Blog Employment Law

Understanding Employee Rights in Pakistan: A Comprehensive Guide

Pakistani labor laws provide a framework for protecting the rights of employees. These include rights related to fair wages, reasonable working hours, and leave policies. Under the Minimum Wages Ordinance, employees are entitled to receive at least the legally prescribed minimum wage, which is periodically reviewed by the government.

The standard working hours are capped at 8 hours a day and 48 hours a week, with overtime provisions for additional hours worked. Employees are also entitled to various types of leave, including annual leave, sick leave, and maternity/paternity leave as per the Factories Act, 1934, and other labor laws.

Key employee rights include:

• Payment of wages without unauthorized deductions.
• Safe and healthy working conditions.
• Protection from unfair dismissal.

Legal Remedies for Workplace Harassment in Pakistan

Workplace harassment is a serious issue addressed under the Protection Against Harassment of Women at Workplace Act, 2010. The act provides a legal mechanism for employees to report harassment and seek remedies.

Employees experiencing harassment can file a complaint with their organization's designated inquiry committee or directly approach the Ombudsman for Workplace Harassment. Employers are obligated to create and enforce a code of conduct to ensure a harassment-free environment.

Steps to report workplace harassment include:

1. Document incidents with dates and details.
2. Submit a written complaint to the organization’s inquiry committee.
3. If unresolved, escalate the issue to the Ombudsman or labor court.

Employment Termination in Pakistan: Legal Obligations for Employers

Terminating an employee in Pakistan requires adherence to specific legal procedures to ensure fairness and compliance with labor laws. Employers must provide a written notice, usually 30 days in advance, or pay wages in lieu of notice, as per the Standing Orders Ordinance, 1968.

In cases of redundancy or downsizing, severance pay may be required, calculated based on the employee's tenure. Employers must also ensure that the reason for termination is lawful, such as misconduct, poor performance, or operational needs, and avoid discriminatory or arbitrary dismissals.

Key termination obligations for employers:

• Provide written notice or pay wages in lieu of notice.
• Ensure termination reasons are documented and justifiable.
• Clear all dues, including unpaid salaries and benefits.

Workplace Discrimination Laws in Pakistan: Know Your Rights

Discrimination in the workplace is prohibited under various laws, including the Constitution of Pakistan, which ensures equality for all citizens regardless of gender, religion, or disability. Employees have the right to a work environment free from discrimination in hiring, promotions, and day-to-day activities.

Employers are required to provide reasonable accommodations for employees with disabilities and ensure that hiring practices are non-discriminatory. Victims of discrimination can file complaints with labor courts or seek assistance from human rights commissions.

Examples of workplace discrimination:

• Gender-based pay gaps or denial of promotions.
• Exclusion based on religion or ethnicity.
• Failure to provide reasonable accommodations for disabilities.