The Industrial Relations Act, 2012

INDUSTRIAL RELATIONS ACT, 2012 Act No. X of 2012 [14th March, 2012] 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 WHEREAS, the Constitution of the Islamic Republic of Pakistan recognizes the freedom of association as a fundamental right of the citizens; AND WHEREAS the Islamic Republic of Pakistan has ratified ILO Convention No.87 on Freedom of Association and Convention No.98 on Right to Organize and Collective Bargaining; AND WHEREAS it is expedient to consolidate and rationalize the law in Islamabad Capital Territory and at trans-provincial level, relating to formation of trade unions and federations or 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; It is hereby enacted as follows:--

• Schedule: The First Schedule -- Public Utility Services [See Section 2(xxv)]
• Schedule: The Second Schedule -- Rights and Duties of Employers and Workers [See Section 91]

I — PRELIMINARY

• Section 1: Short title, extent, application and commencement
• Section 2: Definitions

II — REGISTRATION OF TRADE UNIONS

• Section 3: Trade unions and freedom of association
• Section 4: Registrar of trade unions
• Section 5: Powers and functions of Registrar
• Section 6: Application for registration
• Section 7: Requirements for application
• Section 8: Requirements for registration
• Section 9: Registration
• Section 10: Certificate of registration
• Section 11: Cancellation of registration
• Section 12: Appeal against the order/decisions etc. of Registrar
• Section 13: Incorporation of registered trade union
• Section 14: Registration of federation of trade unions
• Section 15: Registered trade union to maintain register, etc.
• Section 16: Returns
• Section 17: Transfer, etc., of officer of trade union during pendency of application for registration
• Section 18: Disqualification for being an officer or a member of a trade union

III — COLLECTIVE BARGAINING AGENT

• Section 19: Collective bargaining agent
• Section 20: Functions of the Collective Bargaining Agent
• Section 21: Performance of functions pending ascertainment of collective bargaining agent
• Section 22: Check off

IV — WORKERS PARTICIPATION

• Section 23: Shop steward
• Section 24: Functions of Shop Steward
• Section 25: Works Council
• Section 26: Functions of Works Council
• Section 27: Workers' Participation in Management
• Section 28: Joint Management Board
• Section 29: Inspector
• Section 30: Functions of the Inspector

IX — PENALTIES AND PROCEDURES

• Section 67: Penalty for unfair labour practices
• Section 68: Penalty for committing breach of settlement
• Section 69: Penalty for failing to implement settlement, etc.
• Section 70: Penalty for false statement, etc.
• Section 71: Penalty for discharging officer of trade union in certain circumstances, etc.
• Section 72: Penalty for embezzlement or misappropriation of funds
• Section 73: Penalty for obstructing inspector
• Section 74: Penalty for contravening Section 27 or Section 28, etc.
• Section 75: Penalty for other offences
• Section 76: Offences to be non-cognisable
• Section 77: Offences by corporation
• Section 78: Trial of offences
• Section 79: Indemnity

V — UNFAIR LABOUR PRACTICES

• Section 31: Unfair labour practices on the part of employers
• Section 32: Unfair labour practices on the part of a workmen

VI — SETTLEMENT OF DISPUTES

• Section 33: Redress of individual grievances
• Section 34: Raising of industrial disputes
• Section 35: Negotiations relating to differences and disputes
• Section 36: Conciliator
• Section 37: Conciliation after notice of strike or lock-out
• Section 38: Proceedings before Conciliator
• Section 39: Commencement and conclusion of proceedings
• Section 40: Arbitration

VII — STRIKES AND LOCK-OUT

• Section 41: Notice of strike or lock-out
• Section 42: Strike and lock-out
• Section 43: Illegal strikes and lock-out
• Section 44: Procedure in cases of illegal strikes or lock-out
• Section 45: Strike or lock-out in public utility services
• Section 46: Prohibition of serving notice of strike or lock-out while proceedings pending
• Section 47: Removal of fixed assets
• Section 48: Protection of certain persons

VII-2 — AWARDS AND SETTLEMENTS

• Section 49: Settlements and awards on whom binding
• Section 50: Effective date of settlement, award, etc.
• Section 51: Interpretation of settlement and awards
• Section 52: Recovery of money due from an employer under settlement or award

VIII — NATIONAL INDUSTRIAL RELATIONS COMMISSION

• Section 53: National Industrial Relations Commission
• Section 54: Functions of the Commission
• Section 55: Benches of the Commission, etc.
• Section 56: Resolution of difference of opinion
• Section 57: Additional powers of the Commission
• Section 58: Appeals
• Section 59: Finality of order
• Section 60: Enforcement of guaranteed rights
• Section 61: Powers of the Commission to prohibit strike, etc.
• Section 62: Determination, etc., of collective bargaining unit
• Section 63: Certain matters to be kept confidential
• Section 64: Conditions of service to remain unchanged while proceedings pending
• Section 65: Representation of parties
• Section 66: Power to make regulations

X — SUPPLEMENTAL

• Section 80: Conformity with Ratified International Conventions
• Section 81: Law of conspiracy limited in application
• Section 82: Immunity from civil suit in certain cases
• Section 83: Enforceability of agreement
• Section 84: Registrar, etc., to be public servants
• Section 85: Limitation
• Section 86: Power to make rules
• Section 87: Act to override other laws
• Section 88: Repeal and savings
• Section 89: Former registration offices, officers, etc., to continue
• Section 90: Removal of difficulties
• Section 91: Rights and duties of employers and workers