Vous êtes sur la page 1sur 11

Assignment Topic:

Labor Laws in Pakistan

Subject:

Human Resource Management

Submitted To: Nadeem Ahmed

Date:

17 Oct.2016

Class:

M.com 1st semester

Submitted By:

Unsa Arshad
Contents

Introduction to International Labor Standards. ............................................................


Labour Laws in
Pakistan...................................................................................................
History.............................................................................................................................
.
Constitution of Labor Law................................................................................................
Labour
Legislation.......................................................................................................................
.
Contract of
Employment .............................................................................................................
Expiration of the
Contract:...........................................................................................................
o Working
hours...................................................................................
o Paid
Leave..........................................................................................
o Maternity Leave and Maternity
Protection.......................................
o Other Leave
Entitlements..................................................................
Minimum Age and Protection of Young
Workers........................................................................
Equality...........................................................................................................................
.............
Pay
Issues..............................................................................................................................
.......
Freedom of
association................................................................................................................
Registration of trade
unions.........................................................................................................
Collective Bargaining and
Agreements.........................................................................................
Collective Labour
Disputes:..........................................................................................................
o Commencement of a
dispute.............................................................
o Conciliation...................................................................................
.....
o Arbitration.....................................................................................
....
Strikes and Lock-
outs:...................................................................................................................
o Proceedings of strikes and lock-
outs..................................................
o Illegal strikes and lock-
outs................................................................
o Settlement of Individual Labor
Disputes..........................................
o Labor
Courts.....................................................................................
Organizations in which Labor Laws are Practices............................................................
Facilities for Disabled
Person:............................................................................................
o Definition of Disability in
Law.............................................................
o Special requirements to get benefits provided by the
Government..
o Welfares for disabled persons to work in the public
sector...............

Who is a Child & Child


Labor..................................................................................................
Categories of
work.............................................................................................................
Referances......................................................................................................................
....

Introduction to International Labor Standards

"The rules of the global economy should be aimed at improving the rights, livelihoods, security, and
opportunities of people, families and communities around the world." - World Commission on the Social
Dimension of Globalization, 2004 (Note 1)
The International Labor Organization has kept and formulated a system of international labor
standards aims to create chances for women and men to obtain decent and productive work, in
conditions of freedom, equity, protection and self respect. In today's globalized economy, international
labor standards are an necessary component in the international model for seeing that the growth of the
global economy renders benefits to all.

Note 1 - ILO: A Fair Globalization: Creating opportunities for all, Report of the World Commission on the
Social Dimension of Globalization (Geneva, 2004), p. 143.

Labor Laws in Pakistan

History:.

Since Pakistan introduced, Pakistans Government declared five labor policies for the
development, security of workers rights and settlement of industrial qarrels. These policies
are introduced in 1955, 1959, 1969, 1972 and 2002.

In 2002 labor policy has been creates many number of changes in the labor policy. In this
setting the Prime Minister of Pakistan stressed the need to address the labor problems and
ordered the lifting of ban on trade unionism. In prosecution of Prime Ministers directions a
new Labor Policy of the Government is introduction.

In 1972 a new Labor Policy was introduced by Shaheed Zulfiqar Ali Bhutto, which
regenerated the labor laws and set out new benchmarks admitting ne administrative
infrastructure to deal the workers welfare, increase the workers share in companys
earning, workers participation in factory management. Established Works Councils for
dispute settlement of workers and also establishment of Workers Children Education CASs,
Workers Welfare Fund, Increased profit-sharing, bonus, group insurance scheme, group
incentive scheme etc. were granted.

In 2010 , Pakistan Government adopted the world-wide principles of equality and social
justice as we say the constitutional and universal rights of workers.

Reference : Labor Policy 2010

Constitution of Labor Law

The Constitution of Pakistan contains a range of provisions with regards to labor rights found in Part II:
Fundamental Rights and Principles of Policy.

Article 11 of the Constitution prohibits all forms of slavery, forced labor and child labor;

Article 17 provides for a fundamental right to exercise the freedom of association and the right to form
unions;

Article 18 proscribes the right of its citizens to enter upon any lawful profession or occupation and to
conduct any lawful trade or business;

Article 37(e) makes provision for securing just and humane conditions of work, ensuring that children
and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for
women in employee

Labor Legations:

Pakistani labor laws draw their origination to legislation transmitted from India at the time of
distribution of the Indo-Pak subcontinent. The laws have developed through a continuous
procedure of test to meet the socio-economic terms, land of industrial development, population
and labor force explosion, development of trade unions, degree of skills, Governments
commitment to growth and social benefit. To fulfill the above named targets, the government of
the Islamic Republic of Pakistan has brought in a number of labor policies, since its independence
to mirror the changes in governance from martial law to democratic governance.

Under the formation labor is regarded as a concurrent subject, which means that it is the duty of
both the Federal and Provincial Governments. However, for the sake of uniformity, laws are
enacted by the Federal Government, specifying that Provincial Governments may make rules and
regulations of their own according to the conditions dominating in or for the particular needs of
the Provinces. The total labor force of Pakistan is made up of about 37.15 million people, with 47%
within the agriculture sector, 10.50% in the manufacturing & mining sector and left 42.50% in
several other professions.

Contract of employment
When Article 18 of the Constitution gives every citizen with the right to enter on any lawful
profession or occupation, and to carry on any lawful trade or business. The Ordinance uses to all
industrial and commercial firms during the country employing 20 or more workers and supplies for
protection of employment.

Expiration of the Contract

The services of a regular worker cannot be terminated for any cause other than misbehave unless
one months notice or wages in lieu thereof has been provided by the employer or by the worker if
he or she so prefers to leave his or her service.

*working hour

Under the Factories Act, 1934 no adult employee, fixed as a worker who has finished his or her
18th year of age, can be needed or allowed to work in any firm in excess of nine hours a day and
48 hours a week. Similarly, no young person, under the age of 18, can be needed or allowed to
work in excess of seven hours a day and 42 hours a week.
* Paid Leave
As provided in the Factories Act, 1934, every worker who has finished a period of twelve months
continuous service in a factory shall be granted, throughout the subsequent period of twelve
months, holidays for a period of fourteen straight days. If a worker fails in any one such period of
twelve months to take the whole of the holidays granted to him or her, any holidays not taken by
him or her shall be lent to the holidays allowed to him or her in the next period of twelve months.

* Maternity Leave and Maternity Protection

The Maternity Benefit Ordinance, 1958 specifies that upon the wind up of four months
employment or pass period, a worker may have up to six weeks prenatal and postnatal leave
during which she is paid a salary made on the basis of her last pay.

*Other Leav Entitlements


In addition to the 14 days of annual leave with salary, the Factories Act, 1934 granted that every
worker is entitled to 10 days casual leave with full salary and promote 16 days sick or medical
leave on half salary.

Minimum Age and Protectio of Young Workers:

Article 11(3) of Pakistans Constitution expressly forbids the employment of children under the
age of 14 years in any firm. In addition, the Constitution makes it Rule of Policy of the State of
Pakistan to defend the child, to withdraw illiteracy and grant free and neccessary education.

Equality

Article 38 of the Constitution adds the States duties directed at reaching equality in the form of
protecting the well-being of the people, regardless of sex, caste, creed or race, by increasing their
standard of living, by checking just modification of rights between employers and employees, and
landlords and tenants.

Pay Issues

Wages are interpreted as the total pay payable to an employed person on the complition of his or
her contract of employment. It admits bonuses, but omits the value of accommodations i.e.,
supply of light, water, medical attendance or other comforts omitted by the Provincial
Government; the employers contribution to a pension or provident fund, traveling allowance or
concession or other special expenses meant by the nature of his or her employment; and any
gratuity payable on fire.

Freedom of association

The right to association is guaranteed by Article 17 of the Pakistani Constitution giving to every
citizen the right to build associations or unions, subject to any reasonable limitations applied by
law in the interest of reign or unity of Pakistan, public order or morals.
Registration of trade unions:

Registration of a trade union is to be built under the Industrial Relations Ordinance. Workers
trade unions are registered with the Registrar Trade Unions in the Province, and if the industry or
firm is countrywide with the National Industrial Relations Commission, after meeting a number of
needs, listed in Article 6 of the IRO 2002.

Collective Bargaining and Agreements:

To fix the spokesperson of the trade union in industrial fights and to obtain spokesperson on
committees, boards and commissions, the Industrial Relations Ordinance makes provision for the
appointment of a Collective Bargaining Agent (CBA).

Collective Labour Disputes:

* Commencement of a dispute:

Under the IRO 2002, if an employer or a Collective Bargaining Agent feels that an industrial fight
has grown, they may convey their opinions in writing to the other party. Upon receipt of the
communication, the other party has 15 days (or more if agreed) to try and settle the fight by two-
sided talkses.

*Conciliation

If the parties do not deal to attain a settlement, the employer or the CBA may, within 15 further
days, do a notice of conciliation on the other party, with a copy to the Conciliator and to the
Labour Court.

* Arbitration

If the conciliation fails, the Conciliator tries to carry the parties to refer their fight to an arbitrator.
If they match, the parties make a join petition in writing to the arbitrator they have agreed upon.

Strikes and Lock-outs:

* Proceedings of strikes and lock-outs

If fight liquidation proceedings before the Conciliator fail and no liquidation is reached, and if the
parties have not agreed to refer their fight to an arbitrator, the workers hold the right under
section 31 of the Industrial Relations Ordinance 2002, to go on strike rendering due notice to their
employer within 7 days, and the employer has the right announce a lock-out after the stay of
notice of conciliation has expired.

* Illegal strikes and lock-outs

In case of an illegal strike or lockout, an Officer from the Labour Department may establish a
report to the Labor Court, and require the employer or CBA or the registered trade union related,
to appear before the Court. The Court may, within 10 days, say the strike or lockout to be ended.
*Settlement of Individual Labor Disputes:

Consistent to Article 46 of the IRO 2002, a worker may add his or her grievance in respect of any
right ensured or secured by or under any law or any grant to the notice of the employer in writing,
through the shop steward or Collective Bargaining Agent, within 1 month of the day on which
case of such grievance arises. The IRO 2002 decrease the stay from 3 months to 1 month.

*Labor Courts

Section 33 of the Industrial Relations Ordinance, 2002 allows any CBA or any employer to practice
to the Labor Court for the enforcement of any right ensured or secured by law or any grant. The
Provincial Government gains its authority to develop as many Labor Courts as it believes
compulsory under section 44 of the Ordinance. Every Labor Court is subject to jurisdictional
restrictions gained by its geographical parameters or with respect to the firm or the grades of
events allocated. Each Labor Court lies of 1 Presiding Officer appointed by the Provincial
Government.

Reference : Labor Unity

http://www.labourunity.org/labourlaws.htm

Organizations in which Labor Laws are Practices

Following are the some organizations in which labor laws are practiced in Pakistan:

Pakistan Tobacco Company


Pakistan Railway
Pakistan Steel Mill Industry
Fan Industries in Pakistan
Auto-Mobile Industries
Motorbikes Industries
Engross Corporation Pakistan
Pharmaceuticals Companies in Pakistan
Textile Mills in Pakistan
Facilities for Disabled Person
Definition of Disability in Law:
In accordance with the law, a disabled person is the one " who on account of injury, disease or congenital
deformity, is handicapped for undertaking any gainful or professional employment in order to earn his
livelihood, and it includes a person who is

Deaf

Blind

Physically handicapped or

Mentally retarded
In the context of employment, a more clear definition of disability is provided in the ILO Convention,
ratified by Pakistan in 1994. To this convention, disabled person means "an individual whose prospects of
securing; retaining and advancing in suitable employment are substantially reduced as a result of a duly
recognized physical or mental impairment".

Special requirements to get benefits provided by the Government:

In order to get these facilities, you must first get the following documents.

Employment exchange card (You can get it after getting yourself registered with Employment
Exchange Office, available in Sindh only) or

Disability certificate (provided by district assessment board in all provinces)

Special Computerized National Identity Card for disabled (also available in all provinces)
Welfares for disabled persons to work in the public sector:

In accordance with above-named provision of law, every institution has to employ at least 2% of total
employees from the disabled persons. There is also age rest of 10 years for sign appointment to posts in
BPS 1-15, even so for civil posts only. As for the competitive exams and central superior service of the
country, the table under shows the groups open for disabled persons.

Acceptable Type of Disability Group


Commerce & Trade Group
Pakistan Audit and Accounts Group
Information Group
Physical, visual and hearing Postal Services Group
Information Department
All types of disabilities Postal Services Department

Reference : Paycheck Pakistan

http://www.paycheck.pk/main/labour-laws/employing-disabled-person

Who is a Child & Child Labor

Pakistani law defines a child as anyone under 15 years of age, and the Constitution forbids employing
children in factories, mines or any risky occupation. The legal age for working is 14, though a minimum of
15 is enforced for railways and mines. The 1991 Employment of Children Act outlines protective
measures and restrictions on the employment of minors.

(For example, children cannot work extra time or in industries risky to their health, such as pyrotechnic
manufacturing.) Pakistan signed the U.N. Rights of the Child and an International Labor Organization rule
on minimum ages in industry. However, the Department of Labor approximates that anywhere between 2
million and 19 million children work illegally in Pakistan.
Read more:
List of businesses and categories of work:

Work with power driven cutting machinery like saws, shears, and guillotines, (Thrashers, fodder
cutting machines, also marbles)

Work with live electrical wires over 50V.

All operation related to leather tanning process e.g. soaking, dismissal, liming chrome tanning,
declaiming, pickling deflating, and ink application.

Mixing or application or pesticides insecticide/fumigation.

Sandblasting and other work involving exposure to free silica.

Work with exposure to all toxic, explosive and carcinogenic chemicals heavy metals like nickel,
mercury chromium, lead, arsenic, beryllium, fiber glass.

Work with exposure to cement dust (cement industry)

Work with exposure to coal dust

Manufacture and sale of fireworks explosives

Work at the sites where Liquid Petroleum Gas (LPG) and Compressed Natural Gas (CNG) are
filled in cylinders.

Work on glass and metal furnaces

Work in the clothe printing, dyeing and finishing sections

Work inside sewer pipelines, pits, storage tanks

Stone crushing

Lifting and carrying of heavy weight specially in transport industry (15b kg and above)

Work between 10 pm to 8 am (Hotel Industry)

Carpet waving

Working 2 meter above the floor

All scavenging including hospital waste

Tobacco process (including Nisswar) and Manufacturing


Deep fishing (commercial fishing/ sea food and fish processing Sheep casing and wool industry)

Ship breaking

Surgical instrument manufacturing specially in vendors workshop


Bangles glass, furnaces

Child Labor in Rag Picking Business

A report took by the Sustainable Development Policy Institute (SDPI) on Rag Pickers/scavenger in 2003
exposes that there are about 89,500-106,500 children employed in scavenging in five major cities of the
country i.e. Karachi, Lahore, Quetta, Peshawar and Islamabad. The survey describes three forms of
scavengers: migratory scavengers, roaming scavengers and site based scavengers.

Reference : Labor Unity

ACKNOWLEDGEMENT:

First of all I would like thank ALLAHA ALMIGHTY for giving me ability to complete this
project.

I also acknowledge with a deep sense of revenue our gratitude to wards my parents and
my teacher who have always supported me morally.

References

Introduction to International Labor Standards. Retrieved May 28, 2012, from


http://www.ilo.org/global/standards/introduction-to-international-labour-standards.

(The end)