Daily The Patriot

A Framework of Rights and Realities

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Pakistan possesses a comprehensive legal framework for labour, rooted in its Constitution and guided by international labour standards set by the International Labour Organization (ILO), of which it has been an active member since 1947. This body of law aims to ensure fair wages, reasonable working conditions, and the protection of worker rights, covering essential areas like minimum wage, working hours, leave entitlements, and social security. However, a persistent gap between the law and its implementation means the reality for many workers falls short of the legislative ideals.
The harsh reality of Pakistan’s industrial landscape is that the workplace is a death trap for far too many workers. At least 20 persons were killed in a recent gas explosion at a glue business in Faisalabad. They fit into a scheme where safety regulations are decorative. A pre-dawn gas leak in Faisalabad caused an explosion so strong that surrounding homes were damaged and a whole cluster of factories collapsed. Hours were spent by rescuers extracting bodies from the debris.
The foundation of labour rights in Pakistan is the Constitution of 1973, which enshrines several core principles: Article 11 explicitly bans all forms of slavery, forced labour, and child labour. Article 17 grants citizens the fundamental right to form associations and trade unions, crucial for collective bargaining. Articles 18 and 25 ensure the right to pursue a lawful profession and equality before the law, prohibiting discrimination.  Article 37(e) directs the state to secure just and humane conditions of work, with specific provisions for the protection of women and children and for maternity benefits.
Pakistan’s labour laws are a mix of federal and provincial statutes, a result of the 18th Amendment that devolved many powers to the provinces. Key laws include: A cornerstone of labour regulation, it sets limits on working hours (maximum 48 hours a week and 9 hours a day), mandates a weekly holiday, and provides for overtime pay at double the normal rate. It also includes provisions for annual leave (14 days), casual leave (10 days), and sick leave (16 days on half pay). This ordinance and subsequent provincial acts (like the Punjab Minimum Wages Act 2019) establish minimum wage rates, which are updated periodically by the government. Provincial Employees’ Social Security Ordinance, 1965 (PESS) and Employees’ Old-Age Benefits Act, 1976 (EOBI): These laws provide a social safety net, offering medical care, sickness benefits, maternity benefits, and pensions for covered employees. The Industrial And Commercial Employment (Standing Orders) Ordinance, 1968: This ordinance regulates employment conditions, termination procedures, and the classification of workers.
Despite this robust legal architecture, significant challenges remain in enforcement. Widespread labour violations, including forced overtime, denial of legally mandated leave, below-minimum wages, and unjust terminations, are frequently reported. The use of third-party contractors often allows larger enterprises to circumvent legal responsibilities for benefits and social security contributions. Furthermore, weak inspection mechanisms and a lack of awareness among workers about their rights contribute to the persistent gap between the law as written and the reality of the workplace.
Addressing these disparities requires not just new legislation, but the political will to enforce existing laws effectively, strengthen labour inspection systems, and promote awareness of labour rights. Only then can Pakistan ensure that the promise of its labour laws translates into tangible justice and dignity for its entire workforce.

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A Framework of Rights and Realities

Link copied!

Pakistan possesses a comprehensive legal framework for labour, rooted in its Constitution and guided by international labour standards set by the International Labour Organization (ILO), of which it has been an active member since 1947. This body of law aims to ensure fair wages, reasonable working conditions, and the protection of worker rights, covering essential areas like minimum wage, working hours, leave entitlements, and social security. However, a persistent gap between the law and its implementation means the reality for many workers falls short of the legislative ideals.
The harsh reality of Pakistan’s industrial landscape is that the workplace is a death trap for far too many workers. At least 20 persons were killed in a recent gas explosion at a glue business in Faisalabad. They fit into a scheme where safety regulations are decorative. A pre-dawn gas leak in Faisalabad caused an explosion so strong that surrounding homes were damaged and a whole cluster of factories collapsed. Hours were spent by rescuers extracting bodies from the debris.
The foundation of labour rights in Pakistan is the Constitution of 1973, which enshrines several core principles: Article 11 explicitly bans all forms of slavery, forced labour, and child labour. Article 17 grants citizens the fundamental right to form associations and trade unions, crucial for collective bargaining. Articles 18 and 25 ensure the right to pursue a lawful profession and equality before the law, prohibiting discrimination.  Article 37(e) directs the state to secure just and humane conditions of work, with specific provisions for the protection of women and children and for maternity benefits.
Pakistan’s labour laws are a mix of federal and provincial statutes, a result of the 18th Amendment that devolved many powers to the provinces. Key laws include: A cornerstone of labour regulation, it sets limits on working hours (maximum 48 hours a week and 9 hours a day), mandates a weekly holiday, and provides for overtime pay at double the normal rate. It also includes provisions for annual leave (14 days), casual leave (10 days), and sick leave (16 days on half pay). This ordinance and subsequent provincial acts (like the Punjab Minimum Wages Act 2019) establish minimum wage rates, which are updated periodically by the government. Provincial Employees’ Social Security Ordinance, 1965 (PESS) and Employees’ Old-Age Benefits Act, 1976 (EOBI): These laws provide a social safety net, offering medical care, sickness benefits, maternity benefits, and pensions for covered employees. The Industrial And Commercial Employment (Standing Orders) Ordinance, 1968: This ordinance regulates employment conditions, termination procedures, and the classification of workers.
Despite this robust legal architecture, significant challenges remain in enforcement. Widespread labour violations, including forced overtime, denial of legally mandated leave, below-minimum wages, and unjust terminations, are frequently reported. The use of third-party contractors often allows larger enterprises to circumvent legal responsibilities for benefits and social security contributions. Furthermore, weak inspection mechanisms and a lack of awareness among workers about their rights contribute to the persistent gap between the law as written and the reality of the workplace.
Addressing these disparities requires not just new legislation, but the political will to enforce existing laws effectively, strengthen labour inspection systems, and promote awareness of labour rights. Only then can Pakistan ensure that the promise of its labour laws translates into tangible justice and dignity for its entire workforce.

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Your email address will not be published. Required fields are marked *