Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Pakistan (Ratification: 1951)

The Committee notes the information provided by the Government in its report. It also notes the statement of the Government representative to the 1998 Conference Committee on the Application of Standards and the discussion which took place therein.

1. Employees in civil aviation and at the Pakistan Television and Broadcasting Corporations. With reference to its previous comments, the Committee takes note of the Supreme Court judgement in respect of the Union of Civil Aviation Employees, as well as the employees of the Pakistan Television and Broadcasting Corporations (PTVC and PBC), which restores the rights of these employees to organize and to bargain collectively. It further notes the Government's indication that this judgement has been honoured by the bodies concerned and trade union activities have been restored in respect of these employees. The Committee notes with regret, however, from paragraph 33 of this judgement that these employees cannot go on strike or take other industrial action in the absence of statutory backing.

The Committee must once again recall in this regard that the right to strike, may only be restricted in respect of essential services, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, for public servants exercising authority in the name of the State and in cases of acute national crisis. It requests the Government to indicate the measures taken or envisaged to ensure that employees of the civil aviation authority and of the Pakistan Television and Broadcasting Corporations, to the extent that they do not fall within the above-mentioned definition of essential services in the strict sense of the term, may take industrial action without penalty. The Government may consider in this regard the establishment, in consultation with the workers' organizations concerned, of a negotiated minimum service to meet basic needs or to ensure that facilities are operated safely.

2. Amendment to the Banking Companies Ordinance. The Committee notes the confirmation in the Government's report that the amendment to section 27-B of the Banking Companies Ordinance, 1962, providing that only employees of the bank in question can become members or officers of the bank union was made to control the disruptive activities in the banking sector in the public interest and to maintain the viability of the economy. The Government asserts that this section does not bar trade union activities nor does it in any way interfere with such activities.

While noting the Government's request to consider the special circumstances for Pakistan banks in this regard, the Committee must recall that provisions which require all candidates for trade union office to belong to the respective occupation, enterprise or production are contrary to the guarantees set forth in Article 3 of the Convention and infringe the organization's right to elect representatives in full freedom by preventing qualified persons, such as full-time union officers or pensioners, from carrying out union duties or by depriving unions of the benefit of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks (see General Survey on freedom of association and collective bargaining, 1994, paragraph 117). The Committee further notes with great concern that section 27-B(2) provides that a violation of this section is punishable with up to three years' imprisonment. Recalling that the legislation may be made more flexible either by admitting as candidates persons who have previously been employed in the occupation concerned, or by exempting from the occupational requirement a reasonable proportion of the officers of an organization, the Committee expresses the firm hope that the Government will give serious consideration to amending this provision so as to ensure that workers have the right to elect their representatives in full freedom along the lines mentioned above.

3. Export processing zones. With reference to its previous comments concerning the denial of the rights guaranteed by the Convention for workers in export processing zones (section 25 of the Export Processing Zones Authority Ordinance, 1980, and section 4 of the Export Processing Zone (Control of Employment) Rules, 1982), the Committee notes the statement in the Government's report that this is not a permanent feature and that these exemptions will be withdrawn by the year 2000. The Government adds that express agreements with investors which provide reciprocal obligations are to be honoured and make it unlikely that the Export Processing Zones Authority provision will be lifted before 2001. The Committee recalls that the provisions of this Convention should apply to all workers, without distinction, including workers in export processing zones, and requests the Government to indicate in its next report the progress made in ensuring the rights guaranteed by this Convention to workers in EPZs.

4. Higher-level public servants. With reference to its previous comments concerning the exclusion of public servants of Grade 16 and above from the scope of the Industrial Relations Ordinance (IRO), 1969 (section 2(viii) (special provision)), the Committee notes the statement in the Government's report that this Convention needs to be read with Convention No. 98 and that such workers are exempted from the latter. The Committee must recall, however, that under Article 2 of this Convention, all workers, without distinction whatsoever, shall have the right to form and join the organization of their own choosing. The Committee further recalls that it has considered it to be admissible for first-level organizations of public servants to be limited to that category of workers, provided that their organizations are not restricted to any particular ministry, department or service and that they may freely join federations and confederations of their own choosing. As concerns the capacity of these workers as supervisors, the Committee recalls that restrictions may be placed on the right to organize of managerial or supervisory staff provided that such workers have the right to form their own organizations to defend their interests and that the category of executive and managerial staff is not so broadly defined as to weaken the organizations of other workers by depriving them of a substantial proportion of their actual or potential membership (see General Survey, op. cit., paragraphs 86-88). It therefore expresses the firm hope that the Government will take the necessary measures to ensure that public servants of Grade 16 and above enjoy the right to organize in accordance with the above-mentioned principles.

5. Public utility services. As concerns the possibility for the government authorities to prohibit strikes in public utility services (sections 32(2) and 33(1) of the IRO), the Committee notes the Government's indication that such restrictions are necessary to check strikes at some point of time and which may be of national importance. The Committee requests the Government to indicate whether this authority has been used in recent years and, if so, in respect of which public utilities.

6. Definition of "workman" in the IRO and the use of artificial promotions. As concerns the exclusion from the definition of workers in the IRO, and thus of the right to join a trade union, of persons employed in an administrative or managerial capacity whose wages exceed 800 rupees per month (when the national minimum wage was fixed in 1995 at 1500), the Committee notes the Government's indication of its cognizance of this matter and its statement that an amendment is only possible with interministerial and tripartite consensus. According to the Government, workers have the right to form trade unions regardless of the upper wage limit which is only relevant to those working in a supervisory capacity. The Committee recalls in this respect however its previous comments concerning artificial promotions used as an anti-union tactic in the banking and finance sector. While noting the Government's indication that the State Bank of Pakistan has reported that no artificial promotions have taken place in five major banks and that workers have the right to refuse such promotions, the Committee must still express its serious concern that the definition of worker in the IRO may give rise to anti-union acts on the part of the employer in order to limit the strength of unions in their enterprise. It expresses the firm hope that the Government will be in a position in its next report to indicate the progress made in amending this definition so as to ensure that only those with true managerial and supervisory capacity may be excluded from workers' unions.

7. Hospital workers. For several years now the Committee has raised its concern in respect of the denial of the right to form trade unions for employees in public and private sector hospitals. In its latest report, the Government indicates that the abuse of authority acquired as a result of trade unionism particularly in the case of hospitals is detrimental to the full and timely care of patients. On numerous occasions the Committee has recalled that the right to organize for hospital workers does not necessarily imply the recognition of the right to strike for such workers who may be restricted in this regard as an essential service in the strict sense of the term. The Committee therefore expresses the firm hope that the Government will give serious consideration to ensuring, in the very near future, the right to organize for employees in public and private sector hospitals.

8. Forestry and railway workers. As concerns its comments in respect of the denial of the right to organize of forestry workers and railway employees, the Committee notes the Government's indication that while forestry workers do not have the right to form trade unions under the IRO, they do have the right to form associations. Being declared as state employees, however, they are exempted from undertaking trade union activities within the meaning of Convention No. 98. As for railway workers, the Government states that only the 18 sections of railway lines which were classified as defence installations are excluded from the IRO. The Committee must once again recall its previous comments in which it indicated that railway workers could not be considered to be part of the armed forces for the permissible exclusion under Article 9. It expresses the firm hope that the Government will take the necessary measures in the near future to ensure the full right to organize for these workers, as well as the rights of their organizations to carry out their administration and activities and formulate their programmes without government interference, in accordance with Articles 2 and 3.

9. List of essential services. As concerns the Pakistan Essential Services (Maintenance) Act, 1952, the Committee notes from the Government's report that the list of services prohibited from strike by virtue of this Act has been reduced to five, three of which concern the supply of electrical power. The Committee requests the Government to provide a copy of the relevant text making enforceable this new restricted list and to give further consideration to deleting from this list the Pakistan Security Printing Corporation and Security Papers Limited and Dr. Khan Research Laboratories insofar as they are not essential services in the strict sense of the term. The Government is also requested to indicate in its next report the services currently covered by the 1958 West Pakistan Essential Services (Maintenance) Act and the Punjab and Sindh Essential Services (Maintenance) Acts.

The Committee must recall that it has been making comments on the above-mentioned discrepancies with the Convention for many years now. The Committee expressed the firmest hope that the Government will take the necessary measures in the very near future to bring the legislation into conformity with the Convention on these matters and requests it to indicate in its next report the progress made in this regard.