Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - Pakistan (Ratification: 1953)

Autre commentaire sur C081

Observation

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The Committee notes the observations of Pakistan Workers’ Federation (PWF), received 4 September 2015. The Committee requests the Government to reply to these comments.

Articles 4 and 5(b) of the Convention. Supervision by a central labour inspection authority and determination of inspection priorities in collaboration with the social partners. The Committee previously noted the Government’s indication that the Ministry of Overseas Pakistanis and Human Resources Development was responsible for the coordination and supervision of labour legislation in the provinces. It noted that, during the discussion on the application of the Convention in 2014, several speakers at the Conference Committee on the Application of Standards (CAS) raised significant concerns regarding the lack of coordination between the provinces. The Committee subsequently noted the Government’s reply that a lack of coordination between labour departments and other stakeholders remained a challenge in the implementation of the Convention.

The Committee notes the Government’s statement in its report that the provincial governments are working towards a reformed labour inspection system through a tripartite mechanism where district tripartite committees will act as institutions overseeing labour inspection. The Government also reiterates that a national occupational safety and health (OSH) profile will be published in 2016, and that a labour inspection profile is under preparation with technical assistance from the ILO. The Committee urges the Government to take concrete steps to ensure coordination and cooperation in the undertaking of labour inspection, under the supervision and control of a central authority. The Committee once again requests the Government to provide information on the coordination mechanisms established in this regard. The Committee further requests that the Government provide information on the outcome of the national labour inspection profile, as well as other steps taken for the determination of the priorities of labour inspection, and to specify the role of the social partners in this process.

Articles 3(1)(a)–(b), 5(b) and 9. Labour inspection activities in the area of OSH, including in industrial undertakings, in the province of Sindh. The Committee previously noted that a joint action plan had been developed in the province of Sindh to address issues of labour inspection and OSH in view of serious accidents, particularly the factory fire in September 2012 that had resulted in the death of 300 workers. In that regard, it noted the concern expressed by some speakers during the discussion of the CAS in 2014 concerning the carrying out of third-party inspections by private auditing firms.

The Committee notes the Government’s information that a Sindh OSH policy was prepared in January 2015 and submitted to the provincial government. The Government states that currently, no regulatory regime exists for the monitoring of private auditing firms. It indicates that the outsourcing of responsibilities towards auditing firms has to change, and that there is a disturbing abdication of responsibilities on the part of the Government and of companies. In this regard, the Government states that it plans to regulate the working of these organizations so that such auditing increases workers’ welfare. The Committee requests the Government to continue to take measures to implement the Joint Action Plan in Sindh, with a view to strengthening labour inspection of OSH, including through the adoption of an OSH policy. The Committee also requests the Government to provide information on the steps it is taking with respect to the supervision of private auditing firms in the country, and information on the operation and activities of these firms including the scope of their activities, the number of such firms and the number of enterprises covered by their certification.

Article 18. Penalties for obstructing labour inspectors in the performance of their duties. The Committee previously noted that during the CAS discussion in 2014, several speakers indicated that penalties for the obstruction of labour inspectors in their duties were insufficent. It noted that with respect to factories, the provinces of Punjab and Khyber Pakhtunkhwa had established a fine of 20,000 Pakistani rupees (PKR) (approximately US$195) for obstructing the work of an inspector. With respect to mining, under the Mines Act, 1923, a person who obstructs an inspection in a mine may be liable for imprisonment for up to three months and a fine of up to PKR1,000 (approximately US$10).

The Committee once again notes the Government’s statement that the provinces of Sindh and Balochistan have prepared drafts to increase the penalties for this offence in factories. It notes the Government’s indication that in Khyber Pakhtunkhwa, 148 cases of obstruction of a labour inspector have been prosecuted, with 23 resulting in the application of penalties. In the province of Punjab, only one case resulted in prosecution, and no such cases were prosecuted in Sindh. The Committee requests the Government to take the necessary measures to ensure that legislation is adopted in each province providing for sufficiently dissuasive sanctions for the obstruction of labour inspectors in their duties in all sectors including mining, in conformity with Article 18 of the Convention. The Committee requests the Government to provide further information on cases relating to the obstruction of labour inspectors, disaggregated by province, including not only the number of prosecutions undertaken, but also their outcome and the specific penalties applied (including the amount of fines imposed).

Article 12(1). Free access of labour inspectors to workplaces. The Committee notes the Government’s statement that in the province of Punjab, labour inspectors do not generally face hindrances while carrying out inspections, and that in Khyber Pakhtunkhwa, labour inspectors are empowered to enter freely and without previous notice any workplace liable to inspection. The Committee notes with concern the information in the Government’s report indicating that since 2001, under administrative order, a letter is issued by the Chief Inspector of Factories (Director Labour Sindh) to a factory prior to an inspection in Sindh, which contains the date and time of the visit. The Committee accordingly requests the Government to take the necessary measures to remove the restriction in the province of Sindh on the undertaking of labour inspections without prior notice, in accordance with Article 12(1)(a) of the Convention. It also requests the Government to provide further information on the measures that are being taken in the province of Punjab to ensure that labour inspectors are empowered to enter any workplace liable to inspection freely and without previous notice at any hour of the day or night.

The Committee is raising other matters in a request addressed directly to the Government.