports.

3. Human and material resources of the labour inspectorate

Articles 7, 10 and 11. Human and material resources of the labour inspectorate and training of labour inspectors. The Committee notes that the conclusions of the Conference Committee emphasized the importance of providing adequate human and material resources and appropriate training to labour inspectors.

In this regard, it notes the observation made by the ITUC that there is a critical shortage of labour inspectors in the country. It further notes that, although the Government indicates that transport facilities are limited in number, shared by several inspectors and that there is a possibility for labour inspectors to be reimbursed when using their private vehicles for inspections, the ITUC indicates that, in most cases, inspectors are required to use their own vehicles to carry out inspections and are rarely, if ever, reimbursed for their travelling expenses. The Committee further notes that, while the Government refers to adequate training of labour inspectors, the trade union indicates that labour inspectors only receive very rudimentary training and that little training is provided to develop the capacities required for inspections in specific sectors. The Committee asks the Government to take the necessary measures to ensure that sufficient human and material resources are allocated to the labour inspection services to secure the effective discharge of their duties. It asks the Government to provide up to date information on the number of labour inspectors in each province and details of the material means available to the labour inspection services in each province, such as office facilities and means of transport for inspection. Please also describe the applicable reimbursement rules (travelling allowance per kilometre, procedure to be followed, etc.) and the number of cases in which travel expenses have been reimbursed. The Committee further asks the Government to provide information on the training provided to labour inspectors in each province (subjects covered, number of participants, duration, etc.) during the period covered by the Government’s next report.

4. Restrictive policies for labour inspection

Article 12(1). Restrictive policies for labour inspection. The Committee notes the Government’s assurance during the discussions that took place in the Conference Committee that there are no bans on inspections in any province. In this regard, the Committee notes the ITUC’s observations that, while it is true that the long-standing restrictive policy barring labour inspectors from entering factory premises as a consequence of pressure from the industry lobby and previously referred to by the Pakistan Workers Confederation (PWC) has been overturned in Punjab province, inspectors are still required to provide prior notice to employers concerned well in advance of inspections in the province of Sindh. In this regard, the Committee notes that the Government reiterates in its report that labour inspections are not banned in any province and that regular inspections have been reinstated in the province of Punjab, as explained in the Government’s previous report. The Committee asks the Government to provide any observations it deems appropriate in relation to the comments by the ITUC and, where appropriate, to indicate the measures taken in law and practice to ensure that labour inspectors are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, so that labour inspectors can perform their duties in all provinces of the country in accordance with the provisions of the Convention.

5. Regular publication and communication to the ILO of annual labour inspection reports

Articles 20 and 21. Publication of an annual inspection report. The Committee notes that the conclusions of the Conference Committee emphasized the importance of complete information on all of the subjects covered by Article 21 of the Convention for the evaluation of the extent to which the legal provisions relating to conditions of work and the protection of workers while engaged in their work are being respected in each province. The Committee notes that the report of the province of Sindh, annexed to the Government’s report, contains some information on the number of inspections conducted, the number of prosecutions, pending cases before the labour courts, decisions rendered and the amount of fines imposed for the period from 2011 to 2013. It also notes the statistics on the number of inspections, prosecutions and fines imposed between 2008 and 2012 in the report for the province of Khyber Pakhtunkhwa (relating to child labour, wages, maternity benefit, OSH, etc.) and the statistics on the number of inspections, prosecutions, pending cases before the labour court, decisions rendered and amount of fines imposed for the province of Balochistan. However, the scarce information provided and the absence of information on the number of workplaces covered by labour inspection does not provide a basis for a thorough appreciation of the application of the Convention. While the Committee notes the information that labour inspection documentation is currently being computerized in the province of Punjab, it observes that no information on the activities of the labour inspection services in this province has been provided.

In this regard, it also notes the information provided by the ITUC that the last report on the activities of the labour inspection services relates to 2007, and that there is no central authority to collect the information and establish an annual report for the whole country. The trade union indicates in this regard that the Ministry for Inter Provincial Coordination is supposed to oversee this matter, but has not done so to date. The Committee requests the Government to make every effort to ensure that the central labour authority publishes and communicates to the ILO an annual labour inspection report (Articles 20 and 21 of the Convention), and to indicate the measures taken in this regard. It also requests the Government to provide with its next report statistical information on labour inspection in the provinces and in different sectors, including in export processing zones that is as detailed as possible (industrial and commercial workplaces liable to inspection, number of inspections, infringements detected and the legal provisions to which they relate, etc.) in each of the provinces.

Technical assistance. Recalling that the Conference Committee welcomed the request by the Government for technical assistance and hoped that this assistance would enable the Government to apply the Convention effectively, the Committee invites the Government to provide information on any follow-up in this respect.

[The Government is asked to reply in detail to the present comments in 2014.]