Labor Laws in pakistan

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Labor Laws

In

Pakistan

Human Resource Management

Submitted To:

Miss Sabeen Irum



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Dedicate

To

Our

Parents



G

M Waqas Afzal

Gohar Ejaz

Usman Nadeem

Bilal Ahmed

Shoaib Arshad B

Nimra Qayyum

OUP MEMBERS

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Details

Introduction ………

History ………

Major labor laws of Pak

Objective of labor law…

Application of labor la

Industrial relation act …

Factories act ………

Factories act ………

Payment of wages act …

Employee’s old age ben

Workman compensation

Workers welfare fund

Punjab factories rules …

Bonded labor system (a

Child Labor in Pakistan

Child Labor in Pakistan

Conclusion ………

References ………

Table Of Contents

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stan ………………………………

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in Pakistan …………………

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fits act …………………………

act ………………………………

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Pakistan’s labor laws find their

partition of the indo-Pak subcon

trail to meet the state of indust

literacy, growth of trade unions.

republic of Pakistan has introdu

the shifts in governance from ma

Introduction

origination to legislation inherited from Indi

tinent. The laws have evolved through a conti

ial development, population & labor force ex

To meet the above named objectives the gover

ed a number of labor policies, since its indepe

terial law to democratic governance.

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a at the time of

uous process of

plosion, level of

ment of Islamic

ndence to mirror



It all started with trade, or bec

goods at low price and then sel

established in England and they

After World War I, labor unrest

labor-management was given i

conspiracy applied to labor unio

The Indian trade union act was

1929 was also passed. The trade

unions. The trade dispute act pr

Much other legislation relatedFactories Act 1934, payment of

1923.

After independence, Pakistan in

British India. Trade union act 19

and Factories act 1934. These

making in the country. The ind

ordinance 1959 by military rule,

Pakistan nearly adopted all the l

History

oming monopolist traders like East India. Th

ling these to UK at high price. And after tex

ave controlled on it.

was increased and they were repeated strikes

portance for first time, earlier the common

s.

assed in 1926 and after a span of three year; T

union act allowed workers to associate and to

vided settlement of dispute between employer

to the labor welfare was introduced in thisages Act 1936, Mines Act 1923, workmen c

herited the following legislation, among many

26, industrial employment act 1946, industrial

four laws have provided the basis for labor

ustrial Dispute Act 1947 was replaced with i

Aube Khan.

ws of British India.

6

y manufactured

ile industry was

at that time. The

law principle of

ade Dispute Act

e represented by

and employees.

period. Includempensation Act

others from the

ispute act 1947,

laws and policy

dustrial Dispute



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Major Labor Laws of Pakistan

O Factories Act 1934

O Punjab Factories Rules 1952

O Industrial and Commercial Employment Ordinance 1968

O Provincial Employees Social Security Ordinance 1965

O Employees Old Age benefits Act 1976

O Payment of wages Act 1936

O Minimum Wages Ordinance 1961

O WP Minimum wages for unskilled worker Ordinance 1969

O Worker Children Education Ordinance 1972

O Worker Welfare Fund Ordinance 1971 (Benefits Under Law)

O Workman Compensation Act 1923

O Company Profit (Worker Participation Act 1968)

O Industrial Relation Act 2008

O West Pakistan Maternity Benefit Ordinance 1958

O Bonded labor System (Abolition) Act 1992



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Objectives of labor laws

• Enhance the coverage and effectiveness of social protection for all employers and

employees and other who on work.

•

Realize and promote fundamental principles and standards and rights during work.• Create greater opportunities for women and men to secure income and decent

employment.

Article 11 of the constitution prohibits all forms of slavery, forced labor & child labor;

Article 17 provides for a fundamental right to exercise the freedom of associated 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 thatchildren and women are not employed in vocations unsuited to their age or sex & for maternity

benefits for women in employment

Application of labor laws in Pakistan.

Industrial Relation act 2008.

i. Formation of trade unions

ii. Regulation of relations between employers & employees.iii. Avoidance & settlement of any difference between employers & employees.

iv. Matters connected with their & ancillary thereto.

Factories act 1934.

Any act deal with the day to day affairs of the factories is called factories act 1934.

It extends to whole Pakistan.

Factory act shall be come into force on the first day of January 1935.

Factories registration under factories acts 1934.

Every factory should be clean, safe, proper, disposal of waste, and sewage, effective ventilation,

and reasonable temperature.



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Definition: in this act unless there is anything repugnant in the subject or context.

“Adolescent” means a person who has completed his fifteenth but not completed his seventeenth

years.

“Adult” means a person who has completed his seventeenth years.

“Child” means a person who has not completed his fifteenth years.

“Day” means a period of 24 hours.

“Week” means a period of 7 days beginning at mid night of Saturday night.

“Power” means energy/electricity.

Health & safety

• Cleanliness.

• Disposal of wastes and effluents.

• Ventilation and temperature.

• Dust and fume.

• Artificial humidification.

• Overcrowding.

• Lighting.

• Drinking water.

• Latrines and urinals.

• Spittoons.

• Precaution against infection disease.

• Canteens.

• A welfare officer.

• Precautions in case of fire.

• Fencing of machinery.

• Work on or near machinery in motion.

• Self-acting machines.

• Casing of new machinery.

• Cranes and other lifting machinery.

• Lifts

• Revolving machinery.

• Pressure plant.

• Protection of eyes, and ...



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Payment of wages act 1934.

Payment of wages act 1936 related to the payment of wages, how much will be the minimum

wage per hour or per day. It extends to whole Pakistan. Wages act 1936 shall comes into

force on such date as on federal government may be notification in the official gazette

appoint.

Responsibility for payment of wages:

Every employer shall be responsible for the payment to persons employed by him of wages

required to be paid under this act.

Fixation of wage periods:

Every person responsible for the payment of wages under sec 3 shall be fix period in respect of

which such wages shall be payable.

No wage-period shall be exceeding one month.

Time of payment of wages:

The wages of every person employed upon in factories or in industrial establishment in which

less than one thousand workers are employed must be paid before the expiry of seventh day.

Where the employment of any person is terminated by or behalf of the employer, the wages

earned by him shall be paid before the expiry of second working day.

All payments of wages shall be made on a working day.

Deduction for absence from duty:

Deduction for absence from duty is under sec 7 sub sec 2 clause b of the act.

Deduction for damage or loss:

Deduction for damages or loss is under sec 7 sub sec 2 clause c of the act.

Employee’s old age benefits act 1976.

To repeal and react the law relating of old age benefits for the person or worker who employed in

industrial, commercial, and other organizations

This act may be called employee’s old age benefits act 1976.

It extends to the whole Pakistan.



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It shall come into force at once.

It applies to every industry or establishment.

Old age pension ____ minimum 15 year’s insurable employment.

Survivors pension ____ after death.

Invalidity pension ____ injury (67%) effected during employment.

Old age grant ____ lump sum.

When an industry have10 or more employees or less than 10 employees having option to be

included in this scheme.

Amount of contribution is 6% of the wages.

No contribution is payable who has affected the age of 60 and 55 In case of women.

Workman compensation act 1923.

Any act to provide for the payment by certain clauses of employers to their workman of

compensation for injury by accident.

Employer’s liability for compensation:

It is applicable to those establishments who have 10 or more employees.

An employer has to compensate his employees for injury by accidents.

If death or total disablement of results from injury, the employer has to pay. Rs. 200,000 is

dependent to employee.

In case of primary disablement, this act provides compensation for half monthly payment for 1

year or 1/3 of monthly wages for 5 years.

Workers get remedy in 3 alternate remedies.

If not then he may sue employer for damages in ordinary civil court.

Make an agreement with employer for compensation for injury or damages.



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Worker welfare fund 1971.

It is expedient to provide for the establishment of a workers welfare fund, for providing

residential accommodation and other facilities for worker.

Constitution of workers welfare fund:

10 corers of rupees initial contribution made by the federal government.

Such money paid from time to time to industrial establishment under sec 4 and sec 4A.

Proceeds of loans raised by government body.

Mode of payment:

Industrial establishment shall pay not less than 100,000 on the behalf of federal government from

the total amount.

Industrial establishment shall furnish a return of income.

Punjab factories rules 1952.

These rules may be cited as the Punjab factories rules 1952.

They shall extend to the territories which immediately before the IST November, 1956 were

comprised in the state of Punjab and east Punjab state unions.

These rules comes into force at once,

Rule 31 – 35(artificial lighting) six months after the enforcement of these rules.

Rule 55( safety precautions ) six months after the enforcement of these rules.

Rule 68(washing facilities) three months after the enforcement of these rules. Rule 70( ambulance room ) three months after the enforcement of these rules.

Rule 71 – 77(canteens) nine months after the enforcement of these rules.

Rule 78( shelters etc ) six months after the enforcement of these rules. Rule 79 – 82( crèches ) nine months after the enforcement of these rules.

Rule 102 six months after the enforcement of these rules.



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Bonded labor system (Abolition) act 1992.

Whereas clause 2 of article 11 of the constitution of the Islamic republic of Pakistan prohibits all

form of forced labor.

And it’s necessary to provide for abolition of bonded labor system with a view to preventing theeconomic and physical explosion of the labor class in the country and for matters connected with

there.

These act my called bonded labor system (abolition) 1992.

It extends to the whole Pakistan.

It shall come into force at once.

Childs labor in Pakistan.

It is very difficult to estimate exact number of child labor in Pakistan. The last child labor survey

conducted in 1996 by the government.

Province-wise Comparison of Child Labor

Province Total No. of Children in

age group of 5-14 years

(millions)

Total No. of Economically

Active Children in Age

group of 5-14 years

(millions)

Ratio of Child Labor

Punjab 22.63 1.94 8.6%

Sind 8.62 0.30 3.5%

NWFP 6.71 1.06 15.8%

Baluchistan 2.07 0.01 0.5%

Total 40.03 3.31 8.3%

Child labor in carpet industry in Pakistan

• Under age of 15.

• In Punjab (5 – 14 age groups) 107,000 children include 59% girls.

• Monthly income Rs. 2000.

Child labor in glass bangle industry in Pakistan

• District Hyderabad in Sind.

• Production is concerned in urban and semi-urban area.

• Monthly income Rs. 1200 to 3500.



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Child labor in surgical industry in Pakistan

• Sialkot is famous.

• Sports goods, leather, and surgical instruments.

• 5,800 children working in Sialkot.

• Six days a week (8 – 10 hours).

• According to the survey in 1999, the average age is 12.

Child labor in Rag picking industry in Pakistan

• In 2003 children are near 89,500 – 106,500 in five major cities.

• Karachi, Lahore, Quetta, Peshawar, and Islamabad.

• Average working is 11 hours daily.

Child labor in Tanneries industry in Pakistan

• 2003 in Kasur.

• 717 boy children.

• Out of 333 were (5 – 14 age groups) and 384 (15 – 17 age groups)

• No girl is working in kasur at tanneries industry.

Child labor in Deep fishing industry in Pakistan

• Gawader is an important district of Baluchistan because of sea-port.

• Population is over 1.8 million.

• Fishing is an economic activity.• A large number of children are working there.



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Conclusion

In Pakistan there were about 70 or more laws about labor that can be enforceable to protect the

rights of them. The child labor laws were being implemented forcefully as in sports, tanneries,

and other organization. The employee’s old age benefits and workers welfare fund provide the

opportunities to their permanents employees for their better and secure future. The majority of

labor force was unaware about these laws because of low literacy rate in Pakistan. Butunfortunately the labor laws were not being followed effectively.



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References

Khan, A. K. (2008). Complete Set of Labour Laws in Pakistan. Manzoor law Book House.

Ali, H., & Ali, Z. (Revised edition). The law of factories. The ideal labour laws.

Talib, Abdul hamid. (2008). The worker’s welfare fund 1971. Law book land.

Ahmed, I. (n.d.). labor and employment law: A profile on Pakistan. Saturday 2012-05-19

17:46:53

Child Labour in Pakistan | National Coalition Against Bonded Labour. (n.d.).

Retrieved May 23, 2012, from http://ncabl.pk/?page_id=225

Child Labor in the Industrial Revolution. (2010). Retrieved from YouTube.

http://www.youtube.com/watch?v=U2M9i1Wy6IU&feature=youtube_gdata_player

www.pakistanlawyer.com (is used to get some help)

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http://ncabl.pk/?page_id=225




http://www.pakistanlawyer.com/





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