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SYNOPSIS This study is based upon the labour laws implicated in Black Horse Paints which has been in operation in Pakistan for the past 40 years. I have taken two portions of the labour laws, first I have implied the FACTORYS ACT, 1934 on Black horse paints factory and after doing this I have taken in to consideration the Black horse paints, 5 shops and implemented THE SHOPS AND ESTABLISHMENT ORDINANCE, 1969 on it. I have taken each law and applied it on our business and then in the end have given my recommendations on how these laws could be applied in a better way to create a safer, healthier and more secure environment for our labour.

2. INTRODUCTION Basically, I am the third generation which is involved in this paints business. It all started from my Grandfather who brought the trend of colour paints in subcontinent before partition. He used to import the water-based paints from abroad. My father, Mr. Chaudhry Muhammad Shabbir was settled abroad in the UK. After partition he came to Pakistan and brought a new technology of producing paints with him. This technology turned out to be the key to our success in those times. It produced emphatic quality paints with the minimum period of time. In the beginning my father started the business on a small scale due to limited resources available. The business grew with the passage of time, Black horse paints got popularity mainly due to applying new strategies and not compromising on our quality no matter how time consuming and rigorous processes it goes through in the quality control department. Black horse paints was launched as a brand name in 1971. It is supplied to over 150 dealers throughout Pakistan and we have got 5 display centres of our own as well.

2.1. TYPES OF PRODUCTS Black horse paints is producing a variety of decorative paints and other items for interior and exterior walls, windows and doors. 1. Oil based paints 1.1.Synthetic Enamel 1.2.Matt finish Enamel 1.3.Metallic paints 2. Water based paints 2.1.Vinyl Emulsion 2.2.Plastic Emulsion 2.3.Weather King 3. Texture. 4. Filling. 5. Wall primer. 6. Red oxide primer. 7. Paint remover. 8. Wood lacer. 9. Varnish. 10. Steel putteen. 11. Water based wall primer.

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VISION STATEMENT

To be market leaders in the paints sector 2.3. MISSION STATEMENT

Our mission being Working hard and plugging away towards achieving a common company goal and dedication towards acquiring our core mission of producing culminating quality paints

3. APPLICATION OF FACTORIES ACT IN BLACKHORSE PAINTS It is an act of consolidating and amending the law regulating labour in factories. This act may be called the factories act, August 20, 1934. It extends to the whole of Pakistan. It shall come into force on 1st January 1935.

FACTORY Factory means any premises, including the precincts thereof, whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on but does not include a mine, subject to the operation of mines act 1923. According to this definition Black horse paints fulfils the criteria of being a factory. The factory has 68 employees and is in running state during 12 months. The occupier of the factory is my father, Chaudhry Muhammad Shabbir who has ultimate control over the affairs of the factory.

MACHINERY Black horse paints contains various plant whereby which the power is generated, transformed or applied to produce paints of exhibit quality.

MANUFACTURING Black horse Paints contains manufacturing process for making, altering, repairing, finishing or packing or otherwise treating paints with a view to its use, sale, transport and it delivery.

ADULT A person who has completed his seventeenth year comes in the category of an adult. There are 62 adult workers in Black horse paints factory. Fifty seven of these workers are male while five of these workers are female.

CHILD A person who has not completed his fifteenth year comes in the category of a child. There are three children workers in Black horse paints factory.

ADOLESCENT A person who has completed his fifteen years but not yet completed his seventeenth year comes in this category of Adolescent. There are 5 adolescent workers in Black horse paints factory.

3.1.LEGAL REQUIREMENTS FOR HEALTH OF WORKMANS UNDER FACTORYS ACT

CLEANLINESS Blackhorse factory is always kept clean and free from effluvia arising from drain, privy or other nuisance. In particular i. Accumulation of dirt and refuse is removed daily by sweeping or by any other effective method from the floors, benches and staircases and disposed of in a suitable manner. ii. iii. The floor of every work-room is cleaned twice every week by washing. Where the floor is liable to become wet in the course of any manufacturing process special drainage system is provided. iv. All walls, partitions and ceilings are repainted or revarnished at least once in 5 years. v. The white washing or coloured washing is done at least once in every fourteen weeks.

DISPOSAL OF WASTE AND EFFLUENTS Effective arrangements are made in the Black Horse factory for the disposal of waste and effluents due to the manufacturing process being carried on therein.

VENTILATION AND TEMPERATURE The temperature remains on the higher side in Black horse paints factory. This is due to the high temperature in Lahore city and in particular due to the heat emitted by the manufacturing machines. The temperature rises up to 40 degrees during summer in the factory area. Although there is adequate ventilation by the circulation of fresh air but the temperature is still an issue.

DUST AND FUME An exhaust appliance is installed near every enormous machine to prevent the workers from dust and fumes. Furthermore no combustion engine is installed in the black horse paints factory to prevent the workers from inhaling the dust and fumes.

OVERCROWDING The Black horse Paints factory is spread over an area of 5 acres and the construction has been done on 4 acres of the total area. As a result there is no chance of overcrowding. The distance between workers is much more than 350 cubic feet.

LIGHTING Black horse paints factory consists of sufficient and suitable lighting both natural and artificial.

DRINKING WATER Arrangements have been made at Black horse paints to provide and maintain suitable points conveniently situated for all workers employed therein a sufficient supply of whole-some drinking water.

LATRINE , URINALS AND SPITTOONS Sufficient latrines and urinals of prescribed types are provided at Black horse paints. They are situated and accessible to workers at all times while they are in the factory. There are no spittoons available for the employees. Factory consists of pakhtoons to be as a good
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percentage of the employees so they do need to spit because of naswar in their mouth the whole day. So there is a necessity for Spittoons in the Black horse factory.

PRECAUTION AGAINST INFECTIOUS OR CONTAGIOUS DISEASE Each worker is suppose to be vaccinated and inoculated against such diseases and at such intervals as maybe prescribed. Unfortunately this is not practiced at Black horse paints. Furthermore there is no medical officer available at the factory so no hygienic card is issued.

PROVISION OF CANTEEN There is a canteen in BackHorse Paints which opens for just one hour. The foodstuff is served therein and there are no charges for the food, it is absolutely free.

3.2.HEALTH RECOMMENDATIONS 1. Each worker should be vaccinated and inoculated against contagious diseases. 2. There should be a medical officer present at the factory and he should issue a hygienic card after 6 months. All of this would be carried out by the employer himself on his own expense. 3. There is a dire need for spittoons in the factory. The pathans spit everywhere because of naswar so there is a need for spittoon in all parts of the factory. Furthermore ample waste bins are needed as well. There are 6 waste bins present in the factory, I think there number should increase to at least 10. 4. The temperature is a big issue in the Black horse factory. The temperature can rise up to 40 degrees in summer. Coolers should be installed at each corner in the factory to lower the down the temperature.

3.3.SAFETY PROVISIONS FOR WORKMEN

PRECAUTIONS INCASE OF FIRE 1. There are four fire extinguishers installed in the factory which are evidently not enough. 2. Black horse paints factory is provided with means of escape in case of fire.
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3. Sand bins are present in ample amount in the factory. 4. Clear indications are present in case of fire.

FENCING OF MACHINERY In every factory the machinery should be securely fenced by the safeguards of substantial construction which shall be kept in position while the parts of machinery are required to be fenced are in motion, namely : 1. Every moving part of machinery. 2. Fly wheel. The machines at Black horse paints factory are sort of mixers which are mainly secure from the top by safety lids as well. This takes the danger factor out from the whole scenario.

WORK ON OR NEAR MACHINERY IN MOTION In Black horse paints factory no female worker, child or adolescent are allowed to go near machinery. These workers are only hired for Packing and laminating of paints boxes.

SELF ACTING MACHINES Self acting machines are necessary for the transfer of paints but the minimum distance of 18 inches is not kept between the machine and workman.

CHECKING OF EVERY NEW MACHINERY Whenever some new machinery is installed a skill full worker should check every screw, bolt and every key of such machine and after inspection only the permission of its usage is given. In black horse paints factory the machine is checked for proper usage but not to the extent of checking every screw and bolt.

LIFT SYSTEM The lifts are installed in black horse paints factory for the storage of material after its production. The lifts are of good mechanical construction, sound material and adequate strength. They are properly maintained however they are checked a bit late according to the factorys act 1934, that is after a year.

FLOORS, STAIRS AND MEANS OF ACCESS All floors, stairs, passages and gangways are be of sound construction and properly maintained and where it is necessary to ensure safety steps, stairs, ladders, passages and gangways are provided with substantial handrails.

EXCESSIVE WEIGHTS No person is employed in Black horse paints factory to lift, carry or move any load so heavy as to be likely to cause him injury.

PROTECTION OF EYES There is no activity done in Black horse paints factory that can be harmful to a persons eyes.

PROVIDENCE OF SHELTERS DURING REST TIME There is no rest time given in the Black horse factory except the time for eating of meal. For that reason there are no shelters provided except for the canteen. If for some reason the production has stopped (e.g load shedding) the employees would just sit in groups on the floor.

RESTRICTIONS ON WORKING HOURS 1. In the Blackhorse factory each worker works for 54 hours a week which according to factorys act is illegal. 2. Each adult works for 9 hours a day. 3. The children work in the factory for 54 hours as well which is against the factory act 1934.

3.4. SAFETY RECOMMENDATIONS 1. Clear and effective audible means should be present in the factory to give warning in case of fire. 2. Some of the packing machines need to be more secure through wearing safety gloves as it involves heat.

3. I talked to the owner of the Black horse paints factory (my father) about the illegality of a child working for more than 5 hours a day. His response to this was that would these children agree to this as they would be paid much lesser amount of money because of the lesser working hours. So for this purpose I went to the kids working in the factory and asked them what they wanted. Their reply was that they want to work the same time the adults do. 4. A distance of 18 inches should be kept between the machine and the workman and I shall ensure this myself that it is carried out. 5. The lift should be checked thoroughly after every 6 months and a register should be kept containing the prescribed particulars of every such examination. 6. There should be providence of shelters during the rest time. 7. I talked to the owner of the Black horse paints factory (my father) about the illegality of a worker working for more than 8 hours. After a long session I made him agree to pay the workers overtime for the 6 additional hours they work every week. 8. There should be at least 12 fire extinguishers which are easily accessible placed on the walls of the factory. These fire extinguishers should be checked after every 6 months for proper usage.

3.5.INSPECTION Inspection was done just once in the Black horse factory that was years ago. At that time the inspector fined us for some unknown reasons. Since then the inspectors are paid their share on time.

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4. THE SHOPS AND ESTABLISHMENT ORDINANCE, 1969

APPLICABILITY This ordinance is applicable on all 5 of our shops because there are 6 employees in 2 of our shops and 5 employees in 3 of the shops. This ordinance is regarding and related to the following 2 conditions. 1. Conditions of working hours. 2. Condition of working atmosphere.

SHOP It means any premises which is used completely or partially for 1. Wholesale 2. Retail trade 3. Retail sale of all the commodities either for cash or credit. It also includes any place where services are rendered to the customers. According to this a black horse paints shop comes in the category of retail sale.

WEEKLY HOLIDAYS According to section-6 1. Every establishment or every shop shall remain close for at least 1 day in each week. For a Black horse shop this day is Sunday. 2. Every person employed in any establishment over shop shall be admissible for 1 day holiday in each week. All the employees are off on Sundays. 3. There shall be no deduction on account of such holiday for permanent employees. There is no deduction on any holiday that is approved by the shop keeper of Black horse paints. However if the employee has not been granted the holiday than that amount of money would depend on discretion of the shop keeper whether he thinks his reason for a holiday is valid or not. 4. No establishment or shop will remain open after 8 p.m under section-7 of the ordinance. However 30 min. Extra maybe given to the customers who are present within the premises of the shop. A Black horse paints shop closes at 8 p.m.
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5. The timings for the Black horse shop are clearly displayed at the entrance of the shop. 6. The wages are paid to the employees and its record is kept on a separate register specifically kept for this purpose.

TERMINATION OF EMPLOYEE AND LEAVES 1. In a Black horse shop a few warnings are given to the employee on unsatisfied performance. The employee is usually terminated after that without giving him any notice. What happens usually is that if an employee comes to know that he is getting fired, he would stop working altogether. 2. All other employees may be terminated without notice however for the purpose of claim such employee should be given an opportunity or any amount or wage earned by such worker shall be paid within 2 working days. No wage remains unpaid in a Black horse factory. 3. As per factories act same leaves are applicable and given in the Black horse shops 3.1. Annual leaves 3.2.Casual or sick leaves 3.3.Festival holidays. 4. Under section-24 Black horse shops are registered with the inspector.

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5. REFERENCES
Special thanks to my father, Chaudhry Muhammad Shabbir(CEO of Black horse paints) for providing me with valuable information. Labour code of Pakistan by M.Shafi and P.Shafi Complete sets of labour laws by A.k khan http://www.labourunity.org/labourlaws.htm http://masoodandmasood.com/2010/06/what-are-the-rights-of-the-labourers-employees-inpakistan/

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