Labor Law

2018

Submitted to Ma’am Maryam Naqvi

Submitted by Areeba Munir 95 Nimra Aslam96
4/20/2018
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Old Labor Law

Intoduction:
Definition of Worker:
 A person employed directly
 Through an agency whether for wages or not in any
manufacturing process
Definition of Children:
A person below 14 years of age (Prohibited for Employment)
Adolescent- A person above 14 and below 18 years of age (Allowed for
Employment)
Contract of Employment:
Every Employer is required to:
 To issue formal employment letter
 Labor Contract
(At the time of appointment, transfer or promotion)
Termination of Contract
Services of worker can be terminated due to:
 His professional misconduct
(Along with one month’s notice or wages)
 By his own choice to leave

Employment with Disability:

2% quota of whole employment is reserved for disable persons (if no. of
employee hired is 100 or more)
Holiday Provisions:
Workers with twelve month of continuous service shall be allowed:
 Annual 14 days paid consecutive leave
 16 days sick leave with half pay (8 days sick leave with full
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pay in a year)
 10 days casual leave with full pay during a year.
Over Time:
If an employee does over time, he shall be paid at the rate twice his
ordinary rate of pay
Overtime pay =
Gross monthly salaryx2xno. Of overtime hour
Working hours in a month x working hours in a day.

Bonded Labor
“Slavery is non-existent and forbidden and no law shall permit or
facilitate its introduction into Pakistan in any form. All forms of forced
labor and traffic in human beings are prohibited”.
Maternity Benefits
Upon the completion of four months of employment, pregnant employee
is allowed:
 Maternity leave of 12 weeks with full pay
 It is illegal to dismiss a women on maternity leave
 A woman is entitled to prenatal confinement and post-natal
medical care
Paternity Leave
 New fathers are granted maximum 7 days of paternity leave
on or immediately before the birth of a child
 Admissible only two times during the entire service.
Wages
 Wages can be paid on daily, weekly, fortnightly or monthly
basis
 Wage period must not exceed one month
 Should be paid within seven end of end of wage period
 Should be paid within 10 days (if 1000 or more employees
are hired)
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 Wages of discharge employee should be paid on second

working day of his discharge
Trade Union
 A worker can join only one union at a time
 If he join more than one union, his earlier membership
would get cancelled
Collective Bargaining Agreement
 Union, which is the elected agent of workers in an
establishment
 Elected after holding a secret ballot election if there is more
than one union in an establishment
 If there exists only one union and its members are at least
one-third of total workers in an establishment and it makes an
application for certification, then it can be certified as CBA by
Registrar.
Minimum Wages
 Rate for unskilled & juvenile (14-17 years) workers is
Rs.13, 000/month in Punjab, Sindh, and Baluchistan and
Islamabad Capital Territory.
 Minimum wage for unskilled & juvenile workers (14-18
years) is notified as Rs.12,000/month in KPK
 Minimum wages for semi-skilled, skilled and highly skilled
workers are determined by the Minimum Wage Boards
Penalty for Violation
Deduction from Wages
No deduction can be made from the wages of the workers excepts for
 Fines
 Breach of contract
 The cost of damage
 Loss incurred to the factory
(In any way other than an accident)
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Sexual Harassment
A person convicted of sexually harassment:
 Can be imprisoned for a maximum term of 3 years
 Fined with a maximum sum of PKR 5 Lakh (0.5 million)
 Or with both
Commencement of Disputes
 Negotiation and communication about issues should be in
writing among both parties
 Upon receipt of the communication, the other party has 15
days (or more if agreed) to settle the dispute by bilateral
negotiations
Proceedings of Strikes and Lock-outs
 Freedom of association and to form unions
 Seven day notice should be given to employer
 Bargain through their representative
 Strike more than 15 days are intervened by Government
before the expiry of 30 days of strike
Wedding Grant
 Grant to worker for marriage of his daughter is Rs.100,000
by law
 Female worker may also avail this benefit on her own
marriage (once in life time).

Death Grant
 A death grant of PRs. 500,000 is provided to the family of
deceased worker.
 There is also no pay or service limit for provision of this
grant.
 The worker must be registered with EOBI and Social
Security
Pension Rights
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 A worker must have attained 60 years of age (55 years for

women) with at least 15 years of contributions.
Pension Amount= 2% of the insured worker's average monthly earnings
in the last 12 months x number of years for which contributions have
been made
 A worker taking early pension gets only 70% of the full
pension
 The minimum monthly pension from EOBI has been raised
from PRs. 3,600 to PRs. 5,250 per month
Retirement
 For superannuation or retirement, the employee may apply
before thirty days of the date of superannuation or retirement.
 A nominee of an employee eligible for gratuity, in case of
death of employee, shall apply within 30 days from the date of
gratuity becomes payable to him
Health and Safety
Cleanliness:
Every factory shall be kept clean and free from effluvia arising from
any drain, privy or other nuisance:
 Accumulation of dirt and refuse shall be removed daily
from the floors and benches of work-rooms and staircases and
disposed of in a suitable manner.
 The floor of every work-room shall be cleaned at least once
in every week by washing, using disinfectant where necessary or
by some other effective method
 Where the floor is liable to become wet in the course of any
manufacturing process to such extent as is capable of being
drained, effective means of drainage shall be provided and
maintained.
Health and Safety
 Power to require specifications of defective parts or tests of
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stability
 Safety of building, machinery and manufacturing process
 Precautions against dangerous fumes
 Explosive or inflammable dust, gas, etc.
 Notice of certain accidents

Disposal of Wastes and Effluents

Effective arrangements shall be made in every factory for the disposal
of wastes and effluents due to the manufacturing process carried on
therein.
Ventilation and Temperature
 Effective and suitable provisions shall be made in every
factory for securing and maintaining in every work-room:
(a) Adequate ventilation by the circulation of fresh air
(b) Such temperature as will secure to workers therein reasonable
conditions of comfort and prevent injury to health.
 A thermometer should be set at such position where the
prescribed temperature could be noted and maintained
 The walls and roofs shall be of such material and so
designed that such temperature shall be maintained as prescribed.
High temperature Operations
Where the nature of the work carried on in the factory involves the
production of excessively high temperature, such adequate measures as
are practicable shall be taken to protect the workers therefrom
 By separating the process which produces such temperature
from the work-room
 Insulating the hot parts or by other effective means.
Dust and fume
No internal combustion engine shall be operated in any room
unless:
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 Effective measures ( eye glasses, face mask etc.) have been

taken to prevent such accumulation of fumes
Dust and fume
In factory, no stationary internal combustion engine shall be operated
unless the exhaust is conducted into:
 Open air
 Exhaust pipes are insulated to prevent scalding and
radiation heat

Artificial Humidification
The Provincial Government may, in respect of all factories in which
humidity of the air is artificially increased, made rules :-
(a) Prescribed standards of humidification
(b) Regulated methods used for artificially increasing the humidity of the
air
(c) Prescribed tests for determining the humidity of the air to be correctly
carried out and recorded.

Over-Crowding
 No work-room in any factory shall be over-crowded to an
extent injurious to the health of the workers employed therein.
 Without prejudice to the generality of the above rule shall
be provided for every worker employed ,irrespective of the class
of employee,.
Lighting
 In every part of a factory where workers are working or
passing, there shall be provided and maintained :-
(a) sufficient and suitable lighting, natural or artificial, or both
(b) emergency lighting of special points in work-room and passages to
function automatically in case of a failure of the ordinary electric system.
 In every factory all glazed windows and sky-lights used for
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the lighting of the work-room shall be kept clean on both the outer
and inner surfaces and free from obstruction as far as possible

Drinking Water
 In every factory effective arrangements shall be made to
provide and maintain at suitable points conveniently situated for
all workers employed therein a sufficient supply of whole-some
drinking water
 All such points shall be legibly marked "Drinking Water" in
a language understood by the majority of the workers and no such
point shall be situated within twenty feet of any washing place,
urinal or latrine, unless a shorter distance is approved in writing by
the Chief Inspector.
 In every factory wherein more than two hundred and fifty
workers are ordinarily employed, provision shall be made for
cooling the drinking water during the hot weather by effective
means and for distribution thereof and arrangements shall also be
made for:-
(a) The daily renewal of water if not lay on
(b) A sufficient number of cups or other drinking vessels, unless the
water is being delivered in an upward jet.

Latrines and Urinals

 Sufficient latrines and urinals of prescribed types shall be
provided conveniently situated and accessible to workers at all
times while they are in the factory;
 Enclosed latrines and urinals shall be provided separately
for male and female workers
 Such latrines and urinals shall be adequately lighted and
ventilated and no latrine and urinal shall, unless specially
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exempted in writing by the Chief Inspector, communicate with

any workroom except through an intervening open space or
ventilated passage
 All such latrines and urinals shall be maintained in a clean
and sanitary condition at all times with suitable detergents or
disinfectants or with both
 The floors and internal walls of the latrines and urinals and
the sanitary blocks shall, up to a height of three feet, be finished to
provide a smooth polished impervious surface
 Washing facilities shall be provided near every sanitary
convenience.
 The Provincial Government may prescribe the number of
latrines and urinals to be provided in any factory in proportion to
the number of male and female workers ordinarily employed
therein and such further matters in respect of sanitation in the
factories as it may deem fit.

Compulsory Vaccination and Inoculation.

 Each worker in a factory shall be vaccinated and inoculated
against such diseases and at such intervals as may be prescribed
 The expenses, if any, of such vaccination and inoculation
shall be borne by the occupier or manager of the factory.
Precautions in case of Fire
Every factory shall be provided with such means of escape in case of
fire as may be prescribed.
 If it appears to the Inspector that any factory is not provided
with the means of escape prescribed, he may serve on the manager
of the factory an order in writing specifying the measures which
should be adopted before a date specified in the order.
 In every factory the doors affording exit from any room
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shall not be locked or fastened so that they can be easily and

immediately opened from inside while any person is within the
room, and all such doors, unless they are of the sliding type, shall
be constructed to open outwards or where the door is between two
rooms, in the direction of the nearest exit from the building and
such door shall not be locked or obstructed while work is being
carried on in the room and shall at all times be kept free from any
obstruction.
 In every factory every window, door or other exit affording
means of escape in case of fire, other than means of exit in
ordinary use, shall be distinctively marked in a language
understood by the majority of the workers and in red letters of
adequate size or by some other effective and clearly understood
sign.
 In every factory there shall be provided effective and clearly
audible means of giving warning in case of fire to every person
employed therein.
 A free passage-way giving access to each means of escape
in case of fire shall be maintained for the use of all workers in
every room of the factory.
 In every factory wherein more than ten workers are
ordinarily employed in any place above the ground floor, or
explosive or highly inflammable materials are used or stored,
effective measures shall be taken to ensure that all the workers are
familiar with the means of escape in case of fire and have been
adequately trained in the routine to be followed in such case.
 The Provincial Government may make rules prescribing in
respect of any factory, or class or description of factories, the
means of escape to be provided in case of fire and the nature and
amount of firefighting apparatus to be provided and maintained.
Workers Record
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The manager of every factory shall maintain a Register of Adult

Workers, showing: -
 The name and age of each adult worker in the factory
 The nature of his work
 The group, if any, in which he is included
 Where his group works on shifts, the relay to which he is
allotted
Certificates of Fitness
The certifying surgeon after examination may grant to such person, in
the prescribed form:-
 A certificate of fitness to work in a factory as a child if he is
satisfied that such person has completed his fourteenth year, that
he has attained the prescribed physical standards (if any), and that
he is fit for such work; or
 A certificate of fitness to work in a factory as an adult if be
is satisfied that such person has completed his fifteenth year and is
fit for full day's work in a factory.

Conclusion:
Changes in labor laws
according to budget
2017-18

 Minimum wages have been increased from existing fourteen

thousand to fifteen thousand.
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 A 10% ad HOC relief has been given to the government

employees in their pay and allowance.

 Several allowances of different categories of employees have also

been increased. These include sixty percent in daily allowance rate,
enhancement of orderly allowance from 12000 to 14000 rupees,
increase in the rate of burial grant from 1600 to 4800 and 5000 to
15000 rupees, constant Attendant Allowance from 3000 to 7000
rupees and fifty percent increase in design Allowance.

 The minister announced 10% increase in pensions.

 At least 2.0 per cent quota for handicaps in government jobs will
now be applicable to all private companies listed under the
companies act. Special persons will also be entitled to investing in
Behbood Savings Certificates offered to pensioners and widows.

 Up to BPS-5 employees are being exempted from paying house

rent charges at the rate of 5%.

Sindh Factories Act

The Factories Act 1934 (Act XXV of 1934) repealed by Sindh
Factories Act 2015 (Sindh Act No. XIII of 2016) now enforced
from 25th April 2016.

The Major Changes in Sindh Factories Act 2015, (Sindh Act#

XIII of 2016) are reproduced below for your ready reference:-
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 “worker” means a person employed in any manufacturing

process, or in cleaning any apart of the machinery or premises
used for a manufacturing process, or in any other kind of work
whatsoever, incidental to or connected with the subject of the
manufacturing process and includes clerical staff, but does not
include occupier and manager having the hiring and firing
authority; provided that no worker shall be employed through
any agency or contractor or sub-contractor or middleman or
agent, to perform production related work.
 Government may by order in writing, direct that the
different departments or branches of a specified factory shall be
treated as separate factories for all or any of the purposes of this
Act.
 When Government is satisfied that following upon a change
of occupier of a factory or in the manufacturing process carried
on therein, the number of workers for the time being working in
the factory is less than twenty and is not likely to be twenty or
more on any day during the ensuing twelve months it may by
order in writing exempt such factory from operation of this Act.
 In every factory wherein not less than five hundred workers
are ordinarily employed the occupier or manager shall employ
such number of welfare officers having such qualifications to
perform such duties and on such terms and conditions as may be
prescribed.
 No Women or child shall be allowed in any factory to clean
lubricate or adjust any part of machinery while that part is in
motion, or to work between moving parts or between fixed and
moving parts of any machinery which is in motion.
 No woman shall be allowed to work in a factory except
between 7 A.M to 7 P.M.
 Where any worker are paid on a piece-rate basis,
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government in consultation with the industry concerned may for

the purposes of this section fix time rates are nearly as possible
equivalent to the average rate of earnings of those workers and
the rates so fixed shall be deemed to be the ordinary rates of
those workers for the purposes of this section.
 Annual Holidays: -
As per section 73 (1) every worker shall be entitled to 14Days
Holidays with Pay.

Casual Leaves and Sick Leaves :-


Every worker shall be entitled to casual
leave with full pay for Ten Days in a year
Every worker shall be entitled to Sixteen
Days in a Year sick leave on full pay.

 Room for Children: - Government may also make rules-

 Requiring that in any specified factory, wherein women
workers are ordinarily employed, a suitable room shall be
reserved for the use of children under the age of six years
belonging to such women; and.

 Prescribing the standards for such rooms and the nature of

the supervision to be exercised over the children therein.

In every factory wherein more than two hundred and fifty
workers are ordinarily employed provision shall be made for
cooling the drinking water during the hot weather by effective
means and for distribution thereof and arrangements shall also be
made for-
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 The daily renewal of water if not laid on; and

A sufficient number of cups or other drinking vessels,

unless the water is being delivered in an upward jet.
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Description:
It was a group project including Two people.
 Usama
 Openness – Openness to experience describes a person’s degree of
intellectual curiosity, creativity, and preference for novelty and
variety. Some disagreement remains about how to interpret this
factor, which is sometimes called intellect.
 Conscientiousness – Conscientiousness is a tendency to show self-
discipline, act dutifully, and aim for achievement.
Conscientiousness also refers to planning, organization, and
dependability.
 Extraversion – Extraversion describes energy, positive emotions,
assertiveness, sociability, talkativeness, and the tendency to seek
stimulation in the company of others.
 Agreeableness – Agreeableness is the tendency to be
compassionate and cooperative towards others rather than
suspicious and antagonistic.
 Neuroticism – Neuroticism describes vulnerability to unpleasant
emotions like anger, anxiety, depression, or vulnerability.
Neuroticism also refers to an individual’s level of emotional
stability and impulse control and is sometimes referred to as
emotional stability.
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 Research Methodology:
The project starts with a questionnaire, all selected employees had to fill
and submit the questionnaire. After this an analysis was made on the
bases of their questionnaire. After this a interviews were designed
including specific question in the basis of the analysis mentioned above.
All this process was recorded explicitly but it was all confidential. After
interview there was some several discussions and interviews according
to need. Then a final report of assessment was made and submitted to
supervisor.
My work in this project was to get appointments from every employee
for every meeting. I was responsible for fulfillment of questionnaire by
time. This wasn’t an easy task because it was so difficult to get work
done by senior employees. After this I had to be there in every interview
and recorded every interview and then make record save in written form
for further usage.

Reference:

https://www.google.com.pk/search?
q=labour+laws+in+pakistan&oq=labour&aq
s=chrome.2.69i57j69i60j35i39j69i60l2j0.377
3j0j7&sourceid=chrome&ie=UTF-
8,04/20/18,9:16AM
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Literature Review:
The most recent case which confirms the unwillingness of the courts to
interfere with an employment agreement’s terms is Muhammad
Rasheed vs. H. Ohashi Chief (Representation) Of Toyota Tsusho
Corporation,1 where a grievance petition was dismissed on the basis
that the appellant had already agreed in writing to the terms of the
appointment letter, stating that the employee could be terminated by
giving three months’ notice, or three months’ gross salary in lieu
thereof. Also the fact that there were only seven (hence fewer than 20
employees) at the workplace, the operation of S.33 & 47—Industrial
and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
S.1 (4)(a) & S.0.12 which pertain to termination of service, was
excluded.

In Shaukat Ali vs. Chief Executive PESCO,2 the question of legal and
economic justice in labour laws arose with regard to the operation of
S.O.13 (3)—Khyber Pakhtunkhwa Industrial Relations Act (XVI of 2010),
S.37. The matter involved the withholding of back benefits, and it was
argued that such an action amounted to discrimination. The court
upheld this view, stating that the Industrial Relations Act, 2010 was
basically a beneficial legislation, which provided for protection of
riMghts of labour classes; its object amongst others was to ameliorate
the conditions of workers; such legislation had to be construed liberally
and beneficially. It was also stated that a narrow interpretation of the
meaning and metaphor of the Industrial Relations Act, 2010 would
defeat the manifest objective of legislation, hence time-barred de
novoproceedings and withholding of back benefits were held to be
illegal and unlawful, and an appeal was allowed on this basis. This is a
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positive trend as far as workers’ rights are concerned and the fact that
the weaker party was the ‘worker’ in this regard meant their rights had
to be balanced against the legal arguments by the state entity that was
the employer.

Recomandation:
Muhammad Asif Shakir,the Asistant of the MSBP.he recommad me all
the data aacording to the company’s laws or record.

Findings:
Topic: Artificial Intelligence and The Future of
Warfare

SURVEY QUESTIONERE

NAME…………………… AGE: …………………. DEPT:

……………………... GENDER………………. SEM…………………...
ROLL NO. ………………….

QUESTIONS

A (Strongly Agree) B (Agree) C (Neutral) D (Disagree) E (Strongly

Disagree)

 Can AI take over the world? A

B C D E
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 Can AI be ethical? A

B C D E
 Can AI become Self-Aware? A

B C D E
 Can AI be Hacked? A

B C D E
 Can AI think? A B C

D E
 Can AI Learn? A

B C D E
 Can AI feel emotions? A

B C D E
 Can Al be creative? A

B C D E
 Can AL exist? A

B C D E
 Can AI create the next wonder material? A

B C D E
 Can AI be human? A

B C D E
 Can AI replace Humans? A

B C D E
 Are you afraid of AI in certain perspectives? A

B C D E
 Do you think AI has helped us improve? A

B C D E
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 Have you ever used Al devices? A

B C D E
 Do you support the use of AI in military? A

B C D E
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 Do you know what AI stands for?

__________________________________________________________
__________________________________________________________
__________________________________________________________
________________________

 Have you ever any AI devices if so how was your

experience?
__________________________________________________________
__________________________________________________________
__________________________________________________________
________________________

 Is AI necessary for our military?

__________________________________________________________
__________________________________________________________
__________________________________________________________
________________________
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