LAWS OF EQUAL EMPLOYMENT

OPPORTUNITIES (EEO) IN
PAKISTAN

GROUP MEMBERS:
AROOJ SHAFIQUE
MUNTAHA ABBAS
NIMRAH AFZAL
RUKHSHANDA IHSAN
Presented to:
Mrs Huma Abid
 WHAT IS EEO…?

Equal employment opportunity refers:

“The right of all people to work and to advance on

the basis of merit, ability, and potential”.
&
“Making sure that workplaces are free from all forms
of unlawful discrimination and harassment.”
Importance of EEO in Pakistan
 As EEO is not implemented in its original form in
Pakistan, therefore, as a result almost each and
every organization is effected by it. Its is important
to know ones right in organization regarding EEO,
because here in Pakistan nepotism and favoritism is
given preference over merit.
Pakistan is signatory of international agreements and
conventions

 ILO Discrimination (Employment and Occupation)

Convention, 1958 (No. 111) (ratified on 24/1/1961)
 ILO Equal Remuneration Convention, 1951 (No. 100)
(ratified on 11/10/2001)
 UN Convention on the Elimination of All Forms of
Discrimination Against Women, 1979 (ratified on 12/3/1996) 
 ILO Vocational Rehabilitation and Employment (Disabled
Persons) Convention, 1983 (No. 159) (ratified on
25/10/1994)
 ILO Underground Work (Women) Convention, 1935 (No. 45)
 EEO -------- Pakistani perspective

Factors affecting EEO:

 Social Taboos
Sexual Voilence/harrsment/ divorce, women Doing Field Work

 Religious Constraints
Religious constraints may also be associated with a range of
other negative social and economic impacts including reduced
social cohesion and social connection
 Muslims Family Laws
The implications are particularly severe in Islamic societies
because of a lack of democratic and right education of Islamic
principles
EEO -------- Pakistani perspective (cont.)

 Islamic Sharia court

Women are allowed to work in Islam, subject to certain
conditions. For example, an acceptable circumstance is if
a woman is in financial need and her employment does not
cause her to neglect her important role as a mother and wife.

 Hudood ordinance
ZIA-UL-HAQ’S ‘Islamization’ policies had detrimental effects
for women especially through a set of law called the Hudood
Ordinances.
 Women Protection Bill
Bill passed for the safety and EEO for women helped them in
every field of there life

 Labor policies
The Constitution of Pakistan has a wide range of provisions in
regards to labor rights as Articles 11, 17, 18, 25 and 37(e) but
they are not implemented practically.

 References and relationships

This has also major affect on EEO because many of the qualified
and well deserving candidates do not get jobs of this.
 Summary of EEO in Pakistan
 In Pakistan despite labor 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 promotion thus violating EEO
 Costly and time consuming efforts are also hurdles for discriminated workers
to pursue their cases under prevailing law
 Lack of education and information also preclude labor to claim their legal
right given under laws
 HR and line managers are not educated and aware of EEO laws
EEO LAWS IN PAKISTAN
1.Objectives Resolution 1949
 The base for the equality of all citizens was provided in the Objectives
Resolution which was passed by the Constituent Assembly of Pakistan in
March, 1949. This resolution later became a substantive part of the
Constitution of Pakistan. The Pakistani Objectives Resolution proclaimed the
following principles:
 The constitution of Pakistan should be framed by the constituent assembly.
 The principles of democracy, freedom, equality, tolerance and social justice
as enunciated by Islam shall be fully observed.
 Adequate provision shall be made for the minorities to freely progress and
practice their religions and develop their cultures.
 Fundamental rights shall be guaranteed. They include equality of status, of
opportunity and before law, social, economic and political justice, and
freedom of thought, expression, belief, faith, worship and association, subject
to (the) law and public morality.
 2.1973 Constitution
 The laws related to the equal opportunity further
improved in Constitution of 1973.
 Article 11 of the Constitution prohibits all forms of
slavery, forced labor and child labor.
 Article 17 provides fundamental right to exercise the
freedom of association and the right to form unions.
 Article 18 says every citizen; subject to qualifications
can enter a trade, business or profession of his/her
choice.
1973 Constitution(cont.)
 Article 25 of the Constitution provides following guidelines for
the equality of citizens:
1. All citizens are equal before law and are entitled to equal
protection of law.
2. There shall be no discrimination on the basis of sex alone.
3. Nothing in this Article shall prevent the State from making any
special provision for the protection of women and children.
 Article 26 says no person otherwise qualified can be
discriminated against in the matter of employment on the basis
of race, religion, caste, gender, residence or place of birth.
3.Labor welfare package 2000
 Labor Welfare Package for Workers was announced by federal
government on April 30, 2000 in which it was made obligatory for the
employers to offer gender equality and affirmative action. This package
enforces:
 Equal remuneration (payment) for men and women for work of equal
value through appropriate legislation (law).
 Enhancement of maternity benefits for female mine workers.
 Safeguards against sexual harassment through appropriate actions.
 Recruitment of female labor inspectors for enforcement of labor laws on
female workers.
 Increase in percentage of reserved seats of workers and peasants at Union
Councils, Tehsil Councils and District Councils in the Devolution of
Power Plan.
 4.Minorities
 Article 36 of constitution of Pakistan, talks about
the protection of minorities, the main purpose of
this article is to highlight that minorities are equal
to Muslims and their interests are also important
and have right to make their representation in
federal and local public institutions.
5. Equal Pay Act 1963
 The EPA is the first national civil right legislation focusing on
employment discrimination.
 It protects men and women who perform substantially equal
work in the same establishment from gender-based wage
discrimination.
 Ministry of Women’s Development has taken the following steps
to advance the work for women as well as equal pay for work:
 Increasing women’s capacity to earn by increasing women’s
access to sources of livelihood. While promoting equal
employment opportunities that accommodate women-oriented
work policies for paid work.
5. Equal Pay Act 1963 (cont.)
 Improving facilities for the education, training and
skills development for women, to enter and re-enter
the labor force, including special arrangements, as
specified in the draft Labor Policy for the female
relatives of workers.
 According to an estimate,
In 2016 the UN Entity for Gender Equality and the
Empowerment of Women (UN Women) estimated
the gender pay gap in Pakistan is 29%.
6.Discrimination based on
Gender
 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“
  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 Pakistan society, women have to face violence and prejudice every
day in every field due the religious and cultural norms. According to
an estimate, around 70 to 80% of Pakistani women suffered domestic
violence, and not to be alowed to do work outside.
7.Workplace Violence in Pakistan 2010

 The prompt and effective legislation over the Protection against Harassment

at the Workplace Bill 2009 would ensure a better environment to women at
their specific workplace.
 Several Pakistan Human Rights Society members and chairman Kowkab
Iqbal advocate commented in favor to pass an act against workplace
violence.
 The National Assembly Standing Committee on Law and Justice had
amended a bill over Pakistan Penal Code (PPC) Section 509 to effectively
tackle and discourage all kinds of unwanted advances at work places. It had
discussed the section 509 PPC and added the new clause 509-A, which said
“Whoever makes sexual advances or demands sexual favor or uses written or
verbal or physical conduct of a sexual nature which intends to annoy or
threaten the other person or commits such acts at the premises of work place
shall be punished for 3 years”.
 8.Age Discrimination Act 2004 – Sec 4
 This law protects people who are 40 or older from discrimination because
of age.
 The law also makes it illegal to retaliate against a person because the
person complained about discrimination, filed a charge of discrimination,
or participated in an employment discrimination investigation or lawsuit.
 The ADEA is administered by the Department of Labor's Equal
Employment Opportunity Commission (EEOC), and applies to companies
with at least 20 employees and covers both private and public employers.
 This Act makes it unlawful to discriminate on the ground of age.
 This Act has effect subject to certain geographical and constitutional
limitations
 Discrimination on the ground of age can be direct or indirect. 
9. Civil Rights Act of 1964

 This law makes it illegal to discriminate against someone on

the basis of race, color, religion, national origin, or gender.
 The law also makes it illegal to retaliate(repay) against a
person because the person complained about discrimination,
filed a charge of discrimination, or participated in an
employment discrimination investigation or lawsuit.
 The law also requires that employers reasonably
accommodate applicants' and employees' sincerely held
religious practices, unless doing so would impose an undue
hardship on the operation of the employer's business.
 
10. Disabilities Rights Act Law
 The Disability Rights Act, approved on 10 January, will provide
a comprehensive legal framework to protect and promote the
rights of people with disabilities in Pakistan.
 This new law will allow us to challenge incidents involving this
kind of discrimination through the legal system. 
 It gives individuals legal recourse in all areas of life including
education, employment and healthcare.
 Federal and Provincial governments have also made legislations
about the provision of 2% quota for special (disabled) people in
the employment. This was enacted by the Disabled Persons
(Employment and Rehabilitation) Ordinance 1981.
How to Achieve Fairness in EEO
 Correct stereotyped thinking.
 Provide equal pay for equal work.
 Promote on the basis of merit rather than seniority.
 Modify employee benefits to needs of women,
minorities and working families.
 Management training in EEO requirements.
 Conclusion
 In Pakistan, major challenge of EEO is not legislation, but
implementation. Implementation necessitates a broad-scaled
education and appreciation of EEO philosophy for the
competitiveness and very existence of an organization on
micro and macro level.
 Government as well as organizations must initiate an EEO
program starting with the education of policy makers, and the
employees in general so that they can understand the rationale
of this program and wholeheartedly support it.
 References
 https://www.lawyersnjurists.com/article/equal-employm
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 https://www.slideshare.net/saifullahmalik/equal-employ
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 https://www.slideshare.net/smo1/ch02-45790693