Labour Rights

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. These ordinances are:

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.

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.

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:

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:

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.

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