Guest Speaker:F ih l K i  Siddi iFasihul Karim Siddiqi

Brief History of Labor Policies in Pakistan and the arising challenges

The voluminous size of Labor Legislation in Pakistan and the arising challenges.

International Labor Conventions and Core Labor Standards ratification by Pakistan and the arising challenges.

18th constitutional amendment – its timing and arising challenges  in the area of labor legislation.

Impact of 18th amendment on the industrial relations laws in particular and the Labor Laws in general.

h dil d i i h f d The dilemmas and opportunities ‐ the way forward

50’S INDUSTRIALIZATION: PICIC & OTHER INSTITUTIONS

PATERNALISTIC POLICY 15.8.55 1ST LABOR POLICY OF PAKISTAN BY DR. MALICK

POLITICAL INSTABILITY GOVT EMPLOYERS Synonymous with Labor Welfare

Contained basic ingredients of Labor PolicyIt undertook to raise Standard of Living of workers;

•To improve conditions of work•To ensure reasonable return on labor•To ensure reasonable return on labor•To encourage healthy trade•Unionism & Collective Bargaining•To provide workers with requisite Social Security•To give a sense of participation through Consultative means

NON-PROGRESSIVE &NON-ENLIGHTENED

DEADDEADLETTER

CAPTURING HUMANMORE RELATIONSMORE RELATIONSMARKET WAS THE

WORSTVICTIM

4.2.59 2ND LABOR POLICY BY LT. GEN. WAJID ALI BURKI

LEGALISTIC PRINCIPLE Based on the premise that Industrial Peace is prerequisite of increased productivity

&BUREAUCRATIC IN DETAILS - Discourage agitation, tension& friction in Labor-

Management Relations- Emphasized importance of healthy Trade Unionism for Growth of stable Social Structure

MIS-USE OF LABOR LAWS - Expressed belief for providing Social Amenities to workersLED TO FRUSTRATIONAMONG WORKERS

MAJOR LEGISLATIONS:Industrial Disputes Ord. 1959Trade Union Act, 1926 amendedDEFECT:Legalistic Labor Policy turned into exploitive

apparatus for labor

5.7.1969 3RD LABOR POLICY BY AIR MARSHALL NOOR KHAN

BILATERALISM ABNORMALPOLITICAL - Thinking the labor educatedFEND L b M b h FEND. - Labor-Management brought on

equal footing- Un-fettered right of ‘strike’Un fettered right of strike- Parties left to themselves

CONCEPT OF PARTNERSHIP 10.2.72 4TH LABOR POLICY BY Z.A.BHUTTOBETWEEN LAB-MANAGEMENT

Paternalistic Policy – JapanLegalistic policy – Australia, New Zealand Bil li UK & USA E i f 3 d L b P li i h i i Bilateralism - UK & USA Extension of 3rd Labor Policy with new innovation

of Concept of Partnership

SALIENT FEATURES:• Effective participation of workers in

Management of Industry• Workers Authority to audit Company’s Account

Promotion of healthy trade unionism Collective • Promotion of healthy trade-unionism, Collective Bargaining

• Institution of shop-stewards, Works Council etc• Children’s education, Compulsory Group

I Old A P i G I ti Insurance, Old-Age Pension, Group-Incentive Scheme, Social Security, Workmen’s Compensation, Share in Profit, Welfare Fund etc

• Settlement of Industrial Disputes & Grievances• Administration of Justice• Cognizable & Punishable offences

2002 ADJUSTMENT OF RIGHTS 5TH LABOR POLICY BY M. OWAIS GHANI

OBJECTIVES &INITIATIVES- Support to bilateral and tripartite mechanisms for policy

formulation, self-regulation, and peaceful resolution of disputes- Regulatory authority of government to be exercised only when

bilateral mechanisms fail to resolve disputes- Consolidation/simplification of labor laws- Structural legislative changes to provide easy access to speedy

justice in the labor sector- Promotion of employee’s social security and social insurance

programs and improvement of labor welfare institutions namely; programs and improvement of labor welfare institutions namely; Workers Welfare Fund, Employees Old-Age Benefit Institutions, and Provincial Employees Social Security institutions

- Progressive extension of labor laws and welfare measures to ginformal and unorganized sectors

- Special emphasis on workers’ children education- Combating child and bonded labor- Eliminations of gender discrimination to reinforce gender

equality

1st May 2010 BALANCING OF RIGHTS 6TH LABOR POLICY BY PM Yousuf Raza Gillani

OBJECTIVES &INITIATIVESWorkers’ Right To Form Unions; Union Protection And An Institutional Framework To Foster Bilateralism At The Establishment LevelEquitable Adjustment Of Rights Between Workers And Employers To Be EnsuredConsultation Between Workers And Employers On Matters Of Establishment Interest And Welfare Of Workers To Be Made Establishment Interest And Welfare Of Workers To Be Made More EffectiveAdequate Security Of Job To The Workers To Be Made Available Along With Expeditious Redressal Of Their Grievancesg pConditions To Be Created For Commitment On Enhancing Labor Productivity Between Labors And EmployersPromotions To Higher Jobs Based On Suitability And Merit To Be Ensured And In-Service Training Facilities To Be EncouragedSocial Insurance Schemes To Be StrengthenJust And Humane Conditions Of Work To Be Guaranteed To All WorkersForced Labor To Be Eliminated In All FormsEnforcement Of Provisions Relating To Employment Of Children

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18th Amendment in 1973 Constitution of Pakistan• 18th Amendment Act 2010 passed by Parliament on 20-4-2010

• Under constitution of Pakistan 1973 prior to 18th amendment there• Under constitution of Pakistan 1973 prior to 18 amendment, therewas a concurrent Legislative List. Labor Trade Unions, industrial andLabor disputes were listed as item no 26 ,27 & 28 of ConcurrentLegislative List in the fourth schedule of the constitution.g

26. Welfare of labor; conditions of labor, provident funds; employers’liability and workmen’s compensation health insurance includingliability and workmen s compensation, health insurance includinginvalidity pensions, old age pensions

27 Trade unions; industrial and labor disputes27. Trade unions; industrial and labor disputes.

28. The setting up and carrying on of labor exchanges, employmenti f ti b d t i i t bli h tinformation bureaus and training establishments.

Th b th th F d l G t d th P i i l G t • Thus both the Federal Govt and the Provincial Govt could simultaneously promulgate legislation in relation to Trade Union, Industrial and Labor dispute, welfare of , p ,Labor and condition of labor etc.

A f b li h f li i • As a consequence of abolishment of concurrent list in the 18th amendment, it is only for Provincial Government which are constitutionally entitled to ylegislate in labor matters.

Supreme Court on 18th Amendment

In constitutional petition no 2/2011 in the case reportedas 2011 SCMR 1254 titled Airleague of PIAC Employees Vs.g p yFederation of Pakistan, Ministry of Labor and ManpowerIslamabad, the full bench of the Supreme Court ofPakistan presided over by the Hon’ble Chief Justice ofPakistan presided over by the Hon ble Chief Justice ofPakistan announced on 2nd July 2011, that the 18th

Constitutional Amendment has abolished the ConcurrentL i l i Li d h F d l G h l hLegislative List and the Federal Government has lost thepower to legislate regarding Labor Welfare exceptrecourse to the provisions of Article 144 (1) of thep ( )Constitution.

Article 144 (1) of the constitution provide that if one ormore Provincial Assemblies pass resolution to the effectth t M jli Sh (P li t) t l tthat Majlis-e-Shoora (Parliament) to regulate anymatter not enumerated in the Federal Legislative List,then alone, such a law could be passed by theParliament. In other words, Trade Union Industrial andLabor Disputes are now to be enforced by eachProvince to be dealt with under the Labor LawProvince to be dealt with under the Labor Lawpromulgated by these Provincial Governments andworkmen are to avail remedy either through LaborC t L b A ll t T ib l t bli h d b thCourt or Labor Appellate Tribunal established by theProvincial Governments.

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Enactment of Provincial Industrial Relation Laws Enactment of Provincial Industrial Relation Laws 

Industrial Relations Ordinance 2011

Fresh promulgation of all Labor Laws by Provincial Assemblies

Industrial Relation issues concerning International Labor Standards

National Level worker’s and employer’s federationNational Level worker s and employer s federation

National Legislation on Ratified ILO Conventions

New ratifications of ILO conventions