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com/doc/20247549/HR-in-Pakistan-Equal-Employment-Practices HR in Pakistan : Equal Employment Practices

Equal employment opportunity act

The Equal Employment Opportunity Act of 1972 (Public Law 92-261) instituted the federal Equal Employment Opportunity program, which is designed to ensure fair treatment to all segments of society without regard to race, religion, color, national origin, or sex. That's very nice EXCEPT that wasn't the name of it. It was the Equal Opportunity Act of 1972...period. While it created the EEOC, the word Employment was NOT in its title! The EEOC was created in the 1964 Civil Right Act. The 1972 Act gave it authority to sue employers. ACCORDING TO THE PAKISTAN`S LAW Pakistan constitution puts a ban on discrimination on the basis of sex in appointment in "the service in Pakistan", provided that the performance and functions of the job can be carried out by, and is deemed suitable for, both sexes (Art. 27). It also provides that "steps shall be taken to ensure full participation of women in all spheres of national life" (Art. 34). The constitution commits the State to secure the well-being of the people, irrespective of, inter-alia, their sex by (Art. 38 (a)) raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few for general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants. Pakistan is a signatory of the following international instruments: The federal government announced its Labour Welfare Package for Workers making it mandatory for the organizations to offer gender equality and affirmative action. In summary, it warrants: *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 labour inspectors for enforcement of labor laws on female workers. *Increase in percentage of reserved seats of workers and peasants at Union Councils, Tehsil Councils and District Councils in the Devolution of Power Plan. *Extension of coverage of laws to agriculture and other informal sectors of economy. The Federal Government introduced new labour policy in 2002 empowering labour courts to order re-instatement of illegally dismissed workers or award reasonable compensation in lieu of re-instatement. This policy also calls for extension and up gradation of vocational and industrial training programs to meet the changes of globalization and avoidance of redundancies. If implemented in true spirit, this is expected to be a right step towards affirmative action and equal employment opportunity. A significant characteristic of new labour policy is strengthening bilateralism with least legislative and state intervention. This is expected to result in good employer-employee relationship through the strategy of interdependence by employers and employees and their mutual trust. New laws also promise protection of contractual labour by redefining temporary jobs in accordance with international standards. The policy pledges equal opportunities for all and categorically bans child and bonded labour, and discrimination on the basis of gender, sex, race etc. There are other recent steps taken by the Pakistan Government that have improved the recruitment environment in Pakistan, like: National Policy and Plan of Action for Elimination of Child Labour (2000); National Policy and Plan of Action for the Abolition of Bonded Labour (2001); and endorsement of ILO Conventions 100 and 182. Federal and provincial governments have also made legislations about the provision of 2% quota for special (disabled) people in the employment in all departments. This was enacted by the Disabled Persons (Employment and Rehabilitation) ORDINANCE (1981). LEGISLATIVE FRAMEWORK REGARDING EEO IN PAKISTAN

The main law governing OHS is the Factories Act 1934 Chapter 3. The Hazardous Occupation Rules of 1978 regulate certain occupations as hazardous, and contain special provisions to regulate the working conditions in those occupations. Each province has also enacted its own Rules within the mandate of the Factories Act. In addition there are other laws dealing with OHS: The Mines Act 1923 Social Security Ordinance 1965 Workmen’s Compensation Act 1923

Shop and Establishment Ordinance 1969 Dock Labourer Act 1934 The health and safety measures prescribed in most of the above laws have not kept pace with the rapidly changing times. Many of the sectors with grave OHS hazards (and most workers anyway) are not covered by these laws. They contain very few technical standards. Furthermore the occupational exposure limits (OELs) now common all over the world are still missing from Pakistan’s laws. These laws must be thoroughly revised and updated. Although there are many laws regarding the health and safety in Pakistan but the main problem has been implementation of these laws . proper implementation of these laws still lack in almost all the organisations of Pakistan which makes these frameworks rather useless . WORK PLACE VIOLENCE IN PAKISTAN ISLAMABAD, August 24, 2009 (Baluchistan Times): The prompt and effective legislation over the Protection against Harassment at the Workplace Bill 2009 would ensure a better environment to women at their specific workplace. The legal experts and rights activists of the Capital were of the view that prior to it, there were no specific laws dealing with workplace harassment. They said before the launching of the Bill, women had no legal source to justice against their colleagues, supervisors or employers who while taking advantage of their weaker partners for their ineterst. It is generally observed that women all over the world, and in our own country are subjected to varying degrees of discrimination, exploitation and violence. Harassment at workplace is a very serious issue as it has been related to the right of women to live with honour. To protect women against harassment at workplace, the government had taken special measures by starting formulation of the bill which had been laid in the House on April 10, 2009. Mrs Sanam Advocate, a well known face in city courts, commented that there was need for an exclusive act to handle the growing issue after the ratio of working women had kept on increasing. She said, Its implementation will take time because women are shy of raising their voices against unwanted things. She also stressed for creating more awareness about female rights besides, swift legislation over the issue. Shaheena Iqbal Advocate also shared the same view and said that women at their workplace required better environment without compromising over their dignity. Misbah Kanwal, a social and rights activist of a non-governmental organization, replied that females were generally deprived of their rights and an effective legal mechanism leading to punishment was expected with the upcoming Act. Kowkab Iqbal advocate, Chairman Pakistan Human Rights Society, opined that various provisions of Constitution of Pakistan guaranteed protection to women rights. He said, quick legislation and sound litigation would yield desired results. Minister for Social Welfare and Special Education, Samina Khalid Ghurki had also commented that the Harassment Bill would support women at federal, provincial and district levels covering maximum ground to address the issue comprehensively. According to available details, the code of conduct and procedure had also been included in the bill which includes guidelines for behaviour of the employess, management included which would ensure that there is no harassment at the work place. On June 27, the National Assembly Standing Committee on Women Development had reviewed the report and recommendations of the subcommittee on the bill and referred it back for further discussion with the concerned ministers to

This is only a mechanism to avoid unfair practices and biases during employment process. Affirmative action (AA) is an effort to undo the unfair practices of the past in the organizations. age. in any circumstance. ethnicity. Affirmative Action however is expected to be implemented as a voluntary component of EEO Policy. training and development transfers. or makes submission to such conduct shall be punished for three years . working environment and other conditions of service.remove gaps and contradictions. discipline. performance evaluation.. individuals with disabilities. compensation. caste. hiring. EEO speaks of the equality of every human being (irrespective of gender. Pakistani law makes it obligatory for employers to follow EEO principles. discharge. intimidate or threaten the other person or commits such acts at the premises of work place. color. opportunities. underprivileged classes and minorities as a logical step towards equal employment. but not limited to recruitment and selection. Equal Employment Opportunity and Affirmative Action Equal Employment Opportunity (EEO) prohibits discrimination against anyone on any pretext. work testing. assignments. It had discussed the section 509 PPC and added the new clause 509-A. mean that the managers should hire unqualified candidates in breach of merit. the National Assembly Standing Committee on Law and Justice had amended a bill over Pakistan Penal Code (PPC) Section 509 to effectively tackle and discourage all kinds of unwanted advances at work places. which said Whoever makes sexual advances or demands sexual favour or uses written or verbal or physical conduct of a sexual nature which intends to annoy. EEO does not. physical disability etc) while considering a candidate before. EEO antidiscrimination protections apply to all of the terms and conditions of employment. In another development. promotions. during and after employment. including. religion. AA is a means to level the playing field for females. .

religionor language. whose members have ethnic. 27). and is deemed suitable for.Some Important Definitions A person with a disability is defined to be an individual who has a physical. treatment. traditions. b y p r e v e n ti n g t h e c o n c e n t r a t i o n o f we a l t h . and permanent. religious or linguistic features different from those of the rest of the population. 34). such persons are called ´special citizens´ to show care and respect for them in the society. their sex by (Art. both sexes (Art. by the will to safeguard their culture. It will be a matter of individual choice to belong to a minority. mental or sensory deficiency which obstructs him or her in obtaining and maintaining permanent employment and promotional opportunities. It also provides that "steps shall be taken to ensure full participation of women in all spheres of national life" (Art. static. if only implicitly. or surgery. and whose deficiencies are material (not minor). In Pakistan. In Law Pakistan constitution puts a ban on discrimination on the basis of sex in appointment in "the service in Pakistan". 38 (a)) raising their s t a n d a r d o f l i v i n g . Underprivileged class is the one lacking opportunities or advantages enjoyed by other members of a community. Minority is defined as a group which is smaller in number than the rest of the population of a state. The constitution commits the State to secure the well-being of the people. provided that the performance and functions of the job can be carried out by. They generally experience a pattern of disadvantage or inequality or may have an ascribed status at birth. and are guided. inter-alia. irrespective of. as they are rarely fully cured by medical replacement.

1951 (No. 100) (ratified on 11/10/2001) • UN Convention on the Elimination of All Forms of Discrimination Against Women.159) (ratified on 25/10/1994) • ILO Underground Work (Women) Convention. 1958 (No. 1983 (No. In summary. 45) (ratified on 25/3/1938)On 30 April 2000.a n d me a n s o f p r o d u c t i o n a n d distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees. Pakistan is a signatory of the following international instruments: • ILO Discrimination (Employment and Occupation) Convention. 1935 (No. the federal government announced its Labor Welfare Package for Workers making it obligatory for the organizations to offer gender equality and affirmative action. and landlords and tenants. 111) (ratified on24/1/1961) • ILO Equal Remuneration Convention. 1979(ratified on 12/3/1996) • ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention. it warrants: • .

E q u a l r e mu n e r a t i o n f o r me n a n d wo me n f o r wo r k o f e q u a l v a l u e t h r o u g h a p p r o p r i a t e legislat ion. • Recruitment of female labor inspectors for enforcement of labor laws on female workers. • Extension of coverage of laws to agriculture and other informal sectors of economy. this is expected to be a right step towards affirmative action and equal employment opportunity. This policy also calls for extension and up gradation of vocational and industrial training programs to meet the changes of globalization and avoidance of redundancies.instatement. • Enhancement of maternity benefits for female mine workers. A significant . If implemented in true spirit. The Federal Government introduced new labor policy in 2002 empowering labor courts to order re- i n s t a t e me n t o f i l l e g a l l y d i s mi s s e d w o r k e r s o r a wa r d r e a s o n a b l e c o mp e n s a t i o n i n l i e u o f r e . • Safeguards against sexual harassment through appropriate actions. Tehsil Councils and District Councils in the Devolution of Power Plan. • Increase in percentage of reserved seats of workers and peasants at Union Councils.

Pakistani organizations in practice do not offer equal employment opportunities to the candidates and there are instances of discrimination against candidates on the basis of gender. sex. ethnic origin etc. a n d endorsement of ILO Conventions 100 and 182. In Practice Contrary to the federal laws. New laws also promise protection of contractual labor by redefining temporary jobs in accordance with international standards. race etc.characteristic of new labor policy is strengthening bilateralism with leastlegislative and state intervention. textile designing and interior decorations industry. There are other recent steps taken by the Pakistan Government that have improved the recruitment environment in Pakistan. and discrimination on the basis of gender. there is only a limited female presence in the organizations and it is not deemed viable or safe for a female to be employed in a predominantly male set-up. religion. like: National Policy and Plan of Action for Elimination of Child Labor ( 2 0 0 0 ) . N a t i o n a l P o l i c y a n d P l a n o f A c t i o n f o r t h e A b o l i t i o n o f B o n d e d L a b o r ( 2 0 0 1 ) . Even if the EO principles are observed . The policy pledges equal opportunities for all and categorically bans child and bonded labor.Federal and provincial governments have also made legislations about the provision of 2% quota for special (disabled) people in the employment in all departments. This was enacted by the Disabled Persons (Employment and Rehabilitation) Ordinance 1981. for example in the education sector. This is expected to result in good employer-employee relationship through the strategy of interdependence by employers and employees and their mutual trust. This situation is nonetheless on the change in the organizations in the big cities where females can in general work better than males. Since the literacy rate in females is less than males.

but is also faced with the challenge of better understanding and education at the institutional level. This unfairness is practiced during short listing of applications as well as in interviews. This has resulted in the absence of a proactive response to the need for a quality staff that will promise competitiveness through quality an organization. Ou r s t u d y o f H R e v o l u t i o n i n P a k i s t a n i o r g a n i z a t i o n s s u g g e s t t h a t . Current EO crisis in the country has its implication both for the employers and the recruits and at a wider scale the whole economic level. HR is a complex field and ambiguity and ambivalence persist at eachs t a g e o f e v o lu t i o n a n d p r o g r e s s t o wa r d s a n e q u i t a b l e a n d e f f e c t i v e ma n a g e me n t o f h u ma n r e s o u r c e s . The management´s refusal to follow EO principles is incurring extensive cost. . as it is also rending organizations inadequate to compete in an increasingly global market. i r o n i c a l l y a n d precariously. a typical Pakistani employer fails to understand that EO i mp l e me n t a t i o n c a n b e t o h i s o w n a d v a n t a g e a s i t wi l l i mp r o v e t h e q u a l i t y o f r e c r u i t me n t in his organization that will contribute to cost effective decision making. The decision makers need to be educated that EO is just not a human rights issue. and the relationship between organization procedures and the individual cognitive is bilateral. the so-called jargons of ''circumstances ''and ''acceptability'' are used as a cover for inappropriate discrimination. The short listing prejudices have also beeno b s e r v e d i n th e f e d e r a l a n d p r o v i n c i a l g o v e r n me n t jo b s t o b e f illed through Public Service Commission. With financial and productivity targets as the top most priority. EO in Pakistan is not a mere implementation issue.

Even in the public sector where it is a legal requirement. A p a r t f r o m b e i n g u n a b l e t o a f f o r d t h e c o u r t a n d l a w y e r f e e a n d t o s a c r i f i c e o n e ´ s breadwinning time. to being implemented within the traditional recruiter''s agenda of conceptualization. J o b s e c u r i t y i s a f a r c r y f o r e mp l o ye e s a t t h e l o we r echelons. and the recruitment made on gut and objectivity based discretion. The legal mechanism has not proven effective for the individual pleas in the past and more than 95% of the cases of violation of employees´ rights by the employers are not reported in a courto f l a w . for credibility. superior officers try to avoid or delay writing ACRs (Annual Confidential Reports) of their subordinates as far as possible. this is also due to lack of general awareness in the recruits about their rights and privileges under law. This is done in order to avert legally automatic confirmation of a worker in service after t h r e e mo n t hs o f c o n t i n u o u s e mp l o yme n t .T h e w h o l e s y s t e m o f p e r f o r m a n c e m a n a g e m e n t o r a p p r a i s a l i s m i s s i n g i n t h e m a j o r i t y o f organizations. This is a practical dilemma that HR in Pakistan faces in the absence of a merit based recruitment policy. Most of the jobs are filled through personal connections of the . workers are not allowed to complete their consecutive three months in service. This deprives the eligible employees to be considered for promotion or increment and leaves decisions on discretion instead of systems thus causing a violation of EEO principles n some organizations. Discretion in Selection Merit. and are replaced with the new workers. This is more like eyewash than a sincere effort to practice EO. or they are re-employed after a break of a few days or weeks. unfortunately. does not come at the top while considering a candidate for employment.the promotion of objective recruitment and selection on merit is resorting.

There is a tendency in the line managers requesting for an employee is to use a mix of gut and objectivity to select a suitable employee. a n i n f o r ma l b u t v e r y i n f l u e n t i a l n e t wo r k o f g r a d u a t e s o f I B A ( I n s t i t u t e o f B u s i n e s s Administration) is in operation that tends to prioritize graduates of this institute for employment. Pakistan is a high context society and tribal and ethnic fraternities among people are influential enough to weaken the system of merit in recruitmet Another interesting factor to secure a job is the Alumni network of certain institutes. Conventionally the line managers are not ready to accept the idea that a systematic and scientific procedure is more reliable to help them find a suitable staff member. This results in autonomy eligible candidate. for example: word of mouth. For example. Line managers tend to outsource or recruit people with the informal sources of recruitment. or through direct contact and ´bargaining´ with the recruit working somewhere else. Subsequently EO is not one of their priorities. Interestingly both of these terms are self-contradictory. inKa r a c h i . and unaccountability of their choice over a more Ironically t h e s e l i n e ma n a g e r s a r e a p p l e o f t h e c h i e f e x e c u t i v e ´s e ye s b e c a u s e o f t h e i r c o r e p r o d u c t i o n services for the organization. Similarly alumni networks of LUMS and the Punjab University are operating in Lahore. clerical and a waste of paper and time. Their opinion is prioritized by the decision makers to that of . They term the formal and standard HR selection and recruitment practices as bureaucratic. They normally act in order to judge a candidate by evaluating his fitness in the so-called organizational culture and the corporate strategy.candidates within the organization (Sifarish) thus compromising the quality of recruitment.

In January 2002. This relegates the HR advisors and staff to aperipheral position in the organization and their role is contained to little or no authority. Another major EEO issue in Pakistan is the recruitment of a huge workforce on political basis in violation of merit. and to expect this from line managers would be unrealistic. a complaint regarding appointment of four junior secretarial assistants in the Civil Aviation Authority (CAA) against the merit policy was reported. Another challenge is the need to provide a better compensation packages to public sector employees in the form of fixed package and not discretionary funds or privileges that are often misused. But this is not the current situation in Pakistan where even the staff working in Personnel or HR is not suitably educated or trained about EEO issues. This would not be out of place to mention here (as has been the experience in some major organizations in the West) if the line managers assume the responsibility of equal employment principles in letter and spirit. This and other similar incidents are not unusual in Pakistan. then the devolution of hiring authority from HR to the line departments can be acceptable. successive governments have been acting as employment exchanges to provide jobs to their political activists and supporters. two of the four appointees were stated to . In March 2002.the´welfare oriented human resource department´. According to this report. the provincial government in Punjab announced to put five thousand posts in education and health s e c t o r s a t t h e d i sp o s a l o f t h e members of provincial assemblies to be filled on their recommendations. a case of taking bribes in the recruitment of police constables in Bannun and LakkiMarwat districts was reported in the national press. In 2002. Instead of crating jobs. We would like to cite a few examples in this regard. This decision was termedas the last nail in the coffin of recruitment through merit. This has been feared that such practice will ratify political recruitment as a norm rather than an exception.

commenting on the recruitment practice in the country: ". There are no set rules or procedure or scale of pay for hiring of the so-called experts. We would like to quote excerpts from a letter by an ordinary Pakistani written to the editor of an English daily in 2001.. including the law and the state. ." Islamic Perspective of Equality According to the Quran. which should be one for all employees. dignity of the children of Adam is a heavenly conferral that is to be protected by all means. One of the affected candidates said that the brother and the nephew of the section officer to director administration. and is to be safeguarded by all forces: " We h a v e c o n f e r r e d d i g n i t y o n t h e c h i l d r e n .. headquarters.. and the nephew of a former deputy director general of CAA were selected.. would also be a record and so many systems would not have been used in any other country! Except a few regular Central and Provincial Services. various other methods are used..have close family relations with some high-ups at the CAA headquarters in Karachi while qualified candidates were ignored in the interview.. The lopsided nature of the services and the flawed system of recruitment and influence paddling has played havoc with the discipline. it should take immediate steps to make basic changes in the recruitment policy. If the present government wants to ameliorate the condition of salaried class with limited and fixed income.... where recruitment is made through competitive examinations... The number or recruitment systems.. advisors and others who are employed on contract or the regular basis. efficiency and output of the services.... which are used for employment.

For example shaking hands and publicly intermixing with the opposite sex. however people in modern cities like Lahore. He persecuted a helpless group of them.o f Ad a m. and wearing of ´inadequate´ dress is not appreciated or accepted in general. a n d provided for them sustenance out of the good things of life. and made you into peoples andtribes. Pushtuns in the North West Frontier Province and Baluchistan have comparatively rigid ideas about religion. God is All-Knowing." (49:13) Gender Bias Islam is the state religion and it is obligatory to regard certain religious practices. This speaks of regional instead of religious attitudes on the basis of gender. All-Aware. The strictness or leniency of religious values varies from one group of people to the other. Karachi and Islamabad are more liberal and open-minded. and discriminated against some people. so that you may come to know one another. and favored them far above most of our Creations. while sparing their daughters. slaughtering their sons. Pakistani society in general . Truly." (17:70)A tyrant is against human rights and the God as well: "Pharaoh turned into a tyrant on earth. a n d b o r n e t h e m o v e r l a n d a n d s e a . This should not be perceived as gender inequality but is an expression of special respect for women in a Muslim society. the most honored of you in God''s sight isthe greatest of you in piety. He was indeed wicked." (28:4)Bias on the basis of gender or any other pretext is not allowed in society as the Quran speaks of human equality in the following terms: O mankind! We created you from a single soul. male and female.

According to a gender and governance study undertaken by the National Commission on the Status of Women in collaboration with the Asian Development Bank conductedi n S i n d h P r o v i n c e i n 2 0 0 1.9% female adult literacy rate as compared to48% rate for adult males. d e sp i t e s e n i o r i t y a n d tolerant. this figure was 39%. with thee x c e p t i o n o f a m a r g i n a l p r e s e n c e o f h a r d c o r e f u n d a m e n t a l i s t s w h o b e l i e v e i n t h e i r o w n interpretation of religion. followed by 2. senior officials and managers was 9% of total as compared to 26% representation in professional and technical workers. The same rate was 57.884as compared to only 916 for females. The survey found that no woman employee in BPS 20 or above was currently posted at the Services and General Administration Department. could be assigned postings equivalent to basic pay scales 21 and 22 in any of the provincial government departments or institutions.9%. Female employment in industry was 11% of female labor force whereas the same figure for males was 20%.Female economic activity rate (age 15 and above) was 35. whereas male employment in agriculture was 41% of male labor force. legislators. Female youth literacy rate was 41.5% for males of the same age group. Male estimated income (PPP) in US$ was 2.There are reports that women in Pakistan are kept them from key decision-making jobs in the public and private sectors. In the year 2000. Female employment in the services sector was 23% of female labor force whereas for males. Gender inequality in education spoke of a 27.9% for the girls aged 15 and above. female adult literacy rate was 27.3%. whereas males contributing family workers were 61% of total between 1995-2000. Female employment in agriculture(as a %age of female labor) was 66%.8 per cent each in grade 19 . Female contributing family workers were 39% of total. Female representation in lawyers. n o n e o f t h e wo me n g o v e r n me n t e mp l o ye e s .

Special Citizens (Disabled) In August 2002. 1. are not mobile etc. do not stay in jobs after marriage. There is a need for a wide-ranging responsiveness to gender sensitivity. 3.7 per cent under grade 15. low standard of office facilities.and grade 18. the ministry of social welfare and special education requested the cabinet division to ensure recruitment of the disabled at 2 per cent quot a in all ministries. it was found that women in Pakistan work under unspoken social norms and networks. Women also reported hostility or harassment by their male colleagues. Hackneyed discernments that women are less suitable than men for many jobs. in practice the disabled are not being granted even 1 per cent employment in several organizations and industries as required by the . a sense of discomfort in the seating arrangements and absence of separate rest rooms.6 per cent held posts equivalent to BPS17. While hypothetically EEO is available.1 per cent women employees could be categorized under grade 16 and 1. Even in the Education Department. were also cited as factors hampering women placement and promotions. remain absent from work more often than men. However. There existed a unity between men and systematic subordination or estrangement of the women. in almost all organizations and professions. With reference to working conditions. a majority of them were confined to junior grades.. there have been instances where women arec o n s c i o u s l y i gn o r e d d u r i n g t h e p r o c e s s o f e mp l o y me n t a p a r t f r o m b e i n g ma r g i n a l i z e d d u r i n g promotion and placement decisions. where women are generally believed to be in the highest number.

e. 1. The report also identifies two possible reasons for discrimination during employment. On both times.000 per month for each vacancy for the disabledt o t h e Di s a b l e d P e r s o n s R e h a b i l i t a t i o n F u n d . I n f a c t . through a cultural change secured by suitable legislation. Instead many employers prefer to pay the penalty of Rs. 30 million on this head alone that indicates that thousands of disabled persons being left out of the job market. Firstly. b y 2 0 0 2 . a bill for the elimination of environmental barriers to enable full participation of the disabled was presented in the National Assembly in June 1991 and in February 1994. it lapsed due to postponement. There is also the need for a law to make public buildings accessible to the disabled. In this respect. t h e N a t i o n a l C o u n c i l f o r t h e Rehabilitation of Disabled Persons had collected more than Rs. networking or . it is costly and in some cases cumbersome to obtain information about an individual applicant. Thus the employers may use their own prejudices or informal feedback readily available (stereotyped) about the particular group the individual comes from. "Poverty in Pakistan: Vulnerabilities. The report urges the government to work out policy options to cure such problems (breach of merit and equal opportunity for example). Social Gaps and Rural Dynamics" points out certain social groupings such as caste. Secondly.Disabled Persons (Employment and Rehabilitation) Ordinance 1981. Poverty Factor The World Bank in its 2000 draft report. the employers have a tendency to hire workers with a social collateral i. kinship and ''Biradari'' (fraternities) that influence the performance of the labor markets and associate this with susceptibility and poverty.

I mp l e me n t a t i o n necessitates appreciation of EEO a broad-scale education for and the philosophy competitivenessa n d v e r y e x i s t e n c e o f a n o r g a n i z a t i o n o n m i c r o a n d m a c r o l e v e l s . This will start with informatory session(s) for the employees about the objective and rationale of the EEO program. disabled persons and other desig natedgroups.EEO committee will collect and record statistics and related . Conclusion I n P a k i s t a n . In Pakistan this is known as´Sifarish´ (personal recommendation) or ´Biradri´ (fraternity). minorities. This culture prevails due to a fragile v a l u e s ys t e m a n d a w e a k e r r u l e o f l a w i n t h e c o un t r y.Next stage will be to confer responsibility for the development and implementation of the EEO program (including a continuous review) on a committee having sufficient authority to develop andi mp l e me n t t h e e q u a l e mp l o yme n t o p p o r t u n i t y p r o g r a m. E E O c o m mi t t e e s h o u l d c o mp r i s e t h e representatives of the management. b u t i mp l e me n t a t i o n .fraternity relationship. ma jo r c h a l l e n g e f o r E E O i s n o t l e g i s l a t i o n . and the employees in general so that they can understand the rationale of this program and whole heartedly support it. T h e e f f e c t i s t h e mo s t r e g r e s s i v e a n d unfavorable for the poor. women. They can also be apprised about the results of an initial EEO assessment of the organization . G o v e r n m e n t a s w e l l a s organizations must initiate an EEO program starting with the education of the policy makers.

including the number. Also the existing policies and practices of the authority in relation to employment should be reviewed to remove discrimination. personal favoritism and coercion. . and all necessary steps have been taken to maintain proper standards of employees´ uprightness.information concerning employment matters in the authority. and have been provided with effective education and training to improve organizational and individual performance. This is to ensure that all employees are being used efficiently and effectively. conduct and concern for the public interest Labour unity labour laws The Constitution of Pakistan contains a range of provisions with regards to labour rights found in Part II: Fundamental Rights and Principles of Policy. This will also guarantee that all employees are protected against arbitrary action. a n d t h e i mp l e me n t a t i o n o f t h e EE O p r o g r a m s h o u l d b e mo n i t o r e d t o a s s e s s t h e achievement of the objectives by comparing relevant data. classification and types of jobs of employees of either sex and designated groups. There should be an analysis of theq u a n t i t a t i v e a n d o t h e r i n d i c a t o r s a g a i n s t wh i c h t h e e f f e c t i v e n e s s o f t h e E EO p r o g r a m w i l l b e a s s e s s e d .

Under the Constitution labour is regarded as a ‘concurrent subject’. farm workers or casual labour engaged by contractors. domestic servants. the Industrial and Commercial Employment (Standing Orders) Ordinance was enacted in 1968 to address the relationship between employer and employee and the contract of employment. their labour contracts are generally unwritten and can be enforced through the courts on the basis of oral evidence or past practice. laws are enacted by the Federal Government. To meet the above named objectives. which means that it is the responsibility of both the Federal and Provincial Governments. • Article 37(e) makes provision for securing just and humane conditions of work. with 47% within the agriculture sector. and for maternity benefits for women in employment. Government’s commitment to development and social welfare. In the case of workers in other establishments. Labour Legislation Pakistans labour laws trace their origination to legislation inherited from India at the time of partition of the Indo-Pak subcontinent. The total labour force of Pakistan is comprised of approximately 37. The laws have evolved through a continuous process of trial to meet the socio-economic conditions.15 million people. • Article 18 proscribes the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business. Contract of Employment While Article 18 of the Constitution affords every citizen with the right to enter upon any lawful profession or occupation. 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.• Article 11 of the Constitution prohibits all forms of slavery. population and labour force explosion. growth of trade unions. state of industrial development. for the sake of uniformity. the government of the Islamic Republic of Pakistan has introduced a number of labour policies.50% in the manufacturing & mining sector and remaining 42.50% in various other professions. The Ordinance applies to all industrial and commercial establishments throughout the country employing 20 or more workers and provides for security of employment. 10. ensuring that children and women are not employed in vocations unsuited to their age or sex. since its independence to mirror the shifts in governance from martial law to democratic governance. However. • Article 17 provides for a fundamental right to exercise the freedom of association and the right to form unions. and to conduct any lawful trade or business. forced labour and child labour. . level of literacy. • Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone.

aimed at regulating the labourmanagement relations in the country. no young person. Similarly. per section 4 of the Factories Act is that which is exclusively engaged in one or more of the following manufacturing processes. If a worker is aggrieved by an order of termination he or she may proceed under Section 46 of the Industrial Relations Ordinance 2002. namely nature and tenure of appointment. the adult worker may work . A seasonal factory. pay allowances and other fringe benefits admissible. in writing. which for technical reasons must be continuous throughout the day. namely. indigo. The Provincial Governments are further empowered to extend the provisions of the Act. To safeguard against any colorful exercise of power. rubber. victimization or unfair labour practices. either him or herself. However. sugar or tea. 1934 no adult employee. Where the factory is a seasonal one. defined as a worker who has completed his or her 18th year of age. discharged or dismissed from service. Working Time and Rest Time * Working hours Under the Factories Act. terms and conditions of appointment.Every employer in an industrial or commercial establishment is required to issue a formal appointment letter at the time of employment of each worker. All terminations of service in any form must be documented in writing stating the reasons for such an act. Forms of termination have been described as removed. and bring his or her grievance to the attention of his or her employer. under the age of 18. if written. an adult worker shall work no more than fifty hours in any week and no more than ten hours in any day. Termination of the Contract The services of a permanent worker cannot be terminated for any reason other than misconduct unless one month’s notice or wages in lieu thereof has been furnished by the employer or by the worker if he or she so chooses to leave his or her service. can be required or permitted to work in any establishment in excess of nine hours a day and 48 hours a week. the manufacture of coffee. The obligatory contents of each labour contract. applies to factories. One month’s wages are calculated on the basis of the average wage earned during the last three months of service. cotton or cotton jute pressing. employing ten or more workers. to even five workers. retrenched. are confined to the main terms and conditions of employment. cotton ginning. can be required or permitted to work in excess of seven hours a day and 42 hours a week. if such adult worker in a factory is engaged in work. the Labour Courts have been given powers to examine and intervene to find out whether there has been a violation of the principles of natural justice and whether any action by the employer was bonafide or unjust. The Factories Act. Other categories of workers are not entitled to notice or pay in lieu of notice. through the shop steward or through his or her trade union within three months of the occurrence of the cause of action. which governs the conditions of work of industrial labour.

accident or authorized leave not exceeding ninety days in the aggregate for all three. The Shops and Establishments Ordinance regulates persons employed in shops and commercial establishments. holidays for a period of fourteen consecutive days. 1934. The Ordinance is applicable to all industrial and commercial establishments employing women excluding the tribal areas. unless he or she has had an interval for rest or meals of at least one hour. who are neither covered by the Factories Act nor by the Mines Act. during the subsequent period of twelve months. 1941 is applicable to women employed in the mines in Pakistan. restricts weekly work hours at 48 hours. Section 22-B of the Mines Act. 1923 also fixes weekly hours of work for workers at 48 hours or 8 hours each day. A worker shall be deemed to have completed a period of twelve months continuous service in a factory notwithstanding any interruption in service during those twelve months brought about by sickness. special reduced working hours are observed in manufacturing. * Paid Leave As provided in the Factories Act. every worker who has completed a period of twelve months continuous service in a factory shall be allowed. The Ordinance is exclusive in the whole of Pakistan except for the Federally Administered Tribal Areas. Section 8 of the West Pakistan Shops and Establishments Ordinance. If a worker fails in any one such period of twelve months to take the whole of the holidays allowed to him or her. one federal and the other provincial providing maternity benefits to women employed in certain occupations. any holidays not taken by him or her shall be added to the holidays allotted to him or her in the succeeding period of twelve months. or by a strike which is not an illegal strike. the Mines Maternity Benefit Act. 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. and authorized leave shall be deemed not to include any weekly holiday allowed under section 35 which occurs at beginning or end of an interruption brought about by the leave. * Other Leave Entitlements . 1969 likewise. commercial and service organizations. with the limitation of spread-over 12 hours and interval for rest for one hour every six hours. It also places restrictions on the dismissal of the woman during her maternity leave. 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. Similarly. Section 22-C further limits the spreadover to 8 hours for work done below ground level. or by intermittent periods of involuntary unemployment not exceeding thirty days in the more than fifty-six hours in any week. The Maternity Benefit Ordinance. there are two central enactments. 1958 stipulates that upon the completion of four months employment or qualifying period. In factories. During Ramadan (fasting month). or by a lock-out. * Maternity Leave and Maternity Protection While article 37 of the Constitution makes reference to maternity benefits for women in employment.

The Act further restricts the employment of a child in a factory to five hours in a day. vary these limits to any span of thirteen hours between 5 a. in the Official Gazette. to remove illiteracy and provide free and compulsory education within the minimum possible period and to make provision for securing just and human conditions of work. 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. The manager of every factory in which children are employed is compelled to . mine or other hazardous employment. the Constitution makes it a Principle of Policy of the State of Pakistan to protect the child. examine such person and ascertain his or her fitness for such work. 1934.e. The Provincial Government under section 49 of the Factories Act. states all festival holidays. Management should not refuse the leave asked for if it is supported by a medical certificate. If however. one day's additional compensatory holiday with full pay and a substitute holiday shall be awarded. Hajj. of the parent or guardian of such person. ensuring that children and women are not employed in vocations unsuited to their age or sex. 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. the Factories Act.m. indicating clearly the periods within which children may be required to work. and 6 a. Sick leave. employees who proceed on pilgrimage i. The Factories Act.. no child or adolescent is allowed to work in a factory between 7 p. on the other hand. causal leave is approved in most cases. The hours of work of a child should thus be arranged in such a way that they are not spread over more than seven-and-a-half hours in any day.In addition to the 14 days of annual leave with pay. Moreover. In addition. Casual leave is granted upon contingent situations such as sudden illness or any other urgent purpose. 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. may be availed of on support of a medical certificate. As a customary practice. workers enjoy festival holidays as declared by the Federal Government. approximately 13 or as further declared. The Provincial Government may. shall on the application of any child or adolescent who wishes to work in a factory. or of the factory in which such person wishes to work. are granted special leave up to 60 days. by notification in the Official Gazette in respect of any class or classes of factories and for the whole year or any part of it. per section 52 of the Act. and 7.m. Minimum Age and Protection of Young Workers Article 11(3) of Pakistan’s Constitution expressly prohibits the employment of children below the age of fourteen years in any factory.m. every worker is entitled to enjoy all such holidays with pay on all days declared and notified by the Provincial Government. It should be obtained on prior application unless the urgency prevents the making of such application. Under agreements made with the Collective Bargaining Agent. Ziarat.m. or. A certifying surgeon. a worker is required to work on any festival holiday. In addition. Umra. Additionally.30 p. In addition to the leave entitlements.

000 or subject to both. the latrines. must be lighted in such manner that safety is fully secured. As long as workers are present in an establishment. Pay Issues Wages are construed as the total remuneration payable to an employed person on the fulfillment . in which he or she is included. creed or race. where his or her group works on shifts. collars. such as food. Rule 7 further calls for proper ventilation in work places where injurious. clutches. ground and all other parts of the establishment in so far as the entrance of the said places is not closed. in such establishment. passages. driving straps. the number of his or her certificate of fitness granted under section 52. pulleys. and landlords and tenants. employed in the establishment. Rule 6 insists on cleanliness in the place of work. The provisions of the Factories Act. facilities for work and adequate livelihood with reasonable rest and leisure and the basic necessities of life. by raising their standard of living. irrespective of sex. sickness or unemployment. if any. caste.maintain a Register of Child Workers identifying the name and age of each child worker in the factory. Repetition of the offense is punishable by imprisonment for a term extending up to two years and shall not be less than six months. shall be securely fenced if in motion and within reach of a child worker and further may not be operated by a child worker. No rubbish. nuts and belts on revolving parts. in every establishment an arrangement of drinking water for child and adolescent workers is to be provided free of charge. within the available resources of the country. the nature of his or her work. keys. irrespective again of their sex. 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. Under the Employment of Children Rules. 1995. creed or race. toothend wheels. couplings. All shafts. 20. for all such citizens. All citizens are bestowed. The Employment of Children Rules extends to the whole of Pakistan with the exception of the State of Azad Jammu and Kashmir and delimits finite labour conditions afforded for the protection of minors. poisonous or asphyxiating gases. Equality Article 38 of the Constitution imparts the State’s obligations aimed at achieving equality in the form of securing the well-being of the people. the relay to which he or she is allotted. clothing. and any such other particulars as may be prescribed. as are permanently or temporarily unable to earn their livelihood on account of infirmity. by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees. 1934 are cited in addition to. In addition. education and medical relief. the group. and not in derogation of the provisions of the Employment of Children Rules. caste. hoists. chains projecting set screws. stairs. dust or other impurities are evolved from any process carried on. housing. filth or debris shall be allowed to accumulate or to remain in any part of the establishment and proper arrangements shall be made for maintaining in a reasonable clean and drained condition for the workers of the establishment.

The persons responsible for payment of wages must fix wage periods not exceeding one month.. such as for fines. the employer’s contribution to a pension or provident fund. The Act stipulates that wages to workers employed in factories and on railways are to be paid within seven days of completion of the wages period. 1969. The main object is to regulate the payment of wages to certain classes of persons employed in industry. the Works Council.68 US$) and are employed in factories. The new text simplifies the system. No deduction can be made from the wages of the workers excepts as specified in the Act. 3. regulates the payment of wages to certain classes of industrial workers. railways. introducing a single body in place of the three previous ones: the Joint Works Council (Article 24 of the IRO 2002). In the previous system. workshops and establishments of contractors. if the number of workers employed therein is less than 1. 1936. forty per cent of which are workers’ representatives. of the Industrial Relations Ordinance. water. whereas the Joint Management Board had a workers’ participation of 30 per cent.e.000. It applies to those workers whose monthly wages do not exceed Rs. Pakistan had a three-pronged system of participation in management (i. be extended to other classes of workers by the Provincial Governments after giving three months notice to the employers of their intention to do so. It includes bonuses and any sum payable for want of a proper notice of discharge. The employer is responsible for the payment of all wages required to be paid to persons employed by him or her.000 (51.e. In other cases.. supply of light. It consists of no more than ten members. The provisions of the Act can. the time limit for payment of wages to the workers is 10 days. traveling allowance or concession or other special expenses entailed by the nature of his or her employment. Similarly any contractor employing persons in an industry is responsible for payment of wages to the persons he or she employs. The Payment of Wages Act.000 or more persons are employed. which repealed the Industrial Relations Ordinance. The Joint Works Council deals with matters. The wages of a person discharged should be paid not later than the second working day after his or her discharge. and any gratuity payable on discharge. plantations. 2002 (IRO 2002). but excludes the value of accommodations i. A Joint Works Council must be set up in any establishment employing fifty persons or more. Workers' Representation in the Enterprise Until the adoption. medical attendance or other amenities excluded by the Provincial Government. however.of his or her contract of employment. Wages should be paid on a working day within seven days of the end of the wage period. the Management Committee and the Joint Management Board). which were of the competency of the earlier Joint . The Convener of the Joint Works Council is from the management. breach of contract and the cost of damage or loss incurred to the factory in any way other than an accident. independent of each other and each having its own sphere of activities. the Management Committee and the Works Council were composed of an equal number of representatives of the employer and workers. or within ten days if 1. on 29 October 2002.

i. to elect their representatives in full freedom. promoting conditions of safety and health for the workers. non-employment. Collective Bargaining and Agreements To determine the representative character of the trade union in industrial disputes and to obtain representation on committees. the terms of employment or any right guaranteed or secured to it or any worker by or under any law. federation or confederation shall have the right to affiliate with international organizations and confederations of workers' and employers' organizations. and if the industry or establishment is nationwide with the National Industrial Relations Commission. The CBA is entitled to undertake collective bargaining with the employer or employers on matters connected with employment. subject to respect of the law. workers as well as employers in any establishment or industry have the right to establish and to join associations of their own choosing. provision of educational facilities for children of workers. Registration of trade unions Registration of a trade union is to be made under the Industrial Relations Ordinance. The agreements may contain matters . taking measures for facilitating good and harmonious working conditions in the establishment. Through its registration. such as the improvement in production. Collective agreements are thus formulated by the CBA. Under Article 3 of the IRO 2002. with their membership contingent on the size of the industry/trade to which they belong. Trade Union and Employers Association Regulation Freedom of association The right to association is guaranteed by Article 17 of the Pakistani Constitution imparting on every citizen the right to form associations or unions.e. after fulfilling a number of requirements. productivity and efficiency. boards and commissions. It has also taken up tasks of the previous Works Council. listed in Article 6 of the IRO 2002. Workers’ trade unions are registered with the Registrar Trade Unions in the Province. Trade unions in Pakistan generally function on plant-wide basis. the trade unions and employers' associations have the right to draw up their constitutions and rules.Management Board. or any award or settlement . to organize their administration and activities and to formulate their programmes. the Industrial Relations Ordinance makes provision for the appointment of a Collective Bargaining Agent (CBA). subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan. public order or morality. provision of minimum facilities for those of the workers employed through contractors who are not covered by the laws relating to welfare of workers. promoting settlement of differences through bilateral negotiations. Once established. the trade union obtains certain benefits: registration confers a legal existence as an entity separate from its members. encouraging vocational training within the establishment. Both workers' and employers' organizations have the right to establish and join federations and confederations and any such organization. The CBA is a registered trade union elected by secret ballot.

Such agreements once duly executed by both parties become the source of law. Similarly. * Arbitration If the conciliation fails. wages and salaries.such as the facilities in the establishment for trade union activities and procedures for settling collective disputes including grievances and disciplinary procedures. the other party has fifteen days (or more if agreed) to try and settle the dispute by bilateral negotiations. In addition to statutory benefits under the labour laws. pension and retirement schemes. The agreements should invariably be in writing and should be drafted with care. holiday entitlement and pay. which used to be brought before a Labour Appellate Tribunal. the Conciliator tries to persuade the parties to refer their dispute to an arbitrator. If they agree. or a tripartite Board of Conciliators. the employer or the CBA may. hours of work. unfair labour practices on the part of workers and trade unions is elaborated and incorporated in law. level of performance. job grading. discharge and dismissal. Appeals of Labour Court decisions now lie directly with provincial High Courts. serve a notice of conciliation on the other party. The arbitrator gives his or her award within a period of 30 days or a period agreed upon by the parties. If the dispute is settled before the Conciliator. lay-offs. the parties make a join request in writing to the arbitrator they have agreed upon. if an employer or a Collective Bargaining Agent finds that an industrial dispute has arisen or is likely to arise. sick pay. Any ill-intentioned action on the part of the employer against an office-bearer of a trade union or against a worker for trade union activities. within fifteen further days. a report is sent to the Provincial or Federal Government. retrenchment. Upon receipt of the communication. with a copy to the Conciliator and to the Labour Court. with the memorandum of settlement. for they are meant to settle disputes rather than raise them. the adjustment of rights takes place through collective bargaining including adjudication in Labour Courts. The award of the arbitrator is final and valid for a period not exceeding two years. they may communicate their views in writing to the other party. Substantive provisions settle terms and conditions of employment. A copy of the award is sent to the provincial or Federal Government. is construed as an unfair practice and the National Industrial Relations Commission is entrusted with the task of preventing such offenses. for publication in the . *Conciliation If the parties do not manage to reach a settlement. Office bearers of trade unions are given protection against arbitrary transfer. Security of service is ensured to the workers. This institution was abolished by the IRO 2002. Collective Labour Disputes * Commencement of a dispute Under the IRO 2002. The IRO 2002 has changed the appellate procedure on the provincial level.

and if the Court is satisfied . within 10 days. After hearing both parties. No party to an industrial dispute may go on strike or declare a lockout during the course of conciliation or arbitration proceedings. provided that the continuance of such a strike or lock-out causes serious hardship to the community or is prejudicial to the national interest. order the strike or lockout to be stopped. In addition. by order in writing. Strikes and Lock-outs * Proceedings of strikes and lock-outs If dispute settlement proceedings before the Conciliator fail and no settlement is reached. In case of contravention of the order of the Court by the employer. Where a strike or lock-out lasts for more than fifteen days. The party raising a dispute retains the option. by order in writing. or while proceedings are pending before the Labour Court. an Officer from the Labour Department may make a report to the Labour Court. The Court may. as well as disputes which are of national importance. * Illegal strikes and lock-outs A strike or lockout is declared illegal if it is commenced without giving notice of conciliation to the other party of the dispute. to appear before the Court. The Commission also deals with cases of unfair labour practices. if it relates to a dispute which the Commission is competent to adjudicate and determine. and if the parties have not agreed to refer their dispute to an arbitrator. Under section 32 of the IRO 2002. either before or after the commencement of a strike or lockout. the Federal and/or the Provincial Government may. also prohibit its occurrence at any time before or after the commencement of the strike or lockout. the Commission. adjudicates and determines industrial disputes to which an industry-wise trade union or federation of such trade unions is a party . 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 case of an illegal strike or lockout. to make an application to the Labour Court for adjudication of the dispute. prohibit the strike or lock-out at any time before the expiry of thirty days. at any time. or the Labour Court shall make such award as it deems fit. as expeditiously as possible but not exceeding thirty days from the date on which the dispute was referred to it. and the employer has the right declare a lock-out after the delay of notice of conciliation has expired. to go on strike providing due notice to their employer within seven days. In such case the Federal Government or the Provincial Government shall forthwith refer the dispute to the Commission or the Labour Court. if a strike or lockout occurs within the public utility services sector the Federal Government and the Provincial Government may. the workers retain the right under section 31 of the Industrial Relations Ordinance 2002.official Gazette. and require the employer or CBA or the registered trade union concerned. the National Industrial Relations Commission (the Commission).

The Provincial Government derives its authority to establish as many Labour Courts as it considers necessary under section 44 of the Ordinance. inquires into or adjudicates any matter relating to the implementation or violation of a settlement which is referred to it by the Provincial Government. the Labour Court may pass orders of dismissal against the striking workers. The IRO 2002 reduces the delay from three months to one month. tries offenses under the Industrial Relations Ordinance. it may order the attachment of the factory and the appointment of an official receiver. * Labour Courts Section 33 of the Industrial Relations Ordinance. or cancel the registration of the trade union that committed such contravention. communicate his or her decision in writing to the worker If the employer fails to communicate a decision within the specified period or if the worker is dissatisfied with such decision. 1898. a worker may bring his or her grievance in respect of any right guaranteed or secured by or under any law or any award or settlement to the notice of the employer in writing. and the issuance of commissions for the examination of witnesses or documents. 1908 (Act V of 1908) including the enforcement of attendance and examination under oath. Each Labour Court is subject to jurisdictional limitations derived by its geographical parameters or with respect to the industry or the classes of cases allocated. 2002 permits any CBA or any employer to apply to the Labour Court for the enforcement of any right guaranteed or secured by law or any award or settlement. In case of contravention of the order of the Court by the workers. Each Labour Court consists of one Presiding Officer appointed by the Provincial Government. the worker or shop steward may take the matter to the Labour Court within a period of two months. While deliberating offenses. An award or decision of a Labour Court is produced in writing and delivered in open Court with . either him or herself or through the shop steward or Collective Bargaining Agent. the Labour Court follows as nearly as possible procedure as prescribed under the Code of Criminal Procedure. and exercises and performs such other powers and functions conferred upon or assigned to it. within one month of the day on which cause of such grievance arises. who will exercise the powers of management and may do all such acts as are necessary for conducting business. the production of documents and material objects.that the pursuance of the lock-out is causing serious hardship to the community or is prejudicial to the national interest. *Settlement of Individual Labour Disputes Pursuant to Article 46 of the IRO 2002. Where a worker brings his or her grievance to the notice of the employer. For purposes of adjudicating and determining any industrial disputes. The Labour Court adjudicates industrial disputes which have been referred to or brought before it. the Labour Court is deemed to be a Civil Court and retains the same powers as are vested in such Court under the Code of Civil Procedure. the employer must within fifteen days of the grievance.

the Provincial Government within a period of one month publishes the award or decision in the Official Gazette. promotions. hiring. and may pass such order. transfers. individuals with disabilities. for the purpose of satisfying itself as to the correctness. underprivileged classes and minorities as a logical step towards equal employment. Any party aggrieved by an award or a decision given or a sentence passed by the Labour Court may now submit an appeal to the High Court (Article 48 of the IRO 2002). is expected to be implemented as a voluntary component of EEO Policy. or propriety of such order. call for the record of any case or proceedings in which a Labour Court within its jurisdiction has passed an order. performance evaluation. testing. Affirmative action (AA) is an effort to Remove the unfair practices of the past in the organizations. Equal employment opportunities in Pakistan Equal Employment Opportunity (EEO) entails discrimination and makes sure that work places are free from any kind of unlawful harassment and hence assists EEO groups to overcome any mishap or past or present disadvantage. may vary or modify an award or decision or decision sanctioned by the Labour Court. Law and Parliamentary Affairs in addition publishes individual Acts through the Official Gazette. discipline. EEO anti-discrimination protections apply to all of the terms and conditions of employment. working environment and other conditions of service. on its own motion at any time. The High Court. Upon receipt. It may. Affirmative Action. The Ministry of Justice.race or an affiliation with any group or any physical disability. in relation thereto as it thinks fit. According to Pakistan`s law it is however mandatory to follow the (EEO) principals. provided that the order does not adversely affect any person without giving such person a reasonable opportunity of being heard. discharge. Official Gazette The Federal Laws of Pakistan are published by the Government in a document called the Gazette of Pakistan. but not limited to recruitment and selection. compensation. In such an workplace all employees are valued and respected regardless of any caste. work assignments. training and development opportunities. AA is a means to make equal grounds for females.color.creed. EEO . The IRO 2002 abolished the Labour Appellate Tribunal. legality. however.two copies subsequently forwarded to the Provincial Government. including.

It would be irrelevant to impose a western concept of EEO that does not targets or adjusts Pakistani culture and value system. and do not appreciate its rationale. . it is not specifically illegal for an employer to ask for a job applicant's date of birth. age discrimination is also prohibited in any apprentice programs unless the employer has a waiver from the EEOC. equal employment for Pakistani organizations cannot be achieved. the ADEA applies only to employers with at least 20 employees. Government and corporate sector do not have a model for EEO. EEO Model For Pakistan: There is no real effort on the national scale to introduce equal employment practices. in any circumstance. This is only a mechanism to avoid unfair practices and biases during employment process. The ADEA also protects employees from retaliation for asserting a claim of age discrimination or participating in a discrimination action or investigation. The EEOC waiver is called a bona-fide occupational qualification or BFOQ. With short-term monetary targets as the top most priority. and applies to companies with at least 20 employees and covers both private and public employers. mean that the managers should hire unqualified candidates in breach of merit. a typical Pakistani employer fails to understand that EEO will contribute to cost effective decision-making and efficient management. In the absence of a viable model for EEO. The ADEA is administered by the Department of Labour's Equal Employment Opportunity Commission (EEOC). That having been said. An article shows that two factors are important for Pakistan`s EEO system. However.does not. Popular opinion is to think of EEO and AA as an additional expenditure that does not contribute to organizational productivity and competitiveness. Identification of specific characteristics of Pakistan`s society Analysis of a survey about discrimination in Pakistan`s society Age Discrimination in Employment Act of 1967 (ADEA) i The Age Discrimination in Employment Act of 1967 (ADEA) protects workers over age 40 from discrimination based on their age. A majority of employers in Pakistan take equal employment and affirmative action (AA) as a western idea not applicable to Pakistani society. If the ADEA applies to your employer.

the PPP MNA. These amendments to the PPC and CCP are designed to address the age-old issue women have faced in patriarchal societies — intimidation in public places — that inhibits them from stepping out of their homes. Provision is made for miscellaneous matters such as delegation. . Towards the same end. It is an offence to do certain things related to age discrimination. Complaints can be made to the Commission about unlawful discrimination. Harassment can be tricky to prove legally. Meticulously drafted. It is unlawful to discriminate on the ground of age in relation to work and certain other areas It is not unlawful to discriminate on the ground of age if a particular exemption is applicable (see Divisions 4 and 5 of Part 4). This is in the form of the Criminal Law (Amendment) Bill that was passed by the National Assembly on Wednesday after having been in the works for months. former minister for women’s development and architect of the newly enacted law under discussion. protection from civil actions etc sexual harassment law in Pakistan : The first step has been taken ‘towards changing the lives of women at the workplace. a bill on domestic violence was adopted by the assembly three months ago.’ to quote Sherry rehman. the document enhances the punishment already prescribed under the law for sexual harassment and facilitates effective prosecution by defining ‘harassment’ unequivocally. This Act has effect subject to certain geographical and constitutional limitations Discrimination on the ground of age can be direct or indirect . Functions are given to the Commission . The effectiveness of the new laws will only be tested when a case is brought before a court of law.SECT 4 Simplified outline The following is a simplified outline of this act : This Act makes it unlawful to discriminate on the ground of age. especially in an environment that is not too friendly towards women and where men have not been sensitised to issues concerning the dignity of women. The political will displayed by the present government to improve the status of women is encouraging.AGE DISCRIMINATION ACT 2004 . Small wonder the existing provisions of the PPC could never be invoked because they were toothless.

In the absence of general awareness of women’s rights and the ingrained perception of male superiority. especially when fears are already being expressed by some men that the law will be misused to ‘settle old scores’? Hence the need of the hour is to educate and conscientise women about their rights so that real and meaningful change is brought to their lives. males-females and all races have a fair opportunity in a hiring process. the onus of taking action will rest on women. Transposition of western gender equality regimes to Pakistan Equal Employment Opportunity prohibits discrimination against anyone. legislation enacted to protect women has not found practical implementation. Conclusion : Thus major challenge of equal employment opportunity is not legislation but implementation which requires a proper monitoring from the unions and the governments itself. It attempts to ensure that all applicants. in competing for promotions. labour and social regulations. she understands well the long struggle women in Pakistan have had to wage to win empowerment. we should also point out that there ‘is a long way yet to go. The main obstacle they have faced is the entrenched social prejudice that relegates women to a subordinate status in public and family life. to be followed by another bill focusing on sexual harassment in the workplace . Not only initiating but firms and government will have to take the responsibility to implement it and monitor it on regular basis to provide proper rights to the employees and ensure equal opportunities Similiarities between western laws and Pakistani laws regarding equal employeement opportunity.Government as well as organizations must initiate an EEO program starting with the education of the policy makers. This calls for a holistic approach with a campaign on several fronts to change existing mindsets. Under the new law. and the employees in general so that they can understand the rationale of this program and wholeheartedly support it.While we welcome the new legislation . They can also be apprised about the results of an initial EEO assessment of the organisation.includingtheCommitteeontheEliminationofDiscriminationag a i n s t Women (CEDAW). One respondent explained the influence of internationalagencies and conventions on gender equality activities in Pakistan thus:Pakistan has been a signatory of different conventions like CEDAW. Very often women themselves are so conditioned that they fail to put up the fight needed to win their rights. and equal access to training/professional development opportunities The results of our interviews with the policymakers and documentary analysesrevealthatthegenderequalitydebateinPakistanisstronglyinfluence d b y international agencies as well as agreements of trade. As the moving spirit behind this law.’ as Ms Rehman cautioned. In2000 the Government of Pakistan conducted a study with the help ofAsianD e v e l o p m e n t B a n k . Thisinvolves taking responsibility for empowering women and in economicactivities and also mainstreaming gender equality in all walks of life. Will they take the initiative. T h e y f o u n d t h a t t h e i n c l u s i o n o f w o m e n i n . This will start with informatory session(s) for the employees about the objective and rationale of the EEO program.

t h e g e n d e r p r o .w h i c h i n c l u d e s a n u n d e r s t a n d i n g o f h e r o w n s o c i a l c o n d i t i o n i n g . if the government wanted todo something for women they would establish a technical centre for them I N T E R N A T I O N A L T R A N S F E R O F G E N D E R E Q U A L I T Y I N E M P L O Y M E N T 9 © 2010 Blackwell Publishing Ltd Volume ** Number ** ** 2010 to teach cutting. The empowerment of a woman is a twofold process.. the three respondents from Pakistan note that the transposition of western discourses does not often lead to workablepolicies. social and political Empowerment ofwomen. Or they would set up a d i s p e n s a r y specifically for women to educate them. practices or strategies in Pakistan. working towards an environment of democratic principles which w i l l allow her to participate actively and equitably in all spheres of life. One of the reasons for this is theunique nature of the gender relations that are at work in Pakistan Read more: Equal employment opportunities in pakistan | Law Teacher http://www.php#ixzz2MT1jComt Follow us: @lawteachernet on Twitter | LawTeacherNet on Facebook .p u b l i c activity is a development activity. capacities and rights. S e c o n d l y .lawteacher..It is also clear that they relate the agenda of gender equality to the overall project of democracy in Pakistani society:I n o r d e r t o a d d r e s s t h e g e n d e r d i s p a r i t i e s i n P a k i s t a n .net/employment-law/essays/equal-employment-opportunitiesin-pakistan-employment-law-essay. However. Previously.gramme will focus on the economic. Firstly. (Government official)T h e e m p h a s i s o n g e n d e r e m p o w e r m e n t i s v i s i b l e i n o f fi c i a l p o l i c i e s a n d mission statements of various projects undertaken by international agencies.. (NGOpolicy document)In order to account for the significant role of international agencies one of ourinformants explained that the indigenous feminist movement is very weak inPakistan and that gender equality discourses are imported through theseinternational agencies. theprocess of increasing awareness of her potential. sewing and so on.