Labour Laws In Pakistan
Labour Laws
• The Constitution of Pakistan
• Part II: Fundamental Rights and Principles of Policy
• 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 give the right to its citizens to enter upon any lawful
profession or occupation and to conduct any lawful trade or business
• Article 25 address the right to equality before the law and prohibition
of discrimination on the grounds of gender alone
Labour Laws
• The Factories Act, which governs the conditions of work of industrial
labour, applies to factories, employing ten or more workers
• 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.
• Every employer in an industrial or commercial establishment is
required to issue a formal appointment letter at the time of
employment (containing nature of job, tenure of appointment, pay and
allowances, working hours, terms and conditions of appointment)
Labour Laws
• Termination of appointment must be communicated in
writing. under Section 46 of the Industrial Relations
Ordinance 2002, aggrieved employee may proceed him or
herself or through labour union with in three months
• Under the Factories Act, 1934 no adult employee, defined
as a worker who has completed his or her 17th year of age,
can be required or permitted to work in any establishment
in excess of nine hours a day and 48 hours a week
• Section 8 of the West Pakistan Shops and Establishments
Ordinance, 1969, restricts weekly work hours at 48 hours
Labour Laws
• Section 22-B of the Mines Act, 1923 restrict weekly hours at 48 hours or 8
hours each day, with the limitation of spread-over 12 hours and interval
for rest for one hour every six hours.
• According to the Factories Act, 1934, every worker who has completed a
period of twelve months of continuous service in a factory shall be allowed
holidays for fourteen consecutive days. If he fails to avail whole leaves the
part of un availed leave will be carried forward in next year
• 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 parental and postnatal leave with pay
• The Maternity Benefit Ordinance, 1958 prohibits the dismissal of the
woman during her maternity leave
Labour Laws
• Under section 49 of the Factories Act, workers are entitled to enjoy gazetted
holidays (holiday that is said by the government to be mandatory.)
• If worker is required to work on holiday he or she will be allowed substitute
holiday on full pay
• Further laws emphasize on cleanliness, drainage, ventilation, and hygiene of work
place .
• Provision of drinking water. All passages, stairs, entrance and exits points must be
open and properly lighted to ensure safety
• Article 38 of the Constitution speaks achieving equality in the form of securing the
well-being of the people, irrespective of sex, caste, or race,
• Overcrowding. - (1) No work-room in any factory shall be over-crowded to an
extent injurious to the health of the workers employed therein
Labour Laws
The Payment of Wages Act, 1936 regulates payment of certain
classes of industrial workers.
The act enforce payment of wages with in seven days if number of
employees workers are less than 1000 in other case with in ten days
of completion of wage period.
• Minimum Wage: Rs. 17500
• Working Days: 6 Days/week
• Working hours: 48 Hours
• Over time factor?
Equal Employment Practices in
Pakistan
Equal Employment Opportunity
“Equal Employment Opportunity (EEO) prohibits
discrimination against anyone on any excuse”
“EEO speaks of the equality of every human being
(irrespective of gender, religion, caste, ethnicity, color, age,
physical disability etc.) while considering a candidate
before, during and after employment”
Affirmative Action
⚫ These are conscious efforts to compensate past
unfair and bias practices in organization.
⚫ The practice or policy of favoring individuals belonging
to groups known to have been discriminated against
previously; positive discrimination.
Equal Employment Opportunity
Article 27 of Constitution of Pakistan, prohibit discrimination
based on gender in “Services of Pakistan” further “make it
obligatory to take steps to ensure full participation of women in
all spheres of national life“
According to Articles 34 and 38a, it is responsibility of state to
work for wellbeing of the people of Pakistan by raising their
standard of lives and taking steps to prevent concentration of
wealth in few hands and exercise of equal right between
employer and employee
Equal Employment Opportunity
• On 30 April 2000, the Federal government announced Labor Welfare
Package for Workers making it obligatory for the organizations to
offer gender equality and affirmative action. In summary, it permits:
• Equal remuneration for men and women for work of equal
value through appropriate legislation.
• Enhancement of maternity benefits for female mine workers.
• Safeguards against sexual harassment through appropriate
actions
• Recruitment of female labor inspectors for enforcement of
labor laws on female workers.
Equal Employment Opportunity
Disabled Persons:
Disabled Persons (Employment and Rehabilitation) Ordinance
1981 allot 1 percent quota to disabled
In 2002, Ministry of Social Welfare and Special Education ask
Cabinet Division for 2 percent quota of disabled persons in all
Ministries
Equal Employment Opportunity
Women are even not consider for selection and interview on several
grounds (they can not stay in office late, they quit their jobs after
marriage, they give more time to their children, they can not move from
one place to other)
The delaying tactics of writing ACRs deprived eligible employees from
timely promotion thus violating EEO
Costly and time consuming efforts are also hurdles for discriminated
workers to pursue their cases under prevailing law
Lack of education and information also preclude labour to claim their
legal right given under laws
HR and line managers are not educated and aware of EEO laws
Equal Employment Opportunity
Most of the jobs are filled through references and relationships
Ethnicity, regional belonging and alumni also play role in
selection
In terms of working conditions, women are also victims of
sexual harassment
No separate or adequate facilities for women
Lack of facilities for disabled persons
How to detect EEO Violation
⚫ Employee percentage and Geographical comparison
⚫ Recruitment vs Selection
Reasons for discrimination?
⚫ Bona fide occupational qualification: Bona fide
occupational qualifications (BFOQ) are
employment qualifications that employers are allowed to
consider while making decisions about hiring and
retention of employees.
⚫ One example of bona fide occupational qualifications are
mandatory retirement ages for bus drivers and airline pilots,
for safety reasons.
⚫ Further, in advertising, a manufacturer of men's clothing may
lawfully advertise for male models.
Business necessity
⚫ Business necessity is a legal concept that can be used to
justify an employer's decision to use employment criteria
that disproportionately affects a particular group, based on
the assumption that the company has a legitimate reason to
do so due to the needs of the business.
⚫ Washroom Attendants. Female vs. Male
Experience and education
⚫ Sometimes, the type of experience is the requirement
for promotion.
⚫ Experience in current organization vs. in previous
organization (senior).
Thank You
