Legislation

1. DiversityLegislationina
GlobalPerspective
1

2.  To ensure adherence to employment
laws and regulations
 To avoid penalties
 To reap the rewards of compliance
with local rules in different national
and cultural contexts
 To practice in today’s global economy
Why managers needs to understand the Employment laws

3. Equality and
Fairness in
Employment
3

4. Startoflegislation
antidiscrimination and equal opportunity legislation
United Nations (UN) 1948 Universal
Declaration of Human Rights
equal opportunity movement in US
(1960),
constitutional revisions and a multitude
of laws (1980-1990)
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5. TheInternationalBillof
HumanRightsand
EmploymentRights
5
Philosophy behind This Bill
 The right to liberty and equality is the
birthright of
every human being, and it cannot be
alienated; and
 Human beings, as distinguished
from other creatures, are rational and
moral. For this reason, human beings
are entitled to certain rights and
freedoms that other creatures do not
enjoy.
1960
o Consensus on
issues of human
rights
o minimum
standards

6. 6
 Universal Declaration
of Human Rights
 Adopted in 1948
 Work-related rights
 Articles 2 and 23
 International
Covenant on
Economic, Social,
and Cultural Rights
 Adopted in 1966
 Work-related rights
 Articles 6 to 15
 International
Covenant on Civil
and Political Rights
 Adopted in 1966
 Not directly
applicable to work-
related rights
 Two Optional
Protocols
 Adopted in 1966
and 1989
 Not directly
applicable to work-
related rights
International Bill of Human
Rights Universal
 The right to social security
 The right to work
 The right to equal pay for
equal work
 The right to rest and leisure
 The right to a standard of
living adequate for health and
well-being
Basic principle of equality and
nondiscrimination with respect to human
rights and fundamental freedoms, forbids
“distinction of any kind, such as race, colour,
sex, language, religion, political or other
opinion, national or social origin, property,
birth or other status.”

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8. 8
International Convention on
the Elimination of All Forms of
Racial Discrimination, adopted
in 1965
the Convention on the
Elimination of All Forms of
Discrimination Against
Women, adopted in 1979
the International Convention
on the Protection of the Rights
of All Migrant Workers and
Members of Their Families,
adopted in 1990.

9. EEOlegislationIn
Pakistan
antidiscrimination and equal opportunity legislation
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10. ILO Discrimination
(Employment and
Occupation)
Convention, 1958
(No. 111) (ratified on
24/1/1961)
ILO Equal
Remuneration
Convention,
1951 (No. 100)
(ratified on
11/10/2001)
UN Convention on
the Elimination of All
Forms of
Discrimination
Against Women,
1979 (ratified on
12/3/1996)
ILO Vocational
Rehabilitation and
Employment
(Disabled Persons)
Convention, 1983
(No. 159) (ratified
on 25/10/1994)
ILO Underground
Work (Women)
Convention, 1935
(No. 45) (ratified
on 25/3/1938)
International Commitments of Pakistan

11. ILO Discrimination
(Employment and
Occupation)
Convention, 1958 (No.
111) Article: 1-14
(ratified on 24/1/1961) Each Member for which this Convention is in force
undertakes to declare and pursue a national policy
designed to promote, by methods appropriate to
national conditions and practice, equality of
opportunity and treatment in respect of employment
and occupation, with a view to eliminating any
discrimination in respect thereof.
International Commitments of Pakistan

12. ILO Equal
Remuneration
Convention, 1951
Article: 1-14
(ratified on
11/10/2001) Each Member shall, by means appropriate to the
methods in operation for determining rates of
remuneration, promote and, in so far as is
consistent with such methods, ensure the
application to all workers of the principle of
equal remuneration for men and women workers
for work of equal value.
International Commitments of Pakistan

13. UN Convention on
the Elimination of All
Forms of
Discrimination
Against Women,
1979; Article 1-30
(ratified on
12/3/1996)
Legal rights
to political participation the rights to
vote, hold public office, exercise public
functions, represent their countries at
the international level, statehood of
women irrespective of their marital
status, non-discrimination in education,
employment, and economic and social
activities, special attention in policy
planning to rural women, full equality in
civil and business matters, equal rights
and obligations of women and men with
regard to choice of spouse, parenthood,
personal rights and command over
property.
civil rights
to ensure reproductive rights. a proper
understanding of maternity as a social
function, demanding fully shared
responsibility for child rearing by both
sexes, maternity protection, chilcare,
family law, health care or education,
child-care facilities, maternity
protection, women's right to
reproductive choice
human rights
stereotypes, customs and norms which
give rise to the multitude of legal,
political and economic constraints on the
advancement of women, on stereotyped
roles for men and women mandates the
revision of textbooks, school programs
and teaching methods, Public realm as a
man's world and the domestic sphere as
women's domain, equal rights with
regard to education and employment.
Altogether
International Commitments of Pakistan

14. ILO Vocational
Rehabilitation and
Employment
(Disabled Persons)
Convention, 1983
(No. 159): Article 1-17
(ratified on
25/10/1994)
Each Member shall consider the purpose of
vocational rehabilitation as being to enable a
disabled person to secure, retain and advance in
suitable employment and thereby to further such
person's integration or reintegration into society.
The provisions of this Convention shall be applied
by each Member through measures which are
appropriate to national conditions and consistent
with national practice.
International Commitments of Pakistan

15. ILO Underground
Work (Women)
Convention, 1935
(No. 45): Article 1-10
(ratified on
25/3/1938)
No female, whatever her age, shall be employed
on underground work in any mine.
National laws or regulations may exempt from
the above prohibition--
a) females holding positions of management
who do not perform manual work;
b) females employed in health and welfare
services
c) females who, in the course of their studies,
spend a period of training in the
underground parts of a mine; and
d) any other females who may occasionally
have to enter the underground parts of a
mine for the purpose of a non-manual
occupation.
International Commitments of Pakistan

16. 16
Vienna
Declaration and
Programe of
Action
Article: 1-139
Equality, dignity and tolerance
Racism, racial discrimination, xenophobia
and other forms of intolerance
Persons belonging to national or ethnic,
religious and linguistic minorities
The equal status and human rights of
women
The rights of the child
Freedom from torture
The rights of the disabled person

17. Labor Welfare Package (30 April 2000)
 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.
National Commitments of Pakistan

18. Employment Rights and Protection
International Commitments of Pakistan

19. Employment Rights and Protection
The State shall ensure the
elimination of all forms of
exploitation and the gradual
fulfilment of the fundamental
principle, from each according to
his ability to each according to
his work. (Art. 3)

20. Employment Rights and Protection
Subject to such qualifications, if
any, as may be prescribed by law,
every citizen shall have the right
to enter upon any lawful
profession or occupation, and to
conduct any lawful trade or
business:
… (Art. 18)

21. Employment Rights and Protection
The State shall—
(e) make 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;
… (Art. 37)

22. Employment Rights and Protection
The State shall--
(a) secure the well-being of the people, irrespective of sex, caste, creed or
race, 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;
(b) provide for all citizens, within the available resources of the country,
facilities for work and adequate livelihood with reasonable rest and leisure;
(c) provide for all persons employed in the service of Pakistan or otherwise,
social security by compulsory social insurance or other means;
… (Art. 38)

23. Equality and Non-Discrimination
International Commitments of Pakistan

24. Wherein the principles of democracy, freedom, equality,
tolerance and social justice, as enunciated by Islam, shall be
fully observed;
Wherein shall be guaranteed fundamental rights, including
equality of status, of opportunity and before law, social,
economic and political justice, and freedom of thought,
expression, belief, faith, worship and association, subject to
law and public morality;
Inspired by the resolve to protect our national and political
unity and solidarity by creating an egalitarian society through
a new order;
… (Preamble)
Equality and Non-Discrimination

25. The State shall discourage
parochial, racial, tribal
sectarian and provincial
prejudices among the
citizens. (Art. 33)
Equality and Non-Discrimination

26. Wherein the principles of democracy, freedom,
equality, tolerance and social justice as enunciated
by Islam shall be fully observed;
Wherein shall be guaranteed fundamental rights
including equality of status, of opportunity and
before law, social, economic and political justice,
and freedom of thought, expression, belief, faith,
worship and association, subject to law and public
morality;
… (Preamble)
Equality and Non-Discrimination

27. (1) To enjoy the protection of law
and to be treated in accordance
with law is the inalienable right
of every citizen. Wherever he
may be, and of every other
person for the time being within
Pakistan.
… (Art. 4)
Equality and Non-Discrimination

28. (1) All citizens are equal before law
and are entitled to equal protection
of law.
(2) There shall be no discrimination
on the basis of sex.
(3) Nothing in this Article shall
prevent the State from making any
special provision for the protection of
women and children. (Art. 25)
Equality and Non-Discrimination

29. (1) In respect of access to places of public
entertainment or resort, not intended for
religious purposes only, there shall be no
discrimination against any citizen on the
ground only of race, religion, caste, sex,
residence or place of birth.
(2) Nothing in clause (1) shall prevent the
State from making any special provision for
women and children. (Art. 26)
Equality and Non-Discrimination

30. ThankYou
Gulnaz Shahzadi
+92 321 6068551
gullnaz140@gmail.com
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