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Pakistan Environmental Protection Act, 1997 is an Act to provide for the protection, conservation, rehabilitation and improvement of the ENVIRONMENT, for the prevention and control of POLLUTION, and promotion of SUSTAINABLE DEVELOPMENT
Regulatory Actions should be taken whenever there is Substantial Hazard to Human Life, or Health, or Environment
Compensation Costs
Loss of Licenses Restriction of Activities
POLLUTION CONTROL
The four basic provisions relating to pollution control are
Section 11
effluent or waste or air pollutant or noise in excess of the NEQS, or the established ambient standards for air, water or land;
To Take All Necessary Measures for Implementation of National Environmental Policies Approved by The Council;
To Prepare, Revise and Establish the National Environmental Quality Standards with the Approval of Pakistan Environmental Protection Council
PROJECTS/PROGRAMME
Self-monitoring and Reporting Programme (SMART) Vehicular Emission Testing Services (VETS) Activity Based Capacity Development Programme for All EPAs (ABCD) Management of Hazardous Substances And Wastes Introduction of Cleaner Production Techniques
Source: Pakistan Strategic country Environmental Assessment Report by World Bank, 2006.
Right Mix of Economic, Social and Environmental Policies can Promote Sustainable Development
Poor Environment Affects Tourism
Air
Soil
Water
Marine &
Ground Water
Biodiversity
Climate Change
lack of policy
end-of-pipe
treatment
IMPEDIMENT
lack of integration
between Environment Ministry Policies and implementation
lack of awareness
in industry and financial institutions of importance of pollution prevention in profitability
Product Changes
Cleaner Production reduces risk to people & environment; while Input improving economics material
changes
to pollution prevention
Technology changes
NEQS Enforcement
Two 2-Pronged Approach
Self Monitoring And Reporting
Analysis of Report
EPA Monitoring
Testing of Samples
Non-Compliance of NEQS
Compliance of NEQS
Compliance of NEQS
Action by Industry
Penalty
Not Accepted
Appeal in Tribunal
NO Action
Accepted
SMART
government,industry
stakeholders
examine
and
evaluate
environmental
SMART
The New Model: POLICY MIX APPROACH
Improve flexibility of Command & Control
A (Most Hazardous)
Category A: Monthly
Category B: Quarterly
Category C: Biannually
Pharmaceutical (formulation), Marble crushing, Cement
CATEGORIZATION OF INDUSTRY
(GASEOUS EMISSIONS)
Category A: Monthly
After Registration Federal EPA will issue a manual User Instruction Code and a software CD.
Ministry has encouraged establishment of three cleaner production centers (Rawalpindi, Lahore and Sialkot) to promote adoption of ISO 14000 and help improve environmental performance of the industry. These centers provides technical advice to industrial sector in compliance with the National Environmental Quality Standards.
PREVIOUSLY
1The Act applied to wages payable upto a certain limit for a wage period, usually a month. 2The words used in the Act were persons employed and not workmen or employees. It means that the Act was applicable to all employees and workmen drawing wages not above the prescribed limit. The Act applied only to the persons employed in factories or in railways whether directly or through a contractor. PRESENTLY 1The Act now applies to every industrial and commercial establishment including a factory and Bank.
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The same words namely, persons employed and not workmen or employees are still used in the Act.
The limit of wages as a criterion for the application of the Act has been abolished. It means that the Act is now applicable to all persons employed in the industrial and commercial establishments irrespective of the wage limit.
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THE WORKMENS COMPENSATION ACT, 1923 Previously the Act applied to all workmen employed in any capacity as specified in schedule II of the Act and drawing wages not exceeding a certain limit. It did not, however, apply to those employed on casual basis or employed otherwise than for the purpose of the employers trade or business. Since casual workman has been deleted from the classification of workmen as given in Standing Order I of the W.P. Standing Orders Ordinance, 1968, the Act will now apply to all workmen employed in any capacity as specified in Schedule II except those employed otherwise than for the trade or business of the employer. The Act uses the word workman but at the same time lays emphasis on employment in any such capacity as specified in schedule II. The condition of wage limit has also been deleted. Hence every workman employed in any specified capacity irrespective of wage limit will now be entitled to the prescribed rate of compensation in the event of death or total
W.P. STANDING ORDERS ORDINANCE, 1968 No gratuity shall be payable for the period where contribution has been made to an approved pension fund as defined in the Income Tax Ordinance, 2001 and the employers contribution is not less the 50% of the limit prescribed in the aforesaid Ordinance with the workmen also contributing the remaining amount. Gratuity is already not payable for the period of existence of provident fund to which the employers contribution is not less that the workmans contribution. There is, however, no bar if provision is made for gratuity in addition to the provident fund in the employers own rules or is so provided under a settlement arrived at with the CBA.
Present definition:
Worker in relation to a company means an employee of the company including employed by or through a contractor working for or in the company for a period of not less than six months.
CATEGORIES
1Workers drawing average monthly wages not exceeding Rs. 7,500.00 Workers drawing average monthly wages exceeding Rs. 7500.00 but not exceeding Rs. 15,000.00 Workers drawing average monthly wages exceeding Rs. 15,000.00. Not with standing anything contained in the scheme, no worker shall, in any one year, be entitled out of the annual allocation to units exceeding the amount of four times of the minimum wages for unskilled workers (4600 x 4 = 18,400).
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EMPLOYEES OLD-AGE BENEFITS, ACT, 1976 (AS AMENDED) 1- The number of persons for the application of the Act shall be twenty instead of ten for industries or establishments set up after July, 1, 2006. 2- Surviving spouse entitled to pension on the same basis as is being used for the calculation of old-age pension instead of minimum pension with effect from 1-7-2007. 3- Both old-age and invalidity pension to be calculated on the basis of last months wages effective 1-7-2007. 4- Minimum pension raised from Rs. 1300/- to Rs. 1500/- p.m. Monthly rate of pension, other than minimum pension, already allowed raised by 15% effective 1-7-2007.
PERIOD OF WORK: It includes the normal work hours, overtime hours and rest intervals (section 3% of Factories Act, 1934).
WORK HOURS : It means the normal work hours excluding the rest interval.
OVERTIME : It means the hours over and above the normal work hours including the rest intervals.
RELAY/SHIFT: When work of the same kind is carried by two or more sets of workers working during different periods of the day, each of such sets in called a relay, and the period or periods for which it works is called shift.
THE FACTORIES ACT, 1934 WORK HOURS NON CONTINUOUS PROCESS WEEKLY WORK-HOURS: No adult worker shall be allowed or required to work in a factory for more than forty eight hours in any week, or where the factory is a seasonal one, for more than fifty hours in any week; Provided that an adult worker in a factory engaged on work which for technical reasons must be continuous throughout the day may work for fifty six hours in any week. DAILY WORK-HOURS: No adult worker shall be allowed or required to work in a factory for more than nine hours in any day; provided that a male seasonal worker in a seasonal factory may work ten hours a day. INTERVALS FOR REST: a) One hour after six hours working or b) Half an hour after five hours working. and c) At least two intervals of half an hours each before a worker is required to work for more than eight and a half hours.
WORK HOURS FACTORIES (CONTINUOUS PROCESS) 1. 2. Ordinarily eight hours shift. When shifts are changed no shift may be employed for more than 16 hours in one day, that is, two periods of-8 hours each with an interval of 8 hours. The persons who have worked double time shall at next change of shift have a holiday of 24 consecutive hours. No worker shall be employed for more than 14 consecutive days without a compensatory rest period of 24 consecutive hrs. The system of shift should be approved by the chief inspector of factories or the inspector so authorised. The average weekly hours of work per week in any period of three weeks shall not exceed 56. Maximum overtime 12 hours in a week. Week means a period of seven days beginning at mid-night of Sunday. Day means a period of 24 hours beginning at mid-night.
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(a)
Provided if the employer arranges for the transport facilities, the women may work upto 10 p.m. in two shifts. Note: Spread over is applicable only to a non-continuous process section 43.
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Spreadover
The period of work of an adult and young person shall be so arranged that inclusive of the interval for rest or meals under section 7, it shall not spreadover more than twelve hours in the case of adult and nine hours in the case of young person. Provided that the total period of work so worked out, in case of an adult worker, shall not exceed sixty hours and by a young person fifty four hours a week.
PERMANENT/TEMPORARY/CASUAL WORKMEN.
CLASSIFICATION 1. Permanent workman PREVIOUS LAW A workman who has been engaged on permanent basis and has satisfactorily completed the probationary period of three months. PRESENT LAW A workman who has been engaged on work of permanent nature likely to last for more than nine months and has satisfactorily completed a probationary period of three months. A workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a period not exceeding nine months. Same as before.
2. Temporary workman
A workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period. A workman provisionally employed to fill a permanent vacancy in a post and has not completed three months service therein. A workman whose employed to fill a permanent vacancy in a post and has not completed three months service therein. A workman appointed in the post of permanent workman or probationer who is temporarily absent.
3. Probationer
4. Casual workman
Omitted.
5. Badli
Same-but acquires permanent status if employed for continuous period of three months or more or for 183 days during any period of 12 consecutive months. An apprentice within the meaning of apprenticeship ordinance, 1962. A worker who works on contract basis for a specific period of remuneration to be calculated on piece rate basis.
CONTRACT / PIECE RATED WORKER 1. Contract worker in receipt of wages being calculated on piece rate basis not entitled to overtime payment under section 9 of the W. P. Shops & Establishments Ordinance, 1969. 2. On the other hand section 47(3) of the Factories Act, 1934 provides that the Provincial Govt. in consultation with the industry concerned may fix time rates as nearly as possible equivalent to the average rate of time rated workers, and the rates so fixed shall be deemed to be the ordinary rates of those workers for the purpose of overtime.
Three conditions have been observed in the above spreadover. - One is rest interval after six hours working on every full day
- The other is the spreadover inclusive of rest interval shall not day. The third is that the total period including the overtime hours and rest intervals shall not exceed sixty hours in a week. The fourth is that rest interval is not included in normal work hours but included in spreadover and the total period. exceed twelve hours in a
(b) No deduction on account of any holiday allowed under subsection (1) shall be made from the wages of any employee of any establishment.
(c) If an employee is employed on daily wages, he shall none the less be paid his daily wages for the holiday, and where an employee is paid on piece rate, he shall receive for the holiday the average of the wages received in the week. (d) The choice of the closed day shall rest with employer who shall intimate such choice to the prescribed authority. 2. Opening and Closing hours: (a) No establishment shall on any day remain open after 8 p.m. (b) No employee shall be required or permitted to work continuously in any establishment for more than six hours in the case of an adult and for more than three and a half hours in the case of a young person, unless he has been allowed an interval for rest or means of not less than one hour. (c) Except with the permission of the Govt. on woman or young person shall be employed in any establishment otherwise between the hours of 9 a.m. and 7 p.m.
CONTRACT LABOUR REGULATION AND ABOLITION ACT, 1970 DEFINITION OF CONTRACT LABOUR AND CONTRACTOR Section 2(B) A workman shall be deemed to be employed as contract labour in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor. Section 2 (C) Contractor in relation to an establishment means a person who undertakes to produce a given result for the establishment other than a mere supply of goods or articles or manufactures to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor.
IRO, 2002 CONTRACTOR / EMPLOYER Section 2 (x) (f) Employer in relation to an establishment includes a contractor or establishment of a contractor who or which undertakes to procure the labour or services of workmen for use by another establishment for any purpose whatsoever and for payment in any form and on any basis whatsoever.
2) The paid up capital of the company as on the last day of its accounting year is rupees 20 lakhs or more. This condition now applies only to companies established before July 1, 2006. For the companies established thereafter the condition will be 5 millions rupees or more. 3) The value of the fixed assets of the company (at cost) as on the last day of accounting year is rupees forty lakhs or more. This condition also now applies to companies established before July 1, 2006. For companies established thereafter the condition will be rupees twenty millions or more. Every Company making profits in a year has to pay 5% of its net profit to the workers participation fund for distribution among the workers according to their entitlement.
Setting the overall policy and goals, framing of new laws, review of existing laws, adoption of international conventions and protocols.
Inspectorates of Mines
Federal:
Central Inspectorate of Mines: Regulates OSH concerns in the mines in direct federal jurisdiction, i.e. oil-fields, gas-fields and mines of nuclear substances; Conducts job-related training programmes for workers, supervisors and managers regarding H2S hazards, rescue work and to raise awareness about safety laws. Also serves as ILO-CIS National Centre and country representative on APOSHO for promotion of OSH culture.
Centre for the Improvement of Working Conditions and Environment/Occupational Safety & Health Centre:
Provide training on occupational safety, industrial hygiene, risk assessment, chemical safety, selection and use of personal protective equipments, ergonomics, first-aid and occupational
Regulate OSH concerns in mines other than those of mineral oil, natural gas and nuclear substances.
Impart safety training to managers, supervisors and workers and provide mine rescue services, under the umbrella of Inspectorate of Mines.
Inspectorates of Boilers:
To regulate safety in pressure vessel/boiler operation.
Labour Inspectors:
Small industrial and all commercial enterprises under West Pakistan Shops & Establishments Ordinance, 1969.
Labour Officers/Technical Inspectors of Factories: Factories under the Factories Act, 1934.
The institutional set-up would be revitalized and restructured in the light of new policy framework.
Working Conditions
Workers of Pakistan are facing worst working conditions including long working hours, low wages and no freedom of association Practically, there is no or very few implementation of labor laws, without any freedom of association
The Constitution of Pakistan contains a range of provisions with regards to labor rights found in Part II: Fundamental Rights and Principles of Policy. Article 11 of the Constitution prohibits all forms of slavery, forced 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;
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 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.
Conclusions
OSH is placed high Governments agenda. on the
A comprehensive programme has been launched for updating policies and laws and capacity building/strengthening of institutional arrangements in the light of international standards, innovative approaches and recognized practices to provide better services in the field of OSH.
Conclusions (contd.)
The policies and legislation lay emphasis on providing an environment conducive for development of a healthy and well-motivated productive workforce through achievement of necessary goodwill and cooperation of the three partners government, employers and workers.
System improvement followed as a continuous and reiterative process to meet the needs of changing times.
Thank You