1. How are the Employment Rights protected in the Constitution of the Islamic Republic of Pakistan (the “Constitution”)?
The Constitution of Pakistan contains a range of provisions with regards to employment rights found in Part II: Fundamental Rights and Principles of Policy.
(a) Article 11 prohibits all forms of slavery, forced labour and child labour;
(b) Article 17 provides for a fundamental right to exercise the freedom of association and the right to form unions;
(c) Article 18 prescribes the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business;
(d) Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone;
(e) Article 37(e) makes provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment.
2. In what manner Contract of Employment is defined?
The Industrial and Commercial Employment (Standing Orders) Ordinance 1968 provides every employer in an industrial or commercial establishment is required to issue a formal appointment letter which is actually a contract of employment at the time of employment ofeach worker. In the case of workers in other establishments, domestic servants, farm workers or casual labour engaged by contractors, their labour contracts are generally unwritten and can be enforced through the courts on the basis of oral evidence or past practice.
To continue reading please use the link below: