Have ever wondered about the laws of employment in Pakistan? Yes? The good news is that we are going to discuss some of the basic employment laws in Pakistan today.
The amendment in the constitution has given Pakistan a status of a federal democratic state based on Islamic principles in regards to social justice.
Employees’ Constitutional Rights
When it comes to rights of employees, the constitution of Pakistan has specified several provisions in Fundamental Rights and Principles of Policy. Following are few rights by the Constitution:
- Article 11 doesn’t permit child labour or any sort of forced labour/slavery.
- Article 17 gives the fundamental right to create unions and exercise freedom of association.
- Article 18 gives citizens their right to get involved in lawful businesses/professions/occupations.
- Article 25 promotes equality and prohibits any sort of discrimination, especially gender-based.
- Article 37(e) provides safety and security and encourages adequate working environment. It also emphasizes the protection of women and children.
The Pakistani labour laws were derived during the partition of India and Pakistan. Since that period, these laws developed gradually with time to meet the requirements for socioeconomic and industrial development, trade union growth, and higher literacy levels. All of it was due to the commitment of the government toward social development.
Moreover, government, federal and provincial, claims the responsibility of labour/employees, which is called “concurrent subject.” In spite of that, the Federal Government makes laws for the sake of uniformity. It is specified though that Provincial Government has authority to make rules and regulations according to the situation existing at the moment.
Signing an employee contract
In 1968, an ordinance, Industrial and Commercial Employment, was approved concerning the relationship between employee and employer and employment contract. The application of this ordinance is throughout industrial and commercial establishments in Pakistan. It specifies the employment of 20 or over 20 employees along with employment security.
Labours hired via labour contracts or contractors are generally considered with unwritten contracts. Based on verbal evidence, proofs or practices in the past, these contracts can be enforced.
Moreover, regardless of establishment, whenever a candidate is hired for a specific job, the employer must give an appointment letter. Mandatory instructions of the labour contract are clearly stated in the terms and conditions of the employment. These will include tenure and nature of job, benefits, compensation, and terms and conditions.
Termination of contract
Except for a month’s notice and violation or misconduct, the employer has no authority to terminate any employee based on just any reason. In case an employee decides to leave the organization, the employer is liable to provide them with a month’s salary.