Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 353, Marzo 2009

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

1. 165. The Committee last examined this case at its June 2008 meeting [see 350th Report, paras 130–132]. On that occasion, it requested the Government to transmit a copy of the passages in the report of the Banking Law Review Commission relating to the draft Banking Law and to keep it informed of the progress made in respect of the law amending the Banking Companies Act. The Committee deplored that since 2005, the Government had failed to submit its comments on other outstanding issues and therefore urged the Government to provide information with regard to: (1) the decision taken by the High Court with respect to the prevalence of the 2002 Industrial Relations Ordinance (IRO) 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 United Bank Limited (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).
2. 166. In a communication dated 23 December 2008, the complainant denounces that the Government has not taken any action with regard to the Committee’s recommendations since the case was last examined: trade union leaders in the UBL have not been reinstated and no progress has been made regarding section 27-B of the Banking Companies Act so as to ensure that trade unions can carry out their activities.
3. 167. In a communication dated 1 November 2008, the Government explains that the State Bank of Pakistan is now working on the draft Banking Law and it will inform the Committee accordingly when the new legislation will be finalized. Regarding the High Court decision in respect of the prevalence of the IRO 2002 over the Banking Companies Act, the Government states that the High Court is of the view that section 27-B of the abovementioned legislation has precedence over the provisions of the IRO. Regarding the allegations of anti-union dismissals at UBL, the Government explains that an independent inquiry took place and revealed that none of the ex-employees had been dismissed nor their employment contract terminated on account of trade union activity.
4. 168. The Committee takes note of the information provided by the complainant and the Government. Regarding the decision taken by the High Court in respect of the prevalence of the IRO over the Banking Companies Ordinance, the Committee requests the Government to provide a copy of the judgement rendered. The Committee notes that the State Bank of Pakistan is still working on the draft Banking Law. The Committee expects that this process will be soon finalized and that the new legislation will ensure that trade unions can carry out their activities in full freedom and the right to collective bargaining, and draws the legislative aspect of this case to the Committee of Experts on the Application of Conventions and Recommendations.
5. 169. Regarding the allegations of anti-union dismissals at the UBL, the Committee notes the Government’s indication that an independent inquiry took place and revealed that none of the ex-employees had been dismissed for anti-union motives. The Committee requests the Government to provide a copy of the report of the inquiry and to specify the members of the inquiry and whether the trade union (UBL employees’ trade union), the members of which have been dismissed, was appropriately consulted.