Observation (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)

The Committee notes the observations of the International Transport Workers’ Federation (ITF) and its affiliate, the Railway Workers Union (Open Line) (RWU), received on 1 September 2025, concerning the long-standing prohibition of trade union activities in Pakistan Railways and the resulting inability of approximately 70,000 workers to exercise their trade union rights for more than three decades. It notes the Government’s reply thereto.

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

Articles 2 to 9 of the Convention. The scope of the Convention. Excluded categories of workers. In its previous comment, the Committee noted the adoption of the Balochistan Industrial Relations Act No. XIX of 2022 (hereafter, BIRA 2022) on 22 June 2022, which addresses several issues raised in its previous comments. However, the Committee noted that sections 1(3) of the Industrial Relations Act (IRA) 2012, the Khyber Pakhtunkhwa Industrial Relations Act (KPIRA) 2010, the Punjab Industrial Relations Act (PIRA) 2010, and the Sindh Industrial Relations Act (SIRA) 2013 excluded many categories of workers from their scope. Consequently, the Committee urged the Government to revise all federal and provincial industrial relations Acts so that all categories of workers can enjoy their rights under the Convention, with the only admissible exception – which must be legally framed in a restrictive manner – being the police and the armed forces. It specifically called on the Government to ensure that the government of Balochistan take measures, including legislative, to guarantee that civil servants are able to form and join organizations of their own choosing freely and to engage in activities for the furtherance and defence of their members’ interests. Pending legislative reform, the Committee requested the Government to enable the associations of currently excluded categories of workers to represent the interests of their members in relation to the employer and the authorities.

The Committee notes the Government’s reiterated commitment to fully implement the Convention by ensuring that all workers – except the police and armed forces – can exercise freedom of association, with legislative reforms advancing at federal and provincial levels. The Government indicates that: (i) at the federal level, the IRA, 2012 is under review to narrow down exclusions in line with the Convention, with draft amendments set for tripartite consultation; (ii) the draft Labour Code, of Punjab, 2025, safeguards organizing rights for all workers, including the self-employed and managerial staff, while maintaining a narrow scope of exclusion for the armed forces, police, and civil servants who remain subject to separate service laws; (iii) in the province of Khyber Pakhtunkhwa, holistic amendments to the KPIRA, 2010 are under discussion with the support of the ILO, including towards harmonizing civil servants’ current right to form associations – under Rule 32 of the Khyber Pakhtunkhwa Civil Servants Conduct Rules, 1987 – with the requirements of the Convention, and reconsidering the current exclusion from the KPIRA civil servants seconded to public bodies; (iv) in Balochistan, the matter of extending of rights to excluded categories, including civil servants, has been forwarded to the Chief Minister’s Office for consideration; and (v) in Azad Jammu and Kashmir, similar initiatives are undertaken where the 2016 Azad Jammu and Kashmir Employees’ Service Associations Act provides a legal framework enabling civil servants to form associations.

Regarding BIRA, 2022, the Committee recalls that while it acknowledged that many previously excluded categories in Balochistan are now brought within the scope of the industrial relations legislation, the exceptions retained in the new law are still larger than the ones permitted under the Convention. In this regard,the Committee refers the Government to the specific issues raised in its 2022 observation and requests it to provide information on measures taken or envisaged to address them.

Regarding the specific issue of trade union rights of the associations of public officials and employees of publicly owned undertakings, the Committee underlined in its previous comments that the categories of workers excluded from the industrial relations legislation cannot exercise the rights enshrined in the Convention by forming associations and urged the Government to take corrective measures to comply with the requirements of the Convention. In view of the above and noting with regret the lack of meaningful progress, the Committee urges the Government to take all necessary measures to ensure that the federal and provincial governments expedite the review of the IRA, BIRA, KPIRA, PIRA and SIRA so that all categories of workers can enjoy their rights under the Convention, the only admissible exception – to be understood as restrictive – being the police and the armed forces. It further urges the Government to ensure that the government of Balochistan takes all necessary measures, including legislative, to guarantee that civil servants are able to form and join organizations of their own choosing freely and to engage in activities for the furtherance and defence of their members’ interests. It expects that similar steps are undertaken where necessary in other provinces. Pending legislative reform and considering the Government’s renewed commitment to fully implement the Convention, the Committee must once again call on the Government to ensure that the associations of currently excluded categories of workers can represent the interests of their members in relation to the employer and the authorities. The Committee requests the Government to provide information on any developments in this respect.

Managerial employees. The Committee refers to its 2022 observation whereby it recalled that sections 2 of the IRA, BIRA, KPIRA, PIRA and SIRA contain an excessively broad definition of the term “employer”, and a correspondingly restrictive definition of the term “worker” or “workman”, leading to excluding broad categories of workers from engaging in collective bargaining functions and significantly reducing the potential membership of workers’ organizations. While it had welcomed the change introduced by the adoption of section 3(e) of BIRA 2022, that enables managerial employees to establish their own organizations which are distinct from employers’ and workers’ organizations, the Committee regretted that this right was still not guaranteed in the federal act and other provincial acts.

The Committee notes the Government’s indication that: (i) at the federal level, the Government is conducting a comprehensive review of labour laws to eliminate unjustified exclusions, including those affecting managerial personnel, aiming to align national legislation with the Convention; (ii) in Punjab, the draft Punjab Labour Code, 2025 introduces an inclusive definition of “worker”, that explicitly covers professional, managerial, and administrative roles. It guarantees all workers, including managerial employees, the right to form and join trade unions without prior authorization, subject to organizational rules; (iii) in Sindh, the forthcoming Sindh Labour Code adopts a broad definition of “worker”, granting the right of association to all individuals regardless of occupation, designation, or employment status, except those with authority to hire and fire. This exclusion seeks to balance industrial relations while complying with the Convention; (iv) in Khyber Pakhtunkhwa, the Labour Department is refining industrial relations legislation. While a revised definition of “employer” has been proposed, consultations continue to develop a comprehensive definition of “worker” that may include managerial staff in future amendments; (v) in Balochistan, amendments to the Balochistan Industrial Relations Act, 2022, ensure alignment with international labour standards. The current definition of “worker” is broad and inclusive, with no reported exclusion of managerial employees; (vi) in Azad Jammu and Kashmir), amendments to the Industrial Relations Act, 2017, are under way to align with international and national standards, including provisions for senior managerial employees to form and join associations of their choice. In view of the above, the Committee expects the Government to expedite the ongoing labour law review processes so as to ensure that the federal and provincial acts are revised without further delay with a view to: (i) enabling senior managerial workers to establish and join organizations that can adequately defend their occupational interests; and (ii) guaranteeing that workers’ organizations are not deprived of a substantial proportion of their actual or potential membership as a result of the current legal definitions of “workmen” and “employers”. It requests the Government to provide information on all developments in this regard.

Export processing zones (EPZs). In its previous observation, the Committee noted the Government’s indication that the EPZ (Employment and Service Condition) Rules 2009 had been finalized and workers given the rights guaranteed under the Convention. The Committee notes the Government’s indication that the proposed amendments to the IRA aim to extend its applicability to EPZs. The Committee understands that no progress was made despite its long-standing request to guarantee to workers in EPZs the rights enshrined in the Convention. The Committee expects the Government to expedite the review of the IRA so as to guarantee without further delay to workers in EPZs the rights enshrined in the Convention. The Committee reiterates its request to the Government to provide, when available, information on the exercise of trade union rights in the EPZs, including the trade unions registered and the number of unionized workers, as well as any instances in which trade unions have been refused registration and the reasons therefor.

Railway workers. The Committee notes the 2025 allegations of the ITF and RWU that measures beginning with the 1969 Industrial Relations Ordinance (IRO) and a 1989 Supreme Court judgment were improperly expanded through a 1991 notification by the General manager of the Pakistan Railways company and a notification by the Ministry of Railways that wrongly banned union activity across most lines on the claim that major routes fell under the Ministry of Defence (MOD lines), with no collective bargaining referendum since 1981. Despite repeated Government commitments – including those made in 1995, 1997 and 2008, as well as the Industrial Relations Act, 2008 restoring freedom of association – crackdowns on union activity have continued, even though the 2008 Act reaffirms rail workers’ rights. According to the ITF and RWU, more than 30 years later, the administration still enforces the ban by relying on the IRO 1969 and the 1993 notification, issuing letters as recently as 2022 against union-affiliated workers while ignoring the 2008 Act. Although the National Industrial Relations Commission (NIRC) ruled on 2 June 2025 that the MOD lines restriction violates the Constitution and the ILO Conventions, the administration has pursued appeals up to the Supreme Court. The ITF and RWU urge the Government to fully respect the June 2025 NIRC ruling declaring the 1993 MOD lines notification unlawful, to withdraw all appeals, to revoke the 1993 notification, to restore and unequivocally guarantee railway workers’ trade union rights, to clarify through legislation and immediate notification that railway employees are “workers” and not “civil servants”, to allow RWU to operate freely across the entire network, and to ensure mandatory consultations with the elected union before any major restructuring or policy decision affecting the railways.

The Committee notes the Government’s reply in which it states that, upon receiving the ITF communication, it convened a high-level tripartite consultation on 6 October 2025 during which the RWU presented its concerns, and a joint understanding was reached regarding the need for enhanced social dialogue. The Government also reports that the Ministry of Railways issued directives to the Chief Executive Officer of Pakistan Railways to engage substantively with union representatives and subsequently held bilateral meetings with the RWU in what it describes as a constructive atmosphere. According to the Government, these measures are intended to ensure alignment with Pakistan’s international obligations under the Convention.

Welcoming the constructive engagement of the Government, the Committee recalls its long-standing call urging the Government to revise the federal and relevant provincial Industrial Relations Acts to ensure that all categories of workers, with the sole exception of the police and armed forces, may exercise the rights guaranteed under the Convention. Considering the above,the Committee requests the Government to provide information regarding concrete follow-up steps to give effect to the June 2025 NIRC ruling and the measures, including of legislative nature, taken or envisaged to guarantee the rights enshrined in the Convention to railway workers.

Article 2. Right of workers and employers to establish and join organizations of their own choosing. The Committee previously noted that pursuant to the IRA and the corresponding provincial laws, no worker shall be entitled to be a member of more than one trade union at the same time and requested the Government to revise the relevant legal provisions. The Committee considers that workers who are engaged in more than one job – in different establishments – should be allowed to join the corresponding union of their choice, that is more than one union; and in any event workers should be able, if they so wish, to join trade unions at the national and branch level as well as the enterprise level at the same time. In its 2022 observation, the Committee welcomed the amendment to the BIRA 2022 restricting membership in more than one trade union at any one time at the same workplace only (section 3(a)), thereby bringing the act in line with the above principle. Noting that no information was provided in this regard, the Committee once again urges the Government to take necessary measures to ensure that the IRA, KPIRA, PIRA and SIRA are also amended with a view to bringing them into conformity with the Convention and requests the Government to provide information on concrete measures taken in this regard.

Article 3. The right of workers’ and employers’ organizations to organize their administration and activities and to formulate their programmes. Rights of minority unions. In its previous comments, the Committee noted that certain rights, in particular to represent workers in any proceedings and to check-off facilities, were granted only to the collective bargaining agents (CBAs). It recalled that the distinction between most representative and minority unions should be limited to the recognition of certain preferential rights (for example, for such purposes as collective bargaining, consultation by the authorities or the designation of delegates to international organizations); however, the distinction should not have the effect of depriving those trade unions that are not recognized as being among the most representative, of the essential means of defending the occupational interests of their members (for instance, making representations on their behalf, including representing them in case of individual grievances), of organizing their administration and activities, and formulating their programmes (including giving notice of and declaring a strike), as provided for in the Convention. Therefore, it requested that federal and provincial legislation be amended with a view to guaranteeing full respect for the above-mentioned principles. Furthermore, the Committee noted that it was unclear whether references to “CBA” in the BIRA mean a CBA for its own members (section 24(1), potentially a minority union) or the CBA for the establishment, i.e. the most representative union (section 24(2-11)), and requested the Government to clarify this matter. Noting that no information was provided in this regard,the Committee reiterates its request.

The Committee notes the Government’s indication that: (i) the draft Sindh Labour Code initially included provisions to grant minority unions the right to a check-off system and the right to strike on behalf of their members. After stakeholder consultations raised concerns about the broader implications, the proposal was set aside for further review and alignment with provincial consensus; and (ii) regarding, Khyber Pakhtunkhwa, the draft labour legislation under development proposed giving minority unions access to a check-off mechanism and the ability to represent their members in individual grievance cases. However, the Labour Department remains cautious about extending full CBA rights to minority unions to maintain a clear functional distinction between CBAs and other unions. The Committee regrets the lack of meaningful progress regarding its long-standing request to recognize essential means to minority unions of defending the occupational interests of their members, organizing their administration and activities, and formulating their programmes as recalled above. Therefore,the Committee urges the Government once again to take necessary measures to ensure that federal and provincial legislation is amended as soon as possible, with a view to guaranteeing full respect for the above-mentioned principles. It requests the Government to provide information on any developments in this regard.

Right of workers’ and employers’ organizations to draw up their constitutions and freely elect their representatives. Banking sector. The Committee recalls that in its previous comments it urged the Government to amend section 27-B of the Banking Companies Ordinance of 1962. The Government indicates that it makes consistent efforts to address the issue by sensitizing the relevant stakeholders on the importance of aligning national legislation with international obligations under the Convention, and dialogue is ongoing to build consensus on an appropriate legislative response. The Committee regrets the lack of progress on this matter and once again urges the Government to take necessary measures to amend the legislation by making it more flexible, either by admitting as candidates persons who have previously been employed in the occupation concerned, or by exempting from the occupational requirements a reasonable proportion of the officers of an organization, along the lines of section 8(d) of the IRA. The Committee expects the Government to provide information on concrete developments in this regard.

Right of organizations to organize their administration and to formulate their programmes. The Registrar’s powers of investigation, inspection, and inquiry into the affairs of a trade union. In its previous comments, the Committee noted that the legislation conferred extensive powers of inspection, inquiry, and investigation “as he/she deems fit” to the Registrar regarding the internal affairs of unions. The Committee considered that the wording of the relevant legislative provisions empowering the Registrar to proceed to inquiry “as he/she deems fit” was excessively broad and not compatible with Article 3 of the Convention and requested the Government to amend the legislation to limit these powers. The Government indicates in this regard that: (i) the governments of Punjab and Sindh acknowledge the importance of ensuring transparency and accountability in trade union finances through appropriate Registrar oversight and note the issue for further discussion; (ii) the government of Khyber Pakhtunkhwa recognizes the need for possible legal amendments but stresses that any reduction of the Registrar’s financial oversight must be carefully balanced with accountability and developed through a consultative, ILO-supported process; (iii) the government of Balochistan has referred the matter to the PTCC and will advance amendments once stakeholder consensus is reached; and (iv) the government of Gilgit-Baltistan reaffirms its full support for limiting the Registrar’s supervisory powers in line with ILO principles to ensure that workers’ and employers’ organizations can administer their affairs independently. The Committee regrets the apparent lack of meaningful progress in this regard. It therefore firmly urges the Government to ensure that the federal and provincial legislation is amended with a view to explicitly limiting the powers of financial supervision of the Registrar to the obligation of submitting annual financial reports and to verification in cases of serious grounds for believing that the actions of an organization are contrary to its rules or the law or in cases of a complaint or call for an investigation of allegations of embezzlement from a significant number of workers (2012 General Survey on the fundamental Conventions, para. 109).

Right of organizations to freely elect their representatives. Disqualification criteria. In its previous comments the Committee noted that the IRA and the corresponding laws in the provinces establish excessively broad disqualification criteria for being elected or holding union office and had requested the Government to amend the legislation. In this regard, it recalled that legislation which establishes excessively broad ineligibility criteria such as by means of a long list, including acts which have no real connection with the qualities of integrity required for the exercise of trade union office, is incompatible with the Convention. The Committee refers to its 2022 observation regarding specific provisions and notes the following information provided by the Government: (i) at the federal level, relevant provisions are under review, while in Punjab the draft Punjab Labour Code, 2025, introduces narrowly defined grounds for disqualifying trade union office-bearers to enhance fairness and alignment with international standards; (ii) in Sindh, the draft Labour Code limits disqualification to serious criminal convictions, including clearly defined heinous offences and financial misconduct, to protect the integrity of union leadership; (iii) in Khyber Pakhtunkhwa, the Labour Department is reviewing its legal framework to refine disqualification criteria in line with the Convention, while emphasizing the need for leaders of sound moral character; (iv) in Balochistan, disqualification-related amendments are being discussed within the PTCC and will advance once consensus is reached; (v) Azad Jammu and Kashmir is similarly progressing amendments to ensure compliance with the requirements under the Convention; and (vi) the government of Gilgit-Baltistan indicates that future labour legislation will apply fair, narrowly tailored disqualification criteria. The Committee once again urges the Government to ensure that the federal and provincial review of the legislation is expedited to make the grounds for disqualification more restrictive in line with the principle recalled above. The Committee expects the Government to provide information on tangible developments in this regard.

In conclusion, while it recognizes that legislative review processes can take time, particularly in federal States composed of provinces with devolved powers in the labour area, the Committee expresses its concern at the limited progress achieved in amending federal and provincial acts as requested by the Committee.This delay has the effect of depriving many categories of workers, notably in the public sector, of their trade union rights enshrined in the Convention. The Committee requests that the labour reform process in provinces that have availed themselves of the technical support of the Office be completed without delay. The Committee also expects the Government to ensure that all necessary reforms at the federal and provincial levels highlighted above are undertaken without further delay. The Committee requests the Government to report on all progress and trusts that it will continue to avail itself of the technical assistance of the Office.

The Committee is raising other matters in a request addressed to the Government.