Solicitud directa (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Pakistán (Ratificación : 1953)

Articles 3(1)(a) and (b), 17 and 18 of the Convention. Effective enforcement and sufficiently dissuasive penalties. With reference to its previous comments, the Committee notes the Government’s statement in its report that the level of penalties has been raised from meager to reasonable in the provinces of Punjab and Khyber Pakhtunkhwa, through amendments to the provincial Factories Acts. The Government provides information on the number of prosecutions lodged for violations of labour laws in each province, and the amount of fines imposed. This indicates that the average fine per violation in Khyber Pakhtunkhwa and Punjab is 6 and ten times higher than in the province of Sindh. The Committee recalls that, pursuant to Article 17, laws and regulation shall provide for adequate penalties for violations of the legal provisions enforceable by labour inspectors. Noting the steps already taken in Punjab and Khyber Pakhtunkhwa, the Committee requests the Government to provide information on measures taken or envisaged to increase the applicable fines and other penalties in legislation in the provinces of Sindh and Balochistan. It also requests the Government to continue to provide information on the number of violations detected, as well on the number of such violations which result in prosecution and the subsequent number and level of fines imposed.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and occupational safety and health (OSH) in the mining sector in the province of Balochistan. The Committee previously noted the ITUC’s indication concerning a high number of deaths and injuries in the coalmines operating in the province of Balochistan. However, it subsequently noted that the provincial government of Balochistan had amended the Mines Act to enhance the penalties, as previous fines had been too low to act as a deterrent.

The Committee notes the information provided by the Government that 900 mines inspection visits were conducted in 2014, and violations related to OSH and working conditions were detected. The Committee requests the Government to provide further statistical information on the labour inspection activities carried out in the area of OSH in the province of Balochistan, in particular in the coalmines, including not only the number of inspections undertaken but also the number and nature of violations detected, and the specific penalties imposed.

Articles 7(3) and 10. Training for labour inspectors and human resources. The Committee previously noted the indication of the ITUC, as well as several speakers during the discussion of the Conference Committee on the Application of Standards on the application of the Convention in 2014 that labour inspectorates were provided with inadequate human resources and that labour inspectors received insufficient training.

The Committee notes the information provided in the Government’s report on the number of staff of the labour inspection services in each province, and observes that the number of labour inspectors has risen significantly in the provinces of Sindh, Punjab and Balochistan since the Government last provided information in 2014. It also notes the information provided by the Government concerning training provided to labour inspectors in the province of Sindh and, with respect to Punjab, the training modules provided and the impact of those trainings. The Government indicates that with respect to Khyber Pakhtunkhwa and Balochistan, there are no pre-job or on-the-job training facilities, but sensitization and training sessions are arranged for inspectors on specific issues. The Committee requests the Government to pursue its efforts to increase the number of labour inspectors in the provinces to ensure that there is a sufficient number so as to secure the effective discharge of the duties of the inspectorate. In this regard, the Committee requests the Government to provide further information on the induction training provided to new labour inspectors in each province, including the subjects covered, the number of participants and the duration of the training.

Article 8. Eligibility of both men and women for appointment in the inspection staff. The Committee previously noted the Government’s statement that only men are eligible for appointment as an inspector in mines because section 23(c)(1) of the Mines Act provides that no female can be employed in any part of a mine that is underground.

The Committee notes the Government’s statement, in its report, that as section 23(c)(1) of the Mines Act refers only to employment, it does not restrict the recruitment of female inspectors for conducting inspections in underground mines. Noting that the Government only provides information on the number of female labour inspectors for one province, the Committee requests the Government to provide information on the distribution of inspection staff by gender in each province, indicating the number of women engaged as inspectors in mines.

Articles 11(1)(b) and (2). Means of transport. The Committee notes the Government’s statement that, with respect to the provinces of Punjab, Sindh and Balochistan, transport facilities are not available to most inspectors. With respect to the province of Khyber Pakhtunkhwa, the Government indicates that five inspectors have official vehicles and 22 have access to bikes. The Committee requests the Government to provide information on the measures it is taking to ensure that labour inspectors have access to transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist, and to ensure that labour inspectors are reimbursed for any travel expenses incurred for travel necessary for the performance of their duties.

Article 14. Notification of cases of occupational disease. The Committee notes the Government’s indication that due to resource constraints, OSH data is not available on a regular basis. In order to address this, the Ministry of Overseas Pakistanis and Human Resource Development has planned to publish an annual OSH profile for the country, which will contain statistical information. The Committee requests the Government to provide information on the manner in which the labour inspectorate is notified of cases of occupational disease.

Articles 20 and 21. Publication of an annual inspection report. The Committee notes the statistical information provided by the Government with its report, concerning the number of labour inspectors in each province, the number of inspections undertaken, the number of violations detected, the amount of fines imposed and the number of occupational accidents. While welcoming this information, the Committee reminds the Government that the obligation under Article 20 of the Convention refers not only to the transmission of information to the ILO, but to the publication of an annual labour inspection report. The Committee requests the Government to pursue its efforts to ensure that the central labour authority publishes an annual labour inspection report, pursuant to Article 20. It encourages the Government to take the necessary steps to ensure that the report contains full information on the subjects set forth in Article 21, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and statistics of occupational diseases (Article 21(g)).