Group 6: PST- Labor Laws in Pakistan

Juwweryah Fatima
Afia Mehmood
Tahir Mazahir
Abdul Hussain
Huzaifa

Project Outline: Labor Laws in Pakistan

1. Introduction of Labor Laws in Pakistan (afia)
Labor laws in Pakistan are a set of regulations and policies that govern the relationship between
employers and employees. These laws provide protection to workers and ensure that they receive fair
wages, benefits, and working conditions. Labor laws in Pakistan are regulated by the Federal Ministry of
Labor and Employment, as well as by provincial governments.

The main labor laws in Pakistan include the Industrial Relations Act, the Factories Act, the Mines Act, the
Shops and Establishments Ordinance, and the Workers' Compensation Act. These laws cover a wide
range of topics, including minimum wage rates, working hours, health and safety regulations, trade
unions, and collective bargaining.

Pakistan's labor regulations are based on legislation inherited from India during the Indo-Pak
subcontinent's division. The laws have evolved via a continual trial and error process to meet the
socioeconomic conditions, state of industrial development, population and labor force explosion,
expansion of trade unions, literacy level, and the government's commitment to development and
social welfare.

2. Importance of Labor Laws (Afia)

Labor laws in Pakistan are essential for ensuring fair and just treatment of workers, and for protecting
their rights in the workplace. The importance of these laws cannot be overstated, as they provide a
framework for regulating the employer-employee relationship and promoting social justice.

One of the key reasons for the importance of labor laws in Pakistan is to protect workers from
exploitation and abuse. Without these laws, employers could potentially take advantage of their
employees by paying them low wages, imposing unsafe working conditions, or denying them basic
benefits such as sick leave or paid vacation. Labor laws provide a legal basis for ensuring that employers
treat their employees fairly and with respect, thereby preventing exploitation and promoting social
justice.

Another important function of labor laws in Pakistan is to promote economic stability and growth. By
providing clear guidelines and regulations for the employer-employee relationship, labor laws help to
create a stable and predictable business environment. This in turn attracts foreign investment, creates
job opportunities, and helps to stimulate economic growth.

In addition to promoting economic stability, labor laws also help to ensure social stability. By protecting
the rights of workers and promoting fairness in the workplace, these laws help to reduce social tension
and conflict. This is particularly important in a country like Pakistan, where social inequality and poverty
are major challenges.

Moreover, labor laws in Pakistan play an important role in promoting democratic governance. By
allowing workers to form unions and engage in collective bargaining, these laws empower workers to
participate in the democratic process and to have a say in decisions that affect their lives. This, in turn,
helps to promote social justice and democratic governance.

Finally, labor laws in Pakistan are important for promoting international human rights standards.
Pakistan is a signatory to numerous international conventions and agreements related to labor rights,
and labor laws are critical for ensuring compliance with these standards. By upholding international
labor standards, Pakistan can enhance its reputation as a responsible member of the global community,
and attract international investment and support.

3. Labor Rights in the Constitution (Afia)

The Constitution of Pakistan contains a range of provisions with regards to labor rights found in Part II:
Fundamental Rights and Principles of Policy. The project will be discussing each of these in detail to
highlight the constitution’s role in enforcing the labor laws.

• Article 11 of the Constitution of Pakistan prohibits slavery and forced labor. This provision states that
"slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan
in any form" and that "all forms of forced labor and trafficking in human beings are prohibited."

This article reflects Pakistan's commitment to international human rights norms, including the Universal
Declaration of Human Rights and the International Labor Organization's Forced Labor Convention, which
Pakistan ratified in 1957.

In addition to this constitutional provision, Pakistan has also enacted laws to combat slavery and forced
labor, including the Bonded Labor System (Abolition) Act of 1992, which prohibits bonded labor, and the
Prevention and Control of Human Trafficking Ordinance of 2002, which criminalizes trafficking in human
beings.

• Article 17 of the Constitution of Pakistan provides for the fundamental right to freedom of association,
which includes the right to form unions or associations. This provision states that every citizen has the
right to form associations or unions subject to any reasonable restrictions imposed by law in the interest
of sovereignty or integrity of Pakistan, public order or morality.

This right is an essential component of a democratic society, as it allows individuals to come together to
advocate for their collective interests and to participate in decision-making processes that affect their
lives and livelihoods. In the context of labor rights, the right to form unions is particularly important, as
it enables workers to collectively bargain for better wages, working conditions, and benefits.
To further protect this right, Pakistan has enacted laws such as the Trade Unions Act of 1926, which
regulates the formation and registration of trade unions, and the Industrial Relations Act of 2012, which
sets out procedures for collective bargaining, dispute resolution, and strikes.

 Article 18 of the Constitution of Pakistan guarantees the right of every citizen to enter upon any
lawful profession or occupation and to conduct any lawful trade or business. This provision
recognizes the importance of economic freedom and individual choice in the pursuit of livelihoods.

The article also prohibits the imposition of any arbitrary restrictions on this right, stating that "No person
shall be prevented from or be hindered in doing that which is not prohibited by law and no law shall be
enacted which takes away or abridges the rights so conferred except to the extent of the imposition of
reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan, public
order or morality."

This provision ensures that individuals in Pakistan are free to pursue their chosen professions and trades
without arbitrary or unreasonable interference from the state, subject only to reasonable restrictions
imposed by law for the protection of public interests.

• Article 25 of the Constitution of Pakistan lays down the right to equality before the law and the
prohibition of discrimination on the grounds of sex alone. This provision is a cornerstone of the
constitutional protection of human rights and seeks to ensure that all citizens of Pakistan are treated
equally, regardless of their sex or gender.

The article states that "All citizens are equal before the law and are entitled to equal protection of law.
There shall be no discrimination on the basis of sex alone."

This provision prohibits discrimination against individuals on the basis of their sex or gender, and
ensures that all citizens have the right to equal protection of the law, without any distinction or
discrimination on the basis of their sex or gender.

• Article 37(e) of the Constitution of Pakistan 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.
This provision recognizes the importance of protecting vulnerable groups, particularly women and
children, from exploitation and abuse in the workplace.

The article states that "The State shall make 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."

This provision requires the state to take measures to ensure that working conditions are just and
humane, and that workers are not subject to exploitation or abuse. In particular, the provision prohibits
the employment of children and women in vocations unsuited to their age or sex, recognizing the need
to protect these vulnerable groups from harm and exploitation in the workplace.

Furthermore, the provision requires the state to provide maternity benefits for women in employment,
recognizing the important role of women in the workforce and the need to support their health and
well-being during and after pregnancy.
4. Consolidation of Laws (Juwweryah, Huzefa, Abdul Hussain)
1. ANNUAL LEAVE AND HOLIDAYS (JUWW)

 Annual Leave
An employee is entitled to 14 calendar days paid annual leave, after completion of 12
months of continuous service. (Section 49-B of Factories Act).  The annual leave has to
be consecutive and may not be split. A worker is paid his daily wages while he is on
annual leave. If a worker fails to avail whole leave during the 12 months, it is added to
the next year. However, not more than 14 days of leave can be carried forward.

 Public Holidays
Workers are entitled to paid Festival (public and religious) holidays. Festival holidays are
announced by Ministry of Interior, Islamabad and Provincial Government at the start of
calendar year (usually 14 in number) (section 49-I of Factories Act).
The Public holidays can be divided in religious and memorial holidays. The dates of
Muslim religious festivals are subject to appearance of moon and change every year.
The religious holidays are Eid Milad-un-Nabi-12 Rabi ul Awwal, Eid ul Fitr-Shawwal 01-
03, Eid ul Azha-Zil Haj 10, Ashura-Moharram 9 & 10. The memorial holidays are Kashmir
Day (February 5), Pakistan Day (March 23), Labor Day (May 01), Independence Day
(August 14), Iqbal Day (November 09), Quaid-e-Azam Day/Christmas (December 25).
The day after Christmas (December 26) is also a public holiday, however for Christians
only. 

 Weekly Rest Days

Workers are entitled to 1 day of rest per week (24 consecutive hours). The weekly rest
day is usually Sunday. If a worker has to work on holiday; he can’t be made to work
consecutively for 10 days without being given a compensatory holiday for full one day.
(Section 35 of Factories Act)

2. HEALTH AND SAFETY (JUWW)

 Free Protection
Labor Protection Policy 2006 directs the enterprises to provide workers with protective
clothing and equipment. In the same way, Factories Act, 1934 (section 23-A) provides for
compulsory vaccination and inoculation of workers and expenses are to be borne by
employer. 

 Training
In accordance with the Factories Act (Section 38), it is the responsibility of an employer
to provide instruction, training and supervision as is necessary to ensure health and
safety at work of his employees. 
  Labor Inspection System
Labor laws provides for an independent labor inspection system in the country. However,
the inspection system is province based and there is no central inspection authority.

 Employer Cares
Chapter 3 of Factories Act makes it obligatory on the employer to provide for safe and
healthy working environment to the workers.

2. BONDED LABOUR (HUZEFA)

What is Bonded Labor?
Bonded Labour can be defined as when workers are forced into work or services to a creditor in
exchange for a monetary advance, incur restrictions on their freedom of movement or
occupation until this debt has been worked off. The debtors are often pressurized into
mortgaging the services of not only themselves but of their family members as well for a
specified or indeterminate period, with or without wages. The exploitative nature of the
relationship between the creditor and debtor allows for the bondage to last for several years, in
cases the debts can be inherited by children making it inter-generational.

What areas is Bonded Labour most concentrated in?

According to the Global Slavery Index (2018), Pakistan ranks as 8/167 countries for modern
slavery. One of those forms, considered as modern slavery, is Bonded Labour (also
interchangeable with Debt Bondage). The U.S Department of Labour’s 2020 list of goods
produced under forced labour or bonded labour in Pakistan included: Cotton, Sugarcane, Wheat
(Agriculture) Bricks, Carpets, Glass Bangles (Manufacturing) and Coal (Mining).

What are the relevant laws that have provisions regarding bonded labour?

Article 11(3) of the Constitution of Pakistan prohibits forced labour. In line with the
constitutional guarantee, the following laws are in place to combat the Bonded Labour System,
namely:

 The Bonded Labour System (Abolition) Act, 1992

 The Bonded Labour System (Abolition) Rules,1995
 The Sindh Bonded Labour System (Abolition) Act, 2015
 The Khyber Pakhtunkhwa Bonded Labour System (Abolition) Act, 2015
 The Punjab Bonded Labour System (Abolition) Act, 1992 (Amendment, 2012)
 The Gilgit-Baltistan Bonded/Forced labour system (Abolition) Act, 2020
 The Punjab Prohibition of Child Labour at Brick Kilns Act, 2016
 Prevention of Traffi cking in Persons Act, 2018
 The Pakistan Penal Code, 1860

What are the relevant provisions under these laws?

Under these laws the following provisions are made:

  Abolition of the Bonded Labour System:  In line with the aforementioned Act(s), Bonded
Labour System stands abolished throughout the country from the time of the
commencement of the Act(s).
 Unobligated to work: Through these laws, the debtor or their family are set free from
any such obligation which requires them to work for the said creditor in a Bonded
Labour System.
 Agreements nullified: Under these laws any custom or tradition or practice or any
contract, agreement or other instruments, whether agreed upon before or after the
commencement of this Act which requires the person or her/his family to be rendered in
Bonded Labour stands nullified.
 Liability to payment revoked: In accordance with the laws, any liability to pay the debt
on part of the debtor is extinguished.
 No-suit can be filed: Within these laws, no suit can be filed for recovery of this debt on
part of the creditor against the debtor and every order issued before the
commencement of these Act(s) for recovery of bonded debt is void.
 Restoration of property: The Act(s) also require the restoration of property of a bonded
labour, which was forcibly taken by the creditor for recovery of his or her debt.
 Acceptance of Extinguished Debt: Under the Act(s) no creditor can accept any
extinguished debt after the commencement of the Act(s), the acceptance of
extinguished debt is a punishable offence with imprisonment and fine.
 Contract: Under the Punjab Prohibition of Child Labour at Brick Kilns Act, 2016 any
employer employing a worker will be made under a contract. In case the employment is
based on a peshgi or advance money, the contract will explain the amount of the peshgi
and the time frame of returning the said amount. A copy of this contract will be sent to
the local Labour Inspector.
 Concentrated amount of peshgi: the Punjab Prohibition of Child Labour at Brick Kilns
Act, 2016 limits the amount of peshgi that can be made, i.e. the amount should not
exceed PKR 50,000/-. The schedule for payment will be sent to the local Labour
Inspector.
 Employment of children: The Punjab Brick Kiln (2016) Act determines that no child can
be employed at any brick kilns
 Imprisonment relinquished: On the commencement of these laws, every bonded
labourer who has been detained in civil prison, whether before or after judgement, shall
be released from detention.

How are these provisions implemented?

Under Section 9 of The Bonded Labour System (Abolition) Act, 1992, the Provincial
Governments can empower and impose duties on District Magistrates to ensure smooth
implementation of these laws. The District Magistrates can further extend their powers to
subordinate offi cers to implement these provisions.

Whereas under the Sindh Bonded Labour System (Abolition) Act, 2015 the duties fall with the
Deputy Commissioner. In the Khyber Pakhtunkhwa Bonded Labour System (Abolition) Act, 2015
the power resides with Offi cers appointed by the Government which are deemed public
servants as explained by Pakistan Penal Code (Act No. XLV of 1860).
Apart from the powers conferred, Provincial Governments are required to set up Vigilance
Committees at the District level.

4. CHILD LABOUR IN PAKISTAN (JUWW)

According to ILO and UNICEF, all work done by children can’t be classified as child
labor. So, there is a need to differentiate between child labor and child work. If work is
not affecting the health and personal development as well as the schooling of children,
then this type of work cannot be taken negatively and does not fall in the category of
child labor, e.g. assisting in family business or working during school holidays or after
school hours. These activities are not “child labor”, rather these can be termed as ‘child
work’.
Before we talk about labor laws, let’s first have a look at the constitutional provisions
pertaining to child labor.
• Article 3 : the state shall ensure the elimination of all forms of exploitation and the
gradual fulfillment of fundamental principle, from each according to his ability and to
each according to his work.
• Article 11(3): No child below the age of 14 years shall be engaged in any factory or
mine or any other hazardous employment.
• Article 25(A): The state shall provide free and compulsory education to all children of
the age of five to sixteen years in such manner as determined by law.
• Article 37(e): The state shall make provision for securing just and humane conditions
of work, ensuring that women and children are not employed in vacations unsuited to
their age or sex, and for maternity benefits for women in employment.
The Employment of Children Act 1991 defines “child” as a person below 14 years of age
and an “adolescent” as a person below 18 years of age. However, the 18th amendment
has actually raised the minimum age up to 16 years without amending the labor laws, so
contradiction continues.
The minimum age for starting work is 14 years under the Khyber Pakhtunkhwa
Prohibition of Employment of Children Act, 2015 and Sindh Prohibition of Employment of
Children Act, 2017. The minimum age for admission to work is raised to 15 years under
Punjab Restriction on Employment of Children Ordinance 2016, in draft legislation by
Baluchistan, and in draft legislation of Islamabad Capital Territory.
Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 which states that
provided that a child not below the age of 12 years may be engaged in the light work,
alongside his family member, for a maximum of two hours per day mainly for the purpose
of acquiring skills, in a private undertaking, or in any school established, assisted or
recognized by Government for such purpose.
In accordance with part III and section 7 of the Employment of Children Act, a child or
adolescent can’t work more than 7 hours a day (it includes one hour of rest, so
essentially 6 hours of work). The work has to be arranged in such a way that after every
3 hours of continuous work, the worker can has an interval of at least one hour of rest.
A child can’t be permitted or required to work between 07:00 p.m. to 08:00 a.m.
Moreover, a child can’t be required or even permitted to work overtime.
The Factories Act 1934 contains the following provisions regarding employment of
children. Section 50 of the Act prohibits employment of children (under the age of 14
years) in any factory. Section 51 requires adolescent workers (who are above 14 years
of age and below the age of 18 years) are not allowed to work in a factor
As for the Mines Act, it prohibits employment of children in any part of the mine and even
presence of children in any part of the mine which is below ground. According to the
Shops and Establishments Ordinance 1969, no child shall be allowed or required to work
in any establishment (section 20).
The Children (Pledging of Labor) Act, 1933 stipulates that every agreement that pledges
the services/labor of a child for any payment or benefit is null and void. However, it
provides an exception for an agreement if that is made, without any detriment to the child
and if child’s services are provided for reasonable wages and if that agreement is
terminable at a week’s notice.

 Penalties:

In accordance with section 14 of the Employment of Children Act, whosoever

employs any child or permits any child to work in occupations and processes
mentioned above, shall be punishable with imprisonment for a term which may
extend to one year or with fine which may extend to PKR20, 000 or with both. If a
person, who was already convicted under the law, commits the same offence
again, he shall be punishable with imprisonment for a term which shall not be less
than six months but which may extend to two years. 

Penalties have been raised in the newly enacted legislation in Khyber

Pakhtunkhwa, Punjab and Sindh to a minimum of 50,000 rupees fine. 

5. COMPENSATION (HUZEFA)

Overtime Compensation

In accordance with the section 47 of Factories Act, 1934; if a worker works beyond the
stipulated working hours, i.e., 9 hours a day and 48 hours a week, he is entitled to an overtime
pay that is double the rate of his ordinary pay (200% of the normal wage rate). In seasonal
factories, workers may work up to 56 hours a week.

Night Work Compensation

There is no special pay premium for employees working over-night.

Compensatory Holidays / Rest Days

Workers can be asked to work on weekly rest days and Festival/Public Holidays. The law does
provides for compensatory holidays. (Section 35, 49-I of Factories Act)

Weekend / Public Holiday Work Compensation

There is no provision for premium pay for woring on a weekly rest day however if an employee
works on a public holiday , he is paid at 300% of the rate of his normal wages (normal wage for
working on public holiday + paid substitute holiday + one day's paid compensatory holiday).
(section 49-I of Factories Act)

6. WORK AND WAGES (JUWW)

 Minimum Wage
Minimum Wages are determined at the provincial level. Section 4 of Minimum Wage
Ordinance, 1961 allows Minimum Wage Boards, for each province, to recommend
minimum wage rates for adult unskilled workers and juvenile workers employed in
industrial undertakings. 
According to section 5 (3) of minimum wages Ordinance, 1961, minimum wages Board
can fix minimum wages for time work, piece work, overtime work and work on weekly
rest day and paid holidays. The time rates recommended by the Board may be on hourly,
daily, weekly or monthly basis.
As per section 21 and 22 of West Pakistan minimum wage Rules, 1962 government may
appoint labor inspectors to regulate and inspect the compliance of minimum wages by
making as many visits to industries. Governmental Body/Authority - As per section 9-A of
MW Ordinance, 1961 the provincial government may appoint any person as the Authority
for the area to hear and decide on all the claims (complaints) regarding non-payments or
delay in the payment of wages. As provided under the National & Provincial Industrial
Relations Acts, a worker can bring his complaint relating to any right guaranteed to him
by law, to the Collective bargaining agent. Collective Bargaining Agent is a registered
trade union and is elected representative of the workers in an enterprise.
Minimum Wages in Pakistan is 25000 Rs

 Regular Pay:
Wages can be paid on daily, weekly, fortnightly or monthly basis. However, a wage
period can't exceed one month. Moreover, the law also requires that wages are to be
paid on a working day and in current coin or currency notes only. This also means that
wage payments by organizations through cheque are not permitted under the law.
(Payment of Wages Act 1960)

 Deductions
According to the Payment of Wages Act, deductions that can be made from a worker's
wages include deductions for absence from duty, deductions for house accommodations,
deductions for income tax, deductions for overpayment of wages, and deduction for
transport facility.

 Penalties for Violations

In the event of non-payment of minimum wage or at a rate lower than the rate
announced by the Government, then there is up to 50,000 Rs fine and up to 6 months of
imprisonment. Fines vary from provinces to provinces as mentioned her; up to Rs 50k for
Punjab, up to Rs 20k for KPK, Up to Rs 500 in Islamabad.
Other than these fines, employer is also required to pay the difference in wages actually
paid to the worker and the wages which should have been paid had there no such
contravention.

7. EMPLOYMENT SECURITY (HUZEFA)

Written Employment Particulars

Standing Orders Ordinance requires that  every workman at the time of his appointment,
transfer or promotion should be provided with an order in writing, showing the terms and
conditions of his service. Similarly, every permanent worker is entitled to a written certificate of
service at the time of his dismissal, discharge, retrenchment or retirement from service(S.O. 2-A
and 18of Standing Orders Ordinance, 1968)

Similar provisions are found in the Khyber Pakhtunkhwa Industrial and Commercial Employment
(Standing Order) Act 2013 (Standing Order 3 & 4) and the the Sindh Terms of Employment
(Standing Orders) Act 2015 (Standing Order 3 & 17). 

EMPLOYMENT CONTRACTS IN PAKISTAN

Fixed Term Contracts

Pakistani labour Law prohibits hiring fixed term contract workers for tasks of permanent nature.
The maximum length of a fixed term (temporary) contract including renewals is 09 months.  

Khyber Pakhtunkhwa and Sindh legislation allow for hiring workers on contract where the term
of the contract is specified by the contract itself. 

Sindh legislation however defines a contract worker as "a worker who works on contract
basis for a specific period mentioned in the contract, in any establishment  but does not include
the third party employment".

Khyber Pakhtunkhwa legislation also defines a contract worker as " a worker who works on
contract basis for a specific period mentioned in the Letter of Contract". The legislation requires
an employer to obtain a No Objection Certificate (NOC) from the Labour Department  to contract
out jobs of peripheral nature and not those which are related to core activity of the
organization. Such NOC is issued only for a period of 6 months at a time and contains  certain
conditions related to the job and employment of contract workers. 

Probation Period

In accordance with the Standing Orders Ordinance, probation period is of 3 months duration
only. (S.O. 1 of Standing Orders Ordinance, 1968)

Similar provisions are found in the Khyber Pakhtunkhwa Industrial and Commercial Employment
(Standing Order) Act 2013 (Standing Order 1) and the the Sindh Terms of Employment (Standing
Orders) Act 2015 (Standing Order 1).

8. FAIR TREATMENT (HUZEFA)

Equal Pay

In accordance with the section 15 of the West Pakistan Minimum Wage Rules, 1962, the
principle of equal remuneration for work of equal value between men and women workers will
be applied while fixing wages. Since there is no specific law in the country to deal  with the
equal remuneration, the Federal Government is working on a draft of a model Provincial law on
anti-discrimination which can be adopted by the Provincial Legislative assemblies.  

Non-Discrimination

In accordance with the article 27 of the Constitution, "No citizen otherwise qualified for
appointment in the service of Pakistan shall be discriminated against in respect of any such
appointment on the ground only of race, religion, caste, sex, residence or place of birth". This
article is only about the public sector jobs. We can't locate similar provision for non-
discrimination in private sector employment.  Since there is no specific law in the country to
deal with the equal remuneration and nondiscrimination in all employment related matters, the
Federal Government is working on a draft of a model Provincial law on anti-discrimination
which can be adopted by the Provincial Legislative assemblies. 

Equal Choice Of Profession

Women can't work in the same industries as men (Factories Act, 1934). Moreover, section 27 of
Constitution of Pakistan 2010 also provides for gender based occupational segregation by saying
that " specified posts or services may be reserved for members of either sex if such posts or
services entail the performance of duties and functions which cannot be adequately performed
by members of the other sex".
Quite contrary to above provisions, article 18 of the Constitution gives every citizen the right to
enter upon any lawful profession or occupation, and to conduct any lawful trade or business
subject to qualification and licensing requirements.

9. FAMILY RESPONSIBILITIES(HUZEFA)

Paternity Leave

There is no provision in the law on paid or unpaid paternity leave for the private sector workers.

Paternity Leave is provided under Revised Leave Rules, 1981 in the Punjab province. New
fathers are granted maximum 7 days of paternity leave on or immediately before the birth of a
child. This leave is admissible only two times during the entire service. 

In line with the National Commission on the Status of Women Employees (Recruitment and
Conditions of Service) Rules, 2018, male employees in regular service are entitled to 10 days of
fully paid paternity leave outside his leave account from the date of spouse's confinement.  

Similarly, Sindh Police has also issued notification of 10 days paternity leave outsise leave
account for all offi cers and offi cials immediately on or after birth of a child. 

Parental Leave

There is no provision in the law on paid or unpaid parental leave.

Flexible Work Option For Parents / Work-Life Balance

No provisions could be located in the law supporting work-life balance for parents or workers
with family responsibilities.

10. MATERNITY AND WORK (HUSSAIN)

11. SICK LEAVE (HUSSAIN)
12. SOCIAL SECURITY (HUSSAIN)
13. TRADE UNIONS AND ITS MEMBERSHIP (HUSSAIN)
14. WORK AND CHILD CARE (HUSSAIN)

Weaknesses in the Law (Tahir Mazahir)

1. Limited Coverage: Pakistan's labor laws only apply to workers in the formal sector. The majority
of the workforce in Pakistan is employed in the informal sector, where there is no legal
protection or job security.
 2. Inadequate Enforcement: Even where laws exist, they are often not enforced effectively.
Employers may violate labor laws with impunity, knowing that they are unlikely to face any
consequences.

3. Weak Collective Bargaining: Labor unions in Pakistan have limited power to negotiate with
employers. Collective bargaining is often discouraged, and unions may face harassment and
intimidation.

4. Limited Protections for Migrant Workers: Pakistan has a large number of migrant workers, who
are often subject to abuse and exploitation. However, the labor laws do not provide adequate
protection for these workers.

5. Inadequate Occupational Health and Safety Standards: Workplace safety standards in Pakistan
are often inadequate, leading to workplace accidents and injuries. Many employers do not
provide safety equipment or training to workers.

6. Limited Protections for Women Workers: Women workers in Pakistan face discrimination and
harassment in the workplace. The labor laws do not provide adequate protection against these
abuses.

7. Low Minimum Wage: The minimum wage in Pakistan is set at a very low level, making it difficult
for workers to meet their basic needs. The low minimum wage also contributes to the
prevalence of child labor and other forms of exploitation.

2 Real Life Examples of Neglect of Labor Laws (Tahir Mazahir)

1. In 2012, a fire broke out at a garment factory in Karachi, killing more than 250 workers. The
factory had poor working conditions, with locked doors and barred windows, which prevented
workers from escaping the fire. The incident highlighted the lack of safety standards in the
garment industry and the failure of the government to enforce labor laws.

2. In 2016, the International Labour Organization (ILO) reported that child labor was prevalent in
the brick-making industry in Pakistan. The ILO found that children as young as five were working
in hazardous conditions, and many were not attending school.

3. In 2018, workers at the Serena Hotel in Islamabad went on strike to demand better working
conditions and higher wages. The workers claimed that they were not being paid the minimum
wage and were forced to work long hours without overtime pay. The hotel management was
accused of using intimidation tactics to prevent workers from organizing and protesting.

4. In 2020, during the COVID-19 pandemic, reports emerged of workers being laid off or forced to
work without protective gear or adequate safety measures. Workers in the healthcare sector,
including nurses and doctors, complained of a lack of personal protective equipment (PPE) and
inadequate training on how to use it.
Areas Requiring Implementation of Labor Laws (tahir Mazahir)
This part will discuss the areas of the economy where there is a lack of labor laws and heed the policy
makers to pay attention to them. For instance, around 3.3 million Pakistani children are engaged in child
labor, denying them their childhood, health, and education, and sentencing them to a life of poverty and
lack. Without the necessary laws in place, children with brimming potential are lost to exploitation from
a young age.

1. Minimum Wage: The government needs to ensure that all workers receive the minimum wage
set by law. Many workers in Pakistan, especially those in the informal sector, are paid below the
minimum wage, which makes it difficult for them to meet their basic needs.

2. Occupational Health and Safety: Employers must provide a safe working environment for their
workers. There should be measures in place to prevent workplace accidents and injuries.
Workers should also be provided with safety equipment and training on how to use it.

3. Child Labor: Child labor is prevalent in many sectors in Pakistan, including agriculture, brick-
making, and domestic work. The government needs to enforce laws prohibiting child labor and
ensure that children are not forced to work in hazardous conditions.

4. Discrimination: Women, minorities, and people with disabilities often face discrimination in the
workplace. Employers need to ensure that all workers are treated fairly and that there is no
discrimination based on gender, religion, or disability.

5. Collective Bargaining: Workers should have the right to form and join unions and engage in
collective bargaining. Employers should not use intimidation tactics to prevent workers from
organizing or protesting.

6. Contractual Rights: Employers must ensure that workers are provided with a written
employment contract that outlines their rights and responsibilities. This will help prevent
exploitation and ensure that workers are aware of their legal rights.

7. Migrant Workers: Migrant workers are often subject to abuse and exploitation. The government
needs to enforce laws that protect migrant workers and ensure that they are not exploited by
employers.

Recommendations (afia)
In light of the current laws and their inherent weaknesses to protect labor rights, following are some
recommendations to policy makers for improving the legislature. There are several policy
recommendations that could be implemented to improve the implementation of labor laws in Pakistan.
These include:

1. Strengthening the enforcement mechanisms: One of the major challenges with the
implementation of labor laws in Pakistan is weak enforcement. The government should focus on
strengthening the enforcement mechanisms by providing more resources and personnel to
labor inspection agencies, and ensuring that inspections are carried out regularly and fairly.
2. Reviewing and updating existing laws: The current labor laws in Pakistan were mostly
formulated in the 1970s and 80s. Policy makers should review and update these laws to ensure
that they are in line with current international standards and best practices. This could involve
making changes to provisions related to working hours, minimum wage, occupational health and
safety, and social security. The policy makers must focus on
fewer laws which are easier to enact, follow, and enforce.

3. Improving access to justice: Workers who have been subject to labor law violations often face
significant barriers to accessing justice. The government should work to improve access to
justice by providing legal aid and support services, simplifying court procedures, and creating
specialized labor courts to handle labor law disputes.

4. Addressing gender-based discrimination: Women in Pakistan often face discrimination in the

workplace, including lower wages and limited opportunities for advancement. Policy makers
should work to address gender-based discrimination by introducing laws and policies that
promote gender equality in the workplace, and by providing support for women's participation
in the labor force.

5. Strengthening the role of trade unions: Trade unions play an important role in protecting
workers' rights and promoting collective bargaining. The government should work to strengthen
the role of trade unions by providing them with legal protections, ensuring that workers are free
to join unions, and promoting dialogue and cooperation between unions and employers.

6. Raising awareness among workers: Many workers in Pakistan are not aware of their rights
under labor laws. The government should focus on raising awareness among workers about
their rights and the protections provided by labor laws. This could be done through public
education campaigns, targeted outreach to specific sectors, and working with trade unions and
civil society organizations. The goal of policy makers must be
making rights and duties more understandable.

7. Improving working conditions: While labor laws in Pakistan provide protections for workers,
many workers still face poor working conditions. The government should work to improve
working conditions by strengthening occupational health and safety regulations, enforcing
minimum wage laws, and ensuring that employers provide benefits such as sick leave and paid
vacation.

8. Strengthening the legal framework for labor rights: The existing labor laws in Pakistan provide
some protections for workers, but there are significant gaps and weaknesses in the legal
framework. Policy makers should work to strengthen the legal framework for labor rights by
introducing new laws and regulations that provide better protection for workers. This could
include laws that regulate non-standard forms of employment, such as contract and casual
work.

9. Promoting dialogue between employers and workers: Policy makers should work to promote
dialogue and cooperation between employers and workers. This could involve setting up
mechanisms for collective bargaining, encouraging the formation of trade unions, and providing
support for the establishment of worker cooperatives.
10. Providing support for small and medium-sized enterprises: Small and medium-sized enterprises
(SMEs) are an important source of employment in Pakistan. Policy makers should provide
support for SMEs, including financial support, training, and capacity-building programs, to help
them comply with labor laws and provide better working conditions for their employees.