INDUSTRIAL RELATION LAWSINDUSTRIAL RELATION LAWS

1.1. Industrial Relations Law (I R Ord Industrial Relations Law (I R Ord 1969) was passed in retrospect in 1969) was passed in retrospect in 1972. It favored workers and caused 1972. It favored workers and caused disturbance in industry along with disturbance in industry along with nationalization.nationalization.

2.2. New law in force now is Industrial New law in force now is Industrial Relations Ordinance 2012. It is more Relations Ordinance 2012. It is more balanced.balanced.

3.3. Knowledge of I R Law is important Knowledge of I R Law is important for managers.for managers.

INDUSTRIAL RELATIONS LAWINDUSTRIAL RELATIONS LAWApplication of Ordinance 2012 Application of Ordinance 2012

Applies to all persons employed in any establishment or group of Applies to all persons employed in any establishment or group of establishments or industry EXCEPT those employed in.establishments or industry EXCEPT those employed in.

1.1. Police, Defence Service of Pakistan, and Services or Installations Police, Defence Service of Pakistan, and Services or Installations connected with Armed Forces of Pakistan.connected with Armed Forces of Pakistan.

2.2. Pakistan Security Printing Corpn or Security Papers Ltd or Pakistan Pakistan Security Printing Corpn or Security Papers Ltd or Pakistan Mint.Mint.

3.3. Administration of state, other than those employed as workmen by Administration of state, other than those employed as workmen by Railways, Post, Telegraph and Telephone Departments.Railways, Post, Telegraph and Telephone Departments.

4.4. Establishment or Institution for treatment / care of sick, infirm, Establishment or Institution for treatment / care of sick, infirm, destitute and mentally unfit persons excluding those run on destitute and mentally unfit persons excluding those run on commercial basis.commercial basis.

5.5. Institution for payment of employees old age pensions or for Institution for payment of employees old age pensions or for worker welfare.worker welfare.

6.6. Watch and Ward, Security or Fire Services staff of an oil refinery or Watch and Ward, Security or Fire Services staff of an oil refinery or establishment engaged in production, transmission or distribution establishment engaged in production, transmission or distribution of natural gas or liquified petroleum gas.of natural gas or liquified petroleum gas.

EMPLOYEREMPLOYEREmployer means a person or body of persons, whether incorporated or Employer means a person or body of persons, whether incorporated or

not who or whinot who or which ch employs workmen in the establishment under a employs workmen in the establishment under a contract of employment and includes the following:contract of employment and includes the following:

1.1. An heir, successor or assign as the case may be of such person or An heir, successor or assign as the case may be of such person or body. body.

2.2. Any person responsible for direction, admin, mngmt & control of Any person responsible for direction, admin, mngmt & control of establishment.establishment.

3.3. The authority in relation to an establishment run by or under the The authority in relation to an establishment run by or under the authority of any department of Federal Government or Provincial authority of any department of Federal Government or Provincial Government .Government .

4.4. The office bearer in relation to an establishment run by local The office bearer in relation to an establishment run by local authority appointed in this behalf or where no officer appointed, the authority appointed in this behalf or where no officer appointed, the CEO of the authority.CEO of the authority.

5.5. The proprietor of any establishment and every director, manager, The proprietor of any establishment and every director, manager, secretary, agent or office bearer or person concerned with the secretary, agent or office bearer or person concerned with the management of the affairs.management of the affairs.

6.6. A contractor of establishment who undertakes to procure the labour A contractor of establishment who undertakes to procure the labour or service of workmen for use by any other person or in or service of workmen for use by any other person or in establishment for any purpose.establishment for any purpose.

7.7. Office bearers of department or division of the Federal or Provincial Office bearers of department or division of the Federal or Provincial or local authority who belong to the managerial, secretarial or or local authority who belong to the managerial, secretarial or directional cadre or categories of supervisors or agents.directional cadre or categories of supervisors or agents.

ESTABLISHMENTESTABLISHMENT

Establishment means any office, firm, factory, Establishment means any office, firm, factory, society, undertaking, company, shop or premises society, undertaking, company, shop or premises or enterprise in which workmen are employed for or enterprise in which workmen are employed for the purpose of carrying on an industry (Sec.2 xi)the purpose of carrying on an industry (Sec.2 xi)

INDUSTRIAL DISPUTEINDUSTRIAL DISPUTE

Industrial dispute means any dispute or difference Industrial dispute means any dispute or difference between employers, and workmen or between between employers, and workmen or between workmen and workmen which is connected with workmen and workmen which is connected with the employment or non employment or the terms the employment or non employment or the terms of employment, or the conditions of work; and it of employment, or the conditions of work; and it not in respect of the enforcement of any right not in respect of the enforcement of any right guaranteed or accrued to workers by or under any guaranteed or accrued to workers by or under any law, other than this Ordinance, or any award or law, other than this Ordinance, or any award or settlement for the time being in force. (Sec.2 xvi)settlement for the time being in force. (Sec.2 xvi)

WORKER AND WORKMAN.WORKER AND WORKMAN.

Worker and workman means any and all persons not falling within Worker and workman means any and all persons not falling within the definition of an employer who is employed in an establishment the definition of an employer who is employed in an establishment or industry for remuneration or reward either directly or through a or industry for remuneration or reward either directly or through a contractor, whether the terms of employment be express or implied.contractor, whether the terms of employment be express or implied.

For the purpose of any proceeding under this Ordinance in relation For the purpose of any proceeding under this Ordinance in relation to an industrial dispute includes a person who has been dismissed, to an industrial dispute includes a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from discharged, retrenched, laid off or otherwise removed from employment in connection with or as consequence of that dispute employment in connection with or as consequence of that dispute or whose dismissal, discharge, retrenchment, lay off, or removal or whose dismissal, discharge, retrenchment, lay off, or removal has led to that dispute. has led to that dispute.

Does not include any person who is employed mainly in a Does not include any person who is employed mainly in a managerial or administrative capacity (Sec 2)managerial or administrative capacity (Sec 2)

INDUSTRYINDUSTRY

Any business, trade, manufacture, calling, service, occupation Any business, trade, manufacture, calling, service, occupation or employment engaged in an organized economic activity of or employment engaged in an organized economic activity of producing goods or services for sale excluding those set up producing goods or services for sale excluding those set up for charitable purposes operating through public or private for charitable purposes operating through public or private donations.donations.

TRADE UNIONTRADE UNION

Any combination of workers formed primarily for the Any combination of workers formed primarily for the purpose of furthering and defending the interests purpose of furthering and defending the interests and rights of workers in any industry or and rights of workers in any industry or establishment.establishment.

Includes an industry-wise federation of two or more Includes an industry-wise federation of two or more Collective Bargaining Agent unions.(CBA)Collective Bargaining Agent unions.(CBA)

Federation at national level of ten or more CBA Federation at national level of ten or more CBA Unions.Unions.

REGISTRATION OF TRADE UNIONREGISTRATION OF TRADE UNION

1. 1. According to Section 5, the application for registration of trade According to Section 5, the application for registration of trade union shall be accompanied by a statement showing:union shall be accompanied by a statement showing: ● ● The name of the trade union and address of its head office.The name of the trade union and address of its head office.● ● The date of formation of the trade union.The date of formation of the trade union.● ● The titles, names, ages, addresses and occupation of the office The titles, names, ages, addresses and occupation of the office bearers of the trade union.bearers of the trade union.●● The statement of total paid membership. The statement of total paid membership.●● The name of establishment, group of establishments or the The name of establishment, group of establishments or the industry, as the case may be, to which the trade union industry, as the case may be, to which the trade union relates relates along with a statement of the total number of workers along with a statement of the total number of workers employed therein.employed therein.● ● The name and addresses of the registered trade unions in the The name and addresses of the registered trade unions in the establishment, group of establishments or industry, as the establishment, group of establishments or industry, as the case case may be which the trade union relates.may be which the trade union relates.

REGISTRATION OF TRADE UNIONREGISTRATION OF TRADE UNION

● ● The names, addresses and registration numbers of member The names, addresses and registration numbers of member trade unions. In case the application is made by a federation of trade unions. In case the application is made by a federation of trade unions.trade unions.

2. Three copies of the constitution of the trade union together with 2. Three copies of the constitution of the trade union together with a copy of the resolution y the members of the trade union adopting a copy of the resolution y the members of the trade union adopting such constitution bearing the signatures of the Chairmen of the such constitution bearing the signatures of the Chairmen of the meeting.meeting.

3. A copy of the resolution from each of the constituent trade 3. A copy of the resolution from each of the constituent trade unions agreeing to become a member of the federation or unions agreeing to become a member of the federation or confederation of a trade unions where such application is made by confederation of a trade unions where such application is made by a federation or confederation.a federation or confederation.

CERTIFICATE OF REGISTRATIONCERTIFICATE OF REGISTRATIONRegistration. (1) The Registrar, after having exercised due diligence and Registration. (1) The Registrar, after having exercised due diligence and

verification of facts, and on being satisfied that a trade union has verification of facts, and on being satisfied that a trade union has complied with all the requirements of this Ordinance, shall register complied with all the requirements of this Ordinance, shall register the trade union in a prescribed register and issue a registration the trade union in a prescribed register and issue a registration certificate in the prescribed form within a period of fifteen days from certificate in the prescribed form within a period of fifteen days from the date of receipt of the application under intimation to the the date of receipt of the application under intimation to the concerned employer.concerned employer.

(2) In case the application for registration is found y the Registrar to be (2) In case the application for registration is found y the Registrar to be deficient in any material respect, he shall communicate in writing all deficient in any material respect, he shall communicate in writing all his objections to the trade union within a period of his objections to the trade union within a period of

Cancellation of RegistrationCancellation of RegistrationThe registration of a trade union shall be cancelled if the The registration of a trade union shall be cancelled if the Labour Court so directs upon a complaint in writing made by Labour Court so directs upon a complaint in writing made by the Registrar that the trade union hasthe Registrar that the trade union has

i.i. Contravened or has been registered in contravention of Contravened or has been registered in contravention of any of the provisions of this Ordinance or the rules made any of the provisions of this Ordinance or the rules made there under;there under;

i.i. Contravened any of the provisions of its constitution; orContravened any of the provisions of its constitution; or

ii.ii. Made in its constitution any provision which is Made in its constitution any provision which is inconsistent with this Ordinance or the rules made there inconsistent with this Ordinance or the rules made there under.under.

UNFAIR LABOUR PRACTICESUNFAIR LABOUR PRACTICESUnfair Labor Practices of EmployersUnfair Labor Practices of Employers

1.1. Impose any condition in a contract of employment seeking Impose any condition in a contract of employment seeking to restrains the right of a person who is a party to such to restrains the right of a person who is a party to such contract to join a trade union or continue his membership contract to join a trade union or continue his membership of a trade union.of a trade union.

2.2. Refuse to employ or refuse to continue to employ an Refuse to employ or refuse to continue to employ an person on the ground that such persons is or is not a person on the ground that such persons is or is not a member or office bearer of a trade union.member or office bearer of a trade union.

3.3. Discriminate against any person in regard to any Discriminate against any person in regard to any employment, promotion, condition of employment, or employment, promotion, condition of employment, or working condition on the ground that such person is or in working condition on the ground that such person is or in not, a member or office-bearer of a trade unionnot, a member or office-bearer of a trade union

4.4. Induce any person to refrain from becoming or ceasing to Induce any person to refrain from becoming or ceasing to be a member or office bearer of a trade union by be a member or office bearer of a trade union by conferring or offering to confer any advantage on or by conferring or offering to confer any advantage on or by procuring or offering to procure any advantage for such procuring or offering to procure any advantage for such person or any other person.person or any other person.

LABOUR UNFAIR PRACTICESLABOUR UNFAIR PRACTICESUnfair Labor Practices of EmployersUnfair Labor Practices of Employers

1.1. Compel or attempt to compel any office bearer or a CBA Compel or attempt to compel any office bearer or a CBA to arrive at a settlement by using intimidation, coercion, to arrive at a settlement by using intimidation, coercion, pressure, threat, confinement, to a place, physical injury, pressure, threat, confinement, to a place, physical injury, and disconnection of water, power, or telephone facilities and disconnection of water, power, or telephone facilities or by such other methods.or by such other methods.

2.2. Interfere with or in any way influence the balloting Interfere with or in any way influence the balloting provided for in section 20.provided for in section 20.

3.3. Recruit any new workman during the period of notice of Recruit any new workman during the period of notice of strike under section 31 or during currency of a strike strike under section 31 or during currency of a strike which is not illegal except where the conciliation has, which is not illegal except where the conciliation has, being satisfied that complete session of work is likely to being satisfied that complete session of work is likely to cause serious damage to the machinery or installation cause serious damage to the machinery or installation permitted temporary employment of a limited number of permitted temporary employment of a limited number of workmen in the section where the damage is likely to workmen in the section where the damage is likely to occur.occur.

LABOUR UNFAIR PRACTICESLABOUR UNFAIR PRACTICESUnfair Labor Practices on Part of WorkmenUnfair Labor Practices on Part of Workmen

1.1. Compel or attempt to compel the employer to Compel or attempt to compel the employer to accept any demand by using intimidation, coercion, accept any demand by using intimidation, coercion, pressure, threat, confinement or ouster from a pressure, threat, confinement or ouster from a place, dispossession, assault, physical injury or by place, dispossession, assault, physical injury or by such other methods; orsuch other methods; or

2.2. Commence, continue, instigate or incite others to Commence, continue, instigate or incite others to take part in or expend or supply money or take part in or expend or supply money or otherwise act in furtherance or support of an illegal otherwise act in furtherance or support of an illegal strike or adopt go slow measures; orstrike or adopt go slow measures; or

3.3. Carry any arms or weapons within the premises of Carry any arms or weapons within the premises of an employer without any legal authorityan employer without any legal authority