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(12-04-11) CONSENSUS DRAFT

TRIPARTITE COMMITTEE AND OTHER STAKEHOLDERS FROM SINDH PROVINCEWORKERS EMPLOYERS BILATERAL COUNCIL OF PAKISTAN(12-04-11) The delegates and members of the Consultation unanimously passed the draft legislation and made the Resolution as under; This August forum comprising of representatives of Workers, Employers and Labour Department, Govt.of Sindh with consensus: the Tripartite Committee formed by the Government of Sindh, and being presented today the 24March, 2011 to the Honorable Minister of Labour, Govt.of Sindh Mr.Amir ncial Government to transform the ial Year i.e.June, 2011.The forum express its concern over the fate of Federation and Industry wise trade union registered at the National r membership in more than one province, in the post of 18 Amendment scenario and request Sindh Government forward our suggestions to the Federal Government for initiating separate federal level legislation to protect the right and interest of the federations at the national level and industry wise trade unions having their membership across the country, as provided under the constitution and for providing legal cover to the NIRC.The forum likewise request for development of suitable mechanism to protect the interest of the workers in the small provinces enabling them to secure benefit under the EOBI and WelThe forum is thankful to WEBCOP for its facilitative efforts in developing the Solidarity Center Islamabad for their support in organizing the Consultation process and the Ministry of Labour, Govt.of Sindh and also its worker friendly labour Minister Mr.Amir Nawab ded to the Tripartite Committee which finally lead to the development of(12-04-11) Chapter

III

Workers Participation and Dispute Resolution.23.
Shop Stewards to act as link between labour and management.24.

Joint Management Council.25.

Negotiations relating to of notice of conciliation.

28.

Conciliation after notice.29.

Proceedings before Conciliator 30.

Arbitration.31.

Strike and lockout.

31-A

Strike and Lockout in32.

Application to Labour Court
33.

Commencement and conclusion of of industrial disputes.

35.

Prohibition ongoing 36.Powers of Labour Court and Tri37.

Illegal strikes and lockouts.38.

Procedure in cases of 39.

Conditions of service to remain unchanged while proceedings pending.40.

Removal of fixed assets.

41.

Protection of certain persons.42.

Representation of parties.Chapter

IV

Labour Judiciary 43.

Labour and powers of Labour Court.45.

Redress of individual grievances.

46.

Awards and decisions of Labour Court.47.

Labour Appellate Tribunal.48.

Sindh Industrial Relations Commission.49.

Benches of the Commission, etc.

50.

Additional powers of the Commission.(12-04-11) Chapter

VIII

Rights & Duties of Workers & and Employers matters to be kept .80.

Registrar, etc., to the public servants.81.

Limitations.82.

Powers to make rules.

83.

Collection of Statistics.84.
Repeal and savings.85.
Former regi86.
Removal of difficulties.

87.

Law relating to essential services limited in application 88.Transfer of cases from NIRC

To amend and consolidate the law relating to the formation of trade unions, the regulation of relations between employers and workers and the avoidance and settlement WHEREAS it is expedient to provide for revision of laws relating to trade unions for the purpose of consolidation, simplification and for matters connected therewith and ancillary thereto;

It is hereby enacted as follows (1) This Act may be called the Si(2) It extends to the whole of Province of Sindh and shall come into force (12-04-11)

(vi) Conciliation proceedings mean any proceedings before a Conciliator;

(vii) Conciliator means-

(a) In respect of disputes which the Sindh Industrial Relations Commission is competent to adjudicate and determine, a person appointed

(b) in respect of other disputes, a person appointed as such by the Provincial Government under sub-section (1) of (viii) "employer" in relation to an establishment, means any person or body of persons, whether incorporated or not, who or which employs workers in the establishment under a contract of employment and (a) an heir, successor or assign, as the case may be, of such (b) any person responsible for the management, supervision and control of the establishment;

(c) in relation to an establishment run by or under the authority of any department of the Federal Government or Provincial Government, the authority appointed in this behalf or, where no authority is so appointed, the Head of (d) in relation to an establishment run by or on behalf of a local authority, the officer appointed in this behalf, or where no officer is so appointeof that authority;

For the-purpose of distinction from the category of "workers", officers and employees of a department of the Federal Government or a Provincial Government or local authority who belong to the superior, managerial, secretarial, directorial, supervisory or agency staff and who have been notified for this purpose in the official Gazette shall be deemed to fall within the category of "employers"; and

(e) in relation to any other establishment, the proprietor of such establishment and every director, manager, secretary, agent or officer or person concerned with the management (12-04-11) is intended for the purpose of compelling workers employed to accept certain terms and conditions of, or affecting, employment; (xviii) organisation means any organisation of workers or of employers for s of workers or of employers; (xix) officer in relation to a trade union means any member of the executive thereof, but does not include an auditor or legal advisor (xx) prescribed mean(xxi) public utility service means any of the service notified by the Provincial Government in consultation with the Provincial Standing Committee on Labour through an order publish in the official gazette; (xxii) registered trade union means a trade union or federation of trade (xxiii) Registrar means Registrar of Trade Unions appointed under section (xxiv) settlement means a settlement arrived at in the course of conciliation proceedings, and includes an agreement between an employer the collective bargaining agent or workers arrived at or in the course of conciliation proceedings, where such agreement is in writing and has such manner as may be prescribed and a copy thereof has been sent to the Provincial Government, the Conciliator and such other persons as may be prescribed; (xxv) Standing Labour Committee means the tripartite committee comprising of 24 members having equal representation of workers, employers and Government nominated by the accredited federation of the workers registered at Provincial level, the employers organizations and the Provincial Government, as notified by the Provincial Government.(xxvi) strike means cessation of work by a body of persons employed in any establishment acting in combination or a concerted refusal or refusal under a common understanding of any number of persons who have been so employed to continue to work or to accept employment; trade union means any combination of workers or employers formed primarily for the purpose of regulating the relations between workers and employer or employer and employer, workers and workers or for imposing conditions on the conduct of any establishment, group of establishments or industry and includes a federation or confederation of trade unions as the case may be within the Sindh Province (12-04-11) c)

every trade union shall frame its owles to elect its representatives in full freedom to organize its administration and activities and to formulate its programs; and d) workers and employers organizations shall have the right to establish and join federations and confederations and any such organization, federation or confederation shall have the right to affiliate with international organizations and confederations of workers and employers organizations.

e) workers and employers and their respective organizations, in exercising the rights provided for in Section

or organized Application for registration.- Any trade union may, under the signatures of its Requirements for application
eobi registration number
.- Every application for registration shall be made to the Registrar and shall be accompanied by-

(a) a statement showing- (i) the name of the trade union and (ii) date of formati(iii) the titles, names, ages, addresses and occupations of the officers of (iv) statement of total paid membership; (v) the name of the establishment, group of establishments or the industry, as the case may be, to which the trade union relates alongwith a statement of the total number of workers employed (vi) the names and addresses of the registered trade unions in the establishment, group of establishments or industry, as the case may be, to which the trade union relates; (vii) the names, addresses and registration number of member trade unions, in case the application is made by a federation of trade (b) three copies of the constitution of the trade union together with a copy of the resolution by the members of the trade union adopting such

the Chairman of the meeting; (c) a copy of the resolution by the members of the trade union authorising its President and the Secretary to apply for its registration;

(12-04-11) (l) the meetings of the executive and of the general body of the trade union, so that the executive shall meet at least once in every four months and the (2) Without prejudice to the provisions of the sub-section (1), a trade union of

workers shall not be entitled (a) unless all its members are workers actually engaged or employed in the establishment or industry with whic(b) unless it has as its members not less than one-fifth of the total number of workers employed in an establishment, group of establishments or industry, where there are two or more registered trade unions in such establishment, group of establishments or, as the case may be, industry

Provided that these provisions shall have effects notwithstanding Disqualification for being an officer of a trade union.- Notwithstanding anything contained in the constitution or rules of a trade union, a person who has been convicted of offence under section 73 or heinous offence under the Pakistan Penal Code Act XLV of 1860) shall be disqualified from being elected as or from being an Officer of a trade union.8.

Registered trade union to maintain register, etc.-Every registered trade union shall maintain in such form as may be prescribed- (a) a register of members showing particulars of subscriptions paid by each member; (b) an accounts book showing receipt and expenditure; and (c) a minute book for recording the proceedings of meetings.

(1) The Registrar, on being satisfied that the trade union has complied with all the requirements of this Act, shall register the trade union in a prescribed register and issue a registration certificate in the prescribed form within a period of fifteen days from the date of receipt of the application.

In case the application for registration is found by the Registrar to be deficient in any material respect, he shall communicate in writing all his objections to the trade union within a period of seven days from the receipt of the y thereto within a period of fifteen days from the receipt of the objections.If no objections are received by the trade union within the prescribed time, the union will be deemed to have been registered; (12-04-11) 11.Certificate of registration.- The registrar on registering a trade union under Section 9 shall issue a certificate of registration in the prescribed form which shall be Cancellation of registration.-

(1) The registration of a trade union shall be cancelled if the Labour Court so directs upon an application in writing made by the Registrar that the trade (i) contravened or has been registered in contravention of, any of the (iii) made in its constitution any provision which is inconsistent with this Act or the rule made.(2) Where any person who is disqualified under section 7 from being elected as, or from being, an officer of a trade union is elected as an officer of a registered trade union, the Officer or the member so elected should stood (3) The registration of a trade union shall be cancelled by the Registrar if, after holding such inquiry as he deems fit, he finds that such trade union has 13.Appeal against cancellation of registration.- Any trade union aggrieved by a

(a) by the Labour Court under sub-section (1) or (2) of section 12, may prefer appeal to the tribunal within thirty days of the passing of the said orders,

(b) by the Registrar under sub- section (3) of section 12, may prefer appeal to 14.

Incorporation of registered trade union.(1) Every registered trade union shall be a body corporate by the name under which it is registered, shall have perpetual succession and a common seal and the power to contract and to acquire, hold and dispose of property, both movable and immovable and shall by the same name use or be used.(2) The Societies Registration Act, 1860, (XXI of 1860), the Co-operative Societies Act, 1912 (11 of 1912), and the Companies Act, 1984 (XLVII of 1984), shall not apply to any registered trade union and the registration of ese enactments shall be void.(12-04-11)

Provided that a trade union of workers shall not join a federation which comprises of a trade union or association of employers, nor or association of employers join a federation which comprises a trade union or (2) The constitution of federation or confederation of trade unions referred to in sub-section (1) shall, among other things, provide for the procedures to be followed by federated trade unions and the rights and responsibilities of the (3) An application for the registration of a federation or confederation or trade unions shall be signed by the Presidents of all the trade unions constituting the federation or confederation or by the officers of these trade unions respectively authorised by the trade unions in this behalf and shall be accompanied by three copies of the constitution of federation or confederation (1) There shall be sent annually to the Registrar, on or before such date as may be prescribed, a general statement audited in the prescribed manner of all receipts and expenditure of every registered trade union during the year ending on the 31st day of December next preceding such prescribed date, and of the assets and liabilities of the trade union existing on such 31st day of December, as may be prescribed.(2) Together with the general statement referred to in sub-section (1), there shall be sent to the Registrar a statement s officers made by the trade union during the year to which the general statement refers, alongwith a statement of the total paid membership and a copy of the (3) A copy of every alteration made in the constitution of a registered trade union and of a resolution of the general body having the effect of a provision of the constitution shall be sent to the Registrar within fifteen days of the making of (4) In case the registered trade union is member of a federation of trade unions, the name of that federation shall be given in the annual statement.20.Collective bargaining agent.-

(1) Where there is only one registered trade union in an establishment or a group of establishments or industry, such trade union shall, if it has as its members not less than one-third of the total number of workers employed in such establishment or group of establishments or industry, upon an application made in this behalf be certified by the Registrar in the prescribed manner to be the collective bargaining agent for such establishment or group of establishments or industry.(12-04-11)

Provided that in computing the period of three months referred to in clause (a), in the case of a worker employed in a seasonal factory within the meaning of section 4 of the Sindh Factories Act, 2011 (XXV of 1934), the period during which he was employed in that factory during the preceding taken into account.(5) The Registrar shall, after verification of the lists submitted by trade unions, prepare a list of voters in which shall be included the name of every worker whose period of employment, as computedis not less than three months and who is a member of any of the contesting trade unions and shall, at least four days prior to the date fixed for the poll, send to each of the contesting trade unions a certified copy of the list of voters so prepared.(6) Every worker who is a member of any of the contesting trade unions and whose name appears in the list of voters prepared under sub-section (5) shall be entitled to vote at the poll to determine the collective bargaining agent.

(7) Every employer shall provide all such facilities in his establishment as may be of the poll but shall not interfere (8) No person shall canvass for vote within a radius of fifty yards of the polling (9) For the purpose of holding secret ballot to determine the collective bargaining agent, the Registrar shall-

(a) fix the date of the poll and intimate the same to each of the contesting trade unions and also to every empl (b) on the date fixed for the poll so place, in the polling stpurpose, the ballot boxes which shall be sealed in the presence of the representatives of the contesting trade unions as to receive the ballot

(c) conduct the poll at the polling station at which the representatives of the

(d) after the conclusion of the poll and in the presence of such of the representatives of the contesting trade unions as may be present, open the

(e) after the conclusion of the received the highest number of votes to be the collective bargaining agent:

Provided that no trade union shall be certified to be the collective bargaining agent for an establishment, group of establishments or industry votes received by it is not less than one-third of the total number of workers employed in such establishment, group of establishments

or, as the case may be industry: (12-04-11) (14) (a) The Registrar may authorize in writing an officer to perform all or any of

(b) During the proceedings for the determination of collective bargaining agent, no employer shall transfer, remove, retrench or terminate the service of any worker who is member or office bearer of any contestant permission of Registrar.(1) If a collective bargaining agent so requests, the employer of the workers who are members of a trade union shall deduct from the wages of the workers such amounts towards their subscription and / or donations to the funds of the trade union as may be specified with the approval of each individual worker named in the demand statement furnished by the trade union.(2) An employer making any deductions from the wages under sub-section (1) shall, within fifteen days of the end of the period for which the deductions have been made, deposit the entire amount so deducted by him in the account of the trade union on whose behalf he has made the deductions.(3) A collective bargaining agent shall maintain with a branch of the National Bank of Pakistan or with a Post Office Saving Bank an account to which shall be credited the entire amount deducted from the wages of the members of the trade union.(4) The employer shall provide facilities to the collective bargaining agent for ascertaining whether deductions from the wages of its members are being made under sub-section (1).22.

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