Labour Rights in the Constitution

The Constitution of Pakistan contains a range of provisions with regards to labour rights found in Part II: Fundamental Rights and Principles of Policy. !rticle "" of the Constitution prohibits all forms of slavery# forced labour and child labour$ !rticle "% provides for a fundamental right to e&ercise the freedom of association and the right to form unions$ !rticle "' proscribes the right of its citi(ens to enter upon any lawful profession or occupation and to conduct any lawful trade or business$ !rticle )* lays down the right to e+uality before the law and prohibition of discrimination on the grounds of se& alone$ !rticle ,%-e. makes provision for securing /ust and humane conditions of work# ensuring that children and women are not employed in vocations unsuited to their age or se&# and for maternity benefits for women in employment.

Employment of Children Act, 1991

Child 0abour !wareness of the problem provided the basis for enactment of the 1mployment of Children !ct# "22" in Pakistan# which has been followed by a number of administrative and other initiatives to address the issue of child labour effectively. The Constitution of the Country also protects the rights of children and states: 34o child below the age of fourteen shall be engaged in any factory or mine or in any other ha(ardous employment. !ll forms of forced labour and human trafficing are prohibited.3

Employees social security ordinance, 1965

!n 1mployees 5ocial 5ecurity scheme was introduced in Pakistan under the provisions of the Provincial 1mployees 5ocial 5ecurity 6rdinance# "27*. The main ob/ective is to provide comprehensive medical cover to the secured workers and their family members including parents and to provide financial assistance in case of sickness and employment in/uries. The 5ocial 5ecurity scheme is implemented on the basis of the contributory principle. The main source of income is the 5ocial 5ecurity Contribution# which is collected under 5ection %8 of the 6rdinance from the employers of the notified industrial and commercial establishment at a rate of %9 of the wages paid to their workers who are drawing wages up to Rs. *#888:; p.m. or Rs. )88:; per day. The workers once covered under this scheme remain secured even if their wages e&ceed Rs. *#888:; per month.

Wor ers !elfare fund ordinance, 19"1

Through the 6rdinance# the government has constituted a fund called 3<orkers= <elfare Fund3 for the welfare of workers. The Fund consists of: !n initial contribution of Rupees one hundred million by the Federal >overnment# 5uch moneys# as may from time to time# be paid by industrial establishments under the 6rdinance.

!n industrial establishment# the total income of which in any year is not less than one hundred thousand rupees shall pay to the Fund in respect of that year a sum e+ual to two percent of so much of its total income as is assessable under the Income Ta& 6rdinance#)88".

Employees old age benefits act, 19"6

The 1mployees 6ld !ge ?enefits !ct# "2%7 -the !ct. is applicable to every industry or establishment where ten or more persons are employed directly or indirectly. This statute intends to provide security and benefit for old age to employees of industrial# commercial or other organi(ations covered by it. The 1mployee 6ld !ge ?enefits Institute -the Institute. formed under it collects and receives contributions# donations# be+uests and all other payments. It deals with pensions# invalidity pension# widow=s pensions# old age grants and other benefits# out of contribution payable to the Institute by every employer of industry. Contribution shall be payable monthly by the employer to the Institute in respect of every person in his insurable employment# at the rate of five percent of his wages.

#aid Lea$e
!s provided in the Factories !ct# "2,@# every worker who has completed a period of twelve months continuous service in a factory shall be allowed# during the subse+uent period of twelve months# holidays for a period of fourteen consecutive days. If a worker fails in any one such period of twelve months to take the whole of the holidays allowed to him or her# any holidays not taken by him or her shall be added to the holidays allotted to him or her in the succeeding period of twelve months. ! worker shall be deemed to have completed a period of twelve months continuous service in a factory notwithstanding any interruption in service during those twelve months brought about by sickness# accident or authori(ed leave not e&ceeding ninety days in the aggregate for all three# or by a lock;out# or by a strike which is not an illegal strike# or by intermittent periods of involuntary unemployment not e&ceeding thirty days in the aggregate$ and authori(ed leave shall be deemed not to include any weekly holiday allowed under section ,* which occurs at beginning or end of an interruption brought about by the leave.

%aternity Lea$e and %aternity #rotection

<hile article ,% 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 Aaternity ?enefit 6rdinance# "2*' stipulates that upon the completion of four months employment or +ualifying period# a worker may have up to si& weeks prenatal and postnatal leave during which she is paid a salary drawn on the basis of her last pay. The 6rdinance is applicable to all industrial and commercial establishments employing women e&cluding the tribal areas. It also places restrictions on the dismissal of the woman during her maternity leave. 5imilarly# the Aines Aaternity ?enefit !ct# "2@" is applicable to women employed in the mines in Pakistan.

%inimum Age and #rotection of &oung Wor ers

!rticle ""-,. of PakistanBs Constitution e&pressly prohibits the employment of children below the age of fourteen years in any factory# mine or other ha(ardous employment. In addition# the Constitution makes it a Principle of Policy of the 5tate 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 /ust and human conditions of work# ensuring that children and women are not employed in vocations unsuited to their age or se&. The Factories !ct# "2,@ allows for the employment of children between the ages of "@ and "' years

provided that each adolescent obtains a certificate of fitness from a certifying surgeon. ! certifying surgeon# per section *) of the !ct# 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# e&amine such person and ascertain his or her fitness for such work.

E'uality
!rticle ,' of the Constitution imparts the 5tateBs obligations aimed at achieving e+uality in the form of securing the well;being of the people# irrespective of se&# caste# creed or race# by raising their standard of living.!ll citi(ens are bestowed# within the available resources of the country# facilities for work and ade+uate livelihood with reasonable rest and leisure and the basic necessities of life# such as food# clothing# housing# education and medical relief# for all such citi(ens# irrespective again of their se&# caste# creed or race# as are permanently or temporarily unable to earn their livelihood on account of infirmity#

Contract of Employment
<hile !rticle "' of the Constitution affords every citi(en with the right to enter upon any lawful profession or occupation# and to conduct any lawful trade or business# the Industrial and Commercial 1mployment -5tanding 6rders. 6rdinance was enacted in "27' to address the relationship between employer and employee and the contract of employment. The 6rdinance applies to all industrial and commercial establishments throughout the country employing )8 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.

(ermination of the Contract

!ll 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 5ection @7 of the Industrial Relations 6rdinance )88)# 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.