Stress And Its Theories

Ibad Ahmad (195-FSS\BSSOC\F12)

International Islamic University Islamabad

Critical Analysis of Labor Laws in

Pakistan

What is meant by the term Law?

The body or set of rules and regulations to

build social control in an area or society are

called laws.

The basis of laws differs from society to

society. Somewhere laws are built on basis of

morality and norms that prevails in that

particular area. In such areas laws are oral, no

proper documentation exist. Such areas are

mostly traditional and underdeveloped.

While in modern societies laws exist in

documented forms. In such societies rationality

and logic is the basis of law (Jurisprudential

Approach).

What is meant by Labor law?

Labor laws mediates the relationships

between workers (employees), employers

and government.

There are two types of labor laws:

Collective labor law that relates to the

tripartite relationship between employee,

employer and the union, association or the

government.

Individual labor law that covers

employee`s workplace rights enforced by

the agency where he/she is working.

History of labor Law?

Labor laws arose parallel with the industrialrevolution as the relationship betweenworkers and employers changed from smallscale production studios to large scalefactories.

Workers sought better rights to join (avoidjoining) unions and associations, whileemployers sought more predictable, flexibleand less costly workforce.

England was the first country toindustrialize, it was also the first to face thealarming consequences of the capitalist in atotality and laissez-faire economicframework. Over the course of time from thelate 18th and mid 19th century the foundationfor the modern labor laws were slowly laid.This was largely achieved through theconcerted pressure from the social reformersnotably Anthony Ashley Cooper, 7th earl ofShaftsbury and others.

Labor laws in constitution of Pakistan

Article 11 prohibits all forms slavery , forced labor and child labor.

• Slavery is non existent and forbidden and no law shall permit or facilitate its introduction into constitutionin any form.

• All forms of forced labor and traffic of humans are prohibited.

• No child below the age of 14 shall be engaged in any factory or mine or any hazardous employment.

Article 17 provides for a fundamental right to exercise the freedom of association and the right to formunions.

• Every citizen shall have the right to form association or unions, subject to any reasonable restrictionimposed by the law in the interest of public order.

• Every citizen not being in the service of Pakistan, shall have the right to form or be the member of anypolitical party subject to any reasonable restrictions imposed by Law in the interest and sovereignty andintegrity of Pakistan and such law provide that where the federal government declares any political partyhas been formed or is operating in a manner prejudicial to the sovereignty and integrity of Pakistan, thefederal government shall, within 15 days of such declaration refer the matter to the Supreme Court ofPakistan whose decision on such reference shall be final.

Article 18 prescribe the right of its citizens to enter upon any lawful profession or occupation and to conductany lawful trade and business.

Article 25 lays down the right to equality before and prohibition of discrimination on grounds of sex alone.

• All citizens are equal before the law and are entitled to equal protection of law.

• There shall be no discrimination on the basis of sex.

• Nothing in this article shall prevent the state from making any special provision (responsibility) for theprotection of women and children.

Article 37(e) makes provisions for securing just and humane conditions for work and, ensuring that childrenand women are not employed in vocation(particular occupation) unsuited to their age and sex and formaternity benefits of women in employment.

Critical analysis on the labor laws contained in the

Constitution of Pakistan

There is need of amendment in the article 11 as it failed its purpose of introduction. Like;

• Slavery still prevails in large scale in the rural areas as well as in the urban areas.

• Heap of women and child are force to work in Brick Kilns, factories and agricultural lands.

• Almost all the children who are forced to work or work willingly have age below 14.

• The influentials involved in human trafficking, forced labour (child-women) are either the part

of the legislature or have influence on the legislature persons.

Different types of associations and unions are made but there is no proper check and balance on

such associations and unions. Like;

• CNG cartels, Clerks unions, Drivers associations, Teachers associations etc boycott there work

and go for protest against the system and try blackmail the government.

• These cartels and associations hoard commodities in accordance with the situation to get extra

personal benefits.

• Most of the parties have heavy illegal armed wings operating and enjoying liberty in their

respective arenas. They also enjoy their relations inside the legislature.

Continued…..

Article 18 also need amendment as the citizens of Pakistan are deceived so many times by

people from among them. Like:

• Different organizations are established on legal grounds, they contact people and ask for their

investments then in a blink of an eye these organizations vanish their existence. Like Biznaas

Scheme in the District Chitral.

• Many government officials make wrong use of their authorities to get extra personal benefits.

There is also a need to amend the article 25 because:

• There should be some separation of jobs and positions on the basis of sex, as there is a lot of

difference between men and women mentally and physically. As some of the jobs requires

more mental and physical energy. So men should be paid more than females as they put

greater efforts.

Women and children are exposed to severe harsh situations while doing their jobs. Their daily

wages are below from as mentioned by the government. They are also made to do extra time for

nothing or for least amounts. Women mostly face harassments from their co-workers as well as

from their superiors.

Conclusion

• Jobs that involve severe physical energy should be made forbidden on females and children.

• The age limit should be reconsidered for the child labor.

• There should be law which forbids the entrance of a person with any sort of criminal record or

affiliations with criminals to enter the legislature.

• There should be strict and severe punishment against the different associations, unions and

organization if they overrun their legal grounds and limitations.

• There should be strict laws against the parties having armed wings and should be banned

permanently.

• There should be proper laws to monitor the privately owned organizations.

• There is a weak check and balance system on profession also. For example the minorities are

allowed to sell liquor in their respected areas to their own communities. But the consumers are

not only from their communities, large numbers of Muslims are also among the consumers.

• In workplaces males and females do same types of jobs but still females are paid less than

males and rarely considered for promotions. Females remunerations should be equal to males

and should be given equal chances of promotions.

Thanks for your attention

Any Question!