950813

Cabinet committee

recommends changes

in union rules

TANVIR ZAHID

LAHORE: The Cabinet Committee in its recommendation on the report of the Task Force on Labour has expressed deep concern on the existing trade union situation in Pakistan, which presented a state of rivalries and indiscipline arising out of their multiplicity.

The Committee has observed that even in certain establishments there were reportedly more than 15 trade unions.

While making six major recommendations, including holding of referendum after every two years to determine Collective Bargaining Agent (CBA), the Cabinet Committee headed by the Federal Industries and Production Minister, Brigadier (Retired) Muhammad Asghar has also observed that the present definition of the term "establishment" as given in section 2(ix) of the Industrial Relations Ordinance 1969 is such that even a branch or office of the same organization could be considered as a separate establishment in certain cases, enabling the workers of such an office or branch to form their own union.

The Committee was of the view that it was one of the factors responsible for mushroom growth of trade unions in the country.

According to the information available to Business Recorder from well-informed sources in Lahore on Sunday, the Commmittee has recommended that the term should be redefined by omitting the words "office", "industrial unit", "undertaking" and "premises" from its existing definition.

The Committee, the sources said, has proposed a new definition of the term "establishment" which reads as under:

"Establishment" means any firm, society, company or enterprise which employs workmen for purposes of carrying on any business or industry and consists of its all departments and branches, whether situated in the same place or in different places having a common balance sheet and profit and loss account and, except in section 22-EE, includes a collective bargaining unit, if any, constituted under that section in an establishment.

The Committee's recommendations for checking proliferation of trade unions are:

a) Referendum of CBA must be held invariably after every two years. The law may be amended to provide that CBA will cease to exist on completion of its two years tenure and the referendum for the new CBA may be held at a time to be fixed by the Registrar so that the new CBA may hold office immediately on the expiry of the tenure of its predecessor.

b) Contestant unions, receiving less than 10 percent of votes at the referendum may be deregistered.

c) The unions not contesting the referendum may also be deregistered.

d) Registration of unions which fail to submit their annual income and expenditure returns may be cancelled.

e) Unions having membership less than 33 percent of the total strength of workmen in the establishment or industry in which it has been formed may not be registered.

f) The Industrial Relations Ordinance 1969 may be amended to exclude the words "group of establishments" wherever these exist in relation to formation and registration of trade union or holding of secret ballot for the purpose of determination of CBA.