EnvironmentalProtection agency

8/13/2019 EnvironmentalProtection agency

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Environmental Protection Laws


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Environmental

Protection andIndustrial Policy


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Pakistan Environmental

Protection Act, 1997Pakistan Environmental Protection Act,

1997 is an Act to provide for theprotection, conservation, rehabilitation

and improvement of the

ENVIRONMENT, for the prevention andcontrol of POLLUTION, and promotion

of SUSTAINABLE DEVELOPMENT


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Regulatory Actions should

be taken whenever there

is Substantial Hazard toHuman Life, or

Health, orEnvironment


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NON-COMPLIANCE MAY

RESULT IN . Financial Penalties

Clean-up Costs

Compensation Costs

Loss of Licenses

Restriction of Activities


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POLLUTION CONTROL

The four basic provisions relating to pollution control are

contained in sections 11,13, 14 and 15.

Section 11 prohibits discharge or emission of any

effluent or waste or air pollutant or noise in excess of the

NEQS, or the established ambient standards for air,

water or land;


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Major Functions of Pak-EPA

To Administer And Implement the Pakistan

Environmental Protection Act, 1997;

To Take All Necessary Measures for Implementation

of National Environmental Policies Approved by The

Council;

To Prepare, Revise and Establish the National

Environmental Quality Standards with the Approval

of Pakistan Environmental Protection Council


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PROJECTS/PROGRAMME

Self-monitoring and Reporting Programme

(SMART)

Vehicular Emission Testing Services (VETS)

Activity Based Capacity Development

Programme for All EPAs (ABCD)

Management of Hazardous Substances AndWastes

Introduction of Cleaner Production Techniques


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COSTS OF ENVIRONMENTAL

DAMAGE

Annual Damage

Inadequate Water Supply, Sanitation & Hygiene 112 Billion

Agricultural Soil Degradation 70 Billion

Indoor Pollution 67 Billion

Urban Air Pollution 60 BillionCost of Lead Exposure 45 Billion

Rangeland Degradation & Deforestation 7 Billion

Total 249 Billion

Source:Pakistan Strategic country Environmental AssessmentReport by World Bank, 2006.


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Linkage of Environment with

Economy Compliance of NEQS is Important for

Export Oriented Industrialization

Right Mix of Economic, Social and

Environmental Policies can Promote

Sustainable Development

Poor Environment Affects Tourism


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IndustrialEnvironmentalImpacts are

affecting

all spheres

of life:

Air

Soil

Biodiversity

Water

Marine &

Ground

Water

Climate

Change

provide affordable products with

minimal environmental degradation


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IMPEDIMENT

end-of-pipe

treatment

lack of policyassigning priority

to pollution

prevention

scenarios

lack ofintegration

betweenEnvironment

MinistryPolicies

andimplementation

lack of

awarenessin industry and

financialinstitutions

of importanceof pollution prevention

inprofitability


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Cleaner Production reduces risk

to people & environment; whileimproving economics

fromend-of-pipetreatment

topollution

prevention

operatingpractices

Inputmaterialchanges

Technologychanges

ProductChanges

Recycling

NEQS E f t


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NEQS EnforcementTwo 2-Pronged Approach

Non-Compliance

of NEQS

Testing of Samples

Non-Compliance

of NEQS

Self Monitoring

And ReportingEPA Monitoring

Analysis of Report

Compliance

of NEQS

Compliance

of NEQS

Env. Improvement

Plan 25/75

Penalty

Appeal in Tribunal

Action

by Industry

Not Accepted

Certification of

Green Industry

Env. Protection

Order

NO Action Accepted


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SMART


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WHAT IS SELF MONITORING

& REPORTING SYSTEM? Self Monitoring & Reporting System for Industries

is the result of a consultative process that extended

over several years in which the

government,industry and other stakeholders

participated to develop an environment monitoring

framework


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Recommendations of Lakha Committee

Lakha Committee held several meetings with industry

and came up with a set of recommendations that

included:

Reduction in customs duty on import of anti-pollution equipment

Rationalization of NEQS

Introduction of Self Monitoring and ReportingSystem for industry and levy of pollution charge

Other incentives like soft loan, accelerated

depreciation, expenditure on pollution control to

deducted from income tax


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WHAT IS SELF MONITORING

& REPORTING SYSTEM?

By introducing this system, the government is

placing a high level of trust in the industry to

examine and evaluate environmental

performance on its own and to make the

information on environmental parameters

available to the EPAs


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Improve flexibility of Command & Control

ProvideMarketBasedSolutions

Focus onVoluntaryApproaches

The New Model:The New Model:POLICY MIX APPROACHPOLICY MIX APPROACH

SMART

UNDER SELF MONITORING


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UNDER SELF MONITORING

CLASSIFICATION OF INDUSTRIAL UNITS

For Liquid

Effluent

Category Reporting

Period

Priority

Parameters

A

(Most

Hazardous)

Monthly

Basis

Effluent flow,

Temperature, PH

,TSS,(Schedule III,

Table A)

B

(Moderately

Hazardous)

Quarterly

Basis

(Schedule IV,

Table A)

C

(Least

Hazardous)

Biannual

Basis

(Schedule V)

CATEGORIZATION OF INDUSTRY


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(LIQUID EFFLUENTS) Category A: Monthly

21 Sectors/Sub-sectors: Metal finishing and

electroplating, Fertilizers, Pulp & Paper, Pesticide

formulation, Leather tanning, etc.

Category B: Quarterly

13 Sectors: Glass manufacturing, Sugar, Detergent,

Oil & Gas explorations, etc.

Category C: Biannually

Pharmaceutical (formulation), Marble crushing,

Cement


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(GASEOUS EMISSIONS)

Category A: Monthly

11 Sectors: Cement, Iron & Steel, Nitrogenous

Fertilizers, Petroleum Refining, Pulp & Paper,

Thermal Power Plants etc.

Category B: Quarterly

7 Sectors: Sugar, Textile, Metal Finishing &

Electroplating etc.


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Industry Software and a

ManualAfter Registration FederalEPA will issue a manual

User Instruction Code

and a software CD.


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GREEN INDUSTRY

PROGRAMME

It is a support program for the implementation of SMART

that promotes not only Self Monitoring but also compliance

with NEQS

Incentive Based Regulation System, which uses bothcarrots and sticks to improve environmental performance

Seeks to foster a pollution prevention ethic by encouraging

industries to enter into agreements for reducing their

environmental releases by setting targets

Agreements would lead to the preparation and

implementation of the Environment Improvement Plans for

individual or cluster of industries


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Establishment Of Cleaner Production Center :

Ministry has encouraged establishment of

three cleaner production centers (Rawalpindi,

Lahore and Sialkot) to promote adoption of ISO14000 and help improve environmental

performance of the industry. These centers

provides technical advice to industrial sector incompliance with the National Environmental

Quality Standards.


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Establishment of Combined

Industrial Effluent Treatment Plants Ministry of Industries, Production and Special Initiatives

is facilitating the establishment of Combined Effluent

Treatment Plant in different cities. Two combined effluent treatment plants (CEPTs) for

tanning sector have already been established in Kasur andKarachi whereas the proposal for Sialkot is also

approved. Now to cater the Environmental Problems Establishment

of CETP,s is considered a part of planning of newindustrial Estates like SUNDER Lahore and another in

Faislabad & Karachi.

AMENDMENTS IN LABOUR LAWS


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PREVIOUSLY

1- The Act applied to wages payable upto a certain limit for a wage

period, usually a month.

2- The words used in the Act were persons employed and

not workmen or employees. It means that the Act was

applicable to all employees and workmen drawing wages not

above the prescribed limit.

3- The Act applied only to the persons employed in factories or inrailways whether directly or through a contractor.

PRESENTLY

1- The Act now applies to every industrial and commercial

establishment including a factory and Bank.

2- The same words namely, persons employed and not workmen

or employees are still used in the Act.

3- The limit of wages as a criterion for the application of the Act

has been abolished. It means that the Act is now applicable to

all persons employed in the industrial and commercialestablishments irrespective of the wage limit.

THE WORKMENS COMPENSATION ACT 1923


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THE WORKMEN S COMPENSATION ACT, 1923

Previously the Act applied to all workmen employed in any capacity as

specified in schedule II of the Act and drawing wages not exceeding a

certain limit. It did not, however, apply to those employed on casual basis oremployed otherwise than for the purpose of the employers trade or

business.

Since casual workman has been deleted from the classification of workmen

as given in Standing Order I of the W.P. Standing Orders Ordinance, 1968,the Act will now apply to all workmen employed in any capacity as specified

in Schedule II except those employed otherwise than for the trade or

business of the employer.

The Act uses the word workman but at the same time lays emphasis onemployment in any such capacity as specified in schedule II.

The condition of wage limit has also been deleted. Hence every workman

employed in any specified capacity irrespective of wage limit will now be

entitled to the prescribed rate of compensation in the event of death or total


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W.P. STANDING ORDERS ORDINANCE, 1968

No gratuity shall be payable for the period where contribution

has been made to an approved pension fund as defined in theIncome Tax Ordinance, 2001 and the employerscontributionis not less the 50% of the limit prescribed in the aforesaidOrdinance with the workmen also contributing the remainingamount.

Gratuity is already not payable for the period of existence ofprovident fund to which the employerscontribution is not lessthat the workmanscontribution.

There is, however, no bar if provision is made for gratuity inaddition to the provident fund in the employersown rules or isso provided under a settlement arrived at with the CBA.


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COMPANIES PROFITS (WORKERS PARTICIPATION),

ACT, 1968

Previous definition of worker : Worker inrelation to a company means an employee of the

company who falls within the definition of worker asdefined in the IRO, 2002 and is in the employment of the

company for not less than six months.

Present definition: Worker in relation to acompany means an employee of the company including

employed by or through a contractor working for or in the

company for a period of not less than six months.


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COMPANIES PROFITS (WORKERS PARTICIPATION) ACT, 1968

(AS AMENDED)

Paragraph4 : Disbursement of benefits:The share of a worker in annual allocation to the fund shall be

expressed in units or factions of units (worked out to two places of decimal) of the face value of rupeesten determined in the following manner, namely:-

(a) The number of available units shall be so divided in three parts for the three categories of workers

mentioned below that a worker in the first of those categories gets four units for each two units that a

worker in the second of these categories gets or for each one unit that a worker in the last of these

categories gets:-

CATEGORIES

1- Workers drawing average monthly wages not exceeding

Rs. 7,500.00

2- Workers drawing average monthly wages exceedingRs. 7500.00 but not exceeding Rs. 15,000.00

3- Workers drawing average monthly wages exceeding

Rs. 15,000.00.

4- Not with standing anything contained in the scheme, no worker shall, in any one year, be entitled out of

the annual allocation to units exceeding the amount of four times of the minimum wages for unskilled

workers 4600 x 4 = 18,400 .

EMPLOYEES OLD-AGE BENEFITS ACT 1976


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EMPLOYEES OLD-AGE BENEFITS, ACT, 1976

(AS AMENDED)

1- The number of persons for the application of the Act shall betwenty instead of ten for industries or establishments set up

after July, 1, 2006.

2- Surviving spouse entitled to pension on the same basis as isbeing used for the calculation of old-age pension instead of

minimum pension with effect from 1-7-2007.

3- Both old-age and invalidity pension to be calculated on thebasis of last monthswages effective 1-7-2007.

4- Minimum pension raised from Rs. 1300/- to Rs. 1500/- p.m.

Monthly rate of pension, other than minimum pension, alreadyallowed raised b 15% effective 1-7-2007.


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PERIOD OF WORK: It includes the normal work hours, overtime hours and rest

intervals (section 3% of Factories Act, 1934).

WORK HOURS :It means the normal work hours excluding the rest interval.

OVERTIME : It means the hours over and above the normal work hours including the

rest intervals.

HOLIDAYS:Weekly holidays, annual holidays, compensatory holidays, festival holidays.

LEAVES :Casual leave, sick leave, short leave, special leave with or without pay.

RELAY/SHIFT:When work of the same kind is carried by two or more sets of workers

working during different periods of the day, each of such sets in called a relay, and the

period or periods for which it works is called shift.

THE FACTORIES ACT, 1934


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WORK HOURSNON CONTINUOUS PROCESS

WEEKLY WORK-HOURS:

No adult worker shall be allowed or required to work in a factory for more than forty eight

hours in any week, or where the factory is a seasonal one, for more than fifty hoursin any week;

Provided that an adult worker in a factory engaged on work which for technical reasonsmust be continuous throughout the day may work for fifty six hours in any week.

DAILY WORK-HOURS:No adult worker shall be allowed or required to work in a factory for more than nine

hours in any day; provided that a male seasonal worker in a seasonal factory maywork ten hours a day.

INTERVALS FOR REST:

a) One hour after six hours working

or

b) Half an hour after five hours working.

and

c) At least two intervals of half an hours each before a worker is required to work for

more than eight and a half hours.

WORK HOURSFACTORIES


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(CONTINUOUS PROCESS)

1. Ordinarily eight hours shift.

2. When shifts are changed no shift may be employed for more than 16 hours in one day, that is,two periods of-8 hours each with an interval of 8 hours.

3. The persons who have worked double time shall at next change of shift have a holiday of 24

consecutive hours.

4. No worker shall be employed for more than 14 consecutive days without a compensatory restperiod of 24 consecutive hrs.

5. The system of shift should be approved by the chief inspector of factories or the inspector so

authorised.

6. The average weekly hours of work per week in any period of three weeks shall not exceed 56.

7. Maximum overtime 12 hours in a week.

8. Week means a period of seven days beginning at mid-night of Sunday.

9. Day means a period of 24 hours beginning at mid-night.


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FACTORY ACT, 1934

(AS AMENDED)

Spread over:The period of work of an adult worker in a factory shall be so arranged thatalong with his intervals for rest under section 37, they shall not spread over more than

twelve hours in any day, save with the permission of the Provincial Government and subject

to such conditions as it may impose, either generally or in the case of any particular factory.

Women Workers:The provisions of chapter IV shall also apply to women workers subject

to the following conditions:

(a) No exemption from the provisions of section 36 (daily) work

hours) may be granted in respect of women workers.

(a) No woman shall be allowed to work in any factory except

between 6 a.m. and 7 a.m.

Provided if the employer arranges for the transport facilities, the women may work upto 10

p.m. in two shifts.

Note:Spread over is applicable only to a non-continuous processsection 43.

FACTORIES ACT, 1934


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,

(AS AMENDED)

Spread over (Section (38)

1- Non continuous process run on the basis of six full days a week:

- Normal working hours : 8 hours per day

- Rest interval : hours after five hours

working

- Overtime : 3 hoursincluding

hours rest interval

on all days

(1962 PLC 1380).- Total period per week : 72 hours

2- Non continuous process run on basis of five and a half days per week:

- Normal working hours : 8 hours on each of the

five full days.

- Rest interval : hours on every day ofthe full five days.

- Overtime : 3 hour including half an

hour rest interval on all

five days.

- Normal work hours : 5 hours on half day.

- Total period per week : 65 hours.

THE FACTORIES AT, 1934


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THE FACTORIES AT, 1934

HOLIDAYS & LEAVES

1- Weekly Holiday: (Non-continuous process).

Sunday or on any day in three days before or after Sunday Notice to the inspector of factoriesnecessary.

2- Weekly Holiday (Continuous Process)

One day in a week depending upon the shift position.

A worker can be required to work for fourteen consecutive days without any weekly holiday if

the circumstances so require. The holiday so missed has to be allowed as compensatory

holiday as soon as the circumstances permit.

NB: Weekly holiday not encashable.

3- Annual leave (All factories)

14 days after completion of one yearsservice-accumulable upto 28 days.

4- Sick leave (all factories)16 days on half average pay in a year

5- Casual leave (all factories)

10 days with pay in a year.

6- Festival holidays (all factories)

As notified by Provincial Govt.


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W.P. SHOPS & ESTABLISHMENTS ORDINANCE, 1969(AS AMENDED)

1- Daily, weekly hours and overtime:

Save as otherwise expressly provided in this Ordinance, no adult employee shall be required

or permitted to work in any establishment in excess of nine hours a day and forty eight hours

a week, and no young person in excess of seven hours a day and forty two hours a week.

Overtime permissible but not more than 624 hours per annum in the case of an adult and

four hundred and sixty eight in the case of a young person in a year.

2- Payment for overtime:

At double the normal rate of wages for every hour.

Provided that no such overtime shall be payable to contract workers in receipt of wages

being calculated on piece rate basis.

3- Spreadover

The period of work of an adult and young person shall be so arranged that inclusive of the

interval for rest or meals under section 7, it shall not spreadover more than twelve hours in

the case of adult and nine hours in the case of young person.

Provided that the total period of work so worked out, in case of an adult worker, shall not

exceed sixty hours and by a young person fifty four hours a week.


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PERMANENT/TEMPORARY/CASUAL WORKMEN.CLASSIFICATION PREVIOUS LAW PRESENT LAW

1. Permanent workman A workman who has been engaged on

permanent basis and has satisfactorilycompleted the probationary period of three

months.

A workman who has been engaged on

work of permanent nature likely to last formore than nine months and has

satisfactorily completed a probationary

period of three months.

2. Temporary workman A workman who has been engaged for

work which is of an essentially temporary

nature likely to be finished within a limited

period.

A workman who has been engaged for

work which is of an essentially temporary

nature likely to be finished within a period

not exceeding nine months.

3. Probationer A workman provisionally employed to fill a

permanent vacancy in a post and has not

completed three months service therein.

Same as before.

4. Casual workman A workman whose employed to fill a

permanent vacancy in a post and has not

completed three months service therein.

Omitted.

5. Badli A workman appointed in the post ofpermanent workman or probationer who is

temporarily absent.

Same-but acquires permanent status ifemployed for continuous period of three

months or more or for 183 days during any

period of 12 consecutive months.

6. Apprentice A learner who is paid an allowance. An apprentice within the meaning of

apprenticeship ordinance, 1962.

7. Contract worker A worker who works on contract basis for a

specific period of remuneration to becalculated on piece rate basis.


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CONTRACT / PIECE RATED WORKER

1. Contract worker in receipt of wages being calculatedon piece rate basis not entitled to overtime payment

under section 9 of the W. P. Shops & Establishments

Ordinance, 1969.

2. On the other hand section 47(3) of the Factories Act,

1934 provides that the Provincial Govt. in

consultation with the industry concerned may fix timerates as nearly as possible equivalent to the average

rate of time rated workers, and the rates so fixed

shall be deemed to be the ordinary rates of those

workers for the purpose of overtime.


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W.P. SHOPS & ESTABLISHMENTS ORDINANCE, 1969

(AS AMENDED)Spreadover in a commercial establishment or office run on the basis of five and a half days a

week:1- Normal working hours on every day on the five full days: 8 hour

2- Rest interval in every full day: 1 hour after six hours working

3- Overtime on every full day: 2 hours

4- Normal working hours on the sixth half day: 5 hours.

Total work hours per week: 11 x 5 + 5 : 60

Three conditions have been observed in the above spreadover.

- One is rest interval after six hours working on every full day

- The other is the spreadover inclusive of rest interval shall not exceed twelve hours in a

day.

- The third is that the total period including the overtime hours

and rest intervals shall not exceed sixty hours in a week.

- The fourth is that rest interval is not included in normal work

hours but included in spreadover and the total period.


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W.P. SHOPS & ESTABLISHMENTS ORDINANCE, 1969

1. (a). Except as otherwise provided in this Ordinance every person employed in anyestablishment shall, in addition to the leave and holidays as may be admissible to him under

sections 14, 15 and 16 be allowed as holiday, one day in each week.

(b) No deduction on account of any holiday allowed under subsection (1) shall be made fromthe wages of any employee of any establishment.

(c) If an employee is employed on daily wages, he shall none the less be paid his daily wagesfor the holiday, and where an employee is paid on piece rate, he shall receive for theholiday the average of the wages received in the week.

(d) The choice of the closed day shall rest with employer who shall intimate such choice to theprescribed authority.

2. Opening and Closing hours:

(a) No establishment shall on any day remain open after 8 p.m.(b) No employee shall be required or permitted to work continuously in any establishment for

more than six hours in the case of an adult and for more than three and a half hours in thecase of a young person, unless he has been allowed an interval for rest or means of notless than one hour.

(c) Except with the permission of the Govt. on woman or young person shall be employed inany establishment otherwise between the hours of 9 a.m. and 7 p.m.


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CONTRACT LABOUR REGULATION AND ABOLITION ACT,

1970

DEFINITION OF CONTRACT LABOUR AND CONTRACTOR

Section 2(B)A workman shall be deemed to be employed as

contract labour in or in connection with the work of an

establishment when he is hired in or in connection with suchwork by or through a contractor.

Section 2 (C) Contractor in relation to an establishment

means a person who undertakes to produce a given result forthe establishment other than a mere supply of goods or articles

or manufactures to such establishment, through contract labour

or who supplies contract labour for any work of the

establishment and includes a sub-contractor.


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IRO, 2002

CONTRACTOR / EMPLOYER

Section 2 (x) (f) Employer in relation to an

establishment includes a contractor orestablishment of a contractor who or which

undertakes to procure the labour or services

of workmen for use by another establishmentfor any purpose whatsoever and for payment

in any form and on any basis whatsoever.


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COMPANIES PROFITS (WORKERS PARTICIPATION), ACT,

1968

The Act applies to every company engaged in an industrial undertaking which satisfies any one of

the following conditions:-

1) The number of workers employed by it at any time during a year is 50 or more.

2) The paid up capital of the company as on the last day of its accounting year is rupees 20lakhs or more. This condition now applies only to companies established before July 1, 2006.

For the companies established thereafter the condition will be 5 millions rupees or more.

3) The value of the fixed assets of the company (at cost) as on the last day of accounting

year is rupees forty lakhs or more. This condition also now applies to companies establishedbefore July 1, 2006. For companies established thereafter the condition will be rupees twenty

millions or more.

Every Company making profits in a year has to pay 5% of its net profit to the workers participation

fund for distribution among the workers according to their entitlement.


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Enforcement

Arrangements forOSH

Enforcement Arrangements for


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Federal Ministry ofLabour & Manpower

Directorate of Dock Workers Safety Central Inspectorate of Mines

Setting the overall policy andgoals, framing of new laws, review of

existing laws, adoption of internationalconventions and protocols.

ProvincialLabour/Industries/

Mines Departments

Supervision ofenforcement of laws andpolicies in the provinces

Inspectorates of Boilers

Directorates of Labour Welfare(Labour Inspectorates) Inspectorates of Mines

Enforcement Arrangements forOSH Services

Government Organizations engaged


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Federal:

Central Inspectorate of Mines:

Regulates OSH concerns in the mines in directfederal jurisdiction, i.e. oil-fields, gas-fields andmines of nuclear substances;

Conducts job-related training programmes forworkers, supervisors and managers regarding H2S

hazards, rescue work and to raise awareness aboutsafety laws.

Also serves as ILO-CIS National Centre and countryrepresentative on APOSHO for promotion of OSHculture.

g g gat OSH Services


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Federal:

Directorate of Dock Workers Safety:

Regulates safety of dock workers employed inloading and unloading cargo at ports and ships.

National Institute of Fire Technology:

Imparts training in fire safety/fire-fighting.

Government Organizations engaged

at OSH Services (contd.)

Government Organizations engaged at OSH Services


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Provincial:

Directorates of Labour Welfare:

Monitor OSH aspects in commercial and industrial undertakingsunder Factories Act, 1934 and West Pakistan Shops &Establishments Ordinance, 1969.

Centre for the Improvement of WorkingConditions and Environment/Occupational Safety& Health Centre:

Provide training on occupational safety, industrial hygiene, risk

assessment, chemical safety, selection and use of personalprotective equipments, ergonomics, first-aid and occupationaldiseases management etc.

Civil Defense Academy:

- -

g g g

G O i i


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Provincial:

Inspectorates of Mines:

Regulate OSH concerns in mines other than those of mineral oil

natural gas and nuclear substances.

Mine Rescue & Safety Training Centers:

Impart safety training to managers, supervisors and workers anprovide mine rescue services, under the umbrella of Inspectoratof Mines.

Inspectorates of Boilers:

To re ulate safet in ressure vessel/boiler o eration.

Government Organizationsengaged at OSH Services (contd.)



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Inspection Staff:

Labour Inspectors:

Small industrial and all commercial enterprisesunder West Pakistan Shops & EstablishmentsOrdinance, 1969.

Labour Officers/Technical Inspectors of Factories:

Factories under the Factories Act, 1934.

Inspectors of Minesunder Mines Act, 1923.

Enforcement Arrangements forOSH Services (contd.)


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Work on a devolution plan is under

way to empower the provincialgovernments for enhancing thesystem efficiency.

The institutional set-up would berevitalized and restructured in thelight of new policy framework.


OSH Services (contd.)

Pakistan: A Closer look at Labor


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Pakistan: A Closer look at Labor

Issues

Working Conditions

Workers of Pakistan are facing worst

working conditions including longworking hours, low wages and no

freedom of association

Practically, there is no or very few

implementation of labor laws, without

any freedom of association

Labor Rights in the Constitution


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Labor Rights in the Constitution The Constitution of Pakistan contains a range

of provisions with regards to labor rights found

in Part II: Fundamental Rights and Principles ofPolicy.

Article 11of the Constitution prohibits allforms of slavery, forced labour and child

labour;Article 17provides for a fundamental right

to exercise the freedom of association and

the right to form unions;Article 18proscribes the right of its citizensto enter upon any lawful profession oroccupation and to conduct any lawful trade or

business;

Labor Rights in the Constitution


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Labor Rights in the ConstitutionArticle 25lays down the right to equality

before the law and prohibition ofdiscriminationon the grounds of sex

alone;

Article 37(e)makes provision forsecuringjust and humane conditions

of work, ensuring that children and

women are not employed in vocationsunsuited to their age or sex, and for

maternity benefits for women in

employment.

Working Time and Rest Time


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Working Time and Rest Time

Under the Factories Act, 1934no adult

employee, defined as a worker who has completedhis or her 18th year of age, can be required or

permitted to work in any establishment in excess of

nine hours a dayand 48 hours a week. Similarly,

no young person, under the age of 18, can berequired or permitted to work in excess of seven

hours a day and 42 hours a week. The Factories

Act, which governs the conditions of work of

industrial labor, applies to factories, employing ten ormore workers. The Provincial Governments are

further empowered to extend the provisions of the

Act, to even five workers.

Minimum Age and Protection of Young Workers


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Article 11(3)of Pakistans Constitution expressly

prohibits the employment of children below the age

of fourteen yearsin any factory, mine or otherhazardous employment

The Factories Act, 1934allows for the employment

of children between the ages of 14 and 18 years

provided that each adolescent obtains acertificate of fitnessfrom a certifying surgeon. A

certifying surgeon, per section 52 of the Act, shall on

the application of any child or adolescent who

wishes to work in a factory, or, of the parent or

guardian of such person, or of the factory in which

such person wishes to work, examine such person

and ascertain his or her fitness for such work.

C l i


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OSH is placed high on theGovernmentsagenda.

A comprehensive programme has been

launched for updating policies and lawsand capacity building/strengthening ofinstitutional arrangements in the light

of international standards, innovativeapproaches and recognized practices toprovide better services in the field of

OSH.

Conclusions

Conclusions (contd )


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The policies and legislation layemphasis on providing an environmentconducive for development of a healthyand well-motivated productiveworkforce through achievement of

necessary goodwill and cooperation ofthe three partners government,employers and workers.

System improvement followed as acontinuous and reiterative process tomeet the needs of changing times.

Conclusions (contd.)


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Best wishes and Good Luck


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hank You

Documents

EnvironmentalProtection agency