Labour Law

Child Labour in Pakistan: Why Laws Alone Are Not Enough

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Child labor is a multidimensional systemic issue; thus, it cannot be addressed by mere legislative measures. In the context of Pakistan, where nearly 45% population is living below the poverty line, it is taking the shape of a crisis, requiring immediate policy intervention and socio-economic reforms. Child labor is legislatively defined as taking labor from a child below the age of 14. The labor has many kinds. In the context of Pakistan, the most prominent forms of child labor include domestic chores, carpet weaving, brick kilns, begging, and mining, etc. Often, children, being vulnerable as minors and not able to make rational decisions in their interest, are subject to exploitation and abuse by their employers. This includes torture, harassment, and work without monetary compensation among others. Despite Pakistan’s progressive legislation pursuant to the ratification of the International Labour Organization (ILO) Worst Forms of Child Labour Convention (No. 182) and the Minimum Age Convention (No. 138), it is not able to nip this evil in the bud.[1] The Employment of Children Act 1991, and constitutional protections i.e. Article 37(e) principal policy requiring the State to make 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, thus still lack robust implementation.[2] Most prominent reasons behind this governance failure is non-consideration of socio-economic factors behind it. Poverty is one of the major causes that forces children to become a victim of child labor. Often, their guardians, mostly parents,…

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Labour Roadmap

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A national action plan is defined as an “evolving policy strategy developed by the state to protect against adverse human rights impacts by business enterprises in conformity with the UN Guiding Principles on Business and Human Rights”. In June 2011, the United Nations Human Rights Council endorsed the UN Guiding Principles on Business and Human Rights to address adverse human rights impacts resulting from business activity. The UNGPs were the culmination of several years of consultations amongst states, business enterprises and civil society organisations, led by the UN. As a first step, a formal commitment by the government of Pakistan to develop such a national action plan was announced in November 2018 by the Ministry of Human Rights at the Annual Forum on Business and Human Rights in Geneva. In March 2021, the draft national action plan was circulated for comments to various federal ministries and provincial departments, as well as national human rights institutions and other stakeholders. The draft was also uploaded on a dedicated business and human rights website hosted by the Ministry of Human Rights, with an open call for public feedback from civil society, academia, and international development organisations. A national action plan offers an opportunity to simplify labour laws. The UNGPs provide a global standard for addressing and preventing human rights abuses resulting from business activity. They do not create new international obligations for the state but substantiate those already ratified. Pakistan aims to strengthen mechanisms to ensure victims are provided adequate remedies where business…

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Rights of Employees Governed by Non-Statutory Service Rules

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Understanding the Distinction Before delving into the rights of employees, it is crucial to understand the difference between statutory and non-statutory service rules: Statutory rules: These are laws/rules/regulations enacted, expressly or by reference, by a legislative body and have the force of law. They provide a comprehensive framework for employment relationships including terms and conditions. Non-statutory rules: These are internal regulations created by employers for managing their workforce. They are not enforced by the state but are binding on employees as part of their employment contract. Rights Under Non-Statutory Rules While non-statutory rules might not have the same level of protection as statutory laws, they still outline essential aspects of the employment relationship. Common rights covered under non-statutory rules include: Terms and conditions of employment: Salary, allowances, working hours, leave entitlements and other benefits. Disciplinary procedures: Rules governing misconduct, warnings and termination. Grievance handling procedures: Mechanisms for employees to raise concerns and seek redress. Performance appraisal and promotion criteria: Guidelines for evaluating employee performance and career progression. Code of conduct: Expected behaviour and standards of conduct for employees. Limitations and Challenges It is essential to recognize the limitations of non-statutory rules: Lack of enforceability: Unlike statutory laws, non-statutory rules are generally not enforceable through legal action. Disputes often rely on contractual terms or internal grievance procedures. Potential for abuse: Employers may have more discretion in interpreting and applying non-statutory rules, leading to potential unfair treatment. Limited scope: Non-statutory rules typically cover only specific aspects of employment, leaving gaps in protection…

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Sindh Labour Code

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Over the last four decades or so, at least three labour commissions were formed to consolidate and simplify labour laws. However, the suggestions they made and the draft legislation they proposed were not even considered for putting up before parliament. There are some 190 labour enactments and rules made thereunder, with different definitions of ‘worker’, ‘employer’ and ‘establishment’. Besides, the laws and rules have outdated provisions. For instance, there is the Payment of Wages Act, 1936, and three Rules of 1937, 1938 and 1960. Then there are the Minimum Wages Ordinance, 1961, the Rules of 1962 and the West Pakistan Minimum Wages for Unskilled Workers Ordinance, 1969. Labour laws should be simple, especially for those ensuring compliance with statutory requirements. The Sindh government, in collaboration with the ILO, has prepared and circulated the Sindh Labour Code, 2024, among employers and workers’ bodies. The SLC is purported to have consolidated 20 labour laws, inclusive of legislation such as the Industrial & Commercial Employment (Standing Orders) Ordinance; Factories Act; Industrial Relations Act; Shops & Establishments Act, etc. Separate meetings organised by the Employers’ Federation of Pakistan and the National Trade Union Federation were held on June 8, 2024, to discuss the draft legislation contained in the 318-page SLC. In the EFP meeting, participants were of the view that consolidation should have been based on existing laws, making their enforcement simple by removing obsolete provisions and making them relevant to existing needs. The draft legislation of the SLC is very confusing. Instead, the…

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Corporate Abuse: Transnational Corporations And Violation Of Human Rights.

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On 11th September, 2012, a fire broke out at the Ali Enterprises textile factory located in Pakistan. As a result of the fire, about 262 workers died and many were injured. The reason for the large number of casualties had to do with inadequate safety measures at the factory premises which had led to the spread of fire within minutes, resulting in one of the most catastrophic tragedies in the textile industry worldwide. Ali Enterprises had been producing most of the products for the German retailer KiK headquartered at Bönen, Germany. This shows that the responsibility to maintain adequate health and safety standards at the factory fell upon KiK. However, KiK was found to have never conducted any thorough and authentic due diligence review of the working conditions and safety measures at Ali Enterprises or any of its supply chains in Pakistan. On the other hand, the Italian social auditors of the factory RINA produced fake safety compliance certificates just a few weeks before the fire had taken place. Survivors of this inferno and relatives of the deceased are still demanding justice for the loss of their families’ incomes. While the court in Germany has dismissed the legal action against KiK for being time-barred, the suit against RINA till date has also not achieved any positive legal outcome. The tragedy of Ali Enterprises is just one example where a transnational corporation has been involved in the violation of human rights through its negligence. The collapse of Rana Plaza Building complex…

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