Questioni di diritto del lavoro in Pakistan: il fondamento storico della legislazione lavoristica e delle associazioni sindacali
10.6092/issn.2421-2695/7577
La ricerca analizza lo sviluppo storico del diritto del lavoro in Pakistan nel corso dei diversi governi militari e democratici. L’articolo si occupa del quadro costituzionale, delle obbligazioni internazionali e delle convenzioni ILO rispetto alle leggi nazionali.L’attenzione si concentra principalmente sui problemi che i sindacati devono affrontare, sull’attuazione delle leggi, sulla tutela della salute e sicurezza dei lavoratori al lavoro e sulla bassa partecipazione delle donne ai sindacati.La ricerca ha fatto emergere un ampio reticolato normativo ma, di fatto, le leggi determinano situazioni di sfruttamento e di discriminazione. La registrazione di centri trans-provinciali non è chiara e il diritto costituzionale alla costituzione di sindacati è stato sospeso nelle province del paese.Rilevanti problemi relativi alla tutela della salute e sicurezza sono testimoniati dalle numerose morti sul lavoro.L’affiliazione delle donne ai sindacati è molto bassa prevalentemente a causa della loro sfiducia nei confronti dei leader del sindacato e del timore di perdere il posto di lavoro. Ricevono altresì benefici inferiori rispetto ai loro colleghi maschi.Le leggi lavoristiche escludono in ogni caso il settore agricolo, sebbene sia il settore produttivo con il maggiore tasso occupazionale.
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Malik Zia-ud-Din
Labour & Law Issues
Questioni di diritto del lavoro in Pakistan: il fondamento storico della legislazione lavoristica e delle associazioni sindacali
Text.Serial.Journal
https://labourlaw.unibo.it/
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Comparative & International Overview
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2017-12-14
2017-12-14
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Malik Zia-ud-Din
2017/12/14
10.6092/issn.2421-2695/7577
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Wuhan University, Hubei, China
2421-2695
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Yaseen Z. – Ahmed A. – Mahmood T., Hypothetical Political System of Martial Laws: A case of General Zia ul Haq, Journal of Punjab University Historical Society, Lahore, Pakistan, 2016, p. 122.
Analyzing the Labour Issues in Pakistan:  a historical background of Labour Laws and Labour Unions
https://labourlaw.unibo.it/article/download/7577/7280
3
Analyzing the Labour Issues in Pakistan:
A Historical Background of Labour Laws
          and Labour Unions



    YU SHUHONG - MALIK ZIA-UD-DIN
      Wuhan University, Hubei, China




             vol. 3, no. 2, 2017
               ISSN: 2421-2695
    Analyzing the Labour Issues in Pakistan:
    a historical background of Labour Laws
               and Labour Unions
                                                              YU SHUHONG
                                              Wuhan University, Hubei, China
                                                  Professor at School of Law
                                                        shuhongy@126.com

                                                        MALIK ZIA-UD-DIN
                                              Wuhan University, Hubei, China
                                              PhD candidate at School of Law
                                                   malikziaudin@yahoo.com

                                 ABSTRACT

        The study explores the historical development of labour laws in
Pakistan during different military and democratic governments. The paper
discusses the constitutional framework, international obligations and ILO
conventions with regard to country’s labour laws. However, the substantial
focus is on the representation and problems faced by the labour unions,
implementation of labour laws, Occupational Health and Safety of Labourers
at workplace and low women participation in trade unions. The study reveals
that the country has an exhaustive structure of labour legislation but
practically, the labour laws are exploitive and discriminatory. Registration of
Trans-Provincial establishments is unclear and constitutional right of
formation of trade union has been suspended in the provinces. Serious
Occupational health and safety issues at workplaces have been witnessed
resulting in loss of several precious lives. Women membership is extremely
low in trade unions mainly owing to their distrust on union leaders and fear of
losing job, and they receive fewer benefits as compared to their male
counterparts. The labour laws exclude the agricultural sector- the biggest
employment sector in the country- from its scope.

Keywords: Labour law in Pakistan; Labour Unions in Pakistan; Historical
background
         YU SHUHONG - MALIK ZIA-UD-DIN, Analyzing the Labour Issues in Pakistan



             Analyzing the Labour Issues in Pakistan:
             A Historical Background of Labour Laws
                        and Labour Unions
SUMMARY: 1. Introduction. – 2. Emergence of labour laws and unionism in indo-pak sub-
     contiment. – 3. Workers organizations and labour laws in Pakistan. – 4. Dichotomy
     between theory and implementation of the constitution, labour laws and
     international covenants. – 5. Conclusion.



1. Introduction

        Pakistan is one of the most populated countries in the world having
over 191 million (1) populations with an estimated labour force of more than
61 million (2). The labour force of the country consists of individuals over the
age of ten years. According to the statistical data, the total employed labour
force is over 57 million (3); however, around almost 4 million people are
unemployed (4). A huge number of the population, roughly 116 million, lives
in the rural areas of Pakistan. The agricultural sector is the largest sector
employing 42 percent of the labour force, followed by service sector with 33
percent, and the manufacturing and the industrial sector with 22 percent (5).
        The labour union movement in the world began soon after the French
Revolution when mining industry labourers first formed a labour association.
This brought a revolution and a sense of collectivism because there was no
legal status for labour associations (6). Subsequent to this initiative a rapid
growth had been observed. This labour movement was not a worldwide
movement; rather it began in Europe and in the Anglo-Saxon countries, such
as the British colonies Australia, Canada and South Africa (7). Many Asian and
African countries were ignored by the civilized world in this socialist
movement of labour associations. Thus the Combination Act of 1828 was



         (1) Pakistan Economic Survey 2014-2015, p.2
         (2) Pakistan Bureau of Statistics, Labour Force Survey 2014-15, p.24
         (3) Ibid, p. 26
         (4) Ibid, p. 36
         (5) Ibid, p. 26
         (6) R. Bawa - W. Hashmi, Labour Unionization in Pakistan- History and Trends.
Pakistaniaat, A Journal of Pakistani Studies, 2010, vol. 2, p. 1 ss.
         (7) A. Losovsky, The World’s Trade Union Movement, The Trade Union Educational League,
Chicago, USA 1924, p. 9 ss.



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passed by the British Government and these associations were given legal
status as labour unions (8).


2. Emergence of labour laws and unionism in indo-pak sub-contiment

         The labour laws and trade unionism in Indo-Pak sub-continent has a
deeply established history. The British ruled the Indian Sub-continent
including Pakistan for nearly 100 years (1857-1947) (9). The East India
Company took control over India and earned profits by utilizing the resources
of this region at lower prices and selling these to the United Kingdom and
other European countries at higher prices (10). The industrial revolution
commenced when the British Government initiated the industrialization
process in sub-continent with the construction of new Cotton mill in Calcutta
in 1813 and construction of railway lines in 1853. The British Crown formally
took control of Indian Sub-continent in 1857 and banned all Indian
competitors of textile goods and products with strict legislation (11). The
labour was subjected to inhumane working conditions that led to protests and
strikes.
         After the usurpation of the Indian sub-continent, a number of
influential laws were introduced to further consolidate the control over the
resources of Sub-continent. Industrial relations legislation was also introduced
with its primary objective to provide England a “Protected and bonded labour
market” (12). The British Government introduced two highly significant


        (8) See Supra note 6 at p.1
        (9) C. Kaul, From Empire to Independence: The British Raj in India (1857-1947), online:
http://www.bbc.co.uk/history/british/modern/independence1947_01.shtml
        (10) I. Ahmed, Labour and Employment Law. A Profile on Pakistan, 2010, online:
http://www.wageindicator.org/main/documents/Labour_and_Employment_Law-
A_Profile_on_Pakistan.pdf.
        (11) Id, p.1; See also, Furqan Mohammed, Protecting Pakistani Labourers Post-
Eighteenth Amendment: Recognizing Rights after the Devolution of Power, Loyola
University Chicago International Law Review, USA, 2012,p.269; Osama Siddique, Pakistan's
Experience with Formal Law, Cambridge Studies in Law and Society, Cambridge University
Press, 2013,p.53; see also Natacha Wexels-Riser, National Labour Profile: Islamic Republic
of Pakistan, 2004, online: <http://www.ilo.org/ifpdial/information-resources/national-
labour-law-profiles/WCMS_158916/lang--en/index.htm> (at p.1).
        (12) A. Amjad, Labour Legislation and Trade unions in India and Pakistan, Oxford
University Press, Karachi, Pakistan, 2001, p.5 (The utmost object of British government was
not to find new markets for business and trade rather, their primary object was to
continuous supply of raw material to their own industry and Europe to earn maximum



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          YU SHUHONG - MALIK ZIA-UD-DIN, Analyzing the Labour Issues in Pakistan



legislations, “Employers and Workmen Dispute Act 1860” (which only gave
the right of punishment to the employer in the case of a breach of contract
without any provision for the protection of employee’s rights) and “Indian
Factories Act 1881” (this was implemented on the premise of a shift from
skilled workers to mechanized labour and limited the number of hours a child
labour between the age of 7 to 12 years could work to no more than 9 hours a
day). The legislations seemed to shield the British Industry from Indian
Competitors and safeguard the British investors in the area (13). During the
early days, the trade unions were formed as workers aid organization without
considering the working conditions of the employees. These groups were
organized and sensitized mainly to have better-working conditions without
representing workers which created a sense of deprivation amongst workers.
         Before World War I (WWI), the British government forcefully and
violently repressed the confrontation, labour agitation and collective labour
actions in India (14). The economic disturbance and political unrest in Indo-
Pak sub-continent during WWI gave momentum to the labour agitation and
the struggle for better-working conditions and increase in wages. Particularly,
the creation of the International Labour Organization (ILO) in 1919 imparted
acknowledgment to the labour movements around the globe (15). Thus, the
labour unions endeavored against the legal hindrances found in Section 120 of
(Indian) Penal Code 1860 (16) and Section 27 of (Indian) Contract Act 1872
(17). This movement gave impetus in formation of labour unions in Sub-
continent in Port Trust, Railway, and Post office. Resultantly, the British
Government introduced Indian Trade Union Act in 1926 and Trade Disputes
Act 1929 to legitimize and control the labour unions (18).



profit); See also O. Siddique, Pakistan's Experience with Formal Law, Cambridge Studies in Law and
Society, Cambridge University Press, 2013, p. 46 ss.
          (13) Furqan M., Protecting Pakistani Labourers Post-Eighteenth Amendment: Recognizing
Rights after the Devolution of Power, Loyola University Chicago International Law Review, USA, 2012.,
p. 270 ss.
          (14) Ibid., p.270
          (15) International Labour Organizations (ILO) is only a tripartite United Nations
agency, which was established in 1919, the ILO brings governments, employers and workers
representatives together of 186 UN member states, to develop labour standards, policies and
formulate programmes which promote decent work for all people regardless their gender,
creed, race, and ethnicity. See also International Labour Office, Decent Work, Report of the
International Labour Conference 87th Session 1, ILO, Geneva, 1999.
          (16) See Indian Penal Code 1860 § 20
          (17) See Indian Contract Act 1872 § 27
          (18) Iftikhar supra note 10. p. 2



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        The Indian Trade Union Act of 1926 gave rights to the workers for
formation of unions, registration of trade unions and guaranteed union
representation (19). Additionally, the Trade Disputes Act provided the right
for arbitration between employers and employees to settle and prevent
disputes in future. The disputes could also be forwarded to the court for
further inquiry or reconciliation. Later on, other legislations were introduced
for the labour welfare, which include but are not limited to The Factories Act,
1934, Payment of Wages Act, 1936, Mines Act, 1923, Workmen
Compensation Act, 1923 and Dock Labour Act, 1934 (20). After the Second
World War (WWII), the Essential Services Maintenance Ordinance, 1941 and
the Industrial Employment Act, 1946 were promulgated (21). The Industrial
Employment Act described the process of recruitment, termination, punitive
action and conditions for work and welfare of the employees (22). Moreover,
The Industrial Disputes Act, 1947 was promulgated for the permanent
solution of disputes under specific rules and regulations.
        On the political arena, The Indian Nationalist Leaders started to join
hands with the working class because of agitations in late 19th century. Many
sporadic protests and strikes occurred especially by the workers from different
industries in Ahmadabad, Bombay, Calcutta and Madras. They were mostly
irregular, spontaneous and un-organized which were primarily based on
economic grievances (23). But the movement gained momentum after the
Indian Nationalist Leaders joined the All India Trade Union Congress
particularly after the boycott of Whitley Commission (24), which was


          (19) Z. Hisam, Struggle without end: Industrial Relations and Labour Rights in Pakistan,
Centre for. Democratic Governance, The Network for Consumer. Protection, Islamabad,
2004, p. 12 ss.
          (20) Ibid, p. 12. Many laws were promulgated but these laws were found progressive
and helpful because they allowed labourers to be a part of trade unions in all sectors except
the armed forces and police.
          (21) See National Trade Union Federation of Pakistan’s report on History Labour
movement in South Asia, 2015, online: <http://pgil.pk/wp-content/uploads/2015/12/History-
Of-Labour-In-South-Asia.pdf> at p.2
          (22) C. Candland, The Politics of Labour in a Global Age: Continuity and Change in Late-
industrializing and Post-socialist Economics., Chapter 3. The cost of Incorporation: Labour Institutions
Industrial Restructuring .and new Trade Union Strategies in India and Pakistan, Oxford University
Press Inc., New York, 2001, p.70 ss.
          (23) M. Aggrawal, Industrial Policy of British in India, online:
<http://www.historydiscussion.net/british-india/useful-notes-on-the-industrial-policy-of-
british-in-india/646>.
          (24) Whitley Commission was instituted as a mean of remedy for industrial unrest
and also used for wage negotiations between the employer and employee by the Great



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constituted by the British-Indian Government to oversee the labour
conditions in 1929 in India.



3. Workers organizations and labour laws in Pakistan

         Pakistan gained independence from Britain and separated itself from
India in 1947 (25). Since then, the country has passed through a number of
martial laws and democratic regimes (26). The leaders determined the labour
laws throughout their term of office which resulted variation in the labour
laws from government to government (27). However, most of the labour
legislations are based on the inherited legal framework of Britain. Many of the
legislations were derived from colonial acts and amendments, which were
enacted from 1850 to 1947 and still exist as a part of the country’s labour
legislation (28). The newly independent country only inherited 9% of the total
industry of India after partition and very few of these industries were located
in urban areas with fewer numbers of employees as compared to India (29).
Due to a smaller industrial base, a limited number of workers was affiliated
with industry as well as with the trade unions and workers movement. The
table below gives a glimpse of the number of workers registered under the
Factory Act in some imperative industries in 1949 (30).




Britain in India; see also J.H. Whitley, The Report of the Royal Commission on Labour in India,
1931.
         (25) In 1947, Pakistan consisted of East Pakistan and West Pakistan; East Pakistan
became a separate country in 1971 with the name Bangladesh and West Pakistan is the
present day Pakistan. See India-Pakistan Trade Unit, Bangladesh for a concise detail of
labour          law         in         Pakistan        and         Bangladesh,         online:
<http://www.iptu.co.uk/content/bangladesh-employment_1aw..asp>
         (26) See discussion infra part III. B
         (27) Pakistan has very poor infrastructure of check and balance, therefore, Pakistani
leaders had full authority given by the Parliament to formulate legislations and amendments
according to their requirement; See Furqan Mohammed, Exploring. Power. Politics and
Constitutional Subversions in Pakistan: A Political and Constitutional Assessment of
Instability in Pakistan, Loyola International Law Review, 2010.
         (28) Zeenat supra note 19 at p.13
         (29) Furqan supra note 27
         (30)      National       Trade        Union     Federation      Pakistan,     online:
<http://ntufpak.org/links.html>



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             Table 1: Distribution of Unionized Workers in 1949
               Category of Industry Numbers of worker
                 Factories workers                 184,752
                  Mines Workers                     9,413
                 Railway Workers                   135,000
                   Dock Workers                    15,000
                   Shop Workers                    16,000
                 Workers on Ships                  125,000
                  Total Workers                    482,165
        Source: National Trade Union Federation of Pakistan. www.ntufpak.org

       It is worth mentioning, that the population of Pakistan was roughly 75
million at the time of independence and only 0.63% of the population’s
workers were engaged in industries (31). The above table depicts the weak
economy of the country with a poor industrial infrastructure.
       In 1948, there were merely 115,000 union members, in which Pakistan
Trade Union Federation (PTUF) had 20,000 members in 38 associated unions
primarily from the railway industry whereas, in 1949, All Pakistan Federation
of Labour (APFOL) had 95,000 members from 49 unions in multiple
industries, particularly ports (32).

A.      Constitutional framework and labour laws of Pakistan
        The Constitution of Pakistan is comprised of various provisions for the
social and economic well-being of citizens and the encouragement of social
justice. Fundamental rights, such as security of livelihood, prohibition of
bonded labour, eradication of slavery, and the right of association, have been
incorporated in the constitution. The state has the basic responsibility not to
make any laws or implement such laws, which are inconsistent with the
fundamental rights. Thus the constitution affirms the convinced progress of
labour legislation, which is conducive to change and to benefit the working
class.

        (31) After the independence of Pakistan from India, the biggest question was about
the Pakistan’s economic condition because India got most of the industry and resources of
the                                    country,                                     online:
<http://iba.edu.pk/News/speechesarticles_drishrat/Indo_Pak_economies_compared.pdf>;
see also Pakistan Labour Profile, 2014, Danish Trade Union Council for International
Development Cooperation, Ulandssekretariatet, LO/FTF Council, Denmark.
        (32) Ibid. p, 24-25



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             The Article 141 and 142 of the Constitution of Pakistan vest power
     with the National and Provincial Assemblies to formulate any law on the
     matters incorporated in the Concurrent List (33). The provisions of legislation
     with regard to labour as provided in the Constitution of 1973 were reasonably
     similar to the provisions drafted in the erstwhile Constitutions of 1956 and
     1962 of Pakistan. The majority of rights and privileges concerning the working
     class of the country under the labour laws are protected in the Part-II of the
     Constitution, which requires being read together with Part-I.

     Table 2 Relevant Articles &Labour Laws in the Constitution of Pakistan
      Serial    Article No                                     Description
       No
a)               Article 4     describes that every citizen has the absolute right to enjoy, life, property,
                               reputation with the protection and to be dealt with unforfeitable law
b)               Article 9     specify that nobody shall be striped of life or liberty which is preserve in
                               accordance with law
c)               Article 11    prohibitall kinds of human trafficking, forced labour, slavery, and child
                               labour at hazardous places
d)               Article 17    encompasses the freedom of association or unionized provided to the
                               citizens, considering the reasonable restrictions obligatory in the absolute
                               interest of public writ and morality
e)               Article 18    stipulates that all the citizens have right acquired any lawful possession or
                               occupation and to carry out any legitimate business or trade
f)               Article 25    describes that all citizens have equal rights before the law and forbid any
                               discrimination on the basis of gender, creed, and sex
g)             Article 37(c) allows the citizens of Pakistan to receive social security by using obligatory
                               social insurance means
h)             Article 37(d) involve the country should take care of fundamental necessitates of life such
                               as (food, clothing, housing, education, medical relief) for the citizens who

               (33) The Labour Laws falls within the ambit of Concurrent Legislative List, which
     was amended and adopted in 1973. The Concurrent Legislative List comprised of 47 entries,
     the entries discuss labour concerns are: a) No. 26 – welfare of labour, health, safety and
     security considerations of labour, provident fund, employers' liability & responsibility,
     worker's compensation, including illogicality of pension and pension after retirement and
     health insurance; b) no. 27 – trade unions, industrial and labour conflicts and settlement
     mechanism); c) No.28–.the formation and execution of exchange of labourers, establishment
     of employment info agencies, and training and development institutions; d) No.30.–
     .regularizing the labour safety working in mines, factories and oil industries; e) No.31.–
     .joblesness insurance; and f) no.45.–. queries and statistical data on any matter which is given
     in the list.



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                                 are temporarily or permanently incapable of earning the sustenance because
                                 of sickness, feebleness or joblessness
i)             Article 37(e) Specifies to shelter the humane working conditions for workers, and
                                 assuring not to employee women or children in work, which is not suitable
                                 for their sex or age.
   Source:   The      Constitution       of      Pakistan,         1973.  available       at.
   http://www.pakistani.org/pakistan/constitution/ (Accessed on 25-06-2016)

    Table No. 2 describes the relevant articles of fundamental rights of the people
    of Pakistan and also their right to form a union or association and necessary
    laws to cover the working conditions. The articles describe clearly that all the
    working classes or labourers should be provided these fundamental rights
    enumerated in the constitution of Pakistan. The detail of these constitutional
    fundamental rights will help to analyze the labour condition in the country
    during different regimes.

    B.        Formation of labour laws by the former governments
             The first military government of General Ayub Khan came into
    existence in October 1958 (34). The government was acclaimed for the
    economic growth, which naturally occurred on account of efforts of the
    working class (35). The Government replaced the Industrial Disputes Act
    (IDA), 1947 with the Industrial Disputes Ordinance (IDO), 1959 (36) which
    included sectors such as textile and sugar in the description of public utility
    sectors despite the fact that these utilities had no direct connection with the
    public utilities. The change in the law prohibited protests and strikes in any
    industry from both public and private sector. In order to carry out such
    activities, trade unions need to have a compulsory arbitration process, which

              (34) Y. Niaz Mohiuddin, Pakistan: A Global Studies Handbook, ABC-CLIO, 2007.
    General Ayub Khan emerged as a leader as a result of the military coup; he expelled the
    incapable politicians who were in power. Soon after declaring martial law in the country he
    announced himself the head of state,p.164.; See also Furqan M., Protecting Pakistani Labourers
    Post-Eighteenth Amendment: Recognizing Rights after the Devolution of Power, Loyola University
    Chicago International Law Review, USA, 2012,p.272
              (35) Id. ("The Ayub’s era is often known as the golden era of economic development in Pakistan.
    But his policies also led to sharp inter-regional and interpersonal inequities in income distribution and in the
    concentration of wealth and power.. ").
              (36) The Industrial Disputes Ordinance (IDO) 1959, mostly followed the structural
    formation of Industrial Disputes Act (IDA) 1947, but drastically changed the underlying
    policies which curtailed the right of association, forming of trade unions and collective
    bargaining.



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was discussed in the IDA 1947 (37). The IDO 1959 authorized both parties to
request for arbitration proceedings, whereas prior to IDA 1947 only the
aggrieved party was allowed to decide whether to go for consultation and
arbitration. The Industrial Disputes Ordinance 1959 allowed only employers
to file an application for arbitration of the disputes to industrial courts, which
are against the fundamental rights and unfair to the trade unions. On the
contrary, the IDA 1947 gave right to file an application for arbitration in
district courts, which were apparently more justified for decision-making (38).
The government further promulgated the Trade Unions Act 1968 wherein the
management to prohibit any trade union representative from any activity
against the establishment was authorized. The revised Industrial Disputes Act
(IDA) 1968 permitted Federal or Provincial government to prohibit strikes in
any industry by declaring that strike against “public interest” (39).
        The new military government of General Yahya Khan amended labour
laws significantly and acknowledged that the workers had not been treated
fairly during the previous administration (40). Thus, he passed the Industrial
Relations Ordinance 1969. The main characteristic of this ordinance was that
following rights were restored: 1) the right of unionization for employers and
employees; 2) the right to go on strike and walkout in case of failure in
negotiations (41); 3) the initiation of a voluntary system of adjudication and; 4)
to provide maximum shelter to the trade union leader from any adverse action




         (37) Shaheed M., The Labour Movement in Pakistan: Organization and Leadership in Karachi
in the 1970’s., Oxford Univ. Press 2007, General Ayub Khan did not want to contravene with
the ILO therefore, he listed these sectors as public utilities to ban the strikes which made the
sector nearly impossible to strike, p. 252.
         (38) Ibid, In IDO 1947, the industrial courts were given authority to be tripartite with
the chairman for advice two members as representatives from employers and employee, p.
252.
         (39) Furqan Mohammed, “The sole purpose of the addition of this clause was to
prohibit the trade unions from any strikes while considering the industry as "public interest", p.
273.
         (40) General Yahya Khan announced the Labour Policy 1968 in which he said: The
government accepts that the workers have not been treated considerably in the past.
Regardless, of rapid development, growing prosperity, and increased production, the workers
have not been given their right to uplift their life standard even they remained static, rather,
in many cases, their livelihood has been observed deteriorated.
         (41) The government continued to hold the power to forbid collides within the eight
public sector offices such as ports, fire-fighting services, security services, hospitals, postal
and telephone services, railways and airways, and sanitation including the generation and
supply of.electricity, gas, and water available to the people.



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during the registration of trade unions and the bargaining process (42). The
labour appellate courts were established to handle and settle the appeals from
industrial courts in a speedy manner and the clause of “public interest” was also
omitted (43).
       The Democratic Government of Zulfiqar Ali Bhutto came into power
in 1971 (44). He admitted that he came into power as a result of the
unconditional support from students, workers and the unemployed (45). He
announced a comprehensive Labour Policy in 1972 with an aim to address the
following issues:
i)     An increase in workers wage,
ii)    An increase in production
iii)   To encourage the formation of the trade union for the betterment of
the workers (46).
The most significant and notable features of this policy on labour rights
encompass the following three points:
(1)    Any appointment or termination of the workers must be in writing and
handed over to the worker;
(2) Establishment of labour courts with condition to decide any pending
disputes or matters within 30 days;


          (42) The clause "public interest" was added by General Ayub Khan in the Industrial
Disputes Ordinance (IDO) 1968 and give authority to the government to stop strikes in any
sector it falls within the "public interest" sector.
          (43) The disputes between labours and industries are initially filed in the industrial
courts. The High Courts of Pakistan are designated to act as Labour Appellate courts and
currently Pakistan have five High Courts, one from each province and one from the Federal
Capital.
          (44) Zulfiqar Ali Bhutto's presidency led geographical changes in Pakistan's modem
history that gave birth to East Pakistan which later becomes Bangladesh and West Pakistan
became Pakistan. American Institute of Pakistan Studies, Contemporary Problems of
Pakistan 176 (J. Henry Korson ed., Westview Press 1993) (After the first Democratic
elections, the Awami League, a Political Party from East Pakistan won the majority of seats
and civil war emerge on the issue of constituting government in National Assembly between
East and West Pakistan)
          (45) Zulfiqar Ali Bhutto said in his first speech after entering in the presidential
office by stating:
          "Our electoral success was made possible because of the toiling masses, particularly peasants and
labourers, co-operated with the Pakistan People's Party. We cannot forget their kindness". See also C.
Candland, The Politics of Labour in a Global Age: Continuity and Change in Late-industrializing and
Post-socialist Economics. Chapter 3, The cost of Incorporation: Labour Institutions Industrial Restructuring
.and new Trade Union Strategies in India and Pakistan, Oxford University Press Inc., New York,
2001, p. 41.
          (46) S. Ghayur, Evolution of the Industrial Relations System in Pakistan, Cornell University
ILR School, DigitalCommons@ILR, 2009, p. 13.



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(3) The Establishment of landmark National Industrial Relation Commission
(NIRC), to encourage legitimate trade unionism and to deal with the unfair
labour practices (47).
        General Muhammad Zia-ul-Haq suspended the Constitution of
Pakistan and declared martial law as a result of nationwide allegations of
election rigging and government’s corruption (48). Inspections of the factories
under Factories Act 1934 were discontinued, workers rights were also curtailed
and he completely banned strikes and protests. During his eleven years of
government, he suppressed the unions and imprisoned union leaders from
both public and private sectors and showed favoritism towards employers
(49).
        During the fourth Military Government of General Pervaiz Musharraf,
the ban and restrictions on labour unions imposed by General Muhammad Zia
ul-Haq were lifted (50). It is inevitable to mention that four democratic
governments assumed the office but had not introduced any significant labour




          (47) The National Industrial Relation Commission (NIRC) is a federal commission
that has its branches in all the provinces as well. Likewise, the National Labour Relations
Board (NLRB) is working in the U.Sin both formations and function.
          (48) Z. Yaseen - A. Ahmed - T. Mahmood, Hypothetical Political System of Martial Laws:
A case of General Zia ul Haq, Journal of Punjab University Historical Society, Lahore, Pakistan, 2016,
p. 122.
          (49) Christopher supra note 34, p. 46-47 (talk about the decisions made by General
Zia-ul-Haq’s martial law) and Pakistan Institute of Labour Education and Research, Pakistan:
PILER Welcomes Amendment in Services Tribunal Act and Repeal of Removal from
Services Order,South Asia Citizens Website , online: <http://www.sacw.net/
articlel369.html> [hereinafter PILER, Amendments] (talking about several laws passed by
General Zia-ul-Haq’s regime were replaced recently). General Zia proposed the labour class
which made his impressions absolutely pro-employer. He said: “It is not for the employers to
provide roti (bread), kapda (clothes) aur (and) makaan (homes). It was for God Almighty who is the
provider of livelihood to his people. Trust in God and He will bestow upon you an abundance of good things
in life”.
          (50) In late 1988, Benazir. Bhutto, the daughter of Zulfiqar. Ali Bhutto abolished
many sanctions which had been imposed by General Muhammad Zia ul Haq on Trade
Unions. Christopher Candland, supra note 34,p.47. However, none of the governments
before General Pervaiz Musharraf gained control in mid of 1999 have shown interest to
legislate any detailed labour policy; Ibid. at p.47.-48 ("Since 1980, the government of Pakistan has
been unable to formulate a labour policy, despite numerous promises by each of the several governments in
power . . ."). It happened only because of the unstableness of previous democratic
governments; See also I. Malik, The History of Pakistan, Greenwood Press, 2008, p.175 (“Benazir
Bhutto and Nawaz Sharif were both chosen twice for office but would be removed before they finished a term;
there were also three interim governments in place during this time period”).



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laws since the end of military government of General Muhammad Zia-ul-Haq
(51).
        General Musharraf’s government amended the Industrial Relations
Ordinance IRO 1969 with Industrial Relations Ordinance 2002. The amended
IRO 2002 authorized the government to omit the particular classes of workers
who had protection in the former IRO 1969 under the “public interest” clause
(52). It also excluded the imprisonment clause for employers who conduct
labour violations in IRO 1969 into only fines. Additionally, if an employee was
wrongfully terminated and later won the case in court; the worker was only
entitled to be paid lost wages. The employer was not legally bound to reinstate
the wrongfully terminated workers. This new clause encouraged the employers
to sack the workers with limited consequences (53). The Labour Appellate
Courts were also abolished through IRO 2002 and all appeals were to be made
to the High Courts of Pakistan. The section 3(d) of Industrial Relations
Ordinance, 2002 states that all collective bargaining units must be affiliated
with nationwide federations already registered with the National Industrial
Relation Commission (NIRC). This affiliation with nationwide federations
must be made within two months of award of the status of Collective
Bargaining Agent (CBA) (54). Removal from Services Ordinance, 2000 was
also promulgated which empowered the government to sack any employee
without any sound reason (55).

         (51) The Second Democratic Government of Benazir Bhutto assumed power on
2nd December, 1988, but her government was dissolved on 6th August, 1990. The third
democratic government was made by Nawaz Sharif in the same year, but he resigned from
the Prime Minister’s office on 18th July 1993. The third democratic government formed by
Benazir Bhutto in the same year on 19th October, 1993 but then the President used his
constitutional power of Article 58 2(B) to dissolve the National Assembly on 29th January,
1997. Fourth Democratic Government was formed by Nawaz Sharif in the same year on
17th February, 1997 but he was ousted from the office as a result of military coup d’état by
General         Pervez       Musharraf          on       12th       October,1999,        online:
<https://en.wikipedia.org/wiki/Timeline_of_Pakistani_history_(1947%E2%80%93present)
#1988>.
         52         Industrial       Relations           Ordinance,        2002,         online:
<http://www.ilo.org/dyn/natlex/docs/ WEBTEXT/ 6263 6/65260/ EO2PAKOI.htm>;
see also PILER, Denial and Discrimination, 2007, initially, the IRO 1969 was adopted by
General Ayub Khan, it was also having the similar provision.p.8.
         53 Ibid,p.18
         54 Sabur supra note 46, p.19
         55 A. Shadab, President Signs Services Tribunal Amendment Bill, The Critical BLOG, 5th
March. 2010, http://criticalppp.com/archives /6755. Comparing with the Services Tribunal
Act of 1973, workers were only allowed to file the cases to the Federal Services Tribunals
and the Pakistani High Courts have jurisdiction to entertain appeals; See also Removal from
Services Ordinance 2000, (Published in Daily. Times Newspaper on 27th January.2010), online:



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        The next democratic government of Asif Ali Zardari repealed
Industrial Relations Ordinance 2002 with newly promulgated Industrial
Relation Act (IRA) 2008. The main features of newly promulgated act were
the re-establishment of Labour Appellate Courts which permitted the
aggrieved parties a speedy hearing, and the abolishment of the “Public Interest”
clause (56). Most notably, the IRA 2008 omitted the Section 3(d) of the
previous Industrial Relations Ordinance, 2002 in which all Collective
Bargaining Agents (CBAs) were required to be affiliated with a National
Federation registered with the newly established National Industrial Relations
Commission (NIRC). IRA 2008 remained in effect until the Parliament passed
the remarkable Eighteenth Amendment in April 2010.
        The approval of Eighteenth amendment abolished the Concurrent
Legislative List (CLL) (57). The rationale behind the approval of Eighteenth
Amendment was to give more autonomy to the provinces. The amendment
made the Federal Government incapable of promulgating legislations which
affect provinces.

C.        Provincial response on eighteenth constitutional amendment
       The Eighteenth Constitutional Amendment devolved the labour and 47
other subjects of Concurrent Legislative List (CLL) in April 2010 to the
provinces. This amendment is considered to be a historic political
development which led to the decentralization of power and autonomy to the


<http://www.dailytimes.com.pk/default.asp?page=2010%5COI%5C27 %5 Cstory_27-1-
2010 pg7_ 1>.
           (56) IRO 2002, § 1(4) ("Provided that the Federal Government may suspend, in the public
interest, byan order published in the official Gazette, the application of this Ordinance to any establishment or
industry for a period specified in the order not exceeding six months at a time.") replaced with IRA,
section.1(4)                                           (2008),                                            online:
<http://www.ilo.org/dyn/travail/docs/51/Industrial%20Relations%20Act.pdf> (regarding
excluding the public interest article).
           (57) IRA 2008, § 87(3) (a stipulated condition in the IRA of 2008 ultimately annulled
on 30th April, 2010); See also A. Mukhtar, Centre's Move to Enact Labour Laws Seen as Trespass,
Dawn Newspaper, 30thMay, 2011), http://www.dawn.com/201 1/05/30/centers-move-to-
enact-parallel- labour- laws-seen-as-trespass.html (The IRA, 2008, accordance to the Section
87(3), automatically abrogated on 30th April, 2010). Both the International Labour
Organization (ILO) and the Superior Courts of Pakistan interpreted that the abrogation was
the virtual consequences of Section 87(3) of IRA, 2008. The Concurrent Legislative List
(CLL) gives power to promulgate legislation to the federal and provincial governments.
Pursuant to 18th Amendment, the power of federal government on promulgation of laws
was abolished about the matter mentioned in the CLL. The power exclusively transferred to
the provinces on such subjects.



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provinces for the betterment and positive change in common people’s life.
The eighteenth amendment has altered about one hundred clauses of around
two hundred and eight articles of the Constitution of Pakistan, which would
have a “profound impact on the way the country is governed and its economy is managed”
(58).
         Federal legislation has been overruling the provincial legislation for
many years, which created unrest between the Provinces on the issue of
autonomy (59). The most important provisions relating to the labour
legislations in the Council of Common Interest (CCI) (60) comprised of the
following:
i)       Labour condition and welfare, provident fund, worker’s compensation
and employer’s responsibility;
ii)             Industrial Relations, Industrial Disputes and Trade Unions;
iv)      Exchange of information regarding labour employment to the Bureau
of Training;
v)       Legislation on the safety and security issues of labour in factories,
mines and oilfields;
vi)      Insurance case of being jobless (61).
         After the enactment of eighteenth constitutional amendment the
responsibility of legislation concerning the above-mentioned subjects lies with
the Provincial governments.
The Punjab Province has promulgated 15 laws by the end of December 2014
including Punjab Industrial Relations Act (PIRA) 2010 (62). The newly
adopted law had one provision that is in conflict with ILO convention No. 87
which gives right to form trade unions. After several years of perennial
discussions and lobbying by the trade unions in the country and continuous
pressure from the ILO, an amendment to the Punjab Industrial Relations Act

           (58) S. Javed Burki, The 18th Amendment: Pakistan's Constitution Redesigned, Institute of
South Asian Studies, Working Paper No 112, September 2010; See also, Z. Shaukat, The
devolved course: Constitutional Reforms and status of Implementation of Labour provisions, Pakistan
Institute of Labour Education and Research (PILER), 2011, p. 91.
           (59) C. Almeida, Pakistan empowers its provinces', Federations: Forum of Federations,
December 2010-January 2011. Federal Government has been influencing the provincial
autonomy over many issues particularly during the promulgation of any legislation, online:
<http://aigaforum.com/articles/federation.pdf>.
           (60) Council of Common Interest (CCI) was constituted under Article 153 of the
Constitution of Pakistan. The purpose of CCI is to resolve disputes between Federation and
Provinces over sharing of power, online: <http://cci.gov.pk/rules-of-procedure-of-cci>.
           (61) Zeenia supra note 58,p.92
           (62) Pakistan Institute of Labour Education and Research (PILER), Status of Labour
rights in Pakistan The Year 2014. PILER, Karachi,p.15



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2010 was made in which that conflicting provision stipulating fifty workers for
the formation of unions was ultimately abolished (63).
        After Eighteenth Amendment, the Khyber Pakhtunkhwa province also
adopted seven laws which comprised labour laws, welfare and industrial
relations laws (64). The labour union representatives asserted that the
Provincial Government made amendments in laws unilaterally, which is
inconsistent to the constitutional mechanism of the Tripartite Conference and
Labour Standing Committee. In addition, the Provincial Government did not
allow Labour Unions, NGO’s, academicians and judiciary to review the
amendments in the law.
        The Sindh Province enacted only Sindh Industrial Relations Act 2010,
the sole labour law of the province till the end of 2014. On the contrary, the
labour department has circulated five drafts of laws such as Sind Workers
Welfare Fund Act, Sindh Factories Act, Sindh Industrial and Commercial
Establishment Act and Companies Profit (Workers Participation) Act amongst
the different stakeholders. The department is yet to receive their feedback
(65).
        The Baluchistan Province has drafted three laws which are still pending
for the approval from the assembly; i) Baluchistan Protection against
Harassment at Workplace Bill, 2014, ii) Baluchistan Child Welfare and
Protection Bill, 2014 and iii) Baluchistan Senior Citizens Welfare Bill, 2014.
The government has enacted two laws pertaining to labour and welfare, i)
Baluchistan Industrial Relations Act, 2010 and ii) Baluchistan Zakat and Usher
Act 2012.

D.     Fundamental labour rights and international obligations
         International Labour Organization (ILO) was created in 1919 with the
primary objective to help build a social framework for peace, prosperity, and
stability during economic progress, which could bring success and social
justice to the life of workers. The United Nations (UN) tripartite agency was
established (employees, employers, and governments) to develop instruments


         (63) A continuous lobbying and consultation with different stakeholders such as
Labour Unions and ILO were occurred with the Punjab Government, finally, it was decided
that the government will omit this clause from the PIRA 2010 with an amendment in May,
2014. This amendment was the result of continuous hard work and proper consultation with
ILO, labour unions, and other counterparts.
         (64) Zeenia supra note 58, p. 93
         (65) Zeenat supra note 19, p. 15.



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and labour standards, which help to achieve ILO’s aims of building a better
social framework for labourers. The ILO conventions are globally ratified by
many countries. The signatory country has legal obligation to transforms it's
legal position and includes these convention provisions in the constitution.
The standards of such conventions are flexible, and do not let any government
pick one of the articles of conventions which they wish to apply. It legally
bounds the signatory countries to implement the true spirit of the conventions
while harmonizing national legislation with the provisions of conventions.

Table 3. The Eight Core Convention of International Labour Organization (ILO)
Sr. No       Category Name                  Name of Conventions
    I        The right to organize
                                 1)         Convention 87: Freedom of Association and
             and      engage     in         Protection of the Right to Organize (1948);
             collective bargaining
                                 2)         Convention 98: Right to Organize and Collective
                                            Bargaining (1949)
   II        The right to equality3)        Convention       100:     Equal      Remuneration
             at work                        Convention (1951);
                                      4)    Convention 111: Discrimination (Employment
                                            and Occupation) Convention (1958)
  III        The abolition of child
                                 5)         Convention 138: Minimum Age Convention
             labour                         (1973);
                                      6)    Convention 182 on the Worst Forms of Child
                                            Labour (1999)
  IV         The abolition            of
                                      7)    Convention 29: Forced Labour Convention
             forced labour                  (1930);
                                      8)    Convention 105 on the Abolition of Forced
                                            Labour (1957)
Source: International Labour Organizations (ILO) official website,
http://www.ilo.org/dyn/normlex/en/f?p=1000:12001:0::NO::: (accessed on 16-04-2016)

       Pakistan became a member of ILO in 1947 and since then, including
eight core conventions it has ratified a total of 36 conventions out of which 33
are in force and 3 were denounced (66). Similarly, the Convention on
Elimination of All Forms of Discrimination against Women (CEDAW), which
encompasses the rights of children including two further protocols, has also
been ratified. Pakistan has also signed the International Covenant on
Economic, Social and Cultural Rights (ICESCR) which contains a number of

         (66) International Labour Organization (ILO) official website (July, 08, 2016)



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provisions associated with economic independence and labour rights. The
Federal Government is responsible for the implementation of ILO
Conventions and other international labour treaties which fall under the
exclusive legislative jurisdiction of the parliament as mentioned in the item (3)
of Part (1) of the Federal Legislative List (FLL) (67).


4. Dichotomy between theory and implementation of the constitution,
labour laws and international covenants

        Pakistan has experienced significant variations throughout its history
due to recurrent changes in political regimes. No labour laws were declared
unconstitutional which were passed during the previous military and
democratic governments (68). The labour laws only changed with the change
in administration. Despite being favorable for the promotion of labour rights,
labour laws have not been properly implemented, and thus benefits accruing
thereof have not been adequately extended to the labourers. The Eighteenth
Constitutional Amendment authorized the Provinces to legislate their own
labour laws. The provinces have passed many labour laws which are against
the true spirit of fundamental human and labour rights embodied in the
Article 9, 11, and 17 of the Constitution of Pakistan (69).

A.      Trade unions and status of labourers
        A recent report revealed that around 7204 trade unions are registered
with more than one and half million members which are less than 2.8% of the
total labour force of the country (70). The enormous labour force in the
country shows the economic capability and strong human capital. But their
less participation in trade unions explains their distrust on trade unions as well
as labour laws. However, the detail of Labour Force, Trade Union and the

         (67) The Constitution of Pakistan is comprised of two lists; the Federal Legislative
List (FLL) and the Concurrent Legislative List (CLL). Federal Government is only
responsible for the legislation of items listed on the list first. The items listed in the second
list authorize both Federal Government and Provincial Government to govern. However,
the functions which are not mentioned in any list will have "residuary powers" allowed to the
provinces.
         (68) Christopher supra note 22, p.52.
         (69) The Constitution of Pakistan, 1973, Article, 9, 11, 17; See also, K. Ahmed,
Labour Movement in Pakistan Past and Present, 2nd Edition, 2011, Institute of Workers
Education and Labour Studies, Lahore, Pakistan, p. 110-11.
         (70) Sabur supra note 46, p.26; See also Pakistan Labour Profile supra note 31.



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Trade Unions with the status of Collective Bargaining is presented in the following
Table. 4.
              Table 4. Trade Unions in Pakistan (2013)71
Total Labour Force of the country                      61.04 Million
Number of Trade Unions                                     7,204
Number of Trade Unions (Collective Bargaining              1,905
Status)
Members of Trade Unions                                  1,800,000
Trade Union Members share of Labour force                  2.8%

        Apart from the aforementioned statistical data, the country’s labour
force is still facing many challenges ranging from membership and registration
of trade unions, status of collective bargaining agents and right to strike. A
recent report by International Trade Union Confederation (IUTC) discloses
that the Federal and Provincial Governments are not fully guaranteeing trade
union rights as preserved in law. In reality, their rights are often violated and
four different cases were registered against the Government of Pakistan in
2013 (72); i) trade union leader was attacked during negotiation with employer
on wages, benefits and job security which reached at deadlock; ii) dispersal of
strike of 400 young doctors who were recording their protest on the criminal
cases launched against their colleagues; the government refused to reinstate
200 young doctors although the health authorities has given written order to
reinstate; iii) difficulty in recognition of Collection Bargaining Agents (CBAs)
as a mining company was denied to be recognized a trade union; iv) undue and
unlawful interference of government agencies or employers during strike when
police intervene in peaceful protest and strike and refuse to bargain (73).
        Subsequent to 18th amendment, the violations and contradictions in
labour laws with the constitution have been noticed in under mentioned areas
of labour rights. The Federal and Provincial labour laws are incongruous with
Article 17 (1) of the Constitution of Pakistan (74). The law basically does not
protect labour from anti-union discrimination. Moreover, the article 8(2) (b) of


           (71) Pakistan Economic Survey, 2015; Pakistan Labour Force Survey, 2015; see also
Pakistan Labour Profile supra note 31.
           (72) Survey of violation of Trade Unions Rights, online: <http://survey.ituc-
csi.org/Pakistan.html#tabs-2>
           (73) Ibid.
           (74) Constitution of Pakistan Article 17 (1) states “Every Citizen shall have the right to
form associations or unions, subject to any reasonable restrictions imposed by law in the interest of Sovereignty
or integrity of Pakistan, public order or morality”.



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Industrial Relations Act (IRA) (75) and 6 (2) (b) of Provincial Industrial
Relations Acts (76), require redundant formalities which create excessive delay
in registration of a free and impartial establishment or trade union for workers.
The article proscribes any other trade union to be registered in the same
establishment or industry if it already has two or more registered trade unions,
until and unless it has at least 20 percent of the workers in the same industry
or group of industries.
        Section 27-B of Banking Companies Ordinance 1962 prohibits that no
member or officer of the bank can use office facility such as telephone, car to
promote trade union or carrying a weapon at the premises of the bank or carry
out any trade union activity during the office hours and only the banking
employee can be the office bearer of a banking industry union (77). It further
describes that if any person who violates this section shall be guilty of and
offense punishable with imprisonment of 3 years, or with fine, or with both.
        Moreover, section 18 of Industrial Relations Act 2012 stipulates that a
person who has been declared guilty and sentenced to imprisonment for two
or more years for committing an offense involving “moral turpitude under the
Pakistan Penal Code” shall be disqualified from being an office bearer of a trade
union, unless a minimum period of five years have been lapsed since his
sentence ended (78). Similarly, section 7 of Provincial Relations Acts specifies
that a person, who has been convicted of heinous offense under the Pakistan
Penal Code, shall be considered unfit for an office bearer of a trade union (79).
The newly promulgated Labour Laws authorize the Federal and Provincial
governments to disqualify any office bearer of a trade union for an unexpired
time period on non-compliance of its orders to stop strike (80). These laws
impose restrictions on trade unions to formulate its programmes and activities
freely because the section 8 of IRA and common section 6 of all Provincial
Relations Acts controls the internal functions of trade unions. Particularly, the
subsection 1(j) describes that a trade union should include and specify the time

         (75) Industrial Relations Act 2012 Art. 8 (2) )(b)
         (76) See Punjab Industrial Relations Act (PIRA) 2010 Art. 6 (2) (b); Sindh Industrial
Relations Act (SIRA) 2013 Art. 6 (2) (b); Balochistan Industrial Relations Act (BIRA) 2012
Art. 6 (2) (b); Khyber Pakhtunkhwa Industrial Relations Act (KPIRA) 2010 Art. 6 (2) (b).
         (77) The Banking Companies Ordinance 1962 Art. 27-B
         (78) Industrial Relations Act 2012 Art. 18
         (79) See Punjab Industrial Relations Act (PIRA) 2010 Art. 7; Sindh Industrial
Relations Act (SIRA) 2013 Art. 7; Balochistan Industrial Relations Act (BIRA) 2012 Art. 7;
Khyber Pakhtunkhwa Industrial Relations Act (KPIRA) 2010 Art. 7.
         (80) IRA 2012 Art. 44(10); PIRA 2010 Art. 56(7); SIRA 2013 and BIRA 2012 Art.
64(7); KPIRA 2010 Art. 60(7).



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of trade union office which should not be more than two years in its
constitution and section 1(l) specifies the frequency of meetings of general
body and executive body of union (81). Furthermore, the newly formulated
law also authorizes the Federal and Provincial Governments to restore the
membership of any expelled member of the trade union with compensation as
damages. The Industrial Relations Act 2012 prohibited certain sectors from
forming or joining a union or holding a trade union office following the
previous repressive and retrogressive Industrial Relations Ordinance 1969
(82).
         The Eighteenth Constitutional Amendment induces numerous hurdles
in the recognition of Collective Bargaining Agents (CBAs) under both Federal
and Provincial Industrial Relations Acts. It requires excessive requisites on
trade unions in respect of awarding a status of CBA such as the union should
have one third of the employees as its members at the establishment or
industry to bargain collectively. There is a possibility that employers can
bypass the representative of trade unions in the absence of bipartite bodies on
fixation of job, transfer of workers, remuneration packages directly with the
worker’s representatives (83).
         The registration process of a trade union is extremely complicated
because the trade unions are required to provide a list of its members with the
name of employer. The list is then forwarded to employer for verification;
mostly employer use delaying tactics including threats, harassment and
dismissal from work to discourage the union activities. The formal private
sector establishment has adopted a new policy to convert non-management
employees’ position into management cadre since labour law prohibit officer
to carry out trade union activities. Moreover, the process of registering the
Trade Union with branches in different province is another unclear area after
devolution of labour laws to the provinces. In view of this, the Industrial
Relations Ordinance (IRO), 2011 was passed to consolidate the legal system
"relating to the formation of trade union and management relations between employers and
workmen in the Islamabad Capital Territory and in Trans-Provincial Establishment and
Industry."



        (81) IRA 2012 Art 8; PIRA 2010 Art. 6; SIRA 2013 Art. 6; BIRA 2012 Art. 6;
KPIRA 2010 Art. 6.
        (82) See supra note discussion 52, 53
        (83) See Survey of violation of Trade Unions Rights, online: <http://survey.ituc-
csi.org/Pakistan.html#tabs-2/>



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         Additionally, the “Trans-Provincial Establishment and Industry” has not
been included in the Federal Legislative List of Constitution of Pakistan. The
Federal Legislative List only mentions the matters and coordination
mechanism within the provinces which is “altogether different from Trans-Provincial
Establishment and Industry” (84). Thus, a consolidated and comprehensive law is
required to address the legal position of trade unions across the provinces
because it cannot be acceptable to the trade unions to follow different
legislations in any particular province.
         The United States (US) Country Report on Human Rights Practices
indicated various structural legal problems in Pakistan (85). Trans-Provincial
labour laws are unclear and the power and authority on labour related areas
have been already transferred to the provinces through the abolition of
Concurrent Legislative List (CLL) which had six exclusive labour and
employment related entries. The weak enforcement of labour laws shows the
political unwillingness and lack of competence. In addition, many workers
from several government institutions and export processing zones are
prohibited from carrying out a strike and collective bargaining. Accordingly,
many labour groups have reported that problems such as violence and
freedom of association persist in their establishments (86).
         In 2015, International Trade Union Confederation (IUTC) reported on
Global Rights Index of World's Worst Countries for workers regarding their
fundamental rights, right to bargain, right to strike, right to assemble freely and
access to legal process. The report discloses that Pakistan is ranked at bottom
with a score of 5 on a scale of 1 to 5 (87). This further states that the
government and other companies are seriously engaged in crushing the efforts
of collective voice of workers and putting their fundamental rights at threat.
During 3rd World Congress in 2014, IUTC reveals that Pakistan is one of the
24 countries who are at risk of “experiencing a profound failure to guarantee laws that
ensure fundamental rights for all workers” (88).

        (84) Industrial Relations Ordinance, 2011, Business Recorder, published on 3rd
August, 2011, online: <http://www.forexpk.com/economicupdates/exclusive-articles/iro-
2011.html>
        (85) The US Country Report on Human Practices, 2015 reveals serious structural
legal problem on Federal level that Labour Laws are being violated, 2016, online:
<http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper>
        (86) Survey of violation of Trade Unions Rights, online: <http://survey.ituc-
csi.org/Pakistan.html#tabs-2>
        (87) Ibid.
        (88) Human Rights Commission of Pakistan, online” <http://hrcp-
web.org/hrcpweb/wp-content/uploads/2016/04/Labour-2016.pdf>



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        In relation to above said violations, three active and two follow-up
cases have been registered in ILO’s Committee on Freedom of Association
against the Government of Pakistan (89). The cases include various serious
allegations such as anti-union activities, harassment, and violence on trade
union members against employers and government of Pakistan.

B.     Occupational health and safety of workers
       ILO has formulated more than forty regulations, particularly
concerning with the Occupational Health and Safety (OHS) issues. It has three
major regulations; The Occupational Safety and Health Convention 1981 No.
155, Promotional Framework for Occupational Health Services Convention
2006 No. 187 and Occupational Health Services Convention 1985 No.161. It
is worth mentioning that Pakistan has not so far ratified any of these major
conventions on Health and Safety of workers.
       Pakistan is an agricultural country comprising a huge amount of
informal workers in this sector. A large quantity of pesticides is used for
farming which is extremely hazardous to the health and safety of the workers.
Recently a report on labour injuries revealed that the percentage of injuries per
sector were 49.1 % of workers in the agriculture and fisheries sector, 15.2 %
from the construction sector, and 13.3 % from the manufacturing sector (90).
Mostly workers from agriculture and other sectors are lacking access to
education regarding protective measures, which results in injury and diseases
while working in the field. Fire incident in Karachi at Gadani Ship Breaking
Yard is one such example where at least 25 people were killed and 58 got
injured when the ship’s fuel tank exploded on 1st November, 2016 (91).
Another devastating fire occurred in a Garment Factory in Baldia, Karachi that
resulted in 276 workers death which highlights non-compliance and lack of




        (89) ILO, Freedom of Association Cases, online:
        <http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:20060:0::NO::P2006
0_COUNTRY_ID,P20060_COMPLAINT_STATU_ID:103166,1495810>
        (90) Pakistan Bureau of Statistics conduct survey on many issues, Labour Force
Survey is also one of them, the said report was published in 2013-2014, online:
<http://www.pbs.gov.pk/content/labour-force-survey-2013-14-annual-report>
        (91) Gadani Ship Breaking yard Industry, Karachi fire incident happened on 1st
November, 2016 took 22 labourers died and more than 50 were injured, online: <
https://www.geo.tv/latest/119390-Death-toll-from-blast-at-Gadani-ship-breaking-yard-
mounts-to-16>



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labour inspection (92). Such incidents indicate the authority’s unwillingness
and inability to comply with the OHS laws and standards as assured in the
constitution.
        Nevertheless, the Factories Act of 1934 specifies that factory managers
must inform labour department about any mishap or accident but the factory
managers and authorities consistently neglect to inform the department.
Pakistan has ratified the ILO Convention No. 81 on Labour Inspection which
requires regular labour inspection under the supervision of a central authority
to secure and enforce legal provisions concerning the protection of labour’s
health and safety (93). The media generally covers major industrial accidents;
however, individual industrial accidents are often not reported. There is no
reliable source available to the public regarding industrial incidents except
media in the country. Though, the Provincial Labour Departments have their
own labour inspection system but they lack proper inspection and
documentation and their reports are not shared with stakeholders. The
Industrial establishments deliberately conceal such issues from public. The
following table provides a glimpse of industrial accidents during the year 2015.




          (92) A garment factory is situated in Karachi caught fire in 2012. The fire is
considered to be the most devastating fire in the history of the country which resulted about
276         workers       dead       and         600        workers       dead,        online:
<http://tribune.com.pk/story/954524/baldia-factory-fire-three-years-as-many-reports-and-
the-trial-goes-on/>
          (93) ILO Labour Inspection Convention, 1947 (No. 81)



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Table. 5. Industrial Accidents in 2015
Sr. No       Nature of Accidents                 Date                 Place              Deaths      Injured
1.                Electrocution               January         Coalmine, Mach,                   1       -
                                                                   Bolan
2.                Mine Collapse               January        Marble mine, FATA                  12      -
3.                  Boiler Blast              January          Landhi, Karachi                  -      2
4.               Coal Mine Blast              January           Kalaya, Shangla                 6      10
5.                Mine collapse               January         Mohmand Agency                    18      -
6.             Mine gas explosion             February          Dukky, Loralai                  8      14
7.                  Boiler Blast              February            Mirpurkhas                    -      3
8.                  Boiler Blast                 March          Baldia, Karachi                 2      1
9.                Gas Inhalation                 April         Korangi, Karachi                 6       -
10.                 Boiler Blast                  May           SITE, Karachi                   -      18
11.           Quarry rock roll over               June         Gypsum mine,                     1       -
                                                             Lucky banda, Karak
12.               Gas Inhalation                 August        Muzaffargarh                     4       -
13.              Factory building            September               Multan                     4      18
                     collapse
14.                Boiler Blast             November              Gujranwala                    -      3
15.              Factory collapse           November                 Lahore                     53    100
16.                 Boiler Blast            November                 Lahore                     5       -
17.              Coal mine blast            November                 Quetta                     -      3
Source: <http://hrcp-web.org/hrcpweb/wp-content/uploads/2016/04/Labour-2016.pdf> (accessed on
15-12-2016)

       The discussion and the statistical data on industrial accidents shown in
Table 5 affirm the inability and non-compliance of Federal and Provincial
Governments on labour laws and international conventions. The labour
department is undermining the labour inspection which is against ILO
convention. The current legal system covers only registered factories and
shops, neglecting the informal sectors, such as the agricultural and service
sectors, from the inspection mechanism perspective. The Provincial Labour
Department is responsible for bringing such industrial incidents into the



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record under Provincial Health & Safety Act particularly after 18th
amendment. But the reports are not published regularly and distributed among
stakeholders due to poor governance and ineffective functioning of labour
inspection system.

C.      Women workforce participation in labour unions
        Women’s participation in the global economy has enlarged their
precariousness and vulnerability which is highest in South Asia because it has
highest vulnerable employment rate around the globe at 84.5% for women and
74.8% for men (94). The status of women in Pakistan is not different from
rest of South Asia; the contribution of women is fewer in all spheres of life
particularly politics, economy and trade unions. Gender Development Index
(GDI) observes the country’s performance focusing on specific indicators,
which involve life expectancy, living standards, level of income and education.
In this index, Pakistan is ranked 147th out of 161 countries in the world (95).
In addition, measuring Gender Empowerment in terms of evaluating Gender
Equality in Decision Making on social, economic and political issues, Pakistan
has been ranked 71st out of 88 countries. As a matter of fact mostly women
work as an unpaid worker for their family; therefore, their participation in the
economy is limited and unrecognized (96). Meanwhile, the participation of
female labour force in Pakistan has increased from 9.8 % in 1999-2000 to 15.5
% in 2010 (97). Although the Articles 25 and 38 of the Constitution of
Pakistan clearly mention that state is responsible to provide equal
opportunities for the well-being of the citizens without discrimination on the
basis of sex, creed or race (98).



         (94) Gender Parity in Pakistan (TGP) Project, ILO Country Office for Pakistan,
Islamabad. ILO,. Social Protection Floor: For A Fair Globalization. Report by Advisory
Group Chaired by Michelle Bachelet, Convened by the ILO with Collaboration of the
WHO, 2011, Geneva, Switzerland.
         (95) United Nation Development Projects observes the status of its member states
by particularly focusing on some important issues such as, women empowerment, education,
life expectancy and income level and rank the members states on their performance, Pakistan
has been ranked as 147th country out of 161th members countries, online:
<http://hdr.undp.org/en/composite/GDI>; T. Javed, Understanding the Labour Issues in
Pakistan, Pakistan Institute of Legislative Development and Transparency, 2006, p. 18.
         (96) T. Javed, Understanding the Labour Issues in Pakistan, Pakistan Institute of
Legislative Development and Transparency, Karachi, 2006, p.18.
         (97) ILO survey report on Labour Force Survey, 2009-2010.
         (98) The Constitution of Pakistan, 1973 Art. 25 and 38



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         Moreover, the Government of Pakistan has ratified two important
conventions; 1) Equal Remuneration Convention, 1951 (No. 100); 2)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
Both conventions require the application of these conventions in letter and
spirit by the ratifying states. Convention 100 laid down the principles of equal
remuneration for workers regardless their gender. Similarly, it obligates the
ratifying states and other authorities to include the standards in national laws
to determine their wage and written agreement between employer and
employee and to ensure the application of all legal principles of equal
remuneration for men and women workers for the equal level of work (99).
Whereas, the convention on Discrimination (Employment and Occupation)
Convention 1958 (No. 111) specifies “discrimination as any distinction, exclusion or
preference made on the basis of race, colour, sex, religion, political opinion, national
extraction or social origin, which has the effect of nullifying or impairing equality of
opportunity or treatment in employment or occupation” (100) The article discusses the
discrimination related to the right to receive vocational training, access to
employment and in certain occupations and also terms and conditions related
to employment. The convention requires the ratifying states to include these
clauses and declare a national policy in order to provide equal opportunity and
treatment for any specific employment and occupation. The main purpose of
these conventions is to eradicate discrimination through cooperation between
employers and employees by providing them educational training
programmes.
         The country has introduced various labour laws to ensure the
guarantees provided in the Constitution of Pakistan and application of ILO
convention on equal remuneration for women and men from time to time. In
order to comply with the fundamental rights, ‘Factories Act 1934’ was
promulgated. The Act contains provisions about medical care, working
condition, rest interval, health and safety, overtime, holiday, child labour and
working hours for men and women. Moreover, “Maternity Benefits
Ordinance, 1958” was formulated which is generally applicable to formal
industries.



       (99) ILO Convention on Equal Remuneration, 1951 (No. 100); online:
<http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_
INSTRUMENT_ID:312245:NO>
       (100) ILO Convention on Discrimination (Employment and Occupation) 1958,
(No. 111) article 1(a).



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        Commercial establishments are increasing day by day and employing
more and more female workers but their employment terms do not cover the
benefits which they are entitled by law otherwise. The benefits are only
available for regular employees of such industrial establishments. A large
number of female workers are employed in Transport Sector as receptionists,
attendants, clerks, bus hostess, and supervisors but they are not given their
legal privileges such as maternity benefits, exemption from odd duty hours
(night duty), separate washrooms and dining place etc. due to weak legislation
and lack of provisions on such issues under "Road Transport Workers
Ordinance, 1961" (101). Social Security and Old age benefits are only
restricted to permanent employees of such commercial establishments.
However, most of the female workers are employed for the short period and
as home-based workers where these laws do not apply. The informal and
home-based workers are also not covered by Social Security and old-age
benefits from Workers Welfare Fund (WWF) (102) because this merely covers
the permanent workers. The Labour Laws of Pakistan do not allow gender
discrimination in pursuance of employment, wage and profession; however,
interpretation and practice of such laws lead to indirect gender discrimination.
The significant example is agriculture sector, which is employing 54% of
women labour force in the country but this sector is neglected in terms of
scope and protection under labour laws (103).
        The country’s total labour workforce is about 61 million out of which
half of the population consists of Female Labour Force, whereas the role of
the female labour force in the Labour Market is much less as compared to
other countries (104). According to the Government’s recent Survey Report
(105), the percentage of women in the workforce has raised to 17 % in the
recent years. However, their wages, working conditions and benefits of social
protection are far from satisfactory level. They are victim of discrimination in
the payment of wages. The principle of “Equal Pay for Equal Work” as laid
down in ILO Convention No. 100 ratified by the Government of Pakistan is




         (101) Road Transport Workers Ordinance, 1961 of Pakistan
         (102) The Federal Government established Workers Welfare Fund (WWF) in 1971
under “Workers Welfare Fund Ordinance 1971” with the initial contribution of PKR 100
(million) to provide housing and other facilities to industrial labour on subsidized rates.
         (103) Pakistan Bureau of Statistics, Labour Force Survey, 2014.
         (104) Government of Pakistan, Labour Force Survey, 2009-2010.
         (105) Pakistan Bureau of Statistics, Annual report, 2015



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not respected in its true spirit (106). They are subjected to lower wages,
hazardous working conditions and deficit of social protection on account of a
lack of organization and precarious job situation. They are also subjected to
the “Glass Ceiling” that does not allow them equal opportunity for
advancement in their careers in comparison to their male counterparts.
        Most of the women labour force in the country is not educated which
is one of the reasons for noncompliance and implementation of provisions for
women labour force. For example the “Standing Order Ordinance 1968” states,
the women workers who are working on a temporary basis should be
regularized accordingly. But the industrial exploitation is depriving these
women workers from welfare benefits such as maternity benefits, social
security, and right to have permanent job.
        Despite a huge number of female labour forces (about 15.5% in the
country) (107), their participation in the labour union is inadequate. Most of
women are employed on temporary and contractual basis and on piece rate.
Mainly their job is concentrated in informal and home based sector where
health, safety and working conditions are not suitable for them. Also, Labour
laws, social security and maternity benefits cover only formal sectors. They
also neglect agriculture sector from the scope and protection of labour laws
which employs 54 % women of its labour force (108). Mostly female labourers
believe that if they become a member of trade union, they will be harassed or
sacked by the management. They also believe that trade unions are not helpful
in any case therefore, it is better not to be a member of any trade union
because of their sole breadwinner status in the family. Overall the reason for
low participation of women labour force in trade unions is low job growth,
low education and lack of skills. Gender discrimination is also one of the
reasons for not participating in the trade unions.
        It is, therefore, necessary to educate women labour force and trade
unions about their legal rights as enumerated in the Constitution of Pakistan.
Trade unions and civil society should come forward to raise this issue and
stand beside the women workers and trade unions. Women workers should be
encouraged to be a member of trade unions to fight for their right to freedom
of association and bargain collectively against exploitation and for their legal
rights.

       (106) K. Ahmed, Labour Movement in Pakistan Past and Present, 2nd Edition,. Institute
of Workers Education and Labour Studies, October, 2011, Lahore, Pakistan, p.118.
       (107) Pakistan Bureau of Statistics, Labour Force Survey 2014-15.
       (108) Ibid.



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5. Conclusion

         The Constitution of Pakistan promises equal rights for men and
women in relation to employment, wages, and occupation. The National
Policies also reflect these constitutional commitments in adopting and
respecting the international obligations and human rights. The country has
ratified 36 ILO conventions including 8 core conventions and has
incorporated most of these clauses in its national and provincial policies. The
constitution uses legislation to ensure the fundamental rights of liberty and
security of life of workers and right to form association or union and to
become a part of such unions. The constitution prohibits slavery and forced or
bonded labour. The state has the utmost responsibility to scrutinize and settle
the contradictions between any laws and customs that are contrary to the
fundamental rights enumerated in the constitution. This study explores many
issues including the pre- and post-independence evolution of Labour Unions
and Labour Laws in Pakistan, but three topics are particularly discussed i)
Trade Unions status and Labour rights; ii) Occupational Health and Safety of
workers; and iii) Women workforce participation in trade unions.
         The history of Pakistan reveals that labour laws change with a change
of government. The discussion also reveals that most of the governments,
especially the military governments, had passed anti-labour laws prohibiting
the formation of unions or associations at the workplace. These repressive
policies resulted in the violation of fundamental rights. Nevertheless, most of
these repressive labour laws were abrogated by the democratic government of
2008. The historic 18th amendment was an attempt to ensure further
provincial autonomy. Consequently, the Concurrent Legislative List was
abolished and many subjects including Labour were devolved to the provinces
(109). Pursuant to the 18th Amendment, the provinces enacted their own labour
laws. The provincial laws are mostly exploitive and anti-labour thus, the
current labour laws are not sufficiently addressing the fundamental labour
rights as promised in the constitution and international covenants. The
Government of Pakistan should recognize that the constitutional amendments
have not resulted in protecting guaranteed rights as promised in ILO
Conventions. Essential measures are required to be taken to secure Pakistani
workers from exploitation. Currently, the biggest challenge for Pakistan is 18th
amendment which devolves this subject to the provinces. Therefore, first of
all, the Federal government should ensure that the provinces are framing laws

       (109) See supra note discussion at 57



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according to international commitments and ILO conventions and secondly
its implementation in true sense. Since the Federal Government is the member
of ILO, not the provinces, therefore, the responsibility lies upon the Federal
Government to save the workers from anti-labour laws.
        Although, Pakistan has ratified the ILO Convention No 100 on “Equal
Pay for Equal Work”, but the country has been unable to ensure the same
opportunity to women workers as available to their male counterparts.
Furthermore, these factors, such as “Protection of Family” and “Inhumane
conditions for women and children’s," have also lessened the women representation
in trade unions. The participation of women labour force is increasing day by
day, therefore, the policies should focus on their smooth and comfortable
entry in the business cycle. The main reason of less participation of women
workers in trade unions is lack of knowledge of labour laws, lack of skills and
low literacy rate. Women workers should be educated though different
seminars on their right of freedom of association and bargain collectively to
raise their voice against exploitation and their legal rights.
         Pakistan is yet to ratify the most important conventions of ILO on the
Occupational Health and Safety of Workers which has resulted in the
exposure of safety related issues. For example, the failure of proper industrial
inspection and monitoring under Factories Act 1934 resulted in a recent
devastating fire incident at Gadani Ship Breaking yard, Karachi which took
away 25 lives and Baldia Factory in Karachi taking away 276 important lives
(110). The provincial governments should ensure thorough industrial
inspection and ensure access to industrial accidents data on their website for
the stakeholders. Pakistan needs to ratify these important ILO Conventions
on Health and Safety of workers and establish a strong mechanism for the
proper implementation and monitoring of such laws.
         Thus, Federal Government should develop a broad policy framework
taking into account the ILO Conventions and Constitutional provisions to
guide provinces in promulgating their labour laws. Furthermore, the Federal
government should develop coordination with provinces to provide necessary
guidelines that provincial labour laws represent the international commitments
and adherence to the constitution. The tripartite labour conference should be
held regularly to ensure the viability and concordance of laws with all
stakeholders.



       (110) See supra note discussion at 92, 93



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        The Supreme Court Pakistan has the jurisdiction to revisit and interpret
the labour laws which can play a pivotal role in protecting labour rights. The
Court can save labour rights and ensure their proper implementation as
stipulated and envisaged in the Constitution of Pakistan by using its
jurisdictional power.


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