Q-1 Discuss the salient features of the industrial relation ordinance amended upto the present time. OR Discuss the right given to workers in the industrial law. Also discuss the exceptions of law.
Ans: INDUSTRIAL RELATIONS ORDINANCE, 2002
The law relating to industrial relations in Pakistan is contained in the Industrial Relations Ordinance, 2002. It extends to the whole of Pakistan and came into force at once- It consists of 83 sections along with two schedules (SecA)
APPLICATION OF ORDINANCE
According to Section 1(4) the Industrial Relations Ordinance applies to all persons accepts those employed in.
- Police, defence services, and services or installations connected with armed forces
- Administration of state, railways, posts, telegraph and telephone departments
- Security staff of PI A in specified pay group.
- Pakistan Television Corporation or Pakistan Broadcasting Corporation.
- Pakistan Security Printing Corporation or Security Papers Limited.
- Establishment for treatment of sick, infirm, destitute or mentally unfit.
- Watch and Ward, Security or Fire Service staff of an old refinery.
- Security or Fire Service staff engaged in natural gas or Petroleum gas.
FEATURES OF THE INDUSTRIAL RELATION ORDINANCE
1. RIGHT OF ASSOCIATION
Industrial law grants the right of association to the workers and employers. They can make or join any union with out any permission from the government. They may also frame their constitution. They can elect their representative and they are also free to join any federation. They may also join the international organization of the workers. In case of registration otherwise there is no need.
2. COLLECTIVE BARGAINING
The main objective of the industrial law is to provide the chance of collective bargaining to the workers because the individual bargaining power is very poor. Due to this they are unable to receive the proper reward of their services.
3. IMPROVEMENT IN SERVICE CONDITION
The important feature of industrial law to improve the service conditions of the workers. It improves the financial of the workers and provides security.
4. SOLVES GRIEVANCES
Industrial law also solves the grievances of the workers.
5. NATIONAL INDUSTRIAL RELATIONS COMMISSION
The law also provides for .setting up of a permanent quasi-judicial. National industrial relation commission to solve the labour and management problems.
6. APPOINTMENT OF AUDITOR
Under some conditions industrial law provides an authority to the workers to appoint an auditor who would be paid by the management.
7. WORKERS REPRESENTATION
According to law up to fifty percent (50%) representative of the workers will be associated with the management.
8. SHOP STEWARD
At the lowest level law introduces the system of shop steward. A steward will work as a link between the worker and management. He will explain the workers point of view to the management.
9. UNFAIR PRACTICE NOT ALLOWED
In the industrial law it is declared that no any party (employer and worker) can indulge itself in the unfair practice.
10. DISCIPLINE CONDITION
Unrest in the industry is very harmful for the economy. So the new provision of law also provides the peaceful conditions in the factory. There are disciplining the trade union and workers to perform their duties in the various sectors.
11. ROLE OF REGISTRATION
Under the provision of law it is the important function of registrar to determine that which trade union entitled for registration as an agent of collective bargaining.
EXCEPTIONS OR LIMITATION
The industrial law covers all the workmen employed in industrial establishment except the following.
- Defense services ofPakistan
- Ordinary factory maintained by the central government.
- Administration of the state.
- Police services.