CAFC Chronicles: Costly Tales of Claim Construction Fails
Law of labor
1. LAW OF LABOR
LAW
Law is a term which does not have a universally accepted definition, but one definition is
that “Law is a system of rules and guidelines which are enforced through social
institutions to govern behavior”
Law of Pakistan
The Law of Pakistan is the law and legal system existing in the Islamic Republic of
Pakistan. Pakistani law is based upon the legal system of British India; thus ultimately
on the common law of England and Wales. Pakistan as an Islamic republic also has
been influenced by Islamic Sharia law.
Business Law
Broadly speaking, business law refers to the laws that apply to business
entities, such as partnerships and corporations etc
2. LAW OF LABOR
Unethical Practices in Work Environment:
Even though labor law stipulates that anti-employee
practices are illegal, big companies such as Wal-Mart
are not free of them. In a lawsuit filed in 2001 by
Taylor Vogue and Sally Mussmann, some of the Wal-
Mart's illegal and unethical practices were uncovered.
Employees complained about the fact that the
managers gave those tasks impossible to carry out,
prevented them from taking well-deserved breaks and
failed to record overtime hours that the staff worked.
3. LAW OF LABOR
Definition:
“Laws that define the rights of employees in the and protect them from
employer retaliation for exercising those legal rights or reporting
violations to the proper authorities.”
LAW OF LABOR IN PAKISTAN
The Constitution of Pakistan contains of provisions with regards to
labor rights:
Article 11 of the Constitution prohibits all forms of slavery, forced
labor and child labor;
4. LAW OF LABOR IN PAKISTAN
Article 17 provides for a fundamental right to exercise the freedom of
association and the right to form unions;
Article 18 proscribes the right of its citizens to enter upon any lawful
profession or occupation and to conduct any lawful trade or business;
Article 25 lays down the right to equality before the law and prohibition of
discrimination on the grounds of Gender alone;
Article 37(e) makes 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, and for maternity benefits for women in
employment.
5. LAW OF LABOR IN PAKISTAN
Contract of Employment:
While Article 18 of the Constitution affords every citizen with
the right to enter upon any lawful profession or occupation, and
to conduct any lawful trade or business, the Industrial and
Commercial Employment Ordinance was enacted in 1968 to
address the relationship between employer and employee and
the contract of employment.
Termination of the Contract:
The services of a permanent worker cannot be terminated for
any reason other than misconduct unless one month’s notice or
wages in lieu thereof has been furnished by the employer or by
the worker if he or she so chooses to leave his or her service.
All terminations of service in any form must be documented in
writing stating the reasons for such an act.
6. LAW OF LABOR IN PAKISTAN
Working hours
Section 8 of the West Pakistan Shops and Establishments Ordinance,
1969 likewise, restricts weekly work hours at 48 hours. Similarly, no
young person, under the age Of 18, can be required or permitted to
work in excess of seven hours a day and 42 hours a week. Where the
factory is a seasonal one, an adult worker shall work no more than
fifty hours in any week and no more than ten hours in any day.
Paid Leave:
As provided in the Factories Act, 1934, every worker who has
completed a period of twelve months continuous service in a
factory shall be allowed, during the subsequent period of twelve
months, holidays for a period of fourteen consecutive days
7. LAW OF LABOR IN PAKISTAN
Minimum Age and Protection of Young Workers
Article 11(3) of Pakistan’s Constitution expressly prohibits the
employment of children below the age of fourteen years in any
factory, mine or other hazardous employment.
The Factories Act, 1934 allows for the employment of children
between the ages of 14 and 18 years provided that each adolescent
obtains a certificate of fitness from a certifying surgeon.
Pay Issues:
Wages are construed as the total remuneration payable to an employed
person on the fulfillment of his or her contract of employment. It
includes bonuses and any sum payable for want of a proper notice of
discharge.
8. Child Labor
The International Labor Organization (ILO)
defines child Labor as:
1- When a child is working during early age
2- He overworks or gives over time to Labor
3- He works due to the psychologically,
socially, and materialistic pressure
4- He becomes ready to Labor on a very low
pay
9. How The ChildrenAreAffected
“Every year 22,000 children die from accidents related to their
work”-Issues Library
Don’t Understand
( Believe it is a normal
part of growing up)
Uneducated
Mental affects
Physical Affects
10. The Different Types of Child
Labor
Agriculture
CarpetWeaving
Soccer Balls
AutomobileWorkshops
Mining
Stone/ marble cutting
Mixing Pesticides
Deep fishing
Glass factory
Hotel work/Textile factoryWork
Street work
And much more
11. What’sBeingDone to Stop Child Labor
Pakistan’sEfforts
FactoriesAct, 1934;West
Pakistan Shops and
EstablishmentOrdinance;The
Employee ChildrenAct, 1991;
The Bonded Labor System
AbolitionAct, 1992; and the
Punjab Compulsory Education
Act 1994
In September 1988, the "peshgi"
(bonded) system was abolished
The government gave free
books to primary schools so
parents with limited budgets are
now able to send their children
to schools
12. CONCLUSION
Poor Pakistan Families really have no other
options
Most of the country will be uneducated and
illiterate
Child labor has become a part of the economy
They really need to enforce their laws
With the current leaders and system none of the
necessary changes will ever be made