THE PUNJAB INDUSTRIAL RELATIONS ACT (Act XIX of ). C O N T E N T S. Section Heading. 1. Short title, extent, application and. Short title, extent, application and commencement.— (1) This Act may be cited as the Punjab Industrial Relations Act (2). It extends to the. Name: Punjab Industrial Relations Act, (No. XIX of ). Country Provincial Assembly of the Punjab, Pakistan PDF of Act as amended to Punjab Act No.
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(1) This Act may be called the Khyber Pakhtunkhwa Industrial Relations Act, (2). It shall extend to the Province of the Khyber Pakhtunkhwa. Punjab indutrial relations act 1. Punjab Industrial Relation Act ; 2. Definitions Trade unions and freedom of association. 𝗣𝗗𝗙 | The study explores the historical development of labour laws See Punjab Industrial Relations Act (PIRA) Art. 7; Sindh Industrial.
The Ali Enterprise factory fire was not an isolated incident. On the same day, September 12, , a fire in a footwear factory in Lahore killed 25 workers and injured dozens. The factory was illegally constructed in a residential neighborhood and did not have proper fire and safety mechanisms.
Most victims of the Lahore fire were under the age of However, they resumed work after being threatened with termination. The videos show the owner punching and slapping male and female workers, and beating them with a stick. Countrywide protests in May by workers of Khaadi, a leading Pakistani apparel brand, spotlighted the serious and widespread problems in the garment sector.
As media focus on the standoff increased, more examples of worker rights violations began to surface.
PAK86140 2016 - THE PUNJAB INDUSTRIAL RELATIONS ACT...
However, according to a rights activist, many grievances of the workers remained unaddressed at the time of writing. Pakistani law requires that the workers should be provided a written employment letter explaining the terms and conditions of the service at the time of hiring, promotion and transfer, irrespective of how these workers are classified. The purpose of making some payments is to claim to international sourcing brands that social security and pension payments are being made.
However, they do not issue social security cards to even those 10 percent, and hence almost no worker has any documentation or proof of social security.
All of this is done by paying bribes to the concerned government officials. Use of Labor Contractors In many cases, hiring is often outsourced to a thekadar contractor. Pakistan garment industry experts say factories increasingly hire workers through such labor contractors in an effort to absolve factories from any direct responsibility to ensure worker rights.
In the absence of written contracts and registration, workers are too scared to complain when factory managers exploit or ill-treat them, for fear of losing their jobs.
In such cases, labor experts said the factory does not show these workers on its payroll and directs worker wages to be paid through the labor contractor, successfully bypassing scrutiny. Human Rights Watch interviewed workers from 13 factories supplying international brands and 11 factories supplying local brands who said that the bulk of workers in the factory earn on a piece-rate basis.
The wage of the worker depends on the number of clothes they stitch, which may even, on occasion, pay more than the fixed minimum wage. However, this adds to worker insecurity because it takes away the guarantee of a fixed income. The payment is tailored in a manner that a worker will only be paid for 26 days in a month, even though workers often work during the Sunday holiday.
In some cases, the workers are issued factory identity cards. However, often the cards do not state the name of the company and hence do not constitute proof of employment. The hiring process is that once the vacancies in the factory are advertised, people gather outside and their names, national identification, and years of work experience are noted, and then those who are hired are allowed inside the gate. Karachi has a diverse population including majority Urdu-speaking refugees from India from the partition, and a host of minority Sindhi, Pashtun, and Baloch communities leading to ethnic tensions and violence for several decades.
Muhammad Asad, a Sindhi worker at one of the factories said that he was repeatedly hired on month contracts without any written appointment letter. I have been working at a factory for the past four years. There is no real hiring process. The factory gives us a paper which needs to be signed from the local police station as character verification. The factory management then asks to fill in a form which they keep, and we are not given anything in writing.
According to Ali Hussain, a worker who had worked in a factory producing for international brands in Lahore for four years, and was repeatedly hired on year-long contracts: The only proof of our employment is a factory employee card that is given to us.
The Punjab Industrial Relations Act 2010
Before the end of every year they cut our cards signifying an end to the employment and issue a new card so that each year our employment starts afresh, and we are not eligible for the yearly bonus. Several workers whom Human Rights Watch interviewed said that factory owners often choose to replace non-permanent employees who are ill rather than grant medical leave. Hashim Ahmed, from a Karachi factory that was supplying international brands, was hired on year-long contracts and worked in the factory for three years, which he said produces for international brands.
He told Human Rights Watch: I had an infection and high fever and took two days off after filling in a leave form. However, when I came back to work, I was not allowed to enter and told that I had been terminated. Anyone who becomes ill is fired; that is the general rule.
A woman who had a stomach ulcer requested a few days off for an operation. Instead of being granted medical leave, she was fired. Farkhanda, a worker employed through oral year-long contracts for four years at a factory supplying Pakistani brands, said: In , in the stitching department, four women workers protested the non-payment of bonus. The workers were told that there is no payment, and if they bring it up again, they will be fired.
Nazir, a worker at a factory supplying international brands in Hafizabad district, Punjab described the methods employed by factory management to get around the requirement of firing workers via a written order specifying the reasons for the dismissal: There used to be no employment contracts and workers were fired verbally.
When workers brought cases before the labor court, the court has ordered that the workers be given employment contracts. Factory management has found a way of continuing to arbitrarily fire workers.
Sometimes workers are required to sign a blank paper at the time of employment and whenever the management desires to fire that worker, they print the resignation on that paper and put on a date. For those workers who have not signed blank papers, the management threatens and tortures [with beatings] them till they resign. They sometimes point guns at the workers as well.
A couple of months ago, when a worker refused to do forced overtime, he was locked inside the security office for two days.
Hamid Ali, a worker in a garment factory in Karachi supplying international brands narrated his experience: I was fired today after three years. I was appointed as a helper and am now a sewing machine operator. I oversee the entire line and fulfil the production target. The law makes provisions for one weekly holiday and if that is not given, a compensatory holiday as soon as possible. Forced Overtime Workers and labor activists interviewed said that workers in the garment industry routinely work beyond the stipulated nine hours a day.
Factory owners are required to pay overtime for the extra hours. Overtime rates differ depending on whether the work is performed on a week day, a weekly day off typically Sunday , or on a public holiday. However, most workers Human Rights Watch interviewed also said that overtime was seldom genuinely voluntary: they feared retaliation, including dismissal, if they refused.
I have not received a termination letter. The management wants us to do overtime, meaning we stay in the factory from 9 a. However, the factory pays us only half the overtime amount since according to law no worker can be made to work overtime exceeding 52 hours a month. Two weeks ago, I did a double shift on Saturday from 9 a. This was the first time that I did not go on a Sunday in six months and I was fired. Often the workers are hired from distant localities or the factory is located outside the city, which leaves workers dependent on factory transport when they work late into the night.
Khalid, a worker at a factory in Pindi Bhattian, Hafizabad district of Punjab manufacturing for some international brands, told Human Rights Watch: The shift is supposed to be 8 hours, but in practice it goes on for a minimum of 12 hours. The night shift is supposed to end at 1 a. The transport charge is deducted from our salaries and the factory is obligated to provide transport.
However, the management tells us that the buses will leave only at 5 a. However, many workers interviewed by Human Rights Watch were not registered with either, although they said the employee contributions were being deducted from their monthly payouts. Contract workers that Human Rights Watch spoke with said that their salary is paid in cash and the record maintained informally, without registration with any government department.
Rehana, a garment worker in a factory in Karachi, was hired without a written contract. Each contract lasted six months and was subsequently renewed orally.
She said: I have been working at this factory for the past eight years. There are 12 women and around men who work at the factory. I work on cropping the [extra thread from] clothes. It is a hour shift with one half-hour break for lunch. I know that the payment is below the government minimum wage, but who will hear our complaint? If I protest to the manager, I will be fired in a heartbeat.
In April , he requested a leave for a few days to take his school-leaving examination. The factory management refused leave and said he could quit instead.
Therefore, I decided to stay at work and abandon my studies. Hashim told Human Rights Watch: The manager deducts our salaries for failing to complete impossible targets.
Industrial Relation Ordinance 2010 Pakistan, Labour Laws in Punjab, Pakistan
Each production line has a target of completing 2, pieces per day and if the target is missed, the salary of the entire production line is deducted. On many occasions, salary is deducted without giving any reasons and if someone asks for the reason, they are threatened with dismissal. Any worker who refuses is fired.
We must work on most Sundays since the targets are impossible to meet otherwise. We are only allowed to take one minute break [in a shift]. Shabana, a worker in a factory in Lahore told Human Rights Watch: I have been working in this garment factory for eight to nine years. The shift is 12 hours from 8 a. There is no written contract and the only proof of employment is a card.
In truth, there is even no sick leave and salary is deducted if someone is unwell even for a day. In some of the factories, the standard shift exceeds the legally permissible nine hours. According to a worker in Karachi: I have been working in garment factories for the past 15 to 16 years since I was 12 years old. My normal work shift is 12 hours from 8 a. There is no overtime payment for extra time [beyond the hour shift].
The management says that there is no overtime because the payment is based on production targets and not hours. Rehana, a worker in a garment factory producing for Pakistani brands in Karachi said: I work on cropping the clothes. The managers do not even allow bathroom breaks and swear at us if we ask for one. If anyone asks for an additional bathroom break, the managers verbally abuse him and mock him for having a weak bladder.
The only way to cope is to not drink water except for at lunch. One worker at a factory in Lahore told Human Rights Watch: The production target of 50 to 60 pieces per hour is almost impossible to meet.
Taking breaks means falling short of the target and that means a reduction in salary.
Unsanitary Conditions Many of the workers complained about unsanitary conditions in the factories in Lahore, Karachi, and Hafizabad district, including dirty drinking water, substandard food, no provision of medical assistance, and overcrowding.
A worker from a factory manufacturing for the local market in Karachi said: There are to workers in the factory crammed in a small space. The factory is filthy, and the cleaning is done rarely. There is no clean drinking water in the factory. If any worker complains about feeling ill or nauseous, the managers give us a painkiller, deduct the cost of the medicine from our salary, and tell us to get on with the work.
The management does this so that workers eat less and hence save them money. When we requested the management to fix these issues, we were told that we can go home, and this is a take it or leave it arrangement.
It is suffocating. But these are often crammed spaces and are subjected to many restrictions. Ghulam Abbas, who works at a large factory in Hafizabad district of Punjab, described the living conditions: It is virtually a curfew. The workers are not allowed to leave the factory even after work hours because the management does not want them mingling with the locals.
The workers living in the factory quarters are those hired from far off cities.
The factory management does not hire locals because they fear unionization and collective action. In some rooms there are bunk charpais and hence there are 36 people in one room.
It is difficult to even breathe. The food is worse than jail and it is mostly water with some pulses. Workplace Discrimination and Challenges for Women Workers Women workers are exceptionally disempowered and discriminated against in the garment industry in Pakistan.
Many women are employed as contract, piece-rate, non-unionized workers in low-paid and low-skilled roles. Sindh province passed an anti-harassment law in and Punjab province in Poor infrastructure also exacerbated problems for women. For example, labor laws require employers to provide for separate toilets for women.
Activists said, poor enforcement of laws guaranteeing protection from sexual and workplace harassment, job insecurity, as well as the fact that there are no awareness programs to inform women workers of their rights, means that very few women report cases of sexual harassment. A researcher working on harassment in the workplace told Human Rights Watch: Sexual harassment of women is disturbingly common in almost all Pakistani workplaces including garment factories.
Most of these cases are never reported because of fear of reprisal, societal attitudes, and a lack of mechanisms to report. For example, under Pakistani law, all companies are supposed to display and circulate a code of conduct on sexual harassment in English and Urdu.
In the overwhelmingly majority of factories that is not implemented. Hence, most women workers do not even know that they have a right to complain against sexual harassment. The only way to avoid this embarrassment is to not ask for a bathroom break. She said: There is no maternity leave.
Trade unions and freedom of association 4. Application for registration 5. Requirements for application 6.
Requirements for registration 7. Disqualification for being an office-bearer of a trade union 8. Registered trade union to maintain register 9. Registration Transfer of office-bearer of trade union during pendency of application for registration Certificate of registration Cancellation of registration Appeal against cancellation Registrar of trade unions Powers and functions of Registrar Incorporation of registered trade union Unfair labour practices on the part of employers Subscribe to view the full document.
Unfair labour practices on the part of workmen Law of conspiracy limited in application Immunity from civil suit in certain cases Enforceability of agreement Registration of federation of trade unions and confederation Returns Collective bargaining agent Determination of collective bargaining unit Appeals Check off Shop steward to act as link between labour and management Workers management council Inspector Penalty for obstructing inspector Penalty for contravening section 29 Redress of individual grievances Negotiations relating to differences and disputes Conciliator Notice of strike or lock-out Conciliation after notice of strike or lock-out Proceedings before conciliator Arbitration Strike and lock-out Raising of industrial dispute by federation.
There is no maternity leave. In April , he requested a leave for a few days to take his school-leaving examination. It clearly states that workers have the right to form trade unions and join organizations of their own choosing without previous authorization. Application to Labour Court. Two weeks ago, I did a double shift on Saturday from 9 a. Incorporation of registered trade union A woman who had a stomach ulcer requested a few days off for an operation.
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