What are the Unfair Labour Practices in Pakistan?
As per recent surveys, the number of labor workers in Pakistan's commercial and industrial sector
has increased to 65 million. The International Labour Organization (ILO) was established in 1919 with
the aim of setting global labor standards, developing labor policies and devising programs to
promote decent working conditions for the labor class without discrimination. Today, 187 countries
are members of ILO, including Pakistan which joined in 1947.
Pakistan has ratified a total of 34 conventions on labor and social welfare. As a member of the
International Labour Organization (ILO), Pakistan is committed to development and social welfare,
and has taken steps to improve conditions for workers, including industrial development, protection
of the labor force, growth of trade unions, and more.
After the 18th amendment was introduced to the Constitution of Islamic Republic of Pakistan in
1973, labor became a provincial subject. This means that it is the responsibility of Provincial
Governments to deal with this domain, as opposed to Federal and Provincial Governments both
sharing the responsibility as was the case before. With this change, several important laws, rules,
regulations and policies on labor were re-introduced in Punjab and other provinces of Pakistan with
certain changes to regulate the employer-employee relationship in establishments.
The Government of Punjab introduced the Punjab Industrial Relations Act, 2012, with the goal of
protecting the interests of both workers and employers. The act provides rights for both groups and
also outlines punishments for Violation of those rights.
TRADE UNION OR LABOUR UNION
The right of every citizen to form and join a union of his or her choice is guaranteed under Article 17
of the 1973 Constitution. Labour unions or trade unions are established in different public and
private establishments for the purpose of protecting labour workers and negotiating on their behalf
for wages, employment conditions, work conditions and dispute resolution with employers.
Irrefutably, trade unions are important to protect the rights and interests of the most vulnerable
segment of society - the lowest rung of the ladder.
However, it is just as important to monitor Trade Unions to prevent them from becoming too
powerful and disrupting the country's economic growth. To do this, checks are put in place from
time to time and in 2010, the legislature defined certain acts as "Unfair Labour Practices" for
workers. If these practices are carried out against an employer, the worker may be punished.
UNFAIR LABOUR PRACTICES ON THE PART OF WORKER
There are certain illegal actions that workers, members, or office-bearers of a trade union can take
against an employer or person acting on their behalf in an industrial establishment. The following
are examples of unfair practices on the part of workers under section 18 of the Punjab Industrial
Relations Act 2010:
ILLEGAL STRIKE
If any employee of the company forces other employees to start an illegal strike or take part in an
illegal strike through the use of violence, confinement, or other means, that employee will be guilty
of unfair labor practices and subject to punishment under the law.
GO-SLOW
If any of the workers of the establishment are trying to force the other workers to slow down
production or lower the quality of their work, they will be guilty of unfair labor practices.
ATTEMPT TO COMPEL EMPLOYER
If any employee or employees of the company attempt to make the employer accept any demands
through the use of force, confinement, or blackmail, etc.,
ATTEMPT TO COMPEL PERSON OTHER THAN EMPLOYER
Any worker or group of workers who uses force or threatens confinement in order to make someone
other than their employer accept their demands will be guilty of unfair labor practices.
INTIMIDATION (THREATENING)
Intimidation at work includes the element of force. If any employee or group of employees employs
force in order to prevent someone from joining a trade union or leaving a trade union, that person
will be guilty of an unfair labor practice.
PERSUASION
Persuasion is the act of convincing someone to do something that they may not be initially inclined
to do. If any worker or workers of the company attempt to convincing or persuade someone not to
become member of trade union, or leave the trade union, etc., such worker will be guilty of unfair
labor practice.
INDUCEMENT (INFLUENCE)
Inducement includes offering illegal benefits to someone in order to persuade them to join or leave
a trade union. If any employee of the company offers such benefits, they will be guilty of unfair labor
practices.
CARRY WEAPONS
Any employee caught carrying weapons within company premises without prior permission from a
figure of authority will be guilty of unfair labor practice.
DESTRUCTION OF COMPANY’S PROPERTY
Any employee who persuades other employees to damage or destroy company property will be
guilty of unfair labor practices.
INTERFERENCE IN ELECTION
Workers under the Act 2010 can only remain members of one trade union at a time. If any trade
unions of the company are interfering in the election process of another trade union of the same
company by using different means, such trade unions will be guilty of unfair labor practices.
REFUSE TO BARGAIN
If any of the employees of the company refuse to negotiate with the employer to settle a dispute,
they will be guilty of unfair labor practices.
