Labour & Services Law

Labour and services law in Pakistan encompasses various statutes and regulations aimed at protecting the rights of workers, regulating the employer-employee relationship, and ensuring fair labor practices. Here is an overview of the key aspects of labour and services law in Pakistan:

Labour Law

Key Legislation

1. Industrial Relations Act, 2012:

   • Governs the relationship between employers and employees, trade unions, and industrial disputes.
   • Provides for the formation of trade unions and employers' associations.
   • Regulates the resolution of industrial disputes through conciliation, arbitration, and adjudication.

2. Factories Act, 1934:

   • Regulates the working conditions in factories, including health, safety, and welfare of workers.
   • Sets standards for working hours, overtime, and rest intervals.
   • Mandates provisions for adequate ventilation, lighting, cleanliness, and safe working environments.

3. Shops and Establishments Ordinance, 1969:

   • Applies to commercial establishments and shops.
   • Regulates working hours, weekly holidays, and employment conditions in such establishments.

4. Minimum Wages Ordinance, 1961:

   • Establishes the minimum wage rates for different categories of workers.
   • Empowers the government to revise minimum wages periodically to account for inflation and cost of living.

5. Payment of Wages Act, 1936:

   • Ensures timely payment of wages to employees.
   • Specifies deductions that can be made from wages and provides remedies for unlawful deductions or delays in wage payments.

6. Workmen's Compensation Act, 1923:

   • Provides compensation to workers who suffer injuries or illnesses arising out of and during the course of employment.
   • Specifies the amount of compensation and the procedure for claiming it.

7. Employees' Old-Age Benefits Act, 1976:

   • Establishes the Employees' Old-Age Benefits Institution (EOBI) to provide pensions and other benefits to insured persons upon retirement, disability, or death.

8. Employment of Children Act, 1991:

   • Prohibits the employment of children under the age of 14 in hazardous occupations and regulates the conditions of work for children and adolescents.

Key Concepts

1. Trade Unions:

   • Workers have the right to form and join trade unions to collectively bargain for better wages, working conditions, and other employment benefits.
   • Trade unions are registered with the Registrar of Trade Unions and operate under specified rules and regulations.

2. Industrial Disputes:

   • Disputes between employers and employees are resolved through mechanisms like conciliation, arbitration, and adjudication by labor courts or tribunals.

3. Worker Welfare:

   • Legislation mandates provisions for worker welfare, including health and safety measures, working hours, rest periods, and leave entitlements.

Services Law

Key Legislation

1. Civil Servants Act, 1973:

   • Governs the terms and conditions of service for civil servants in Pakistan.
   • Provides for appointments, promotions, transfers, and disciplinary actions for civil servants.
   • Specifies the rights and obligations of civil servants, including conduct and performance standards.

2. Employment (Record of Services) Act, 1951:

   • Mandates employers to maintain records of employment, including service books and registers of employees.
   • Ensures transparency and documentation of employment history and conditions.

3. Provincial Civil Services Laws:

   • Each province in Pakistan has its own set of laws and regulations governing provincial civil servants.
   • These laws align with the federal framework but cater to the specific administrative and operational needs of the respective provinces.

Key Concepts

1. Civil Servants:

   • Civil servants are employees of the government who are appointed to various public offices and are subject to specific service rules and regulations.
   • They are entitled to job security, pensions, and other benefits as provided by the law.

2. Service Records:

   • Employers are required to maintain comprehensive service records of their employees, documenting their employment history, promotions, transfers, and disciplinary actions.

3. Disciplinary Actions:

   • Service laws provide procedures for taking disciplinary actions against employees for misconduct, inefficiency, or breach of service rules.

4. Rights and Benefits:

   • Civil servants and other employees in the services sector are entitled to various rights and benefits, including leave entitlements, pension schemes, and job security.

Understanding labour and services law in Pakistan is essential for both employers and employees to ensure compliance with legal requirements, protect rights, and promote fair labor practices and efficient public service administration.