As a signatory to WTO, Pakistan has ratified seven of the eight ILO conventions on core labour laws. The International Labour Organisation is the UN's specialised agency which seeks promotion of social justice and internationally recognised human and labour rights.
The primary goal of ILO is to promote opportunities to obtain decent and productive work, in conditions of security and human dignity. Unfortunately we have not seen an effective role by this organisation towards application of labour laws in NWFP.
The Constitution of Pakistan contains a range of provisions on labour rights. Article 11 prohibits all forms of slavery, forced labour and child labour. Article 17 provides for fundamental right to exercise freedom of association and the right to form unions while Article 37(e) calls for securing just and humane conditions of work. All seem absurd and irrelevant when ground realities are compared to these legislations.
The World Bank reported that NWFP has a total employment population of 2,518,368 comprising approximately 42% the agriculture sector, 14.5% in construction industry, 9.4% in wholesale business, 5.7% in transport, 2.7% in manufacturing and 25.7% in various other professions.
Certain sectors like agriculture and education are precluded because they do not fall in the category of industry in our constitution but ILO clause 98 guarantees the same rights for all workers, irrespective of sectors.
Every employer in an industrial or commercial establishment is required to issue a formal appointment letter at the time of employment of each worker describing the main terms and conditions of job. Similarly the termination of service in any form must be documented in writing stating the reasons for such an act.
Both of these are not done by majority of establishments in NWFP to avoid legal complications. Though how lethal these factors are for the betterment of the labour community, the concerned department shows no interest in enforcing the laws properly and rather they dextrously fill their pockets on monthly basis.
If a worker is aggrieved by an order of termination he may seek redressed under Section 46 of the Industrial Relations Ordinance 2002, and bring his grievance to the attention of his employer through his trade union within three months of time.
To safeguard against victimisation or unfair labour practices, labour courts have been given powers to examine and intervene to find out whether there has been a violation of the principles of natural justice. Labour courts are as efficient as our regular courts where time is of no substance. Delayed justice is no justice and it makes a poor worker to succumb to the economic pressures and withdraw his or her case.
Under the Factories Act, 1934 and Section 8 of the West Pakistan Shops and Establishments Ordinance, 1969, no adult employee, defined as a worker, can be required or permitted to work in any establishment in excess of 48 hours a week. Some 60% of our work force is to work from 72 to 80 hours a week in sectors like agriculture, wholesale and transport businesses. Concerned inspectors visit institutions with blindfolded eyes and with the sole motive to satisfy their own desires and not to safeguard national interests.
As provided in the Factories Act, 1934, every worker, who has completed a period of 12 months continuous service in a factory shall be allowed, during the subsequent period of 12 months, holidays for a period of 14 consecutive days. Unfortunately the laws which are designed in view of the limits of human machine are considered a burden by entrepreneurs and a reason for high cost of doing business.
Same is the fate of 10 days casual leave with full pay and further 16 days sick or medical leave on half pay and other festival and declared holidays by the government, where industrialists show reluctance in obeying laws.
Article 37 of the Constitution refers to maternity benefits for women in employment the Maternity Benefit Ordinance, 1958 which stipulates that upon the completion of four months employment or qualifying period, a worker may have up to six weeks prenatal and postnatal leave during which she is paid a salary drawn on the basis of her last pay. It also places restrictions on the dismissal of the woman during her maternity leave.
Unfortunately this is not applied to poor teaching community in private institutions and are forced to apply for leave without pay at times when they need organisational support desperately. Low wages, with all forms of harassments, are norms with women in institutions. Why the department and modern-day media fail to bring such cases to the limelight of public opinion.
Article 11(3) of Pakistan's Constitution expressly prohibits the employment of children below the age of 14 years in any factory. Normally we see minors used for sorting hazardous scrap in steel mills or in Bhatta brick manufacturing plants etc.
Strict monitoring system is required to curb those institutions where they play with the future of the youth. As many as 42,000 people have been elected as labour councillors in this country who can play a vital role in the struggle to eliminate bonded labour and other forms of exploitations. These Councillors need to be given training to contest the rights of vulnerable working classes, women workers, bonded labour, child labour, home based workers, contract and casual labour.
The Payment of Wages Act, 1936, regulates the payment of wages to the workers who are to be paid within maximum ten days of completion of the wages period. Unfortunately in construction industry where 14.5% of our employed workforce lies are deprived of wages for 3 to 6 months on account that the concerned department has not cleared the bills they had submitted. While the children of these entrepreneurs pay their school fees and enjoy their leisure normally and workers children are ousted from schools for non-payments. Is our justice system a failure?
Inorder to safeguard Labour interests an independent registration system be developed without the interference of the employers. This proper database will help in all future plannings since presently the number of registered labour vary drastically with different Federal and provincial government departments due to collaboration of employers and black sheeps of public sector institutions. Normally 10% of the employees are registered in an organisations.
The Labour Department presents lame excuse for not acting vigorously that it will hamper industrialisation in the province. The fact is no nation can even think of progress unless it considers its labour force a national asset like other material and financial assets.
Due to this attitude of the department we face severe dearth of skilled labour in NWFP. Our labourers abandon their motherland and move to Karachi and abroad. The employers are also responsible for this by not offering competitive salaries to local workers. In this era of costliness how can a daily wage earner lead a respectable life with meagre salaries.
Continuity in government policies is another factor that is responsible for poor condition of labourers in the province. The incentives of Gadoon Amazai were withdrawn making thousands of labourers jobless and no relief was given to them. Neither the government planned anything for their benefit nor the industrialists.
The role of trade unions is also not an encouraging one and instead to be custodians of labour rights safeguard the employers rights. Under the circumstances a special monitoring cell be formed by the provincial government to look after the interests of labours. One-window system is the solution to the problem. All the government agencies should computerise and link their data and co-ordinate their planning with each other. Labour representatives be provided representation in IFC and other related fora.