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Human Resource

Management
Lecture 28

MGT 350

Last Lecture
Knowledge Management
Knowledge Hierarchy
Explicit knowledge
Tacit knowledge
Knowledge Management
Systematic and active management of ideas, information, and knowledge
residing within organizations employees
Organizational Learning
Knowledge Management Initiatives
Approaches to Knowledge Management
Factors Leading to Success and Failure of Systems

Topic

Labour Laws In Pakistan

Labour Laws

The Constitution of Pakistan 1973.


Part II: Fundamental Rights and Principles of
Policy
Article 11 of the Constitution prohibits all
forms of slavery, forced labour and child
labour
Article 17 provides for a fundamental right to
exercise the freedom of association and the
right to form unions
Article 18 give the right to its citizens to enter

Labour Laws

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.

Labour Legislation

Every employer in an industrial or


commercial establishment is required to
issue a formal appointment letter at the time

Labour Laws

Termination of appointment must be


communicated in writing. under Section 46 of
the Industrial Relations Ordinance 2002,
aggrieved employee may proceed him or
herself or through labour union with in three
months
Labour courts examines and intervene a
case of violation of principle of nature of
justice and unjust action of employer
The Factories Act, which governs the
conditions of work of industrial labour,

Labour Laws

Section 22-B of the Mines Act, 1923 restrict


weekly hours at 48 hours or 8 hours each
day, with the limitation of spread-over 12
hours and interval for rest for one hour every
six hours.
The Factory Act enforce that no worker shall
be required to work continuously for more
than six hours
According to the Factories Act, 1934, every
worker who has completed a period of twelve
months of continuous service in a factory
shall be allowed holidays for fourteen

Labour Laws

The Factories Act, 1934 provides that every


worker is entitled to 10 days casual leave
with full pay and further 16 days sick or
medical leave on half pay.

Labour Laws
Under section 49 of the Factories Act,
workers are entitled to enjoy gazetted
holidays
If worker is required to work on holiday he or
she will be allowed substitute holiday on full
pay
The Maternity Benefit Ordinance, 1958
prohibits the dismissal of the woman during
her maternity leave

Labour Laws
Article 11(3) of Constitution of Pakistan
prohibits the employment of children below
the age of fourteen years in any factory, mine
or other hazardous employment. Make it
obligatory to provide safe and human
working conditions
The Factory Act provides that no child or
adolescent is allowed to work in a factory
between 7 p.m. and 6 a.m
Further laws emphasize on cleanliness,
drainage, ventilation, and hygiene of work
place . Provision of drinking water. All

Labour Laws
The Payment of Wages Act, 1936 regulates
payment of certain classes of industrial workers.
The act enforce payment of wages with in seven
days if number of employees workers are less
than 1000 in other case with in ten days of
completion of wage period
The Joint Works Council deals with issues of
settlement of differences through bilateral
negotiations, promoting conditions of safety and
health for the workers, encouraging vocational
training within the establishment, taking
measures for facilitating good and harmonious

Labour Laws
Registration of trade union is to be made
under the Industrial Relations Ordinance
Labour Disputes
Under Article 46 of the IRO 2002, a worker
can bring his or her grievance to the notice
of employer in writing with in one month of
cause of such grievance and employer with
in fifteen days has to communicate the
decision in writing to employee
If worker is dissatisfied with the decision or
employer fail to communicate the decision in
writing, employee can take the case to labour

Labour Laws
Collective Bargainng Agent and Agreement
Industrial Relations Ordinance have provision
for appointment of collective bargaining agent
that is elected by secret ballot
CBA entitle to undertake collective bargaining
with employers
CBA formulate collective agreements
Agreement may contains matters such as
facilities for unions, dispute resolution process
including grievance handling and disciplinary

Labour Laws
Collective Labour Disputes
Under the IRO 2002, if an employer or a
Collective Bargaining Agent finds that an
industrial dispute has arisen or is likely to
arise, they may communicate their views in
writing to the other party. Upon receipt of the
communication, the other party has fifteen
days (or more if agreed) to try and settle the
dispute by bilateral negotiations.
Conciliation
If the parties do not manage to reach a

Labour Laws
Collective Labour Disputes
If the conciliation fails, the Conciliator tries to
persuade the parties to refer their dispute to an
arbitrator. If they agree, the parties make a join
request in writing to the arbitrator they have
agreed upon.
The arbitrator gives his or her award within a
period of 30 days or a period agreed upon by
the parties. The award of the arbitrator is final
and valid for a period not exceeding two years.

Equal Employment Practices in Pakistan

Equal Employment Opportunity


Equal Employment Opportunity (EEO) prohibits
discrimination against anyone on any excuse
EEO speaks of the equality of every human being
(irrespective of gender, religion, caste, ethnicity,
color, age, physical disability etc) while
considering a candidate before, during and after
employment
Source: Syed, J. (2003) 'Equal employment practices', Pakistan and Gulf Economist,
Issue No. 39, Sep 29 - Oct 05, pp. 34-37.
Affirmative Action: These are conscious efforts to compensate past unfair and bias
practices in organization

Equal Employment Opportunity


Article 27 of Constitution of Pakistan, prohibit
discrimination based on gender in Services of
Pakistan
further make it obligatory to take steps to
ensure full participation of women in all
spheres of national life

According to Articles 34 and 38a, it is


responsibility of state to work for wellbeing of
the people of Pakistan by raising their standard
of lives and taking steps to prevent
concentration of wealth in few hands and

Equal Employment Opportunity


On 30 April 2000, the Federal government
announced Labor Welfare Package for
Workers making it obligatory for the
organizations to offer gender equality and
affirmative action. In summary, it permits:
Equal remuneration for men and women for
work of equal value through appropriate
legislation.
Enhancement of maternity
female mine workers.

benefits

for

Equal Employment Opportunity

Disabled Persons:
Disabled Persons (Employment and
Rehabilitation) Ordinance 1981 allot 1 percent
quota to disabled
In 2002, Ministry of Social Welfare and Special
Education ask Cabinet Division for 2 percent
quota of disabled persons in all Ministries

Equal Employment Opportunity

In Pakistan despite labour laws making


obligatory to practice equal employment
opportunity in employment, employers take
cover under circumstances and acceptability
Women are even not consider for selection and
interview on several grounds (they can not stay
in office late, they quit their jobs after marriage,
they give more time to their children, they can
not move from one place to other)
In Public sector delaying tactics of writing ACRs
deprived eligible employees from timely

Equal Employment Opportunity

In Pakistan most of the jobs are filled


through references and relationships
Ethnicity, regional belonging and alumni also
play role in selection
In terms of working conditions, women are
also victims of sexual harassment
No separate or adequate facilities for women

Lack of facilities for disabled persons

Summary

Labour Laws In Pakistan


The Constitution of Pakistan
The Payment of Wages
Registration of trade union is to be made under the Industrial
Relations Ordinance
Collective Bargaining Agent and Agreement
Collective Labour Disputes
Equal Employment Practices in Pakistan
EEO speaks of the equality of every human being (irrespective
of gender, religion, caste, ethnicity, color, age, physical disability
etc) while considering a candidate before, during and after
employment