1.

LABOUR LAWS IN PAKISTANThe Constitution of Pakistan contains a range of provisions with regards tolabour rights found in Part II: Fundamental Rights and Principles of Policy. Article 11 of the Constitution prohibits all forms of slavery, forcedlabour and child labour; Article 17 provides for a fundamental right to exercise the freedom ofassociation and the right to form unions; Article 18 proscribes the right of its citizens to enter upon any lawfulprofession or occupation and to conduct any lawful trade or business; Article 25 lays down the right to equality before the law and prohibitionof discrimination on the grounds of sex alone; Article 37(e) makes provision for securing just and humane conditions ofwork, ensuring that children and women are not employed in vocationsunsuited to their age or sex, and for maternity benefits for women inemployment. 2. Labour LegislationPakistans labour laws trace their origination to legislation inheritedfrom India at the time of partition of the Indo-Pak subcontinent. Thelaws have evolved through a continuous process of trial to meet thesocio-economic conditions, state of industrial development, populationand labour force explosion, growth of trade unions, level of literacy,Governments commitment to development and social welfare. Tomeet the above named objectives, the government of the IslamicRepublic of Pakistan has introduced a number of labour policies, sinceits independence to mirror the shifts in governance from martial law todemocratic governance. Under the Constitution labour is regarded as aconcurrent subject, which means that it is the responsibility of boththe Federal and Provincial Governments. However, for the sake ofuniformity, laws are enacted by the Federal Government, stipulatingthat Provincial Governments may make rules and regulations of theirown according to the conditions prevailing in or for the specificrequirements of the Provinces. The total labour force of Pakistan iscomprised of approximately 37.15 million people, with 47% within theagriculture sector, 10.50% in the manufacturing & mining sector andremaining 42.50% in various other professions. 3. Contract of EmploymentWhile Article 18 of the Constitution affords every citizen with the rightto enter upon any lawful profession or occupation, and to conduct any lawful trade or business, the Industrial and Commercial Employment(Standing Orders) Ordinance was enacted in 1968 to address there relationship between employer and employee and the contract ofemployment. The Ordinance applies to all industrial and commercialestablishments throughout the country employing 20 or more workersand provides for security of employment. In the case of workers in otherestablishments, domestic servants, farm workers or casual labourengaged by contractors, their labour contracts are generally unwrittenand can be enforced through the courts on the basis of oral evidence orpast practice. Every employer in an industrial or commercialestablishment is required to issue a formal appointment letter at thetime of employment of each worker. The obligatory contents of eachlabour contract, if written, are confined to the main terms andconditions of employment, namely nature and tenure of appointment,pay allowances and other fringe benefits admissible, terms andconditions of appointment. 4. Termination of the ContractThe services of a permanent worker cannot be terminated for anyreason other than misconduct unless one months notice or wages inlieu thereof has been furnished by the employer or by the worker ifhe or she so chooses to leave his or her service. One months wagesare calculated on the basis of the average wage earned during the lastthree months of service. Other categories of workers are not entitledto notice or pay in lieu of notice. All terminations of service in anyform must be documented in writing stating the reasons for such anact. If a worker is aggrieved by an order of termination he or she mayproceed under Section 46 of the Industrial Relations Ordinance 2002,aimed at regulating the labour-management relations in the country,and bring his or her grievance to the attention of his or her employer,in writing, either him or herself, through the shop steward or throughhis or her trade union within three months of the occurrence of thecause of action. Forms of termination have been described asremoved, retrenched, discharged or dismissed from service. Tosafeguard against any colorful exercise of power, victimization orunfair labour practices, the Labour

Courts have been given powers toexamine and intervene to find out whether there has been a violationof the principles of natural justice and whether any action by theemployer was bonafide or unjust.

5. Working Time and Rest TimeWorking hoursUnder the Factories Act, 1934 no adult employee, defined as aworker who has completed his or her 18th year of age, can berequired or permitted to work in any establishment in excess ofnine hours a day and 48 hours a week. Similarly, no youngperson, under the age of 18, can be required or permitted towork in excess of seven hours a day and 42 hours a week. TheFactories Act, which governs the conditions of work ofindustrial labour, applies to factories, employing ten or moreworkers. The Provincial Governments are further empoweredto extend the provisions of the Act, to even five workers. 6. Working Time and Rest TimeWhere the factory is a seasonal one, an adult worker shall work nomore than fifty hours in any week and no more than ten hours in anyday. A seasonal factory, per section 4 of the Factories Act is that whichis exclusively engaged in one or more of the following manufacturingprocesses, namely, cotton ginning, cotton or cotton jute pressing, themanufacture of coffee, indigo, rubber, sugar or tea. However, if suchadult worker in a factory is engaged in work, which for technicalreasons must be continuous throughout the day, the adult worker maywork no more than fifty-six hours in any week. Section 8 of the WestPakistan Shops and Establishments Ordinance, 1969 likewise, restrictsweekly work hours at 48 hours. 7. Working Time and Rest TimeThe Shops and Establishments Ordinance regulates persons employed inshops and commercial establishments, who are neither covered by theFactories Act nor by the Mines Act. The Ordinance is exclusive in thewhole of Pakistan except for the Federally Administered Tribal Areas.Section 22-B of the Mines Act, 1923 also fixes weekly hours of work forworkers at 48 hours or 8 hours each day, with the limitation of spread-over 12 hours and interval for rest for one hour every six hours.Section 22-C further limits the spread-over to 8 hours for work donebelow ground level. In factories, the periods and hours of work for allclasses of workers in each shift must be notified and posted in aprominent place in the principal language in the industrial orcommercial establishment. The law further provides that no workershall be required to work continuously for more than six hours, unlesshe or she has had an interval for rest or meals of at least one hour.During Ramadan (fasting month), special reduced working hours areobserved in manufacturing, commercial and service organizations. 8. Paid LeaveAs provided in the Factories Act, 1934, every worker who hascompleted a period of twelve months continuous service in a factoryshall be allowed, during the subsequent period of twelve months,holidays for a period of fourteen consecutive days. If a worker fails inany one such period of twelve months to take the whole of theholidays allowed to him or her, any holidays not taken by him or hershall be added to the holidays allotted to him or her in the succeedingperiod of twelve months. A worker shall be deemed to havecompleted a period of twelve months continuous service in a factorynotwithstanding any interruption in service during those twelvemonths brought about by sickness, accident or authorized leave notexceeding ninety days in the aggregate for all three, or by a lock-out,or by a strike which is not an illegal strike, or by intermittent periodsof involuntary unemployment not exceeding thirty days in theaggregate; and authorized leave shall be deemed not to include anyweekly holiday allowed under section 35 which occurs at beginning orend of an interruption brought about by the leave. 9. Maternity Leave and Maternity ProtectionWhile article 37 of the Constitution makes reference to maternitybenefits for women in employment, there are two central enactments,one federal and the other provincial providing maternity benefits towomen employed in certain occupations. The Maternity BenefitOrdinance, 1958 stipulates that upon the completion of four monthsemployment or qualifying period, a worker may have up to six weeksprenatal and postnatal leave during which she is paid a salary drawn onthe basis of her last pay. The Ordinance is applicable to all industrialand commercial establishments employing

women excluding the tribalareas. It also places restrictions on the dismissal of the woman duringher maternity leave. Similarly, the Mines Maternity Benefit Act, 1941 isapplicable to women employed in the mines in Pakistan.

10. Other Leave EntitlementsIn addition to the 14 days of annual leave with pay, the Factories Act,1934 provides that every worker is entitled to 10 days casual leavewith full pay and further 16 days sick or medical leave on half pay.Casual leave is granted upon contingent situations such as suddenillness or any other urgent purpose. It should be obtained on priorapplication unless the urgency prevents the making of such application.As a customary practice, causal leave is approved in most cases. Sickleave, on the other hand, may be availed of on support of a medicalcertificate. Management should not refuse the leave asked for if it issupported by a medical certificate. In addition to the leaveentitlements, workers enjoy festival holidays as declared by theFederal Government. The Provincial Government under section 49 ofthe Factories Act, 1934, states all festival holidays, approximately 13or as further declared, in the Official Gazette. Additionally, everyworker is entitled to enjoy all such holidays with pay on all daysdeclared and notified by the Provincial Government. If however, aworker is required to work on any festival holiday, one days additionalcompensatory holiday with full pay and a substitute holiday shall beawarded. Under agreements made with the Collective Bargaining Agent,employees who proceed on pilgrimage i.e., Hajj, Umra, Ziarat, aregranted special leave up to 60 days. 11. Minimum Age and Protection of Young WorkersArticle 11(3) of Pakistans Constitution expressly prohibits theemployment of children below the age of fourteen years in anyfactory, mine or other hazardous employment. In addition, theConstitution makes it a Principle of Policy of the State of Pakistan toprotect the child, to remove illiteracy and provide free andcompulsory education within the minimum possible period and tomake provision for securing just and human conditions of work,ensuring that children and women are not employed in vocationsunsuited to their age or sex. The Factories Act, 1934 allows for theemployment of children between the ages of 14 and 18 yearsprovided that each adolescent obtains a certificate of fitness from acertifying surgeon. A certifying surgeon, per section 52 of the Act,shall on the application of any child or adolescent who wishes towork in a factory, or, of the parent or guardian of such person, or ofthe factory in which such person wishes to work, examine suchperson and ascertain his or her fitness for such work. 12. Minimum Age and Protection of Young WorkersThe Act further restricts the employment of a child in a factory to fivehours in a day. The hours of work of a child should thus be arranged insuch a way that they are not spread over more than seven-and-a-halfhours in any day. In addition, no child or adolescent is allowed to workin a factory between 7 p.m. and 6 a.m. The Provincial Government may,by notification in the Official Gazette in respect of any class or classesof factories and for the whole year or any part of it, vary these limits toany span of thirteen hours between 5 a.m. and 7.30 p.m. Moreover, nochild is permitted to work in any factory on any day on in which he orshe has already been working in another factory. 13. Factories are further required to display and correctly maintain inevery factory a Notice of Periods for Work for Children, indicatingclearly the periods within which children may be required to work.The manager of every factory in which children are employed iscompelled to maintain a Register of Child Workers identifying thename and age of each child worker in the factory, the nature of his orher work, the group, if any, in which he or she is included, where hisor her group works on shifts, the relay to which he or she is allotted,the number of his or her certificate of fitness granted under section52, and any such other particulars as may be prescribed. Theprovisions of the Factories Act, 1934 are cited in addition to, and notin derogation of the provisions of the Employment of Children Rules,1995. The Employment of Children Rules extends to the whole ofPakistan with the exception of the State of Azad Jammu and Kashmirand delimits finite labour conditions afforded for the protection ofminors. Rule 6 insists on cleanliness in the place of work. No rubbish,filth or debris shall be allowed

to accumulate or to remain in any partof the establishment and proper arrangements shall be made formaintaining in a reasonable clean and drained condition for theworkers of the establishment.

14. Rule 7 further calls for proper ventilation in work places whereinjurious, poisonous or asphyxiating gases, dust or other impurities areevolved from any process carried on, in such establishment. As long asworkers are present in an establishment, the latrines, passages, stairs,hoists, ground and all other parts of the establishment in so far as theentrance of the said places is not closed, must be lighted in suchmanner that safety is fully secured. In addition, in every establishmentan arrangement of drinking water for child and adolescent workers is tobe provided free of charge. All shafts, couplings, collars, clutches,toothend wheels, pulleys, driving straps, chains projecting set screws,keys, nuts and belts on revolving parts, employed in the establishment,shall be securely fenced if in motion and within reach of a child workerand further may not be operated by a child worker. Under theEmployment of Children Rules, anyone who employs a child or permits achild to work in contravention of the Constitution is punishable byimprisonment for a term extending up to one year or may be fined up toRs. 20,000 or subject to both. Repetition of the offense is punishable byimprisonment for a term extending up to two years and shall not be lessthan six months. 15. EqualityArticle 38 of the Constitution imparts the States obligations aimed atachieving equality in the form of securing the well-being of thepeople, irrespective of sex, caste, creed or race, by raising theirstandard of living, by preventing the concentration of wealth andmeans of production and distribution in the hands of a few to thedetriment of general interest and by ensuring equitable adjustment ofrights between employers and employees, and landlords and tenants.All citizens are bestowed, within the available resources of thecountry, facilities for work and adequate livelihood with reasonablerest and leisure and the basic necessities of life, such as food,clothing, housing, education and medical relief, for all such citizens,irrespective again of their sex, caste, creed or race, as arepermanently or temporarily unable to earn their livelihood on accountof infirmity, sickness or unemployment. 16. Pay IssuesWages are construed as the total remuneration payable to an employedperson on the fulfillment of his or her contract of employment. Itincludes bonuses and any sum payable for want of a proper notice ofdischarge, but excludes the value of accommodations i.e., supply oflight, water, medical attendance or other amenities excluded by theProvincial Government; the employers contribution to a pension orprovident fund, traveling allowance or concession or other specialexpenses entailed by the nature of his or her employment; and anygratuity payable on discharge. The Payment of Wages Act, 1936,regulates the payment of wages to certain classes of industrialworkers. It applies to those workers whose monthly wages do notexceed Rs. 3,000 (51.68 US$) and are employed in factories, railways,plantations, workshops and establishments of contractors. The mainobject is to regulate the payment of wages to certain classes ofpersons employed in industry. The provisions of the Act can, however,be extended to other classes of workers by the Provincial Governmentsafter giving three months notice to the employers of their intention todo so. The Act stipulates that wages to workers employed in factoriesand on railways are to be paid within seven days of completion of thewages period, if the number of workers employed therein is less than1,000. 17. Pay IssuesIn other cases, the time limit for payment of wages to the workers is 10days. No deduction can be made from the wages of the workers exceptsas specified in the Act, such as for fines, breach of contract and the costof damage or loss incurred to the factory in any way other than anaccident. The employer is responsible for the payment of all wagesrequired to be paid to persons employed by him or her. Similarly anycontractor employing persons in an industry is responsible for paymentof wages to the persons he or she employs. The persons responsible forpayment of wages must fix wage periods not exceeding one month.Wages should be paid on a working day within seven days of the end ofthe wage period, or within ten days if 1,000 or more

persons areemployed. The wages of a person discharged should be paid not laterthan the second working day after his or her discharge.

18. Workers Representation in the EnterpriseUntil the adoption, on 29 October 2002, of the Industrial RelationsOrdinance, 2002 (IRO 2002), which repealed the Industrial RelationsOrdinance, 1969, Pakistan had a three-pronged system ofparticipation in management (i.e., the Works Council, theManagement Committee and the Joint Management Board),independent of each other and each having its own sphere ofactivities. The new text simplifies the system, introducing a singlebody in place of the three previous ones: the Joint Works Council(Article 24 of the IRO 2002). A Joint Works Council must be set up inany establishment employing fifty persons or more. It consists of nomore than ten members, forty per cent of which are workersrepresentatives. In the previous system, the Management Committeeand the Works Council were composed of an equal number ofrepresentatives of the employer and workers, whereas the JointManagement Board had a workers participation of 30 per cent. TheConvener of the Joint Works Council is from the management. 19. The Joint Works Council deals with matters, which were of thecompetency of the earlier Joint Management Board, such as theimprovement in production, productivity and efficiency, provision ofminimum facilities for those of the workers employed throughcontractors who are not covered by the laws relating to welfare ofworkers. It has also taken up tasks of the previous Works Council, i.e.promoting settlement of differences through bilateral negotiations,promoting conditions of safety and health for the workers, encouragingvocational training within the establishment, taking measures forfacilitating good and harmonious working conditions in theestablishment, provision of educational facilities for children ofworkers. 20. Trade Union and Employers Association RegulationFreedom of AssociationThe right to association is guaranteed by Article 17 of the PakistaniConstitution imparting on every citizen the right to form associationsor unions, subject to any reasonable restrictions imposed by law inthe interest of sovereignty or integrity of Pakistan, public order ormorality. Under Article 3 of the IRO 2002, workers as well asemployers in any establishment or industry have the right to establishand to join associations of their own choosing, subject to respect ofthe law. Both workers and employers organizations have the right toestablish and join federations and confederations and any suchorganization, federation or confederation shall have the right toaffiliate with international organizations and confederations ofworkers and employers organizations. 21. Registration of Trade UnionsRegistration of a trade union is to be made under the IndustrialRelations Ordinance. Workers trade unions are registered with theRegistrar Trade Unions in the Province, and if the industry orestablishment is nationwide with the National Industrial RelationsCommission, after fulfilling a number of requirements, listed in Article6 of the IRO 2002. Through its registration, the trade union obtainscertain benefits: registration confers a legal existence as an entityseparate from its members. Trade unions in Pakistan generally functionon plant-wide basis, with their membership contingent on the size ofthe industry/trade to which they belong. Once established, the tradeunions and employers associations have the right to draw up theirconstitutions and rules, to elect their representatives in full freedom,to organize their administration and activities and to formulate theirprogrammes. 22. Collective Bargaining and AgreementsTo determine the representative character of the trade union inindustrial disputes and to obtain representation on committees, boardsand commissions, the Industrial Relations Ordinance makes provisionfor the appointment of a Collective Bargaining Agent (CBA). The CBA isa registered trade union elected by secret ballot. The CBA is entitledto undertake collective bargaining with the employer or employers onmatters connected with employment, non-employment, the terms ofemployment or any right guaranteed or secured to it or any worker byor under any law, or any award or settlement .

23. Collective Bargaining and AgreementsCollective agreements are thus formulated by the CBA. The agreementsmay contain matters such as the facilities in the establishment for tradeunion activities and procedures for settling collective disputes includinggrievances and disciplinary procedures. Substantive provisions settleterms and conditions of employment, wages and salaries, hours of work,holiday entitlement and pay, level of performance, job grading, lay-offs,retrenchment, sick pay, pension and retirement schemes. Suchagreements once duly executed by both parties become the source oflaw. The agreements should invariably be in writing and should bedrafted with care, for they are meant to settle disputes rather thanraise them. In addition to statutory benefits under the labour laws, theadjustment of rights takes place through collective bargaining includingadjudication in Labour Courts. The IRO 2002 has changed the appellateprocedure on the provincial level, which used to be brought before aLabour Appellate Tribunal. This institution was abolished by the IRO2002. Appeals of Labour Court decisions now lie directly with provincialHigh Courts. Office bearers of trade unions are given protection againstarbitrary transfer, discharge and dismissal. 24. Collective Bargaining and AgreementsAny ill-intentioned action on the part of the employer against an office-bearer of a trade union or against a worker for trade union activities, isconstrued as an unfair practice and the National Industrial RelationsCommission is entrusted with the task of preventing such offenses.Security of service is ensured to the workers. Similarly, unfair labourpractices on the part of workers and trade unions is elaborated andincorporated in law. 25. Collective Labour DisputesCommencement of a disputeUnder the IRO 2002, if an employer or a Collective Bargaining Agentfinds that an industrial dispute has arisen or is likely to arise, they maycommunicate their views in writing to the other party. Upon receipt ofthe communication, the other party has fifteen days (or more ifagreed) to try and settle the dispute by bilateral negotiations. 26. ConciliationIf the parties do not manage to reach a settlement, the employer orthe CBA may, within fifteen further days, serve a notice of conciliationon the other party, with a copy to the Conciliator and to the LabourCourt. If the dispute is settled before the Conciliator, or a tripartiteBoard of Conciliators, a report is sent to the Provincial or FederalGovernment, with the memorandum of settlement. 27. ArbitrationIf the conciliation fails, the Conciliator tries to persuade the parties torefer their dispute to an arbitrator. If they agree, the parties make ajoin request in writing to the arbitrator they have agreed upon. Thearbitrator gives his or her award within a period of 30 days or a periodagreed upon by the parties. The award of the arbitrator is final andvalid for a period not exceeding two years.A copy of the award is sent to the provincial or Federal Government,for publication in the official Gazette. 28. Strikes and Lock-outsProceedings of strikes and lock-outsIf dispute settlement proceedings before the Conciliator fail and nosettlement is reached, and if the parties have not agreed to refertheir dispute to an arbitrator, the workers retain the right undersection 31 of the Industrial Relations Ordinance 2002, to go on strikeproviding due notice to their employer within seven days, and theemployer has the right declare a lock-out after the delay of notice ofconciliation has expired. The party raising a dispute retains theoption, at any time, either before or after the commencement of astrike or lockout, to make an application to the Labour Court foradjudication of the dispute. Where a strike or lock-out lasts for morethan fifteen days, if it relates to a dispute which the Commission iscompetent to adjudicate and determine, the Federal and/or theProvincial Government may, by order in writing, prohibit the strike orlock-out at any time before the expiry of thirty days, provided thatthe continuance of such a strike or lock-out causes serious hardship tothe community or is prejudicial to the national interest. In such casethe Federal Government or the Provincial Government shall forthwithrefer the dispute to the Commission or the Labour Court.

29. Strikes and Lock-outsProceedings of strikes and lock-outsAfter hearing both parties, the Commission, or the Labour Court shallmake such award as it deems fit, as expeditiously as possible but notexceeding thirty days from the date on which the dispute was referredto it. Under section 32 of the IRO 2002, if a strike or lockout occurswithin the public utility services sector the Federal Government and theProvincial Government may, by order in writing, also prohibit itsoccurrence at any time before or after the commencement of the strikeor lockout. No party to an industrial dispute may go on strike or declarea lockout during the course of conciliation or arbitration proceedings, orwhile proceedings are pending before the Labour Court. In addition, theNational Industrial Relations Commission (the Commission), adjudicatesand determines industrial disputes to which an industry-wise trade unionor federation of such trade unions is a party , as well as disputes whichare of national importance. The Commission also deals with cases ofunfair labour practices. 30. Illegal strikes and lock-outsA strike or lockout is declared illegal if it is commenced without givingnotice of conciliation to the other party of the dispute, or if it iscommenced or continued in a manner other than that provided by theIRO 2002 or in contravention with this text. In case of an illegal strikeor lockout, an Officer from the Labour Department may make a reportto the Labour Court, and require the employer or CBA or the registeredtrade union concerned, to appear before the Court. The Court may,within 10 days, order the strike or lockout to be stopped. 31. In case of contravention of the order of the Court by the employer, andif the Court is satisfied that the pursuance of the lock-out is causingserious hardship to the community or is prejudicial to the nationalinterest, it may order the attachment of the factory and theappointment of an official receiver, who will exercise the powers ofmanagement and may do all such acts as are necessary for conductingbusiness. In case of contravention of the order of the Court by theworkers, the Labour Court may pass orders of dismissal against thestriking workers, or cancel the registration of the trade union thatcommitted such contravention. 32. Settlement of Individual Labour DisputesPursuant to Article 46 of the IRO 2002, a worker may bring his or hergrievance in respect of any right guaranteed or secured by or underany law or any award or settlement to the notice of the employer inwriting, either him or herself or through the shop steward orCollective Bargaining Agent, within one month of the day on whichcause of such grievance arises. The IRO 2002 reduces the delay fromthree months to one month. Where a worker brings his or hergrievance to the notice of the employer, the employer must withinfifteen days of the grievance, communicate his or her decision inwriting to the worker If the employer fails to communicate a decisionwithin the specified period or if the worker is dissatisfied with suchdecision, the worker or shop steward may take the matter to theLabour Court within a period of two months. 33. Labour CourtsSection 33 of the Industrial Relations Ordinance, 2002 permits any CBAor any employer to apply to the Labour Court for the enforcement ofany right guaranteed or secured by law or any award or settlement.The Provincial Government derives its authority to establish as manyLabour Courts as it considers necessary under section 44 of theOrdinance. Each Labour Court is subject to jurisdictional limitationsderived by its geographical parameters or with respect to the industryor the classes of cases allocated. Each Labour Court consists of onePresiding Officer appointed by the Provincial Government. The LabourCourt adjudicates industrial disputes which have been referred to orbrought before it; inquires into or adjudicates any matter relating tothe implementation or violation of a settlement which is referred to itby the Provincial Government; tries offenses under the IndustrialRelations Ordinance; and exercises and performs such other powersand functions conferred upon or assigned to it. While deliberatingoffenses, the Labour Court follows as nearly as possible procedure asprescribed under the Code of Criminal Procedure, 1898.

34. Labour CourtsFor purposes of adjudicating and determining any industrial disputes,the Labour Court is deemed to be a Civil Court and retains the samepowers as are vested in such Court under the Code of Civil Procedure,1908 (Act V of 1908) including the enforcement of attendance andexamination under oath, the production of documents and materialobjects, and the issuance of commissions for the examination ofwitnesses or documents. 35. Labour CourtsAn award or decision of a Labour Court is produced in writing anddelivered in open Court with two copies subsequently forwarded to theProvincial Government. Upon receipt, the Provincial Government withina period of one month publishes the award or decision in the OfficialGazette. The IRO 2002 abolished the Labour Appellate Tribunal. Anyparty aggrieved by an award or a decision given or a sentence passed bythe Labour Court may now submit an appeal to the High Court (Article 48of the IRO 2002). The High Court, may vary or modify an award ordecision or decision sanctioned by the Labour Court. It may, on its ownmotion at any time, call for the record of any case or proceedings inwhich a Labour Court within its jurisdiction has passed an order, for thepurpose of satisfying itself as to the correctness, legality, or propriety ofsuch order, and may pass such order, in relation thereto as it thinks fit,provided that the order does not adversely affect any person withoutgiving such person a reasonable opportunity of being heard. 36. Official GazetteThe Federal Laws of Pakistan are published by the Government in adocument called the Gazette of Pakistan. The Ministry of Justice, Lawand Parliamentary Affairs in addition publishes individual Acts throughthe Official Gazette. 37. EOBI BenefitsIntroductionEOB Act 1976 was enforced with effect from April 01, 1976, to achievethe objective of Article 38 (C) of the Constitution, by providing forcompulsory social insurance. It extends Old-Age Benefits to insuredpersons or their survivors.EOBI with its Head Office at Karachi has a network of 37 Regional and30 Field Offices across Pakistan. With an enviable IT set up EOBIcollects around Rs. 10 billion per annum besides is managing growingassets amounting to Rs. 160 billion at present. It has a sizeableportfolio in equity market and is venturing into Real Estate and otherinvestment projects.Currently EOBI is disbursing, on monthly basis, more than five hundredmillion rupees as monetary benefits to its more than 300,000 eligiblepensioners. EOBI has more than 70,000 registered employers(industrial, commercial and other establishments) and 3.5 millionregistered employees (IP) 38. BenefitsUnder EOB Scheme, Insured Persons are entitled to avail benefit like,Old-Age Pension (on the event of retirement), Invalidity Pension (Incase of permanent disability), Old-Age Grant (an Insured Personattained superannuation age, but does not posses the minimumthreshold for pension) Survivors Pension (in case an Insured Person isexpired) 39. Functions of EOBIF Identification and Registration of Establishments and Industries.I Identification and Registration of Insured Persons.I Collection of Contribution.C EOBI Fund Management.E Provision of Benefits as per law. 40. Functions of RegionsF Registration of Employer and Employees.R Collection of Contribution.C Verify contribution from Employers record and rate notices to recoverarrears.a Visit bank branches to oversee the work of contribution collection anddisbursement of pensioner benefits.d Record building of Employers, Employees, and Pensioners.R Pre-audit of claim cases.P Pre-audit of management expenses made through imprest account.P Pre-audit of Demand and Show-cause notices.P Dealing with Commercial audit. 41. Pension Rate Minimum Rs. 3000/= Maximum As per Formula

42. ContributionEOBI does not receive any financial assistance from the Government forcarrying out its Operations. A contribution equal to 5% of minimumwages has to be paid by the Employers of all the Industrial andCommercial Organizations where EOB act is applicable. Contributionequal to 1% of minimum wages by the employees of said Organizations. 43. Employees Social Security InstitutionThe Institution is a body corporate having perpetual succession and acommon seal, with power, subject to the provisions of this Ordinance,to acquire, hold and dispose of property, both movable and immovable,and shall by the aforesaid name sue and be sued.The institution have its own fund, to be called the Employees SocialSecurity Fund, and may incur out of the said Fund such expenditure asmay be necessary. 44. CONTRIBUTIONSAmount and payment of contributions.Subject to the other provisions of this Chapter, the employer shall, inrespect of every employee, whether employed by him directly orthrough any other person pay to the Institution a contribution at suchtimes, at such [not more than six per cent] and subject to suchconditions as may be prescribed *Provided that no contribution shallbe payable on so much of an employees wages as is in excess of [four]hundred rupees per day or [ten] thousand rupees per month.]]The employer shall not be entitled, to deduct his own share ofcontribution+ from the employees wages or otherwise to recover fromhim any portion of the contribution, notwithstanding any agreement tothe contrary].[20A. Self-Assessment Scheme. An employer who opts for the self-assessment scheme shall be liable to pay to the Institution acontribution [of [three hundred and sixty] rupees] per month persecured employee. 45. The liability of an employer to pay contribution under the self-assessment scheme shall be in respect of those employees who weresecured under this Ordinance on the 30th June, 2001.Every employee secured under this Ordinance in respect of whom theemployer pays contribution shall be liable to pay through the employeran amount of twenty rupees per month as his share to the Institution.] 46. BENEFITSSickness benefit.Maternity benefit.Death grant.Medical care during sickness and maternity.Medical care of dependents, etc.Injury benefits.Disablement pension.Disablement gratuity.Survivors Pension.Death grant in case of death while in receipt of injury benefit ortotal disablement pension.Medical care in the case of employment injury.