Labor Legislation and Laws

8/2/2019 Labor Legislation and Laws

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Labor Legislation and Laws


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Labor legislation is the responsibility of both

Federal and Provincial governments

Total labor force in Pakistan

37.15 million people

47% agriculture sector

10.5 % in manufacturing

42.5% in various other professions

(source: labourunity.org)

Labor Laws Pakistan


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Article 11 of the constitution prohibits child labor, forced labor and slavery

Article 17 right to exercise freedom of association and unions

Article 18 right to enter any lawful profession, occupation, business

Article 25 prohibits discrimination on basis of gender

Article 37 (e) provision for just and humane work conditions

Laws of hiring & firing

Laws of working hours (7hrs/day. 42 hrs/week factories act)

Leaves paid

Child labor (below 14 years) Strikes and Lock-outs

Labor Laws Pakistan


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Discrimination on the basis of race, colour, religion, sex or national origin

Article 38 aims at achieving equality

Equal Opportunity Employment


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Defenses against discrimination allegations

Disparate treatment intentional discrimination

Disparate impact neutral employment policy creating an adverse impact.

(college degree requirement). Not intentional.

Adverse Impact: the overall impact of employer practices that result in higher

percentage of a particular groups members being rejected or not promoted.

Adverse impact can be shown through:

Disparate rejection rates

Restricted policy

Population comparison

Mc-Donnell-Douglas Test

Equal Opportunity Employment


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BFOQ - requirement that an employee be of a

certain religion, sex, age or national origin

which is necessary for organizations

functioning

Business Necessityproof that there is an

overriding business purpose for the

discriminatory practice and should thereforebe acceptable

Bona Fide Occupational Qualification


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Good intentions are no excuse!!

Can not hide behind collective bargaining

Agreement may be the best option

Handling discrimination charges

Diversity


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Managing Workforce Diversity

Means maximizing diversity potential

advantages and minimizing the potential

barriers

Five set of actions:

Provide strong leadership

Assess the situation

Provide diversity training & evaluation

Change culture & management systems

Evaluate the diversity management programs


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Affirmative Actions

Take on extra efforts to hire & promote protectedgroups

Steps in Affirmative Action Program

Issue an EEO policy Appoint a top official to direct the program

Publicize it

Survey existing employees to determine where AA is

needed Develop goals & timetable

Develop specific programs to achieve the goals


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So wheres the Difference..?

Managing Diversity

Affirmative Action

Is voluntary

Focus on productivity, efficiency

& quality

Includes all elements of diversity

Aims at changing systems &

operations

Offer perception of equity

Long-term & ongoing

Is grounded in individuality

Is often mandatory Focus on legal, social & moral

justifications

Includes only race, gender &

ethnicity

Emphasizes changing the mix ofpeople

Offers a perception of

preferences

Shortterm & limited

Is grounded in assimilations


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Recruitment

Word of mouth

Misleading information

Help wanted ads

Selectionstandards Educational requirements

Tests

Preference to blood relations

Height, weight and physical characteristics

Criminal records

Application forms

Some discriminatory practices


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Existing employees

Promotions

Transfers

Layoffs

Personal appearance

Dress

Hair/beard

Uniforms

Some discriminatory practices

Documents

Labor Legislation and Laws