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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Pakistan (Ratification: 1952)

The Committee notes the joint observations of the International Transport Workers’ Federation’ (ITF) and the Railway Workers Union (Open Line) Pakistan (RWU), received on 1 September 2025, alleging that in practice, railway workers are prevented from engaging in collective bargaining, and that they have faced disciplinary hearings for union activities under civil servants regulations, despite being covered by the Industrial Relations Act and notwithstanding the 2025 declaration by the National Industrial Relations Commission that the 1993 notification banning union activities of railway workers was illegal (appealed by Pakistan Railways). The Committee notes the Government’s response that, to address these concerns, it organized a high-level tripartite meeting including the RWU, followed by a constructive bilateral engagement between Pakistan Railways’ management and union representatives to discuss the union’s concerns, resulting in the establishment of a joint committee. Taking due note of the Government’s reply, the Committee requests it to ensure that railway workers are able to exercise their right to collective bargaining in full freedom and are not subject to any disciplinary measures for engaging in union activities. It further requests the Government to provide information on the outcome of the appeal by Pakistan Railways against the National Industrial Relations Commission’s declaration and the results of the above-mentioned bilateral engagement.

Having previously noted the 2020 observations of the ITF, the Committee recalls that it had requested the Government to ensure that pilots can exercise their right to collective bargaining through organizations that genuinely represent their interests, that the freely concluded collective agreements at the national airline company should be binding on the parties and to promote cooperation and dialogue among social partners in the aviation industry. Noting with regret that the Government has still not provided information on any measures taken in this respect, the Committee is bound to reiterate its previous requests.

The Committee notes the Government’s indications, in response to the observations made by the International Trade Union Confederation (ITUC) in 2012 and 2015, that it will submit a comprehensive report addressing these allegations of anti-union discrimination and interference in internal union affairs.

The Committee also notes that the Committee on Freedom of Association referred to it the legislative aspects of Case No. 3370 that relate to the Convention (Report No. 404, October 2023, para. 473). These matters are addressed below.

Legislative reform. The Committee recalls that over several years, it has requested the Government to take the necessary measures to:

• extend the scope of application of the Industrial Relations Act in the federal and provincial governments to cover the numerous categories of workers currently exempt so as to ensure that all workers, with the only possible exception of the police, the armed forces and public servants not engaged in the administration of the State, benefit from the rights and guarantees enshrined in the Convention; it also recalls its previous comments concerning the extension of the scope of application of the Balochistan Industrial Relations Act (while noting that civilian personnel in the armed forces and workers in essential services remain excluded); in this respect, the Committee notes the Government’s reference to draft amendments to the federal Industrial Relations Act and to draft Labour Codes in Punjab and Sindh, which, according to the Government, introduce the requested changes, as well as to the ongoing review of the relevant provisions in the Industrial Relations Acts in the other provinces;
• ensure that workers in Export Processing Zones (EPZs) are guaranteed the rights under the Convention (recalling that clause 7 of SRO 1004(1)/1982 continues to exempt workers in EPZs from the Industrial Relations Ordinance, 1969, and that the Government has not yet provided a copy of the final Export Processing Zones (Employment and Service Conditions) Rules, 2009); in this respect, the Committee welcomes the Government’s indications that the proposed amendments to the Industrial Relations Act also aim to extend the Act’s scope of application to workers in EPZs;
• amend section 19 of the federal Industrial Relations Act and section 24(1) of the Industrial Relations Acts of Khyber Pakhtunkhwa, Punjab, and Sindh with a view to ensuring that when 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 (recalling that these provisions provide that a trade union that does not represent at least one third of the employees is not entitled to engage in collective bargaining); in this regard, the Committee notes the Government’s indication that key amendments to the federal Industrial Relations Act under discussion include allowing minority unions to represent their own members, and expanding their mandate to represent all workers under collective agreements, and its information on the proposed amendments or discussions in the other provinces;
• amend section 62 of the federal Industrial Relations Act and the relevant provisions of the Industrial Relations Acts of Khyber Pakhtunkhwa, Punjab, Balochistan and Sindh so that the social partners can participate in the determination or modification of the collective bargaining unit (recalling that these acts give competence for the determination of collective bargaining units to the National Industrial Relations Commission, to the Labour Appellate Tribunal and the Registrar, respectively, and that previously certified unions can lose their status as collective bargaining agents as a result of a decision in which the parties played no part); in this respect, the Committee notes the Government’s reference to the ongoing review of the question at the federal level and at the level of the provinces;
• repeal section 27-B of the Banking Companies Ordinance, 1962, which imposes penal sanctions (up to three years’ imprisonment and/or fines) for the exercise of trade union activities during office hours; the Committee notes that the Government refers to the engagement with relevant stakeholders on this question.

Welcoming the Government’s commitment to amend the federal and provincial laws so as to ensure their conformity with the Convention and the detailed information provided as regards the relevant developments in relation to most of the issues listed above, the Committee requests the Government to take all necessary measures to adopt the necessary amendments without delay, and to provide a copy of the relevant legislation once adopted. The Committee hopes that the Government will continue to avail itself of the technical assistance of the Office in this regard.

In its previous comments, the Committee requested the Government to ensure that both federal and provincial governments guarantee that the existence of elected workers’ representatives directly elected to work councils is not used to undermine the position of the trade unions concerned or their representatives and to submit a copy of the Rules providing the notice and procedure for the election of workers’ representatives to work councils. The Committee notes with regret that the Government has not provided any information in this respect. The Committee is therefore bound to reiterate its request.

Collective bargaining in practice. The Committee notes with deep regret, that the Government has once again not responded to its repeated requests to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered, as well as on any measures taken to promote collective bargaining. The Committee expresses the firm hope that the Government will communicate the requested information in its next report. It also once again requests the Government to provide the information concerning any collective agreements concluded in EPZs, including the names of the parties and the number of workers covered.