Explore workers' rights and legal protections in Pakistan
In Pakistan, the Industrial and Commercial Employment (Standing Orders) Ordinance, 2018 (Standing Orders) provides the legal framework for termination of employment, including dismissal, notice periods, and severance pay.
The Standing Orders outline several reasons for which an employer can lawfully terminate an employee's contract. These include:
The Standing Orders emphasize the need for a fair inquiry before dismissal, including providing the employee with an opportunity to explain their actions.
The Standing Orders require employers to provide written notice to employees before termination. The required notice period is determined by the employee's length of service:
During the notice period, the employee remains employed and entitled to their full salary and benefits.
In the case of termination without fault on the employee's side, the Standing Orders entitle them to receive severance pay. The amount is calculated based on the employee's last drawn salary and their length of service:
Exceptions exist for employees dismissed due to misconduct or gross negligence, who forfeit their severance pay entitlement.
Pakistan has made significant progress in establishing a legal framework that combats workplace discrimination. While there isn't a single, overarching anti-discrimination law in Pakistan, several legal provisions offer protection against discrimination based on specific characteristics.
These characteristics include:
The legal landscape regarding anti-discrimination in the private sector is evolving. While the aforementioned laws provide a framework, there's a need for more comprehensive legislation specifically addressing private sector employment.
If you believe you have been discriminated against in the workplace, here are some ways to seek redress:
Employers in Pakistan have a legal and ethical responsibility to foster a discrimination-free workplace. This includes:
In Pakistan, regulations have been established that outline the minimum requirements for working conditions across various sectors.
Under the Factories Act, 1934, which applies to factories employing 10 or more workers, the working week is restricted to a maximum of 48 hours and a workday to 9 hours for adult workers, defined as those above 18 years old. The West Pakistan Shops and Establishments Ordinance, 1969, which regulates working hours in shops and commercial establishments, also sets a maximum workweek of 48 hours. It's important to note that these regulations primarily establish a maximum limit on working hours. Concepts like minimum daily or weekly hours, or limitations on overtime work, are not explicitly addressed in these legislations.
The Factories Act, 1934 mandates a rest period of at least one hour for every six hours of work. Unfortunately, specific regulations regarding meal breaks are not explicitly defined.
Ergonomic considerations are not explicitly mandated by a single, overarching legislation in Pakistan. However, the Factories Act, 1934 empowers the government to make rules for the "safety, health, and welfare" of workers. These rules might touch upon ergonomic principles in specific contexts.
While there are regulations in place, it's acknowledged that stronger enforcement mechanisms are needed to ensure consistent application of these standards across all workplaces in Pakistan.
Ensuring a safe and healthy work environment is crucial for both employers and employees in Pakistan. The primary legislation governing health and safety in factories employing 10 or more workers is the Factories Act, 1934. It outlines various employer obligations and employee rights.
Under the Factories Act, employers have several obligations:
These are some of the core obligations, and the Factories Act empowers the government to establish further regulations for specific industries or hazards.
The Factories Act also recognizes employee rights concerning health and safety:
Understanding these rights empowers employees to actively participate in maintaining a safe work environment.
The primary responsibility for enforcing health and safety regulations falls on the Provincial Departments of Labour. These departments conduct inspections and have the authority to issue violation notices and impose penalties on non-compliant employers.
The Sindh Environmental Protection Agency (SEPA) plays a role in enforcing health and safety standards related to environmental hazards in workplaces within Sindh province.
It's important to note that concerns exist regarding the adequacy of enforcement mechanisms. Strengthening enforcement and promoting a culture of safety remain ongoing challenges.
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