CONSTITUTIONAL PROVISIONS OF THE LABOUR

LAW IN PAKISTAN
Introduction - Labour Force:
The estimated labour force in Pakistan is 51.78 million. It comprises all the persons of age ten
years and above. Of the employed labour force, women constitute only 20 % (10 million), 44%
in agricultural sector, 35 % employed in service sector, 20 % present only in industry and
manufacturing sector. Formal sector accounts for only 27% of the economic activity, while
informal sector is catering to more than 70% of the activity outside agriculture. (According to a
report by Labour Force Survey, Gop : 2007 – 2008 ).
Labour Laws:
After independence Pakistan adopted nearly all of the labour legislations from British India
which provided the basis for labour law and policy making in the Pakistan. After that many
amendments have been done on these legislations under regimes of different leaders.
Constitutional Provisions:
The Constitution of Pakistan contains a range of provisions with regards to labour rights found in
Part II: Fundamental Rights and Principles of Policy. Under the constitution following
provisions are given on Labour Rights:
Article 11 of the Constitution prohibits all forms of slavery, forced labour and child labour;
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 25 lays down the right to equality before the law and prohibition of discrimination on the
grounds of sex alone;
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 employment.
Labour Legislation
Under the Constitution labour is regarded as a ‘concurrent subject’, which means that it is the
responsibility of both the Federal and Provincial Governments. However, for the sake of
uniformity, laws are enacted by the Federal Government, stipulating that Provincial
Governments may make rules and regulations of their own according to the conditions prevailing
in or for the specific requirements of the Provinces.
Contract Of Employment
Article 18 of the Constitution affords every citizen with the right to enter upon any lawful
profession or occupation, and to conduct any lawful trade or business. The Industrial and
Commercial Employment (Standing Orders) Ordinance applies to all industrial and commercial
establishments throughout the country and provides for security of employment. In the case of
workers in other establishments, domestic servants, farm workers or casual labour engaged by
contractors, their labour contracts are generally unwritten and can be enforced through the courts
on the basis of oral evidence or past practice.
Every employer in an industrial or commercial establishment is required to issue a formal
appointment letter at the time of employment of each worker. The workmen should be provided
with the contract in writing, showing the terms and conditions of his service, at the time of his
hiring, promotion and transfer.
Termination Of Contract: Termination of employment contract can be either
• Termination simpliciter (termination on grounds other than misconduct)
• Termination on grounds of misconduct.
Notice for termination of termination simpliciter is mandatory for permanent employees. A
notice of one month must be served before severing employment relationship or payments of
one month wage in lieu of notice may be provided. Other categories of workers are not
entitled to notice or pay in lieu of notice. The law obliges employer to provide a termination
certificate stating the reason of termination in it.
If employee is aggrieved at his employer decision, he/she can bring his or her grievance to the
attention of his or her employer, in writing, either himself or through the shop steward or through
his or her trade union within three months of the occurrence of the cause of action. To safeguard
against any colorful exercise of power, victimization or unfair labour practices by the employer,
the Labour Courts have been given powers to examine and intervene.
Wages:
Different acts dealing with wages of the employee. Payment of wages act 1936, Coal mines
ordinance 1960, Minimum wages ordinance 1961 and minimum wages for unskilled workers
ordinance 1969.
The wages of employees includes bonuses and excludes value of accommodations i.e., supply of
light, water, medical attendance or other amenities excluded by the Provincial Government; the
employer’s contribution to a pension or provident fund, traveling allowance or concession or
other special expenses entailed by the nature of his or her employment; and any gratuity payable
on discharge.
The Payment of Wages Act, 1936, regulates the payment of wages of those workers whose
monthly wages do not exceed Rs. 3,000 and are employed in factories, railways, plantations,
workshops and establishments of contractors. Important points of this act are as follows:
• The act stipulates that the wages of factory and railway workers are to be paid within
seven days upon completion of wage period (or 10 days in case workers are more than
10,000).
• No deduction can be made from the wages of the workers excepts as specified in the Act,
such as for fines, breach of contract and the cost of damage or loss incurred to the factory
in any way other than an accident.
• The employer is responsible for the payment of all wages of each of his employee.
Minimum wage according to the Minimum Wage for Unskilled Workers Ordinance is PKR 6000
per month.
Minimum wage for coal mines workers is fixed under Coal Mines Ordinance 1960, after
consultation with Mines Welfare Board.
Working Time And Rest Time:
Working hours:

Acts / ordinance Employee Age Working Hours Working hours per

Limit week
Per day

Factories Act 1934 18 years Maximum 9 hours 48 hours

Factories act 1934 Under 18 Maximum 7 hours 42 hours

Factories Act 1934 Above 18 (Adults) Maximum 10 hours Maximum 50 hours

for manufacturing
industry and 56
hours (in case of
technical work)

The shop and 48 hours

establishments
ordinance

Mines act 1923 8 hours 48 hours

In factories, the periods and hours of work for all classes of workers in each shift must be
notified and posted in a prominent place in the principal language in the industrial or commercial
establishment. The law further provides that no worker shall be required to work continuously
for more than six hours, unless he or she has had an interval for rest or meals of at least one hour.
During Ramadan (fasting month), special reduced working hours are observed in manufacturing,
commercial and service organizations.
Paid Leave:
As stated in the factories Act, 1934, every worker who has completed a period of 12 months
continuous service in a factory shall be allowed to have a leave of fourteen days during the
subsequent period. In case worker is unable to take whole of the holidays, those untaken holidays
shall be allotted him in the succeeding period of twelve months.
Maternity Leave and Maternity Protection
The Maternity Benefit Ordinance, 1958 stipulates that upon the completion of four months
employment or qualifying period, a worker may have up to six weeks prenatal and postnatal
leave during which she is paid a salary drawn on the basis of her last pay. The Ordinance is
applicable to all industrial and commercial establishments employing women excluding the tribal
areas. It also places restrictions on the dismissal of the woman during her maternity leave.
Similarly, the Mines Maternity Benefit Act, 1941 is applicable to women employed in the mines
in Pakistan.
Other Leave Entitlements
In addition to the 14 days of annual leave with pay, the Factories Act, 1934 provides that every
worker is entitled to 10 days casual leave with full pay and further 16 days sick or medical leave
on half pay. Casual leave is granted upon contingent situations such as sudden illness or any
other urgent purpose. It should be obtained on prior application unless the urgency prevents the
making of such application. In addition, workers enjoy festival holidays as declared by the
Federal Government. Additionally, every worker is entitled to enjoy all such holidays with pay
on all days declared and notified by the Provincial Government. If however, a worker is required
to work on any festival holiday, one day’s additional compensatory holiday with full pay and a
substitute holiday shall be awarded. Employees who proceed on pilgrimage i.e., Hajj, Umra,
Ziarat, are granted special leave up to 60 days.
Minimum Age And Protection Of Young Workers:
The Constitution expressly prohibits the employment of children below the age of fourteen years
in any factory, mine or other hazardous employment.
In addition, the Constitution makes it a Principle of Policy to make provisions for suitable
working conditions and ensures that children and women are not employed in vocations unsuited
to their age or sex.
The Factories Act, 1934 allows for the employment of children between the ages of 14 and 18
years provided that each adolescent obtains a certificate of fitness from a certifying surgeon.
The Act further restricts the employment of a child in a factory to five hours in a day.
In addition, no child or adolescent is allowed to work in a factory between 7 p.m. and 6 a.m.
Moreover, no child is permitted to work in any factory on any day on in which he or she has
already been working in another factory. Factories are further required to display and correctly
maintain in every factory a Notice of Periods for Work for Children, indicating clearly the
periods within which children may be required to work.
The manager of every factory is required to keep complete information about the child
employee.
Under the Employment of Children Rules, anyone who employs a child or permits a child to
work in contravention of the Constitution is punishable by imprisonment for a term extending up
to one year or may be fined up to Rs. 20,000 or subject to both.
Agricultural Laws:
No laws have been explicitly provided dealing with agricultural labour force in labour laws of
1969, 2002 and 2008 respectively. Although Pakistan has ratified a convention regarding grant
of freedom of association rights to agricultural workers.
Occupational Safety and Health Legislation:
As regards to the occupational safety and health, following legislation exists in Pakistan. Dock
Labourer’s act 1934, Factories Act 1934, Mines Act 1923 and Workmen’s Compensation Act
1923. These Law mainly cover formal sector manufacturing industry.
Worker’s Welfare Legislation:
This legislation incorporates Employees old age benefits act 1976. Employee’s social security
ordinance 1965 provides benefits to the employees in case of sickness, maternity, employment
injury and death. The workmen’s compensation act 1923 provides compensation to the workers
or their heirs in case of death, permanent total disablement, permanent partial disablement, and
temporary disablement during working tenure.
The standing orders 1968 provide compulsory group insurance against natural death and injury
for all permanent employees in a workplace.
Industrial Relations Act:
Originally introduced in 1969 to resolve disputes and develop bilateral relationships between
employee and employer. So far many amendments have been made in this act.
Freedom Of Association:
Constitution states that it is a fundamental right of employer and worker to form trade
union/association establishes federations and confederation and can go for collective bargaining.
Union Registration And Collective Bargaining Agent:
The Industrial Relations Act requires registration of trade unions before they can represent
workers. All the members of the trade union must be actually employed in the industry with
which union is connected. Registration of a trade union gives it a legal existence i.e. it becomes a
corporate body thereof.
In order to determine a collective bargaining agent, trade union having a majority of two-thirds
of employees as its members will move an application. In case of multiple unions coexisting, the
registrar will conduct a referendum (secret ballot election) and will issue CBA certificate to that
trade union securing at least one third of total votes or a run off election will be held between
two unions and those securing majority votes will be issued a certificate.
The CBA is entitled to undertake collective bargaining with the employer or employers on
matters connected with employment, non-employment, the terms of employment or any right
guaranteed or secured to it or any worker by or under any law, or any award or settlement
Equality And Non Discrimination:
Constitution states that no discrimination shall be made among employees on the basis of color,
caste, creed, religion, gender, residence or place of birth. State shall make efforts to ensure
equitable distribution of rights between employer and employee. In order to protect women
against sexual harassment at work place a fine will be charged against person committing crime (
a part of which will be payable to the complainant). That person can also be dismissed from his
service.
Worker Participation In The Management:
According to the industrial relations ordinance (IRA 2008), workers have a three pronged
system of the participation in the workplace management and include:
• Management Committee
• Joint management board
• Work council
Management committee is formed in factory employing 50 or more persons and comprises
50% of the workers representation.
Under Joint management board; every company which employs 50 or more persons should set
up a joint management board having a 30% representation of the workers.
Works councils are to be set up by the employer (employing 50 or more workers) in which
employee representatives should not be less in number than the management.
These five institutions (shop steward, collective bargaining agent being other two) are
established to improve the bilateral relations between employer and employee.
Labour Disputes And Strikes:
Commencement of a dispute: In case of a arisen of a dispute, the employer or CBA
communicate the other party through works council to settle dispute within the period of fifteen
days or more.
Conciliation: In case party fails to reach a settlement within given time period, the employer or
CBA sent a notice of conciliation to the other party, with a copy to conciliator and labour court.
Arbitration: If the conciliation fails, both parties consult an arbitrator by mutual consent. The
arbitrator gives his or her award within a period of 30 days or a period agreed upon by the
parties. The award of the arbitrator is final and valid for a period not exceeding two year.
Strikes and Lock -outs: If both parties don’t agree to refer their disputes to the arbitration, the
workers retain the right to go on strike providing due notice to their employer within seven days
and with an employer owing the right to declare lock out
If strike or lock out continues for more than fifteen days, and it is prejudicial to the national
interest, the federal or provincial government will refer the case to the Commission or Labour
court which shall make final award after hearing both the parties.
The labour courts have same jurisdictions as of civil courts. Their decision can be challenged in
High Court.
The government may prohibit the occurrence of strike or lock-out if it occurs in public utility
service sector.
No party to an industrial dispute may go on strike or declare a lockout during the course of
conciliation or arbitration proceedings, or while proceedings are pending before the Labour
Court.
A strike or lockout is declared illegal if it is commenced without giving notice of conciliation to
the other party of the dispute, or if it is commenced or continued in a manner other than that
provided by the IRO 2002 or in contravention with this text.
In this case, labour department officer submit a report to the labour court and issue orders to the
employee or CBA to appear before court. The Court may, within 10 days, order the strike or
lockout to be stopped. In case of contravention of the order of the Court by the workers, the
Labour Court may pass orders of dismissal against the striking workers, or cancel the registration
of the trade union that committed such contravention.
Settlement of Individual Labour Disputes
A worker may bring his grievances in writing to the employer either himself or through shop
steward or CBA within one month of day on which dispute arises. The employer needs to give
his decision within fifteen days in writing to the employee.
In case of employer’s failure to settle dispute, the worker or shop steward may take the matter to
the Labour Court within a period of two months.
Labour Judiciary:
It is composed of three parts: Labour Courts, Labour Appellate Tribunals, and National
Industrial Relations Commission.
Party aggrieved by the labour court decision can refer to the Labour Appellate Tribunal, and
award given by it is final. The commission has seven members (one member each from employer
and worker side) and has the functions of formation and promotion of trade unions,
determination of CBA’s among industry wise trade unions, educating workers of their rights, and
to deal with unfair labour practices.
Child Labour
  The International Labour Organization (ILO) defines child Labour as:
1- when a child is working during early age
2- he overworks or gives over time to Labour
3- he works due to the psychologically, socially, and materialistic pressure
4- he becomes ready to Labour on a very low pay

 Another definition states:

“Child Labour” is generally speaking work for children that harms them or exploits them
in some way (physically, mentally, morally or blocking access to education),
United Nations International Children’s Emergency Fund(UNICEF) defines “child” as
anyone below the age of 18, and “child labour” as some type of work performed by
children below age 18.

Child labour and the worst forms of child labour, as defined by International Labour
Organization (ILO ) Conventions, damage children’s health, threaten their education and lead to
further exploitation and abuse. UNI CEF does not oppose work that children may perform at
home, on the family farm or for a family business – as long as that work is not a danger to their
health and well-being, and if it doesn’t prevent them from going to school and enjoying
childhood activities.
Facts And Figures
• In 2004, there were 218 million children engaged in child labour, excluding child domestic
labour.
• Some 126 million children aged 5–17 are believed to be engaged in hazardous work.
• It is estimated that children represent 40–50 percent of all victims of forced labour, or 5.7
million
Children are trapped in forced and bonded labour.
• Children working in the home of a third party or ‘employer’ are extremely vulnerable to
exploitation and abuse. ILO estimates that more girls under age 16 are in domestic service than
in any other category of work or child labours.
One in six children aged 5-14 are engaged in child labour in developing countries
Percentage of children aged 5-14 involved in child labour at the time of the survey.
These children are considered to be engaged in child labour: children 5-11 years in economic
activity, or in household chores for 28 hours or more during the reference week; children 12-14
years in economic activity (excluding those in light work for fewer than 14 hours per week) or in
household chores for 28 hours or more during the reference week.
Source: UNICEF global databases 2010, from Multiple Indicator Cluster Surveys (MICS), Demographic and Health Surveys (DHS) and
other national surveys. Estimates based on data for 106 countries. Data first published in: UNICEF, The State of the World’s Children 2011,
United Nations Children’s Fund, New York, 2011.

 The whole world spent over US$ 900 billion last year on armaments. Only 5% of it could
have saved all our children, 250 million children could have been educated, fed, and
given health care. Most of South Asian countries, except Sri Lanka, have been spending
less than or just around 1% of the GDP in primary education. And out of this 1%,
according to a study, around 85% out of 1% was spent on elite class children and 15% on
rest of the children. With this little spending of our GDP on their education, what kind of
political will do we have? Nowadays, this issue is being addressed in the parliamant, but
the society as a whole should take responsibility to generate the political will.
 Child Labour In Pakistan

Pakistan is a poor country. More

than 30% of the population lives
below the absolute poverty level and 12% are earning less than dollar a day; 714,000 children
under the age of 5 years die every year; only 55% of the total population has access to health
services, 79% to safe water and 56% with sanitation. The adult literacy rate is only 38%. Child
labour in these circumstances is not surprising. What, however, is sad and incredible is the way
each successive Government has handled this issue.
Child labour is not one of those issues which get solved by a stroke of pen, in fact long term
planning by the State is required for its solution. The State, however, maintains an attitude of
denial. This definitely adds to the tragedy of this issue, because sooner the measures against this
are taken the better it is, as the process is slow.
Moreover, the Governmental authorities in Pakistan appear to seriously believe that the problem
of child labour is exaggerated beyond all proportions, and that there is nothing serious to panic
about. However this is not so true. The lack of reliable data is partly due to the general tendency of
the employers and others to conceal information as the work performed by children in certain cases
may be prohibited by law. And partly due to the fact that most children work in agricultural tasks in
rural areas and in the informal service sector in urban areas which are difficult to cover statistically.
Official estimates also usually exclude children under the age of ten years, and above the age of 14
years. Generally it is estimated that more than ten million children in the age-group of five to 14
years are working in Pakistan.
However on October 9th 1996, the Federal Bureau of Statistics released the results of its survey,
whose findings were that 3.3 million children in age group 5 to 14 years are working in Pakistan
out of a total of 40 million children in this age group; 50% of these economically active children
are 5 to 9 years old. And out of these 3.3 million, 2.7 million were claimed to be working in
agricultural sector. 2.4 million (74%) of them were said to be boys. Prior to these findings, it was
widely believed that more than 10 million were working in Pakistan, based on studies done by
UNICEF and some other organizations.
The Survey of All Pakistan Labour Force in 2007 and 2008 showed that there have been over 21
million labour children between the ages of 10 to 14 working in the country, out of which 73
percent are boys and 27 percent are girls. It is almost double of what Human Rights Commission
of Pakistan estimated in 2005
The provincial distribution indicates that the volume of child labour in the Punjab is about 1.9
million, which is about three-fifths (60 per cent) of the total child labour in the country. Next
comes NWFP, which has about 1 million child labourers, and then Sindh with 298.30 hundred
child labourers. The lowest figure of 13.72 hundred is for Balochistan, where less number of
households have reported child labour.

Major Forms Of Child Labour In Pakistan

The child labour exists in many forms sometime you can visualized it and some times it is
hidden. We cannot able to identify it by our naked eyes .the some of widespread and worst forms
of child labour are discussed below.
1. Domestic work: Very common and sometimes seen as acceptable, it happens in the family
home or outside the home. When domestic work is outside the home, children – almost always
girls – work very long hours, have no chance to go to school and are isolated from their family
and friends.
2. Agricultural work: A lot of working
children are found in agriculture.They often
work on the family farm or with the whole
family, as a unit, for an employer.
3. Work in industries: This work can be
regular or casual, legal orillegal, as part of the
family or by the child on his own for an
employer. It includes carpet weaving, gemstone
polishing, making garments, chemicals,
glassware, fireworks, matches or a range of other
products. These tasks expose the children to hazardous chemicals that can lead to poisoning,
respiratory and skin diseases, radiant heat, fire and explosions, eyesight and hearing damage
cuts, burns and even death.
4. Work in mines and quarries: Child labour is used in small scale mines in many
countries. They work long hours without adequate protection and training. Child miners suffer
from physical strain, fatigue and disorders of the muscular and skeletal systems.
5. Slavery and forced labour: It is most commonly found in rural areas. It is also
frequently linked to the oppression of ethnic minorities and indigenous peoples. Children are
often also drawn into armed conflict, forced to be soldiers or to work for armed forces.
6. Prostitution and child trafficking: It is one of the worst forms of child labour. The
dangers faced by children are extreme and range from moral corruption to sexually transmitted
diseases to death.
7. Work in the informal economy: This includes a whole range of activities such as shoe
cleaning, begging, pulling rickshaws, selling newspapers, or collecting rubbish. Some forms are
very easily observed while others are hidden from public view. Activities often take place on the
streets but also include domestic work.

Root Causes Of Child Labour In Pakistan

1. Poverty
Poverty is major cause of child labour. Due to extreme poverty, the parents are not only
incapable of investing in their children development, they are even reluctant to support them and
want them to become a source of income to the family as early as possible. Therefore poor
children work to survive and contribute to the subsistence of their families.
2. Unemployment
Low wages make a poorer but unemployment makes him absolutely poor. low wages are not
sufficient to meet the requirements of family.
3. Child Labour Cheap Commodity
Generally, the employees prefer to take in children when the given job can be accomplished by
them better than adults. In Pakistan children represent a cheap and compliant work force. All too
often there are those who are prepared to exploit children for profit.
4. Lack Of Compulsory Education Facilities.
The child labour and non schooling of children have a vital linkage among poorer sections of the
population. Provision of compulsory primary education is the state’s main method of controlling
child labour. Schooling, however must be affordable and relevant to the child’s circumstances,
should provide practical skills and knowledge if it is be seen as worth while investment by
child’s family.
5. Proper Legislation
Want of proper legislation relating to elimination and regulation of child labour, making of
education compulsory, coupled with ineffective enforcement of laws, hardly helps in controlling
the issue of child labour in Pakistan.
6. Cultural Traditions
Children may also work due to cultural traditions. Children from marginalized groups, such as
formal bonded families; agricultural workers; indigenous peoples; forest dwellers; and other
nomads; and migrates are set from their birth to work. The tradition of family occupation often
motivates the child to become a bread winner.
Another cultural cause leading to child labour is the restriction of women to homes. In majority
of the families, education of girls is seen as lower priority than that of boys, and girls are set to
work earlier than their brothers. Many of women produce products at home, and require their
children to act as intermediaries between themselves and the consumers.
7. Migration To Urban Areas
Migration to cities due to industrialization and urbanization is one of the factors responsible for
the problem of child labour. Seasonal nature of agricultural occupations also leads to migration.
In cities, the migrants lack skills to earn sufficient incomes to support their families; and this web
of deprivations and hostile conditions compel children to work.

THE LEGAL FRAMEWORK FOR COMBATING CHILD

LABOUR IN PAKISTAN
Constitutional Ban
Article 11(3) of Pakistan's Constitution prohibits employment of children below the age of 14
years in any factory or mine or any other hazardous employment; incidentally this Article is a
copy of Article 24 of the Indian Constitution. The terms "factory", and "mine" are not defined in
the Constitution but are defined in the general Acts governing these establishments. However
"hazardous employment" is not defined under any law in Pakistan.
Ban in Factories
The colonial rulers way back in 1934 had also prohibited the employment of children below the
age of 15 years in factories under the Factories Act .A "factory" is defined under this Act to
mean "any premises, .. whereon ten or more workers are working,.. and in any part of which a
manufacturing process is being carried on." Thus if an establishment employs less than ten
workers then it would not be considered a "factory" for purposes of this Act; and it can employ
children unless not covered by another law.
Ban in Mines
The British in 1923 enacted the Mines Act that defined the term `mines' and prohibited the
employment of a child below the age of 12 years in a mine, or his or her presence in any part of a
mine which is below ground. In 1935, the lawmakers realizing that the age was low raised it to
15 years.
Ban in Shops
General Yahya Khan's martial law regime was active in enacting labour laws. One of the laws
that it passed in June 1969 and which is still in force is the Shops & Establishments Ordinance.
This law prohibited employment of children below the age of 12 years in any establishment. In
1975 in the Province of the Punjab, and in 1977 the General Zia's martial law regime for the
whole of Pakistan, raised this age to 14 years. The term `establishment' is defined under this law
to mean a shop, commercial or industrial establishment, private dispensary, hotel, restaurant,
cafe, cinema and such other places as are notified by the concerned Provincial Government. The
latter have not bothered to add to this list.
The Employment of Children Act
Child labour in certain occupations, however, has remained prohibited in both India and Pakistan
since 1938 when the Employment of Children Act was introduced by the British. Both countries
have now replaced this law by their own legislations but Pakistan has failed to expand the list
contained in the 1938 law. As a result employment of children in sectors other than those
mentioned in the schedules to these laws remains legal and legitimate in the country.
In April 1991 in Pakistan, the ECA (Employment of Children Act) was passed not at the behest
of the Government but on the initiative of a Senator. This law brought about some good changes
but it proved to be detrimental in one area in that the minimum age for admission to employment
instead of being raised through this law, unprecedently in the world, was lowered from 15 to 14
years in the case of several sectors like mines, factories, and establishments. This anomaly is just
another instance of children having no voice and thus laws being drafted to their detriment
despite best intentions. This Act, incidentally and ironically, is a copy of the Indian Child Labour
(Prohibition & Regulation) Act 1986.
The Government of Pakistan cites this law as its master piece in its attempts to curb child labour.
This legislation, however, can at the most be regarded as a first step in the right direction but
leaves much to be desired. Most important of all, it covers few relevant employment sectors.
Particularly as a result of the latter point, this law, even if fully and completely enforced, will not
impact a great deal in bringing about a change in the overall child labour situation in the country.
Three areas that remain outside its purview, and require immediate action to be included, are
children working in the agricultural sector - 65% percent of Pakistan's population lives in the
rural areas, the domestic child workers, and the self-employed children.
ECA's section 2(iii) defines a `child' to mean "a person who has not completed his fourteenth
year of age."
Its section 3 then states that;
No child shall be employed or permitted to work in any of the occupation set forth in Part I of
the
Schedule or in any workshop wherein any of the processes set forth in Part II of that Schedule is
carried on: Provided that nothing in this section shall apply to any establishment wherein such
process is carried on by the occupier with the help of his family or to any school established,
assisted or recognized by Government.

The occupations listed in Schedule's Part I are outdated; as a matter of fact, the list has been
copied from the Employment of Children Act 1938 the law which the ECA repealed. Part I of the
Schedule covers the following occupations:
(1) Transport of passengers, goods or mails by railway.
(2) Cinder picking, cleaning of an ash-pit or building operation in the railway premises.
(3) Work in a catering establishment at a railway station, involving the movement of a vendor
or any other employee of the establishment from one platform to another or into or out of
a moving train.
(4) Work relating to the construction of a railway station or with any other work where such
work is done in close proximity to or between the railway lines.
(5) A port authority within the limits of any port.
(6) Work relating to selling of crackers and fire works in shops with temporary license.

Four of the above occupations relate to railways; one to ports and last one to explosives. This list
must have been relevant in 1938 when the Employment of Children Act was passed by the
British; and in fact may be the major reason that children are not employed in these areas
anymore. However the list is now not significant because children are not employed in large
numbers in these occupations.
PART II of the Schedule is again a reproduction of the repealed 1938 law but it is relevant in that
it at least covers areas in which children are still employed in large numbers. It prohibits
employment of childrenwhere the following processes are carried on:
(1) Bidi-making.
(2) Carpet-weaving.
(3) Cement manufacture, including bagging of cement.
(4) Cloth printing, dyeing and weaving.
(5) Manufacture of matches, explosives and fire-works.
(6) Mica-cutting and splotting.
(7) Shellas manufacture.
(8) Soap manufacture.
(9) Tanning.
(10) Wool-cleaning.
(11) Building & construction industry.
(12) Manufacture of slate pencils (including packing).
(13) Manufacture of products from agate.
(14) Manufacturing process using toxic metals and substances such as lead, mercury, manganese,
chromium, cadmium, benzene, pesticides and asbestos.

The important processes from the above listing that are relevant to the Pakistani society include
areas such as carpet weaving, manufacture of explosives, tanning and building and construction
industry; the last four processes are an addition to the 1938 law's listing as the others have been
copied.
The Federal Government is empowered to add any occupation or process to the Schedule.
However it has failed to do so thus far. Or perhaps it seriously and sincerely believes that there is
no child labour problem in the country.
Children of Any Age Permitted to Work for Families & Government
The proviso cited in the above Section 3 is also exploited by employers as they can always use
the defense that the child labourer is only assisting his family in the establishment. The fact that a
school established, assisted or recognized by Government is exempted from ECA is also absurd
as this gives an impression that children employed by the Government somehow are not
children.
Regulating Child Labour
Under the ECA, establishments in which none of the occupations or processes referred to in
ECA's Schedule are carried on are then covered by Part III of the ECA which regulates working
childrens' hours and periods of work; weekly holidays; and health and safety. One of the major
criticism of ECA, and for that matter, its counter part in India, the 1986 Child Labour
(Prohibition & Regulation) Act, is for legitimizing child labour by regulating employment of
children. Any Government basically has three options with regard to child labour. Either it
ignores it, or it bans it altogether, or it regulates it like any other labour.
The Government of Pakistan as well as the Provincial Governments till to date have basically
been ignoring it but laws like the ECA at least exist on the statute books that give child labour a
legitimacy which is non-existent in the developed world by attempting to regulate it in some
ways.
Hours of Employment
The ECA's Part III gives the concerned Governments the authority to prescribe by rules the
maximum hours a child below the age of 18 years can be required or permitted to work in any
specific establishment.
These hours are prescribed in the Rules that have been enacted in each of the four Provinces; the
rules slightly differ from province to province but generally require that no child should be
allowed to work for more than six hours a day in commercial establishments, such as shops,
hotels and restaurants; and no child should be allowed to work for more than six hours in
establishments, such as a factory, or farm. The hours for the age-group 14 to 18 years are fixed at
six hours a day for all kinds of establishments, excluding an hour long interval for rest after three
hours.
The ECA has also set a general maximum ceiling of hours for all establishments. Thus the total
daily hours cannot exceed seven hours, inclusive of the interval for rest, and the time spent in
waiting for work on any day. It is obligatory for all employers to give every child an interval of
at least one hour for rest after he or she has worked for more than three hours. In addition such a
child cannot work between 7 pm and 8 am; and cannot work overtime. He or she also cannot
work in an establishment on a day on which he or she had already been working in another
establishment. Every under-14 working child is also required to be given a whole day of holiday
every week. This requirement implies that if an establishment is not covered by another law
requiring a similar holiday, then children above the age of 14 may be refused such a weekly day
of rest as this ECA provision only covers children below the age of 14 years.
Report Child Labour
Every employer of an under-14 working child is required within a period of 30 days of
employing the child to furnish to the Child Labour Inspector appointed under ECA
establishment's name and address; person's name in-charge of the establishment, and nature of
process carried on at the establishment. Every establishment is ordered to maintain a register in
respect of the working children.
Penalty
If anyone employs a child in contravention of ECA, then he or she is punishable with
imprisonment for a term which may extend to one year or with fine which may extend to twenty
thousand rupees, or with both.
A repeated offense is punishable with imprisonment for a term which shall not be less than six
months but which may extend to two years. Penalties leviable under the ECA also apply to the
Factories Act, the Mines Act and the Shops & Establishments Ordinance. Any person may file a
complaint for contravention
of ECA in a Court of first class magistrate. However ineffectiveness of this law can be assessed
from the fact that few, if any, have been convicted under it.
Bonded Child Labour
Bonded labour also remains an acute problems in certain regions of Pakistan. However, no
serious attempt has ever been made to ascertain the number of bonded labourers in Pakistan. It
may partly be due to the large total population in the country and the magnitude of the problem
itself. However, considering the nature of the bonded labour problem in the country, it can be
said that children are likely to be bonded wherever and whenever their parents are forced to
labour. Nevertheless, it is difficult to give any number in this regard.
Bonded labour is rampant in the brick kiln industry and in the agricultural sector and it is thus
nothing short of shocking that child labour by children below the age of 14 years has not been
prohibited under the provisions of the ECA in the sectors where bonded labour is prevalent. The
ECA's prohibitory clauses do not apply to establishments where the process is carried on by the
occupier with the help of his or her family or to any school established, assisted or recognized by
Government.
Child labour in occupations or processes not covered by ECA's schedules are permitted.
However, the Bonded Labour System (Abolition) Act 1992 terminated all obligations of a
bonded labourer to repay any bonded debt. It also took away the jurisdiction of any court for the
recovery of any bonded debt. The Act also lays down that every decree or order for the recovery
of bonded debt, passed before the Act and not fully satisfied before such commencement, would
be considered to have been fully satisfied. Any attachment for the recovery of any bonded debt
made before the Act stood vacated. Creditors under the Act have been prohibited from accepting
payment against any bonded debt. Any custom or tradition or practice or any contract, agreement
or other instrument, by virtue of which any person, or any member of his family, was required to
do any work or render any service as a bonded labourer, also became inoperative.
All property vested in a bonded labourer which was, immediately before the Act, under any
mortgage, charge, lien or other encumbrance in connection with any bonded debt, in so far as it
is relatable to the bonded debt, stood freed and discharged from such obligation. Otherwise, the
bonded labourer is given the right to claim manse profits from the person who continues to have
the possession. Acceptance of any payment against any bonded debt by a creditor which is
considered to have been fully satisfied by virtue of the provisions of this Act has been made
punishable with imprisonment for a term extending up to three years, or with fine which cannot
be less than 15,000 rupees, or with both. Additionally, the person concerned could also be
ordered to deposit in court the amount so recovered from the bonded labourer.
Pakistan is a federal republic, and consists of four Provinces. The Bonded Labour Act was
enacted by the Federal Government, but its implementation has been left to the Provincial
Governments. The latter Governments in turn are empowered to confer such powers and impose
such duties on a District Mayors (Nazims) as may be necessary to ensure that the law is properly
enforced. The District Nazim can then designate an officer subordinate to him to exercise all or
any of the powers, and perform all or any of the duties, enjoyed by him under the law. These
officials are expected to promote the welfare of the freed bonded labourer by securing and
protecting their economic interests so that they may not have any occasion or reasons to contract
any further bonded debt. Such officials are duty bound under section 10 of the Act to inquire as
to whether after the commencement of this Act, any bonded labour system or any other form of
forced labour is being practiced by any person resident within the local limits of his jurisdiction.
The concerned officials are to be advised by Vigilance Committees established at the District
level under the provisions of section 15, read with Rule 6 of the 1995 Bonded Labour System
(Abolition) Rules. These committees consist of elected representatives of the area,
representatives of the District Administration, Bar Associations, press, recognized social services
and Labour Departments of the Federal and Provincial Governments. Existence of bonded labour
is to be stopped by the officials, including the District Nazims. Additionally, any member of the
vigilance committee, upon learning about the existence of bonded labour, must immediately
report to the District Nazim for taking appropriate action. Forcing bonded labour on any person,
or enforcing any custom, tradition, or agreement, by virtue of which any person or any member
of his family is required to render any service under the bonded labour system, is punishable
with imprisonment for a term extending up to five years but it cannot be less than two years. A
minimum of 50,000 rupees can also be imposed along with imprisonment.
Prior to the enactment of the Bonded Labour Act, the major law that can be said to cover the
issue of bonded labour amongst children is perhaps the Children (Pledging of Labour) Act 1933
(No 11) that was enacted in 1933, and remains in force till to date; it extends to the whole of
Pakistan. The Act was enacted following recommendation of a Royal Commission on Labour in
India that condemned the system of bonding the labour of children as worse than the system of
indentured labour.
The Act declares an agreement to pledge the labour of a child void. It defines `an agreement to
pledge the labour of a child' to mean:
an agreement, written or oral, express or implied, whereby the parent or guardian of a child,
in return for any payment or benefit received or to be received by him, undertakes to cause
or allow the services of the child to be utilized in any employment, provided that an
agreement made without detriment to a child, and not made in consideration of any benefit
other than reasonable w ages to be paid for the child's services, and terminable at not more
than a week's notice, is not an agreement within the meaning of this definition.
`Child' is defined to mean a person who is under the age of 15 years; while `guardian' includes
any person having legal custody of or control over a child.
Apart from the above laws, bonded labour is also a criminal offense under the criminal laws. The
Pakistan Penal Code way back in 1860 made slavery a criminal offense. Its section 370 makes
import, export, removal, buying, selling or disposing of any person as a slave, or accepting,
receiving or detaining any person against his will as a slave, punishable with imprisonment
extending up to seven years, or fine, or both. Section 371 supplements the section 370 provisions
in that it states that
Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves shall
be punished with imprisonment for life or with imprisonment of either description for a
term not exceeding ten years, and shall also be liable to fine.
Section 374 in this regard goes on to say that
Whoever unlawfully compels any person to labour against the will of that person shall be
punished with imprisonment of either description for a term which may extend to five years
or with fine or with both.
Section 100 of the Code of Criminal Procedure 1898 deals with the practical side of the issue by
empowering a First Class Magistrate or a Sub-Divisional Magistrate to issue a search warrant if
he has reason to believe that any person is confined under conditions that may amount to an
offense. Additionally, section 491 gives any High Court, whenever it thinks fit, power to direct
that a person illegally or improperly detained in pubic or private custody within the limits of its
appellate criminal jurisdiction to be set at liberty.
There is a special provision for the recovery of unlawfully detained females and girls under the
age of 16 years. Section 552 of the Criminal Procedure Code says that a District Magistrate
could upon complaint made on oath may make an order for the immediate release of such
women or child who have been abducted or unlawfully detained.
In June 2001, the Government of Pakistan announced the National Policy and Plan of Action for
theAbolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers. The
announcement itself was ironic that despite having a law in the shape of Bonded Labour System
(Abolition) Act on the statute books for more than nine years, the Governments both at the
Federal and Provincial levels have failed to eradicate this exploitative practice. The Government
also announced constitution of a fund with an initial amount of Rs 100 million. Additionally, the
Plan of Action talked about activating the Vigilance Committees and asked them to be convened
at least once in two months and report their performance to the coordinating cell at the Provincial
Home Departments. The Plan also expects the committees to visit suspected work places
periodically and when complaints are received.
Ban in Merchant Shipping Industry
The Merchant Shipping Act 1923 states that no child below 14 years of age be engaged or
carried to sea to work in any capacity in any ship registered in Pakistan; or in any foreign ship
except in a school, or training ship; or in a ship in which all persons employed are members of
one family; or in a home-trade ship of a burden not exceeding 300 tons; or where the child is
employed on nominal wages and is in the charge of his father or other adult near male relative.
As can be seen from the provisions of this Act, there are several loopholes in this Act that can
enable an employer to employ child labour.
Ban in Road Transport
Probably the only law in Pakistan that presently prohibits employment of children below the age
of 18 years is the Road Transport Workers Ordinance 1961 which governs the conditions of
employment of road transport workers. For employment of drivers, the minimum age is fixed at
21 years.

A Few Examples Of Child Labour In Pakistan

Rawalpindi Study:
One recent study conducted in Rawalpindi assessed several demographic factors which have
direct impact on child labour. Major determinant of child labour is poverty. Even though children
are paid less than adults, whatever income they earn is of benefit to poor families. Some people
thought that formal education is not beneficial for their children, so they send them to work in
order to acquire skills. Children work under poor conditions, work beyond normal working
hours, get very less wages and never gone to school. The study proposes that several income
support measures should be provided to poor households as an instrument for reducing child
labour. Along with formal education, informal and skills oriented programmers should be
initiated.
Average statistics of children
Age 13.90 years
Income Rs.10140.77 par age
Weekly working hours 50.48 hours
Years of education 2.12 years
Working experince of children 205821
Families income per capita Rs.9371.81 per month
Number of earners 3.63
Father’s age 43.86 years
Mother’s Age 40.06 years

Child’s characteristics
age Less than equal to 13 41.33%
Greater than 13 58.67%
Total 100.11%
Education Illtetrate 59.33%
Literate 40.67%
tatal 100.00%
Income;(rupess) Less than 1000 57.33%
Greater than equal to 1000 42.67%
total 100%
Weekly working hours Less than 48 9.33%
Equal to 48 68.67%
Greater than 48 22.00%
total 100%
Work on another place No 94%
Yes 6%
total 100%
Total work experince Less than equal to 2 years 52.67%
Greater than 2 years 47.33%
total 100%
Personal Expenditure No 83.33%
Yes 16.67%
total 100%
Willingness to work No 4%
Yes 96%
total 100%

Sialkot, football industry employing children:

Sialkot is a big name in football manufacturing industry. Due to high demand labour force was
increased thus a large number of children was recruited. It was estimated that more than 7,000
children between the ages of 7-14 years old were working full time stitching footballs. After the
action taken by media about child labour, Atlanta contract was signed in 1997 among World
Federation of the Sporting Goods Industry, the ILO, UNICEF, and the Sialkot Chamber of
Commerce with the goal of reducing child labour from the industry.

The Atlanta Agreement established the following programme of activities to address child labour
in Sialkot:

• Registration of all contractors, stitchers and stitching facilities

• Establishment of a monitoring system
• Agreement to independent monitoring
• Increase awareness and change attitudes, including income generation
• Implementation of social protection programmes
• Education
• Rehabilitation
• In-kind assistance

Through this initiative, more than 6,000 children were removed from the workplace and
provided with access to educational facilities. Over 10,500 children received an education.
Health care was provided to 5,400 children. The programme reached 1582 villages, two small
towns and the city of Sialkot.

Sialkot case provides a strong example of an effective multi-stakeholder initiative. The Sialkot
case study is an example of a breakthrough in addressing child labour, as rather than fire the
child workers, efforts were made to rehabilitate children and address some of the systemic
problems in Sialkot including education.

Comparison Of Child Labour In Pakistan And Japan

The Labour Standard Law of Japan, prohibits employers from hiring children under age 15
unless they complete their nine years of consecutive education. A child age 13 or younger cannot
be engaged to perform labour without the permission of the Labour Standard Administration
Office. While Pakistan’s Child Labour law prohibits the employment of children below the age
of fourteen years in any factory, mine or other hazardous employment.In addition, the
Constitution makes it a Principle of Policy of the State of Pakistan to protect the child, to remove
illiteracy and provide free and compulsory education within the minimum possible period.
This means that children of any age are allowed to work in other fields other than the hazardous
areas according to Pakistan’s law and there is no minimum limit of education defined in the law
whereas Japan it is compulsory for a child to complete its consecutive nine years of education.
Child labour increases due to low income and poverty. The Japanese government has addressed
the problem of child labour. The Labour Standard Law prohibits parents from forcing their
children into going for a job. The government pays an allowance to families with low incomes.
This financial incentive helps parents avoid forcing their children to get jobs. A parent or a
guardian cannot make a labour contract for a minor, in this case a person under twenty years old.
Thus due to effective implementation of the law, there is no child labour problem in Japan.
Despite of defining a detail law for child labour- their working conditions, timings, nature of the
job and also the punishment in case of violation, there is still a high percentage of children
working in different areas of work in Pakistan.
Child Labour in United States of America
Human rights organizations have documented child labour in USA. According to a 2009 petition
by Human Rights Watch there are Hundreds of thousands of children who are employed as farm
workers in the United States, often working 10 or more hours a day. It is considered second most
dangerous occupation in USA. Child workers are often exposed to dangerous pesticides,
experience high rates of injury, and suffer fatalities at five times the rate of other working youth.
Government statistics revealed that hardly fifty percent children finish high school. However,
current US child labour laws allow child farm workers to work longer hours, at younger ages,
and under more hazardous conditions than other working youths. While children in other sectors
must be 14 to be employed and cannot work more than 3 hours on a school day, in agriculture
children can work at age 12 for unlimited hours before and after school.

CONCLUSION
The state of Pakistani laws thus in relation to problem of child labour is not satisfactory, to say
the least. All labour laws, and the Constitution, fixes the minimum age for admission to
employment at 14 which conflicts with Convention on the Rights of the Child, and the ILO
Convention 182, with customary international law and other international instruments, and the
age generally accepted internationally for permitting child labour.
Ideally child labour should not be permitted below the age of 18 years. However due to causes
partly beyond the control of a government, this age may have to be lowered. It should
nonetheless be not less than 16 years by which age a child should at least complete his or her
secondary education. In no event, this age should be lower in mines, and work involving
hazardous occupations and processes. The raising of age in these sectors is necessary due to the
involvement of health hazards and the risks of personal injury. There should be no exceptions in
such hazardous occupations like the ones existing presently under law which provide that a child
can indulge in these hazardous occupations and processes if he or she is carrying it on with the
help of his family or in a government school. This present exception in the ECA is absurd as
these occupations and processes remain hazardous for children regardless of whether a child is
working For a stranger, his or her family or government. In addition, if this exception remains
then employers can continue to take the defense that children are only working for their families.
Lastly we must all remember that regardless of causes, child labour cannot be eradicated without
banning it or at least making it prohibitively expensive and uncomfortable for the employers to
employ children, for parents to send children to work instead of schools, and for children to
work. Another weapon to control it is to use education as a weapon against child labour. Child
labour laws must be accompanied by establishment of a broadly based education system that
makes education mandatory.

SUGGESTIONS
Child labour cannot be approached as an isolated problem. It is a complex socio-economic-
demographic phenomenon which can be reduced and eliminated by multiplicity of actions, both
by government and public, at social as well as individual levels.
 • There should be Improvement in the income distribution and social awareness.
The income disparity can be removed by providing better employment
opportunities.
• There should be enforcement of universal compulsory education and the provision
of training and apprenticeship schemes
• Emphasis should be placed not only on educating the child but the parents as well,
through a greater emphasis on the adult education programs.
• For children who are not interested in studies, there should be apprenticeship
programs through vocational training institutes.
• As working children are not members of the trade unions, they do not have the
bargaining capacity over their conditions of work. Therefore trade unions should
work to reduce the physical and mental havoc of child labour.
• Employers should be persuaded to provide nutritional food to child workers at
subsidized rates, if not free of cost.
• There should be periodical medical check-ups of the working children and this
practice should be enforced through proper laws.
• There should be adequate night shelters with all the basic necessities.
• Protection should be provided to child labour against occupational competition
with the adults and moral degrading.
• Places of work and residence should be provided with adequate infrastructure,
like safe drinking water and proper sanitation facilities.
• Long term policies should be oriented to the eradication of poverty through
employment generating policies.

REFERENCES
Employment Law Pakistan. (n.d.).Retrieved April 23, 2011 from
http://www.pakistanlaw.net/pakistan-law/labour-laws/employment-law-pakistan/
Child Labour. Retrieved April 23, 2011 from
http://human-rights.unglobalcompact.org/case_studies/child
labour/child_labour/combating_child_labour_in_football_production.html

Jillani, A. (1999). child labour: the legal aspects. islamabad: SPARC.

Kulsoom, R. (2009). Child Labour at District Level: A Case Study. MPRA , 24.

S.C.Joshi. (2006). Child Labour; Issues, challenges and laws. New Delhi: Akansha Publishing
House.