Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour Inspection Convention, 1947 (No. 81) - Pakistan (Ratification: 1953)

Articles 4(2), 5(a), 10 and 16 of the Convention. Supervision and control by central labour inspection authorities at the provincial levels. Number of labour inspectors and labour inspections. The Committee previously noted from the 2016 national occupational safety and health (OSH) profile published by the Ministry of Overseas Pakistanis and Human Resources Development that there continued to be a serious shortage of labour inspectors in relation to the number of workplaces liable to inspection. One of the recommendations in that profile concerned the creation of independent labour inspection authorities (separate from the provincial labour departments currently acting as central authorities) at the provincial levels with sufficient human and financial resources. The Committee notes the Government’s indication in its report, in reply to the Committee’s previous request, that there are currently no resources to set up independent labour inspection entities at the provincial levels, but that it is proposed to increase the number of labour inspectors in all provinces. The Government indicates that: (i) in Khyber Pakhtunkhwa, it is proposed to recruit 41 new inspection staff (in addition to the existing 108); (ii) in Punjab, it is recommended to increase the current number of labour inspectors from 71 to 95; (iii) in Balochistan, there are constant efforts to increase the number of labour inspectors every year; and (iv) in Sindh, it is proposed to improve the labour inspection system and increase the number of labour inspection visits in the area of OSH. The Committee once again urges the Government to pursue its efforts to increase the number of labour inspectors, to provide information on the resources committed and concrete measures taken in this respect, and to provide detailed information on the number of labour inspectors in each province. Recalling that the labour inspection system shall be placed under the supervision and control of a central authority, the Committee requests the Government to provide information on any measures taken or envisaged to strengthen the central authority, including measures to give effect to the recommendations in the national OSH profile to create independent labour inspection authorities.

Coverage of workplaces by labour inspections. Private auditing firms. The Committee previously noted that during the discussion in the Conference Committee on the Application of Standards (CAS) in 2014, some speakers expressed concern with regard to the carrying out of third-party inspections by private auditing firms, and it subsequently noted the Government’s statement that the outsourcing of responsibilities towards those firms had to change. Concerning its previous request on the operation of private auditing firms, the Committee notes the Government’s indication that in Sindh, the applicable legislation does not permit the conduct of inspections by private auditing firms. The Committee also notes the Government’s statement that private and public auditing firms (which are accredited by the Pakistan National Accreditation Council (PNAC)) might be a useful means in strengthening the labour inspection system, and that the PNAC regularly conducts surveillance to ensure that these firms have the necessary capacity. In this respect, the Committee would once again like to emphasize that while private auditing may contribute to addressing compliance gaps, such initiatives may only be complementary to, but not replace, public labour inspection. Because the Government has not provided a response in this respect, the Committee once again requests the Government to provide information on whether the enterprises that have been subject to compliance assessments by private auditing firms continue to be liable to labour inspection in law and practice. It requests the Government to provide more detailed information on the surveillance measures undertaken by the PNAC to guarantee independent compliance assessments by these firms. The Committee also once again requests the Government to provide information on whether the Government promotes cooperation between the labour inspection services and the private auditing firms.

Article 12(1). Free access of labour inspectors to workplaces. The Committee previously noted with concern the Government’s indication that since 2001, under administrative order, a letter is issued by the Chief Inspector of Factories (Director of Labour) to a factory prior to an inspection in the province of Sindh, which contains the date and time of the visit. It also noted the observations made by the Pakistan Workers’ Federation (PWF) that labour inspections had practically been discontinued in the province of Sindh and that 2.3 million workers in that province suffered from occupational accidents every year. The Committee further noted from the 2016 OSH profile, that restrictions in the form of prior notice appeared to continue to be a problem in some areas in Punjab. In this respect, the Committee notes with concern that the 2017 Sindh Occupational Safety and Health Act does not give effect to Article 12 of the Convention in that section 19 of that Act does not empower labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and that it restricts the conduct of inspection visits to “any reasonable time” (and only permits entry “at any time” in situations that are or may be dangerous). The Committee also notes the Government’s statement that prior notice for inspection is in no way in conflict with free access. The Government states that there is no obligation in the legislation to issue notices prior to inspections; however it indicates that such notifications are useful means to ensure that employers are not “unduly harassed” and that the “high handedness” of labour inspectors may be curbed that way. The Committee would like to recall from its 2006 General Survey on Labour inspection, paragraph 263, the Committee indicated that unannounced visits enable the inspector to enter the inspected premises without warning the employer or his or her representative in advance, especially in cases where the employer may be expected to attempt to conceal a violation, by changing the usual conditions of work, preventing a witness from being present or making it impossible to carry out an inspection. The Committee urges the Government to take the necessary measures, in accordance with Article 12(1)(a) and (b), to empower labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and to enable the conduct of a sufficient number of unannounced inspection visits in practice in the province of Sindh. Noting that the Government has not provided the requested information, the Committee also once again requests the Government to take the necessary measures to ensure that labour inspectors in the province of Punjab are empowered to enter any workplace liable to inspection freely and without previous notice at any hour of the day or night. Further, noting that the Government has not provided the requested statistics, the Committee also once again requests the Government to provide information on the number of inspections conducted without prior notice in the provinces of Sindh and Punjab (compared with the numbers conducted with prior notice), including any violations detected, sanctions applied, and corrective measures taken as a result of inspections conducted without prior notice.

Articles 17 and 18. Effective enforcement. The Committee previously noted the observations made by the PWF that the enforcement activities of the labour inspectorate were trivial. It also noted the trade union’s reference to statistics showing that in Sindh, only 12 penalties were imposed in 2014, although there were 8,572 factories registered in that province. The Committee notes that the Government provides the requested statistical information, in response to the Committee’s request, with regard to the province of Punjab (during the period of 2017–18), on the number of violations detected, the number of violations which resulted in prosecution and the value of fines imposed (10,515 inspections resulting in 16,139 prosecutions and 1,814,530 Pakistan rupees in fines (approximately US$13,571)). The Committee notes with regret, however, that the Government does not provide the requested statistical information in relation to the other provinces. The Committee urges the Government to provide information in relation to each of the provinces on the number of violations detected, the corresponding number of violations which resulted in prosecution, and subsequent convictions, and both the number and average amount level of the fines imposed.

Sufficiently dissuasive penalties. The Committee notes that the Government refers, in reply to the Committee’s request for information on the progress made concerning the adoption of draft legislation providing for increased penalties in Balochistan, to two pieces of draft legislation pending approval by the new cabinet in that province. The Committee also notes from the information provided by the Government that there are no changes to the penalties provided for under the Mines Acts, 1923 in the provinces. However, the Committee notes that one of the recommendations during a meeting of the Chief Inspectors of Mines in June 2018 in the framework of the ILO project on Strengthening the Labour Inspection System in Pakistan, concerned the updating of the legislative framework governing the mining sector. The Committee requests the Government to continue to provide information on the progress made with respect to increasing the level of fines and other penalties in the legislation of the province of Balochistan, and to provide information on any changes made to the penalties for labour law violations provided for in the Mines Acts of each of the provinces.

Article 18. Penalties for obstructing labour inspectors in the performance of their duties. The Committee previously noted that during the discussion in the CAS in 2014, several speakers indicated that penalties for the obstruction of labour inspectors in their duties were insufficient. In this respect, the Government previously noted that three provinces (Punjab, Khyber Pakhtunkhwa and Sindh) had revised their respective Factories Acts to increase the fines for obstructing the work of inspectors, and that it was also proposed to increase the relevant penalties in the Factories Act of Balochistan.

The Committee notes the information provided by the Government in response to its request that the increased fines for obstruction in Punjab (20,000 Pakistani Rupee, approximately US$149) have already resulted in fewer instances of obstruction of labour inspectors, and that some instances of obstruction were penalized with fines. The Committee notes the Government’s indication that it is not possible to provide disaggregated information on the obstruction of labour inspectors in Khyber Pakhtunkhwa, and the Committee observes that the Government has not provided any relevant information in relation to the provinces of Sindh and Balochistan. The Committee requests the Government to continue to take measures to ensure that the legislation in the province of Balochistan provides for sufficiently dissuasive sanctions for the obstruction of labour inspectors in their duties. The Committee once again requests the Government to provide detailed information on the applicable penalties concerning cases of obstruction provided for in the Mines Acts in the provinces. Noting that the Government has provided general information in relation to one province, and no information in relation to the other provinces, the Committee also once again requests the Government to make every effort to provide information on cases relating to the obstruction of labour inspectors in their duties in practice, in relation to each of the provinces, including the specific number of instances of obstruction, the number of prosecutions undertaken, their outcome and the specific penalties applied (including the amount of fines imposed).

Articles 20 and 21. Publication of an annual inspection report. The Committee notes that once again no annual report on the work of the labour inspection services has been communicated to the Office. It notes the Government’s indication that the Ministry of Overseas Pakistanis and Human Resources Development is working on the compilation of the annual labour inspection report in coordination with the provinces, and that the report will be submitted once all the information is available. The Committee urges the Government to pursue its efforts to ensure that the central labour inspection authority in each province publishes an annual labour inspection report, pursuant to Article 20, and that these reports are communicated to the ILO, either separately or in a compiled form, pursuant to Article 20(3). It also once again encourages the Government to take the necessary steps to ensure that the annual report(s) contain(s) full information on the subjects set forth in Article 21.

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