Labour Laws In Pakistan

Intro to HRM Sir Farhan Bukhari Sec : A

Name : ID :

Syed Owais Ali SP07-BB-0135

Article On

Labor laws in Pakistan and its Application

Labor Law: The varied body of law applied to such matters as employment, remuneration, conditions of work, trade unions, and industrial relations. In its most comprehensive sense the term includes social security and disability insurance as well. Unlike the laws of contract, tort, or property, the elements of labor law are somewhat less homogeneous than the rules governing a particular legal relationship. In addition to the individual contractual relationships growing out of the traditional employment situation, labor law deals with the statutory requirements and collective relationships that are increasingly important in massproduction societies, the legal relationships between organized economic interests and the state, and the various rights and obligations related to some types of social services.

Labor laws in Pakistan: The Constitution of Pakistan contains a range of provisions with regards to labor rights found in Part II: Fundamental Rights and Principles of Policy. • Article 11 of the Constitution prohibits all forms of slavery, forced labor and child labor; • Article 17 provides for a fundamental right to exercise the freedom of association and the right to form unions; • Article 18 proscribes the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business; • Article 25 lays 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.

Other important points which also part of this law are: • • • • • • • • • • • • • • • • • • • • • • • • • •

Labor Legislation Contract of Employment Termination of the Contract Working Time and Rest Time Working hours Paid Leave Maternity Leave and Maternity Protection Other Leave Entitlements Minimum Age and Protection of Young Workers Equality Pay Issues Workers' Representation in the Enterprise Trade Union and Employers Association Regulation Freedom of association Registration of trade unions Collective Bargaining and Agreements Collective Labor Disputes Commencement of a dispute Conciliation Arbitration Strikes and Lock-outs Proceedings of strikes and lock-outs Illegal strikes and lock-outs Settlement of Individual Labor Disputes Labor Courts Official Gazette

These all points are also the part of Pakistani constitution and it is also declared that the Federal Laws of Pakistan are published by the Government in a document called the Gazette of Pakistan. The Ministry of Justice, Law and Parliamentary Affairs in addition publishes individual Acts through the Official Gazette.

Applications: These all are properly applied in every field, but some are not properly utilize by companies. Still it is providing a great support to different companies and industries and labor get a huge amount of support level because of these laws. These laws also provide a good support in other countries also, In the United States and Canada the development of labor law has been affected by questions of constitutionality, which not only influenced its ultimate form but also retarded its development. In the United States the constitutionality of workmen's compensation laws was much debated until it was favorably settled by the Supreme Court in 1917. In Australia and New Zealand conciliation and arbitration tribunals determine matters normally dealt with in other countries by legislation or collective agreement, such as wages, hours, and conditions of work. The example has had some influence on systems of arbitration courts established in developing countries, notably in Asia and East Africa, but there is no tendency for it to be widely imitated elsewhere except as a device for avoiding deadlocks in negotiation, especially in essential public services.