Line of diverse candidates

Navigating the complex landscape of employment law can be challenging for both employers and employees in Pakistan. At Josh and Mak International, we offer specialized legal advice and services to address a wide range of employment matters. With our expertise in employment law, we provide comprehensive guidance and representation tailored to your specific needs.

Our Areas of Expertise:

  1. Employment Contracts and Agreements: We assist employers in drafting and formulating comprehensive employment contracts and agreements that protect their interests while ensuring compliance with relevant laws and regulations. We also provide guidance to employees reviewing employment contracts to ensure their rights are safeguarded.
  2. Compensation and Benefits: Our team offers legal advice on compensation structures, benefits, bonuses, and other financial aspects of employment. We help employers design fair and competitive compensation packages, while ensuring compliance with applicable laws and regulations. For employees, we provide guidance on understanding their entitlements and pursuing their rights to fair compensation.
  3. Termination and Dismissal: We provide expert advice on termination and dismissal matters, including legal requirements, due process, and potential liabilities. Whether you are an employer dealing with employee terminations or an employee facing wrongful termination, we offer legal representation to protect your rights and interests.
  4. Discrimination and Harassment: Our team is well-versed in the laws surrounding discrimination and harassment in the workplace. We provide guidance on matters of sex discrimination, religious discrimination, harassment, and hostile work environments. We assist both employers and employees in navigating these sensitive issues and take appropriate legal action if necessary.
  5. HR Policies and Procedures: From an in-house perspective, we help organizations draft and formulate effective HR policies and procedures. This includes policies on hiring, leaves, maternity, medical benefits, pensions, lay-off schemes, severance, and separation policies. Our goal is to ensure that your organization has clear and legally compliant policies in place to address employment-related matters.
  6. Litigation and Dispute Resolution: In the event of employment-related disputes, our team provides skilled representation in administrative proceedings and litigation. We guide our clients through the legal process, offering strategic advice and pursuing favorable outcomes.

Why Choose Josh and Mak International?

  • Our team of experienced employment law attorneys has a deep understanding of the legal landscape in Pakistan. We stay updated on the latest laws, regulations, and judicial precedents to provide the most accurate and effective advice.
  • We recognize that each employment matter is unique. We take the time to understand your specific circumstances and objectives, providing personalized solutions that meet your needs.
  •  At Josh and Mak International, we prioritize the needs and goals of our clients. We actively listen to your concerns, provide clear explanations of legal options, and keep you informed throughout the process.
  • Our proactive approach allows us to identify potential legal issues and mitigate risks before they escalate. We work closely with our clients to develop preventive strategies and foster positive employer-employee relationships.

If you need expert legal advice and representation in employment law matters, Josh and Mak International is here to assist you. Our dedicated team is ready to provide comprehensive solutions tailored to your specific needs. Contact us today to schedule a consultation and take the first step towards resolving your employment law concerns.

 

This article is for basic guidance of our clients only.For more information, please email us at aemen@joshandmak.com

Many people have been curious about the nature of employment within the Islamic Republic of Pakistan. Thus, learning a thing or two about the basic law on employment will shed some light into this issue. Since the amendment of its Constitution, the country has been given a federal democratic state on the basis of the Islamic principles regarding to social justice.

Constitutional Rights of Employees

Pakistan’s Constitution has a lot of provisions in relation to the labor rights as stipulated in its Fundamental Rights and Principles of Policy. Here are some of the notable rights given to its employees on the basis of the Constitution.

  • Article 11 – does not allow any forms of child labor, forced labor, and slavery as stated in this article.
  • Article 17 – provision for fundamental right to form unions and to exercise freedom of association is also describe in this part.
  • Article 18 – focuses on the right of citizens to engage in lawful professions or occupations, as well as conduct any lawful business and trade.
  • Article 25 – reserves the right to equality and prohibits discrimination particularly on the basis of sex only.
  • Article 37(e) – provides the security for the just and humane working conditions. It is also focused on ensuring women and children.labor law, isolated red stamp on a solid white background

Legislation for Employment

The labor laws of Pakistan have been inherited during the Indo-Pak subcontinent partition from India. Since its implementation, the laws evolved by way of continuous process in its aim to meet socioeconomic conditions, industrial development, labor force and population explosion, trade union growth, and literacy levels. This has been done through the commitment of the government to social welfare and development.

Additionally, the Provincial and federal Governments claim responsibility for labor which is referred to as “concurrent subject.” Nevertheless, the Federal Government enacts the laws for uniformity’s sake. It stipulates though that Provincial Governments can make rules and/or regulations in accordance with the prevailing conditions for provincial requirements.

Employment Contract Signing

An ordinance was enacted in 1968 regarding the relationship between employee and employer as well as employment contract. This ordinance was named Industrial and Commercial Employment which applies to all commercial and industrial establishments around the country. This stipulates the employment of twenty or more employees including the provision of employment security.

Those workers that are hired through labor contracts or through contractors will be generally regarded with unwritten contracts. They can also be enforced through courts based on the past practice or oral evidence.

More so, the moment a worker is hired, an appointment letter is required from the employer be it from commercial or industrial establishment. Obligatory content of labor contracts are stipulated in the employment’s terms and conditions. Such will include the tenure and nature of appointment, admissible fringe benefits and pay allowances, and the appointment’s terms and conditions.

Employee Contract Termination

Unless given one month notice or due to misconduct, the permanent worker can’t be terminated just for any reason. Otherwise, if the worker chooses to leave his or her post, the employer must furnish the wages equivalent to one month.

Protection of Gig Workers as Consumers on Pakistani Online Platforms

The gig economy has witnessed substantial growth in Pakistan, offering employment opportunities to numerous individuals through various online platforms. However, the protection of gig workers as consumers remains a pertinent issue. This article explores the current state of consumer protection for gig workers in Pakistan and the potential avenues for enhancing these protections.

Current Consumer Protection Framework

Gig workers, often functioning as freelancers or independent contractors, engage with online platforms to offer services ranging from ride-sharing to freelance writing and graphic design. The primary legal framework governing consumer protection in Pakistan includes the Islamabad Consumer Protection Act, 1995 (ICPA), the Khyber Pakhtunkhwa Consumer Protection Act, 1997 (KPCPA), the Balochistan Consumer Protection Act, 2003 (BCPA), the Punjab Consumer Protection Act, 2005 (PCPA), and the Sindh Consumer Protection Act, 2015 (SCPA) .

Applicability to Gig Workers

The applicability of these consumer protection laws to gig workers hinges on their classification as “consumers.” According to these statutes, a consumer is generally defined as any person who purchases goods or services for consideration and includes those who use such goods or services with the approval of the person who acquires them. Therefore, gig workers who utilize online platforms for services can be considered consumers under this definition .

Rights and Protections

Gig workers, as consumers, are entitled to several protections under Pakistani consumer laws, including:

  1. Right to Information: Platforms must provide clear and comprehensive information about the services offered, terms of service, and any fees involved.
  2. Protection against Unfair Trade Practices: Gig workers are protected from deceptive practices by online platforms, such as misleading advertising or hidden charges.
  3. Right to Redress: In cases of disputes, gig workers can seek redress through consumer courts established under the respective provincial laws.

Enhancing Consumer Protections

To bolster the protection of gig workers as consumers, the following measures can be considered:

  1. Regulatory Oversight: Establishing a regulatory body specifically for the gig economy can ensure platforms comply with consumer protection standards and fair trade practices.
  2. Clear Contracts: Mandating platforms to provide clear, written contracts outlining the terms of service, payment schedules, and dispute resolution mechanisms can safeguard gig workers’ rights.
  3. Access to Social Security: Integrating gig workers into the social security framework, such as the Employee Social Security Institutions (ESSIs) and the Employee Old Age Benefits Institution (EOBI), can provide a safety net for healthcare, pensions, and other benefits .
  4. Awareness Campaigns: Educating gig workers about their rights as consumers and the mechanisms available for redress can empower them to assert their rights more effectively.

While Pakistan’s existing consumer protection laws provide a foundation for safeguarding gig workers, there is a need for specific regulatory measures tailored to the unique challenges faced by this segment of the workforce. By enhancing the legal framework and ensuring its rigorous implementation, Pakistan can better protect gig workers as consumers, fostering a more equitable and sustainable gig economy.

Leveraging Pakistan’s Labour Laws to Protect Gig Workers

The rapid rise of the gig economy in Pakistan has necessitated a re-examination of existing labour laws to ensure adequate protection for gig workers, who often face precarious working conditions without the traditional safeguards afforded to regular employees. This article details how Pakistan’s labour laws can be utilised to protect gig workers, providing a comprehensive analysis based on the legislative framework.

Key Labour Laws Applicable to Gig Workers

  1. Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 The Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, is foundational in regulating employment terms and conditions. This ordinance mandates clear employment contracts, ensuring gig workers have written terms that outline their rights and duties. It provides for minimum wage, rest periods, and protection against unlawful deductions from wages, which are critical for gig workers who often experience irregular income streams .
  2. Industrial Relations Act, 2012 The Industrial Relations Act, 2012, facilitates the formation of trade unions and collective bargaining. Gig workers, often classified as independent contractors, can benefit from unionisation to collectively negotiate better terms of service and working conditions. This Act enables workers to voice their grievances and seek redress through collective action .
  3. Factories Act, 1934, and Shops and Establishments Ordinance, 1969 These statutes ensure safety, health, and welfare of workers. Although traditionally applied to industrial settings, their principles can extend to gig workers, ensuring they have safe working conditions and access to necessary welfare facilities. The Shops and Establishments Ordinance specifically covers employment in commercial establishments, which can include digital platforms .
  4. Payment of Wages Act, 1936 The Payment of Wages Act, 1936, ensures timely payment of wages without unauthorized deductions. Gig workers, who often face delayed payments from platforms, can leverage this Act to secure regular and timely compensation for their services .
  5. The Constitution of Pakistan Article 11 and Article 37(e) of the Constitution of Pakistan emphasize the prohibition of forced labour and the provision of humane working conditions. These constitutional provisions can be invoked to argue for the basic rights of gig workers, ensuring they are not exploited and are provided with safe and dignified working conditions .
  6. Employee Social Security Institutions (ESSIs) and Employee Old Age Benefits Institution (EOBI) Integrating gig workers into the social security and pension schemes under ESSIs and EOBI can provide a safety net for healthcare, sickness, disability, and old-age benefits. This inclusion would require legislative amendments to redefine eligible employees to encompass gig workers, thus extending these critical benefits to a broader workforce .

Challenges and Recommendations

Classification and Recognition One of the primary challenges is the classification of gig workers as independent contractors rather than employees, which excludes them from many protections under current labour laws. Legislative reforms should redefine “employee” to include gig workers, ensuring they receive the same protections as traditional employees.

Awareness and Enforcement Gig workers often lack awareness of their rights under existing laws. Awareness campaigns and stronger enforcement mechanisms are essential to ensure these workers can effectively claim their rights. Establishing a regulatory body specifically for the gig economy could oversee compliance and address grievances.

Unionisation and Collective Bargaining Encouraging unionisation among gig workers can empower them to collectively negotiate better terms of service. Legal recognition of gig workers’ unions and extending collective bargaining rights can significantly improve their bargaining power and working conditions.

Pakistan’s existing labour laws provide a robust framework that can be extended to protect gig workers, ensuring they receive fair treatment, timely payment, and access to social security benefits. By redefining employee classifications, enhancing awareness, and enforcing these laws, Pakistan can foster a more equitable and sustainable gig economy.

So is there a regulatory vaccum in Pakistan when regulating gig or platform workers?

Yes, there is a regulatory vacuum in Pakistan when it comes to regulating gig or platform workers. The existing legal framework in Pakistan primarily caters to traditional employment relationships, leaving gig workers in a precarious position without adequate legal protections. This regulatory gap has several dimensions:

Lack of Specific Legislation

Pakistan’s labour laws, including the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and the Industrial Relations Act, 2012, are designed for conventional employment settings. They do not explicitly cover gig workers who operate as independent contractors rather than employees. As a result, gig workers do not benefit from the same protections regarding job security, minimum wage, health and safety standards, and social security benefits .

Classification Issues

Gig workers are typically classified as independent contractors, which excludes them from the benefits and protections provided to employees under existing labour laws. This classification means they lack access to benefits such as paid leave, health insurance, and retirement benefits offered through the Employee Social Security Institutions (ESSIs) and the Employee Old Age Benefits Institution (EOBI) .

Enforcement Challenges

Even where gig workers could theoretically be covered by existing laws, enforcement is a significant challenge. The fragmented and often informal nature of gig work makes it difficult for regulatory bodies to monitor and enforce compliance with labour standards. This enforcement gap leaves gig workers vulnerable to exploitation and abuse by platform operators .

Absence of Unionisation and Collective Bargaining

The Industrial Relations Act, 2012, which allows for unionisation and collective bargaining, does not adequately address the unique needs of gig workers. The lack of formal recognition and support for gig worker unions means these workers struggle to organise and advocate for their rights effectively .

Recommendations for Addressing the Regulatory Vacuum

  1. Legislative Reforms: Introduce specific legislation that recognises gig workers as a distinct category of workers entitled to basic labour protections, including minimum wage, health and safety standards, and social security benefits.
  2. Redefinition of Employment: Amend existing labour laws to broaden the definition of “employee” to include gig workers, ensuring they are covered by protections such as the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and the Payment of Wages Act, 1936.
  3. Regulatory Body: Establish a dedicated regulatory body to oversee the gig economy, ensuring platforms comply with labour standards and provide a mechanism for gig workers to report abuses and seek redress.
  4. Unionisation Support: Facilitate the formation of gig worker unions and extend collective bargaining rights to these workers, enabling them to negotiate better terms of service and working conditions.
  5. Awareness and Education: Implement awareness campaigns to educate gig workers about their rights and the protections available under existing laws, empowering them to assert their rights more effectively.

The current legal and regulatory framework in Pakistan falls short of adequately protecting gig workers, resulting in a regulatory vacuum. Addressing this gap requires comprehensive legislative reforms, robust enforcement mechanisms, and support for gig worker unionisation. By taking these steps, Pakistan can create a more equitable and sustainable gig economy that protects the rights and welfare of all workers.

Legal advice

If you require legal advice on any aspect of Pakistani Employment Law, you need to hire a law firm which can advise you on a comprehensive range of services including:

  • Corporate consultancy
  • Legal advice and opinions
  • Drafting and negotiating various business agreements
  • Drafting service and employment contracts
  • Advice on corporate governance and its legal aspects
  • Advice on Legislative drafting
  • Legal and financial document vetting
  • And preparing due diligence reports.

Josh and Mak International can provide you with a successful partnership to guide your company through employment law and wider business regulation. Contact our office now at aemen@joshandmak.com

Updated Article Follows Below

Constitutional Rights of Employees in Pakistan

In the context of Pakistani labour law, the Constitution of the Islamic Republic of Pakistan stands as a robust legal framework that upholds the rights of workers and ensures their protection from exploitation and discrimination. The Constitution enshrines various provisions in its Fundamental Rights and Principles of Policy, aimed at safeguarding the interests and welfare of the labour force. Below is an in-depth analysis of the constitutional rights afforded to employees in Pakistan.

Article 11: Prohibition of Slavery, Forced Labour, and Child Labour Article 11 of the Constitution unequivocally prohibits all forms of slavery, forced labour, and child labour. This provision is a cornerstone in the fight against exploitative practices and underscores the state’s commitment to ensuring that no individual is subjected to such inhumane conditions. This article is particularly significant in a country where child labour has historically been a critical issue .

Article 17: Freedom of Association and Right to Form Unions Article 17 grants the fundamental right to freedom of association and the right to form unions. This provision is crucial for protecting the rights of workers to organize, collectively bargain, and advocate for their interests. It ensures that employees can unite to form trade unions, thereby strengthening their bargaining power and enabling them to negotiate better terms of employment .

Article 18: Right to Employment and Trade Article 18 ensures that every citizen has the right to enter upon any lawful profession or occupation and to conduct any lawful trade or business. This guarantees that individuals have the freedom to pursue their chosen careers without facing unjust barriers, thereby fostering a free and dynamic labour market .

Article 25: Equality Before the Law and Non-Discrimination Article 25 enshrines the right to equality before the law and prohibits discrimination on the basis of sex. This principle is vital for ensuring that all workers, regardless of gender, are treated equitably and have equal access to opportunities. This provision plays a significant role in promoting gender equality in the workplace .

Article 37(e): Humane and Just Conditions of Work Article 37(e) mandates the provision of just and humane conditions of work, with a particular focus on safeguarding the rights of women and children. It emphasizes the importance of ensuring that working conditions are safe, and it prohibits the employment of children and women in occupations unsuitable to their age or gender. Additionally, it underscores the need for maternity benefits for women in employment .

Article 38: Social and Economic Well-Being of the People Article 38 encompasses several clauses aimed at promoting the social and economic well-being of the people. It includes provisions for social security (Article 38(c)), adequate livelihood (Article 38(b)), and the provision of basic necessities of life (Article 38(d)), such as food, clothing, housing, education, and medical relief. These clauses collectively ensure that the state is responsible for creating a conducive environment for the welfare and prosperity of its workforce .

International Commitments and Compliance Pakistan is committed to upholding international labour standards through various international declarations and conventions, such as the UN Human Rights Declarations and the International Labour Organization (ILO) Conventions. By adhering to these international commitments, Pakistan reinforces its dedication to promoting decent work and sustainable economic growth. The country has ratified numerous ILO Conventions, including the core labour standards, which cover critical areas such as forced labour, freedom of association, and the elimination of child labour.

Q&A: Employment Laws in Pakistan

Q1: What strategic advantages does Pakistan offer for international businesses? A1: Pakistan enjoys a strategic advantage in Asia as a premier trade, energy, and transport marketplace. Coupled with its liberalisation and privatisation policies, Pakistan has enabled a conducive business environment to attract foreign investments. International companies can utilise a low-income yet skilled workforce.

Q2: How does Pakistan’s labour law align with international standards? A2: Pakistan’s labour law enforces 30 International Labour Organization (ILO) conventions, ensuring employer obligations to extend basic employee rights, such as minimum legal wages, annual vacation leave, maternity leave, and regulated working hours, especially during Ramadan.

Q3: What are the minimum legal wage and leave entitlements in Pakistan? A3: As of July 1, 2022, the minimum legal wage in Pakistan is approximately $114 per month. Employees are entitled to up to 14 calendar days of annual vacation leave. Maternity leave varies between 80 days for the first child, 120 days for the second, and 90 days for the third child 

Q4: What are the working hour regulations in Pakistan? A4: According to Pakistan’s labour laws, working hours are capped at 48 hours a week, with daily working hours up to nine hours, including breaks. During Ramadan, working hours are reduced to six hours a day 

Q5: How are employment contracts regulated in Pakistan? A5: Pakistan’s labour law prescribes six categories of employment contracts: Permanent, Probationers, Badlis (Alternate), Temporary, Apprentices, and Contract workers. Employment contracts must detail job roles, working hours, leave schemes, termination clauses, salary details, and confidentiality agreements .

Q6: What are the key employment laws governing labour in Pakistan? A6: Key employment laws in Pakistan include:

Employee’s Old Age Benefits Act, 1976

Provincial Employees Social Security Ordinance, 1965

Industrial And Commercial Employment Ordinance, 1968

Punjab Shops And Establishments Ordinance, 1969

Workers Children (Education) Ordinance, 1972

Minimum Wages Ordinance, 1961

Payment Of Wages Act, 1936

Companies Profits (Workers Participation) Act, 1968

The Factories Act of 1934

Workmen’s Compensation Act, 1923

West Pakistan Maternity Benefit Ordinance, 1962

Apprenticeship Ordinance, 1962

Disabled Persons (Employment And Rehabilitation) Ordinance, 1981

Workers’ Welfare Fund Ordinance, 1971

Punjab Industrial Relations Act, 2010

Industrial Relations Act, 2012     

Q7: What are the dismissal and termination rules in Pakistan? A7: Employers must provide written termination orders and give at least one month’s notice before dismissing a permanent employee. Employers can terminate employment during the probationary period without advance notice but must issue a written order stating the reason for termination. Disputes for blue-collar employees are settled in labour courts and for white-collar employees in civil courts 

Q8: How are employee data protection and privacy handled in Pakistan? A8: As of 16 February 2022, the federal government has approved the draft Personal Data Protection Bill, 2022, which aims to enhance data protection and employee privacy. Employers must seek written consent from employees when accessing or processing their data and should adopt robust cybersecurity measures.

Q9: What are the penalties for violating labour laws in Pakistan? A9: While Pakistan’s labour law imposes no statutory penalties, administrative and labour courts decide the penalty amounts for violations brought to their notice. Violations may include failure to meet health and occupational safety requirements, violating employee holiday entitlements, and unfair dismissal .

More Q & A on Labour Laws in Pakistan

Q1: Why is it important for new businesses to understand Pakistan’s labour laws? A1: Understanding Pakistan’s labour laws is crucial for new businesses to ensure compliance with the legal framework, employment practices, and local regulations. This knowledge helps establish a productive and agreeable work environment, fulfilling health, safety, and environmental (HSE) and corporate social responsibility (CSR) requirements, thereby fostering smooth and positive relationships with employees.

Q2: How does Pakistan’s labour law align with international standards? A2: Pakistan’s labour law aligns with over 30 international conventions enforced by the International Labour Organization (ILO). These conventions ensure employer obligations to extend basic employee rights such as minimum wages, annual vacation leave, maternity leave, and regulated working hours, particularly during Ramadan.

Q3: What is the minimum legal wage in Pakistan as proposed in the June 2023 Budget? A3: The minimum legal wage in Pakistan, as proposed in the June 2023 Budget, is approximately PKR 35,000.

Q4: What are the key leave entitlements for employees in Pakistan? A4: Key leave entitlements for employees in Pakistan include:

A minimum of 14 calendar days of annual vacation leave.

Maternity leave ranging between 90 to 180 days.

Paternity leave of up to 30 days, granted no more than three times during service.

Q5: What are the working hour regulations in Pakistan? A5: Working hours in Pakistan are capped at 48 hours a week, with daily working hours up to nine hours including breaks. During Ramadan, working hours are reduced to six hours a day.

Q6: Which laws govern employment terms and conditions in Pakistan? A6: Key laws governing employment terms and conditions in Pakistan include:

Employee’s Old Age Benefits Act, 1976

Provincial Employees Social Security Ordinance, 1965

The Industrial and Commercial Employment Ordinance, 1968

Punjab Shops and Establishments Ordinance, 1969

Minimum Wages Ordinance, 1961

Payment of Wages Act, 1936

The Factories Act of 1934, among others.

Q7: What types of employment contracts are recognised in Pakistan? A7: Pakistan recognises the following types of employment contracts:

Permanent

Probationers

Substitutes (Alternate)

Temporary

Apprentices

Contract workers

Q8: What information must be specified in an employment contract in Pakistan? A8: An employment contract in Pakistan must specify:

Job roles and responsibilities

Working hours, probationary period, leave schemes, and other benefits

Termination/dismissal clause or transferability of services

Salary details, payment schedule, and other relevant financial details

Confidentiality agreement between employer and employee

Q9: How are payroll and tax obligations handled in Pakistan? A9: Employers in Pakistan must:

Obtain a national tax number

Register with the Employees Old-Age Benefits Institution (EOBI)

Open a local bank account

Withhold income tax from employees’ salaries monthly and file an annual tax return by September 30

The income tax is progressive, with the highest rate being 35%. There is no income tax on the first PKR 600,000.

Q10: What are the social security contribution requirements in Pakistan? A10: Employers must contribute 5% and deduct 1% of the employee’s gross salary towards the Employees’ Old-Age Benefits Institution (EOBI). Additional contributions towards specific provincial social security funds may also be required, such as:

Sindh Employees Social Security Institution (SESSI)

Punjab Employees Social Security Institution (PESSI)

Khyber Pakhtunkhwa Employees Social Security Institution (KPESSI)

Balochistan Employees Social Security Institution (BESSI)

Q11: What are the mandatory benefits employers must provide in Pakistan? A11: Mandatory benefits include:

Gratuity: A lump sum payment calculated as (Gross salary in the last year of employment/26) x 30 x number of years worked.

Provident Fund: Provides retirement benefits and can be a substitute for gratuity if the employer matches the employee’s contribution.

Q12: What are the rules for issuing payslips in Pakistan? A12: Employers must provide payslips at the end of every pay cycle, detailing net salary, withheld taxes, bonuses, deductions, and the employer’s national tax number. Salary payments must be made via bank transfer.

Q13: What are the regulations on employee termination in Pakistan? A13: Employers must provide a written termination order with a specific reason and at least one month’s notice before dismissing a permanent employee. During the three-month probationary period, employers can terminate the contract without notice but must issue a written order.

Q14: What are the data protection and employee privacy regulations in Pakistan? A14: While specific data protection laws are still evolving, the draft Personal Data Protection Bill, 2022, aims to enhance data protection. Employers must seek written consent from employees when accessing or processing their data and adopt robust cybersecurity measures.

Q15: What are the penalties for violating labour laws in Pakistan? A15: Penalties for violating labour laws are determined by administrative and labour courts. Violations can include failure to meet health and occupational safety requirements, violating employee holiday entitlements, and unfair dismissal.

Comprehensive List of Labour Laws in Pakistan

Federal Labour Laws

1

Industrial Relation Act, 2012

Federal

2

NIRC (Procedure and Functions) Regulations 2016

Federal

3

Pakistan Penal Code 1860 Amended in 2017

Federal

4

Prevention of Smuggling of Migrants Act, 2018

Federal

5

Prevention of Smuggling of Migrants Rules, 2020

Federal

6

Prevention of Trafficking in Person Act, 2018

Federal

7

Protection against Harasment of women at the Workplace Act, 2010

Federal

8

Publication of laws of Pakistan Act, 2016

Federal

9

Employees’ Old-Age Benefits Act, 1976

Federal

10

Fee Sharing Employment Agencies Act, 1976

Federal

11

Newspaper Employees Condition of Service Act, 1973

Federal

12

Provident Fund Act, 1925

Federal

13

Road Transport Workers Ordinance, 1961

Federal

14

Mines Act, 1923

Federal

ICT Labour Laws

15

Children (Pledging of Labour) Act, 1933

ICT Labour Laws

16

Islamabad Capital Territory Child Protection Act, 2018

ICT Labour Laws

17

Islamabad Capital Territory Child Protection Amendment Act, 2022

ICT Labour Laws

18

Islamabad Capital Territory Domestic Workers Act, 2022

ICT Labour Laws

Punjab Labour Laws

19

Bonded Labour System (Abolition) Act, 1992

Punjab

20

Children (Pledging of Labour) Act, 1933

Punjab

21

Employer Liability Act, 1938

Punjab

22

Essential Personnel (Registration) Ordinance, 1948

Punjab

23

Excise Duty on Minerals Labour Welfare Act, 1967

Punjab

24

Factories Canteen Rules, 1959

Punjab

25

Industrial Statistics Act, 1942

Punjab

26

Mines Maternity Benefit Act, 1941

Punjab

27

Protection against Harassment of Women at the workplace Act, 2010

Punjab

28

Punjab Apprenticeship Act, 2021

Punjab

29

Punjab Boilers and Pressure Vessels Ordinance, 2002

Punjab

30

Punjab Coal Mines Fixation of Rates of Wages Ordinance, 1960

Punjab

31

Punjab Companies Profits Workers Participation Act, 1968

Punjab

32

Punjab Control of Employment Ordinance, 1965

Punjab

33

Punjab Domestic Workers Act, 2019

Punjab

34

Punjab Employees’ Social Security Ordinance, 1965

Punjab

35

Punjab Employment Record of Service Act, 1951

Punjab

36

Punjab Empowerment of Person with Disabilities Act, 2022

Punjab

37

Punjab Essential Services (Maintenance) Act, 1958

Punjab

38

Punjab Factories Act, 1934

Punjab

39

Punjab Fair Price Shop Factories Ordinance, 1971

Punjab

40

Punjab Fair Representation of Women Act, 2014

Punjab

41

Punjab Industrail Relation Act, 2010

Punjab

42

Punjab Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Punjab

43

Punjab Maternity Benefit Ordinance, 1958

Punjab

44

Punjab Mines Act, 1923

Punjab

45

Punjab Mines Maternity Benefit Act, 1941

Punjab

46

Punjab Minimum Wages Act, 2019

Punjab

47

Punjab Motor Vehicles Drivers Ordinance, 1942

Punjab

48

Punjab Occupational Safety and Health Act, 2019

Punjab

49

Punjab Payment of Wages Act, 1936

Punjab

50

Punjab Prisons Act, 1894

Punjab

51

Punjab Prohibition of Child Labour at Brick Kilns Act, 2016

Punjab

52

Punjab Protection against Harassment of women at the Workplace Act, 2010

Punjab

53

Punjab Restriction on Employment of Children Act, 2016

Punjab

54

Punjab Road Transport Workers Ordinacne, 1961

Punjab

55

Punjab Shops and Establishments Ordinance, 1969

Punjab

56

Punjab Workers Children Education ordinance, 1972

Punjab

57

Punjab Workers Welfare Fund Act, 2019

Punjab

58

Workmen Compensation Act, 1923

Punjab

59

The Punjab Home-Based Workers Act 2023

Punjab

60

Payment of Wages Procedure Rules 1937

Punjab

61

Punjab Factories Rules 1978

Punjab

62

West Pakistan Payment of Wages Rules, 1960

Punjab

63

West Pakistan Shops and Establishments Rules, 1969

Punjab

64

The Punjab Minimum Wages Ordinance, 1961

Punjab

65

PESSI Benefits Regulations 1967

Punjab

66

PESSI Contributions Regulations 1967

Punjab

67

PESSI Contributions Rules 1966

Punjab

68

Punjab Worker Compensation Notification 2017

Punjab

Khyber Pakhtunkhwa Labour Laws

69

Khyber Pakhtunkhwa Apprenticeship Act 2022

Khyber Pakhtunkhwa

70

Khyber Pakhtunkhwa Bonded Labour System (Abolition) Act, 2015

Khyber Pakhtunkhwa

71

Khyber Pakhtunkhwa Employees Social Security Act, 2021

Khyber Pakhtunkhwa

72

Khyber Pakhtunkhwa Factories Act, 2013

Khyber Pakhtunkhwa

73

Khyber Pakhtunkhwa Free Compulsory Primary and Secondary Education Act, 2017

Khyber Pakhtunkhwa

74

Khyber Pakhtunkhwa Industrial and Commercial Employment (Standing Orders) Act, 2013

Khyber Pakhtunkhwa

75

Khyber Pakhtunkhwa Industrial Relations Act, 2010

Khyber Pakhtunkhwa

76

Khyber Pakhtunkhwa Maternity Benefit Act, 2013

Khyber Pakhtunkhwa

77

Khyber Pakhtunkhwa Mines and Mineral Act, 2017

Khyber Pakhtunkhwa

78

Khyber Pakhtunkhwa Mines Safety Inspection and Regulation Act, 2019

Khyber Pakhtunkhwa

79

Khyber Pakhtunkhwa Minimum Wages Act, 2013

Khyber Pakhtunkhwa

80

Khyber Pakhtunkhwa Occupational Safety and Health Act, 2022

Khyber Pakhtunkhwa

81

Khyber Pakhtunkhwa Payment of Wages Act, 2013

Khyber Pakhtunkhwa

82

Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015

Khyber Pakhtunkhwa

83

Khyber Pakhtunkhwa Shops & Establishments Act, 2015

Khyber Pakhtunkhwa

84

Khyber Pakhtunkhwa Standard Weights and Measures Enforcement Amendment in Act, 2012

Khyber Pakhtunkhwa

85

Khyber Pakhtunkhwa Workers Compensation Act, 2013

Khyber Pakhtunkhwa

86

Khyber Pakhtunkhwa Home-Based Workers Welfare And Protection Act 2021

Khyber Pakhtunkhwa

87

Khyber Pakhtunkhwa Factories (Amendment) Act, 2021

Khyber Pakhtunkhwa

88

Khyber Pakhtunkhwa Shops and Establishment Amendment Act, 2021

Khyber Pakhtunkhwa

89

Khyber Pakhtunkhwa Factories Amendment Act, 2021

Khyber Pakhtunkhwa

90

Khyber Pakhtunkhwa Shops and Establishment Amendment (Section 25 )Act, 2021

Khyber Pakhtunkhwa

91

Khyber Pakhtunkhwa Bonded Labour Rules 2021

Khyber Pakhtunkhwa

92

Khyber Pakhtunkhwa Factories Amendment Act 2. 2021

Khyber Pakhtunkhwa

93

Khyber Pakhtunkhwa Factories Amendment Act 2021

Khyber Pakhtunkhwa

94

Khyber Pakhtunkhwa Factories Rules 2023

Khyber Pakhtunkhwa

95

Khyber Pakhtunkhwa Homebased Workers Rules 2021

Khyber Pakhtunkhwa

96

Khyber Pakhtunkhwa Industrial Relation Rules 2021

Khyber Pakhtunkhwa

97

Khyber Pakhtunkhwa Industrial Statistics Rules 2022

Khyber Pakhtunkhwa

98

Khyber Pakhtunkhwa Maternity Benefit Amendment Act 2015

Khyber Pakhtunkhwa

99

Khyber Pakhtunkhwa Maternity Benefits Rules 2021

Khyber Pakhtunkhwa

100

Khyber Pakhtunkhwa Minimum Wages Rules 2022

Khyber Pakhtunkhwa

101

Khyber Pakhtunkhwa Payment of Wages Rules 2018

Khyber Pakhtunkhwa

102

Khyber Pakhtunkhwa Prohibition of Emplopyment of Children Rules 2021

Khyber Pakhtunkhwa

103

Khyber Pakhtunkhwa Shops & Establishment Rules 2021

Khyber Pakhtunkhwa

104

Khyber Pakhtunkhwa Shops and Establishment Amendment Act 2021

Khyber Pakhtunkhwa

Sindh Labour Laws

105

Sindh Workers Compensation Act, 2015

Sindh

106

Sindh Bonded Labour System (Abolition) Act, 2015

Sindh

107

Sindh Companies Profit Workers Participation Act, 2015

Sindh

108

Sindh Companies Profits Workers Participation Amendment Act, 2017

Sindh

109

Sindh Employees’ Social Security Act, 2016

Sindh

110

Sindh Employees’ Social Security Amendment Act, 2021

Sindh

111

Sindh Empowerment of Person with Disabilities Act, 2018

Sindh

112

Sindh Essential Services Maintenance Act, 1973

Sindh

113

Sindh Factories Act, 2015

Sindh

114

Sindh Factories (Amendment) Act, 2021

Sindh

115

Sindh Factories (Second Amendment) Act, 2021

Sindh

116

Sindh Home Based Workers Act 2018

Sindh

117

Sindh Industrial Relation Act 2013

Sindh

118

Sindh Maternity Benefits Act, 2018

Sindh

119

Sindh Metalliferous Mines act 2021

Sindh

120

Sindh Minimum Wages Act 2015

Sindh

121

Sindh Occupational Safety and Health Act 2017

Sindh

122

Sindh Occupational Safety and Health Rules 2019

Sindh

123

Sindh Payment of Wages Act 2015

Sindh

124

Sindh Prohibition of Employment of Children Act 2017

Sindh

125

Sindh Right of Children to Free and Compulsory Education Act, 2013

Sindh

126

Sindh Shops and Commercial Establishment Amendment Act 2021

Sindh

127

Sindh Shops and Commercial Estalishment Act 2015

Sindh

128

Sindh Employees Social Security Amendment Act 2018

Sindh

129

Sindh Terms of Employment Standing Orders Act 2015

Sindh

130

Sindh Workers Welfare Fund Act 2014

Sindh

131

Sindh Workers Welfware Fund Amendment Act 2018

Sindh

132

The Sindh Employees’ Old-Age Benefits Act, 2014

Sindh

133

The Sindh Employees’ Old-Age Benefits Amendment Act, 2016

Sindh

134

Workers Children Education Ordinance, 1972

Sindh

135

Sindh Bonded Labour System (Abolition) Rules, 2021

Sindh

136

Sindh Companies Profit (Workers Participation) Rules, 2021

Sindh

137

Sindh Factories Rules 2021

Sindh

138

Sindh Industrial Relations Act, 2021

Sindh

139

Sindh Minimum Wages Rules, 2021

Sindh

140

Sindh Payment of Wages (procedure) rules, 2020

Sindh

141

Sindh Payment of Wages Rules, 2021

Sindh

142

Sindh Workers Compensation Rules, 2020

Sindh

143

Sindh Apprenticeship Act 2023

Sindh

144

Sindh Factories Amendment Act 2023

Sindh

145

Sindh Reproductive Health Amendment Act 2022

Sindh

146

Sindh Reproductive Healthcare Rights Act 2019

Sindh

147

Sindh Workers Welfare Amendment Act 2023

Sindh

148

Sindh Women Agricultural Workers’ Act, 2019

Sindh

Balochistan Labour Laws

149

Balochistan Compulsory Education Act, 2014

Balochistan

150

Balochistan Employees Social Security Act, 2022

Balochistan

151

Balochistan Employment of Children Prohibition & Regulation Act, 2021

Balochistan

152

Balochistan Factories Act, 2021

Balochistan

153

Balochistan Factories Amendment Act, 2022

Balochistan

154

Balochistan Focrced and Bonded Labour System Abolition Act, 2021

Balochistan

155

Balochistan Home based Workers Act, 2022

Balochistan

156

Balochistan Industrial Relations Act, 2022

Balochistan

157

Balochistan Industrial and Commercial Employment (Standing Orders) Act, 2021

Balochistan

158

Balochistan Maternity Benifits Act, 2022

Balochistan

159

Balochistan Mines Amendment Act, 2011

Balochistan

160

Balochistan Minimum Wages Act 2021, Act 2021

Balochistan

161

Balochistan Occupational Safety and Health Act, 2022

Balochistan

162

Balochistan Payment of Wages Act, 2021

Balochistan

163

Balochistan Shops and Establishement Amendment Act, 2022

Balochistan

164

Balochistan Shops and Establishments Act, 2021

Balochistan

Balochistan Workers Compensation Act, 2022

Balochistan

Minimum Wage Notifications

165

Balochistan Minimum Wage Notification 2023

Minimum Wage Notifications

166

ICT Minimum Wage Notification 2023

Minimum Wage Notifications

167

Khyber Pakhtunkhwa Minimum Wage Notification 2023. unskilled workers

Minimum Wage Notifications

168

Sindh Minimum Wage Notification 2023. skilled workers

Minimum Wage Notifications

169

Sindh Minimum Wage Notification 2023. unskilled workers

Minimum Wage Notifications

170

Punjab Minimum Wage Notification 2023

By The Josh and Mak Team

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