Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Pakistan (Ratification: 1951)

At the outset, the Committee is encouraged by the information provided in the Government’s report regarding the measures taken at the federal and provincial levels to address its previous comments calling for legislative amendments. The Committee expects the Government to expedite the reform processes and to report on progress towards implementation of the Convention concerning the following matters.

Articles 2–9 of the Convention. The scope of the Convention. Excluded categories of workers. Informal economy workers. In its previous comments, the Committee requested the Government to take all necessary measures, including legislative measures at the federal and provincial levels, with a view to guaranteeing the rights of informal economy workers under the Convention. The Committee notes with interest the indication that the Balochistan Industrial Relations Act (BIRA), 2022 explicitly provides for the rights of workers in both formal and informal sectors, with section 1(4) significantly broadening the definition of “worker”. The Government provides examples of unions of workers in the informal sector in the province registered under BIRA, such as the “Sar Taghari Labour Union” (road construction workers) and the “Rickshaw Labour Union (transport workers).” The Committee also notes the indication that similarly the Khyber Pakhtunkhwa Industrial Relations Act (KPIRA) 2010 allows trade union registration in the informal sector, with several unions already registered. According to the Government, the process of amending the Federal Industrial Relations Act (IRA), 2012 has been initiated, with a draft incorporating provisions to extend protections to workers in the informal economy currently under review before submission for tripartite consultation, followed by formal legislative approval. The Committee further notes that the Province of Punjab has finalized a comprehensive draft Punjab Labour Code, 2025, which introduces an inclusive definition of “worker” covering formal, informal, digital, and self-employed, guaranteeing all workers the right to organize. The Province of Sindh has drafted similar amendments to its labour legislation. The Committee requests the Government to continue providing information on the labour law reform engaged at the federal and provincial levels, with a view to guaranteeing the rights of informal economy workers under the Convention. The Committee requests the Government to provide information on all progress made with regard to the adoption the legislation cited above, as well as on other initiatives from other Provinces in this regard.

Agricultural and fisheries workers. The Committee had previously noted that agricultural and fisheries workers are excluded from the scope of the IRA, the KPIRA and the Punjab Industrial Relations Act (PIRA), 2010. The Committee notes that according to the Government: (i) the amendments to the IRA, 2012 have been drafted to allow all agricultural and fisheries workers to register trade unions; (ii) the draft Punjab Labour Code, 2025, comprehensively addresses the inclusion of agricultural and fisheries workers, adopting a broad definition of “agriculture” and guaranteeing fundamental rights at work; (iii) the Government of Sindh has extended freedom of association to agricultural and fisheries workers under the Sindh Industrial Relations Act (SIRA), 2013 and drafted the Sindh Labour Code, 2025 to reinforce these rights; and (iv) KPIRA imposes no legislative barrier to union registration for these workers. The Committee requests the Government to continue providing information on the amendment of the federal and provincial legislation so that all agricultural and fisheries workers, whether engaged in the formal or informal economy, enjoy the rights enshrined in the Convention. The Committee requests the Government to provide information on all progress made in adopting the legislation cited above, as well as on other initiatives from other provinces in this regard.

Self-employed workers. The Committee had previously noted that the industrial relations legislation seems to exclude self-employed workers and had requested the Government to ensure that they can benefit from the rights under the Convention. The Committee notes the Government’s indication that: (i) draft amendments to the IRA, 2012 include provisions aimed at extending labour protections to self-employed workers; (ii) the draft Punjab Labour Code affirms that the law applies to “all workers and employers at all workplaces”, including self-employed persons, and explicitly guarantees their right to organize; (iii) similarly the draft Sindh Labour Code includes a clear definition of self-employed persons and extends labour rights to them; and (iv) KPIRA recognizes the right to unionize for certain categories of self-employed persons, such as shopkeepers, drivers, and transport owners. The Committee requests the Government to continue providing information on the amendment of the federal and provincial legislation to ensure the right of self-employed person to establish and join trade unions, including on all progress made in adopting the legislation cited above, as well as on other initiatives from other provinces in this regard.

Domestic workers directly recruited by households. The Committee had previously observed that the wording of section 1(3) of the IRA, the KPIRA, the PIRA and the SIRA, seemed to exclude domestic workers directly recruited by households – as opposed to those employed by firms – from the scope of these acts and therefore from the right to establish and join organizations of their own choosing. The Committee notes the Government’s indication that: (i) amendments to the IRA, 2012 are under development to extend the right to organize to domestic workers; and (ii) in Punjab, authorities supported the registration of 15 unions of domestic workers in 2024 and the draft Punjab Labour Code, 2025, explicitly recognizes their rights; (iii) Sindh Domestic Workers Law is awaiting legislative approval; and (iv) and the provinces of Khyber Pakhtunkhwa and Balochistan have acknowledged the need for reform but have not yet adopted specific measures. The Committee recalls that under the Convention, domestic workers have the right, without distinction whatsoever, to establish and join organizations freely, and their organizations should benefit from all the guarantees enshrined in the Convention. The Committee requests the Government to continue providing information on the amendment of the federal and provincial legislation to ensure the right of domestic workers directly recruited by households to establish and join trade unions.

Article 2. Right of workers to establish and join the organization of their choosing. The Committee recalls that it requested the Government to amend section 6 of the IRA, according to which any trade union may apply for registration “provided that there shall be at least two trade unions in an establishment”, which appears to prohibit unions to register in establishments where there is no union or only one union. Noting the indication that the amendments are under review,the Committee requests the Government to provide information on all developments in this regard.

Restriction to trade union pluralism. Minimum membership requirements. The Committee had previously requested the Government to amend sections 8(2)(b) of the IRA and 6(2)(b) of the provincial acts, which provide that when there are already two unions or more registered in the establishment, group of establishments or industry, no other trade union is entitled to registration unless it has as members not less than 20 per cent of the workers employed in the corresponding unit. The Committee notes that the agreement reached in the Sindh PTCC was included in the draft Sindh Labour Code and expects it will be soon adopted. Furthermore, the Committee expects the Government to take necessary steps at the federal level, as well as in the provinces of Balochistan, Khyber Pakhtunkhwa and Punjab, to ensure that workers may establish organizations of their own choosing and that no distinction as to the minimum membership requirement is made between the first two or more registered trade unions and newly created ones. The Committee requests the Government to provide information on all developments in this regard.

Article 3. Right of workers’ organizations to draw up their constitutions and rules, to organize their administration and to formulate their programmes. In its previous comments the Committee noted that certain provisions of the federal and provincial legislation regulate in detail the internal functioning of trade unions. Recalling that it has always considered that national legislation should only lay down formal requirements respecting trade union constitutions, except regarding the need to follow a democratic process and to ensure a right of appeal for the members,the Committee requests the Government to take necessary measures to ensure that the federal and provincial acts are revised in this respect and to provide information of developments in this regard.

Qualification of go-slow as an unfair labour practice. In its previous comments, the Committee expressed its expectation that sections 32(1)(e) of the IRA and 18(1)(e) of the KPIRA, PIRA and SIRA will be soon amended so as to omit the qualification of peaceful go-slow as an unfair labour practice. The Committee notes that draft amendments to the IRA and the Punjab and Sindh draft Labour Codes recognize peaceful go-slow as lawful industrial action, while Khyber Pakhtunkhwa and Azad Jammu and Kashmir provinces have committed to reviewing their legislation. The Committee requests the Government to provide information on all progress in this regard.

Grounds for prohibition or restriction of strikes. In its previous comments, the Committee identified grounds for restriction or prohibition of strikes in the federal and provincial legislation that it considered not to be in conformity with the Convention: (i) sections 42(3) of the IRA, 43(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 the Government can also prohibit a strike 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” (section 45 of the IRA) or in respect of any public utility services, at any time before or after its commencement (sections 45 of the IRA and KPIRA, 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, 58(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: (i) proposed amendments to the IRA, 2012 are under consideration with the specific attention to strengthening procedural and substantive safeguards in connection with the exercise of strike action; (ii) the draft Punjab Labour Code, 2025 upholds the right to strike as a fundamental labour right available to both collective bargaining agents (CBAs) and non-CBA trade unions, setting out a clear and democratic procedure, including secret ballot requirements and minimum participation thresholds, so as to ensure that any strike reflects genuine collective worker support; (iii) the draft Sindh Labour Code, 2025, recognizes and protects the right to strike within the context of industrial disputes, in alignment with constitutional guarantees and international labour standards, affirming workers’ ability to resort to lawful strike action as a legitimate means of collective bargaining and industrial representation; (iv) the Government of Khyber Pakhtunkhwa is undertaking progressive reforms to the KPIRA, 2010, including a comprehensive review with the assistance of the Office of key definitions and provisions under section 1(3), and that consultations within the Provincial Tripartite Consultative Committee are under way with proposed amendments expected to be tabled in upcoming meetings; and (v) the Government of Azad Jammu and Kashmir affirms that amendments to the Industrial Relations Act are in progress to ensure compatibility with international obligations, including the regulation of strike action. The Committee is encouraged by the processes of modification of the federal and provincial legislation and wishes to recall that the prohibition of strikes can only be justified: (i) in the public services for public servants exercising authority in the name of the State; (ii) in the event of an acute national or local crisis; or (iii) in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population). It also wishes to recall that not every strike lasting longer than 30 days fulfils these conditions and that services such as oil production, postal services, railways, and airways do not normally constitute essential services in the strict sense of the term, although they are important public services in which a minimum service could be required in case of a strike. The Committee requests the Government to provide information on all progress in ensuring that federal and provincial acts are amended so that any prohibition or restriction of the right to strike is brought into conformity with the Convention.

Compulsory arbitration. In its previous comments, the Committee had noted that: (i) following the prohibition of a strike by the Government pursuant to the sections referred to above, the dispute is referred to the National Industrial Relations Commission (NIRC) or the Labour Court for adjudication; (ii) a “party raising a dispute”, either before or after the commencement of a strike, may apply to the NIRC or Labour Court, as applicable, for adjudication of the dispute (sections 42(2) of the IRA, 43(2) of the BIRA, 44(2) of the KPIRA, 40(2) of the PIRA and 41(2) of the SIRA); (iii) pending adjudication, the NIRC/Labour Court can prohibit the continuation of the existing strike action (sections 61 of the IRA, 57 of the BIRA, 58 of the KPIRA, 54 of the PIRA and 55 of the SIRA); and (iv) section 42 of the BIRA provides that if the board of conciliators fails to settle a dispute in a public utility service or related to an industry of high economic and social importance, and the parties do not propose a panel of three arbitrators by consent, the government may appoint a retired judge of the Supreme Court for arbitration in the said dispute. The award of the arbitrator shall be final and valid for a period not exceeding two years as may be fixed by the arbitrator. The Committee notes the Government’s commitment to restrict the use of compulsory arbitration in accordance with international principles, and the indication that: (i) proposed amendments to the Industrial Relations Act, 2012 aim to strengthen a balanced dispute-resolution framework privileging voluntary mechanisms such as conciliation while allowing parties to jointly refer disputes to the Commission for adjudication. Compulsory arbitration would be envisaged only in narrowly defined situations, namely where a strike or lockout exceeds 30 days or threatens public or national interest, and subject to procedural safeguards, including a 30-day decision period. These reforms remain under tripartite consultation; (ii) the draft Punjab Labour Code, 2025 contains no restriction on voluntary arbitration and expressly provides for arbitration by mutual consent where conciliation fails and the parties jointly appoint an arbitrator and refer the dispute in writing; (iii) the Sindh Labour Department has been requested to reflect the Committee’s observations in the ongoing legal review; (iv) section 43 of the KPIRA, 2010 contains no provision for compulsory arbitration and the limited authority of judicial bodies under section 58 applies only in specific circumstances, notably under section 46, which allows recourse to the Labour Court solely for the enforcement of rights guaranteed under law, awards or settlements, thereby ensuring that arbitration remains voluntary; and (v) the matter remains under consultation in Balochistan within the Provincial Tripartite Consultation Committee (PTCC) and that proposed amendments are expected for its upcoming meeting; and (vi) the Government of Azad Jammu and Kashmir affirms that compliance will be ensured and that the necessary amendments to the Industrial Relations Act, including those concerning dispute resolution and arbitration, are currently under process.

The Committee recalls its previous comments that the provisions of federal and provincial acts allow the NIRC or the Labour Court to prohibit virtually any strike pending adjudication of the dispute; and in Balochistan, the law provides for compulsory adjudication in disputes in public utility services, which include services such as oil production, postal services, railways, and airways, or in disputes related to “an industry of high economic and social importance”. The Committee considered that this amounts to a denial of the right to strike as it makes it possible to prohibit virtually all strikes or to end them quickly. The Committee once again recalls that recourse to compulsory arbitration is admissible only in cases where the strike can be restricted or even prohibited, or at the request of both parties to the dispute (2012 General Survey on the fundamental Conventions, para. 153). The Committee expects the Government to provide information on all progress in the amendment of the federal and provincial legislation ensuring that any recourse to compulsory arbitration is restricted in line with the principles outlined above.

Penal sanctions. In its previous comments, the Committee identified provisions in the federal and provincial acts regarding sanctions that may apply to peaceful strikes: (i) commencing, continuing, instigating others to take part in, or expending or supplying money to, or otherwise acting in furtherance or support of an illegal strike or a go-slow is an unfair labour practice (sections 32(1)(e) of the IRA, 18(1)(e) of the BIRA, KPIRA, PIRA, and SIRA) punishable by a fine of up to 20,000 Pakistani rupees (sections 68(3) of the KPIRA, 64(3) of the PIRA and 65(3) of the SIRA), and up to 25,000 rupees in Balochistan (section 67(3) BIRA) and/or imprisonment which may extend to 30 days (section 67(3) of the IRA); and (ii) contravening an order to call off a strike is sanctioned as follows: dismissal of the striking workers; cancellation of the registration of a trade union; and debarring of trade union officers from holding a trade union office for the unexpired and immediately following terms (sections 44(10) of the IRA, 59(7) of the BIRA, 60(7) of the KPIRA, 56(7) of the PIRA and 57(7) of the SIRA). The Government indicates in this regard that: (i) at the federal level, the proposed amendments to the IRA, 2012 are under active review and aim to address the legal framework surrounding strike action, with particular attention to ensuring that peaceful strikes are not criminalized or disproportionately penalized; (ii) the draft Punjab Labour Code, 2025 reinforces this approach by introducing procedural safeguards that uphold the right to strike while discouraging unlawful or violent behaviour. The Government of Punjab has clarified that penalties apply only in cases involving threats, assault or physical injury, and not to peaceful collective action; (iii) in Khyber Pakhtunkhwa, section 60(7) of the KPIRA, 2010 does not grant arbitrary powers to the Labour Court and is invoked only in cases of wilful violation of section 60(3), that judicial review remains available, and that section 68(3) provides only a modest fine of 20,000 rupees without imprisonment, with no penalties having been imposed for peaceful strikes; (iv) in Balochistan, section 67(3) of the BIRA, 2022 provides for fines and imprisonment. The provincial Government has clarified that these penalties are reserved for unlawful strikes involving serious misconduct, and that efforts to further align the framework with ILO standards are ongoing; (v) legislative revisions are under consideration within the drafting of the Sindh Labour Code, 2025 including the treatment of strike-related sanctions in light of the Convention; and (vi) the Government of Azad Jammu and Kashmir indicates that amendments to the Industrial Relations Act are under way to ensure full compliance with national and international standards, including with regard to the regulation of peaceful strike action and associated penalties. The Committee is encouraged by the processes of modification of the federal and provincial legislation. While it duly takes note of the Government’s indications, the Committee considers useful to recall again its previous assessment that the legislation allows the restriction or even prohibition of virtually any strike by executive or judiciary authority regardless of its peaceful character; therefore, under the current law, a peaceful strike can be considered illegal, and penalties applied to workers and unions involved in them. The Committee wishes to recall in this regard that it has always considered that: (i) no penal sanction should be imposed against a worker for having carried out a peaceful strike and on no account should measures of imprisonment be imposed except in cases of violence against persons or property or other serious infringements of rights, and only pursuant to legislation punishing such acts; (ii) the use of extremely serious measures, such as dismissal of workers and cancellation of trade union registration, implies a grave risk of abuse and constitutes a violation of freedom of association; and (iii) sanctions for illegal strike action should be imposed only if the prohibitions or restrictions on the right to strike are in conformity with the Convention. The Committee requests the Government to provide information on all progress to amend the federal and provincial legislation in light of the above principles.

Articles 5 and 6. Right of organizations to establish federations and confederations. In its previous comments the Committee noted that section14(4) of the IRA provides that no trade union federation or confederation shall be formed and registered having the same, similar, or identical name. Considering that a federation or confederation which has a similar name but not the same/identical name as an already existing federation or confederation should not be prevented from being formed and registered, the Committee requested the revision of the legislation. The Committee notes the indication that the matter has been referred for legislative review, with a view to introducing appropriate amendments to section 14(4). Accordingly, the Committee requests the Government to provide information on the amendment of section 14(4) of the IRA.