LAHORE, Feb 5: The Pakistan Workers Confederation has called for extensive amendments to the Industrial Relations Ordinance, 2002, for bringing it in conformity with the ILO Conventions 87 and 98 and recommendations of the Tripartite Labour Conference held at Islamabad in 2001.
In a memorandum submitted to the federal labour secretary, PWC secretary-general Khurshid Ahmad claimed that the IRO was a discriminatory law in its present form as it denied collective bargaining rights to many categories of workers. Amendments were necessary to make it a labour-friendly law, he added.
He said Railways (Open Line), PIA, Pakistan Mint, fire brigade, Karachi Electric Supply Company, sea and airports, Export Processing Zone, agriculture and informal sector workers had been deprived of their fundamental trade union rights. Similarly Workmen’s Compensation Act application had been restricted to employees drawing salaries up to Rs3,000 per month and only the children of the workers drawing salaries up to Rs5,000 per month were entitled to education in the schools for workers children.
He said the IRO had also conferred discriminatory powers on the registrars of trade union who could disallow registration of unions of any category of workers depriving them of fundamental right to form a trade union. The National Industrial Relations Commission had been restrained from providing interim relief to trade unions or workers against the unfair labour practices of employers and the labour courts had been restrained from ordering reinstatement of dismissed workers. The courts could award only compensation even in cases where victimization had been proved.
He said the IRO had excluded the termination, transfer and discharge of office-bearers and members of trade unions from the definition of unfair labour practice giving the employers a licence to victimize them. No remedy had been provided to workers and trade union office-bearers against it.
Cancellation of registration of trade unions had been allowed for violation of the law by the trade union office-bearers which tantamount to depriving the workers of trade union rights. On the other hand, nominal fine had been prescribed for the employers found guilty of unfair labour practice.
The PWC secretary said the CBA unions had been deprived of the worker’s participation in management right available to them for the past 30 years. Employers had also been allowed to make settlements with individuals in violation of the principle of collective bargaining.
The government had also not constituted the tripartite bodies to ratify and implement the ILO conventions in accordance with the ILO Convention 114, he added.
He also took a serious view of devolution of the labour department to the district level saying implementation of labour laws was likely to become extremely difficult in view of the fact that the district Nazimeen were either feudal lords or capitalists and had a natural sympathy for the employers.
He stressed the need for amendments to make the social security benefits available to the workers even after retirement as that was the time when they required healthcare the most. He also called for placing the Workers Welfare Fund funds at the disposal of the ministry of labour instead of the Central Board of Revenue. He also suggested allotment of plots and houses in labour colonies on hire-purchase basis.
Mr Ahmad said the commitment made by the government in the labour policy in respect of lifting restrictions on trade union rights of banking sector workers under Section 27-B of the Banking Companies Ordinance and Section 2-A of Service Tribunals Act had not been honoured.
He suggested constitution of tripartite national health and safety and productivity councils, steps for the welfare of women and overseas Pakistanis, and creation of vocational training facilities for workers.