Capital: Islamabad

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is circumscribed by excessive restrictions, and many workers enjoy limited trade union rights. In practice, trade union rights are often violated. Several trade union activists were arrested, beaten, detained or discriminated against during the year, while at least one was murdered. Private employers often refuse to recognise unions and commonly use union-busting tactics along with police violence.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958)
reported violations - 2011
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958)
Capital: Islamabad

reported violations- 2011
Trade union rights in law
The labour law situation in Pakistan was brought into a limbo on 30 April 2010 after the Government enacted the 18th Constitutional Amendment, which transferred the responsibility in labour matters from federal to provincial governments. In addition, in June the High Court of Sindh (Karachi) confirmed that with the enactment of the amendment the Industrial Relations
industrial relations
The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.
See social dialogue
Act 2008 was repealed and that the Industrial Relations
industrial relations
The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.
See social dialogue
Ordinance 1969 was now again in force. As a result the provinces enacted interim Industrial Relations
industrial relations
The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.
See social dialogue
laws.
The Constitution guarantees freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
, but many workers are denied this right by virtue of the 1969 Ordinance, including forestry, railway and hospital workers as well as some public servants. Union activities are hampered by the requirement that any gathering of more than four people is subject to police authorisation. The Registrar also retains wide powers to inspect the accounts and records of registered trade unions.
While the right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is recognised, employees of state administration, government services and state enterprises – all of which are covered by the 1952 Essential Services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
Maintenance Act – are not allowed to bargain, nor are workers in EPZ
export processing zone
A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws.
s. Workers covered by the 1952 Act are also excluded from the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, and with the re-entry into force of the 1969 Ordinance, the Government can issue orders to prohibit strikes in any public utility service.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is recognized by law but strictly regulated.
In April 2010 the government enacted the 18th Constitutional Amendment, which transferred the responsibility in labour matters from federal to provincial governments. In addition, in June 2010, the High Court of Sindh (Karachi) confirmed that according to the Constitutional Amendment the Industrial Relations Act 2008 stood repealed and concluded that the Industrial Relations Ordinance 1969 was now again into force. In a complaint to the ILO Committee on Freedom of Association filed in May 2010, the Pakistan Workers’ Federation alleged that the Government, by allowing the Industrial Relations Act 2008 to expire, failing to promulgate and implement a new labour legislation in its place, and enacting a Constitutional amendment that transferred responsibility for labour issues to provincial governments, has precipitated a national crisis in the labour justice system, therefore preventing national trade unions from engaging in collective bargaining with their employers in industries of national scope and importance."
Anti-Union discrimination:
- >The law does not specifically protect workers from anti-union discrimination.
The law does not protect workers in export processing zones from anti-union discrimination. Also, section 2-A of the Service Tribunals Act bars workers engaged in autonomous bodies and corporations such as WAPDA, railway, telecommunication, gas, banks, and PASSCO from seeking redress for their grievances in the Labour Courts, Labour Appellate Tribunals and National Industrial Relations Commission in the case of unfair labour practices committed by the employer.
Restrictions
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- In the banking sector, the law restricts the possibility of becoming an officer of a bank union to employees of the bank in question only, under a penalty of up to 3 years imprisonment.
- >Restrictions on the right to freely organise activities and formulate programmes
- Section 144 of the Code of Criminal Procedure makes any gathering of more than four people subject to police authorisation.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
- >Other civil servants and public employees
- With the re-entry into force of the Industrial Relations Ordinance 1969, public servants of grade 16 or above are denied the right to organise.
- >Export processing zone (EPZ) workers
- >Managerial and supervisory staff
- With the re-entry into force of the Industrial Relations Ordinance 1969, persons employed in an administrative or a managerial capacity and whose wages exceed 800 rupees per month are denied the right to organise.
- >Agricultural workers
- With the re-entry into force of the Industrial Relations Ordinance 1969, agricultural workers like self-employed farmers, sharecroppers and smallholders are denied the right to organise.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Excessive requirements in respect to trade unions' representativity or minimum number of members required to bargaining collectively
- Workers may elect their representatives to act as collective bargaining agents. When there is only one trade union in an establishment or group of establishments, the union can be recognised as a collective bargaining agent if it has affiliated no fewer than one thir+E145d of the total number of workers employed. Where there is more than one trade union, workers may elect, by secret ballot, a registered trade union to act as their collective bargaining agent.
Limitations or ban on collective bargaining in certain sectors:
- >Other civil servants and public employees
- Employees of the state administration, government services, state enterprises such as oil and gas production, electricity generation and transmission, and the state-owned airline and ports – all of which are covered by the 1952 Essential Services Maintenance Act – are not allowed to bargain collectively. In addition, with the re-entry into force of the Industrial Relations Ordinance 1969, workers who are denied the right to collective bargaining also include public servants of grade 16 and above, forestry, railway and hospital workers, agricultural workers like self-employed farmers, sharecroppers and smallholders, as well as persons employed in an administrative or a managerial capacity and whose wages exceed 800 rupees per month. The exclusion also includes the public banking and financial sectors.
- >Other categories
- Workers in EPZs are denied the right to bargain collectively.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
Restrictions
Legal barriers to lawful strike actions:
- >Excessively long prior notice / cooling-off period
- It takes at least one month before a strike can be legally declared.
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers''' power to unilaterally prohibit, limit, suspend or cease a strike action
- The federal government has wide powers to prohibit a strike if it lasts for more than 30 days causing "serious hardship to the community" or is "prejudicial to the national interest". In the case of public utility services, strikes may be prohibited at any time before or after the start of the strike.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Based on the 1999 Anti-Terrorist Ordinance, illegal strikes, go-slow actions and picketing are still considered as forms of "civil commotion", which carry a penalty of imprisonment for terms ranging from seven years to life, as well as fines. A one-year prison term is foreseen for anyone who contravenes the ban on strikes established by the Essential Services Maintenance Act.
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- Employees of the state administration, government services, state enterprises such as oil and gas production, electricity generation and transmission, and the state-owned airline and ports – all of which are covered by the 1952 Essential Services Maintenance Act – do not have the right to strike. In addition, with the re-entry into force of the Industrial Relations Ordinance 1969, the Government can issue an order prohibiting strikes in any public utility service.
- >Other limitations (e.g. in EPZs)
- Workers in export processing zones are denied the right to strike.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958)
Capital: Islamabad

reported violations - 2011
In practice
The strikes that do occur are, given the complications attached to organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, usually illegal and short. They are often broken up by police and used by employers to justify dismissals. Union leaders are often arrested. Marches and protests also occur regularly despite the repercussions.
For example in September, Pakistan International Airlines (PIA) pilots from the Pakistan Airline Pilots’ Association (PALPA) began a work-to-rule
work-to-rule
A form of industrial action whereby the workers strictly adhere to all laws, rules and principles that apply to their work, effecting a slowdown.
action as part of a demand to ensure that safety measures were adhered to and that overwork was reduced. The government then invoked the Essential Services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
Maintenance Act 1958, often used to intimidate workers and to prevent industrial action
industrial action
Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer.
in the name of ensuring that essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
are maintained. One month later, on 25 October, PIA management dismissed two senior pilots, one of whom was previously the union’s joint secretary, reportedly without any notice or hearing for their part in the action.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958)
Capital: Islamabad

reported violations - 2011
Violations
Four elected union leaders at the Pearl Continental Hotel in Karachi were illegally dismissed in February. Together with some 200 union members the dismissed officers remained in the hotel basement, and several went on hunger strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Union members and supporters maintained a vigil outside the hotel, refusing to leave until the dismissals were withdrawn and negotiations begun. On March 1, police assaulted and detained some of the supporters outside the hotel - they were later released following a protest action outside the prison. Workers from the Pearl Continental union in Rawalpindi held regular daily rallies and boycotted meals in the workplace in solidarity with the Karachi struggle.
On 20 March workers ended their occupation after a representative of the hotel’s owner directly intervened in the conflict for the first time ever and agreed to reinstate the four union officers. One of the ill hunger strikers and three other union members were hospitalised. The workers of the Pearl Continental Hotel in Karachi have been fighting for over seven years for recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
of their rights to freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
. Workers have been dismissed and detained as a result of the struggle, and the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
has called for a full investigation into the abuses against unionists.
The Mari Gas trade union hung banners at the company premises calling for the regularisation of workers and an end to contract work. Administrative officers and contractors asked Usman Mahar, vice-president of the Mari Gas trade union, to remove the banners, but he refused. After the protests, on 9 March, as he was returning home, five masked men in a car stopped him, shoved him into the car, blind-folded him and drove away. He was allegedly taken to an undisclosed place and tortured. The men threatened to kill him if he did not withdraw the demands for the regularisation of contracts. He was kept for two days until 11 March when the kidnappers ran into the police as they were changing hideout. After an exchange of fire, they fled leaving him behind.
Usman has since filed an official complaint against several persons at the company, but the police has not yet taken any action. An accused contractor stated that Usman had made the kidnapping up to protect his job.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike over appalling working conditions, low wages and difficult working hours. The workers belonged to the Gadani Ship Breaking Democratic Workers’ Union, which had been deregistered by the Labour Commissioner - a move which the union is contesting in court. The ship breaking workers then formed the Progressive Workers’ Union of Gadani Ship Breaking. The Gadani employers, with the help of local police and the Anti-Terrorist Task Force (ATTF), arrested the Progressive Workers Union of Gadani Ship Breaking President Bashir Mehmood Dani and the other officers when the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike began on 16 June. They were released without charge after workers held a protest and management agreed to negotiate with the union. However, management had also agreed to meet the workers’ demands by 30 June 2010 in return for the union calling off its strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike on June 17 but failed to follow through. The ship breaking workers then went on another strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike from 5-7 July. In response to this strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , the employers again agreed to start negotiations with the union and the district court.
A 25 July 2010 agreement negotiated between the International Union of Foodworkers and Coca-Cola successfully resolved a long and bitter conflict over employment and trade union rights at Coca-Cola Beverages Pakistan. Under the agreement, all unfairly dismissed workers were to be reinstated with full compensation. The company recognised the People’s Employees’ Union (PEU) and guaranteed that there would be no harassment or victimisation of union members and officers. 187 workers with precarious jobs were converted into permanent employees. Two weeks after the agreement a new union at Coca-Cola Pakistan’s Faisalabad plant was also recognised, marking another breakthrough.
Since forming the union in the Mulatan Plant in 2009, members had been met with death threats, harassment, abduction and dismissals.
In April 2006 Pakistan Telecommunication Company Limited (PTCL) was taken over. Under an agreement all 61,000 PTCL workers were to have their wages increased, and there were promises of no layoffs. However, since then over 35,000 workers have lost their jobs, and the pay rise was never implemented. Since 2 August 2010, PTCL unions held nationwide strikes for two hours each day in order to press for the wage increase, and on 16 August this was increased to a total strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. PTCL management offered a 30% wage increase with another 20% increase linked to worker productivity by December 2010, but this offer was refused.
On 3 September, after 17 days of striking, union leaders met the Federal Minister of Labour and asked him to intervene. They were told that within three days the main demand – a 50% wage increase – would be met. However, that evening hundreds of policemen attacked the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
camp. It was reported that the police were bribed and that one police superintendent told officers involved that injuries should be severe enough so no one would be able to walk to jail. Over 50 strikers were arrested, with three central leaders charged under anti-terrorist laws and 35 others under 7ATA (Anti Terrorist Act). The arrests continued for the next 24 hours as homes were raided. As a condition for receiving their wages, PTCL workers were forced to sign a statement disassociating themselves from the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Over 250 workers were fired.
Since the September crackdown management has stopped annual bonuses for over 2,000 employees and has refused to pay wages to more than 500 others. The Secretary General of Pakistan Telecom Employees Union and several other leading unionists were unlawfully dismissed and some 250 more fired. The National Industrial Relation Commission suspended the termination orders, but management has not accepted the reversal.
Mustansar Randhawa, founder of the Labour Qaumi Movement (LQM) for loom workers and President of the National Trade union Federation in Faisalabad, was shot dead on 6 August by two unknown people while in the union offices. His older brother Naseer Randhawa, an active member of the LQM, was also killed. Mustansar Randhawa had been receiving death threats from loom and textile mill owners since the LQM announced a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in the textile sector on 6 July. The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was called off after last minute negotiations. The negotiations were due to begin again when the news of the murders came.
Most loom workers work 10 to 12 hour days for less than the minimum wage and without benefits, and many have reported victimisation in the form of beatings, extortion and fabricated cases. The aggressors reportedly operate on the estate grounds with impunity and claim the patronage of the mill owners. Mustansar Randhawa had spoken of being threatened and intimidated by mill owners and their supporters during the past few years.
After the death of the two men, some 200,000 workers went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and picketed the offices of the Commissioner until it was announced that the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for a 17% wage increase and social security coverage had been successful and that their demands were to be met. In addition, four workers who were detained during the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
were released without charges.
On 16 November, Roop Chand Bheel, a Bheel (Dalit) cotton picker, was tortured and then set on fire at the instigation of a landlord. He was accused of stealing 25kg cotton. He later died in hospital after struggling with his life for four days. Scores of Bheel (Hindu Dalit) community people carrying his body held a demonstration outside the press club while others protested at the police office demanding the arrest of the landlord. Police have reportedly arrested three men but not the landlord due to his reported influence.
Over 60% of the workforce is engaged in cotton sector, but agricultural workers including cotton workers are not recognised as workers by the labour law. As such they do not have the right to form a union and negotiate collectively, nor do they have the right to appeal to labour courts in disputes.
Estimates state that between 750,000 and 900,000 people from 200,000 families work in Pakistan’s 11,000 brick kilns (bhatta). This number includes some 250,000 children, or around two-thirds of all working children in the Pakistan. Many children work alongside their families to pay off debts that are so much beyond their means that they will remain unpaid even after decades of continuous work. Employers advance money to workers who cannot leave until they repay the whole amount, and most workers are illiterate and do not know how much money is being repaid. The employers take advantage of this and also impose many “fines” on the workers. The Bonded Labour System (Abolition) Act of 1992 defines this as bonded labour. Efforts to halt this practice have failed to make an impact, as only less than 6,000 bonded labourers have been freed and thousands remain working in appalling camps.
In September 2010, dozens of brick kiln labourers staged a protest in Islamabad. Their leader Inayatullah, president of All Pakistan Bhatta Labour Union, said that the minimum wage of PKR 517 for every 1000 prepared bricks was not prevalent in brick kilns in Punjab.
On May Day 2010 the Pakistan Workers’ Federation and the Pakistan Trade Union Defence Campaign in Quetta protested the 2009 sacking of 265 workers from Merck Serono Quetta who were dismissed for protesting against low wages and other issues. The May Day protest continued until the evening when a representative of the Balochistan government came to negotiate with the workers and promised that the 265 workers would be reinstated soon. By the end of the year this had not yet happened.
Since 2009 workers have been holding protests and several have been on hunger strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. During the protests, workers have been detained and questioned. Criminal charges have also been brought against union officials.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958)
Capital: Islamabad

reported violations - 2011
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958)
Capital: Islamabad

