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General Constitutional Framework:
A permanent Constitution of Pakistan became effective as of 14 August 1973. The Constitution, as amended up to December 2003, provides for a federal democratic State, based on Islamic principles of social justice, though Pakistan has often alternated between civilian rule and extended periods of military rule.
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.- 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 condus; ct any lawful trade or busines
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.
· Pakistan’s 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, Government’s 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.
Besides above mentioned subjects the constitution of Islamic Republic of Pakistan also protects the Termination of the Contract, Working Time and Rest Time, Working hours, Paid Leave, Maternity Leave and Maternity Protection, Other Leave Entitlements, Minimum Age and Protection of Young Workers, Equality, Pay Issues, Workers' Representation in the Enterprise in terms of:
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.
These constitutional laws also cover Collective Bargaining and Agreements (CBAs) including collective labour disputes.
For more info:
http://www.ilo.org/public/english/dialogue/ifpdial/info/national/pak.htm
http://www.labourunity.org/labourlaws.htm
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Introduction to International Labour Standards "The rules of the global economy should be aimed at improving the rights, livelihoods, security, and opportunities of people, families and communities around the world." - World Commission on the Social Dimension of Globalization, 2004 (Note 1) Since 1919, the International Labour Organization has maintained and developed a system of international labour standards aimed at promoting opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and dignity. In today's globalized economy, international labour standards are an essential component in the international framework for ensuring that the growth of the global economy provides benefits to all.
Note 1 - ILO: A Fair Globalization: Creating opportunities for all, Report of the World Commission on the Social Dimension of Globalization (Geneva, 2004), p. 143.
International Labour Standards Policy
Committee on Legal Issues and International Labour Standards
March 2011 (GB. 310)
- Improvements in the standards-related activities of the ILO - ILO standards policy: An approach for a robust and effective international labour code
- Improvements in the standards-related activities of the ILO - Streamlining of the sending and processing of information and reports
November 2010 (GB. 309)
March 2010 (GB. 307)
November 2009 (GB. 306)
March 2009 (GB. 304)
November 2008 (GB. 303)
- Improvements in the standards-related activities of the ILO - Possible implications of the Declaration on Social Justice for a Fair Globalization on the standards strategy and update on the implementation of the interim plan of action
- Improvements in the standards-related activities of the ILO: Improving the coherence, integration and effectiveness of the supervisory system through a better understanding of its dynamics
March 2008 (GB. 301)
November 2007 (GB. 300)
March 2007 (GB. 298)
March 2006 (GB. 295)
November 2005 (GB. 294)
March 2005 (GB. 292)
CARTIER WORKING PARTY - Working Party on Policy regarding the Revision of Standards (1995-2002)
- Information note on the progress of work and decisions taken concerning the revision of standards (updated in June 2002) - Cartier Working Party conclusions
- Updated list of instruments by subject and status
- Cartier Working Party documents (November 1995 to March 2002)
Courtesy:
http://www.ilo.org/global/standards/lang--en/index.htm
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