Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s report received in June 2010 which contained some replies to the matters raised in its 2008 observation.

Selection of employer and worker representatives. The Committee recalls the comments submitted by the Pakistan Workers Federation (PWF) in July 2009. The PWF referred to the principle set out in the Convention which provides that tripartite consultations are carried out with the most representative organizations of workers and employers. The PWF indicated that it has the largest membership of workers in the country and is duly registered and certified by the National Industrial Relations Commission. The PWF also maintained that the most representative organization of workers in terms of membership may not be excluded from tripartite consultations and its views should be taken into consideration. In its reply, the Government recognizes that there are a number of representative organizations of the employers and workers which are registered with the National Industrial Relations Commission and the Directorate of Labour Welfare in the provinces. The Government indicates that the most prominent organizations of employers and workers working at the national and provincial level are the Employers Federation of Pakistan (EFP), the All Pakistan Textile Manufacturing Association, the Pakistan Workers Confederation and the All Pakistan Federation of Trade Unions (APFTU). The Government also provided a list of different tripartite consultation bodies established under different labour laws. The Committee notes the Government’s statement indicating that the Federal Government and Provincial Governments do convene meetings, seminars and workshops on different labour issues. Representatives of employers and workers participate in brainstorming sessions on labour issues and forward their viewpoint and recommendations to the Government for policy decisions. The Committee asks the Government to provide further specific information on the manner in which the representatives of employers and workers are nominated and chosen for the purposes of tripartite consultations, indicating the representative organizations of employers and workers for the application of the Convention in Pakistan (Articles 1 and 3 of the Convention).

Tripartite consultations required by the Convention. The Committee notes that the Government has not provided information on effective tripartite consultations held on matters expressly set forth in the Convention. The Committee further recalls that Article 2 provides that each Member which ratifies the Convention must undertake to operate procedures which ensure effective consultations with respect to the matters set forth in Article 5(1) between representatives of the Government, employers and workers. The nature and the form of procedures are to be determined by each country in accordance with national practice, following consultations with representative organizations, where such procedures have not yet been established. The Committee asks the Government to provide information on how it gives effect to Article 2 and on the content and outcome of tripartite consultations held on each of the matters related to international labour standards listed in Article 5(1) of the Convention.