...Democratic Institutions in Pakistan UNDERSTANDING LABOUR ISSUES IN PAKISTAN PILDAT is an independent, non-partisan and not-for-profit indigenous research and training institution with the mission to strengthen democracy and democratic institutions in Pakistan. PILDAT is a registered non-profit entity under the Societies Registration Act XXI of 1860, Pakistan. ©Pakistan Institute of Legislative Development And Transparency - PILDAT All rights Reserved Revised Edition: December 2009 First Published: June 2005 Second Published: November 2006 ISBN: 978-969-558-147-6 978-969-558-021-1 978-969-558-021-9 Any part of this publication can be used or cited with a clear reference of this publication and PILDAT Published by Pakistan Institute of Legislative Development And Transparency No. 7, 9th Avenue, F-8/1, Islamabad, Pakistan Tel: (+92-51) 111-123-345; Fax: (+92-51) 226-3078 E-mail: info@pildat.org; URL: www.pildat.org P I L D AT BRIEFING PAPER FOR PARLIAMENTARIANS UNDERSTANDING LABOUR ISSUES IN PAKISTAN CONTENTS Foreword Profile of the Author Overview Labour in the Informal Economy Wages and Workers Finance Bill 2006 and Anti Labour Legislation Finance Bill 2008 and Labour Legislation Industrial Relations Act 2008 Strengths Weaknesses State of Trade Unionism in Pakistan Impact of globalization and economic growth on labour in Pakistan State Institutions State Tripartite Institutional Arrangements Pakistan Tripartite Labour Conference Provincial Minimum Wage Board National...
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...| | CHILD LABOUR INTRODUCTION Child labour (U.S. child labor) refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries. Child labour was utilized to varying extents through most of history, but entered public dispute with the advent of universal schooling, with changes in working conditions during the industrial revolution, and with the emergence of the concepts of workers' and children's rights. In many developed countries, it is considered inappropriate or exploitative if a child below a certain age works (excluding household chores or school-related work). An employer is usually not permitted to hire a child below a certain minimum age. This minimum age depends on the country and the type of work involved. States ratifying the Minimum Age Convention adopted by the International Labour Organization in 1973, have adopted minimum ages varying from 14 to 16. Child labor laws in the United States set the minimum age to work in an establishment without restrictions and without parents' consent at age 16. * | Historical During the Industrial Revolution, children as young as four were employed in production factories with dangerous, and often fatal, working conditions. Based on this understanding of the use of children as labourers, it is now considered by wealthy countries to be a human rights violation, and is outlawed, while...
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...education. Hence, literacy of people would increase and as a result it can decrease poverty and unemployment. What future can be if children do not have education? According to trade economics there is 15% of unemployment in Ivory Coast and this is only official numbers. If we stop eating chocolate from this country, government sunderstand that the only way to supply chocolate is give a job to adults. A special commission must be created to control this in such countries. If child labor disappears and will not exist anymore, only then trade can be reopened. Must be ensured that any monitoring and compliance scheme adopted by the industry takes full account of the need to protect all workers from forced labour no just children. · Identify and adopt all relevant national and local labour laws. · Communicate the policy to employees, suppliers/contractors and the community. · · Provide training and awareness programmes for employees at all levels.. ·...
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...INTRODUCTION According to current scenario, working relationships comprise the relationship between employers and employees in unionized workplaces, or those who could unionize, and laws that affects the workplace. This includes processes and rules related to collective bargaining. The government provides a fair and balanced framework of labor relations and dispute settlement. With policy development and analysis of trends and issues of labor relations, the government provides facilitation and education, dispute resolution services and information for collective bargaining. The Canadian Labour Congress is releasing this study to show just how much better the union advantage truly is – both nationally and in 30 communities across the country. This study shows that in Canada on an average, unionized workers get almost $5 more an hour than non-union workers. A union is a group of workers who come together for making collective decisions about their work and working conditions. There is a democratic union in which the members elect the leaders through voting process. With the help of collective bargaining, these leaders negotiate with the employer in terms of wages, safety, working conditions, hours, and other benefits, on behalf of the members. The rights of unionized workers may vary extensively depending on the country, region and industry. Also rules, regulations and laws can also be amazingly complex. These rights are constantly evolving, and state governments adopt national...
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...LABOUR LAWS IN INDIA Index Particulars 1. Introduction a) History of Labour law 3 5 6 6 8 9 27 Page No. b) Evolution of Labour law in India c) Purpose of Labour Legislations d) Constitutional provisions with regard to labour laws e) 2. 3. 4. Labour Policy of India List of Labour laws in India Classification of labour laws in India Overview of important labour laws in India a) Apprentices Act, 1961 29 36 51 of 55 b) Employees State Insurance Act, 1948 c) Employees Provident Fund And Misc. Provisions Act, 1952 Employment Exchanges (Compulsory Notification d) The Vacancies) Act, 1959 e) f) g) Factories Act, 1948 Industrial Disputes Act, 1947 Labour Laws (Exemption From Furnishing Returns & Maintaining Registers By Certain Establishments) Act, 1988 h) Payment of Bonus Act, 1965 i) j) Payment of Gratuity Act, 1972 Workmen’s Compensation Act, 1923 83 87 91 58 74 80 1 k) l) The Trade Unions Act, 1926 Shops and Establishment Act, 1954 97 101 104 118 129 132 135 144 147 151 157 172 177 179 180 186 190 m) Laws related to wages n) Laws related to child labour o) Law related to contract labour p) Maternity Benefit Act, 1961 5. 6. 7. 8. 9. Checklist of labour law compliance Unfair labour practice Labour laws in the unorganized sector Women labour and the Law Industrial relations 10. Special points to be noted while drafting Employment Agreement 11. Important case laws under various labour legislations 12. Important organizations 13. Authorities under...
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...Labour education is mostly looked at as being practical and developmental in the work place. It is the way learning shapes the processes of work. (Bratton, Mills, Tyrch, Sawchuk, Workplace Learning, A critical Introduction 2004.) Labour education is schooling for union members. It is where the union members learn about issues in the workplace and beyond. They learn the grievance process, how to negotiate contracts, human rights etc. This training helps the union members understand their rights in the work place and helps their own cause. Unions usually offer this training to its members in house. (Athabasca University, Work and Learning, Education 406/Human Resources Management 406, Course Guide, Revision 1, 2009.) Unions can demand from their employers a form of education that takes place at work. Labour education has tools in its belt to help employees in the work place to learn. In their belt they use tools, issues and labour studies courses in labour education. (Bratton et al. (2004) found page 108). The tool courses are to help unions and thus help to represent their fellow workers, through their knowledge, to do a better job and understand their rights with management. These tools work on leadership, collective bargaining and grievance procedures. This helps to stream line the day to day activities of the work place to run smoothly. Issue courses are more tuned to racism, sexism and reorganization in the work place. This training is done to understand...
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...MANAGEMENT ADVANCEMENT PROGRAMME 120 LABOUR RELATIONS INDIVIDUAL ASSIGNMENT Facilitator : Mrs Vanessa Botha Student Name : Carine Sanama Student Number: 1311024 Date : Monday 29 June 2015 Words Count: 1189 Table of Contents i. Executive Summary ii. Introduction and Background iii. Literature Review a. Definition of Terms b. The Evolution of the South African Labour Relations : Pre and Post-Apartheid c. The right to strike in South Africa : Legal VS Illegal iv. Discussions v. Conclusion vi. References Appendix 1 I. Executive Summary The rising number of labor strikes in South Africa should be a wake-up call the government. They should take the following into consideration so the improve on the country socio-economic state: First, look at labor markets with a renewed interest to revise laws governing the role and powers accorded to collective bargaining unions with a view to streamline them. Second, revise minimum wages, wage increases and dispute resolution policies in line with the latest economic developments in the country and international standards to ensure fairness and equity. Third, ensure that negotiations involving unions that represent essential emergency professionals do not break down and go to strike since people’s lives could be at stake. Finally, deliberately incorporate wage increase policies in the national budgeting process. These reforms would go a long way in minimizing the growing number of strikes...
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...------------------------------------------------- LABOUR LAW 1. Concepts * UK, France * Art. 1 * Rome Treaty: Jean monnet ‘the united states of E’ 2. Institutions - european council -council of EU - commission - parliament -ECJ 3. Labour law and social policy - thinner - social policy - 3 theories: neo-liberal, social democratic, Marxism - paradoxen 4. Historical development a) market rights as motivators of social rights ‘spill over’ - 60’s (neo liberal period) -70’s (crisis, Paris, social action, golden period of harm.) b) socially acceptable economic integration -80’s (clash, deregulation, delors, GR/SP/PO) -90’s( Maastricht, UK, AU/FI/SW, 1997 UK, employment title) c) economically acceptable social integration -green paper on social policy (Flynn) -white paper 1994 -white paper Delors -green paper 2006 interactions between union and member states *Regulation *De-regulation(beer Shirac) *Coordination *Financial support *Harmonisation(?) *Eu Social Law (TFE, TEU, Charter fund rights) *directives *Soft law Title X Social policy TFEU -art. 151/152 -art. 153(working, social security and protections, repres and col defense) qualified majority voting/ unanimity -excluded *Collective labour law vs individual labour law(s anc cb: collective) -social dialogue -collective bargaining -Jacques Delors – Val Duchesse process - European trade union confederation - Maastricht Treaty (2 art. Annex) -Business Europe/ CEEP...
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...Child Labour By: Renée McFarlane Many perspectives can be taken on the topic of child labour. Some may argue that child labour is a form of child abuse whereas others may say it helps them with developing skills that will help with concentration and discipline. Children are brought into labour facilities to help with supporting their large families financially. This is good in a sense because the children will have a sense of belonging and knowing that they are helpful to their family and this provides an opportunity for parents to be proud of their child. From a young age children will have a work ethic and understand nothing is gained without hard work. On the other hand children are meant to enjoy their childhood and play. Children learn through play and interaction, without this they are deprived of an education and this limits their potential. In these environments children are unsupervised and are often without their parents, exposing them to dangerous things and people. Child labour is not illegal but it doesn't conform to the legal rights of the child. Every child should have a minimum of one hour of exercise a day and if they are labouring, they are neglecting this need becoming subjects to obesity and other illnesses. One of the rights for children are, that children have to be in a safe working environment, they are stripped of these rights as they are confined to a single dorm with up to a dozen others and no fire exits. I feel as though child labour should...
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...Employment and Labour Law (1) The Union is concerned that the Employer is not bargaining in good faith. Legal Arguments For Union: | * The employer failed to bargain in good faith by refusing to meet; cancelling meetings, rescheduling meetings, not giving the negotiating team any power to bargain, surface bargaining, deliberate provocation, refusing to justify a position, (Olivio, 2013) * Section 17 of the OLRA states that the parties must have the true decision maker at the table. (Olivio, 2013). The negotiating team was included more junior members of the human resource department. * Surface bargaining is evident as the employer agrees to meet and discuss the issues but a real effort was not made to reach an agreement when the employer withdrew several concessions it had made without any explanation. | For Employer: | - According to Section 17 of the Ontario Labour Relations Act, the parties must meet within 15 days after the notice to bargain has been given or they must agree on a later meeting time. (Olivio, 2013)- Section 16 of the Ontario Labour Relations Act states that once the union is certified or voluntarily recognized, it must give notice to the employer to bargain. (Olivio, 2013)- Section 65 of the Act says that if the union fails to do so within 60 days, it risks being decertified because it is “sleeping on its rights”. Also according to section 65 of the act, if the union fails to give notice to bargain for renewal in accordance with...
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...With the aid of case law critically discuss the integration or organisational test of identifying an employee from an independent contractor. In you answer you should indicate the origins of the distinction between an independent contractor and an employee, why courts adopted this test, when was it discarded and reasons thereof. The integration test was developed as an alternative to the control test by Lord Denning in Stevenson, Jordan & Harrison Ltd v MacDonald and Evans (1952). It relied on the role played by the worker within the organisation for which work was performed. Lord Denning stated;“Under a contract of service, a man is employed as part of the business, and his work is done as an integral part of the business; whereas under the contract for service, his work although not done for the business, is not integrated into it but is only accessory to it”. He argued that it is often easy to recognize a contract of service when you see it but difficult to say wherein the difference lies . A ship master, a chauffeur and a reporter on the staff of a newspaper are all employed under a contract for services. This test provide flexibility necessary to deal with varying types of employment relationships and the changing nature of work practises In the above mentioned case Evans Hemming was an accountant who had been employed first as a servant and then as an executive officer by Macdonald and Evans. Shortly after he left them, he wrote a textbook on business management...
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...INTRODUCTION Child labour is an emotive subject,especially when young children are concerned,it evokes images of maltreatment and exploitation.According to the International Labour Office ,any activity other than study or play,remunerated or unremunerated,carried out by a person under the age of 15 years is defined as child labour (Cigno et. al 2002).Consolidated global statistics on child labour are elusive,because of the differing definitions and perceptions about what constitutes a child,child worker or child labour.For a large number of children who are forced to work in situations that compromise their developmet,child labour is an abuse of their fundamental human rights.The principal reason why such work is seen as morally and socially unacceptable is that such work hinders ‘the harmonious physical and mental development of the child’ (Murshed 2001).Child labour is mostly concentrated in Asia and Africa,which together account for more than 90 % of the total child employment.Asia is led by India which has more than 44 million child labourers and the largest child workforce in the world(Siddiqi & Patrinos n.d). The research is aimed at exploring factors that perpetuate child labour in India and study the policy implications for the international community with respect to trade,labour market regulation and legislation,role of international agencies and multinational companies and the need for increasing international awareness.The study elabotrates the demand and supply...
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...and were literally sold by middle man. GAP has shown the intent by international company should work against child labour and it is heartening to see that the Indian law enforcement is following suit. Such incidents show that holistic perspective is required in eliminating child labour form co-operations, civil society the government and law enforcement. We firmly believe that co-operates and the business houses should continue to work with India and cancellation of the orders is not a solution. Instead of cancelling the order the Business Houses should make sure that where ever their production is going on the manufacturing units shouldn’t employ children and also regularly monitor their contractors and sub-contractors to assure that they are not violating any labour law”. Slave Kids Driving Economic Growth “10-year-old unpaid workers who help clothing giants make billions.” “GAP slave kids is a gloomy reality of Indian Growing economy.” “Indian 'slave' children found making low-cost clothes destined for Gap” October 28, 2007, The Observer. These are some of the news headlines flashing across the world today. It is disheartening to just imagine that an embroidered top that you are buying for your child is made by another 10-year-old who whose life was trade into slavery for a mere Rs. 1000 ($ 25). Western Brands and Designers have been looking for cheap labour in India but in the profit oriented business they forget to monitor that in glimmering, the future of thousands of...
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...As a Human Resources Manager, the level of supply and demand in the labour market affects the recruitment and retention of employees. Before I analyse the impacts of supply and demand in the labour market, I will first define what the labour market is in the context of HRM. According to Wilton 2013, labour markets are “the mechanism by which human labour is bought and sold and how the number and type of available jobs, the labour demand, is matched with the number and type of available workers, the labour supply.” In other words, employers are the buyers of labour with the employees being the seller. Labour markets can be segmented in many different ways, such as geographic location, occupation, or industry but for the purposes of this case study the labour market will be organised along the lines of occupation as I am trying to recruit staff for two different occupations. The supply and demand for these labour markets differ, as there is a greater supply of catering employees than registered midwives. According to the Department of Employment 2014, there is a shortage of midwives both in Sydney and regional NSW, particularly with experienced midwives as 40 percent of employers unable to find suitable applicants. As of 2014, there has been a 20.1 percent decrease in registered midwives since 2011 (Australian Institute of Health and Welfare 2015) due to the introduction of the new regency of practice standards that require midwives to actively be working in midwifery to maintain...
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...Child labour Child labour refers to the employment of children in any work that deprives children of their childhood, interferes with their ability to attend regular school, and that is mentally, physically, socially or morally dangerous and harmful.[3] This practice is considered exploitative by many international organisations. Legislations across the world prohibit child labour.[4][5] These laws do not consider all work by children as child labour; exceptions include work by child artists, supervised training, certain categories of work such as those by Amish children, and others.[6][7] Child labour was employed to varying extents through most of history. Before 1940, numerous children aged 5–14 worked in Europe, the United States and various colonies of European powers. These children worked in agriculture, home-based assembly operations, factories, mining and in services such as newsies. Some worked night shifts lasting 12 hours. With the rise of household income, availability of schools and passage of child labour laws, the incidence rates of child labour fell.[8][9][10] In developing countries, with high poverty and poor schooling opportunities, child labour is still prevalent. In 2010, sub-saharan Africa had the highest incidence rates of child labour, with several African nations witnessing over 50 percent of children aged 5–14 working.[11] Worldwide agriculture is the largest employer of child labour.[12] Vast majority of child labour is found in rural settings and informal...
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