16/04/2012

DEPARTMENT OF MBA SUBMITTED BY 110142201. AHMAD AZHAR 11014220-049 110142202. OBAID UR REHMAN 11014220-117 110142203. WEJEEHA ARIF 11014220-106 110142204. ZEENAT RAZA 11014220-109 11014220-037 5. SHOAIB AHMAD 11014220-

2ND SEMESTER SUBMITTED TO MISS. MISS. SABEEN IRAM

HUMAN RESOURCE MANAGEMENT

[LABOUR LAWS]

Tables of Contents
1. INTRODUCTION .................................................................................................................................................... 2 1.2 2. 3. 4. THE NEED FOR LABOUR LAWS ........................................................................................................................................... 2

HISTORY OF LABOR LAWS ................................................................................................................................. 3 INTERNATIONAL LABOR LAWS ........................................................................................................................ 5 BASIC FOCUS ACT IN PAKISTAN ....................................................................................................................... 6 4.1 FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY ......................................................................................................... 6 4.2 OTHERS LABOR LAWS EXISTS IN PAKISTAN ....................................................................................................................... 6 4.2.1 Workmen compensation act 1923 (Amended 2009)................................................................................................. 6 4.2.2 Companies Act 1934 (Amended 1997)..................................................................................................................... 6 4.2.3 Payment of wages act 1936...................................................................................................................................... 6 4.2.4 Industrial Statistics act 1942 ................................................................................................................................... 6 4.2.5 West Pakistan maternity benefits ordinance 1958 ................................................................................................... 6 4.2.6 Minimum wages ordinance 1961 ............................................................................................................................. 6 4.2.7 Road Transport Workers Ordinance 1961 .............................................................................................................. 6 4.2.8 Industrial and commercial emplacement ordinance 1968....................................................................................... 6 4.2.9 WP minimum wages for unskilled worker ordinance 1969 ..................................................................................... 6 4.2.10 Worker children education ordinance 1972 ....................................................................................................... 7 4.2.11 Employment of children act 1991 ....................................................................................................................... 7 4.2.12 Bounded labor system (Abolition) act 1991 ........................................................................................................ 7 4.2.13 Industrial relationship act 2002 (Amended 2010) .............................................................................................. 7

5. 6.

ORGANIZATION WORKING IN PAKISTAN ....................................................................................................... 8 REFERENCES ......................................................................................................................................................... 9

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1.

Introduction
Labour law (also called labor law or employment law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. Up until a century ago practically all labor legislation favored the employing classes. The evils growing out of the English industrial revolution, however, forced Parliament to give attention to legislating for employees, particularly for women and children. Gradually there grew up in England a system of labor laws that had for their end the regulation of hours and conditions of work. Women, for example, were forbidden to work in mines, while the employment of children under a certain age was prohibited. The influence of organized labor in that country, aided by a commendable spirit among the governing classes, has done much during the past century to make English labor laws the best in the world.

1.2

The Need for Labour Laws The days where the laborers toiled hard for a pittance are in for a welcome change. Some of the legislations are intended to set the imbalance right. The odds have always been stacked against them. Ever since industrialization became a force to reckon with, the working class has been at the receiving end of the ill treatment meted out to them by their employers. The fact that they were illiterate, unsure of themselves and disunited did nothing to improve their situation. They were systematically exploited and discriminated against by hordes of employers, for whom profits took precedence over everything else, including the health and welfare of a worker. Workers were made to work for long hours under absolutely inhuman conditions. They were paid a pittance for the work they put in. All too often, a proportion of this pittance was taken away under one pretext or the other. Workers could do nothing about this injustice. They had no right to discuss the terms and conditions of their employment. The constant influx of migrants, from rural to urban areas in search of employment, ensured that employers were always assured of cheap labor and a submissive working class. Anyone who refused to work under these conditions would lose his job to another worker grateful for the opportunity to earn a living. The demand for consumer goods rose around the two World wars. Employers felt the need to go in for large-scale production in order to cope with the demand. It was at this time that workers realized that if they were to band together, they would be able to demand more equitable terms and conditions of employment. This realization led to a demand for higher wages and better working conditions. When employers refused to heed these demands, strikes and lockouts became the commonplace.

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2.

History of labor laws

The concept of protecting workers from the perils of labor environments dates all the way back to 14th century Europe. The first example of the modern labor rights movement, though, came in response to the brutal working conditions that accompanied the onset of the Industrial Revolution in the 18th and 19th centuries. In 1802, the Parliament of the United Kingdom passed what is now known as the English Factory Act. The act sought to regulate the workday of apprentices by restricting work hours to 12 per day. In doing so, the English Factory Act served as a precursor to the models of international labor standards seen today. Minimal regulations similar to those found in English legislation subsequently became increasingly commonplace among 19th century industrializing nations. Early attempts at the provision of labor standards were limited in scope, though. Such conventions focused primarily on improving working conditions in relation to hours of work, women's and children's labor, and the use of hazardous materials. While it was evident that support for workers rights was inconsistent across international boundaries, activists originally only employed the use of moral suasion to deal with differences in labor standards. It was not until the latter parts of the 19th century that efforts were made to implement uniform standards on an international scale. The labour movement or labor movement is a broad term for the development of a collective organization of working people, to campaign in their own interest for better treatment from their employers and political governments, in particular through the implementation of specific laws governing labor relations. Labour unions and trade unions are common names for the specific collective organizations within societies, organized for the purpose of representing the interests of workers and the working class. The first moves toward international labor conventions date back to the beginning of the 19th century. Robert Owen in England, J.A. Blanqui and Villerme in France, and Ducepetiaux in Belgium are considered precursors to the idea of international regulation of labor matters. However, David Legrand, an industrialist from Alsace, put forward this idea most systematically, defending it and developing it in repeated appeals addressed to the governments of the main European countries from 1840 to 1855. In the second half of the 19th century, the idea was first taken up by private associations. Thereafter, a number of proposals to promote international regulation of labor matters were made in the French and German parliaments. The first official initiative came from Switzerland where, following proposals made in 1876 and 1881 and in consultation with other European countries, the Swiss government suggested convening a Conference on the matter in Bern in May 1890. The establishment of an International Association for the Legal Protection of Workers, the seat of which was in Basle, was followed by a congress held in Brussels in 1897. The activity of this private organization led the Swiss government to convene international conferences in 1905 and 1906 in Bern, where the first two international labor conventions were adopted. One of these related to the prohibition of night work for women in industrial employment, and the other to the prohibition of the use of white phosphorus in the manufacture of matches. During World War I, the trade union organizations of both sides, as well as those of neutral countries, insisted that their voice be heard at the time of the settlement of peace, and that the peace treaties contain clauses for improving the condition of workers. The peace conference entrusted the examination of this question to a special commission known as the Commission on International Labor Legislation. The work of the Commission led to the inclusion in the Treaty of Versailles and the other peace treaties of Part XIII, which dealt with labor matters. This section of the treaties provided for the establishment of an International Labor Organization, which might adopt conventions and recommendations in this field. Conventions would be binding only on those states which ratified them, adopted by the Peace Conference in April of 1919 In October 1919, the International Labor Conference met in Washington to adopt the first Conventions and to appoint the Governing Body. Since then, the International Labor Conference has met regularly in general once a year, except during the Second World War. At the end of the Second World War, the International Labor Conference adopted in May 1944, in Philadelphia, a

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Declaration which defined again the aims and purposes of the Organization. This Declaration reaffirmed in particular, That labor is not a commodity, That freedom of expression and of association are essential to sustained progress, That poverty anywhere constitutes a danger to prosperity everywhere and That the war against want requires to be carried on with unrelenting vigor within each nation, and by continuous and concerted international effort in which the representatives of workers and employers, enjoying equal status with those of governments, join them in free discussion and democratic decision with a view to the promotion of the common welfare.

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3.

International Labor Laws

International labor standards refer to conventions agreed upon by international actors, resulting from a series of value judgments, set forth to protect basic worker rights, enhance workers job security, and improve their terms of employment on a global scale. a theoretical standpoint, it has been maintained, on ethical grounds, that there are certain basic human rights that are universal to mankind. By subject it is divided in 23 different categories which are named as Final Articles Conventions, Dockworkers, Elimination of child labour and protection of children and young persons, Employment policy and promotion, Employment security, Equality of opportunity and treatment, Fishermen, Forced labour, Freedom of association, collective bargaining, and industrial relations, HIV and AIDS, Indigenous and tribal peoples, Labour administration and inspection, Maternity protection, Migrant workers, Occupational safety and health, Seafarers, Social policy, Social security, Specific categories of workers, Tripartite consultation, Vocational guidance and training, Wages, Working time. Freedom Of Association, Collective Bargaining and Industrial Relations Freedom Of Association (1975) Collective Bargaining (1921) Industrial Relations (1978) Forced Labour (1930) Elimination Of Child Labour and Protection Of Children and Young Persons Minimum age convention (1973) Medicinal Examination of Young person (1946) Equality Of Opportunity and Treatment Equal remuneration convention (1951) Workers with families responsibilities convention (1981) Employment policy and promotion Employment policy convention (1964) Private Employment policy convention (1997) Labour administration (1978) Vocational guidance and training Paid education leave convention (1974) Human resource development convention (1975) Employment security Termination of employment convention (1982) Wages Protection of wages convention (1949) Minimum wage fixing convention (1970) Working time Part time work convention (1994) Holidays with pay convention (1970)

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4.

Basic Focus act in Pakistan

4.1 Fundamental Rights and Principles of Policy Pakistani Constitution contains a range of Provisions with regard to labor rights founded in Fundamental Rights and Principles of Policy in Part two. 4.2 Others Labor laws Exists in Pakistan 4.2.1 Workmen compensation act 1923 (Amended 2009) It applies to all workers of Railways, plantations, Factories, Mines, loading, unloading and in post office. 4.2.2 Companies Act 1934 (Amended 1997) An Act to consolidate and amend the law relating to companies and certain other associations. This act contains seven chapters and deals with health and safety, Restrictions on Working Hours, holidays with pay. 4.2.3 Payment of wages act 1936 This regulates payment of wages to certain classes of workers whose monthly wages do not exceed Rs. 5000/- P.M. 4.2.4 Industrial Statistics act 1942 This Act facilitates collection of statistics of industrial units. 4.2.5 West Pakistan maternity benefits ordinance 1958 This provides benefits to women worker and regulates their employment and rights during antinatal and post-natal leave and allowances. 4.2.6 Minimum wages ordinance 1961 This law regulates wages of all categories of workers. Minimum wages board is established as separate statutory body to fix wages for the working class. 4.2.7 Road Transport Workers Ordinance 1961 This protects the right of drivers, cleaners and conductors engaged in the road transport industries. In 1978 Baluchistan Government framed separate rules. 4.2.8 Industrial and commercial emplacement ordinance 1968 This covers all industrial and commercial establishments where 20 or more workers are employed. Under this law workers have been classified as permanent, temporary, casual and apprentices. 4.2.9 WP minimum wages for unskilled worker ordinance 1969 This law requires fixing and regulating minimum wages for unskilled workers. At present minimum wages for unskilled workers fixed to Rs.5000/- per month.

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4.2.10 Worker children education ordinance 1972 This ordinance provides scholarship for workers children. At present Rs.100/- per worker per annum are being collected from the employers where worker getting wages up to Rs.5000/- per month. 4.2.11 Employment of children act 1991 This law regulates certain kind of job for working children whereas prohibits certain occupations for them. 4.2.12 Bounded labor system (Abolition) act 1991 This Act prohibits forced labor. Bonded labor rules are framed in the year 1995 to regulate the system efficiently. District level committees are constituted to eliminate bonded labor. 4.2.13 Industrial relationship act 2002 (Amended 2010) This regulates formation of association by the workers and employers.

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5.

Organization working in Pakistan

There are major four NGOs are working in Pakistan for labour welfare a. Pakistan Institute of Labour Education and Research (PILER) b. The Pakistan Fisher folk Forum c. Labour Education Foundation (LEF) d. The Centre for Improvement of Working Conditions & Environment (CIWCE) We select the industry named as Bata and the labour laws working in Bata industries are as follows

Labour Legislation Contract of Employment Termination of the Contract Working Time and Rest Time Paid Leave Maternity Leave and Maternity Protection Minimum Age and Protection of Young Workers Equality Pay Issues Workers' Representation in the Enterprise Trade Union and Employers Association Regulation Collective Bargaining and Agreements Collective Labour Disputes Strikes and Lock-outs Settlement of Individual Labour Disputes

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6. References
Donnelly, P. (1997). Child labour, sport labour. International Review for the Sociology of Sport, 32(4), 389406. Hepple, B. A. (2005b). Labour laws and global trade. Hart publishing. Noe, R. A., Hollenbeck, J. R., Gerhart, B., & Wright, P. M. (2007). Fundamentals of human resource management. McGraw-Hill New York. en.wikipedia.org. (2012, May 28). Retrieved May 27, 2012, from Wikipedia: http://en.wikipedia.org/wiki/International_labor_standards http://www.labourunity.org/labourlaws.htm. (2012, May 28). Retrieved May 25, 2012, from www.labourunity.org: http://www.labourunity.org/labourlaws.htm Ilo. (2012, May 27). Retrieved May 26, 2012, from Ilo.org: http://www.ilo.org/ilolex/english/subjectE.htm labour news. (2012, May 28). Retrieved May 26, 212, from labournews.net: http://www.labournews.net/lnv2/index.php?option=com_content&view=category&layout= blog&id=26&Itemid=113 wikipedia.org. (2012, May 28). Retrieved May 26, 2012, from Wikipedia: http://en.wikipedia.org/wiki/Labour_law chyts. (2012, May 28). Scribd.com. Retrieved May 26, 2012, from Scribd: http://www.scribd.com/doc/27256311/The-Purpose-of-Labour-Law

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