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Published 28 Jun, 2006 12:00am

KARACHI: HRCP terms finance bill illegal

KARACHI, June 27: The Human Rights Commission of Pakistan and labour organisations on Tuesday claimed that the finance bill was illegal, as any change brought about in labour laws was tantamount to violation of Article 73 of the Constitution.

This was stated by HRCP Secretary General Iqbal Haider in a news conference that he jointly addressed with Karamat Ali, Director Pakistan Institute of Labour Education and Research at Karachi Press Club.

Mr Haider claimed that changes in labour laws and Penal Code through a finance bill amounted to suppression of provincial autonomy.

Referring to increase in working hours both in daily work and over time and allowing employers to get female workers to work in factories till 10pm and trying to legalise the contractual work, the HRCP secretary general maintained that these fundamental changes in the laws were made through the finance bill and procedures provided under the Constitution for amendments in any Act of the Parliament had thus been violated.

He said that protection to the citizens against coercion by the majority was arrogantly denied because the Senate was not allowed to discuss the finance bill. He considered the changes inhuman, against national and international norms, in violation of international labour laws, in confrontation with the ILO Conventions and against the will and spirit of the Constitution, and the procedure adopted for amendments was totally unconstitutional and illegal. The changes would result in a wider labour exploitation.

Both Mr Haider and Mr Karamat claimed that these changes had been made under prescription of the World Bank, the Asian Development Bank and other International Financial Institutions.

It is pertinent to mention here that the government has amended Factories Act 1934, Standing Orders Ordinance 1968, Shops and Establishment Ordinance, 1969, West Pakistan Industrial & Commercial Employment (Standing Orders) Ordinance 1968, Workers Welfare Fund Ordinance, 1971, and EOBI Act 1976.

Mr Haider pointed out that by amending the Shops and Establishment Ordinance 1969, the government had increased daily working hours from eight to 12 hours.

Similarly the compulsory closed weekly holiday has also been abolished, and through an amendment in Section 38 and 45 of the Factories Act has allowed the employers to make female workers work till 10pm in two shifts. Earlier, female workers were bared from working in factories before sunrise and after sunset. Besides, by changing the West Pakistan Standing Orders Ordinance 1968, the contract workers had been added to the categories of work without entitlement of overtime.

Both Mr Haider and Mr Karamat maintained that these changes would have serious implications for the society in general and working people in particular as it would lead to changes in basic structure of work-life for workers; removal of legal protections; extension in working time; reduction in overtime compensation; vulnerability of women workers; increase in poverty; further deterioration in physical health conditions of working communities; and intense mental and social disorder.

They said that the government also made changes in the operation and coverage of Workers Welfare Fund and EOBI which was illegal as these institutions were autonomous and run under the rules of public funds. The fact that the registration with the EOBI would be compulsory only to establishments employing 20 or more workers would directly curtail its applicability and would also deprive millions of workers from a fundamental right.

Representatives of the Workers Confederation, Sindh; the All Pakistan Textile Workers Union, the All Pakistan Bhatta Mazdoor Union, All Road Transport Workers Union Pakistan, the International Union of Food, the Pakistan and Hotel Workers Federation were also present.

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