KARACHI, May 30: The International Labour Organization, expressing concern over the promulgation of the Industrial Relations Ordinance 2002, has asked the government to repeal several of the IRO’s sections and amend some others to make it in conformity with the ILO conventions signed by the government, it is learnt.
According to sources, the ILO has made the “request” to the government after a workers body — the Pakistan National Federation of Trade Unions — approached it and pointing out that the IRO 2002 was not in conformity with the ILO conventions, urged the international body to register a case against the Pakistan government.
Almost all trade unions and representatives of the workers in nearly all their speeches at seminars, symposiums, public meetings and other forums have rejected the IRO 2002 and terming it an anti-worker law have been demanding that it be repealed.
In its communication to the government, the ILO has asked that since the measures of administrative control over trade union assets, such as financial audits, should be applied only to exceptional cases, it has requested that the government take necessary measures to repeal Section 19 (1) of the IRO.
The ILO says that since the disqualification of a trade union official from holding any trade union office for committing an unfair labour practice — which covers a wide-range of conduct not necessarily making it inappropriate for persons found guilty to hold a position of trust, such as trade union office — runs counter to the right of workers to elect their representatives freely, the ILO has asked for the repeal Section 65 (5) of the IRO.
The ILO has requested the government to amend its legislation to ensure that workers’ organizations are allowed to determine themselves whether they wished to join a federation and if so, to enjoy the right to establish and join the federation of their own choosing.
The ILO has requested the government to amend its legislation so as to allow workers to seek legal remedies against acts of anti-union discrimination at any time and not only during an industrial dispute.
The ILO has said that considering that if there is a change in the relative strength of unions competing for the power to represent workers exclusively for collective bargaining purposes, then it is desirable that it should be possible to review the factual bases on which that power was granted. The ILO requested the government to take necessary measures so as to amend the IRO accordingly.
The ILO has also requested the government to engage in full consultations with the social partners on the possible amendment of the IRO to resolve the issue concerning the labour judicial system to the satisfaction of all the parties concerned.
The ILO has also requested the government to take necessary measures to lower the minimum requirement of 10 trade unions, with at least one from each province, for the establishment of a national federation, which it considers as excessively high.
The ILO has requested the government 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 ILO has further requested the government to keep it informed of the measures taken are envisaged on the above mentioned matters.
The ILO said the importance should be attached to full and frank consultation taking place on any question or proposed legislation affecting trade union rights. The ILO trusts that any future consultations with social partners regarding legislation affecting trade union rights will be carried out to the satisfaction of all the parties concerned.
The Pakistan National Federation of Trade Unions, in its formal complaint with the ILO against the IRO 2002, has said that not only it is contrary to the constitution of the country but is also not in conformity with the ILO Conventions 87 and 98, which had been ratified by Pakistan.
The PNFTU said it was not possible for the trade unions to accept the IRO 2002 so it had been rejected by almost all the representatives of the workers.
The PNFTU said the Workers and Employers Bilateral Council of Pakistan had made unanimous proposals and suggestions for making necessary reforms in the Industrial Relations Ordinance 1969. But the government had gone ahead arbitrarily to impose various restrictions on the trade union organizations.