The National Industrial Relations Commission (NIRC) deals with industrial disputes and unfair labor practices in Pakistan. It was established in 1972 and is responsible for implementing International Labor Organization conventions. It registers trade unions, determines collective bargaining agents, and adjudicates disputes. The NIRC has the power to prosecute offenses and delegate authority to investigate cases. It can seize cases from labor courts and make final decisions. Trade unions bring issues like unfair termination, discrimination, and wage disputes to the NIRC. The NIRC sends monthly reports to the high court and several sections of Pakistani law are related to its functions.

1. SAEED AHMED 10603
TARIQ MEHMOOD 56908
MUBEEN 60016
RAMISH TANVIR 59493
MEHWISH IQBAL 59578
PRESENTERS

2. Tariq Mehmood
MS – HRM
SID – 56908
Email:
shadowsofursoul@gmail.com
tariqmehmooda30s@gmail.com
LinkedIn Profile:
https://www.linkedin.com/in/tariq-
mehmood-87530840/

3. MOHTASIB & NIRC
KARACHI SIND

4. Name of presentation
Company name

5. Created on 1st December 1971 under Section 99
5
4
3
2
1
IRO 2002
IRA 2008
IR0 2011
IRA 2012 Section 53
BACKGROUND OF NIRC

6. 1 2 3 4
INTRODUCTION
Relation
between
employers
and Employee
NIRC deals
with the unfair
labor practices
Resolution of industrial
disputes.
Registration of Trans-
provisional trade union.
federation and
determination of
Collective
Bargaining Agents.
1-controlled by ministry overseas federal board.
2-Became Member of ILO in 2012.
3-Responsible to implement ILO.

7. HEADSHIP
• Retired or serving judge of the Supreme Court.
• District & Session Judges.
• Federal Government Officers.
• Registrar of the NIRC.

8. NIRC consisting of a
• CHAIRMAN 1
• Member 2
• Member 3
• Member 4
• Member 5
• Member 6
• Member 7
• Member 8
MEMBERS

9. FUNCTIONS
Adjudication of Disputes
To adjudicate and determine an industrial dispute that is of
national importance referred by the federal government.

10. FUNCTIONS
Registration of Trade Unions
Register industry-wise trade unions.

11. FUNCTIONS
Determination of CBA
To determine the collective bargaining agents on national basis.

12. FUNCTIONS
Advisory Services and Worker Education
To advice Government, industry-wise trade unions and
federations in respect to the education.

13. FUNCTIONS
Promotion of Unionism
To promote healthy trade unionism whether in establishments
within a Province or in more than one Province and federations
of such trade unions.

14. FUNCTIONS
Facility Center
To facilitate the formation of federations at the national level.

15. FUNCTIONS
Unfair Labor Practices and its Prevention
To deal with cases of unfair labor practices specified in sections 63
and 64 on the part of employers, workmen, collective bargaining
agents

16. FUNCTIONS
Offences
• Section 65, other than sub-sections (1) and (5) thereof; and
• Any other provisions, in so far as they relate to employers or
workers in relation to an industry-wise trade union,
• The commission shall have power to punish any person who
obstructs its processes or disobeys its orders and directions.

17. FUNCTIONS
Prosecution
The commission may initiate prosecution, trial, actions.

18. FUNCTIONS
Authority Delegation
The commission for the purpose of an investigation or inquiry may
authorize its chairman or any member to enter any building, factory
etc. and inspect, interrogate and report.

19. FUNCTIONS
Withdraw from a Labor Court
Any application, proceedings or appeal relating to unfair labor
practice

20. FUNCTIONS
Seizure Of Cases:
• Proceed directly with the case.
• Ask the Registrar
• Refer the case to the Labor Court

21. POWERS OF COMMISSION
Assigned Powers
To exercise other powers and functions.
Power to Make Regulations
procedure and the performance of its functions as it may deem
fit.

22. POWERS OF COMMISSION
Power to Demand Reports
Labor Court to whom the case is referred under clause (c) of
sub-section (6) shall enquire into it and, if the case was referred
to it for report, forward its report thereon to the Commission.

23. POWERS OF COMMISSION
Formation of Benches
The chairman of the commission shall form various benches of
the commission on the behalf of the commission.

24. POWERS OF COMMISSION
General Powers
• Save as provided in sub-sections (6) and (7),
• jurisdiction of a Labor Court does not entertain cases of unfair
labor practices individually
• “Labor Court, shall not take any action which is being dealt
with by the Commission.”

25. POWERS OF COMMISSION
Finality of Order
The order passed , decision, judgment or sentence passed by the
Commission shall be final.

26. LEVELS OF REGISTRATION
Unions including collective bargaining agents registered either at the
national level with NIRC or provincial labor departments
Provincial Labor Departments and NIRC do not tend to
update their records, when unions submit their Annual Returns and
the genuine reported rise in the membership.

27. JUDICIARY WORK.
• It includes work regarding unfair
labor practices and industrial
disputes..
ADMINISTRATIVE WORK.
• It includes work regarding election
referendum, union registration
and conciliation.
WORK

28. NUMBERS OF UNIONS (2016)
• As of December 2016 there are 7,096 out of which 1,390 were
collective bargaining agents. The total membership of unionized
workforce was 1,414,160.
• The 350,196 unionized workforces at the national level
registered with NIRC on trans-provincial basis

29. COMPLAINT REGISTRATION
HOW TO FILE A CASE IN NIRC
• Party must create a complaint petition.
• Complainants must be cited and signed under oath.
• Petition brought to the labor arbiters.

30. SETTLEMENT OF DISPUTE
NEGOTIATIONS AND DISPUTES
If at any time, an employer or a collective bargaining agent finds that
an industrial dispute has arisen or is likely to arise, the employer or
the collective bargaining agent, may communicate his or its views in
writing either to the Council or to the other party and if the views are
communicated to the Council, a copy of the views shall also be sent
to the other party.

31. SETTLEMENT OF DISPUTE
On receipt of the communication under sub-section (1), the Council or
the party receiving it, shall try to settle the dispute by bilateral
negotiations within ten days of receipt of the communication or within
such further period as may be agreed upon by the parties and, if the
parties reach a settlement, a memorandum of settlement shall be
recorded in writing and signed by both the parties and a copy thereof
shall be forwarded to the conciliator and the authorities mentioned in
clause (xxvii) of section 2.

32. SETTLEMENT OF DISPUTE
Where a settlement is not reached between the employer and the
collective bargaining agent or, if the views of the employer or collective
bargaining agent have been communicated under sub-section (1) to the
Council, there is a failure of bilateral negotiations in the Council, the
employer or the collective bargaining agent may, within seven days from
the end of the period referred to in sub-section (2), serve on the other
party to the dispute a notice of lock-out or strike in accordance with the
provisions of this Act.

33. SETTLEMENT OF DISPUTE
NOTICE OF STRIKE OR LOCK-OUT
The period of a notice of lock-out or strike given under sub-section (3) of
section 35 shall be fourteen days.
CONCILIATION AFTER STRIKE OR LOCK-OUT
Where a party to an industrial dispute serves a notice of strike or lock-
out under section 34, it shall, simultaneously, with the service of such
notice, deliver a copy thereof to the conciliator who shall proceed to
conciliate in the dispute and also forward a copy of the notice to
the Labor Court.

34. SETTLEMENT OF DISPUTE
PROCEEDINGS BEFORE CONCILIATOR
The conciliator shall call a meeting of the parties for settlement.
The parties to the dispute shall be represented before the conciliator
The presence of the employer or any office-bearer of the trade union
connected with the dispute is necessary in a meeting.

35. SETTLEMENT OF DISPUTE
The dispute such concessions or modifications in its demand as are in
the opinion of the conciliator likely to promote an amicable settlement .
The conciliator shall send a report thereof to the Government together
with a memorandum of settlement signed by the parties to the dispute.
If no settlement is arrived at within the period of the notice of strike or
lock-out, the conciliation proceedings may be continued for such
further period as may be agreed upon by the parties.

36. SETTLEMENT OF DISPUTE
ARBITRATION
conciliation fails,shall try to persuade the parties to agree.
Once parties agree to refer the dispute to an Arbitrator.
The Arbitrator is a person borne on a panel to be maintained by the
Government.

37. SETTLEMENT OF DISPUTE
The Arbitrator shall give his award within a period of thirty days.
After made an award, the Arbitrator shall forward a copy thereof to the
parties and to the Government
The award of the Arbitrator shall be final and no appeal shall lie
against it and valid up to 2 years.

38. SETTLEMENT OF DISPUTE
STRIKE AND LOCK-OUT
If no settlement is arrived at during the course of conciliation case
refer it to an Arbitrator under section 40, the workmen may go on
strike, the employer may declare a lock-out under section 37.
The party raising a dispute may, at any time, either before or after the
commencement of a strike or lock-out make an application to
the Labor Court for adjudication of the dispute.

39. SETTLEMENT OF DISPUTE
Where a strike or lock-out lasts for more than thirty days, the
Government may, by order in writing, prohibit the strike or lock-out.
The Government may, by order in writing, prohibit a strike or lock-
out at any time before the expiry of thirty days
In any case in which the Government prohibits a strike or lock-out, it
shall forthwith refer the dispute to the Labor Court.

40. SETTLEMENT OF DISPUTE
The Labor Court shall, after giving both the parties to the dispute
within 30 days.
To make an interim award on any matter in dispute.
Any delay by the Labor Court in making an award shall not affect the
validity.
Award of the Labor Court shall be for a specified period , which shall
not be more than two years.

41. ISSUES BRING BY UNIONS & CBA
JURISDICTION
 Unfair labor practice cases
 Employment Discrimination
 Trade Union Rights (Freedom of Association)
 Termination disputes.
 Employee issues like wages, rates of pay, working hours etc…

42. ISSUES BRING BY UNIONS & CBA
 Claims for actual, moral, exemplary and other forms of damages arising from
employer-employee relations
 Cases arising from violation of Art. 264 of the Labor Code, which states that:
 Employer can not declare a strike or lockout bargained collectively.
 No person may impede or interfere with a peaceful strike.
 No employer may use or employ a strike-breaker.
 No person engaged in picketing may engage in any violence.

43. ISSUES BRING BY UNIONS & CBA
 Wage distortion disputes in unorganized establishments.
 Enforcement of compromise.
 Money claims arising out of employer-employee relationship.
 Many more issues will be taken on a case to case basis, as
provided by the law.

44. REPORTS
NIRC is liable to send report on monthly basis to
high court.

45. RELATED SECTIONS
SECTION 1 OF THE CHARTER
Section 1 of the Charter says that Charter rights can be limited by
law.
SECTION 2
freedom of thought, belief, opinion and expression, including
freedom of the press and other media of communication.

46. SECTIONS RELATED
SECTION 5
RELATED TO REGISTRATION
A person is detained in pursuance of an order made under any law
providing for preventive detention, the authority making the order
shall, [11][within fifteen days] from such detention.

47. SECTIONS RELATED
SECTION 19
RELATED TO ELECTION PROCEEDINGS
Every citizen shall have the right to freedom of speech and expression, and
there shall be freedom of the press, subject to any reasonable restrictions
imposed by law in the interest of the glory of Islam or the integrity, security
or defense of Pakistan or any part thereof, friendly relations with foreign
States, public order, decency or morality, or in relation to contempt of court,
[15] [commission of] or incitement to an offence.

48. SECTIONS RELATED
SECTION 30 – RELATED TO UNFAIR LABOR PRACTICE
Section 30 – related to unfair labor practice
SECTION 31 – RELATED TO UNFAIR LABOR PRACTICE
Section 31 – related to unfair labor practice
SECTION 54 – RELATED TO RIGHTS OF LABOR
Section 54 – related to rights of labor

49. SECTIONS RELATED
SECTION 57 – RELATED TO POWER OF NIRC
Section 57 – related to power of NIRC
SECTION 58 – RELATED TO APPEAL
Section 58 – related to appeal

50. REGISTRATION OF TRADE UNION
1. Appointment of Registrar
2. Mode of Registration
3. Rights and Duties of Registrar
4. Legal Status of Registered Trade Union

51. REGISTRATION OF TRADE UNION
APPOINTMENT OF REGISTRAR
Section 3 of the Trade Union Act, 1926 empowers the
appropriate Government to appoint a person to be registrar of Trade
Unions

52. REGISTRATION OF TRADE UNION
MODE OF REGISTRATION
Any seven or more persons who want to form trade union, can apply
for its registration to the Registration of Trade Unions under Section
4 (1) of the Trade Unions Act, 1926. These applicants must be
members of a trade union.

53. REGISTRATION OF TRADE UNION
Requirements for Registration of Trade Union
According to section 4 of the Act, may make an application apply for
registration of the trade union.
1-No trade union of workmen shall be registered unless at least 10%
or 100 of the workmen.
2-No trade union shall be registered unless on application date.

54. REGISTRATION OF TRADE UNION
Application for Registration
 The names, occupations and addresses of the members making the
application;
 The name of the trade union and the address of its head office.
 The titles, names, ages, addresses and occupations of the office-
bearers.
 copy of the assets and liabilities also be submitted along with the
application.

55. REGISTRATION OF TRADE UNION
Rules of a Trade Union
a) Name of the trade union
b) The whole of the objects for which the trade union has been
established.
c) General funds of a trade union shall be applicable.

56. REGISTRATION OF TRADE UNION
The maintenance of a list of the members of the trade union and
adequate facilities for the inspection thereof by the office-bearers and
members of trade union.
The payment of a subscription by members of the trade union which
shall be not less than 25 naya paise per month per member.
The manner in which rules will be amended varied and/or
rescinded.

57. REGISTRATION OF TRADE UNION
The manner in which the members of the executive and the other
office-bearers of the trade union shall be appointed and removed.
The manner in which the funds of the trade union shall be kept and
audited and inspection of the books of accounts by the office bearers
and members of the trade union be made.
The conditions under which any member shall be entitled to have
benefits under the rules and under which fine or forfeiture shall be
imposed on the members; and The manner in which the trade union
shall be dissolved.

58. REGISTRATION OF TRADE UNION
RIGHTS AND DUTIES OF REGISTRAR
1-Enquiries on receipt of an application for registration
2-Trade Unions in matters of registration.
3-Register the trade union by entering in a register.
4-The refusal for registration if not satisfied.

59. REGISTRATION OF TRADE UNION
LEGAL STATUS OF REGISTERED TRADE UNION
1-A trade union assumes to a corporate body.
2-A trade union shall have perpetual succession and its common seal.
3-power to contract and to hold property both moveable and immoveable.
4- A trade union can sue and be sued by the name in which it is registered.

60. ISSUES
LACK OF STAFF
There is lacking of staff in NIRC office as deputy registrar told us
that he sometimes have to perform administrative work as well.
NO POST OF INSPECTOR
Since ILO is in work from 1991 but still it does not given the post of
inspector to anyone.

61. CONSEQUENCES
• As many of the Government officials own sugar mills and many other industries
so if they stricken the International Labor Organization (ILO) policies they would
also come under problem as 90% of the companies do not follow International
Labor Organization (ILO).
• On the other hand, if International Labor Organization (ILO) implementation will
imposed strictly then the company would lose much of the business as industries
that have too much money clearly says no to International Labor Organization
(ILO) when they are asked to implement, they threatens that they will shut down
the company and will move to some other country for business.

62. RECOMMENDATIONS
ARRANGE SESSIONS FOR LABORS TO AWARE
Sessions should be arranged from International Labor Organization (ILO) in
order to deliver knowledge to employees about their rights and how to fight
for their rights.
IMPOSE FINES FOR PROPER IMPLEMENTATION
Heavy fines should be imposed on the industries violating International
Labor Organization (ILO) in order to set an example for every company
which will make them compulsory to impose International Labor Organization
(ILO) whether they want to or not.

64. Do you have
any questions?