LAHORE, Oct 11: The federal government is being pressured by trade unions of the country and the Geneva-based International Labour Organization to amend the ‘anti-worker and pro-industrialist’ Industrial Relations Ordinance 2001.
The Pakistan Workers Confederation (PWC), a nine-federation front of industrial workers, and other trade unions have lodged separate complaints with the ILO for pressuring Islamabad for amending at least 20 provisions of the IRO-2001.
The ILO, which took exception to the IRO at a recent meeting, has not only asked the government to amend the law but gone to the extent of clarifying to Islamabad that even the employees of armed forces involved in civil works qualify to form trade unions.
The PWC has written a number of letters to the Ministry of Labour and Manpower seeking changes in the IRO. The confederation has also found some enlightened industrialists —- some of them representing the Workers-Employers Bilateral Council of Pakistan (WEBCOP) —- sympathetic towards its demands.
According to sources, these industrialists are prepared to allow workers the right to form associations and indulge in collective bargaining, seek improvement in the labour judicial system and give in on various definitions of unfair labour practices. Such indications are believed to have already been sent to the government.
Trade unions in the country allege that the government has imposed the IRO contrary to the recommendations of a tripartite meeting called for the purpose. The new IRO, they allege, has been tailor-made to suit the industry in this era of globalization of economy, the World Trade Organization and free market regimes.
The ILO sent its observations and recommendations to the federal government after examining the complaints of All-Pakistan Federation of Trade Unions, the Pakistan National Federation of Trade Unions and the EOBI Employees Federation of Pakistan, who were able to get the support of world bodies like the International Confederation of Trade Unions and the International Transport Workers Federation. The government of Pakistan, which was also invited to the meeting by the ILO, was said to be in an embarrassing position for it had more or less no argument to satisfy the Geneva-based organization.
A major complaint of the trade union bodies was that the new IRO had abridged the rights of the workers of a number of departments by declaring the latter as essential services. They included the Bata Shoe Factory, which supplied footwear to the armed forces, the Pakistan Security Printing Corporation, the Pakistan Security Papers, the Pakistan Mint, the Pakistan Railways open-line establishment, PIA, seaports, airports, export processing zones, watch-and-ward and security staff of oil refineries, gas and oil establishments, the Karachi Electric Supply Corporation and workers and tillers of land.
Observing that these establishments could not be declared as essential services, the ILO said their workers had every right to form trade unions and indulge in collective bargaining. Referring to the Convention 87, which Islamabad had ratified, the ILO said Pakistan was obliged to bring all laws in conformity with this convention.
As for IRO’s curtailing the right to go on strike, the world body said such a right could not be taken away as it also formed an essential component of the convention. The ILO has sought an explanation from the government why the period for strike notice has been extended. It has asked Islamabad to suitably amend the law to ensure this fundamental right of workers.
Taking exception to the administrative control over trade unions and their assets by way of requiring them for internal audit, the ILO called for repeal of this provision and said such a control should not exceed the obligation of submitting periodical reports on the issue. It also said the control might be misused to intimidate workers, which would be a negation of their right of electing their representatives in a free atmosphere.
The complainant trade unions also pointed out those provisions of the IRO which had taken away the powers of National Industrial Relations Commission (NIRC) to grant relief to the agitating workers during an industrial dispute, curtailed powers of labour courts regarding reinstatement of victimized workers, vested in employers powers of taking action against any worker or office-bearer under the pretext of unfair labour practices and keeping the workers getting a monthly wage of less than Rs3,000 away from the facilities available under labour welfare laws.
Urging the government to engage all the social partners in a wide-ranging discussion on the IRO issue, the ILO said there should be a comprehensive labour judiciary to redress the grievances of industrial workers.
The ILO has suggested that the consultative process should be undertaken by a committee comprising at least one representative of each province.































