PAKISTAN COLLECTIVE BARGAINING

The right to join association is guaranteed under article 17 of the

Constitution of Islamic Republic of Pakistan, which says, “Every citizen shall
have the right to form associations or unions, subject to any reasonable
restrictions imposed by law in the interest of sovereignty or integrity of
Pakistan, public order or morality”. Article 17 of the Constitution not only
guarantees freedom of association but also collective bargaining as a
fundamental right.

Keeping in view this provision, labour law in Pakistan allows formation and
joining of trade unions/associations to both the employers and the
employees. 

Collective Bargaining Agent is a trade union, which is the elected agent of

workers in an establishment. A collective bargaining agent is elected after
holding a secret ballot election if there is more than one union in an
establishment. However if there exists only one union and its members are
at least one-third of total workers in an establishment and it makes an
application for certification, then it can be certified as CBA by Registrar. In
case of more than one union, Registrar is to hold a secret ballot election
within 15 or 30 days (depending on establishment size) after having
received application for determining status of CBA. Those who are eligible
to vote are i) with at least 3 months of service, ii) members of a trade union
contesting the elections and iii) registered as voters in the voters list. A
trade union can’t be certified as CBA unless the votes received by it are at
least 33% of total employed workers in an establishment. If no union
receives at least 33 of total votes (of employed workers), a second election
will be held between two unions, who have secured highest number of
votes. Thus, the union that wins this run-off election will be certified as
CBA. The CBA engages in collective bargaining with employer on any matter
of employment, non-employment, terms of employment and working
conditions. CBA also represents workers in any proceedings, gives notice of
strike and nominates workers on boards of Provident Fund and Workers’
Participation Fund in an establishment.