Last Change:

05/01/2025

Industrial Relations Act, 2012

Year: 2012

Type: Domestic law

Rights Category: Work & Workplace rights

Description

An Act to consolidate and rationalize the law relating to formation of trade unions, and improvement of relations between employers and workmen in the Islamabad Capital Territory and in trans-provincial establishments and industry. 

Selected provisions
Section 3 - Trade unions and freedom of association.

Subject to the provisions of this Act and notwithstanding any other law for the time being in force,—
(a) workers, without distinction whatsoever, shall have the right to establish and, subject to the rules of the organization concerned, to join international associations of their own choice without previous authorization:
Provided that in the establishment where women are also employed the Trade Union shall include the women in the executive of the said trade union with the same proportion in which they are employed in the establishment:
Provided further that no worker shall be entitled to be a member of more than one trade union at any one time and on joining another union the earlier membership shall automatically stand cancelled;
(b) employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join international associations of their own choice without previous authorization:
(c) every trade union and employers association shall frame its own constitution and rules to elect its representatives in full freedom to organize its administration and activities and to formulate its programmes; 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’ organisations.

Section 53 - National Industrial Relations Commission.

(1) The Federal Government shall constitute a National Industrial Relations Commission.
(2) The Commission shall consist of not less than ten full time members, including the Chairman.
(3) the qualification for appointment as a member or as the Chairman or the Commission shall be such as may be prescribed.
(4) The Chairman and other members of the Commission shall be appointed by the Government in the prescribed manner.
(5) 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 trade unions and the federations of such trade unions.
(6) The Chairman of the Commission may, in addition to the representatives of workers appointed to the Commission, co-opt, in cases where the deems it necessary, from amongst workers belonging to federations such representatives of workers as the may deem fit.
(7) The worker’s representative co-opted under sub-section (6) shall be entitled to such honorarium as may be prescribed.

Section 33 - Redress of individual grievances.

(1) A worker may bring his grievance in respect of any right guaranteed or secured to him by or under any law or any award or settlement for the time being in force to the notice of his employer in writing, either himself or through his shop steward or collective bargaining agent within ninety days of the day on which the cause of such grievance arises.
(2) Where a worker himself brings his grievance to the notice of the employer, the employer shall, within fifteen days of the grievance being brought to his notice, communicate his decision in writing to the worker.
(3) Where a worker brings his grievance to the notice of his employer through his shop steward or collective bargaining agent, the employer shall, within seven days of the grievance being brought to his notice, communicate his decision in writing to the shop steward or as the case may be the collective bargaining agent.
(4) If the employer fails to communicate a decision within the period specified in sub-section (2) or, as the case may be sub-section (3), or if the worker is dissatisfied with such decision, the worker or the shop steward may take the matter to his collective bargaining agent or to the Commission or, as the case may be, the collective bargaining agent may take the matter to the Commission, and where the matter is taken to the Commission, it shall give a decision within seven days from the date of the matter being brought before it as if such matter were an industrial dispute:
Provided that a worker who desires to so take the matter to the Commission shall do so within a period of sixty days from the date of the communication of the employer or, as the case may be, from the expiry of the period mentioned in sub-section (2), or sub-section (3), as the case may be.
(5) In adjudicating and determining a grievance under sub-section (4), the Commission shall go into all the facts of the case and pass such orders as may be just and proper in the circumstances of the case.
(6) If a decision under sub-section (4) or an order under sub-section (5) given by the Commission or a decision in an appeal against such a decision or order is not given effect to or complied with within seven days or within the period specified in such order or decision, the defaulter shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to seventy-five thousand rupees, or with both.
(7) No person shall be prosecuted under sub-section (6) except on a complaint in writing—
(a) by the workman if the order or decision in his favour is not implemented within the period specified therein; or
(b) by the Commission if an order or decision thereof is not complied with.
(8) For the purposes of this section, workers having common grievance arising out of a common cause of action may make a joint application to the Commission.
(9) Any collective bargaining agent or any employer may apply to the Commission for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement.
(10) There shall be a Tripartite Council for review of grievances of workers in the Islamabad Capital Territory comprising not less than three members each of the workers, employers and the Government:
Provided that the representatives of the workers and the employers shall be nominated by the Government after consultation with registered trade unions and employers’ organizations to be notified in the Official Gazette.