Provision in constitution related to women, slavery etc in labor law

Pakistani Laws
Down below are some of the laws and its rules that deal with issues relevant to employment and
labor.

1- Apprenticeship Ordinance
According to ILO and Pakistan Apprenticeship Ordinance 1962, apprenticeship is "any system
by which an employer undertakes by contract to employ a young person and to train him or have
him trained systematically for a trade for a period the duration of which has been fixed in
advance and in the course of which the apprentice is bound to work in the employer's service".
 This definition explains that period of apprenticeship is fixed in advance and the training is done
under a signed contract.

Applicability of Law
 This law is applicable to all industrial establishments that is businesses which are
involved in production.
 Any establishment wherein fifty or more persons are employed.
 The law requires that at least 20% of total persons employed in apprentice able trade (s)
to be recruited by the industrial establishment.

Requirements
 Age limit for apprentices is 15-20 years (in Sindh Province, this limit is 14-25 years).
However, the Competent Authority can extend age limit for some of the trades. The
fundamental requirement is that no child below the age of fourteen should be hired as an
apprentice.
 The minimum educational qualification is Matric (SSC). However, it varies from trade to
trade and is publicly notified by the employer in advance with the approval of competent
authority.

Composition of Apprenticeship Program

The apprenticeship program has two components
I. On-Job-Training (OJT)/Theoretical Instruction
II. Off-Job-Training/Practical Training
The law requires that at least 75% of an apprentice's working hours be devoted to practical
training while 25% be allocated for theoretical instruction. The theoretical instruction is arranged
in apprenticeship training centers and vocational training centers. All costs of such trainings are
borne by employer.

2- The Children (Pledging of Labor) Act 1933

According to the children (Pledging for Labor) act, an agreement to pledge the labor of a child is
“an agreement, written or oral, express or implied, whereby the parent or gradian of a child, in
return of payment or benefit received or to be received by hum, undertakes to cause or allow the
services of the child, to be utilized in any employment; provided that an agreement made without
detriment to a child and not made in consideration of any benefit other than responsible wages to
bae paid for the child’s services and terminable at not more than a week’s notice, is not an
agreement within the meaning of this definition”
Child means “a person who is under 15 years of age.”
Guardian means “any person in legal custody of or in control over the child.”
An agreement to pledge the labor of a child shall be void.

Penalty
 Sections 4: Whoever, being the parent or guardian of a child, makes an agreement to
pledge the labor of that child, will be punished with fine which may extend to fifty
rupees.
 Section 5: Whoever makes with the parent or guardian of a child an agreement whereby
such parent or guardian pledges the labor of the child shall be punished with fine which
may extend to two hundred rupees.
 Section 6: Whoever, knowing or having reason to believe that an agreement has-been
made to pledge the labor of a child, in furtherance of such agreement employs such child,
or permits such child to be employed in any premises or place under his control, shall be
punished with fine which may extend to two hundred-rupees.

Amendments; Act II of 1933

 In the Children (Pledging of Labor) Act, 1933 (II of 1933), hereinafter referred to the said
Act, in Section 4, for the word “fifty” the words “twenty thousand” shall be substituted.
 In the said Act, in Section 5, for the words “two hundred” the words” twenty thousand”
shall be substituted.
 In the said Act, in Section 6, for the words “ fine which may extend to two hundred
rupees” the words “imprisonment for a term which shall not be less than six months but
which may extend to one year, or with fine which may extend to twenty thousand rupees
or with both” shall be substituted. 

Addition of New Section

In the said Act, after Section 6 as amended, the following new Section shall be added, namely:
Penalty for Making second Default.- Whoever, having been convicted of an offence under
Section 4, 5 or 6, commits a like offence afterwards, shall be punished with imprisonment of
either description for a term which shall not be less than six months nor more than two years or
with fine of twenty thousand rupees or with both.

3- The Companies Profits (Workers' Participation) ACT, 1968

The WPPF Act is enacted to provide for participation of workers in the profits of companies.
This law ensures welfare of workers, and provide them with social security in the shape of a
share in the profits of their employer company. The profit-sharing plan gives the employees a
share in profits, which is primarily aimed to give them a sense of ownership and greater
participation in the company.
According to WWPF “worker” in relation to a company, means an employee of the
company including employed by or through the contractors, who falls within the definition of a
worker as defined in clause (xxx) of section 2 of the Industrial Relations Ordinance, 2002 (XCI
of 2002) and has been working.

Establishment of Fund
1. Every company to which the scheme applies shall:
 Establish a Workers' Participation Fund in accordance with the scheme as soon as the
accounts for the year in which the scheme becomes applicable to it are finalized, but not
later than nine months after the close of that year;
 Subject to adjustments, if any, pay every year to the Fund not later than nine months after
the close of that year five percent of its profits during such year, which shall, where the
accounts have been audited by an auditor appointed under Section 23 of the Industrial
Relations Ordinance, 1969 be assessed on the basis of such audit; and
 Furnish to the Federal Government and the Board, not later than nine months after the
close of every year of account, its audited accounts for that year, duly signed by its
auditors.
2. The amount paid to the Fund under clause (b) of sub-section (I) in relation to a year shall
be deemed to have been allocated to the Fund on the first day of the year next succeeding
that year.

Short Title and Commencement

 This Act may be called the Companies’ Profits (Workers’ Participation) Act, 1968.
 It extends to the whole of [the Punjab].
 It shall come into force at once.

Eligibility to Benefits of Scheme.

All workers shall be eligible to the benefits of the scheme and to participate in the Fund.
However, a worker not completing six months of employment with the company during a year of
account shall not participate in the Fund in respect of that year.

Penalty
1. Where a company to which the scheme applies fails to comply with any of the provisions
of this Act or the scheme, every director; manager or other officer responsible for the
management of the affairs of the company, shall, if the Federal Government by order so
directs, pay by way of penalty a sum which may extend to 5000 rupees and, in case of a
 continuing failure, a further sum which may extend to one thousand rupees for every day
after the first during which the failure continues.
2. Where a company fails to comply with the orders of the committee under subsection (3)
of section 4A, every director, manager or other officer responsible for the management of
the affairs of the company, shall be liable to the administrative penalty, not exceeding one
hundred thousand rupees, in the manner prescribed; but, in case of continuing failure,
shall be liable to additional administrative penalty, not exceeding twenty thousand
rupees, for every day after the first day during which the failure continues.
3. A penalty imposed by an order under sub-section shall, if it is not paid within the time
specified in the order, be recoverable as an arrears of land revenue.
4. The Federal Government may, upon an application made in this behalf by any person
aggrieved by an order made under sub-section (1) within a period of six months from the
date of the order, review the order and may upon such review pass such order as it may
think fit.
5. Notwithstanding anything contained in this Act or the scheme, if any defaulting employer
strictly complies with the provisions of section 3 and distributes the benefits in
accordance with paragraph 4 of the scheme for the period of default on or before the date
fixed by the Federal Government, no such penalty shall be imposed and the company
shall not be liable to pay interest as provided in paragraph 2 of the scheme.

4- The Disabled Persons (Employment and Rehabilitation) Ordinance 1981

It is an Ordinance to provide for the employment, rehabilitation and welfare of disabled persons.
According to this ordinance “disabled person” means a person who, on account of injury,
disease or congenital deformity, is handicapped for undertaking any gainful profession or
employment in order to earn his livelihood, and includes a person who is blind, deaf, physically
handicapped or mentally retarded.
“employee” means a regular or whole-time employee whether employed on daily, weekly or
monthly basis, and includes an apprentice;

Application of Law

1. Establishments to Employ Disabled Persons.

(1) Not less than one per cent of the total number of persons employed by an establishment at
any time shall be disabled persons whose names have been registered with the
Employment Exchange of the area in which such establishment is located and against
whose names in the register maintained under section 12 an endorsement exists to the
effect that they are fit to work.
(2) The disabled persons employed against any post in pursuance of sub-section (1) shall be
entitled to the terms and conditions which are not less favourable than those of the other
persons employed by the establishment against similar posts.
 (3) When calculating the percentage of the posts in an establishment for the purposes of
employment of disabled persons, the fraction of 0.5 and above shall count as a whole
number.

Establishment to Pay to the Fund

 An establishment which does not employ a disabled person as required by section 10 shall pay
into the Funds each month the sum of money it would have paid as salary or wages to a disabled
person had he been employed.

Registration of Disabled Persons.

(1) Any disabled persons desirous of being employed or otherwise rehabilitated may
have his name registered in the register maintained by an Employment Exchange in
such form and in such manner as may be prescribed by the Federal Government; and
the Employment Exchange shall refer all names so registered to the Provincial
Council.
(2) The Provincial Council shall, if it thinks necessary, cause each disabled person
registered under sub-section (1) to be assessed as to the nature of his functional
disability and also as to his aptitude and the nature of work he is fit to do by a medical
officer authorized by it in his behalf or by such assessing board consisting of not less
than one medical officer as it may appoint, and the medical officer or, as the case may
be, the assessing board shall submit its report to the Provincial Council in such form
as may be prescribed by the Provincial Government.
(3) If the disabled person is considered by the Provincial Council fit to work, it shall so
inform the Employment Exchange, indicating the nature of work for which he may be
employed or the trade or vocation in which he may be trained, and an endorsement to
that effect shall be made against his name in the register.
(4) If the disabled person is not considered by the Provincial Council fit to work, the
Provincial Council shall inform the Employment Exchange accordingly for an
endorsement to that effect being made against his name in the register, and the
Provincial Council shall take such measures for his rehabilitation as it thinks fit.
(5) If a person is declared by the Provincial Council not to be a disabled person, his name
shall be struck off the register.

Establishment of Training Centers

The Provincial Council shall arrange for the training of disabled persons in such trades or
vocations as it thinks fit, and shall establish training centers in such trades or vocations and in
such manner as may be prescribed by the Provincial Government.
Establishments to Furnish Information
Every Establishment shall furnish to such person or authority such information required for the
implementation of the provisions of this Ordinance in such form and in such manner as the
National Council may, by notification in the official Gazette, specify.

Power to debar further employment

(1) The Provincial Council may debar from further employment or training for such period as
may be specified by it any disabled person who, without valid reason, refuses to accept or
abandons his employment or training under this Ordinance or otherwise acts in a manner
detrimental to the interests of the trade or profession in which he is employed or undergoing
training.
(2) No disabled person shall be debarred under sub-section (1) unless he has been given an
opportunity of being heard.

Appeal
(1) Any person aggrieved by an order under section 15 may prefer an appeal to the National
Council within thirty days of the date of the order.
(2) The National Council may call for the record of the case and may, after giving the parties an
opportunity of being heard or after making such further enquiry as it thinks fit, stay or suspend
the operation of the order or may pass such order as it thinks fit.

Fund
(1) There shall be established by the Federal Government a Fund to be known as the Disabled
Persons Rehabilitation Fund which shall comprise
 all sums paid by the establishment under section 11;
 all grants, if any, made by the Federal Government, Provincial Governments or local
bodies; and
 donations, if any, made by private individuals.
(2) The Fund shall be administered by the National Council which shall, in consultation with the
Federal Government, make such allocations to the Provincial Councils as it thinks necessary.
(3) The Fund shall be utilized for
 the establishment of training centres for disabled persons;
 financial assistance to disabled persons who are not fit to undertake any employment;
 disbursement of stipends or scholarships to disabled persons receiving training;
 the welfare of disabled persons; and
 providing artificial limbs, surgical therapy and medical treatment to disabled persons.

Penalty
Any establishment which fails to pay into the Fund any sum it is required to pay under section 11
shall be punishable with fine which may extend to one thousand rupees and, in the case of non-
payment of fine, with an additional fine which may extend to ten rupees for every day during
which the payment of fine is not made.

5- The Employees' Cost of Living (Relief) Act, 1973

It is an act to provide for payment of a cost of living allowance to employees.
According to this act:
 “cost of living allowance" means an amount payable under the provisions of this Act.
 "employee" means any person employed, whether directly or through any other person,
for wages, to do any skilled or unskilled, intellectual, technical, clerical, manual or other
work in, or in connection with the affairs of, an undertaking, under any contract of
service or apprenticeship, whether written or oral, express or implied and includes such a
person when laid off, but does not include a person for whom a provision has been, or
may be made by the 4[Government or Federal Government] for grant of an allowance
intended to provide relief due to a rise in the cost of living.
 "employer" in relation to an undertaking, means any person who employs, either
directly or through any other person, whether on behalf of himself or any other person,
any employee, and includes--
(i)  a body of persons, whether incorporated or not;
(ii)  a person who has ultimate control over the affairs of an undertaking including the owner of
the undertaking, or where the affairs of any undertaking are entrusted to any other person
(whether called a managing agent, director, manager, agent, superintendent, secretary,
representative of the owner or by any other name), such other person, or in any other case, any
person responsible to the owner for supervision and control of an employee or for payment of his
wages; and
(iii) an heir, successor, administrator or assignee, as the case may be, of such person or
association of persons;
 “wages” means remuneration for services, [***] payable, in cash to an employee
without taking account of deductions for any purpose, under a contract of service or
apprenticeship, written, oral, express or implied, and includes any dearness allowance or
other addition in respect of the cost of living payable or paid the period preceding the first
day of August, 1973, and any payment by the employer in respect of any period of
authorized leave, but does not include --
(i)  any payment for overtime, or
(ii)  any sum paid to an employee to defray special expenses entailed by the
nature of his employment; or
(iii)  any gratuity payable on discharge; or
(iv)  any sum paid as bonus, house rent, conveyance allowance, traveling allowance or any other
allowance.
 Application of Law

Cost of living Allowance

1. Every employee (whose wages do not exceed seven hundred and thirty-five rupees) shall, in
respect of his employment on or after the first day of August, 1973, whether on time-work or
piece-work basis, be paid by his employer a cost of living allowance
a) equal to thirty-five rupees per month, if his wages do not exceed seven hundred rupees; or
b) at such rate as, together with his wages, makes a total of seven hundred and thirty-five rupees
per month, if his wages are more than seven hundred rupees.
2. In addition to the cost of living allowance admissible under sub-section (1), if any, every
employee (whose wages do not exceed one thousand and one hundred rupees) shall, in respect of
his employment, on or after the eighth day of June, 1974, whether on time work or piece-work
basis, be paid by his employer a cost of living allowance ,—
(a)  equal to fifty rupees per month or 10 per cent of his monthly wages, whichever is more, if his
wages do not exceed one thousand rupees; or
(b)  at such rate as together with his wages, makes a total of one thousand and one hundred
rupees per month, if his wages exceed one thousand rupees (but are less than one thousand and
one hundred rupees)
3. In addition to the cost of living allowance admissible under sub-section (1) or, as the case
may be, sub-section (2), if any, every employee shall in respect of his employment, on or
after the seventh day of April, 1975, whether on time-work or piece-work basis, be paid by
his employer a cost of living allowance equal to twenty-five rupees per month
4. In addition to the cost of living allowance admissible under sub-section (1) and (2) or, as the
case may be, sub-section (3), if any, every employee whose wages do not exceed one
thousand and five hundred rupees shall, in respect of his employment on or after the first day
of July, 1980 whether on time-work or piece-work basis, be paid by his employer a cost of
living allowance equal to Rs. 40/- per month:
Provided that the said cost of living allowance shall be set off -
(a) against the amount payable under an agreement or settlement reached, or an award given,
under the 8[Punjab Industrial Relations Act 2010 (XIX of 2010)] which has been announced and
become effective on or after the 1st day of January, 1980 or which is announced and becomes
effective within a period of one year of the commencement 9 of the Employees' Cost of Living
(Relief) (Amendment) Ordinance, 1980; and
(b) against the amount payable under an award given under the Newspaper Employees'
(Conditions of Service) Act, 1973 (LVII of 1973), which becomes effective from the fifteenth
day of April, 1980).
5. In addition to the "Cost of living allowance admissible under sub-sections (1), (2) and (3) or,
as the case may be sub-section (4), if any, every employee whose wages do not exceed Rs.
1500 shall, in respect of his employment on or after the first day of July, 1981, whether on
 time-work or piece- work basis, be paid by his employer a cost of living allowance equal to
Rs. 40 per month:
Provided that the said cost of living allowance shall be set off:
(a)  against the amount payable as a relief due to rise in the cost of living under an agreement or
settlement reached, or an award given under the 2[Punjab Industrial Relations Act 2010 (XIX of
2010)] which has been announced and became effective on or after the first day of January,
1981, or which is announced and becomes effective within a period of one year of the
commencement of the Employees' Cost of Living (Relief) (Amendment) Ordinance, 1981; and
(b)  against the amount payable under an agreement or settlement reached and enforced on the
1st day of July, 1981, under which employees get increases at regular intervals on the basis of a
rise in the cost of living3;
6. In addition to the "cost of living allowance admissible under sub-sections (1), (2), (3) and
(4),or, as the case may be sub-section (5), if any, every employee whose wages do not exceed
Rs. 1500 shall, in respect of his employment on or after the first day of July 1985, whether on
time-work or piece- work basis, be paid by his employer an increase in wages at the rate of
13.5 percent of his wages;
Provided that the said increase in wages shall be set off --
(a)  against the amount payable as a relief due to rise in the cost of living under an agreement or
settlement reached, or an award given, under the 7[Punjab Industrial Relations Act 2010 (XIX of
2010)] which has been announced and became effective on or after the first day of January,
1984; and
(b)  against the amount payable under an agreement or settlement reached and in-force on the
first day of July, 1985, under which employees get increase at regular
8 intervals on the basis of a rise in the cost of living .
7. In addition to the cost of living allowance admissible under sub-section (1), (2), (3), (4), (5),
or, as the case may be, sub-section (6), if any, every employee whose wages do not exceed
one thousand five hundred rupees shall, in respect of his employment on or after the first day
of July, 1986, whether on time-work or piece-work basis, be paid by his employer an
increase in wages at the rate of 18 per cent of his wages;
Provided that the said increase in wages shall be set off--
(a) against the amount payable as a relief due to rise in the cost of living under an agreement or
settlement reached, or an award given, under the 3[Punjab Industrial Relations Act 2010 (XIX of
2010)] which has been amended and became effective on or after the first day of January, 1984;
(b) against the amount payable under an agreement or settlement reached and in force on the first
day of July, 1986, under which employees get increases at regular intervals on the basis of a rise
in the cost of living; and
(c) against the amount payable as an increase in wages under sub-section (6).
Cost of living allowance in addition to that admissible under section 3
In addition to the cost of living allowance admissible under section 3, if any, every employee
shall, in respect of his employment on or after the first day of December, 1990, whether on time-
work or piece-work basis, be paid by his employer, a cost of living allowance at such rate and in
such area or areas, as the 5[Government] may, from time to time, by notification in the official
Gazette, specify

Responsibility for Payment of Cost of Living Allowance

Every employer shall be responsible for the payment of the cost of living allowance required to
be paid under this Act.

Time for Payment of Cost of Living Allowance

The cost of living allowance shall be paid along with wages in accordance with any custom,
usage practice or law applicable to the undertaking:

Penalty
Any employer who contravenes any provision of this Act shall be punishable with simple
imprisonment for a term which may extend to six months, or with fine which may extend to two
thousand rupees, or with both.

6- Employees Old Age Benefit Act, 1976

This is an act to repeal and re-enact the law relating to old-age benefits for the persons employed
in industrial, commercial and other organizations.

Short Title and Commencement

 This Ordinance may be called the Employees' Old-Age Benefits Act, 1976,
 It extends to the whole of Pakistan.
 It shall come into force at once.
 It applies to every industry or establishment wherein ten or more persons are employed,
directly or through any other person, whether on behalf of himself or any other person, or
were so employed on any day during the preceding twelve months, and shall continue to
apply to every such industry or establishment even if the number of persons employed
therein is, at any time after this Act becomes applicable to it, reduced to less than ten.

Benefits
 An insured person shall be entitled to old-age allowance at the rate of seventy-five rupees
per month provided that:
(a) he is over fifty-five years of age or, in the case of a woman, fifty years;
(b) he has retired from insurable employment; and
 (c) contributions in respect of him were payable for not less than fifteen years: Provided
that the old-age allowance shall be increased by five rupees per month for every
additional year of insurable employment beyond the age specified in clause (a).
 An insured person who sustains invalidity shall be entitled to an invalidity allowance at
the rate of seventy-live rupees per month, provided that:
a) contributions in respect of him were payable for not less than fifteen years; or
b) contributions in respect of him were payable for not less than five years since his entry
into insurable employment and for not less than three years preceding the month in which
he sustains invalidity; and
c) in either case, he is under fifty-five years of age, or fifty years in the case of a woman.

Penalties
If any person:
(a) for the purpose of obtaining an allowance, or denial of any payment or allowance, under
this Act, whether for himself or some other person, or for the purpose of avoiding any payment
to be made by himself or any other person under this Act --
(i) knowingly makes or causes to be made false statement or false representation; or
(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any
document or information which he knows to be false in any material particular; or
(b) fails to pay any contribution which under this Act he is liable to pay; or
(c) recovers or attempts to recover from an insured person, or deducts or attempts to deduct
from his wages, the whole or any part of the contribution; or
(d) fails or refuses to submit any return required by this Act, or regulations or makes a false
return; or
(e) obstructs any official of the Institution in the discharge of his duties; or
(f) is guilty of any contravention of, or non-compliance with any of the provisions of this Act or
the rules or the regulations;
he shall be punished with imprisonment for a term which may extend to two years, or with
fine which may extend to ten thousand rupees, or with both.

7- Hazardous Occupations Rules, 1963

Short title and application

 These rules may be called the West Pakistan Hazardous Occupations (Miscellaneous)
Rules, 1963.
 They shall apply to all factories in which any operation specific in the Schedule is carried
on.
Rules

Declaration of Operations as Hazardous

The operations specified in the Schedule are declared to be hazardous operation when carried on
in a factory.

Prohibition of the Employment of Children and Adolescents

 No child shall be employed in any factory in any of the operations specified in the
Schedule.
 No adolescent shall be employed in any factory in any of the operations specified in
items 1 to 7 of the Schedule.

 No female adolescent shall be employed in any factory in any of the operations specified
in items 8 and 9 of the Schedule.

Medical Certification and Examination

 No person shall be employed in any factory for more than 15 days in the year in any of the
operations specified in the Schedule unless a certificate of fitness in the Form appended to
these rules is granted to him by a certifying surgeon appointed under section 12 of
Factories Act, 1934, is in the custody of the manager of the factory.
 The Chief Inspector of Factories may require that any person granted a certificate under
sub-rule (1) shall carry with him, while at work, a token giving reference to such
certificate.
 Every person so employed shall be medically examined by a certifying surgeon at
intervals of not more than six months and a record of such examinations shall be entered
in the Form appended by these rules and be preserved by the manager of the factory.
 If at any tune the certifying surgeon is of opinion that any person is no longer fit for
employment in any of the operations specified in the Schedule, he shall cancel the
certificate of fitness of that person.
 No person whose certificate of fitness has been cancelled, shall be employed in any of the
operations specified in the Schedule unless the certifying surgeon again certifies him to be
fit.
 The fees for examination under this rule, as may be fixed by the Chief Inspector, shall be
borne by the employer.

SCHEDULE
1. The manufacture or recovery of any of the following:
 Carbonates, chromates, chlorates, oxides or hydroxides of potassium, sodium, iron,
aluminum, cobalt, nickel, arsenic, antimony, zinc or magnesium.
 Ammonia and the hydroxide and salts of ammonium.
  Sulphurous, sulphuric, nitric, dhyrochloric, hydrofluric, hydriodic, hydrosulphuric, boric,
phosphoric, arsenious, arsenic, lactic, acetic, oxalic, sotartaric or citric acids their metallic
or organic salts.
 Cynogen compounds.
2. A wet process:
 when carried on for the extraction of metal from ore or from any bye- product or residual
material; or
 in which electrical energy is used in any process of chemical manufacture.
3. The manufacture or production or use of carbon disulphide or the production or use of
hydrogen sulphide.
4. The manufacture of bleaching powder or the production or use of chlorine gas in any
process of chemical manufacture,
5. The distillation or use of gas tar or any product or residue of such tars, in any process of
chemical manufacture.
6. The utilization of nitric acid in the manufacture of nitro compounds.
7. The manufacture of explosives with the use of nitro compounds.
8. Melting and blowing glass and mixing, grinding on sieving glass-marking material.

9. Vitreous enameling.
10. Handling wool, hair bristles, hides and skins.
11. Mixing, grinding and sieving ceramic materials in the dry state.
12. Grinding materials for the manufacture of Portland cement and burning and grinding
cement clinker, in Portland cement factories.

13. Mixing and handling yellow orpiment.

14. Handling of fertilizer (Ammonium Sulphate).
15. Any process involving inhalation of tobacco dust in cigarettes manufacturing factories
and red-rying plants
16. Any other process which the Chief Inspector of Factories may by order in writing specify
in this behalf.

8- INDUSTRIAL RELATIONS ORDINANCE. 1969 as Amended to 1997

An Ordinance to amend and consolidate the law relating to the formation of trade unions, the
regulation of relations between employers and workmen and the avoidance and settlements of
any differences or disputes arising between them.
Whereas it is expedient to amend and consolidate the law relating to the formation of trade
unions, the regulation of relations between employers and workmen and the avoidance and
settlement of any differences or disputes arising between them or matters connected therewith
and ancillary thereto;
And whereas the national interest of Pakistan in relation to the achievement of uniformity
requires Federal legislation in the matter;
Now, therefore, in pursuance of the Proclamation of the 25th day of March, 1979, read with the
Provisional Constitution Order, 1969 and in exercise of all powers enabling him in that behalf
the President is pleased to make and promulgate the following Ordinance :-

Preliminary

1. Short title, extent, application and commencement.

2. Definitions.

3. Trade unions and freedom of association.

4. Adherence to the law of the land.

5. Application for registration.

6. Requirements for application.

7. Requirements for registration.

7(A). Disqualifications for being an officer of a trade union.

7(B). Registered trade union to maintain register, etc.

8. Registration.

8-(A). Transfer, etc. of officer of the trade union during pendency of

application for registration.

9. Certificate of registration.

10. Cancellation of registration.

11. Appeal against cancellation.

12. Registrar of Trade Unions.

13. Powers and functions of Registrar.

14. Incorporation of registered Trade Union.

15. Unfair labor practices on the part of employers.

16. Unfair labor practices on the part of workmen.

RIGHTS AND PRIVILEGES OF REGISTERED TRADE UNIONS AND COLLECTIVE

BARGAINING AGENTS.

17. Law of conspiracy limited in application.

18. Immunity from civil suit in certain cases.

19. Enforce ability of agreement.

20. Registration of Federation of Trade Unions.

21. Returns.

22. Collective bargaining agent.

22A. National Industrial Relations Commission.

22B. Benches of the Commission, etc.

22C. Additional powers of the Commission.

22D. Appeals.

22E. Finality of order.

22EE. Determination, etc. of collective bargaining unit.

22F. Power to make regulations.

23. Check-off.

23A. Shop Stewards to act as link between labour and management.

23B. Workers' participation in management.

23C. Joint Management Board.

23D. Inspector.
23E. Penalty for obstructing Inspector.

23F. Penalty for contravening section 23B or 23C, etc.

Penalties and Procedures

Penalty for Unfair Labor Practices. -

(1) Whoever contravenes the provisions of section 8A shall be punishable with imprisonment
which may extend to three years, or with fine which may extend to two thousand rupees or with
both.

(1A) Whoever contravenes the provisions of section 15 shall be punishable with imprisonment
which may extend to four years or with fine which may extend to ten thousand rupees or with
both.

(2) Whoever contravenes the provisions of section 16, other than those of clause (d) of sub-
section (1) thereof shall be punishable with imprisonment which may extend to three years, or
with fine may extend to five hundred rupees or with both.

(3) An officer of a trade union, a workman or person other than a workman, who contravenes, or
abets the contravention of, the provisions of clause (d) of sub-section (1) of section 16 shall be
punishable with imprisonment for a term which may extend to three years, or with fine which
may extend to two thousand rupees, or with both.

(4) Where the person accused of an offence under sub-section (3) is an officer of a trade union
the National Industrial Relations Commission may, in addition to any other punishment which it
may award to such person under that sub-section, direct that he shall cease to hold the office of
such officer and be disqualified from holding any office in any trade union during the term
immediately following the term in which he so ceases to hold office.

(5) Whoever contravenes the provisions of section 47A shall be punishable with imprisonment
which may extend to three years, or with fine which may extend to two thousand rupees, or with
both.

(6) Nothing in this Ordinance shall be deemed to exclude the jurisdiction of a Labour Court or
the Court of a Magistrate to try a case under this section if it is authorized to do so by a general
or special order of the Commission.

(7) Notwithstanding anything to the contrary contained in any law, custom, usage, constitution of
a trade union, memorandum and articles of association of a company or agreement, no fine paid
or payable due to conviction under this Ordinance shall be debatable against the accounts of any
establishment.

Penalty for Committing Breach of Settlement - Whoever commits any breach of any term of
any settlement, award or decision which is binding on him under this Ordinance, shall be
punishable -

(a) for the first offence, with imprisonment for a term which may extend to one year, or with fine
which may extend to five hundred rupees or with both; and

(b) for each subsequent offence with imprisonment for a term which may extend to two years or
with fine which may extend to one thousand rupees, or with both.

Penalty for Failing to Implement Settlement, etc.

Whoever willfully fails to implement any term of any settlement, award or decision which it is
his duty under this Ordinance to implement, shall be punishable with imprisonment for a term
which may extend to one year, or with a fine which may extend to rupees five hundred or with
both, and, in the case of continuing failure, with a further fine which may extend to two hundred
rupees for every day after the first during which the failure continues.

Penalty for False Statements, etc.

Whoever willfully makes or causes to be made in any application or other document submitted
under this Ordinance or the rules thereunder any statement which he knows or has reason to
believe to be false, or willfully neglects or fails to maintain or furnish any list, document or
information he is required to maintain or furnish under this Ordinance or the rules thereunder,
shall be punishable with imprisonment for a term which may extend to six months, or with fine
which may extend to five hundred rupees, or with both.

Penalty for Discharging Officer of Trade Union in Certain Circumstances, etc.

Any employer who contravenes the provisions of section 47 shall be punishable with
imprisonment for a term which may extend to six months, or with fine which may extend to five
thousand rupees, or with both.

Penalty for Embezzlement or Misappropriation of Foods.

Any officer or any other employee of a registered trade union, guilty of embezzlement or
misappropriation of trade union funds shall be punishable with imprisonment for a term which
may extend to one year and shall also be liable to a fine, which shall not exceed the amount
found by the court to have been embezzled or misappropriated. Upon realization, the amount of
fine may be reimbursed by the court to the trade union concerned.

Penalty for other Offences.

 Whoever contravenes, or fails to comply with any of the provisions of this Ordinance, shall, if
no other penalty is provided by this Ordinance for such contravention or failure, be punishable
with fine which may extend to two hundred and fifty rupees.

 Offences to be non-cognizable.

Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),
no police officer shall be competent to arrest without warrant an employer or a worker for an
offence under this Ordinance other than the offence of illegal strike or illegal lockout continued
in contravention of an order made under sub-section (3) of section 46A.

 Offences by Corporations.

Where the person guilty of any offence under this Ordinance is a company or other body
corporate, every Director, Manager, Secretary or other officer or agent thereof shall, unless he
proves that the offence was committed without his knowledge or consent or that he exercised all
due diligence to prevent the commission of the offence, be deemed to be guilty of such offence:

Provided that, where a company has intimated to Government in writing the name of any of its
directors resident in Pakistan whom it has nominated for the purpose of this section and the
offence is committed while such director continues to be so nominated, only such director shall
be so deemed to be guilty of such offence.

Trial of Offences.

Save as provided in this Ordinance, no court other than a Labour Court or that of a Magistrate of
the First Class shall try any offence punishable under this Ordinance.

Schedule

Public utility services. -  Section 2 (XX).

1. The generation, production, manufacture or supply of electricity, gas, oil or water to the
public.

2. Any system of public conservancy or sanitation.

 3. Hospitals and ambulance service.

4. Fire-fighting service.

5. Any postal telegraph and telephone service.

6. Railways and Airways.

7. Ports.

8. Watch and Ward staff and security services maintained in any establishment.

9- The Industrial Statistics Act, 1942 - Act No. Xix Of 1942

It is an act to facilitate the collection of statistics of certain kinds relating to industries

WHEREAS it is expedient to facilitate the collection of statistics of certain kinds relating to
industries;

It is hereby enacted as follows: - 

Short Title, Extent and Commencement:

 This act may be called the Industrial Statistics Act, 1942.

 It extends to the whole of Pakistan.

 It shall come into force on such date as the provincial Government may by notification in
the official gazette, appoint in this behalf for the territories under its administration.

Collection of Statistics

1. The provincial Government may, by notification in the official Gazette, direct that
statistics shall be collected relating to any of the following matters, namely:

1. any matters relating to factories,

2. any of the following matters so far as they relate to welfare of labor and
conditions of labor, namely,
  Prices of commodities

 Attendance

 living conditions, including housing, water supply and sanitation

 Indebtedness

 Rent of dwelling-house

 Wages and other earnings

 Provident and other funds provided for labor

 Benefits and amenities provided for labor

 Hours of work

 Employment and un-employment

 Industrial and labour disputes and thereupon the provisions of this Act shall apply to the
collection of those statistics.

2. In clause (a) of sub-section (1) 'Factory' means a factory as defined in clause (J) of
section 2 deemed to be a factory in pursuance of a declaration made under sub-section (1) of
section of that Act.

Appointment of Statistics Authority

The provincial Government may appoint any officer to be the statistics authority for purposes of
the collection of any statistics under this Act.

Power of statistics authority to call for the returns and information

 The statistic s authority may serve or cause to be served on any persons a notice requiring
him to furnish, at a such intervals and in such forms and with such particulars as may be
prescribed, such information or returns relating to any matter in respect of which statistics
 are to be collected and to such authority or persons and in such manner and at such times as
may be prescribed.

 The notice referred to in sub-section (1) may be served by post.

Right of access to record or document 

The statistics authority or any person authorized by him to in writing in this behalf shall, for the
purpose of the collection of any statistics under this Act, have access to any relevant record or
document in the possession of any person required to furnish any information or return under this
Act, and may enter at any responsible time any premises wherein he believes such record or
document to be, and may ask any question necessary for obtaining any information required to
be furnished under this Act.

Restriction on the publication and returns and information

1. No individual returns, and no part of a individual return, made, and no information with
respect to any particular undertaking given, for the purpose of this Act, shall, without the
previous consent in writing of the owner for the time being of the undertaking in relation to
which the returns or information was made or given, or his authorized agent, be published in
such manner as would enable any particular undertaking.

2. Except for the purpose of a prosecution under this Act or under the Pakistan Penal Code,
no persons not engaged in connection with the collection of statistics under this Act shall be
permitted to see any individual return or information referred to in sub-section(1).

3. If any person required to furnish any information or any return:

Penalties

1. Willfully refuses or without lawful excuse neglects to furnish such information or return
as required under this Act, or

2. Willfully furnishes or causes to be furnished any information or return which he knows to

be false, or

3. Refuses to answer or willfully gives a false answer to any question necessary for
obtaining any information required to be furnished under this ACT, if any person impedes the
right of access to relevant records and documents or the rights of entry conferred by section 6, he
shall for each such offence with a further tone which may extend to two hundred rupees for each
day after the first during the offence continues; and in respect of false information, returns or
answer the offence shall be deemed to continue until true information or a true return or answer
has been given or made.

Penalty for improper disclosure of information or returns

If any person engaged in connection with the collection of statistics under this Act willfully
disclose any information or the contents of any return given or made under this Act otherwise
than in the execution of his duties under this Act or for the purpose of the prosecution of an
offence under this Act or under the Pakistan Penal Code, he shall be punishable with
imprisonment for a term which may extend to six month, or with fine which may extend to one
thousand rupees or with both imprisonment and fine.

Cognizance of offence 

No prosecution under section 8 shall be instituted except by or with the sanction of the statistics
authority and no prosecution under section 9 shall be instituted except by or with the sanction of
the Provincial Government.

(Power of the Central Government to give directions Omitted by A.O., 1964, Art.2 and
Sch.)

10- Maternity Benefits Ordinance & Rules

Employment or work during certain periods. –

 (1) An employer shall not employ a woman and a woman shall not be engaged in
employment of any nature in any establishment during six weeks following the date on
which she delivers a child.
 (2)  An employer shall not ask an employed woman working on regular or temporary
basis to do any work which is of arduous nature or which involves long hours of standing
or which is likely to affect her health for a period of one month immediately:
(a)  preceding the period of six weeks before the date of the expected delivery; and
(b)  succeeding six weeks after the date on which she delivers a child.]
 
Right to and liability for payment of maternity benefit. 
(1) Subject to the provisions of this Ordinance, every woman employed in an establishment shall
be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of
her wages last paid during the period of six weeks immediately preceding and including the days
on which she delivers the child and for each day of six weeks succeeding that day:
      Provided that a woman shall not be entitled to maternity benefit unless she has been
employed in the establishment of the employer from whom she claims maternity benefit for a
period of not less than four months immediately preceding the day on which she delivers the
child.
 
Procedure regarding payment of maternity benefit.
 (1) Any woman entitled to maternity benefit,
(a)  who is pregnant may, give notice either orally in person or in writing in the prescribed form
to the employer that she expects to be confined within six weeks next following and may therein
nominate a person for the purposes of section 6;
(b)  who has not given the notice referred to in clause (a) and has been delivered of a child, shall
within seven days, give similar notice that she has been delivered of a child.
(2)  When such notice is received, the employer shall permit the woman to absent herself from
the factory from the date following the date of notice in the case mentioned in clause (a) of sub-
section
(1) and from the day of delivery in the case mentioned in clause (b) thereof, until six weeks after
the day of delivery.
(3)  An employer shall pay maternity benefit for twelve weeks to a woman entitled thereto in any
of following ways selected by the woman, namely: -
(i)  for six weeks before delivery within forty-eight hours of the production of a certificate signed
by the medical practitioner stating that the woman is expected to be confined within six weeks of
the date of the certificate, and for the remainder of the period for which she is entitled to
maternity benefit within forty-eight hours of the production of the proof that she has been
delivered of a child; or
               (ii)  for the period of six weeks before delivery and including the day of delivery,
within forty-eight hours of the production of proof that she has been delivered of a child and, for
the remainder of the said period, within six weeks of the production of such proof; or
              (iii)  for the whole of the said period of twelve weeks, within forty-eight hours of the
production of proof that she has been delivered of a child:
      Provided that a woman shall not be entitled to any maternity benefit or any part thereof, the
payment of which is dependent upon the production of proof under this sub-section that she has
been delivered of a child, unless such proof is produced within six months of the delivery.
      (4)  The proof required to be produced under sub-section (3) shall be either a certified extract
from a birth register or a certificate signed by the medical practitioner or such other proof as may
be accepted by the employer.
Payment of maternity benefit in case of a woman’s death.
(1) If a woman entitled to maternity benefit under this Ordinance dies on the day she is delivered
of a child or during the period thereafter for which she is entitled to the maternity benefit, the
employer’s liability under sub-section (1) of section 4 shall not, by reason of her death, be
discharged, and he shall pay the amount of maternity benefit due, [to the person nominated by
her under subsection (1) of section 5 for the benefit of all her legal representatives, or, if she has
made no such nomination, to all her legal representatives].
(2)  If a woman dies during the period for which she is entitled to maternity benefit but before
she is delivered of a child, the employer shall be liable only for the period up to and including the
day of her death, provided that any sum already paid to her in excess of such liability under
clause (i) of sub-section (3) of section 5 shall not be recoverable from her legal representative ;
and any amount due at the woman’s death shall be paid to the person nominated by her under
sub-section (1) of section 5, or [for the benefit of all her legal representatives, or, if she has made
no such nomination, to all her legal representatives].
 No notice of dismissal to be given to a woman in certain cases.
(1) When a woman absents herself from work in accordance with the provisions of this
Ordinance, it shall not be lawful for her employer to give her notice of dismissal during such
absence or on such a day that the notice will expire during such absence.
(2) (a) No notice of dismissal given without sufficient cause by an employer to a woman within a
period of six months before delivery shall have the effect of depriving her of any maternity
benefit to which but for such notice she may have become entitled under this Ordinance.
      (b)  If any question arises as to whether any notice of dismissal is one to which clause (a)
applies, such question shall be referred to the Inspector of Factories; and an appeal from the
Inspector’s decision shall, within sixty days thereof, lie to the Director of Labor Welfare whose
decision shall be final.
Penalty for working for payment during permitted period of absence.– If a woman does any
work in any  [establishment] for which she receives payment in cash or kind after she has been
permitted by her employer to absent herself under the provisions of section 5, she shall be liable
to a fine not exceeding  [one hundred] rupees.
Penalty for contravention of this Ordinance by an employer and application of fine in
payment of compensation.
(1) If any employer contravenes any provision of this Ordinance, he shall be liable to a fine
which may extend to [three thousand] rupees.
(2)  Whenever a Court imposes a fine under this section or confirms in appeal, revision or
otherwise such a sentence, it may, when passing judgement order the whole or any part of the
fine recovered to be applied in the payment of compensation to the woman concerned for any
loss or damage caused to her.
Cognizance of offences.
(1) No prosecution under this Ordinance shall be instituted except by, or with, the previous
sanction of the Inspector of Factories and no such prosecution shall be instituted until the expiry
of the period of appeal under sub-section (2) or, if such an appeal is preferred, unless the
Director of Labor Welfare by his order thereon, sanctions a prosecution.
(2) Where the Inspector of Factories decides either to institute a prosecution under this
Ordinance or to grant sanction thereto, he shall forthwith communicate his order to the person
complained against, who may, within thirty days of the date of the said order, appeal to the
Director of Labor Welfare against such decision; and the decision of the Director of Labor
Welfare on such appeal shall be final and shall not be liable to be contested by suit or otherwise.
      (3)  No Court inferior to that of a magistrate of the first class shall try any offence against this
Ordinance or any rule made thereunder.
Appeal against refusal to prosecute or grant sanction thereto.
Where on an application by an employer or a woman,  [or the person nominated by her or any of
her legal representative] the Inspector of Factories refuses either to institute a prosecution under
this Ordinance, or to grant sanction thereto, he shall without delay communicate to the applicant
his order of refusal, and an aggrieved by such order may, within thirty days of the date thereof
appeal to the Director of Labor Welfare against such order; and the decision of the Director of
Labor Welfare on such appeal  [which shall be taken after affording to the applicant an
opportunity of being heard,] shall be final.
 
Limitation.
No Court shall take cognizance of any offence against the Ordinance or any rule made
thereunder unless complaint thereof has been made to the Inspector of Factories within six
months of the date on which the offence is alleged to have been committed.
Rules
(1) Government may make rules to carry out the purposes of this Ordinance.
(2)  In particular and without prejudice to the generality of the foregoing power, such rules may
provide for–
            (a)  the preparation and maintenance of a muster roll or register or combined muster roll
and register and the particulars to be entered in such muster roll, register or combined muster roll
and register or in the register kept or deemed to have been kept under section 41 of the Factories
Act, 1934;
            (b)  the inspection of [establishments] for the purposes of this Ordinance by the Inspector
of Factories;
            (c)  the exercise of powers and the performance of duties by the Inspector of Factories for
the purposes of this Ordinance;
            (d)  the method of payment of maternity benefit in so far as provision has not been made
in this Ordinance;
            (e)  the forms of notice under clause (a) and clause (b) of sub-section (1) of section 5; and
            (f)   procedure to be observed in the disposal of appeals under sub-section (2) of section 7
or subsection (2) of section 10 or section 11.
      (3)  Any such rule may provide that a contravention thereof shall be punishable with fine
which may extend to two hundred and fifty rupees.
      (4)  All rules made under this Ordinance shall be laid before the Provincial Assembly, as
soon as may be after they are made, and if the Assembly within next subsequent seven days on
which the Assembly has sat after any such rule has been laid before it, resolves that the rule shall
be annulled, the rule shall forthwith be void, but without prejudice to the validity of anything
previously done thereunder or to the making of a new rule.
 Exhibition of Extracts.
An abstract of the provisions of this Ordinance and the rules thereunder in the regional language
shall be exhibited in a conspicuous manner by the employer in every part of the [establishment]
in which women are employed.
12- The Payment of Wages Act, 1936 (Act IV of 1936)
It is an Act to regulate the payment of wages to certain classes of persons employed in Industry
Preamble. --Whereas it is expedient to regulate the payment of wages to certain classes of
persons employed in industry; It is hereby enacted as follows: --
Short title, Commencement and Application
 This Act may be called the Payment of Wages Act, 1936.
 It extends to the whole of Pakistan.
 It shall come into force on such date as the Federal Government may by notification in the
Official Gazette, appoint.
 It applies in the first instance to the payment of wages to persons employed in any factory
and to persons employed (otherwise than in a factory) upon any railway by a railway
administration or, either directly or through a sub-contractor, by a person fulfilling a contract
with a railway administration.
 The Provincial Government may after giving three months' notice of its intention of so doing,
by notification in the Official Gazette, extend the provisions of the Act or any of them to the
payment of wages to any class of persons employed in any. industrial establishment or any
class or group of industrial establishments.
 Nothing in this Act shall apply to wages payable in respect of a wage-period which over such
wage-period, average more than three thousand rupees a month.
Responsibility for Payment of Wages.
Every employer including a contractor shall be responsible for the payment to persons employed
by him of all wages required to be paid under this Act. Provided that, in the case of persons
employed (otherwise than by a contractor)
Fixation of Wage Periods
 Every person responsible for the payment of wages under section 3 shall fix periods (in this
Act referred to as wage-periods) in respect of which such wages shall be payable.
 No wage-period shall exceed one month.
Time of Payment of Wages
(i) The wages of every person employed upon or in
(a) any railway, factory or industrial establishment upon or in which less than one thousand
persons are employed, shall be paid before the expiry of seventh day.
(b) any other railway, factory or industrial establishment, shall be paid before the expiry of the
tenth day, after the last day of the wage-period in respect of which the wages are payable.
Wages to be Paid in Current Coin or Currency Notes.
All wages shall be paid in current coin or currency notes or in both.
Deductions which May be Made from Wages.
(l) Notwithstanding the provisions of subsection (2) of section 47 of the Railways Act, 1890 (IX
of 1890), the wages of an employed person shall be paid to him without deductions of any kind
except those authorized by or under this Act.
Fines
When the persons employed upon off in any railway, factory or industrial establishment, are part
only of a staff employed under the same management, all such realizations may be credited to a
common fund maintained for the staff as a whole, provided that the fund shall be applied only to
such purposes as are provided by the prescribed authority
Deductions for Absence from Duty.
For the purposes of this section, an employed person shall be deemed to be absent from the place
where he is required to work, if, although present in such place, he refuses, in pursuance of a
stay-in-strike or any other cause which is not reasonable in the circumstances, to carry out his
work.]
Deductions for Damage or Loss
(1) A deduction under clause (c) of sub-section (2) of section 7 shall not exceed the amount of
the damage or loss caused to the employer by the neglect or default of the employed person and
shall not he made until the employed person has been given an opportunity of showing cause
against the deduction, or otherwise than in accordance with such procedure as may by prescribed
for the making of such deduction.
(2) All such deductions and all realizations thereof shall be recorded in a register to be kept by
the person responsible for the payment of wages under section 3 in such form as may be
prescribed.
Deductions for Services Rendered
A deduction under clause (d) or clause (e) of sub-section (2) of section 7 shall not be made from
the wages of an employed person unless the house accommodation, amenity or service has been
accepted by him as a term of employment or otherwise, and such deduction shall not exceed an
amount equivalent to the house-accommodation, amenity or service supplied and, in the case of a
deduction under the said clause (e), shall be subject to such conditions. as the Provincial
Government may impose
Deductions for Recovery of Advances
Deductions under clause (f) of sub-section (2) of section 7 shall be subject to the following
conditions, namely—
(a) recovery of an advance of money given before employment began shall be made from the
first payment of wages in respect of a complete wage period, but no recovery shall be made of
such advances given for travelling-expenses;
(b) recovery of advances of wages not already earned shall be subject to any rules made by the
Provincial Government regulating the extent to which such advances may be given and the
installments by which they may be recovered.
Deductions for Payments to Co-Operative Societies and Insurance Schemes.
Deductions under clause (j) and clause (k) of sub-section (2) of section 7 shall be subject to such
conditions as the Provincial Government may impose.
Inspectors
(l) An Inspector of Factories appointed under sub-section (1) of section 10 of the Factories Act,
1934, (XXV of 1934), shall be an Inspector for the purposes of this Act in respect of all factories
within the local limits assigned to him.
Claims out of deductions from wages or delay in payment of. wages and penalty for
malicious or vexatious claims.
The Provincial Government may, by notification in the official Gazette appoint any
Commissioner for Workmen's Compensation or other officer with experience as a Judge of a
Civil Court or as stipendiary Magistrate to be the authority to hear and decide for any specified
area all claims arising out of deductions from the wages, or non-payment of dues relating to
provident fund or gratuity payable under any law or delay in the payment of wages, of persons
employed or paid in that area.
Single application in respect of claims from an unpaid group.
Employed persons are said to belong to the same unpaid group if they are borne on the same
establishment and if their wages for the same wage-period or periods have remained unpaid after
the day fixed by section 5.
Appeal.
An appeal against a direction made under sub-section (3) or sub-section (4) of section 15 may be
preferred within thirty days of the date on which the direction was made before the Labor court
constituted under the Industrial Relations Ordinance, 1969 (XXIII of 1969) within whose
jurisdiction the cause of action to which the appeal relates arose by the employer or other person
responsible for the payment of wages under section 3, if the total sum directed to be paid by way
of wages and compensation exceeds three hundred rupees.
Powers of authorities appointed under section 15.
Every authority appointed under subsection (1) of section 15 shall have all the powers of a Civil
Court under the Code of Civil Procedure, 1908 (V of 1908), for the purpose of taking evidence
and of enforcing the attendance of witnesses and compelling the production of documents, and
every such authority shall be deemed to be a Civil Court for all the purposes of section 195 and
of Chapter XXXV of the Code of Criminal Procedure, 1898 (V of 1898).
Power to recover from employer in certain cases.
When the authority referred to in section 17 is unable to recover from any person (other than
employer) responsible under section 3 for the payment of wages any amount directed by such
authority under section 15 or section 17 to be paid by such person, the authority shall recover the
amount from the employer of the employed person concerned.
Penalty for offences under the Act.
(1) Whoever being responsible for the payment of wages Is an employed person contravenes any
of the provisions of any of the following sections, namely, section 5 and section 7 to 13, both
inclusive, shall be punishable with fine which may extend to five hundred rupees.
(2) Whoever contravenes the provisions of section 4, section 6 or section 25 shall be punishable
with fine which may extend to two hundred rupees.
Procedure in Trial of Offences.
No court shall take cognizance of a complaint against any person for an offence under sub-
section (1) of section 20 unless an application in respect of the facts constituting the offence has
been presented under section 15 and has been granted wholly or in part and the authority
empowered under the latter section or the appellate Court granting such application has
sanctioned the making of the complaint.
Bar of Suits.
No Court shall entertain any suit for the recovery of wages or of any deduction from wages in so
far as the sum so claimed.
Contracting out.
Any contract or agreement, whether made before or after the commencement of this Act,
whereby an employed person relinquishes any right conferred by this Act shall be null and void
in so far as it purports to deprive him of such right.
Display by Notice of Abstracts of the Act.
The person responsible for the payment of wages to persons employed in a factory shall cause to
be displayed in such factory a notice containing such abstracts of this Act and of the rules made
thereunder in English and in the language of the majority of the persons employed in the factory,
as may be prescribed.
Rule-Making Power.
(I) The Provincial Government may make rules to regulate the procedure to be followed by the
authorities and Courts referred to in sections 15 and 17.
(2) The Provincial Government may, by notification in the official Gazette, make rules for the
purpose of carrying into effect the provisions of this Act.
The Punjab Employees Social Security Institution (PESSI) is anautonomous body
under the administrative control of Labor & Human Resource Department under the
Punjab Government Rules of Business, 1974 established through the Provincial
Employees Social Security Ordinance, 1965. Provision of health facilities to the
workers and their dependents is covered under the Provincial Social Security Laws.
The Provincial Employees Social Security Ordinance, 1965 requires the employers to
contribute 6% of the wages of their employees (having wages up to Rs. 18,000/-) to
the Punjab Employees Social Security Institution.

13- The Provincial Employees’ Social Security Ordinance, 1965

The detail of Benefits provided by Punjab Social Security is as under:

Medical Facilities
The Medical Facilities include comprehensive medical treatment in the Social
Security Hospitals and the facilities not available in Social Security Hospitals are
arranged through other hospitals at the cost of Punjab Employees Social Security
Institution (PESSI) wherever those be available. In case, the required facilities are
not available within the country, the same are managed abroad to cater to the health
requirements of the Secured Persons.

Cash Benefits

 Sickness Benefits
 Injury Benefits
 Iddah Benefits
 Maternity Benefits
 Gratuity
 Disablement Pension
 Survivor's Pension
 Artificial Parts
 Funeral Grant
 Financial Assistance
 Free Education of Secured Workers’ Children

Offences and Penalties

Offences.
(1) If any person:
(a)  for the purpose of obtaining the allowance or denial of any payment or benefit under this
Ordinance, whether for himself or some other person, or for the purpose of avoiding any
payment to be made by himself or any other person under this Ordinance–
                (i)  knowingly makes or causes to be made any false statement or false representation;
or
               (ii)  produces or furnishes, or causes or knowingly allows to be produced or furnished,
any document or information which he knows to be false in a material particular; or
      (b)  fails to pay any contribution which under this Ordinance he is liable to pay; or
      (c)  recovers or attempts to recover from a secured person, or deducts or attempts to deduct
from his wages the whole or any part of the contribution; or
      (d)  fails or refuses to submit any return required by regulations or makes a false return; or
      (e)  obstructs any official of the Institution in the discharge of his duties; or
      (f)   is guilty of any contravention of, or non-compliance with, any of the requirements of this
Ordinance or the rules or the regulations,
he shall, without prejudice to any action to which he may be liable under section 23 or section 70
or any other provision of this Ordinance, be punished with imprisonment which may extend to
three months, or with fine  [up to ten thousand rupees but not less than two thousand rupees], or
with both.
Prosecution.
(1) No prosecution under this Ordinance shall be instituted except with the previous sanction of
the Commissioner or of an officer authorized by him in writing in this behalf.
(2)  No Court inferior to that of a magistrate of the first class shall try any offence under this
Ordinance.
(3)  No Court shall take cognizance of any offence under this Ordinance except on a complaint
made in writing within six months of the date on which the offence was discovered.

16- The Punjab Shops and Establishments Ordinance, 1969

Commencement and Short Title
 This Ordinance may be called the [Provincial] Employees’ Social Security Ordinance, 1965.
 It extends to the whole of [the Punjab].
 It shall come into force at once, but shall apply only to such areas, classes of persons,
industries or establishments, from such date or dates, and with regard to the provision of such
benefits as Government may, by notification, specify in this behalf.

Benefits
 Sickness benefit.
 Maternity benefit.
 Death grant.
 Medical care during sickness and maternity.
o Medical care of dependents, etc.
 Injury benefits.
 Disablement pension.
 Disablement gratuity.
 Survivor’s Pension.
 Death grant in case of death while in receipt of injury benefit or total disablement
pension.
 Medical care in the case of employment injury.
 Extent of medical care.
 Manner of providing medical care.
 Institution’s power to promote measures for health, welfare etc. of secured persons.
o Establishment of medical and other institutions.
 Manner of claiming benefit.
 Benefit not assignable or attachable.
 Exemption from stamp duty.
 Non-duplication of benefits.
 Repayment of benefit improperly received.
 Institution’s right to be indemnified in certain cases.
o Extent of benefits, etc.
  Recovery of amounts due.
Offences and Penalties
Offences:
(1) If any person–
(a)  for the purpose of obtaining the allowance or denial of any payment or benefit under this
Ordinance, whether for himself or some other person, or for the purpose of avoiding any
payment to be made by himself or any other person under this Ordinance–
                (i)  knowingly makes or causes to be made any false statement or false representation;
or
               (ii)  produces or furnishes, or causes or knowingly allows to be produced or furnished,
any document or information which he knows to be false in a material particular; or
 (b)  fails to pay any contribution which under this Ordinance he is liable to pay; or
(c)  recovers or attempts to recover from a secured person, or deducts or attempts to deduct from
his wages the whole or any part of the contribution; or
(d)  fails or refuses to submit any return required by regulations or makes a false return; or
(e)  obstructs any official of the Institution in the discharge of his duties; or
(f)   is guilty of any contravention of, or non-compliance with, any of the requirements of this
Ordinance or the rules or the regulations,
he shall, without prejudice to any action to which he may be liable under section 23 or section 70
or any other provision of this Ordinance, be punished with imprisonment which may extend to
three months, or with fine [up to ten thousand rupees but not less than two thousand rupees], or
with both.
Prosecution. 
(1) No prosecution under this Ordinance shall be instituted except with the previous sanction of
the Commissioner or of an officer authorized by him in writing in this behalf.
(2)  No Court inferior to that of a magistrate of the first class shall try any offence under this
Ordinance.
(3)  No Court shall take cognizance of any offence under this Ordinance except on a complaint
made in writing within six months of the date on which the offence was discovered.

18- The Workers’ Children (Education) Ordinance, 1972

WHEREAS it is expedient to provide for the education of workers children and for matters
ancillary thereto;
AND WHEREAS the national interest of Pakistan in relation to the economic and financial
stability of Pakistan and the achievement of uniformity requires Central legislation in the matter;
NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read
with the Proclamation of the 20th day of December, 1971, and the Provisional Constitution
Order, and in exercise of all powers enabling him in that behalf.
Levy of Education cess.
Every employer of an establishment in which the number of workers employed at any time
during a year is [ten] or more shall pay to the Government an education cess at the rate of one
hundred rupees per worker per annum.
 Every employer shall, within every three months beginning from the first day of the calendar
month following the commencement of the Workers Children (Amendment) Act, 1973
(XXIV of 1973), prepare and deliver, or cause to be prepared and delivered, in the form and
to the officer prescribed by the Government, a return showing the number of workers
employed in the establishment during the preceding quarter and shall subscribe a declaration
of the truth of the return at the foot thereof.
 The levy of education cess shall be on the basis of the number of workers shown in the return
referred to in sub-section (2)
Education of Workers Children.
Government shall provide education free of cost up to Matric [and thereafter in a Polytechnic or
vocational training institute] to one child [any level of education to two children] of every
worker employed in an establishment referred to in section 3.
Explanation.
Education free of cost includes provision of text books free of cost and exemption from
admission fee, tuition fee, examination fee and school fund.]
Manner of levying cess.
The cess described in section 3 shall be levied so far as may be, in the same manner, and under
the same provisions of law, as the land revenue
[Provided that the amount of the cess shall be held in a separate account and shall be expended
only for the purposes of that Ordinance.]
Collection and Administration of cess.
The collection of cess referred to in section 3 and its administration may be entrusted to the
Social Security Institution or to such other agency as the Government may nominate.]
Exemption from Taxes.
Notwithstanding anything contained in any other law, the Federal Government may, by order in
writing, exempt the Institution from any tax, duty, or rate leviable by the Federal Government or
by a local authority under the control of the Federal Government.
19- The Workmen’s Compensation Act 1923
Rules
Power of the [Provincial Government] to make rules.
(1) The [Provincial Government] may make rules to carry out the purposes of this Act.
(2)  In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:
              (a) for prescribing the intervals at which and the conditions subject to which and
application for review may be made under section 6 when not accompanied by a medical
certificate;
              (b)for prescribing the intervals at which and the conditions subject to which a workman
may be required to submit himself for medical examination under subsection (1) of section 11;
             (c) for prescribing the procedure to be followed by Commissioner, in the disposal of
cases under this Act and by the parties in such cases;
             (d) for regulating the transfer of matters and cases from one Commissioner to another
and the transfer of money in such cases;
             (e)   for prescribing the manner in which money in the hands of a Commissioner may be
invested for the benefit of dependents of a deceased workman and for the transfer of money so
invested from one Commissioner to another;
         [(ee) for prescribing the manner in which any balance of money may under subsection of
section 8 be transferred to a fund or funds for the benefit of workmen and for the establishment
and administration of such fund or funds;]
              (f)   for the representation in proceedings before Commissioners of parties who are
minors or are unable to make an appearance;
              (g)   for prescribing the form and manner in which memoranda of agreements shall be
presented and registered;
              (h)   for the withholding by Commissioners, whether in whole or in part of half-monthly
payments pending decision on applications for review of the same; 
           [(i)   for regulating the scales of costs which may be allowed in proceedings under this
Act;
               (j)   for prescribing and determining the amount of the fees payable in respect of any
proceedings before a Commissioner under this Act;
              (k)   for the maintenance by Commissioners of registers and records of proceedings
before them;
               (l)   for prescribing the classes of employers who shall maintain notice-book under sub-
section (3) of section 10, and form of such notice books;
             (m)   for prescribing the form of statement to be submitted by employers under section
10-A; 
              (n)   for prescribing the cases in which the report referred to in section 10B may be sent
to an authority other than the Commissioner] [; and]
          [(o   for prescribing the abstracts of this Act and of the rules required by section 10 D.]
  
Publication of Rules.
1. The power to make rules conferred by [section 32] shall be subject to the conditions of the
rules being made after previous publication.
2. The date to be specified in accordance with clause (3) of section 23 of the General Clauses
Act, 1897, as that after which a draft of rules proposed to be made under section 32 will be
taken into consideration, shall not be less than three months from the date on which the draft
of the purposed rules was published for general information.
3. Rules so made shall be published in the [official Gazette] and, on such publication, shall have
effect as if enacted in this Act.