Pakistan’s labour laws can be challenging for both employers and employees to navigate. However, a thorough understanding of these laws is critical to ensuring a fair and just workplace and avoiding legal issues. In this comprehensive guide, we’ll take a closer look at Pakistani labour law, providing key insights and information for both employers and employees.
I. INDUSTRIAL RELATIONS ACT OF 2012:
The Industrial Relations Act of 2012 is at the core of Pakistani labour law. This act covers all aspects of employer-employee relations, including trade union formation and functions, minimum wage rates, working hours, and occupational health and safety regulations.
II. TERMINATION OF EMPLOYMENT:
Article 11(3) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, stipulates that employers must have a valid reason for terminating an employee. This can include poor performance, misconduct, or redundancy. Without a valid reason, termination is considered unjust and can lead to legal repercussions for the employer.
III. EMPLOYEE PROTECTIONS AND BENEFITS:
Pakistani labour law provides a range of protections and benefits for employees. These include the right to a safe and healthy working environment, the right to form and join trade unions, and the right to maternity and paternity leave. Employers are required to provide employees with social security, medical insurance, and pension plans as well.
IV. EMPLOYER OBLIGATIONS:
Employers must comply with labour laws to ensure a fair and just workplace and avoid costly legal battles. Employers are obligated to provide a safe and healthy working environment, comply with minimum wage rates and working hours, and ensure that discrimination and harassment are not tolerated in the workplace.
V. EMPLOYEE RIGHTS:
Employees also have rights under Pakistani labour law, including the right to equal pay for equal work, the right to a safe and healthy working environment, and the right to seek legal recourse if they feel their rights have been violated.
VI. DOMESTIC WORKERS:
Domestic workers are a significant part of the Pakistani workforce, yet they are often overlooked and exploited. Pakistani labour law applies to domestic workers, and they are entitled to the same protections and benefits as other employees. However, domestic workers are often subject to abuse, underpayment, and long working hours, with little to no job security. Employers must ensure that they provide domestic workers with a fair and just working environment and comply with all labour laws related to domestic workers.
Child labour is a significant issue in Pakistan, with an estimated 12.5 million children working in various industries. Pakistani labour law prohibits the employment of children under the age of 14 in any industry. Employers who violate this law can face significant fines and legal consequences. It is essential for employers and employees to be aware of this law and report any instances of child labour.
VIII. WORKPLACE SAFETY AND HEALTH:
Pakistan’s labour laws require employers to provide a safe and healthy working environment for employees. Employers must ensure that they comply with all occupational health and safety regulations, including providing protective equipment, implementing emergency response plans, and conducting regular safety audits. Employees have the right to refuse to work in dangerous conditions and should report any safety concerns to their employer.
IX. TRADE UNIONS:
Employees have the right to form and join trade unions under Pakistani labour law. Trade unions can negotiate better wages and working conditions on behalf of employees and can help resolve workplace disputes. Employers are obligated to recognize trade unions and negotiate in good faith with them.
LABOUR LAW SERVICES
At Sardar CO, we understand the complexities and challenges of navigating labour law in Pakistan. Our team of experienced lawyers is dedicated to providing high-quality legal services to both employers and employees. We offer a range of labour law services, including drafting employment contracts, resolving workplace disputes, and representing clients in legal proceedings. Our goal is to ensure that our clients comply with all labour laws while protecting their rights and interests. Contact us today to learn more about how we can assist you with your labour law needs.