Work is one of the most fundamental right in Pakistan.According to Article number 18 of constitution it's states that;
Guaranteedly each citizen have right of working.
But there is not any explicit provisions which are considering work as duty.
There are also Old age benefits Act 1976 for employees and Welfare fund ordinance 1971 for workers which is implying that there is a need of having a responsibility for working with dignity and honesty by employees.
There are not any particular legal sanctions for not completing their duties but employees may face discipline related actions such as termination due to negligence any mishap and misconduct as well as because of poor performance under Pakistan employment ordinance of 1968.
There is Industrial relations act 2012 and Pakistan labor code 2013 are both those fundamental laws which are solely for protection of labor rights in Pakistan.
My thinking about these laws:-
My personal thinking is that both of these laws are key laws for promotion of justice, fairness and equality in society and overall in workplace. These are safeguarding crucial rights of workers, preventing exploitation as well as fostering a safest environment for working.There is a need of implementing them in an effective way for getting a prosperous society.
Following instructions are responsible for enforcing labor rights:-
• There are labor courts which are particular courts which are used for handling disputes of labor and hence enforcing labor laws.
• There are labor departments where government agencies have responsibility of implementation of labor policies, inspection of workplaces as well as considering labor complains.
• There is national industrial relations commissions which is a judicial body used for resolving disputes among industries as well as promotion of harmonious relations among labors.
• There is provincial labor departments where there are provincial agencies which are overseeing affairs of labor, enforcing laws of labor as well as providing support to workers.
These all institutes are playing an important role in protection of rights of workers and promotion of fair practices of labor.
I am a student,not a labor so personally I don't have experience about it but I know a story of my friend sister's:-
Name of my friend sister is Amna who was an employee 1 year ago almost in a textile factory.She gave a lot of working hours to that factory even overtime without getting extra pay and her working hours were exceeding 12 hours in a day.
There was a day at which Amna collapsed because of feeling exhausted.Because of collapse manager dismissed Amna by citing poor performance.Amna stabilized her health and felt that her labor rights are violated and she asked for justice and help from labor union.After that labor union filled a complain and as a result Amna received compensation in form of funding and justice in form of receiving fine from manager.
Being a lawyer I will assist workers by following principles written below:-
• Labor rights are inalienable which is Principle 4 where contract of workers are waiving the rights to social advantages and severance payment is void.
• Reality prevails at forms or appearances which is Principle 3 which is irrespective of getting labeled as "cleaning staff"actual job responsibilities being a worker as truck drivers must be recognized.
• Intangibility and progressiveness of labor rights is Principle 2 which is attempt of reducing operating expenses by employees through underpaying workers is spoiling of labor rights that is not permitted.
• Most favorable to worker is Principle 5 which is any doubts or ambiguity in contract or labor laws needs to be interpret in favor of workers.
These all principles will guide my argument for protecting rights of workers and challenge unfair labor practice of employees.
Worker need to go to Labor court or National industrial relations commission.
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• There is a need of filling a complaint for unfair dismissal.
• There is a need of providing evidence of 15 year service and situations which cause termination.
• There is a need of seeking reinstating or compensating.
I am considering Labor court/NIRC competent here because they are specialising in disputes of labor which have authority of interpreting labor laws as well as providing a fair platform for workers for seeking justice.
Special invitation to:-