2. Lecture Overview
• Labour Legislations
• Contract Appointment
• Working Hours and Conditions
• Leaves and Holidays
• Children Employment
• Labour Disputes
• Equal Employment Practices in Pakistan
3. LABOUR LAW
Mediates the relationship between workers (employees),
employers, trade unions and the government. Collective labour
law relates to the tripartite relationship between employee,
employer and union. Individual labour law concerns employees'
rights at work and through the contract for work. Employment
standards are social norms (in some cases also
technical standards) for the minimum socially acceptable
conditions under which employees or contractors are allowed to
work
4. HISTORY
Labour law arose in parallel with the Industrial
Revolution as the relationship between worker and
employer changed from small-scale production studios to
large-scale factories. As England was the first country to
industrialize, it was also the first to face consequences of
capitalistic exploitation in a totally unregulated economic
framework.
5. INTERNATIONAL LABOUR LAW
The labour movement has long been concerned that
economic globalization would weaken worker bargaining power, as their
employers could hire workers abroad to avoid domestic labour standards.
Karl Marx said:
“The extension of the principle of free trade, which induces between nations
such a competition that the interest of the workman is liable to be lost sight
of and sacrificed in the fierce international race between capitalists,
demands that such organizations [unions] should be still further extended
and made international”.
6. INTERNATIONAL LABOUR ORGANIZATION (ILO)
Following World War 1, ILO Founded on the Principle of
“Labour is Not a Commodity” For the reason that “Peace can
be established only if it is based upon social justice”
WORLD TRADE ORGANIZATION (WTO)
Because ILO Enforcement mechanism are weak,
incorporating labour standards in the WTO operations has
been proposed.
7. WORK IN MULTIPLE COUNTRIES
For example: in a UK labour law case, Ravat v Halliburton Manufacturing and Services
Ltd Ravat was from the UK but was employed in Libya by a German company that was
part of Halliburton. He was dismissed by a supervisor based in Egypt. He was told he
would be hired under UK law terms and conditions, and this was arranged by a staffing
department in Aberdeen. Under the UK Employment Rights Act 1996 he would have a
right to claim unfair dismissal, but the Act left open the question of the statute's territorial
scope. The UK Supreme Court held that the principle would be that an expatriate worker,
would be subject to UK rules if the worker could show a "close connection" to the UK,
which was found in Rabat's case.
9. The Constitution of Pakistan
Part II: Fundamental Rights and Principles of Policy.
• Article 11 of the Constitution prohibits all forms of slavery, forced labour and
child labour;
• 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 sex 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.
11. WORKING HOURS
PAID LEAVE
MATERNITY LEAVE AND MATERNITY PROTECTION
OTHER LEAVE ENTITLEMENTS
MINIMUM AGE AND PROTECTION OF YOUNG
WORKERS
EQUALITY
PAY ISSUES
WORKER’S REPRESENTATION IN ENTERPRISE
12. TRADE UNION ANF EMPLOYERS ASSOCIATION
REGULATION
FREEDOM OFASSOCIATION
REGISTRATION OF TRADE UNIONS
COLLECTIVE BARGAINING AND AGREEMENTS
