Presented By:

Atif Mumtaz

The Industrial Relations Bill 2008 was tabled in the Senate of Pakistan on August 07, 2008 by Leader of the House, Mian Raza Rabbani for approval in the Minister for Labor, Manpower and Overseas Pakistanis. The Government presented the Bill without any change for approval in the National Assembly on November 19, 2008 President Asif Ali Zardari signed the Act and it was promulgated on December 15, 2008.

Article 11 of the Constitution prohibits all forms of slavery, forced labour and child labour Article 17 provides for a fundamental right to exercise the freedom of association and the right to form unions Article 18 proscribes the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business

Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone Article 37(e) makes provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment Article 38 well being irrespective of sex, caste creed or race; Social Security

Definition: It is the responsibility of both the Federal and Provincial Governments For uniformity laws are enacted by the Federal Government Provincial Governments may make rules and regulations of their own

Industrial Disputes Act 1947 Industrial Disputes Ordinance 1959 Industrial Disputes Ordinance 1968 Industrial Relations Ordinance 1969 An amendment in 2002 Industrial Relations Act 2008 Labour Policy 2010

Contract of Employment & Termination

Formal appointment letter Terms and conditions & nature and tenure Pay, allowances and other fringe benefits One month wages or in lieu of notice

Working Time and Rest Time

9 hours a day and 48 hours a week Rest or meals of at least 1 hour

Leaves
After 12 months service, 14 paid leave After 4 months, 6 weeks Maternity leave 14 days of Annual leave, 10 days Casual leave

Minimum Age & Protection of Young Workers

14 and 18 years with adolescent certificate Child can 5 hours in a day

Pay Issues
Minimum of Rs. 6,000 (from 2008)

Trade Union and Employers Association

Registered Unions Strikes & Lock-outs Without Notice of conciliation Strikes & Lock-outs are illegal

Collective Labour Disputes

Commencement of a dispute,
Give written notice 15 days Notice to settle by negotiation

Conciliation
Serve a notice within 15 days for not settlement A copy to Conciliator and Labour Court

Arbitration

If the conciliation fails agreed upon Arbitrator Arbitrator gives his or her award within 30 days Award is valid for 2 years

Labour Courts
At Provincial level

Total: 53 million people 47 % within the Agriculture sector 10 % in the Manufacturing & Mining sector 43 % in other professions

In the police or any of the defense services of Pakistan and any services exclusively connected with or incidental to the armed forces of Pakistan, including the ordnance factory maintained by the government.

In the state administration, other than those employed as workers by the railways and Pakistan Post.

As members of the security staff of PIA or drawing wages in pay groups not lower than Group 5; In the Security Printing Corporation of Pakistan or Security Papers Ltd In an institution or establishment for the treatment or care of sick, infirm, destitute, or mentally unfit people; As members of the watch and ward, security, and fire services staff of oil refineries, airports and seaports, and establishments engaged in the production, transmission, and distribution of natural gas and LPG

The Act delineates norms and procedures for formation and registration of trade unions in great detail and provides protection against trade union monopoly.
The definition of a worker under the IRA 2008 includes supervisors, who had been excluded from the corresponding clause in the IRO 2002.

Significantly, the new Act has re-established Labour Appellate Tribunals ,That could potentially allow for speedy hearing of appeals .
Positively, the IRA 2008 takes away the provision in the IRO 2002 to the effect wrongful termination in lieu of reinstatement of the worker .

The Act has also restored certain powers of the Works Council and the Joint Management Board which had been taken away from previous law.
Moreover, the new act allows for union formation in the Employees' Old-Age Benefits Institution (EOBI).

provisions for registration and transparent running of trade unions are silent on potential discrimination within trade unions on the basis of gender, race, ethnicity and national origins.
Fine and imprisonment due to unfair labor practice may consider the violation of labor rights by union leaders.

It doesn't describe the qualification of presiding officers. Provincial govt may appoint them without consultation with chief justice of high court.
Similarly, the qualification and appointment of the Chairmanof the NIRC has also been left to the choice of the Federal Government.

Section 2 of the Act has omitted the definition of contractor , which may affect ,where employers rely heavily on contractors.
Freedom of Association may not be an absolute right; however, any restrictions imposed have to be limited in scope and demonstrably tied up with a public interest.

In case of dissatisfaction, the government must held Tripartite Labor Conference to broad the views of workers, labor leaders and employers.
Legislators must act to amend controversial sections and clauses in the Act.

Basic ILO principles and core labor standards must be taken into account while amending existing law or drafting a new one.
Media and civil society organisations need to under take Dispassionate and critical analyses of laws including the IRA 2008