Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 350, Juin 2008

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

1. 130. The Committee last examined this case at its November 2006 meeting [see 343rd Report, paras 159–164]. On that occasion, it requested the Government to keep it informed of the progress made in respect of the law amending the Banking Companies Act and of the decision taken by the High Court in respect of the prevalence of the IRO over the above Act. It urged the Government to take all necessary measures so as to ensure, in practice, that trade unions can carry out their activities in the banking sector, including the right to elect their representatives in full freedom and the right to collective bargaining. The Committee furthermore once again urged the Government to conduct an independent inquiry to thoroughly and promptly consider the allegations of anti-union dismissals at the United Bank Limited (UBL) and to ensure that; (1) appropriate measures were taken in response to any conclusions reached in relation to the allegations of anti-union discrimination; and (2) if it appeared that the dismissals occurred as a result of involvement by the workers concerned in the activities of a union, those workers were reinstated in their jobs without loss of pay; if the independent inquiry finds that reinstatement is not possible, to ensure that adequate compensation, so as to constitute sufficiently dissuasive sanctions, is paid to the workers.
2. 131. In a communication dated 6 November 2007, the Government indicates that the report of the Banking Law Review Commission of Pakistan, which includes a new draft Banking Law, has been finalized. The State Bank of Pakistan is now working on the draft law. As soon as the new Law is received by the Ministry of Labour and Manpower, it will inform the ILO accordingly. The Committee takes note of this information and requests the Government to keep it informed of the progress made in respect of the Law amending the Banking Companies Act and to transmit a copy of the passages in the report of the Banking Law Review Commission relating to the draft Banking Law.
3. 132. The Committee deplores that since 2005, the Government had failed to submit its comments on other outstanding issues. The Committee stresses in this regard that governments should recognize the importance of formulating detailed replies to the allegations brought by complainant organizations, so as to allow the Committee to undertake an objective examination [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 24]. It is therefore bound to repeat its previous requests and urges the Government to provide information with regard to: (1) the decision taken by the High Court in respect of the prevalence of the Industrial Relations Ordinance (2002) over the Banking Companies Act; (2) the measures the Government had taken to ensure, in practice, that trade unions can carry out their activities in the banking sector, including the right to elect their representatives in full freedom and the right to collective bargaining and more specifically, the measures it had taken to ensure that the UBL employees’ unions can negotiate the terms and conditions of employment of its members with the managers of the UBL branches concerned; and (3) on the outcome of the independent inquiry into the allegations of anti-union dismissals at the UBL, as well as on measures taken in response to any conclusions reached in relation to the allegations of anti-union discrimination (reinstatement without loss of pay or compensation, constituting sufficiently dissuasive sanctions).