LABOUR RELATIONS LEGISLATION IN PAKISTAN

THE RATIONALE FOR LABOUR RELATIONS LEGISLATION (LRL)

Necessary to prevent suffering, chaos and injustice Way to manage conflict between employers and workers Provides opportunity for worker input into management decisions Belief that workers and society better served

Duty to Accommodate

Arbitrators obliged to interpret collective agreements in light of antidiscrimination provision Constructive or systematic discrimination Accommodate up to the point of undue hardship

MAJOR FEATURES OF Pakistani LRL

Legislative framework

Fragmented Under the domain of provinces Approximately three dozen different pieces of legislation in Pakistan

Different legislation may contribute to innovation and change

MAJOR FEATURES OF Pakistani LRL (cont.)

Emphasis on process

Should operate primarily through free collective bargaining Belief that employers and unions are able to resolve disputes on their own Some constraints on content of collective agreements due to other employment laws

MAJOR FEATURES OF IRL (cont.)

No Mid-term strikes No Lock Outs No Politic sizing of IR Issues Reasonably broad range of protection

MAJOR FUNCTIONS OF PAKISTANI LRL

Certification and decertification

Single most important function Establishes procedure through which unions could obtain legal recognition of bargaining rights (certification)

MAJOR FUNCTIONS OF PAKISTANI LRL (cont.)

Certification and decertification (cont.)

Decertification is a process where employees get rid of union

Essential element of public labour policy

MAJOR FUNCTIONS OF Pakistani LRL (cont.)

Remedying unfair labour practice

Apply both to employers and unions Employers are barred from participating in or interfering in coercive manner with a trade union Unions are barred from interfering with the formation and operation of employers organizations

MAJOR FUNCTIONS OF Pakistani LRL (cont.)

Maintaining union security

Protection to carry out legitimate activities in the workplace Regular deduction of union dues Strikes Grievances

Regulating industrial conflict

VARIATIONS IN PROVINCIAL LEGISLATION

Basic core of acts usually quite similar Importance differences

Eligibility for Representation Certification procedures Duty of fair representation procedures Contract arbitration Technological change Replacement workers Availability of alternate dispute resolution

VARIATIONS IN PROVINCIAL LEGISLATION (cont.)

Certification procedures

Requirement for vote or not Some jurisdictions allow membership card count and no vote

Duty of fair representation

Help reassure potential members Prevents unions from being arbitrary

HOW LRL IS ADMINISTERED

Arbitrators

Responsible for interpreting and administering collective agreements Power to make final and binding decision Must consider other external legislation

HOW LRL IS ADMINISTERED (cont.)

Courts

Review arbitral and labour board decisions Issue injunctions limiting or barring picketing