1. BARANI INSTITUE OF INFORMATION
TECHNOLOGY
ASSIGNMENT NO 1
SUBMITTED TO :
SIR IHSAN
SUBMITTED BY :
Asad Azad
Section :
BSCS – 6A
Reg no #
15-ARID-0030
DATE :
October27, 2017
TopiC :
EEO in pakistan
2. EEO In 1973 Constitution
The laws related to the equal opportunity further improved in Constitution of 1973.
Article 11 of the Constitution prohibits all forms of slavery, forced labor and child labor.
Article 17 provides fundamental right to exercise the freedom of association and the right to
form unions.
Article 18 says every citizen; subject to qualifications can enter a trade, business or
profession of his/her choice.
Article 26 says no person otherwise qualified can be discriminated against in the matter of
employment on the basis of race, religion, caste, sex, residence or place of birth (Exceptions:
specific services can be reserved for members of either sex if such posts/services require
duties which cannot be adequately performed by the members of other sex, e.g. Lady Health
Visitor)
The article 27 puts complete ban on discrimination on the basis of sex in appointment in “the
service in Pakistan”, provided that the performance and functions of the job can be carried
out by, and is deemed suitable for, both sexes.
Article 32 of the constitution says that special representation shall be given to women in local
government institutions (i.e., local bodies).
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.
Article 38(a) of the constitution commits the State to secure the well-being of the people,
irrespective of, inter-alia, their sex by raising their standard of living, by preventing the
concentration of wealth and means of production and distribution in the hands of a few to the
detriment of general interest and by ensuring equitable adjustment of rights between
employers and employees, and landlords and tenants.
In accordance with the article 27 of the Constitution, "No citizen otherwise qualified for
appointment in the service of Pakistan shall be discriminated against in respect of any such
appointment on the ground only of race, religion, caste, sex, residence or place of birth". This
article is only about the public sector jobs. We can't locate similar provision for non-
discrimination in private sector employment. Since there is no specific law in the country to
deal with the equal remuneration and nondiscrimination in all employment related matters,
the Federal Government is working on a draft of a model Provincial law on anti-discrimination
which can be adopted by the Provincial Legislative assemblies.
Labor Welfare Package 2000
Labor Welfare Package for Workers was announced by federal government on April 30, 2000 in
which it was made obligatory for the employers to offer gender equality and affirmative action. This
package enforces:
Equal remuneration for men and women for work of equal value through appropriate
legislation.
Enhancement of maternity benefits for female mine workers.
Safeguards against sexual harassment through appropriate actions.
Recruitment of female labor inspectors for enforcement of labor laws on female workers.
Increase in percentage of reserved seats of workers and peasants at Union Councils, Tehsil
Councils and District Councils in the Devolution of Power Plan.
Extension of coverage of laws to agriculture and other informal sectors of economy.
3. Labor Policy 2002
The Federal Government introduced newlabor policy in 2002, the key points of this labor policy are:
Empowering labor courts to order re-instatement of illegally dismissed workers or award
reasonable compensation in lieu of re-instatement.
This policy also calls for extension and upgradation of vocational and industrial training
programs to meet the changes of globalization and avoidance of redundancies. If
implemented in true spirit, this is expected to be a right step towards affirmative action and
equal employment opportunity.
Strengthening bilateralism with least legislative and state intervention. This is expected to
result in good employer-employee relationship through the strategy of interdependence by
employers and employees and their mutual trust.
New laws also promise protection of contractual labor by redefining temporary jobs in
accordance with international standards.
The policy pledges equal opportunities for all and categorically bans child and bonded labor,
and discrimination on the basis of gender, sex, race etc.
Support for Equal Pay
Ministry of Women’s Development has taken the following steps to advance the work for women as
well as equal pay for work of equal value:
Increasing women’s capacity to earn by increasing women’s access to sources of livelihood,
in particular, agriculture and livestock production and promoting equal employment
opportunities that accommodate women-oriented work policies for paid work.
Improving facilities for the education, training and skills development for women, to enter and
re-enter the labor force, including special arrangements, as specified in the draft Labor Policy
for the female relatives of workers.
Providing special courses for women in entrepreneurial skills to assist and engage them to
establish their own small-scale enterprises.
In accordance with the section 15 of the West Pakistan Minimum Wage Rules, 1962, the
principle of equal remuneration for work of equal value between men and women workers
will be applied while fixing wages. Since there is no specific law in the country to deal with
the equal remuneration, the Federal Government is working on a draft of a model Provincial
law on anti-discrimination which can be adopted by the Provincial Legislative assemblies.
Implementation of Sexual Harassment Laws - October 12,
2011
Prime Minister has formed the National Implementation Watch Committee to facilitate and monitor the
compliance with the anti-sexual harassment laws introduced in the country in 2010. The anti-sexual
harassment laws include Protection Against Harassment of Women Act, 2010 and amendment to section 509
of the Pakistan Penal Code. The committee has representation from civil society, government, private secto
and media. This committee meets after every 3-4 months to examine the implementation of these laws. Dr.
Fauzia Saeed currently heads the Committee.
4. Special Citizen(Disabled) Act
In August 2002, the ministry of social welfare and special education requested the
cabinet division to ensure recruitment of the disabled at 2 per cent quota in all ministries.
However, in practice the disabled are not being granted even 1 per cent employment in
several organizations and industries as required by the Disabled Persons (Employment
and Rehabilitation) Ordinance 1981. Instead many employers prefer to pay the penalty
of Rs.1,000 per month for each vacancy for the disabled to the Disabled Persons
Rehabilitation Fund. In fact, by 2002, the National Council for the Rehabilitation of
Disabled Persons had collected more than Rs. 30 million on this head alone that
indicates that thousands of disabled persons being left out of the job market. There is
also the need for a law to make public buildings accessible to the disabled. In this
respect, a bill for the elimination of environmental barriers to enable full participation of
the disabled was presented in the National Assembly in June 1991 and in February
1994. On both times, it lapsed due to postponement.
Conclusion
In Pakistan, major challenge for EEO is not legislation, but implementation. Implementation
necessitates a broad-scale education and appreciation of EEO philosophy for the
competitiveness and very existence of an organization on micro and macro levels. Government
as well as organizations must initiate an EEO program starting with the education of the policy
makers, and the employees in general so that they can understand the rationale of this
program and wholeheartedly support it.
Though the legislation for Equal Employment Opportunities in Pakistan has significantly evolved
with the passage of time but there is still a huge gap between its implementation. One of the
main reasons for this implementation gap is the lack of awareness of these rights among the
employees. You will hardly find employees suing employers for the misconduct or injustice
during the employment selection process. The article 25, 26, 27 completely bans the
discrimination against in the matter of employment on the basis of race, religion, caste, sex,
residence or place of birth. Though there is a portion of employers (mostly multinationals) who
have adopted procedures to ensure equal opportunity to some extent but one can easily find
the cases of gender biasness where women are not considered equally capable for a particular
job. Similarly, minorities and protected group members often face difficulties in getting the jobs
of their own choice. However, Ministry of Women’s Development has taken several steps to
advance the work for women as well as equal pay for work of equal value but there is a long
way to go until these are actually implements. To sum up, the government still needs to review
whether the very basic right of equality promised in Objectives Resolution of March, 1949 are
actually given to public or not.