Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes the observations made by the All Pakistan Federation of Trade Unions. In this respect it would be grateful if the Government would provide information on the following matters: measures taken by the inspection services to enforce payment of wages in conformity with the minimum wages fixed by the Government (Article 3, paragraph 1(a), of the Convention) and to collaborate with the representatives of trade unions (Article 5(b)); action of provincial governments to ensure the implementation of labour laws on labour inspection (Article 3, paragraph 1(a), and Article 4); and steps taken by the Government to provide the necessary education and training, as well as modern facilities, to the inspectorate for it to carry out its functions properly (Article 7, paragraph 3, and Article 11).

2. The Committee notes that the Government's report has not been received. It further notes the observations made by the Pakistan National Federation of Trade Unions (PNFTU) that no effort has been made by either federal or provincial governments to improve the labour inspection service and that labour laws are not implemented in particular in the informal (unorganized) sector, which the PNFTU estimates to constitute almost 95 per cent of all workplaces. The Committee trusts the Government will take these additional observations into account in responding to its previous comments which read as follows:

Articles 12, 13, 14 and 15 of the Convention. Further to its previous comments, the Committee notes that the amendments to the Factories Act, 1934, the West Pakistan Shops and Establishments Ordinance, 1969, the Payment of Wages Act, 1936, and the Road Transport Workers Ordinance, 1961, have not yet been adopted to comply with the requirements of the Convention. In this regard the Committee draws the Government's attention to the observations made by the Pakistan National Federation of Trade Unions (PNFTU) that most establishments avoid inspection by maintaining the number of workers they have below the threshold for application of the law and as a result they are only subject to the unamended Ordinance of 1969. The Committee urges the Government to take the necessary measures for the early adoption of the legislation in question and it trusts all details will be provided with the next report.

Articles 10, 16, 20 and 21. Further to its previous comments the Committee notes that statistics on the number of the inspection staff are being collected from the provincial governments and will be included in future reports. The Committee hopes they will be published in the annual report of the central inspection authority as required by Article 21(b). It also hopes the Government will provide its comments on the observation made by the PNFTU that the inspection staff in every province is insufficient and inspection activity practically non-existent. The Committee trusts, in future, inspection reports will be published and transmitted to the ILO within the time-limits set in Article 20 and contain all information listed in Article 21, including statistics on the number of the inspection staff which should be sufficient to ensure that inspectors effectively discharge their duties (Article 10) and that workplaces liable to inspection are inspected as often and as thoroughly as necessary (Article 16).