CONSTITUTION Note: There are following Pakistani laws existing on this page.

1: Constitution of Pakistan 2: Punjab Industrial Relations Ordinance 2010. 3: Child Labour Act 1991. 4: Bonded Labour Obolition Systen Act 1992.

CONSTITUTION OF PAKISTAN. The Constitution of Pakistan contains a range of provisions with regards to labour rights found in 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 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.

Labour Legislation

Pakistans labour laws trace their origination to legislation inherited from India at the time of partition of the Indo-Pak subcontinent. The laws have evolved through a continuous process of trial to meet the socio-economic conditions, state of industrial development, population and labour force explosion, growth of trade unions, level of literacy, Governments commitment to development and social welfare. To meet the above named objectives, the government of the Islamic Republic of Pakistan has introduced a number of labour policies, since its independence to mirror the shifts in governance from martial law to democratic governance.

Under the Constitution labour is regarded as a concurrent subject, which means that it is the responsibility of both the Federal and Provincial Governments. However, for the sake of uniformity, laws are enacted by the Federal Government, stipulating that Provincial Governments may make rules and regulations of their own according to the conditions prevailing in or for the specific requirements of the Provinces. The total labour force of Pakistan is comprised of approximately 37.15 million people, with 47% within the agriculture sector, 10.50% in the manufacturing & mining sector and remaining 42.50% in various other professions.

Contract of Employment

While Article 18 of the Constitution affords every citizen with the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business, the Industrial and Commercial Employment (Standing Orders) Ordinance was enacted in 1968 to address the relationship between employer and employee and the contract of employment. The Ordinance applies to all industrial and commercial establishments throughout the country employing 20 or more workers and provides for security of employment. In the case of workers in other establishments, domestic servants, farm workers or casual labour engaged by contractors, their labour contracts are generally unwritten and can be enforced through the courts on the basis of oral evidence or past practice.

Every employer in an industrial or commercial establishment is required to issue a formal appointment letter at the time of employment of each worker. The obligatory contents of each labour contract, if written, are confined to the main terms and conditions of employment, namely nature and tenure of

appointment, pay allowances and other fringe benefits admissible, terms and conditions of appointment.

Termination of the Contract

The services of a permanent worker cannot be terminated for any reason other than misconduct unless one months notice or wages in lieu thereof has been furnished by the employer or by the worker if he or she so chooses to leave his or her service. One months wages are calculated on the basis of the average wage earned during the last three months of service. Other categories of workers are not entitled to notice or pay in lieu of notice.

All terminations of service in any form must be documented in writing stating the reasons for such an act. If a worker is aggrieved by an order of termination he or she may proceed under Section 46 of the Industrial Relations Ordinance 2002, aimed at regulating the labour-management relations in the country, and bring his or her grievance to the attention of his or her employer, in writing, either him or herself, through the shop steward or through his or her trade union within three months of the occurrence of the cause of action. Forms of termination have been described as removed, retrenched, discharged or dismissed from service. To safeguard against any colorful exercise of power, victimization or unfair labour practices, the Labour Courts have been given powers to examine and intervene to find out whether there has been a violation of the principles of natural justice and whether any action by the employer was bonafide or unjust.

Working Time and Rest Time

* Working hours

Under the Factories Act, 1934 no adult employee, defined as a worker who has completed his or her 18th year of age, can be required or permitted to work in any establishment in excess of nine hours a day and 48 hours a week. Similarly, no young person, under the age of 18, can be required or permitted to work in excess of seven hours a day and 42 hours a week. The Factories Act, which governs the conditions of work of industrial labour, applies to factories, employing ten or more workers. The

Provincial Governments are further empowered to extend the provisions of the Act, to even five workers.

Where the factory is a seasonal one, an adult worker shall work no more than fifty hours in any week and no more than ten hours in any day. A seasonal factory, per section 4 of the Factories Act is that which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or cotton jute pressing, the manufacture of coffee, indigo, rubber, sugar or tea. However, if such adult worker in a factory is engaged in work, which for technical reasons must be continuous throughout the day, the adult worker may work no more than fifty-six hours in any week.

Section 8 of the West Pakistan Shops and Establishments Ordinance, 1969 likewise, restricts weekly work hours at 48 hours. The Shops and Establishments Ordinance regulates persons employed in shops and commercial establishments, who are neither covered by the Factories Act nor by the Mines Act. The Ordinance is exclusive in the whole of Pakistan except for the Federally Administered Tribal Areas. Section 22-B of the Mines Act, 1923 also fixes weekly hours of work for workers 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. Section 22-C further limits the spread-over to 8 hours for work done below ground level.

In factories, the periods and hours of work for all classes of workers in each shift must be notified and posted in a prominent place in the principal language in the industrial or commercial establishment. The law further provides that no worker shall be required to work continuously for more than six hours, unless he or she has had an interval for rest or meals of at least one hour. During Ramadan (fasting month), special reduced working hours are observed in manufacturing, commercial and service organizations.

* Paid Leave As provided in the Factories Act, 1934, every worker who has completed a period of twelve months continuous service in a factory shall be allowed, during the subsequent period of twelve months, holidays for a period of fourteen consecutive days. If a worker fails in any one such period of twelve months to take the whole of the holidays allowed to him or her, any holidays not taken by him or her shall be added to the holidays allotted to him or her in the succeeding period of twelve months. A worker shall be deemed to have completed a period of twelve months continuous service in a factory notwithstanding any interruption in service during those twelve months brought about by sickness, accident or authorized leave not exceeding ninety days in the aggregate for all three, or by a lock-out, or

by a strike which is not an illegal strike, or by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate; and authorized leave shall be deemed not to include any weekly holiday allowed under section 35 which occurs at beginning or end of an interruption brought about by the leave.

* Maternity Leave and Maternity Protection While article 37 of the Constitution makes reference to maternity benefits for women in employment, there are two central enactments, one federal and the other provincial providing maternity benefits to women employed in certain occupations. The Maternity Benefit Ordinance, 1958 stipulates that upon the completion of four months employment or qualifying period, a worker may have up to six weeks prenatal and postnatal leave during which she is paid a salary drawn on the basis of her last pay. The Ordinance is applicable to all industrial and commercial establishments employing women excluding the tribal areas. It also places restrictions on the dismissal of the woman during her maternity leave. Similarly, the Mines Maternity Benefit Act, 1941 is applicable to women employed in the mines in Pakistan.

* Other Leave Entitlements In addition to the 14 days of annual leave with pay, 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. Casual leave is granted upon contingent situations such as sudden illness or any other urgent purpose. It should be obtained on prior application unless the urgency prevents the making of such application. As a customary practice, causal leave is approved in most cases. Sick leave, on the other hand, may be availed of on support of a medical certificate. Management should not refuse the leave asked for if it is supported by a medical certificate.

In addition to the leave entitlements, workers enjoy festival holidays as declared by the Federal Government. The Provincial Government under section 49 of the Factories Act, 1934, states all festival holidays, approximately 13 or as further declared, in the Official Gazette. Additionally, every worker is entitled to enjoy all such holidays with pay on all days declared and notified by the Provincial Government. If however, a worker is required to work on any festival holiday, one day's additional compensatory holiday with full pay and a substitute holiday shall be awarded. Under agreements made with the Collective Bargaining Agent, employees who proceed on pilgrimage i.e., Hajj, Umra, Ziarat, are granted special leave up to 60 days.

Minimum Age and Protection of Young Workers

Article 11(3) of Pakistans Constitution expressly prohibits the employment of children below the age of fourteen years in any factory, mine or other hazardous employment. In addition, the Constitution makes it a Principle of Policy of the State of Pakistan to protect the child, to remove illiteracy and provide free and compulsory education within the minimum possible period and to make provision for securing just and human conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex.

The Factories Act, 1934 allows for the employment of children between the ages of 14 and 18 years provided that each adolescent obtains a certificate of fitness from a certifying surgeon. A certifying surgeon, per section 52 of the Act, shall on the application of any child or adolescent who wishes to work in a factory, or, of the parent or guardian of such person, or of the factory in which such person wishes to work, examine such person and ascertain his or her fitness for such work.

The Act further restricts the employment of a child in a factory to five hours in a day. The hours of work of a child should thus be arranged in such a way that they are not spread over more than seven-and-ahalf hours in any day. In addition, no child or adolescent is allowed to work in a factory between 7 p.m. and 6 a.m. The Provincial Government may, by notification in the Official Gazette in respect of any class or classes of factories and for the whole year or any part of it, vary these limits to any span of thirteen hours between 5 a.m. and 7.30 p.m. Moreover, no child is permitted to work in any factory on any day on in which he or she has already been working in another factory.

Factories are further required to display and correctly maintain in every factory a Notice of Periods for Work for Children, indicating clearly the periods within which children may be required to work. The manager of every factory in which children are employed is compelled to maintain a Register of Child Workers identifying the name and age of each child worker in the factory, the nature of his or her work, the group, if any, in which he or she is included, where his or her group works on shifts, the relay to which he or she is allotted, the number of his or her certificate of fitness granted under section 52, and any such other particulars as may be prescribed.

The provisions of the Factories Act, 1934 are cited in addition to, and not in derogation of the provisions of the Employment of Children Rules, 1995. The Employment of Children Rules extends to the whole of Pakistan with the exception of the State of Azad Jammu and Kashmir and delimits finite labour conditions afforded for the protection of minors. Rule 6 insists on cleanliness in the place of work. No

rubbish, filth or debris shall be allowed to accumulate or to remain in any part of the establishment and proper arrangements shall be made for maintaining in a reasonable clean and drained condition for the workers of the establishment. Rule 7 further calls for proper ventilation in work places where injurious, poisonous or asphyxiating gases, dust or other impurities are evolved from any process carried on, in such establishment. As long as workers are present in an establishment, the latrines, passages, stairs, hoists, ground and all other parts of the establishment in so far as the entrance of the said places is not closed, must be lighted in such manner that safety is fully secured. In addition, in every establishment an arrangement of drinking water for child and adolescent workers is to be provided free of charge. All shafts, couplings, collars, clutches, toothend wheels, pulleys, driving straps, chains projecting set screws, keys, nuts and belts on revolving parts, employed in the establishment, shall be securely fenced if in motion and within reach of a child worker and further may not be operated by a child worker.

Under the Employment of Children Rules, anyone who employs a child or permits a child to work in contravention of the Constitution is punishable by imprisonment for a term extending up to one year or may be fined up to Rs. 20,000 or subject to both. Repetition of the offense is punishable by imprisonment for a term extending up to two years and shall not be less than six months.

Equality

Article 38 of the Constitution imparts the States obligations aimed at achieving equality in the form of securing the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants. All citizens are bestowed, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure and the basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective again of their sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment.

Pay Issues

Wages are construed as the total remuneration payable to an employed person on the fulfillment of his or her contract of employment. It includes bonuses and any sum payable for want of a proper notice of discharge, but excludes the value of accommodations i.e., supply of light, water, medical attendance or other amenities excluded by the Provincial Government; the employers contribution to a pension or

provident fund, traveling allowance or concession or other special expenses entailed by the nature of his or her employment; and any gratuity payable on discharge.

The Payment of Wages Act, 1936, regulates the payment of wages to certain classes of industrial workers. It applies to those workers whose monthly wages do not exceed Rs. 3,000 (51.68 US$) and are employed in factories, railways, plantations, workshops and establishments of contractors. The main object is to regulate the payment of wages to certain classes of persons employed in industry. The provisions of the Act can, however, be extended to other classes of workers by the Provincial Governments after giving three months notice to the employers of their intention to do so. The Act stipulates that wages to workers employed in factories and on railways are to be paid within seven days of completion of the wages period, if the number of workers employed therein is less than 1,000. In other cases, the time limit for payment of wages to the workers is 10 days. No deduction can be made from the wages of the workers excepts as specified in the Act, such as for fines, breach of contract and the cost of damage or loss incurred to the factory in any way other than an accident.

The employer is responsible for the payment of all wages required to be paid to persons employed by him or her. Similarly any contractor employing persons in an industry is responsible for payment of wages to the persons he or she employs. The persons responsible for payment of wages must fix wage periods not exceeding one month. Wages should be paid on a working day within seven days of the end of the wage period, or within ten days if 1,000 or more persons are employed. The wages of a person discharged should be paid not later than the second working day after his or her discharge.

Workers' Representation in the Enterprise

Until the adoption, on 29 October 2002, of the Industrial Relations Ordinance, 2002 (IRO 2002), which repealed the Industrial Relations Ordinance, 1969, Pakistan had a three-pronged system of participation in management (i.e., the Works Council, the Management Committee and the Joint Management Board), independent of each other and each having its own sphere of activities.

The new text simplifies the system, introducing a single body in place of the three previous ones: the Joint Works Council (Article 24 of the IRO 2002). A Joint Works Council must be set up in any establishment employing fifty persons or more. It consists of no more than ten members, forty per cent of which are workers representatives. In the previous system, the Management Committee and the Works Council were composed of an equal number of representatives of the employer and workers,

whereas the Joint Management Board had a workers participation of 30 per cent. The Convener of the Joint Works Council is from the management.

The Joint Works Council deals with matters, which were of the competency of the earlier Joint Management Board, such as the improvement in production, productivity and efficiency, provision of minimum facilities for those of the workers employed through contractors who are not covered by the laws relating to welfare of workers. It has also taken up tasks of the previous Works Council, i.e. promoting 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 working conditions in the establishment, provision of educational facilities for children of workers.

Trade Union and Employers Association Regulation

Freedom of association

The right to association is guaranteed by Article 17 of the Pakistani Constitution imparting on every citizen the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. Under Article 3 of the IRO 2002, workers as well as employers in any establishment or industry have the right to establish and to join associations of their own choosing, subject to respect of the law. Both workers' and employers' organizations have the right to establish and join federations and confederations and any such organization, federation or confederation shall have the right to affiliate with international organizations and confederations of workers' and employers' organizations.

Registration of trade unions

Registration of a trade union is to be made under the Industrial Relations Ordinance. Workers trade unions are registered with the Registrar Trade Unions in the Province, and if the industry or establishment is nationwide with the National Industrial Relations Commission, after fulfilling a number of requirements, listed in Article 6 of the IRO 2002. Through its registration, the trade union obtains certain benefits: registration confers a legal existence as an entity separate from its members. Trade unions in Pakistan generally function on plant-wide basis, with their membership contingent on the size of the industry/trade to which they belong. Once established, the trade unions and employers'

associations have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes.

Collective Bargaining and Agreements

To determine the representative character of the trade union in industrial disputes and to obtain representation on committees, boards and commissions, the Industrial Relations Ordinance makes provision for the appointment of a Collective Bargaining Agent (CBA). The CBA is a registered trade union elected by secret ballot. The CBA is entitled to undertake collective bargaining with the employer or employers on matters connected with employment, non-employment, the terms of employment or any right guaranteed or secured to it or any worker by or under any law, or any award or settlement . Collective agreements are thus formulated by the CBA. The agreements may contain matters such as the facilities in the establishment for trade union activities and procedures for settling collective disputes including grievances and disciplinary procedures. Substantive provisions settle terms and conditions of employment, wages and salaries, hours of work, holiday entitlement and pay, level of performance, job grading, lay-offs, retrenchment, sick pay, pension and retirement schemes. Such agreements once duly executed by both parties become the source of law. The agreements should invariably be in writing and should be drafted with care, for they are meant to settle disputes rather than raise them.

In addition to statutory benefits under the labour laws, the adjustment of rights takes place through collective bargaining including adjudication in Labour Courts. The IRO 2002 has changed the appellate procedure on the provincial level, which used to be brought before a Labour Appellate Tribunal. This institution was abolished by the IRO 2002. Appeals of Labour Court decisions now lie directly with provincial High Courts. Office bearers of trade unions are given protection against arbitrary transfer, discharge and dismissal. Any ill-intentioned action on the part of the employer against an office-bearer of a trade union or against a worker for trade union activities, is construed as an unfair practice and the National Industrial Relations Commission is entrusted with the task of preventing such offenses. Security of service is ensured to the workers. Similarly, unfair labour practices on the part of workers and trade unions is elaborated and incorporated in law.

Collective Labour Disputes

* Commencement of a dispute

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 settlement, the employer or the CBA may, within fifteen further days, serve a notice of conciliation on the other party, with a copy to the Conciliator and to the Labour Court.

If the dispute is settled before the Conciliator, or a tripartite Board of Conciliators, a report is sent to the Provincial or Federal Government, with the memorandum of settlement.

* Arbitration

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. A copy of the award is sent to the provincial or Federal Government, for publication in the official Gazette.

Strikes and Lock-outs

* Proceedings of strikes and lock-outs

If dispute settlement proceedings before the Conciliator fail and no settlement is reached, and if the parties have not agreed to refer their dispute to an arbitrator, the workers retain the right under section 31 of the Industrial Relations Ordinance 2002, to go on strike providing due notice to their employer within seven days, and the employer has the right declare a lock-out after the delay of notice of conciliation has expired. The party raising a dispute retains the option, at any time, either before or after the commencement of a strike or lockout, to make an application to the Labour Court for adjudication of the dispute.

Where a strike or lock-out lasts for more than fifteen days, if it relates to a dispute which the Commission is competent to adjudicate and determine, the Federal and/or the Provincial Government may, by order in writing, prohibit the strike or lock-out at any time before the expiry of thirty days, provided that the continuance of such a strike or lock-out causes serious hardship to the community or is prejudicial to the national interest. In such case the Federal Government or the Provincial Government shall forthwith refer the dispute to the Commission or the Labour Court. After hearing both parties, the Commission, or the Labour Court shall make such award as it deems fit, as expeditiously as possible but not exceeding thirty days from the date on which the dispute was referred to it.

Under section 32 of the IRO 2002, if a strike or lockout occurs within the public utility services sector the Federal Government and the Provincial Government may, by order in writing, also prohibit its occurrence at any time before or after the commencement of the strike or lockout. No party to an industrial dispute may go on strike or declare a lockout during the course of conciliation or arbitration proceedings, or while proceedings are pending before the Labour Court. In addition, the National Industrial Relations Commission (the Commission), adjudicates and determines industrial disputes to which an industry-wise trade union or federation of such trade unions is a party , as well as disputes which are of national importance. The Commission also deals with cases of unfair labour practices.

* Illegal strikes and lock-outs

A strike or lockout is declared illegal if it is commenced without giving notice of conciliation to the other party of the dispute, or if it is commenced or continued in a manner other than that provided by the IRO 2002 or in contravention with this text.

In case of an illegal strike or lockout, an Officer from the Labour Department may make a report to the Labour Court, and require the employer or CBA or the registered trade union concerned, to appear before the Court. The Court may, within 10 days, order the strike or lockout to be stopped. In case of contravention of the order of the Court by the employer, and if the Court is satisfied that the pursuance of the lock-out is causing serious hardship to the community or is prejudicial to the national interest, it may order the attachment of the factory and the appointment of an official receiver, who will exercise the powers of management and may do all such acts as are necessary for conducting business.

In case of contravention of the order of the Court by the workers, the Labour Court may pass orders of dismissal against the striking workers, or cancel the registration of the trade union that committed such contravention.

*Settlement of Individual Labour Disputes

Pursuant to Article 46 of the IRO 2002, a worker may bring his or her grievance in respect of any right guaranteed or secured by or under any law or any award or settlement to the notice of the employer in writing, either him or herself or through the shop steward or Collective Bargaining Agent, within one month of the day on which cause of such grievance arises. The IRO 2002 reduces the delay from three months to one month. Where a worker brings his or her grievance to the notice of the employer, the employer must within fifteen days of the grievance, communicate his or her decision in writing to the worker

If the employer fails to communicate a decision within the specified period or if the worker is dissatisfied with such decision, the worker or shop steward may take the matter to the Labour Court within a period of two months.

* Labour Courts

Section 33 of the Industrial Relations Ordinance, 2002 permits any CBA or any employer to apply to the Labour Court for the enforcement of any right guaranteed or secured by law or any award or settlement. The Provincial Government derives its authority to establish as many Labour Courts as it considers necessary under section 44 of the Ordinance. Each Labour Court is subject to jurisdictional

limitations derived by its geographical parameters or with respect to the industry or the classes of cases allocated. Each Labour Court consists of one Presiding Officer appointed by the Provincial Government.

The Labour Court adjudicates industrial disputes which have been referred to or brought before it; inquires into or adjudicates any matter relating to the implementation or violation of a settlement which is referred to it by the Provincial Government; tries offenses under the Industrial Relations Ordinance; and exercises and performs such other powers and functions conferred upon or assigned to it. While deliberating offenses, the Labour Court follows as nearly as possible procedure as prescribed under the Code of Criminal Procedure, 1898. For purposes of adjudicating and determining any industrial disputes, the Labour Court is deemed to be a Civil Court and retains the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the enforcement of attendance and examination under oath, the production of documents and material objects, and the issuance of commissions for the examination of witnesses or documents.

An award or decision of a Labour Court is produced in writing and delivered in open Court with two copies subsequently forwarded to the Provincial Government. Upon receipt, the Provincial Government within a period of one month publishes the award or decision in the Official Gazette. The IRO 2002 abolished the Labour Appellate Tribunal. Any party aggrieved by an award or a decision given or a sentence passed by the Labour Court may now submit an appeal to the High Court (Article 48 of the IRO 2002). The High Court, may vary or modify an award or decision or decision sanctioned by the Labour Court. It may, on its own motion at any time, call for the record of any case or proceedings in which a Labour Court within its jurisdiction has passed an order, for the purpose of satisfying itself as to the correctness, legality, or propriety of such order, and may pass such order, in relation thereto as it thinks fit, provided that the order does not adversely affect any person without giving such person a reasonable opportunity of being heard.

Official Gazette 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. PUNJAB INDUSTRIAL RELATIONS ORDINANCE, 2010

CONTENTS

Section No:

TITLE

1:

Short title, extent, application and Commencement

2:

Definitions.

3:

Trade Unions and Freedom of Association

4: 5: 6: 7: 8:

Application for Registration Requirement for Applications. Requirements for Registration Disqualification for being an officer of a Trade Union. Registered Trade Union to maintain Register etc. 10: Transfer of Officer of Trade

9: Registration Union during pendency of Application for Registration. 11: 12: 13: 14: 15: 16: 17: Certificate of Registration. Cancellation of Registration Appeal Against Cancellation Registrar of Trade Unions Powers and Functions of Registrar. Incorporation of Registered Trade Union. Unfair Labour Practices on the part of Employers.

18: Unfair Labour Practices on the part of Workmen. 19: 20: 21: 22: 23: 24: 25: 26: 27: 28: 29: 30: 31: 32: 33 34: 35: 36: 37: 38: 39: 40: 41: 42: Law of Conspiracy limited in application. Immunity from Civil Suit in certain cases. Enforceability of Agreement. Registration of Federation of Trade Unions and Confederation Returns. Collective Bargaining Agent. Determination of Collective Bargaining Unit. Appeals. Power of Registrar. Check Off. Shop Steward to act as link between Labour and Management Workers Participation in Management. Joint Management Board. Inspector. Penalty for Obstructing Inspector. Penalty for contravening Section 30 or Section 31 Works Council. Function of Work Council. Redress of individual Grievances. Negotiations relating to differences and disputes. Conciliator. Notice of Strike or Lock-Out. Conciliation after notice of strike or lock out. Proceedings before Conciliator.

43: 44: 45: 46: 47: 48: 49: 50: 51: 52: 53: 54: 55: 56: 57:

Arbitration. Strike and Lock Out. Strike or Lock Out in Public utility services. Application to Labour Court. Raising of INDUSTRIAL DISPUTE by Federation. Labour Court. Procedure and Powers of Labour Court. Awards and Decisions of Labour Court Labour Appellate Tribunal. Settlements and awards on whom binding. Effective date of settlement, award, etc. Commencement and Conclusion of proceedings. Certain matters to be kept confidential. Raising of Industrial Disputes. Prohibition on serving notice of Strike or Lock Out while proceeding pending.

58: 59: 60: 61:

Powers of Labour Court and Tribunals to prohibit strike. Illegal Strike and Lock Out. Procedure in cases of illegal strikes or lock outs. Conditions of service to remain unchanged while 27 28 28 28 28

proceeding pending. 62: 63: 64: 65: Removal of fix assets. Protection of certain persons. Representation of parties. Interpretation of settlement and awards.

66:

Recovery of money due from an employer under settlement or award. 28

67:

Performance of functions pending ascertainment of collective bargaining agent. 29 29 29 29 29

68: 69: 70: 71: 72:

Penalty for unfair labour practices. Penalty for committing breach of settlement. Penalty for failing to implement settlement. Penalty for false statement. Penalty for discharging officer of trade union in

certain circumstances. 73: 74: 75: 76: 77: 78: 79: 80: 81: 82: 83: 84: Penalty for Embezzlement or Misappropriation of Funds. Penalty for other offences. Offence to be non-cognizable. Offences by Corporation. Trial of Offences. Indemnity. Registrar , etc, to be public servants. Limitation. Power to make rules. Repeal and savings.

30 30 30 30 30 30 30 30 30 30 30 31

Transfer of cases from National Industrial Relations Commissions Removal of Difficulties. 31

SCHEDULE:

31

AN ORDINANCE

To formulate the law relating to formation of trade unions, regulation and improvement of relations between employers and workmen.

Whereas the Governor of the Punjab is satisfied that circumstances exist which render it necessary to take immediate action:

Now, therefore, in exercise of the powers conferred under clause ( 1 ) of Article 128 of the Constitution of the Islamic Republic of Pakistan, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:

1: Short Title, extent , application and commencement:-

1: 2: 3:

This Ordinance may be cited as the Punjab Industrial Relations Ordinance 2010. It extends to the whole of the Punjab. It shall apply to all persons employed in any establishment or industry, but shall

not apply to any person employed:

(a)

In the Police or any of the Defense Services of Pakistan or any services or Installations exclusively connected with or incidental to the Armed Forces Of Pakistan including an Ordinance Factory maintained by the Federal

Government. (b) In the administration of the State other than those employed as workmen

by the Railway and Pakistan Post.

As a member of the Security Staff of the Pakistan International Airlines Corporation, or drawing wages in pay group, not lowers than group V, in The establishment of that Corporation as the Federal Government may, in

the public interest or in the interest of security of the Airlines, by notification in the official gazette, specify in this behalf.

(d)

By the Pakistan Security Printing Corporation or the Security Papers

Limited.

(e)

By an establishment or institution for the treatment or care of sick, infirm,

destitute or mentally unfit persons excluding those run on commercial basis. (f) As a member of the Watch and Ward, Security or Fire Service Staff of an Oil refinery, an Airport or Seaport.

(g)

as a member of the Security or Fire Service Staff of an establishment engaged in the production, transmission or distribution of natural Gas or liquefied petroleum Gas; and

An Act to prohibit the employment of children in certain occupations and to regulate the conditions of work of children. (Act No. V of 1991)

===============================

CHILD LABOUR ACT 1991

PART I - PRELIMINARY

Section 1. Short Title, Extent and Commencement. (1) This Act may be called the Employment of Children Act, 1991.

(2) It extends to the whole of Pakistan.

(3) The provisions of this Act shall come into force at once.

Section 2. Definitions. In this Act. unless the context otherwise requires,

(i) "adolescent" means a person who has completed his fourteenth but has not completed his eighteenth year; (ii) "appropriate Government" means the Federal Government in relation to an establishment under the control of the Federal Government, and in all other cases, the Provincial Government concerned; (iii) "child" means a person who has not completed his fourteenth year of age; (iv) "day" means a period of twenty-four hours beginning at midnight; (v) "establishment" include a shop, commercial establishment, workshop, factory, farm, residential hotel or restaurant; (vi) "factory" means any premises, including the precincts thereof, wherein ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on or is ordinarily carried on with or without the aid of power but does not include a mine, subject to the operation of the Mines Act, 1923 (No. IV of 1923); (vii) "family" in relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual;

(viii) "occupier" in relation to an establishment, means the person who has the ultimate control over the affairs of the establishment; (ix) "Inspector" means an official duly appointed and notified, as an inspector for the purpose of this Act by the Federal Government or the Provincial Government concerned; (x) "port authority" means any authority administering a port; (xi) "prescribed" means prescribed by rules made under section 18 of this Act; (xii) "week" means a period of seven days beginning at midnight on Thursday night or such other night as may be approved in writing for a particular area by the Inspector; (xiii) "Workshop" means any premises (including the precincts thereof) wherein any industrial process is carried on; (xiv) "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes all work, machinery, tramways and sidings, whether above or below ground, in or adjacent to or belonging to a mine: Provided that it shall not include any part of such premises on which a manufacturing process is being carried on unless such process is a process for coke-making or the dressing of minerals.

PART II - PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES

Section 3. Prohibition of Employment. No child shall be employed or permitted to work in any of the occupations set forth in Part I of the Schedule or in any workshop wherein any of the processes set forth in Part II of that Schedule is carried on:

Provided that nothing in this section shall apply to any establishment wherein such process is carried on by the occupier with the help of his family or to any school established, assisted or recognized by Government.

Section 4. Amendment of Schedule. The Federal Government, may by notification in the official Gazette, add any occupation or process to the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly three months after the date of the notification.

Section 5. National Committee on the Rights of the Child. (1) The Federal Government may, by notification in the official Gazette, constitute a National Committee to be called the National Committee on the "Rights of the Child", to perform the functions visualized in Article 43 of the US Convention on the Rights of the Child, and to advise the Federal Government for the purpose of addition of occupations and processes to the Schedule.

(2) The Committee shall consist of a Chairman and 10 other experts of high moral standing and recognized competence.

PART III - REGULATION OF CONDITIONS OR WORK OF CHILDREN

Section 6. Application of Part. The provisions of this Part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in section 3 is carried on.

Section 7. Hours and Period of Work. (1) No child or adolescent shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments.

(2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has an interval of at least one hour for rest.

(3) The period of work of a child shall be so arranged that inclusive of the interval for rest, under subsection (2), it shall not exceed seven hours, including the time spent in waiting for work on any day.

(4) No child shall be permitted or required to work between 7.00 p.m. to 8.00 a.m.

(5) No child shall be required or permitted to work over-time.

(6) No child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment.

Section 8. Weekly Holidays. Every child employed in an establishment shall be allowed in each week a holiday of one whole day, which day shall be specified by the occupier in a notice permanently displayed in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months.

Section 9. Notice to Inspector. (1) Every occupier in relation to an establishment in which a child was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely:

(a) the name location and address of the establishment; (b) the name of the person in actual management of the establishment; (c) the address to which communications relating to the establishment should be sent; and (d) the nature of the occupation or process carried on in the establishment. (2) Every occupier, in relation to an establishment, which employs, or permits to work, any child after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment send to the Inspector within whose local limits the establishment is situated, a written notice containing the particulars mentioned in sub-section (1).

(3) Nothing in sections 7. 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established, assisted or recognized by Government.

Section 10. Disputes as to Age. If any question arises between an Inspector and an occupier as to the age of any child who is employed or is permitted to work by him in an establishment, the question shall, in

the absence of a certificate as to the age of such child granted by the prescribed medical authority, be referred by the Inspector for decision to the prescribed medical authority.

Section 11. Maintenance of Register. There shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours showing:

(a) the name and date of birth of every child so employed or permitted to work; (b) hours and periods of work of any such child and the intervals of rest to which he is entitled; (c) the nature of work of any such child; and (d) such other particulars as may be prescribed. Section 12. Display of Notice containing abstract of sections 3 and 14. Every occupier shall cause to be displayed in a conspicuous and accessible place a notice in the local language and in the English language containing an abstract of sections 3 and 14.

Section 13. Health and Safety. (1) The appropriate Government may, by notification in the Official Gazette, make rules for the health and safety of the children employed or permitted to work in any establishment or class or establishments.

(2) Without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely:

(a) cleanliness in the place of work and its freedom from nuisance; (b) disposal of wastes and effluents; (c) ventilation and temperature; (d) dust and fumes; (e) artificial humidification; (f) lighting; (g) drinking water,

(h) latrine and urinals; (i) spittoons; (j) fencing of machinery; (k) work at or near machinery in motion;. (l) employment of children on dangerous machines; (m) instructions, training and supervision in relation to employment of children on dangerous machines; (n) device for cutting off power. (o) self-acting machines; (p) easing of new machinery; (q) floor, stairs and means of access; (r) pits, sumps, openings in floors, etc.; (s) excessive weights; (t) protection of eyes; (u) explosive of inflammable dust, gas, etc.; (v) precaution in case of fire; (w) maintenance of buildings; and (x) safety of building and machinery.

PART IV - MISCELLANEOUS

Section 14. Penalties. (1) Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which may extend to one year or with a fine which may extend to twenty thousand rupees or with both.

(2) Whoever, having been convicted of an offence under section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years.

(3) Whoever

(a) fails to give notice as required by section 9; or (b) fails to maintain a register as required by section 11 or makes any false entry in any such register, or (c) fails to display a notice; or (d) fails to comply with or contravenes any provisions of this Act or the rules made thereunder shall be punishable with simple imprisonment which may extend to one month or with a fine which may extend to ten thousand rupees or with both. Section 15. Modified Application of Certain Laws in Relation to Penalties. (1) Where any person is found guilty and convicted of contravention of any of the provisions regarding children and adolescents mentioned in subsection (2), he shall be liable to penalties as provided in sub-sections (1) and (2) of section 14 of this Act and not under other relevant Acts.

(2) The provisions mentioned in section (1) are the provisions regarding children and adolescents in the following Acts:

(a) The Mines Act 1923; (b) The Factories Act 1934; (c) The Shops and Establishments Ordinance 1969. Section 16. Procedure relating to offences. (1) Any person, police officer or Inspector may file a complaint of the commission of an offence under this Act in any court of competent jurisdiction.

(2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purpose of this Act, be conclusive evidence as to the age of the child to whom it relates.

(3) No court inferior to that of a Magistrate of the first class shall try any offence under this Act.

Section 17. Appointment of Inspectors. The appropriate Government may appoint Inspectors for the purpose of securing compliance with the provisions of this Act and any Inspector so appointed shall be deemed to be a public servant within the meaning of the Pakistan Penal Code.

Section 18. Power to make Rules. The appropriate Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying into effect the provisions of this Act.

Section 19. Certain other provisions of law not barred. Subject to the provisions contained in section 15, the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the Mines Act, 1923; the Factories Act, 1934; the Sindh Children Act, 1955; the Shops and Establishments Ordinance, 1969; and the Punjab Children Ordinance, 1983. The definition of 'child' and 'adolescent' in these provisions shall be deemed to have been amended in accordance with the definitions in section 2 of this Act.

Section 20. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Federal Government may by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:

Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President

(2) Every order made under this section shall, as soon as may be after it is made,be laid before each House of Parliament

Section 21. Repeal and Savings. (1) The Employment of Children Act, 1938, is herebyrepealed.

(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act

THE SCHEDULE

(See section 3)

PART I - OCCUPATIONS

Any occupation connected with

(1) transport of passengers, goods or mails by railway;

(2) cinder picking, cleaning of an ash pit or building operation in the railway premises;

(3) work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train;

(4) work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;

(5) a port authority within the limits of any port; and

(6) work relating to selling of crackers and fire works in shops with temporary licences.

PART II - PROCESSES

(1) Bidi-making

(2) Carpet-weaving

(3) Cement manufacture, including bagging of cement

(4) Cloth printing, dyeing and weaving

(5) Manufacture of matches, explosives and fire-works

(6) Mica-cutting and sploting

(7) Shell as manufacture

(8) Soap manufacture

(9) Training

(10) Wool-cleaning

(11) Building and construction industry

(12) Manufacture of slate pencils (including packing)

(13) Manufacture of products from agate.

(14) Manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium; benzene, pesticides and asbestos.

=============================================

BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992

[11 March 1992]

An Act to provide for abolition of bonded labour system

Whereas clause (2) of Article 11 of the Constitution of the Islamic Republic of Pakistan prohibits all forms

of forced labour.

And whereas it is necessary to provide for abolition of bonded labour system with a view to preventing

the economic and physical exploitation of the labour class in the country and for matters connected

therewith or incidental thereto;

\\Web2\E\ACT\B\Bonded Labour System (Abolition) Act 1992\1.HTM

1. Short title, extent and commencement.-(1) This Act may be called the Bonded Labour System

(Abolition) Act, 1992.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions. In this Act, unless there is anything repugnant in the subject or context,-

(a) "advance (peshgi)" means an advance (peshgi) whether in cash or in kind, or partly in cash or partly

in kind, made by one person (hereinafter referred to as the creditor) to another person (hereinafter

referred to as the debtor);

(b) "bonded debt" means an advance (peshgi) obtained, or presumed to have been obtained, by a

bonded labourer under, or in pursuance of, the bonded labour system;

(c) "bonded labour" means any labour or service rendered under the bonded labour system;

(d) "bonded labourer means a labour who incurs, or has, or is presumed to have, incurred, a bonded

debt;

(e) "bonded labour system" means the system of forced, or partly forced, labour under which a debtor

enters, or has, or is presumed to have, entered into an agreement with the creditor to the effect that,

(i) in consideration of an advance (peshgi) obtained by him or by any of the members of his family

[whether or not such advance (peshgi) is evidenced by any document) and in consideration of the

interest, if any, due on such advance (peshgi), or

(ii) in pursuance of any customary or social obligation, or

(iii) for any economic consideration received by him or by any of the members of his family; he would

(1) render, by himself or through any member of his family, or any person dependent on him, labour or

service to the creditor or for the benefit of the creditor, for a specified period or for an unspecified

period other without wages or for nominal wages or

*Gaz of Pak. Extr. Pt. I, Mar. 17 1992, p 21. For statement objects & Reasons, see Gaz. of Pak. Extr 12

Nov. 1991, P.1421

(2) forfeit the freedom of employment or adopting other means of livelihood for a specified period or

for an unspecified period, or

(3) forfeit the right to move freely from place to place, or

(4) forfeit the right to appropriate or sell at market value any of his property or product of his labour or

the labour of a member of his property or any person dependent on hurt, and includes the system of

forced, or partly forced, labour under which a surety for a debtor enters, or has or is presumed to have,

entered, into an agreement with the creditor to the effect that, in the event of the failure of the debtor

to repay the debt, he would render the bonded labour on behalf of the debtor.

(f) "family" means,

(i) in the case of a male bonded labourer, the wife or wives, and in the case of a female bonded

labourer, the husband of the bonded labourer, and

(ii) the parents, children, minor brother, and unmarried, divorced or widowed sisters of the bonded

labourer wholly dependent on him;

(g) "nominal wages" in relation to any labour, means a wage which is less than,-

(a) the minimum wages fixed by the Government, in relation to the same or similar labour, under any

law for the time being in force; and

(b) where no such minimum wage has been fixed in relation to any form of labour, the wages that are

normally paid, for the same or similar labour, to the labourers working in the same locality; and

(h) "prescribed" means prescribed by rules made under this Act.

3. Act to override other laws, etc.-The provisions of this Act shall have effect notwithstanding anything

contained in any other law for the time being in force or in any instrument having effect by virtue of any

such law.

4. Abolition of bonded labour system--(1) On the commencement of this Act, the bonded labour system

shall stand abolished and every bonded labourer shall stand freed and discharged from any obligation to

render any bonded labour.

(2) No person shall make any advance under, or in pursuance of, the bonded labour system or compel

any person to render any bonded labour or other form of forced, labour.

5. Agreement, custom, etc, to be void.-Any custom or tradition or practice or any contract, agreement

or other instrument, whether entered into or executed before or after the commencement of this Act,

by virtue of which any person, or any member of his family, is required to do any work or render any

service as a bonded labourer, shall be void and inoperative.

6. Liability to repay bonded debt to stand extinguished.(1) On the commencement of this Act, every

obligation of a bonded labourer to repay pay bonded debt, or such part, of any bonded debt as remains

unsatisfied immediately before such commencement, shall stand extinguished.

(2) After the commencement of this Act, no suit or other proceeding shall be in any civil court, tribunal

or before any other authority foe the recovery of any bonded debt or any part thereof.

(3) Every decree or order for the recovery of bonded debt, passed before the commencement of this Act

and not fully satisfied before such commencement, shall be deemed, on such corrunencement, to have

been fully satisfied.

(4) Where, before the commencement of this Act, possession of any property belonging to a bonded

labourer or a member of his family was forcibly taken by any creditor for the recovery of any bonded

debt, such property shall be restored, within ninety days of such commencement, to the possession of

the person from whom it was seized,

(5) Every attachment made before the commencement of this Act for the recovery of any bonded debt

shall, on such commencement, stand vacated; and, where, is pursuance of such attachment, any

movable property of the bonded labourer was seized and removed from his custody and kept in the

custody of any court, tribunal or other authority pending sale :hereof such movable property shall be

restored, within ninety days of such commencement, to the possession of the bonded labourer Provided

that, where any attached property was sold before the commencement of this Act, in execution of a

decree or order for the recovery of a bonded debt, such sale shall not be affected by any provision of

this Act.

(6) Subject to the proviso to sub-section (5), any sale, transfer or assignment of any property of a

bonded labourer made in any manner whatsoever before the commencement of this Act for recovery of

bonded debt shall not be deemed to have created or transferred any right, or interest in or ambiance

upon any such property and such property shall be, restored, within ninety days of such conmen

serpent, to the possession of the bonded labourer.

(7) If restoration of the possession of any property referred to in sub-section (4) or sub-section (5) or

sub-section-(6) is not made within ninety days from the commencement of this Act, the aggrieved

person may, within such time as may be prescribed, apply to the prescribed authority for the restoration

of the possession of such property and the prescribed authority may, after giving the creditor a

reasonable opportunity of being heard, direct the creditor to restore to the applicant the possession of

the said property within such time as may be specified in the order. (8) An order trade by any prescribed

authority under sub-section (7) shall be deemed to be an order made bar a civil court and may be

executed by the court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction

tile creditor voluntarily resides or carries on business or personally work for gain.

(9) Where any suit or proceeding for the enforcement of any obligation under the bonded labour

system, including a suit or proceeding for the recovery of any advance (peshgi) made to a bonded

labourer, is pending at the commencement of ibis Act, such suit or other proceeding shall, on such

conunencement, stand dismissed.

(10) On the commencement of this Act, every bonded labourer who has been detained in civil prison,

whether before or after judgment, shall be released from detention forthwith.

7. Property of bonded labour to be freed from mortgage, etc.--(1) All property vested in a bonded

labourer which was, immediately before the commencement of this Act, under any mortgage, charge,

lien or other encumbrance in connection with any bonded debt shall, in so far as it is relatable to the

bonded debt, stand freed and discharged from such mortgage, charge, lien or other encumbrance; and

where any such property was, immediately before the commencement of this Act, in the possession of

the mortgagee or the holder of the charge, lien or encumbrance, such property shall, except where it

was subject to any other charge, on such commencement, be restored to the possession of the bonded

labourer.

(2) If any delay is made in restoring any property referred to in sub-section (1) to the possession of the

bonded labourer, such labourer shall be entitled, on and from the date of such commencement, to

recover from the mortgagee or holder of the lien, charge or encumbrance, such me. Benefits as may be

determined by the civil court of the lowest pecuniary jurisdiction within the local limits of whose

jurisdiction such property is situated.

8. Creditor not to accept payment against extinguished debt.-(1) No creditor shall accept any payment

against any bonded debt which has been extinguished or deemed to have been extinguished or fury

satisfied by virtue of the provisions of this Act.

(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a

term which may extend to three years, or with fine which shall not be less than fifteen thousand rupees,

or with both.

(3) The court convicting any person under sub-section (2) may, in addition to the penalties which may be

imposed under that sub-section, direct such person to deposit, in court, the amount accepted in

contravention of the provisions of sub-section (1), within such period as may be specified in the order

for being refunded to the bonded labourer.

9. Authorities who may be specified for implementing the provisions of this Act. The Provincial

Government may confer such powers and impose such duties on a District Magistrate as may be

necessary to ensure that the provisions of this Act are properly carried- out and the District Magistrate

may designate an officer subordinate to him to exercise all or any of the powers, and perform all or any

of the duties, so conferred or imposed and specify the local limits within which such powers or duties

shall be carried out by such officer.

10. Duty of district Magistrate and other officers designated to him.-(i) The District Magistrate

authorised by the Provincial Government under section 9, and the officer designated by the District

Magistrate under that section, shall as far as practicable, try to promote the welfare of the freed bonded

labourer by securing and protecting the economic interests of such bonded labourer so that he may not

have any occasion or reason to contract any further bonded debt.

(2) It shall be the duty of every District Magistrate and every officer designated by him under section 9

to inquire whether, after the commencement of this Act, any bonded labour system or any other form

of forced labour is being enforced by, or on behalf of, any person resident within the local linnets of his

jurisdiction and if, as a result of such inquiry, any person is found to be enforcing the bonded labour

system or any ether system of forced labour, he shall forthwith take such action as may be necessary to

implement the provisions of this Act.

11. Punishment for enforcement of bonded labour. Whoever, after the commencement of this Act

compels any person to render any bonded labour shall be punishable with imprisonment for a term

which shall not be less than two years nor more than five years, of with fine which shall not be less than

fifty thousand rupees, or with both.

12. Punishment for extracting bonded labour under the bonded labour system. Whoever enforces,

after the commencement of this Act any custom, tradition, practice, contract, agreement or other

instrument, by virtue of which any person or any member of his family is required to render any service

under the bonded labour system, shall be punishable with imprisonment for a term which shall not be

lets than two years nor more than five years or with fine which shall not be less -than fifty thousands

rupees, or with both; and out of the fine, if recovered, payment shall be made to the bonded labourer at

the rate of not less than fifty rupees for each day for which bonded labour was extracted from him.

13. Punishment for omission or failure to restore possession of property to bonded labourer.

Whoever, being required by this Act to restore any property to the possession of any bonded labourer,

omits or fails to do so, within a period of ninety days from the commencement of this Act trial be

punishable with imprisonment for a turn which may extend to one year, or with fine which may extend

to one thousand pieces, or with both; and out of the fine, if recovered, payment shall be made to the

bonded labourer at the rate of ten rupees for each duty during which possession of the property was

not restored whim.

14. Abetment to be an offence, Whoever abets any offence punishable under this Act shall, whether or

not the offence abetted is tenanted, be punishable with the same punishment as is provided for the

offence which has been abetted.

Explanation. For the purpose of this section, "abetment" has the same meaning as is assigned to it in the

Pakistan Penal Code (Act XLV of 1860).

15. Vigilance Corns: Vigilance Committees shall be set up at the District level in the prescribed manner,

consisting, of claimed representatives of the area, representatives of the District Administration, Bar

associations, press, recognized Social Services and Labour-Departments of the Federal and Provincial

Government. (2) The following shall be the functions of the Vigilance Committees, namely.-

(a) to advise the District Administration on matters relating to the effective implementation of the law

and to ensure its implementation in proper manner, to help in the rehabilitation of the freed boned

labourer,

(c) to keep an eye on the working of the law; and

(d) to provide the bonded labourers such assistance as may be necessary to achieve the objectives of

the law.

16. Offences to be tried by the Magistrate.-(1) A Magistrate of the first class empowered in this behalf

by the Provincial Government may try any offence order this Act.

(2) An offence under this Act shall be tried surrounded.

17. Cognizance of offences.-(1) Every offence under this act shall be cognizable arid bailable.

18. Offences by companies.(1) Where an offence under this Act has been committed by a company,

every person who, at the time the offence was committed, was in charge of, and was m1ponsible to, the

company for the conduct of the business of the company, as well as the company, shall be deemed to a

guilty of the offence and shag be liable to be proceeded against and punished accordingly.

(2) Notwithstanding anything contained in sub-section(1); where any offence under this Act, has been

committed by a company and it is proved that the offence has been committed with the consent or

connivance of, or is attributable to, any director, manager or other officer of the company, such

director,, manager or other officer shall be deemed to be guilty of that offence and shall be liable to be

proceeded against and punished accordingly.

Explanation --For the purposes of this section.

(a) 'company" means a body corporate, and includes a firm or other association of individuals; and

(b) "director", in relation to a found, means a partner in, the rum.

19. Protection or action taken in good faith. No suit, prosecution or other legal proceeding shall lie

against Government or any officer of the Government for as thing which is in good faith done or

intended to be done under this Act

20. Jurisdiction of Courts barred. Save as otherwise provided in this Act, no court shall have jurisdiction

in respect of any matter to which any provision of this Act applies arid no injunction shall be granted by

any court in respect of anything which is done or intended to be done under this Act.

21. Power to make rules to be Federal Government may by notification in the official Gazette, make

rules for carrying out the purposes of this Act:

http://www.labourunity.org/labourlaws.htm

International labour conventions

The first moves toward international labour conventions date back to the beginning of the 19th century. Robert Owen in England, J.A. Blanqui and Villerme in France, and Ducepetiaux in Belgium are considered precursors to the idea of international regulation of labour matters. However, David Legrand, an industrialist from Alsace, put forward this idea most systematically, defending it and developing it in repeated appeals addressed to the governments of the main European countries from 1840 to 1855.

In the second half of the 19th century, the idea was first taken up by private associations. Thereafter, a number of proposals to promote international regulation of labour matters were made in the French and German parliaments. The first official initiative came from Switzerland where, following proposals made in 1876 and 1881 and in consultation with other European countries, the Swiss government suggested convening a Conference on the matter in Bern in May 1890.

The establishment of an International Association for the Legal Protection of Workers, the seat of which was in Basle, was followed by a congress held in Brussels in 1897. The activity of this private organization led the Swiss government to convene international conferences in 1905 and 1906 in Bern, where the first two international labour conventions were adopted. One of these related to the prohibition of night work for women in industrial employment, and the other to the prohibition of the use of white phosphorus in the manufacture of matches.

During World War I, the trade union organizations of both sides, as well as those of neutral countries, insisted that their voice be heard at the time of the settlement of peace, and that the peace treaties contain clauses for improving the condition of workers. The peace conference entrusted the examination of this question to a special commission known as the Commission on International Labour Legislation. The work of the Commission led to the inclusion in the Treaty of Versailles and the other peace treaties of Part XIII, which dealt with labour matters. This section of the treaties provided for the establishment of an International Labour Organization, which might adopt conventions and recommendations in this field. Conventions would be binding only on those states which ratified them, adopted by the Peace Conference in April of 1919

In October 1919, the International Labour Conference met in Washington to adopt the first Conventions and to appoint the Governing Body. Since then, the International Labour Conference has met regularly in general once a year, except during the Second World War. At the end of the Second World War, the

International Labour Conference adopted in May 1944, in Philadelphia, a Declaration which defined again the aims and purposes of the Organization. This Declaration reaffirmed in particular,

that labour is not a commodity,

that freedom of expression and of association are essential to sustained progress,

that poverty anywhere constitutes a danger to prosperity everywhere and

that the war against want requires to be carried on with unrelenting vigour within each nation, and by continuous and concerted international effort in which the representatives of workers and employers, enjoying equal status with those of governments, join them in free discussion and democratic decision with a view to the promotion of the common welfare.

The Declaration affirmed that all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity. It also referred to the social aspect of economic and financial measures.

The Declaration then defined a number of specific objectives of the ILO, such as

full employment and the raising of living standards,

facilities of training policies in regard to wages, hours of work and other conditions of work calculated to ensure a just share of the fruits of progress to all,

the effective recognition of the right of collective bargaining,

the co-operation of management and labour in the continuous improvement of productive efficiency, and

the collaboration of workers and employer in the preparation and application of social and economic measures, the extension of social security measures to provide a basic income to all in need of such protection, and comprehensive medical care, etc.

Apart from the ILO standards, an increasing number of bilateral and regional agreements have been concluded in the field of labour. The general trend of agreements has been the constant broadening of their scope, both as regards the fields covered, the categories of persons protected and the framework within which the matters are treated. Thus a number of these instruments go beyond the traditional field of labour law and touch upon matters of civil liberties and penal law, of property law etc. Main source of this section has been International Encyclopaedia for Labour Law and Industrial Relations, Supplement 163.

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