Senate passes ''Industrial Relation Bill, 2012''

The Senate on Wednesday passed "The Industrial Relation Bill, 2012" unanimously to ensure more rights to labourers and for formation of trade unions and federations of trade unions for better relations between employers and workers. The Bill was moved by Senator Mian Raza Rabbani in the Upper House of the Parliament for passage on the private members day. The House passed the Bill unanimously with a minor amendment moved by Raza Rabbani.
The members of the House appreciated the efforts of Rabbnai for the rights of workers and urged the government to ensure implementation of the law. They said that the Parliament makes laws but the implementation of these were not properly monitored. Apprising the House about the bill, Rabbani said that during the dictatorial regime of Pervez Musharraf, the incumbent laws were amended through an ordinance, which was later made the part of 17th amendment. "It was part of the international agenda and a conspiracy against the rights of workers," Rabbani said.
He appreciated the input and contribution of all political parties and said other stakeholders were also consulted while finalising the Bill. Leader of the House Nayyar Hussain Bokhari said that the PPPP government had always endeavoured to ensure a balance between the employer and the employee and this Bill will further promote harmony. He appreciated Raza Rabbani and the role of the opposition parties and hoped it will prove to be a milestone in industrial development in the country. Leader of the Opposition, Maulana Abdul Ghafoor Haideri said this law would encourage the labourers to work hard and contribute to nation building.
According to objects and reasons of the Bill, it is expedient to consolidate and rationalise the law in Islamabad Capital Territory and at trans-professional level, relating to formation of trade unions and federations of trade unions, determining the collective bargaining agents, regulation of relations between employers and workers, the avoidance and settlement of any differences or disputes arising between them or matters connected therewith and ancillary thereto.
According to the Bill, any trade union may, under the signature of its President and the Secretary, apply to the Registrar for registration under this Act. The Federal Government shall constitute a National Industrial Relations Commission. The Commission shall consist of not less than ten full time members, including the Chairman. The qualification for appointment as a member or as the Chairman of the Commission shall be such as may be prescribed.
The Chairman and other members of the Commission shall be appointed by the Government in the prescribed manner. Two of the members shall be appointed in the prescribed manner to advise the Chairman, one to represent the employers and the other to represent the trade unions and the federations of such trade unions.
The Chairman of the Commission may, in addition to the representatives of workers appointed to the Commission, co-opt, in cases where he deems it necessary, from amongst workers belonging to federations such representatives of workers as he may deem fit. The worker''s representatives co-opted under sub-section (6) shall be entitled to such honorarium as may be prescribed.
The Commission to adjudicate and determine a industrial dispute in the Islamabad Capital Territory to which a trade union or a federation of such trade unions is a party and which is not confined to matters of purely local nature and any other industrial dispute which is, in the opinion of the Government, of national importance and is referred to it by that Government.
The Commission would register trade unions and industry-wise trade unions of an establishment or group of establishments in the Islamabad Capital Territory, and federations of such trade unions. It would also determine the collective bargaining agents amongst trade unions and industry-wise trade unions in the Islamabad Capital Territory and federations of such trade unions and to try offences punishable under Section 67 other than sub-section (1) and (6) and others.
The Commission also to advise the Government, trade unions and industry-wise trade unions in the Islamabad Capital Territory, and federations in respect to the education of workers in the essentials of trade unionism, including education in respect of their right and obligations, and to secure the provision of facilities required thereof, and to apportion the cost thereof between the Government, trade unions and federations of such trade unions, and the employers, in such manner as may be considered equitable by the Commission, subject to the approval of the Government.
The Commission would take measures calculated to prevent an employer or workman from committing an unfair labour practice in such manner as may be determined by regulations; It will exercise exclusive jurisdiction over the establishment or group of establishments situated in the Islamabad Capital Territory; and such other powers and functions as the Government may, by notification in the official Gazette, assign to it from time to time etc.