Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - Pakistan (Ratification: 1953)

Articles 3, 4(2), 10 and 16 of the Convention. Effective organization of the labour inspection services and the supervision and control by central labour inspection authorities at the provincial levels. Number of labour inspectors and number and thoroughness of labour inspections. Additional duties of the labour inspectorate. In reply to the Committee’s previous request, the Government provides in its report information on the organizational structure of the labour inspection services in Khyber Pakhtunkhwa (KPK) and the Islamabad Capital Territory (ICT). The Committee notes that detailed information is provided in the annual labour inspection report for 2022 and in the Government’s report on notified posts for labour inspectors (both occupied and vacant) as well as on the number of workplaces liable to inspection and the number and types of conducted inspections. The Committee notes that while the number of workplaces subject to inspection has increased, there has not been a corresponding rise in the number of labour inspectors. At the same time, the Committee notes a decrease in the sanctioned posts of labour inspectors in Balochistan (from 141 in 2021 to 89 in 2022) and Sindh (from 212 in 2021 to 208 in 2022), as well as of mine inspectors in Punjab (from 24 in 2021 to 14 in 2022), Sindh (from 15 in 2021 to 9 in 2022) and KPK (from 27 in 2021 to 17 in 2022). With regard to measures taken to strengthen the authorities responsible for labour inspection, the Government indicates that efforts are under way to fill the vacant positions in the provincial Departments of Labour and Departments of Mines of KPK, ICT and Sindh. In this respect, the Committee notes that the number of vacancies in all provinces remains high and notes in particular that for Sindh there were 113 vacant positions in the Department of Labour, and for KPK there were 68 vacant positions in the Department of Labour and 62 in the Department of Mines in 2022. Regarding additional duties performed by the provincial labour inspectorates, the Government provides information only for KPK, according to which labour inspectors are not responsible for registering trade unions or conciliating labour disputes, tasks that fall under the purview of the Registrar of Trade Unions and Conciliator, respectively. The Committee urges the Government to continue to pursue its efforts to strengthen the authorities responsible for labour inspection in all provinces and to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. Noting that most of the information provided by the Government refers to the period up to 2022, the Committee requests the Government to provide updated information on the number of sanctioned labour inspector positions, the number of posts occupied and those vacant in each province both under the Directorate of Labour and the Inspectorate of Mines. It also requests the Government to provide information on the measures taken to fill the vacant positions in each province and the results achieved. The Committee also requests the Government to provide information on inspectors ensuring the enforcement of occupational safety and health (OSH) provisions. Lastly, the Committee requests the Government to provide information on any additional duties performed by the provincial labour inspectorates (such as registration of trade unions and conciliation of labour disputes) in Punjab, Sindh, ICT, and Balochistan and to indicate the amount of time spent on these tasks.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector. The Committee notes the information provided in the annual labour inspection report for 2022 on labour inspection activities in the mining sector. It also takes due note of the relevant information provided by the Government regarding the province of KPK for 2023–24. According to the labour inspection report for 2022, there were 10 mine inspectors in Punjab, 5 in Sindh and 28 in Balochistan. With regard to KPK, the Committee notes an increase in mining inspectors, from 15 in 2022 to 23 in 2024. The Government indicates that the Department of Mines in KPK has introduced several measures to enhance OSH in the mining sector, including through improving mine management and supervision, upgrading safety equipment and infrastructure and providing several trainings on OSH. However, the Government reports that despite these efforts, the number of inspectors remains insufficient given the volume of mines and the associated workload and that the inspectors face challenges due to inadequate transportation and facilities. In this respect, the Committee notes that the only province where there were OSH inspectors in 2022 was Balochistan with 7 OSH inspectors. The Committee notes, that overall, the number of mine inspectors across the provinces remains very low compared to the vast number of mines, which employed around 300,000 workers in 2023 and have been a source of numerous accidents, as previously reported by trade unions. In this respect, the Committee notes that for Balochistan, out of the 64 mine accidents reported in 2022, 60 were fatal. With regard to KPK, 206 fatal accidents were reported from July 2023 to May 2024. The Committee urges the Government to take the necessary measures to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers employed in the mining sector. The Committee requests the Government to continue to provide information on the number of inspection staff working in the provincial Departments of Mines of Punjab, Balochistan and KPK, as wellas in the Sindh Inspectorate of Coal Mines, the number of mines inspected, the number of violations detected, and the penalties applied, as well as the number of fatal and non-fatal accidents in the sector. The Committee also requests the Government to provide information on the measures taken to increase recruitment of mining inspectors in all provinces, and on any other measures taken to improve safety and health in the mining sector.

Article 12. Free access of labour inspectors to workplaces. The Committee notes that the legislative provisions it previously referred to remain in force. In this respect, the Committee has been noting for several years that section 19 of the 2017 Sindh OSH Act restricts the conduct of inspection visits to “any reasonable time” (and only permits entry “at any time” in situations that are or may be dangerous). It also has noted that the 2019 Punjab OSH Act did not contain any provisions related to the power of labour inspectors to freely enter workplaces liable to inspection without prior notice. The Committee also noted that the provisions on the powers of inspectors in the Factories Act of 1934, the Sindh Factory Act of 2015 and the KPK Factories Act of 2013, although providing that inspectors may enter establishments as they think fit, do not specifically refer to entry without prior notice (section 11 of the Factories Act of 1934, section 12 of the KPK Factories Act and section 13 of the Sindh Factories Act). The same applies for section 11 of the new Balochistan Factories Act, 2021. The Committee notes that the Government reiterates that labour inspectors may enter workplaces freely and without previous notice in all provinces and indicates that in 2023 there were 75,219 unannounced inspections conducted in KPK, 11,213 in Balochistan and that in Punjab most inspections are unannounced. While noting these indications, the Committee notes with concern that the legislative provisions mentioned above are not in full compliance with Article 12(1) of the Convention, which provides that labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee once again requests the Government to take the necessary measures to ensure that labour inspectors in all provinces are empowered in law and practice to enter any workplace liable to inspection freely and without previous notice at any hour of the day or night, as provided for in Article 12(1) of the Convention. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this respect. The Committee also requests the Government to provide information on any rules (or legislation) adopted that impact on the exercise of the powers of inspectors referred to in section 11 of the Factories Act of 1934, section 12 of the KPK Factories Act, section 13 of the Sindh Factories Act, and section 11 of the Balochistan Factories Act, 2021. The Committee also requests the Government to continue to provide information on the number of inspections conducted with and without prior notice.

Article 14. Notification of industrial accidents and cases of occupational diseases. The Committee notes that the labour inspection report for 2022 includes information on the number of accidents and diseases notified to the Departments of Labour and the Departments of Mines in all provinces, but not for ICT. The Committee notes that, according to the 2022 labour inspection report, the total number of accidents reported remains high (1,424 in total for the four provinces in 2022) and in particular that in Punjab the number of reported accidents to the Department of Labour increased from 981 in 2021 to 1,208 in 2022. The Government indicates that the Labour Departments of ICT and Balochistan report no increase on occupational accidents for 2023, while the Labour Department of KPK reported 27 occupational accidents for 2023–24, all of which were fatal. The Committee also notes that according to the labour inspection report for 2022, no occupational disease was reported in the provinces of KPK and Balochistan, while the Department of Labour in Sindh reported one case and the Department of Mines in Punjab reported nine cases. According to the information provided by the Government in its report no occupational diseases were reported in KPK for 2023-2024 and 71 occupational diseases were reported in 2023 in Balochistan (this represents a sharp increase from zero occupational diseases reported for 2019–21). Concerning measures taken to improve the notification of occupational accidents in all provinces, the Government indicates that the online accident reporting mechanism linked with Punjab Employees’ Social Security Institution facilitates the collection of accident statistics. It also notes the Government’s indication that in KPK the draft new rules under the Factories Act and the Employees Social Security Act are in the final stages of notification, aiming to improve the reporting of fatal and non-fatal accidents. The Committee requests once again that the Government take measures to improve the notification of occupational accidents in all provinces, to ensure the notification of both fatal and non-fatal accidents, and to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate and provide information on the measures taken in this respect. The Committee requests the Government to continue to provide statistical information on the number of industrial accidents for all provinces and provide the reason for the sharp increase in Punjab. Noting once again that there is no available information on occupational diseases for all provinces, the Committee requests the Government to provide detailed statistical information on the number of occupational diseases notified in each province. The Committee requests the Government to provide information on the reason of the increase of occupational diseases reported in Balochistan. It requests the Government to provide information on progress made with regards the formulation of new rules aiming to improve reporting under the Factories Act and the Employees Social Security Act in KPK.

Article 18. Obstruction of labour inspectors in the performance of their duties. The Government indicates that no instances of obstruction have been encountered during labour inspections in ICT, Balochistan and Punjab. The Committee notes that in KPK, a Data Administrator has been appointed to revitalize the Labour Management Information System of the Department of Labour, which will include a proforma for documenting obstruction incidents. The Committee requests the Government to provide information on any cases reported in Sindh and KPK, including the outcome of the cases and the specific penalties applied (including the amount of fines imposed). The Committee requests the Government to provide information on the progress made by the Department of Labour of KPK with regards to its efforts to integrate a proforma for documenting obstruction incidents.

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