Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 338, Novembre 2005

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

1. 275. The Committee last examined this case at its March 2003 meeting [see 333rd Report, paras. 102-109]. On that occasion, it recalled that workers of the Employees’ Old-Age Benefits Institution (EOBI) should enjoy the right to establish and join organizations of their own choosing and requested the Government to amend the Industrial Relations Ordinance of Pakistan (IRO) of 2002, accordingly. It further requested the Government to conduct an independent investigation into the alleged acts of anti-union discrimination against trade union officers of the EOBI Employees’ Federation of Pakistan. The Committee regretted that the Government had not been able to amend the IRO and, in particular, its sections 1(4), 3(1)(d), 18, 19(1), 20(11), 49(4)(e) and 65(5) and requested the Government to engage in full consultations with the social partners in order to amend the IRO so as to bring it into conformity with Conventions Nos. 87 and 98 and to resolve the issue concerning the labour judiciary system. It further regretted that no information was provided by the Government in respect of the waiting period relative to the strike.
2. 276. In its communication of 24 June 2005, the Government reiterated that the amendments to the IRO 2002 were prepared following full and frank consultations with the stakeholders and forwarded its observations on the previous recommendations of the Committee.
3. 277. With regard to the Committee’s recommendation 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, the Government submitted that the IRO 2002 was applicable to the Bata Shoes company and that it was planning to make certain amendments to section 1(4) of the IRO, keeping in view the international commitments and security concerns of the country in the present state of war against terrorism.
4. 278. As concerns the Committee’s request to amend the IRO so as to ensure that workers’ organizations are allowed to determine themselves whether they wish to join a federation (section 3(1)(d)) and, if that is the case, to enjoy the right to establish and join the federation of their own choosing, the Government indicated that it was in the process of amending its legislation.
5. 279. As concerns the Committee’s request to repeal section 19(1) of the IRO, which imposed measures of administrative control over trade union assets, the Government stated that the audit was necessary for financial discipline. It indicated that section 19(1), which related to the audit of accounts of trade unions, did not impose any administrative control over trade unions. The Government considered that it was rather a question of a simple verification that the receipt from the poor workers was properly and fairly utilized for the purpose of their welfare and in accordance with the charter of the union. This section did not discriminate any particular union. However, the Government had proposed to amend the law so as to give the right of choice of an auditor to trade unions. It further indicated that only the accounts of a collective bargaining agents having membership of 10,000 or more (as opposed to 5,000 previously) would be subject to an external audit.
6. 280. As to the request of the Committee to lower the minimum requirement of ten trade unions, with at least one from each province, for establishment of a national federation (section 18), the Government stated that this number was being lowered to four, one from each province.
7. 281. In respect of the Committee’s request to repeal section 65(5) of the IRO, which stipulated the disqualification of a trade union officer from holding any trade union office for the following term for committing an unfair labour practice and covered a wide range of conduct not necessarily making it inappropriate to hold a position of trust, the Government explained that not all types of unfair labour practice enumerated in section 64 debarred the office bearer from re-election. Section 65(4) referred only to clause (d) of section 64, which defined unfair labour practice as an act of compelling or attempting to compel the employer to accept any demand by using intimidation, coercion, pressure, threat, confinement or ouster from a place, dispossession, assault, physical injury, disconnection of telephone, water or power facilities or by such other methods.
8. 282. With regard to the Committee’s request to amend the IRO so as to enable the review of the factual bases on which the power to represent workers in collective bargaining was granted to unions if there is a change in the relative strength of unions competing for that right, the Government stated that it was considering to lower from one-fourth to one-fifth the number required for registration of a trade union at the enterprise where two or more registered unions already exist.
9. 283. As to the request to amend the IRO so as to allow workers to seek legal remedies against the acts of anti-union discrimination at any time, and not only during an industrial dispute (section 49(4)(e)), the Government indicated that it had been proposed to restore the competence of the National Industrial Relations Commission to grant interim relief to the aggrieved party.
10. 284. As concerns the Committee’s request 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, the Government indicated that there was a provision for seven days notice before initiating a strike.
11. 285. Finally, as to the Committee’s request 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, the Government indicated that, on the demand of the stakeholders of the last Pakistan Tripartite Labour Conferences, the Labour Appellate Tribunal was abolished by the IRO 2002. However, following recent demands of workers, the Government was considering to revive the said forum.
12. 286. The Committee takes notes of this information and, in particular, of the intent of the Government to amend several provisions of the IRO and to resolve the issue concerning the labour judiciary system, as requested by the Committee. It further notes the Government’s intention to amend section 1(4) of the IRO and trusts that the measures taken will enable the EOBI workers rapidly to enjoy the right to establish and join organizations of their own choosing. It requests the Government to keep it informed of the progress made in this regard. The Committee refers the legislative aspects of this case, in particular as regards the numerous proposed amendments to the IRO, to the Committee of Experts on the Application of Conventions and Recommendations.
13. 287. The Committee regrets that no information was provided by the Government on the alleged acts of anti-union discrimination against trade union officers of the EOBI Employees’ Federation of Pakistan or on the measures taken to conduct an independent investigation in this respect. The Committee therefore reiterates its previous recommendation and requests the Government to keep it informed of developments in this respect.