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ASSIGNMENT

International Labor Organization


________________________________________________________________

SUBMITTED TO
Sir Aznar Rasheed

SUBMITTED BY
KHALID BASHIR
ROLL NO:21
BS(HONS)
4th SEMESTER

DEPARTMENT OF POLITICAL SCIENCE


UNIVERSITY OF THE PUNJAB
LAHORE
1. Introduction
ILO was founded in 1919 and became the first specialized agency of
United Nations as an international organisation responsible for drawing
up and overseeing international labor standards. According to UN
Report (1946) ILO was saddled with the responsibility of bringing together
representatives of the tripartite15, that is, worker representatives,
employer representatives and government representatives to jointly
shape policies and programs, that will promotes decent work for all.
Somalia (2012) said ILO started with 44 member states and six
international labor conventions has been adopted since inception14.
Presently, member states have rose to 183 while 16 international labor
conventions and 18 recommendations have been adopted in less than two
years, between 2010 and 2012. Nigeria became a member state of ILO on
17th October, 1960 and since then has ratified 39 conventions out of
which 35 were in force and the remaining 4 were denunciated.
However, of the 35 ratified conventions, the paper shall focus on
convention 87 of 1948 (freedom of association and protection of the
right to organize), convention 98 of 1949 (Rights to organize a
Collective Bargaining). Also, the paper will look at convention no. 155
of 1949 (amended) in 1981 (Occupational Safety and Health convention).
These conventions shall be thoroughly examined from International
Labor Organisation positions in relations to National Employment Laws
of Nigeria as well as explore the mechanisms for the adoption of these
conventions. Finally, the implementation of these conventions will be
ascertained and ILO supervisory role will be measured against the
failure of the member states such as Nigeria to execute these
conventions to the latter while the consequence of such action will be
identified.
Convention 87 of 1948 (Freedom of
Association and Right to Organize)
The rights of workers to associate with other persons for the
purpose of forming or joining a trade union is part of the ILO
convention 87 of 1948 concerning Freedom of Association and
protection of the Right to Organize (Outturn, 2009). Article 2 of
the convention provides8 as follows: “Workers and employers,
without distinction whatsoever, shall have the rights of the
organisation concerned, to join organisation of their own
choosing without previous authorization”. This convention is
fundamental to the existence of collective labor rights by
trade unions and unionists. It was adopted on the 9th of
July, 1948. Nigeria was a signatory to the convention on 17th
October, 1960 (MBA & Ikemefuna, 2011). It provides that
workers and employers have the rights to establish or join
organizations of their own choice without previous authorisation8
(Article courage increase in country productivity. However, the
consequences of such actions are numerous which include:
leading to casual labor/contract employment; subjecting of
workers to long-hours of work; lack of social dialogue and
promotion of unfair labor practices to mention just a few.
Strictly speaking, the NEPZA Act is in contradiction to section
40 of Nigeria 1999 constitution as well as contravene
convection 87 of 1948 which provides for the right of workers
to form or join trade Union. Therefore, there is need for
proper review of international treaty before its domestication at
the national level. By and large, all these clauses in the Trade
union Act of 2005 is inconsistent with ILO convention 87 of 1948
which provides the rights of workers to form or join trade unions
is an aspect of the freedom of association for the
advancement or protection of workers interest as a result calls
for modification.

International labor standards in


Pakistan

The opening session of 104th International Labor Conference. ©


ILO
The Government of Pakistan has ratified a total of 34 ILO
Conventions, including 8 fundamental conventions. In the South
Asian sub-region, Pakistan is the second country that has ratified
all eight fundamental conventions as enshrined in the ILO
Declaration on Fundamental Principles and Rights at Work. The
CO-Islamabad works in close collaboration with its tripartite
constituents and social partners towards achieving Pakistan’s
decent work objectives in line with the principles of the
international labor standards.

The Prime Minister of Pakistan, Honorable Syed Yousaf Raza Gill


ani, in his first address to the National Assembly, declared to bring
national labor laws in conformity with the ILO Conventions.
Presently, the Government of Pakistan is in the process of
streamlining and harmonizing the labor legislations, including the
Industrial relation Act, and the employers’ and workers’
organizations are actively engaged in the consultative process
with the government. The Government of Pakistan has also
announced the new Labor Policy 2010.
In line with the ILO fundamental conventions, Pakistan has
formulated Employment of Children Act 1991 and also The
Bonded Labor System Abolition Act 1992 (BLSA Act). In both of
these areas, national policies exist that delineate the approach to
address the issue of child labor and bonded labor in the country.

LABOUR POLICY 2010 in Pakistan and


achievements
Social and economic well-being of the people is one of the
principal other fields, should also aim in attaining the objectives in
a manner best suited to the resources of the country and the
present state of economy. There is an urgent need to revitalize
the economy, required sustained efforts, to increase the level of
productivity, promotion of investment and maximization of
employment. There is an equally genuine requirement to create
among workers and employers, a better awareness of their
obligations to the national objectives stated above. At the same
time, the Government recognizes that workers and employers
must enjoy reasonable benefits as can be sustained by the
economy without suffering set-backs. Keeping these priorities in
view, the Government considers that a balanced labor policy
should be based on the following

objectives:-
- Workers’ right to form unions and unions should be protected
and an institutional framework be made available to foster close
cooperation between workers and employers at establishment
level. Equitable adjustment of rights between workers and
employers should be ensured in an atmosphere of harmony,
mutually beneficial to the workers and the management.
- Consultations between workers and employers on matters of
interest to the establishment and welfare of workers should be
made more effective.
- Adequate security of jobs should be available to the workers and
there should be expeditious redressal of their grievances.
- Conditions should be created that workers and employers are
committed in enhancing the labor productivity.
- Promotion to higher jobs be ensured at all levels based on
suitability and merit and for this purpose arrangements should be
made for Inservice training facilities.
- Facilities for proper matching of job opportunities and the job
seekers be strengthened and standard procedures be streamlined.
- Social insurance schemes to be further strengthened.

- Just and humane conditions of work be guaranteed to all


workers.
- Forced labor in all its forms to be eliminated.
- Provisions relating to the employment of children to be strictly
adhered to and be enforced.

Division of labor policy


2. The Labor Policy has accordingly been divided into four parts,
i.e.
I) Legal Framework;
ii) Advocacy: Rights of Workers and Employers;
iii) Skill Development and Employment;
iv) Manpower Export.
LEGAL FRAMEWORK
3. The Government is of the considered view that an atmosphere
of industrial peace and understanding is the need of the hour. The
Government would encourage and assist the process with volition
of both workers and employers. It will protect legitimate rights
and interests of workers and employers and minimize the areas of
friction which compel either of them to agitate. The
question of unwilling and reluctant workers has, however,
remained a source of concern equally for the Government,
employers and trade unions’ leadership. The Government is
committed for the welfare and protection of workers
4. The unions having the support of sizeable number of members
shall be, recognized, given due protection, and provided all
facilities to further the interests of their members. Only those
unions shall be recognized who to their credit have the support, of
a minimum of 15 per cent of total membership of the
establishment, which they represent. The rest of the unions by
default shall stand dissolved.
5. The institutions of Shop Stewards, Work Councils and Joint
Management Boards which have up till now remained dormant,
shall be encouraged and re-activated for their rightful
participation in improving labor management relations at plant
level.
6. The Government repealed the Industrial Relation Ordinance
2002 through the Industrial Relations Act 2008. Now a new law in
conformity with the International labor Standards will be
promulgated. Section 27B of the Banking Company Ordinance
shall be repealed. 3 Rationalization and Consolidation of Labor
Laws.
7. The Labor Laws are quite complex, over-lapping, anomalous,
and at times render the subject matter difficult to understand,
besides creating confusion for those who deal with them. Further,
the penalties prescribed for offences and non-compliance are very
low, since some of these laws were framed during pre-
independence period. The Labor Laws will be consolidated and
rationalized into five core laws, viz;
I) Laws relating to industrial relations.
ii) Laws relating to employment and service conditions.
iii) Laws relating to occupational safety and health.
iv) Laws relating to human resource development.
v) Laws relating to labor welfare and social security.
Universal/Voluntary Coverage
8. A comprehensive Social Insurance for old-age benefits and
health services will be introduced on self-registration/voluntary
basis to allow all workers in formal and informal sector of
economy, including self employed persons, to benefit from it.

Issuance of Smart Cards


9. The registration of workers will be linked with the Smart Cards
being issued by NADRA. All particulars of the workers with respect
to name, employment history, education, skills will be placed on
the Chip of the Smart Card. This card will also serve the purpose of
registration under Social Security, EOBI and workers Welfare Fund
and will be a source of Data Bank of labor force for re-skilling of
workforce with respect to enhancement of employment within
the country and overseas.

Wages
10. The Government is committed to implement the system of
minimum wage as a fundamental element of labor protection and
proposes to continue with the existing tripartite minimum wage
determination arrangements. An independent National Wage
Commission will be set up and the government will
establish a Working Group to make detailed recommendations for
the purpose of specific functions and operational arrangements
for such a Commission, including its technical and secretarial
support requirements.

ADVOCACY; RIGHTS OF WORKERS


AND EMPLOYERS: DECENT WORK.
The Labor Policy envisages a harmonious working relationship
between workers and employers for improving the performance
and efficiency of the industry. The rights and obligations-based
approach to labor issues is being followed also in accordance with
the Constitution of the Islamic Republic of Pakistan. In order to
fulfill obligation under the Constitution as well as under
international covenants with regard to wellbeing and socio-
economic protection of the workers, a strategy has to be evolved
and pursued in accordance with the concept of decent work in the
employment sector. The economic growth is a pre-condition for
expanding productive employment. But economic growth in itself
could not reduce poverty. Only productive and remunerative
employment could eliminate poverty and deprivation. Pakistan
has ratified many international commitments relating to
labor standards such as 34 ILO Conventions (33 in force) which
include seven of the eight fundamental conventions
encompassing freedom of association, the abolition of forced
labor, equality at work, the elimination of child labor, the
Convention on the Rights of the Child, the Convention on the
Elimination of All Forms of Discrimination Against Women,
Universal Declaration of Human Rights, International Covenant on
Economic, Social and Cultural Rights , International Covenant on
Civil and Political Rights and Anti-Slavery Convention of the UN.
The Government believes that in the light of its international
commitments the strategic goal of decent work means paying
equal attention to economic and social development, with special
attention to safeguarding the rights and interests of the workers.
The economic globalization offers new opportunities, but at the
same time it presents challenges to workers all over the world.
The decent work strategy responses to the social challenge. The
decent work strategy of the country comprises four elements that
are closely related:

! opportunities for productive, remunerative and safe work;


! social protection;
! respect for workers’ basic rights and interests; and
! Social dialogue.
. The preliminary focus for the decent work strategy at present is
employment promotion and further improvement of the social
security system. Experience has shown that rapid economic
development and technological progress do not automatically
lead to more employment opportunities; however, individuals
depend on employment opportunities to earn a living and meet
their basic needs. The Government will ensure full adherence of
labor laws and workers friendly environment in all establishments
to promote decent work
in the country.
SKILL DEVELOPMENT AND
EMPLOYMENT
. The main elements of Human Resource Development and
Employment strategy are outlined below: -
I) In the absence of determined measures to bring down the rate
of population increase efforts to enhance employment generation
are expected to produce limited success.
ii) Given the need to create 1.25 million-man years of additional
employment annually and recent declining employment elasticity,
the growth rate of the economy needs to center around a
minimum of 8.3 percent per annum.
iii) Primary emphasis will be on employment generation in rural
areas and surrounding small towns through development of
physical and social infrastructure and rural industries.
iv) Special measures will be taken to reduce unemployment
among the educated not through unproductive public sector
employment in administrative jobs but to meet real needs of the
economy especially in the social sectors and private sector
employment.
v) Effort will be made to accelerate development, increase
productivity of small scale/informal sector enterprises and to
generate.

CONCLUSION:
Actually international labor organization policies are present in
written form in the laws of labors but they are actually function so
that’s way if we want to change in labors conditions then we have to
implement these policies in our society then conditions of labor will
change in Pakistan such as about their wages ,weather
conditions ,workers policies etc.

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