Pakistan - CLR

LABOUR RIGHTS INDEX 2022

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Pakistan’s overall score is 51 out of 100. The overall score for Pakistan is lower than the regional average observed across South Asia (56.33). Within the South Asian region, the highest score is observed for Nepal (72).

Pakistan ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1951 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1952.

Labour Rights Index 2022

51/100

LRI Country Score

0/100

Trade Union Indicator

4.73 %

Trade union density rate (%)

- %

Collective bargaining coverage rate (%)

4.64

SDG indicator 8.8.2

-

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0 §1-3 of the Punjab Industrial Relations Act (PIRA), 2010; CEACR, C87, Obs. 2018

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0 §1-3 & 24 of PIRA 2010; CEACR, C98, Obs. 2021; USDOS CRHRP 2021

A / B

Does the law provide for the right to strike?

No

0 §41 & Schedule of PIRA 2010; CEACR, C87, DR 2018; USDOS CRHRP 2021

A / B

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0 §11X of the Anti-Terrorism Act 1997; §18(1)(e) & 64(3) of PIRA 2010; CEACR, C87, DR 2018; USDOS CRHRP 2021

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100.

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT.

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT.

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT.

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March. For a detailed description of ratings and methodology, please follow the link.

To find an ITUC affiliate in your country, please check the LINK:

Violations

National Labour Legislation / ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)

§24 of PIRA 2010

24. Collective bargaining agent.– (1) Where there is only one registered trade union in an establishment or a group of establishments or industry, that trade union shall if it has as its members not less than one-third of the total number of workmen employed in such establishment or group of establishments, or industry upon an application made in this behalf be certified by the Registrar in the prescribed manner to be the collective bargaining agent for such establishment or group of establishments or industry.

(2) Where there are more than one registered trade unions in an establishment or a group of establishments, or industry, the Registrar shall upon an application made in this behalf by any such trade union which has as its members not less than one-fifth of the total number of workmen employed in such establishment or group of establishments or industry or by the employer or the Government, hold within fifteen days from the making of the application, a secret ballot to determine as to which one of such trade unions shall be the collective bargaining agent for the establishment or group of establishments or industry.

(3) The Registrar may, in the case of a large establishment having its branches in more than one towns, hold the secret ballot within thirty days from the making of the application.

CEACR, C98, Obs. 2021; USDOS CRHRP 2021

Article 4. Collective bargaining. The Committee previously noted that, according to section 19(1) of the IRA and section 24(1) of the BIRA, KPIRA, PIRA and SIRA, if a trade union is the only one in the establishment or group of establishments (or industry in the BIRA, KPIRA, PIRA and SIRA) but it does not have at least one third of the employees as its members, no collective bargaining is possible at the given establishment or industry. The Committee recalled that the determination of the threshold of representativeness to designate an exclusive agent for the purpose of negotiating collective agreements which are destined to be applied to all workers in a sector or establishment is compatible with the Convention in so far as the required conditions do not constitute an obstacle to the promotion of free and voluntary collective bargaining in practice. The Committee therefore urged the Government to take the necessary measures to ensure that if there is no union representing the required percentage to be designated as the collective bargaining agent, collective bargaining rights are granted to the existing unions, jointly or separately, at least on behalf of their own members.

At the provincial level, laws providing for collective bargaining rights excluded banking- and financial-sector workers, forestry workers, hospital workers, self-employed farmers, and persons employed in an administrative or managerial capacity.

Violations

National Labour Legislation / ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)

§41 & Schedule of PIRA 2010

41. Strike or lock-out in public utility services.– (1) The Government in the case of a strike or lock-out relating to an industrial dispute in respect of any of the public utility services may, by order in writing, prohibit a strike or lock-out at any time before or after the commencement of the strike or lock-out.
“SCHEDULE

PUBLIC UTILITY SERVICE

[see section 2(xxiii)]

1. The generation, production, manufacture, or supply of electricity, gas, oil or water to the public.

2. Any system of public conservancy or sanitation.

3. Hospitals and ambulance service.

4. Fire-fighting service.

5. Any postal, telegraph or telephone service.

6. Railways and Airways.

7. Dry Ports.

8. Watch and ward staff and security services maintained in any establishment.”

CEACR, C87, DR 2018

The Committee had previously noted that: (i) sections 42(3) of the IRA, 48(3) of the BIRA, 44(3) of the KPIRA, 40(3) of the PIRA and 41(3) and (4) of the SIRA, provide that, where a strike lasts for more than 30 days, the Government may, by an order, prohibit such a strike, provided that a strike can also be prohibited at any time before the expiry of 30 days if “it is satisfied that the continuance of such a strike is causing serious hardship to the community or is prejudicial to the national interests”; (ii) the Government can prohibit a strike related to an industrial dispute “of national importance” (sections 45 of the IRA and 49 of the BIRA) or in respect of any public utility services, at any time before or after its commencement (sections 45 of the IRA and KPIRA, 49 of the BIRA, 41 of the PIRA and 42 of the SIRA); (iii) a strike carried out in contravention of the above sections, is deemed illegal by virtue of sections 43(1)(c) of the IRA, 63(1)(c) of the BIRA, 59(1)(c) of the KPIRA, 55(1)(c) of the PIRA and 56(1)(c) of the SIRA; and (iv) according to the schedules of the IRA, KPIRA, PIRA and SIRA the lists of public utility services include services such as oil production, postal services, railways and airways. The Committee notes the Government’s indication that under section 49(5) of the PIRA, the government is legally bound to refer the dispute to the Labour Court immediately after prohibiting the strike. In this way, a strike which fails to resolve the dispute after thirty days is discontinued and an amicable settlement or award through judicial process is facilitated by the Government in the interest of all stakeholders.