Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee notes the observations of the All Pakistan Federation of Trade Unions (APFTU) received on 31 August 2023, as well as the observations of the Pakistan Mine Workers Federation (PMWF), received on 7 September 2023. The Committee also notes the Government’s reply to the APFTU’s observations, received on 3 October 2023, in which it indicates that the points raised have been addressed in the Government’s report.

Article 3(1)(a) and (b) of the Convention. 1. Labour inspection and occupational safety and health (OSH). The Committee notes the adoption of the Balochistan Factories Act, 2021, the Balochistan Occupational Safety and Health Act, 2022 and the Khyber Pakhtunkhwa (KPK) Occupational Safety and Health Act, 2022. The Government indicates in its report that the Department of Labour in KPK envisages the establishment of an OSH centre to carry out OSH inspections. Furthermore, a consolidation of labour laws is underway in the Islamabad Capital Territory. The Committee requests the Government to continue to provide information on progress made regarding the OSH legislative framework under which OSH inspections are carried out in Pakistan. It requests the Government to provide copies of relevant legislation in the Islamabad Capital Territory once the consolidation of labour laws is finalized.

2. Private auditing firms. In reply to Committee’s previous request, the Government indicates in its report that there are no private auditing firms engaging in OSH inspections in Balochistan, Sindh, Punjab, and KPK. It indicates that in Balochistan, according to section 112 of the Balochistan Factories Act, 2021, an internal bi-partite inspection system is established in factories, consisting of two representatives each of management and workers to undertake periodical inspection. Similarly, in KPK an internal audit mechanism of the condition of occupational safety and health of the workers is in place in factories, and is conducted by employers. Taking due note of this information concerning the provinces, the Committee requests the Government to provide information on whether any private auditing firms perform audits in the area of OSH in the Islamabad Capital Territory, and if so, to provide information on their activities.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector. The Committee notes the information provided in the annual labour inspection reports of 2019, 2020 and 2021 on labour inspection activities in the mining sector. It also takes due note of the relevant information provided by the Government concerning the provinces of Balochistan and KPK in 2022. With regards to recruitment of mining inspectors, the Government indicates that the Department of Mines in Balochistan has 28 inspectors, after 12 new recent appointments. In KPK, there are 16 inspectors of mines responsible for inspecting over 3,000 mines across the province, including surface and underground mines. Furthermore, the KPK has approved eight additional posts for inspectors of mines in the merged Tribal Districts and Tribal Sub-Divisions, with recruitment currently underway. With regards to applicable fines, the Committee notes that the fines provided under sections 24 and 40 of the Mines Act, 1923 were increased through an amendment adopted in 2020.The Committee notes that in its observations, the PMWF points to a flawed mine inspection system leading to frequent mine accidents and worker fatalities. The PMWF stresses the importance of enhancing the system through tripartite consultation and amending mine safety laws for effective implementation, emphasizing clear regulatory responsibilities and accountability mechanisms. The APFTU highlights the urgent necessity for a strong, independent labour inspection system to guarantee safe working conditions, particularly for coal mine workers in Balochistan who still encounter a high rate of tragic accidents. Noting that the report of the Government does not address the issue raised by the APFTU, the Committee requests the Government to provide detailed comments in response to these observations. It requests the Government to continue to provide information on the number of inspection staff working in the Departments of Mines, the number of mines inspected, the number of violations detected, and the penalties applied, as well as the number of fatal and non-fatal accidents in the sector.The Committee also requests the Government to provide information on the measures taken to increase recruitment of mining inspectors in all provinces, and on any other measures taken to improve safety and health in the mining sector.

Article 7. Qualifications and training. Following its previous comment, the Committee notes that in Punjab, discussions are ongoing to establish rules specifying the qualifications for labour inspectors. The Department of Labour operates two training institutes providing OSH training to labour inspectors upon induction and before promotion. The Government indicates that specific qualification requirements apply to different categories of inspectors in Sindh. In KPK, the Department has conducted both internal and external training sessions in 2022, covering a wide range of topics. The Government indicates that in the Islamabad Capital Territory, there is need for comprehensive training to improve officials’ knowledge and skills, particularly in alignment with international best practices. In this respect, it requests the ILO’s assistance in organizing training sessions for relevant officers to enhance their competencies in labour inspection and enforcement. Taking note of this information,including the request for ILO assistance,the Committee requests the Government to indicate whether the Government of Punjab continues admitting officers into the Department of Labour from other departments of the district administration and the district police, to work as labour inspectors and if so, to provide information on the manner in which it is ensured that the new officials assigned to the Department of Labour performing the function of labour inspectors have adequate qualifications to perform effectively their inspection duties, in accordance with Article 7 of the Convention. The Committee requests the Government to continue to pursue its efforts to ensure that inspectors receive adequate training for the performance of their duties and to provide more specific information on the content, frequency and duration of the training given to inspectors, as well as the number of participants.

Article 8. Eligibility of men and women for appointment to the inspection staff. The Committee notes the Government’s indication that, with respect to the appointment of inspectors, equal opportunity is provided to men and women to apply. It notes the information in the 2019, 2020 and 2021 annual labour inspection reports on the number of female labour inspectors in the Departments of Labour and Departments of Mines in all provinces, observing that they are a very low percentage. In the Departments of Labour there are 15 women inspectors in Punjab, four in Sindh, six in KPK with an additional female Deputy Director and one female Assistant Director, one statistical officer and a few other office staff. The Government indicates that in Balochistan, the number of female labour inspectors in the Labour Department increased from 2 to 5. On specific measures taken to increase the number of female inspection staff, the Government of Sindh increased the quota for women from 5 per cent to 15 per cent in all government posts. In Balochistan females have a quota of 5 per cent for the appointment for announced posts. The Committee notes that KPK is in the process of recruiting female labour inspectors, with five female labour officers in the final stages of induction under the reserved female quota of 10 per cent. In its observations, the APFTU highlights the need of appointing a greater number of women labour inspectors to enhance diversity and representation within the labour inspection workforce. The Committee requests the Government to continue to provide information on its efforts to increase the number of female inspection staff, including additional measures taken or contemplated, and the results thereof.

Article 11. Financial and material means, including transport facilities. The Committee takes note of the detailed information provided on measures taken to improve the situation with regard to transport facilities and allowances in Punjab, Balochistan and KPK. However, it notes that the available transport facilities remain low. The Committee requests the Government to provide information on any measures envisaged or adopted to ensure that sufficient budgetary resources are allocated for the labour inspectorate and specifically to strengthen the transport facilities available to inspectors in all provinces and the Islamabad Capital Territory. It requests the Government to provide further detailed information on the transport facilities available to labour inspectors in each province, and the total amount spent on travel allowances each year.

Articles 17 and 18. Effective enforcement. Sufficiently dissuasive penalties for labour law violations. The Committee welcomes the information provided in the annual labour inspection reports of 2019, 2020, 2021 regarding the number and types of infringements detected, the number and types of penalties imposed under various laws, the number of cases reported to the police for further investigation and prosecution, the judicial outcomes and the number and amounts of fines imposed by the Departments of Labour and Departments of Mines of each province. The Committee notes that in its report the Government provides relevant information also for 2022 for all provinces, but not for the Islamabad Capital Territory. Concerning the Committee’s previous request regarding progress made to provide increased penalties, the Committee notes with interest the Government’s reference to: (i) the 18th amendment of the Sindh Minimum Wages Act, 2015, which raised the applicable penalties for obstructing inspectors; and (ii) increased fines provided under the new Balochistan Factories Act, 2021. The Committee requests the Government to continue to provide information in relation to each of the provinces on the number of violations detected, the number of infringement reports issued, the number of cases brought to the courts, and subsequent convictions, and both the number and amount of the fines imposed, and to provide information on the proportion of imposed fines that are paid in practice for each province.The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the level of fines and other penalties for labour law violations and the obstruction of labour inspectors in their duties in each of the provinces are sufficiently dissuasive.

Articles 20 and 21. Publication of an annual inspection report. The Committee notes that the annual inspection report from the different provinces is regularly sent to the Ministry of Overseas Pakistanis and Human Resource Development for compilation and publication. In this respect, it notes with interest that the 2019, 2020 and 2021 annual labour inspection reports were communicated to the Office in accordance with Article 20, containing information on all the subjects listed in Article 21 for the four provinces and the Islamabad Capital Territory. With regard to publication of the reports at provincial level, the Committee notes that the province of Sindh aims to reengage in the practice of publishing annual inspection reports as was done a decade ago. It also notes that for Balochistan, the annual labour inspection report will also be uploaded on the website of the provincial Department of Labour. The Committee requests the Government to continue to regularly publish and communicate to the ILO the annual labour inspection reports.

[The Government is asked to reply in full to the present comments in 2024.]