Effect given to the recommendations of the committee and the Governing Body - REPORT_NO333, March 2004

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

1. 102. The Committee examined this case at its March 2003 session [see 330th Report, paras. 918-958]. On that occasion, it requested the Government to amend the Industrial Relations Ordinance of Pakistan (IRO) of 2002 so as:
   • – to ensure that workers of Bata Shoes company; Pakistan Security Printing Corporation; Pakistan Security Papers Ltd.; Pakistan Mint; establishments or institutions maintained for the treatment and care of sick, infirm, destitute and mentally unfit persons; institutions established for payment of employees’ old-age pensions or workers’ welfare; members of Watch and Ward; security and fire services staff of an oil refinery; or establishments engaged in the production, transmission or distribution of natural gas or liquefied petroleum gas or petroleum products, or of a seaport and airport; railways; and administration of the State, enjoy the right to establish and join organizations of their own choosing;
   • – to ensure that workers’ organizations are allowed to determine themselves whether they wish to join a federation and if that is the case to enjoy the right to establish and join the federation of their own choosing;
   • – to repeal section 19(1) of the IRO which imposes measures of administrative control over trade union assets;
   • – to lower the minimum requirement of ten trade unions, with at least one from each province, for establishment of a national federation;
   • – to repeal section 65(5) of the IRO which stipulates the disqualification of a trade union officer from holding any trade union office for the following term for committing an unfair labour practice and covers a wide range of conduct not necessarily making it inappropriate for persons found guilty to hold a position of trust;
   • – to enable the review of the factual bases on which that power was granted to unions if there is a change in the relative strength of unions competing for the power to represent workers exclusively for collective bargaining purposes;
   • – to allow workers to seek legal remedies against the acts of anti-union discrimination at any time and not only during an industrial dispute.
   • In addition, the Committee requested the Government to provide information on whether there is an additional waiting period relative to strike notice before initiating a strike action and, if so, to indicate the duration, and to engage in full consultations with the social partners on the possible amendment of the IRO in order to resolve the issue concerning the labour judiciary system to the satisfaction of all the parties concerned.
2. 103. In a communication dated 29 April 2003, the Public Services International associated itself with the complainant organizations.
3. 104. In a communication dated 11 August 2003, the Employees’ Federation of Pakistan alleges that the management of the Employees’ Old-Age Benefits Institution (EOBI) is threatening office bearers of the EOBI Employees’ Federation of Pakistan by transferring them to far-flung places and creating hurdles to stop them pursuing a constitutional petition filed in the Sindh High Court. It indicates that the management has issued charge sheet letters to the members of the federation who are struggling for their constitutional and fundamental rights. The complainant organization further states that they have provided very convincing evidence of corruption, mismanagement and irregularities to the Ministry of Labour, as well as to other concerned authorities according to laid down procedure, but all in vain as no action was taken against the wrongdoers.
4. 105. In a communication dated 6 October 2003, replying to allegations raised by the Employees’ Federation of Pakistan, the Government indicates that EOBI has been excluded from the scope of IRO 2002 because it is an institution established for the welfare of workers and the experience proved that union activities were adversely affecting the working of EOBI, thereby increasing the administrative expenses of EOBI. The Government states that it considers it appropriate, in the interest of insured persons (workers) to exclude EOBI from the scope of IRO 2002 but assures that the legitimate rights and privileges of the workers of this institution will be given high priority by both the institution itself as well as the Ministry.
5. 106. With regard to the allegation that the management of EOBI is threatening office bearers of EOBI Employees’ Federation of Pakistan and creating hurdles to stop them from pursuing a constitutional petition filed in the Sindh High Court, the Government states that no office bearer of EOBI federation has been transferred from Karachi to another station in Pakistan. It further indicates that the EOBI Employees’ Federation of Pakistan is not being deprived of the right to pursue its case filed in the Sindh High Court, Karachi.
6. 107. With regard to the Committee’s recommendations, the Government reiterates that the draft of IRO 2002 was prepared in consultation with all stakeholders, i.e. employers federation of Pakistan, leading labour federations, workers/employers bilateral council, provincial governments and ministries concerned of the federal government.
7. 108. The Committee takes note of the information provided by the Government. The Committee recalls that the guarantee of the right of association should apply to all workers, with the only exception of police and armed forces [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 206]. Workers of EOBI, an institution established for payment of old-age pensions or workers’ welfare, should enjoy the right to establish and join organizations of their own choosing. The Committee once again requests the Government to amend its legislation in that respect. With regard to the alleged acts of anti-union discrimination against trade union officers in the EOBI Employees’ Federation of Pakistan, the Committee notes the contradictory information submitted by the Government and the federation. Recalling that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment, such as dismissal, demotion, transfer or other prejudicial measures and that this protection is particularly desirable for trade union officials [see Digest, op. cit., para. 696], the Committee asks the Government to conduct an independent investigation on the alleged situation in EOBI Employees’ Federation of Pakistan.
8. 109. The Committee regrets that no information was provided by the Government as concerns the Committee’s previous recommendations. It regrets that the Government has not been able to amend the IRO and refers to its earlier recommendations in this case and to the comments of the Committee of Experts in this regard. The Committee therefore requests the Government to engage in full consultations with the social partners in order to amend the IRO so as to bring it in to conformity with Conventions Nos. 87 and 98. It further requests the Government to keep it informed in this respect.