Strategy for Human Resource Management Lecture 30. HRM 765. Topic . Understanding Labor Relations In Pakistan. Last Lecture . Monitoring Grievance procedures Grievance (rights) arbitration Conciliation and mediation Strikes versus lockouts
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Understanding Labor Relations In Pakistan
Union membership: Where have the members gone?
Sunshine laws in some states mandate that labor-management negotiations be open to the public.
Contract of Employment
Article 18 of the Constitution gives citizens the right to enter upon any lawful profession, and to conduct any lawful trade or business; the Industrial and Commercial Employment (Standing Orders) Ordinance was enacted in 1968 to address employer and employee relationship and the contract of employment.
Termination of Contract
Terminations of service in any form must be proved in writing where reasons for such an act are stated. If a worker is aggrieved by an order of termination s/he may proceed under Section 46 of the Industrial Relations Ordinance 2002, aimed at regulating the labour-management relations in the country, and bring his or her grievance to the attention of his or her employer, in writing, either him or herself, through the shop steward or through his or her trade union within three months of the occurrence of the cause of action.
Under the Factories Act, 1934 no adult can be required or permitted to work in any establishment in excess of nine hours a day and 48 hours a week.
Section 8 of the West Pakistan Shops and Establishments Ordinance, 1969 likewise, restricts weekly work hours at 48 hours. Section 22-B of the Mines Act, 1923 also fixes weekly hours at 48 hours or 8 hours each day, with the limitation of spread-over 12 hours and interval for rest after every six hours for one hour.
In Ramadan special reduced working hours are observed in manufacturing, commercial and service organizations.
As per Factories Act, 1934, every worker who has worked for a continuous period of twelve months in a factory in the subsequent period of twelve months is entitled for holidays for a period of fourteen consecutive days.
Other than the 14 days of annual leave with pay, the Factories Act, 1934 states that every worker is entitled to a 10 days casual leave with full pay and further 16 days sick or medical leave on half pay.
With an understanding with the Collective Bargaining Agent, employees who desire to go on pilgrimage i.e., Hajj, Umra, are granted special leave up to 60 days.
Article 37 of the Constitution makes reference to maternity benefits for women in employment.
The Maternity Benefit Ordinance, 1958 states that upon the completion of four months employment or qualifying period, a worker is entitled to six weeks paid leave.
Mines Maternity Benefit Act, 1941 is applicable to female employed in the mines in Pakistan.
Article 38 of the Constitution highlights equality in the form of securing the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, and also ensuring equitable adjustment of rights between employers and employees, and landlords and tenants.
Before entering a contract the parties must know;
AGREEMENT / EMPLOYMENT CONTRACT
INGREDIENTS OF A CONTRACT
Termination of Contract
Services of a permanent worker cannot be terminated for any reason other than misconduct unless 1 month’s notice has been furnished.
1 month’s wages are calculated on the basis of the average wage earned during the last 3 months of service.
Other categories of workers are not entitled to notice or pay in lieu of notice.
To safeguard against any unfair labour practices the Labour Courts have been given powers to examine and intervene to find out whether there has been a violation of the principles of natural justice