Comparative Analysis of Canada and Pakistan Constitutional law &

Employment Law

Constitutional Law : Constitutional law is a body of law which defines the role, powers, and
structure of different entities within a state, namely, the executive, the parliament or legislature,
and the judiciary; as well as the basic rights of citizens.

Canadians Constitutional Law

Canadian constitutional law (French: droit constitutionnel du Canada) is the area of Canadian
law relating to the interpretation and application of the Constitution of Canada by the courts. All
laws of Canada, both provincial and federal, must conform to the Constitution and any laws
inconsistent with the Constitution have no force or effect.The Constitution of Canada consists of
a series of acts and orders passed since 1867 by the British and Canadian Parliaments.1 These
separate acts and orders begin with the British North America Act of 1867 and end with the

Constitution Act of 1982. Sections 1 to 34 of Part 1 of the Constitution Act of 1982 are called the
Canadian Charter of Rights and Freedoms.

The Supreme Law of Canada, It has a pervasive impact on employment practices, as it does on
all spheres of Canadian Society

Human Rights
Human rights legislation: prohibits discrimination in both employment and the provision of
goods and services (e.g., rental housing, service-in restaurants)

Legislation generally establishes human rights commissions or tribunals to deal with complaints,
including those involving employment discrimination.

Human Rights Law

Section 8 of the Canadian Human Rights Act refers to a “a prohibited ground of discrimination.”
The following are grounds on which discrimination is prohibited:

 Race, national or ethnic origin, colour, religion, age, sex (including pregnancy and
childbirth), marital status, family status, mental or physical disability, pardoned
conviction, sexual orientation
Employment equity
The elimination of discriminatory practices that prevent the entry or retention of
members from designated groups in the workplace, and the elimination of unequal
 treatment in the workplace related to membership in a designated group (e.g., women,
visible minorities, Aboriginal peoples, and people with disabilities Employment

Labor Law
Federal/Provincial labor laws: stipulate the rights of the employees to organize trade
unions and to bargain collective agreements with employers
 Collective agreements: set out the conditions for unionized employees (e.g., Promotion,
lateral transfer and demotion)

Benefits of Implementing Employment Equity

 A work force representative of Canadian culture and diversity

 An increase in global competitiveness and productivity
 High employee morale and decreased absenteeism
 Amicable relationships with customers and clients
 Enhanced corporate reputation
 Increased profitability and a better bottom line

Canadian Employment Law: Knowing Your Employee Rights

The fundamental principle of decency at work underlies all labour standards legislation..."
Fairness at Work: Federal Labour Standards for the 21st Century. 

In terms of employee rights, we've come an awful long way from 1872. That was the first-ever
year of our annual Labour Day parade. Back then – if you can imagine this – it was still a crime
to be a member of a union in Canada, under the law of criminal conspiracy.

This initial parade called for the release of 24 imprisoned leaders of the Toronto Typographical
Union. They'd been arrested for going on strike to (gasp) reduce their workweek to a mere 58
hours! Today that standard workweek is between 40 to 48 hours.

Clearly, workplace laws have improved dramatically since that Draconian period. Yet many
employees still don't know what their rights and obligations are. Since being informed can help
you stand up for yourself in your job, we've assembled some helpful resources for you.

Acts That Cover Your Basic Employment Rights

Hours of work, minimum wages, sick days, vacation and severance provisions…all of these and
many more related items are spelled out as Employment Standards. These are the minimum
standards established by law that define and guarantee rights in the workplace.

Most workers in Canada - about 90 percent - are protected by the employment laws of their
province or territory. Each province and territory has its own legislation. It's compulsory to place
an Employment Standards Act poster in plain sight of employees for workplaces covered by this
legislation.

The other 10% of Canadian employees work in places that are federally regulated. If you are
such an employee, the Labour Program administers the federal labour standards that define
employment conditions in your place of work. Find out if you work in a federally regulated
business or industry. If so, your employment is governed by the Canada Labour Code.

Acts That Cover Discrimination and Employment Equity

The Canadian Human Rights Act (CHRA) prohibits discrimination based on gender, race,
ethnicity, age and several other grounds. It came into force back in 1985. Since then, it has been
updated ongoingly.

Another piece of legislation in this area is the Employment Equity Act (EEA), which falls under
the Department of Justice Canada. These laws are meant to protect the rights of four "designated
groups" in particular: women, people with disabilities, Aboriginal people, and visible minorities.

The Canadian Human Rights Act functions alongside the Employment Equity Act. The
significant difference between the two is that the CHRA prohibits discrimination in general. In
contrast, the EEA requires employers to use measures that improve employment opportunities
for the four designated groups.

Pakistan Constitutional & Employment Law

The Constitution of the Islamic Republic of Pakistan , also known as the 1973 Constitution, is
the supreme law of Pakistan. Drafted by the government of Zulfiqar Ali Bhutto, with additional
assistance from the country's opposition parties, it was approved by the Parliament on 10 April and
ratified on 14 August 1973. A permanent Constitution of Pakistan became effective as of 14
August 1973. The Constitution , as amended up to December 2003, provides for a federal
democratic State, based on Islamic principles of social justice, though Pakistan has often
alternated between civilian rule and extended periods of military rule.
 Labour Rights in the Constitution

The Constitution of Pakistan contains a range of provisions with regards to labour rights found in
Part II: Fundamental Rights and Principles of Policy.

 Article 11 of the Constitution prohibits all forms of slavery, forced labour and child
labour;
 Article 17 provides for a fundamental right to exercise the freedom of association and the
right to form unions;
 Article 18 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
that children and women are not employed in vocations unsuited to their age or sex, and
for maternity benefits for women in employment.  

Contract of Employment

 While Article 18 of the Constitution affords every citizen with the right to enter
upon any lawful profession or occupation, and to conduct any lawful trade or
business, 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. The Ordinance applies to all industrial
and commercial establishments throughout the country employing 20 or more
workers and provides for security of employment. In the case of workers in other
establishments, domestic servants, farm workers or casual labour engaged by
contractors, their labour contracts are generally unwritten and can be enforced
through the courts on the basis of oral evidence or past practice.
 Every employer in an industrial or commercial establishment is required to issue a
formal appointment letter at the time of employment of each worker. The
obligatory contents of each labour contract, if written, are confined to the main
terms and conditions of employment, namely nature and tenure of appointment,
pay allowances and other fringe benefits admissible, terms and conditions of
appointment
 Working Time and Rest Time

 Under the Factories Act, 1934 no adult employee, defined as a worker who has
completed his or her 18th year of age, can be required or permitted to work in any
establishment in excess of nine hours a day and 48 hours a week. Similarly, no young
person, under the age of 18, can be required or permitted to work in excess of seven
hours a day and 42 hours a week. The Factories Act, which governs the conditions of
work of industrial labour, applies to factories, employing ten or more workers. The
Provincial Governments are further empowered to extend the provisions of the Act,
to even five workers.

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, irrespective of sex,
caste, creed or race, by raising their standard of living, 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, and landlords and tenants. All citizens
are bestowed, within the available resources of the country, facilities for work and
adequate livelihood with reasonable rest and leisure and the basic necessities of
life, such as food, clothing, housing, education and medical relief, for all such
citizens, irrespective again of their sex, caste, creed or race, as are permanently or
temporarily unable to earn their livelihood on account of infirmity, sickness or
unemployment.

Discrimination
The constitution of Islamic Republic Of Pakistan Act , 1973 guarantees citizens
protection against discrimination on the basis of gender , caste , religion, race,
place of birth etc. The constitution provides safeguards against discrimination in
service of Pakistan. The law ensures that all disabled person that are entitled to
the terms and conditions which are not less favourable than those guranted to
other persons employed by establishment.

Suggestion about these law for both Country

1) The employment service should remove economic obstacles to geographical
transfers which it considers necessary by such means as financial assistance.
2) The employment Law should co-operate with other public and private bodies
concerned with employment problems.
3) There is freedom of choice of employment and the fullest possible opportunity
for each worker to qualify for, and to use his skills and endowments in, a job
 for which he is well suited, irrespective of race, colour, sex, religion, political
opinion, national extraction or social origin.
4) Make sure that in any field discrimination must be avoided
5) Follow the constitution of Pakistan to meet and solve the challenges of
problems
6) Develop the best employment plan for right people for right jobs
7) Gave the chance to the men as well as women’s for the betterment of country
as well as their wellbeing.
8) Working hours are not excessive
9) Enhancing candidate experience is a good recommendation to improve
recruitment and selection process
10) In constitution of Pakistan there should be a clear law about 40% quota for
men ,40% quota for women ,10% quota for disables & finally 10% for
transgender.
11) Age limits must be increased for any job or CSS Test
12) Labour wages should be increased as per increased of inflation
13) Government should be announce funds for old or retired workers
14) Provide online jobs for those who spend their time at home
15) Constitution must be according to covers the needs of country.