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Industrial Legal

Environment in Pakistan
Session IV

Role of Work and Labour Policies & Laws


Work and Labour Laws
Work is central to peoples wellbeing
Providing income, access to amenities, leading a productive and healthy life
Paves way for broader social and economic advancement
All is intricately related to employment and as such on the labor laws
Purpose the Labour Law: Meeting Economic and Social Challenges
Establishing a legal system that facilitates productive individual and collective
employment relationships, and therefore a productive economy
Providing a framework within which employers, workers can interact with regard
to work-related issues achieving harmonious industrial relations
Giving clear and constant reminder and guarantee of fundamental principles and
rights at work and establishing the processes for implementation and
enforcement of such principles.

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Substantive Provisions of Labor Legislation


International Labor Organization (ILO)
Freedom of
Association

Right to collective
bargaining

Elimination of
forced labour

Collective settlement of
disputes

Elimination of discrimination in
employment and occupation

Right to
strike

Elimination of child
labour

Existing Laws in Pakistan are categorized as laws relating to :


Industrial Relations
Wages
Working Hours, Conditions of
Services and Employment
Equality and Empowerment of
Women

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Social Security
Labour Welfare
Employment & Training
Others

Need of Industrial Relations


System
industrial relations system establishes rules
that govern this process. Harmonious
industrial relations promote efficiency,
productivity and decent work
participative and mutually respecting
industrial relations advance cooperation,
enhance productivity and promote trust
thereby
reducing
antagonism
and
exploitation.

Industrial Relations in
Pakistan
The role of industrial relations in Pakistan is
increasing due to the changing structure of
economy with growing share of industrial
sector, and increase of labour force
Pakistan's labor movement no doubt
operates under a barrage of restrictive laws.
The Government has powers to legally
intervene in the internal affairs of the unions.
Hostility from employers and at times by
officials is not uncommon. No wonder,
attempts to form unions are loathed and
resisted

Labor Policies in Pakistan:


A Brief Overview

Labor
Labor
Labor
Labor
Labor
Labor

Policy
Policy
Policy
Policy
Policy
Policy

1955
1959
1969
1972
2002
2010

The Constitution of Pakistan


provisions
Article 11of the Constitution prohibits all
forms of slavery, forced labour and child
labour
Article 17provides for a fundamental
right to exercise the freedom of association
and the right to form unions
Article 18proscribes the right of its
citizens to enter upon any lawful profession
or occupation and to conduct any lawful
trade or business

Continue
Article 25lays down the right to equality
before the law and prohibition of
discrimination on the grounds of sex
alone
Article 37(e)makes provision for
securing just and humane conditions of
work, ensuring that children and women
are not employed in vocations unsuited to
their age or sex, and for maternity
benefits for women in employment
Article 38 well being irrespective of sex,
caste creed or race; Social Security

Concurrent Subject
Definition: It is the responsibility of both
the Federal and Provincial Governments
For uniformity laws are enacted by the
Federal Government
Provincial Governments may make rules and
regulations of their own

Under 18th Amendment, concurrent list has


been abolished.

Industrial & Labor Laws in Pakistan

Industrial Relations Act, 2008


Factories Act, 1934
Employees Social Security Ordinance
Industrial & Commercial Employment
(Standing Orders) Ordinance, 1968
Mines Act
Maternity Benefits Ordinance, 1958
Employment of Children Rules, 1995
Payment of Wages Act, 1936
others

History

Industrial Disputes Act 1947


Industrial Disputes Ordinance 1959
Industrial Disputes Ordinance 1968
Industrial Relations Ordinance 1969
An amendment in 2002
Industrial Relations Act 2008

Contract of Employment &


Termination
Formal appointment letter
Terms and conditions & nature and tenure
Pay, allowances and other fringe benefits
One month wages or in lieu of notice

Working Time and Rest Time


9 hours a day and 48 hours a week
Rest or meals of at least 1 hour

Leaves
After 12 months service, 14 paid leave
After 4 months, 6 weeks Prenatal & postnatal
Maternity leave
14 days of Annual leave, 10 days Casual leave

Minimum Age & Protection of


Young Workers
14 and 18 years with adolescent certificate
Child can 5 hours in a day

Pay Issues
Minimum of Rs. 6,000 (from 2008)

Trade Union and Employers


Association
Registered Unions
Strikes & Lock-outs
Without Notice of conciliation Strikes &
Lock-outs are illegal

Collective Labour Disputes


Commencement of a dispute,
Give written notice
15 days Notice to settle by negotiation

Conciliation
Serve a notice within 15 days for not
settlement
A copy to Conciliatorand Labour Court

Arbitration

If the conciliation fails


agreed upon Arbitrator
Arbitrator gives his or her award within 30 days
Award is valid for 2 years

Labour Courts
At Provincial level

Industrial Relations Acts in


Pakistan:
some more discussion

IRO, 1969
IRO, 2002
IRA, 2008
IRA, 2012

Labour Force of Pakistan


(2009 estimates)
Total: 53 million people
47 % within the Agriculture sector
10 % in the Manufacturing & Mining
sector
43 % in other professions

Thank You