Employment laws play a critical role in maintaining a balanced relationship between employers and employees. In Pakistan, labor laws are shaped by both federal and provincial regulations that define rights, responsibilities, and procedures across various industries.
This article explores the key rights of employees and employers under employment laws in Pakistan, helping businesses and workers better understand their legal standing.
Overview of Employment Laws in Pakistan
Since the 18th Amendment to the Constitution, labor legislation has become a provincial subject. However, many federal laws still form the foundation of employment policies. These include:
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Factories Act, 1934
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Shops and Establishments Ordinance
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Industrial Relations Act
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Payment of Wages Act, 1936
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Minimum Wages Ordinance, 1961
Each province may have amended versions of these acts, but the core principles remain consistent nationwide.
Fundamental Rights of Employees
1. Right to Fair Wages
Employees are entitled to receive wages that comply with the Minimum Wages Ordinance, which is revised regularly. Provincial governments set the minimum wage, and employers must adhere to it strictly.
Failure to pay minimum wages can result in penalties and legal action.
2. Working Hours and Overtime
Under the Factories Act, 1934, the legal working hours are:
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8 hours a day
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48 hours a week
If an employee works beyond this, they are entitled to overtime pay at double the regular rate. Overtime should not exceed 12 hours a week unless authorized under specific circumstances.
3. Weekly Holidays and Paid Leaves
Employees are entitled to one weekly holiday (usually Sunday) and paid annual leave, casual leave, and sick leave.
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Annual Leave: 14 days after 12 months of continuous service
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Casual Leave: 10 days per year
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Sick Leave: 8 days per year
4. Protection Against Unlawful Termination
Unfair dismissal is prohibited under the Standing Orders Ordinance. Employers must follow due process, including written warnings, show-cause notices, and hearings before termination.
Employees also have the right to challenge unlawful termination through labor courts.
Employers’ Rights and Obligations
1. Right to Discipline and Terminate (With Cause)
While employees enjoy legal protections, employers also have the right to maintain discipline and productivity. If an employee violates company policies or underperforms, employers may take action — provided due legal procedure is followed.
2. Obligation to Maintain Safe Working Conditions
The Factories Act and related provincial regulations require employers to ensure:
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Clean and hygienic workplaces
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Adequate ventilation
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Safe machinery usage
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Proper disposal of hazardous waste
Failure to do so can result in inspections, fines, or even closure.
3. Record Keeping and Compliance
Employers are legally obligated to maintain:
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Employee attendance
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Payroll and salary registers
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Overtime logs
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Leave records
These documents must be available for labor inspection and verification.
Contractual Employment and Probation Periods
Written Contracts are Essential
While verbal agreements may hold some legal weight, written employment contracts are highly recommended. These contracts should clearly state:
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Job title and responsibilities
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Salary and benefits
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Working hours
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Leave policy
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Notice period
Probation Period Clause
Employers typically set a probation period of 3–6 months. During this time, employment can be terminated with short notice. However, once confirmed, full termination procedures must be followed.
Social Security and Employee Benefits
1. EOBI (Employees’ Old-Age Benefits Institution)
EOBI ensures financial support for retired employees. Employers and employees both contribute to this fund. Registered workers receive:
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Pension on retirement
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Invalidity pension
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Old-age grants
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Survivor’s pension
2. Social Security Institutions
Each province runs its own Social Security Institute to provide healthcare and other welfare benefits to employees and their families.
3. Gratuity and Provident Fund
Employers may offer gratuity or a provident fund, though not mandatory unless mentioned in the contract or a collective bargaining agreement. These benefits promote long-term employee retention.
Rights of Women in the Workplace
1. Maternity Leave
Under the Maternity Benefits Ordinance, female employees are entitled to:
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12 weeks of paid maternity leave
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No dismissal during maternity leave
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Medical allowance or hospital care
2. Protection from Harassment
The Protection Against Harassment of Women at the Workplace Act, 2010 mandates every organization to:
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Establish an inquiry committee
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Appoint a harassment officer
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Display workplace conduct codes
Offenders can face penalties, job dismissal, or even criminal charges.
Child Labor and Youth Employment Laws
Pakistan has ratified several international conventions against child labor. Under national law:
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Children below 14 years cannot be employed in any formal sector
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Adolescents (14-18 years) can work under restrictions, such as limited hours and no hazardous work
Violation of these laws can lead to heavy fines and imprisonment.
Industrial Disputes and Labor Courts
Workers’ Right to Unionize
Under the Industrial Relations Act, workers can:
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Form trade unions
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Engage in collective bargaining
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Go on strike (under lawful procedure)
Employers must recognize trade unions and negotiate fairly.
Labor Courts and Tribunals
Labor courts deal with disputes involving:
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Wrongful termination
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Wage claims
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Harassment cases
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Leave entitlements
Employees can file complaints within one year of the incident. Decisions by labor courts can be appealed in higher courts.
Digital and Remote Work: Emerging Trends
Though traditional labor laws in Pakistan are designed for physical workplaces, remote work is gaining traction. There is a growing need to update legal frameworks to:
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Define remote employment contracts
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Address digital monitoring practices
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Clarify internet and equipment reimbursements
Until then, employers should explicitly mention remote work conditions in contracts to avoid ambiguity.
Challenges in Enforcement
Despite the presence of comprehensive labor laws, enforcement remains a challenge in many sectors, especially informal employment and small businesses.
Common challenges include:
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Lack of awareness among employees
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Employers bypassing legal contracts
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Weak inspection mechanisms
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Delayed court procedures
Public awareness and governmental reforms are necessary to ensure fair and transparent application of employment laws.
Best Practices for Employers and Employees
For Employers
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Draft clear, legal employment contracts
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Maintain full documentation
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Register employees with EOBI and Social Security
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Educate staff about harassment policies
For Employees
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Understand your rights under labor laws
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Keep personal records of work, pay, and leave
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Seek help from the labor courts in case of violations
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Report harassment or unsafe work conditions
Final Thoughts
Understanding Pakistan’s employment laws empowers employers and employees to build better, legally sound work environments. Whether hiring staff or entering a job, knowing your rights and obligations is key to avoiding conflicts and fostering a productive relationship.
