Labour Rights
The Labour Law of Pakistan is comprehensive and contains several Acts, Rules and regulations, and Ordinances. The Law is related to all:
- Commercial Establishments
- Industrial Establishments
- Labour Establishments
The comprehensive laws provide an authentic and transparent guideline to the employees, employers, unions, and other concerned agencies to carry out their responsibilities both morally and legally.
These Labour Laws are paramount for running the business successfully and smoothly to achieve high productively, profits, and good wages.
Types of workers
The Labor Law of Pakistan divides the employees into two basic categories.
- Workmen
- Non-workmen
The Labor Law specifically protects the category of “workmen” by defending his rights to wages, Termination, working hours, etc. the term and conditions of the workmen are governed by the terms and conditions of the employment contract.
Labour Laws
The Labour Laws in Pakistan have been categorized and arranged into six ordinances. Their ordinances are:
Industrial Relations Ordinance
Conditions of Employment Ordinance
Payment of Wages Ordinance
Occupational Safety & Health Ordinance
Labour Welfare & Social Security Ordinance
Human Resources Development & Control of Employment Ordinance
Labour Rights in the Constitution
The Constitution of Pakistan contains several provisions concerning labor rights. These provisions are 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 prescribes the power of its citizens to enter upon any lawful profession or occupation and to conduct any legitimate 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.
Employment contract and its Termination
Under the Industrial and Commercial Employment Ordinance, 1968, the employee must be given employment security through an employment contract between the employer and the employee. This ordinance applies to all commercial and industrial establishments that are employing more than 20 workers.
For workers in other establishments, farmworkers, domestic servants, or casual labor, the labor contract is usually going unwritten, but it can be converted into written form through oral evidence.
Although every establishment must issue a formal employment letter for each worker. The labor contract should include:
Terms and conditions of employment
Nature of job
Tenure of contract
Pay allowances
Fringe benefits admissible
A permanent worker’s services cannot be terminated without a solid reason. The reason may include misconduct. In the case of Termination from services, the worker should be notified one month before the termination date. However, this rule does not apply to worker categories other than Permanent workers.
If the worker considers the Termination faulty or unjust, he or she has the right to challenge the Termination under Section 46 of the Industrial Relations Ordinance 2002. Although to ensure that the action has not been a violation of the principle of justice, the Labour Courts have been given authority to intervene and examine the cause of the Termination.
Working and rest hours
The Labour Law of Pakistan has a clear guideline regarding the working hours and rest hours for workers of different commercial, industrial and seasonal factories Under the Factories Act, 1934. These laws are applicable to industries that have 20 or more employees. However, the provincial Governments have extended the rule to small factories or workshops with a minimum of 5 workers.
An adult worker who is passed his or her 18th year of age is permitted to work in any establishment over and above nine hours a day and 48 hours a week.
A worker who is not passed his or her 18th year of age is permitted to work in any establishment over and above seven hours a day and 42 hours a week.
In a seasonal factory, as per section 4 of the Factories Act, the adult worker can work no more than fifty-six hours a week.
Under Section 8 of the West Pakistan Shops and Establishments Ordinance, 1969, workers are restricted to work hours at 48 hours a week.
Under Section 22-B of the Mines Act, 1923, workers can work for 48 hours a week or 8 hours a day.
Under the laws, no worker is required to work continuously for more than six hours without an interval for meals or rest of at least one hour.
During the holy month of Ramadan, the reduction of working hours is observed in commercial, manufacturing, and service organizations.
Paid, Maternity and other leaves
According to the Factories Act, 1934, every worker who has accomplished a period of twelve months of uninterrupted service in a factory is allowed a holiday period of 14 consecutive days, during a period of twelve months.
Under the Maternity Benefits Ordinance, 1958, a female worker who has completed four months of service is entitled to 12 weeks paid maternity leave. A minimum of 6-week post-natal leave is also compulsory.
Under section 49 of the Factories Act, 1934, all workers are entitled to the following leaves:
Ten days of casual leave
16 days sick or medical leave on half pay only through the submission of a medical certificate
13 days of festival holidays annually
60 days of special leave for Hajj, Umrah, or Ziarat
Working and rest hours
The health and safety of the labor is the employer’s responsibility, and any neglect in the matter that leads to injury or death of the labor is upon the employer in the eyes of the Law. Health and safety include:
Clean and healthy working environment
No poisonous material
Providing proper safety gear to labor working with or handling hazardous material
Necessities of clean drinking water, ventilation during summers, and a clean public toilet.
If labor meets any accident due to the employer’s negligence, then the deceased’s family has the right to sue the employer.
Child labor
The Law and Constitution of Pakistan strictly prohibit child labor and encourages the child to receive education to increase literacy.
Article 11(3) of the Constitution prohibits the child’s employment below the age of fourteen years in any mine, factory, or other hazardous work.
The Factories Act, 1934, allows child employment between the ages of 14 and 18 years only if he or she presents a fitness certificate from a certifying surgeon.
The Act restricts child employment in a factory to no more than five hours a day.
Under the Child employment Rules, anyone who employs or permits a child to labor is punishable by imprisonment up to one year or a fine of up to Rs. 20,000 or both.
Our services
Our team of expert online lawyers deals with issues related to:
Cases of civil servants
Workers or workmen
Appointment and termination issues
Promotion and demotion
Removal form service
Gratuity, pension, and provident fund
If labor meets any accident due to the employer’s negligence, then the deceased’s family has the right to sue the employer.
In the issues mentioned above, we provide the following services:
Drafting & evaluation of Employment Contracts and Agreements
Legal Notices and their Replies
Legal advice and Opinion
Cases before Labour Courts
Cases before Labour Tribunals
Cases and Appeals before Social Security Courts
Cases before High Courts
Cases before the Supreme Court
Cases before the Supreme Court
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