Undermining Labour Rights

 

Before the Eighteenth Constitutional Amendment, labour was on the Concurrent List, allowing both central and provincial governments to legislate on this matter.

Traditionally, legislation was enacted at the federal level, while provincial governments were responsible for implementation.

The Eighteenth Constitutional Amendment abolished the Concurrent Legislative List, transferring the authority to legislate on labour welfare and trade unions entirely to the provinces.

Initially, labour laws in the country were derived from British-era legislation, which underwent significant evolutionary changes during Z. A. Bhutto’s regime.

After the Eighteenth Constitutional Amendment, provinces adopted federal labour legislation with minor changes.

Despite longstanding demands from labour organizations and representatives for harmonization, consolidation, and simplification of labour laws, these issues were never prioritized by the government.

The Industrial Relations Act was frequently targeted by successive governments, each time making it more restrictive.

During Ayyub Khan’s government, the legislation governing the fundamental right to form and join trade unions was merged with industrial relations laws to weaken the trade union movement by withdrawing the un-conditional right of association and imposing indirect restrictions and banning the right to strike.

Although the right to form or join trade unions could not be entirely eroded or made conditional, industrial relations remain volatile and vary across different industries, sectors and business natures.

For instance, industrial relations in a factory differ significantly from those in agriculture or the service industry but right to form a union will be the same across all sectors.

Unfortunately, no political government has reversed the destructive legislation that has weakened the trade union movement over the past sixty-five years.

Today, both federal and provincial governments continue to promulgate labour legislation without genuine consultation with trade unions.

It is not true that trade unions and workers’ representatives oppose changes; in fact, they have long been eager to make labour legislation more comprehensive.

They believe that converting labour laws into a labour code should aim to standardize labour laws, protect workers’ rights, promote fair labour practices, enhance industrial relations, ensure workplace safety and health, encourage social justice, and facilitate compliance and enforcement.

Achieving these goals requires a comprehensive review and harmonization of all labour laws.

The proposed labour code seeks to repeal more than twenty federal and provincial laws but notably excludes mine workers and does not repeal the Employees’ Social Security Act.

Interestingly, both Sindh and Punjab circulated nearly identical drafts, with the key difference being that Sindh aims to include workers engaged by religious organizations and institutions under labour laws, while Punjab does not.

However, the draft labour code fails to simplify and harmonize labour laws, instead complicating many definitions.

The definitions of “worker” and “employer” are so convoluted that they are likely to result in prolonged legal disputes.

Moreover, the draft proposes to legalize the contract and agency workers’ system, which would effectively eliminate permanent employment and job security, promoting precarious working conditions and wage exploitation. Additionally, the code seeks to legalize the advance payment system, which could exacerbate bonded labour issues in society.

The draft code contradicts fundamental ILO conventions and restricts workers’ rights to organize or join unions of their choosing.

It fails to provide the unconditional right of association and collective bargaining, preventing the formation of general or sectoral trade unions.

Additionally, it centralizes power within the bureaucracy and eliminates the right to strike.

Both workers and employers have significant concerns about various aspects of the draft code.

To genuinely consolidate and simplify labour legislation, the government should withdraw the draft code and invite workers’ and employers’ representatives to engage in meaningful tripartite consultations.

This approach would build confidence among stakeholders and ensure a transparent process to create a labour code that upholds workers’ rights and promotes fair labour practices.

Through collaborative efforts, the revised labour code could achieve the goals of standardizing labour laws, protecting workers’ rights, enhancing industrial relations, ensuring workplace safety and health, promoting social justice, and facilitating compliance and enforcement.

By addressing these critical issues, the government can foster a fairer and more equitable labour environment that aligns with international standards and respects the rights and needs of all stakeholders.