According to the International Labour Organisation (ILO), Labour inspection is an essential part of a labour administrative system. It exercises the fundamental function of labour law enforcement and effective compliance, ensuring fairness at workplace and promoting economic productivity.

In Pakistan, the strength of labour force is recorded at 65 million, with almost 40 million in the Punjab alone. The recent government notification stopping labour inspections in the Punjab has put the lives and rights of these workers at stake. The Pakistan Muslim League (PML-N) government had reinstated labour inspections in 2012. Previously, Chaudhry Pervaiz Elahi had abolished the policy during his tenure.

The stated motivation behind this step is to boost business activity across the province and encourage investment. While the new order does oblige industrial units to submit third party assessment reports, experts on labour policy and labour unions say such steps violate not only ILO and European Union (EU) laws but also Pakistan’s own Factories Act 1934.

Pakistan Industrial and Traders’ Association Front (PIAF) chairman and former provincial labour minister, Mian Nauman Kabir, tells TNS that abolition of labour inspections has been a longstanding demand of industrialists. According to Kabir, "The business community has many complaints against the Labour Department which has massive resources. It has turned into a white elephant and a source of exploitation. Unfortunately, there is no standard procedure for labour inspections. Labour inspectors have tremendous authority and have become exploiters."

Labour Education Foundation Director Khalid Mehmood says the recent notification smacks of a colonial and dictatorial mindset. "The Punjab government wants to facilitate businessmen at the cost of workers’ fundamental rights. Abolishing labour inspections through a notification is a ‘constitutional violation’ which risks the health and safety of workers."

According to the Labour Force survey, which records various discrepancies in 2018, there were approximately 4 million child labourers. The gender wage gap remains 40 percent, while female participation is 20 percent. On average, every 25^th worker faces occupational injury. The number of workers trapped in modern forms of slavery has increased to 3.19 million and an astounding 86 percent of the labour force works without a contract.

"The existing conditions of labour rights, health and safety in industries demand an efficient labour inspection mechanism. Ironically, the state is withdrawing from ensuring compliance with labour laws and allowing factory owners to manipulate workers," says Mehmood.

According to the ILO, the institution of labour inspection has a twofold nature. One, it supervises the enforcement of legal provisions, particularly with regard to workers’ rights. Two, labour inspections provide information and advice, as well as training.

Additionally, the ILO convention C144 makes tripartite consultations mandatory with respect to labour legislation and governance. "Contrary to the spirit of the convention, the Punjab government has unilaterally taken the decision without consulting the stakeholders", says Muhammad Naeem Chaudhry of the Labour Department.

Most importantly, the order creates a grey area surrounding The Factories Act articles, 11-33. Article 11 of the act ensures employees’ rights through labour inspections. Inspectors not only conduct inspections, but also investigate complaints made by labourers. They can order factory owners to comply with laws. Articles 13-33 are focused on the health and safety of employees. Some of the health and safety measures include precautions against contagious or infectious diseases; compulsory vaccinations; precautionary measures in case of fire; hoists and lifts; protection of eyes; explosive or inflammable dust; precautions against dangerous fumes etc. If there is no inspection, how can the government ensure well-being of labourers?

During Chaudhry Pervez Elahi’s tenure, several international businesses cancelled their orders because of the abolition of labour inspections. It is, clear that companies based in the EU will create serious problems for our local industry on this account. The EU has given Pakistan a GSP-Plus Status in 2013.

The GSP-Plus Status is a unilateral trade preference scheme by the EU which allows Pakistan to export more than 6,000 tariff lines, including textiles and clothing without paying any duty to the European Union.

Chaudhry says, "The core labour standards, which must be protected to retain the GSP-Plus status, include the right to freedom of association and collective bargaining; elimination of all forms of forced or compulsory labour; effective abolition of child labour; and the elimination of discrimination in respect of employment and occupation."

Mian Nauman argues that such decisions should not have been made without consulting all stakeholders. He suggests, "There are two ways to ensure sound labour policies -- first, to introduce and maintain an efficient and foolproof inspection mechanism and second to establish tripartite committees consisting of labour department representatives, workers’ unions, and factory’ owners."