Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Autre commentaire sur C081

Observation

Demande directe

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Articles 2 and 22 of the Convention. Workplaces covered by the labour inspection system. The Committee notes the observations made by the Pakistan Workers’ Federation (PWF) that ambiguities in the jurisdiction and issues relating to the scope of the labour laws, including the Factories Act, the Shops and Establishment Ordinance, and the Bonded Labour Act, result in workers being exempt in practice from protection through labour inspection. The PWF adds that a large number of workplaces are not covered by labour legislation and are therefore exempt from the purview of labour inspection (such as workplaces in agriculture, construction, private health and educational establishments).

The PWF further expresses its view that there should be an occupational safety and health (OSH) law covering all workplaces irrespective of the number of workers employed in them. In that respect, the Committee notes the Government’s indication that the Ministry of Overseas Pakistanis and Human Resources Development has prepared a model OSH Law, and that work is currently being undertaken by the Ministry, with ILO technical assistance, with the provinces for possible adoption and enactment of OSH laws in all provinces. In this respect, the Committee notes that draft OSH laws have already been proposed for the Provinces of Sindh and Balochistan. The Committee requests the Government to provide its comments in relation to the observations made by the PWF concerning the seriously limited scope of labour inspection in legislation and practice. It further requests the Government to provide detailed information on the progress made with the adoption of OSH laws in all provinces and to communicate copies of the relevant legal texts, once adopted.

Articles 3(1)(a) and (b), 5(b) and 9. Labour inspection and occupational safety and health (OSH). 1. Province of Sindh. The Committee previously noted that a Joint Action Plan had been developed in the province of Sindh to address issues of labour inspection and OSH in view of serious accidents, particularly the factory fire in 2012 in Karachi that had resulted in the death of 300 workers. The Committee notes that the Government reiterates that in Sindh, a draft OSH policy has been submitted to the provincial government for approval, and notes that a separate OSH profile for Sindh was prepared with ILO technical assistance, and is available on the website of the ILO. The Committee requests the Government to continue to provide information on the measures taken to improve the situation with regard to OSH in the Province of Sindh, including with regard to the progress made with the adoption of an OSH policy.

2. National OSH and labour inspection profile. The Government also refers to the publication of the national OSH profile in April 2016 covering all provinces, a copy of which is attached to the Government’s report and reiterates its previous statement that a labour inspection profile is under preparation with ILO technical assistance, which will be communicated once finalized. The Committee requests the Government to provide information on the progress made with the adoption of the national profile on labour inspection.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector in Balochistan. The Committee previously noted the indication of the International Trade Union Confederation (ITUC) concerning a high number of deaths and injuries in the coal mines operating in the province of Balochistan and it subsequently noted the statistics provided by the Government on the number of inspection visits conducted in the sector. Noting that the Government has not provided a reply to its previous request, the Committee once again asks the Government to provide more detailed statistical information on the labour inspection activities carried out in the area of OSH in the province of Balochistan, in particular in coal mines, including the number of inspections undertaken, the number and nature of violations detected, and the penalties imposed.

Articles 7 and 9. Training of labour inspectors. Specialists and experts associated in the work of labour inspection. The Committee notes the information provided by the Government, in reply to its request for information on the training provided in all provinces, including the information on the training provided in the context of the 2015–18 ILO project “Strengthening of the Labour Inspection System in Pakistan”. In this context, the Committee also notes the observations made by the PWF that there are only two training institutes for labour inspectors (in Punjab and Sindh), and that there is generally a need to engage qualified technical experts and specialists in the area of medicine and OSH. The Committee requests the Government to reply to these comments by the PWF. The Committee also requests the Government to provide details from each provincial department regarding the intensive training provided to all their inspecting staff, including information as to duration, subject matters covered, frequency (for example, annual, one time only) and method for evaluating the effectiveness of the training.

Article 8. Eligibility of men and women for appointment in the inspection staff. The Committee notes the information in the Government’s report, in reply to the Committee’s previous request, that female inspectors comprise approximately 0.05 per cent of labour inspectors in Punjab and 0.02 per cent of inspectors in Sindh. The Government further indicates that there are plans to hire further inspectors in these provinces, and that specific quotas are foreseen for women. Noting that the Government provides information on the number of female inspectors in only two provinces, and that the Government has ratified the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to provide information on the distribution of inspection staff by gender in each province, indicating also the number of women engaged as inspectors in mines.

Article 11. Financial and material means, including transport facilities. The Committee previously noted the Government’s statement that, with respect to the provinces of Punjab, Sindh and Balochistan, transport facilities were not available to most inspectors. The Committee notes that the Government indicates, in reply to the Committee’s request, that not all inspectors have access to official vehicles, but that travel expenses incurred by labour inspectors in the performance of duties are reimbursed. In this context, the Committee also notes the observations made by the PWF that that budgetary allocations for labour inspection functions are minimal, and that there is a lack of inspection equipment and transport facilities. The Committee requests the Government to reply to the comments by the PWF. The Committee also requests the Government to provide specific information for each province on any guidance issued as to what travel is “necessary for the performance of inspectors’ duties”; on the rate established and/or amount allocated for travel allowances; and on the total amount spent on travel allowances each year.

Article 14. Notification of cases of occupational disease. The Committee previously noted the Government’s indication that due to resource constraints, OSH data was not available on a regular basis, but that the Ministry of Overseas Pakistanis and Human Resource Development planned to publish an annual OSH profile for the country, which would contain statistical information. In this respect, the Committee notes that one of the main findings of the OSH profile transmitted with the Government’s report relates to the non-availability of reliable data on occupational accidents and diseases.

In reply to the Committee’s request to provide information on the manner in which the labour inspectorate is notified of cases of occupational disease, the Government refers to the responsibility for identifying, reporting and collection of data on occupational diseases of the Workmen Compensation offices in each district, certifying surgeons, and hospitals working for the social security institutions. The Committee requests the Government to clarify whether the abovementioned bodies and persons are required to notify labour inspectors of cases of occupational disease. Noting the findings in the OSH profile on the non-availability of reliable statistics on occupational accidents and diseases, the Committee requests the Government to provide information on any measures taken or envisaged to improve the system for their notification.

Articles 20 and 21. Publication of an annual inspection report. The Committee notes that once again no annual report on the work of the labour inspection services has been communicated to the Office. In this respect, the Committee notes the Government’s explanations that reports on the subjects listed in Article 21 are not compiled at the national level. However, the Government indicates that the Ministry of Overseas Pakistanis and Human Resources Development plans to discuss this issue in the upcoming Federal Tripartite Consultative Committee (FTCC) and expresses the hope that that Committee will come up with a solution how to annually compile and publish a detailed inspection report concerning all provinces, and submit it to the ILO. In this context, the Committee also notes the observations made by the PWF that a large number of factories and establishments are not registered, and that no progress has been made with the measures announced back in 2006 to establish a computerized register of enterprises. The PWF adds that in its view, such a register should be set up at the provincial level and linked to the federal level. The Committee requests the Government to pursue its efforts to ensure that the central labour inspection authority in each province publishes an annual labour inspection report, pursuant to Article 20, and that these reports are communicated to the ILO, either separately or in compiled form, pursuant to Article 20(3). The Committee encourages the Government to take the necessary steps to ensure that the annual report(s) contain(s) full information on the subjects set forth in Article 21, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and statistics of occupational diseases (Article 21(g)). The Committee requests the Government to provide information on any progress made in this respect, as well as any difficulties encountered.

[The Government is asked to reply in full to the present comments in 2018.]