This document provides a critical analysis of labor laws in the Constitution of Pakistan. It discusses key labor laws, including those prohibiting slavery, forced labor, and hazardous child labor. However, it argues these laws have failed in practice, as slavery and child labor remain problems. It also analyzes laws guaranteeing freedom of association and equality. But some unions and political parties engage in illegal activities. The document concludes several constitutional amendments are needed. Labor laws should better protect women and children by restricting certain jobs and ensuring equal treatment and pay. Stronger laws are also needed to regulate unions, parties, and workplaces.

1. Stress And Its Theories

2. Ibad Ahmad (195-FSSBSSOCF12)
International Islamic University Islamabad
Critical Analysis of Labor Laws in
Pakistan

3. What is meant by the term Law?
The body or set of rules and regulations to
build social control in an area or society are
called laws.
The basis of laws differs from society to
society. Somewhere laws are built on basis of
morality and norms that prevails in that
particular area. In such areas laws are oral, no
proper documentation exist. Such areas are
mostly traditional and underdeveloped.
While in modern societies laws exist in
documented forms. In such societies rationality
and logic is the basis of law (Jurisprudential
Approach).

4. What is meant by Labor law?
Labor laws mediates the relationships
between workers (employees), employers
and government.
There are two types of labor laws:
Collective labor law that relates to the
tripartite relationship between employee,
employer and the union, association or the
government.
Individual labor law that covers
employee`s workplace rights enforced by
the agency where he/she is working.

5. History of labor Law?
Labor laws arose parallel with the industrial
revolution as the relationship between
workers and employers changed from small
scale production studios to large scale
factories.
Workers sought better rights to join (avoid
joining) unions and associations, while
employers sought more predictable, flexible
and less costly workforce.
England was the first country to
industrialize, it was also the first to face the
alarming consequences of the capitalist in a
totality and laissez-faire economic
framework. Over the course of time from the
late 18th and mid 19th century the foundation
for the modern labor laws were slowly laid.
This was largely achieved through the
concerted pressure from the social reformers
notably Anthony Ashley Cooper, 7th earl of
Shaftsbury and others.

6. Labor laws in constitution of Pakistan
Article 11 prohibits all forms slavery , forced labor and child labor.
• Slavery is non existent and forbidden and no law shall permit or facilitate its introduction into constitution
in any form.
• All forms of forced labor and traffic of humans are prohibited.
• No child below the age of 14 shall be engaged in any factory or mine or any hazardous employment.
Article 17 provides for a fundamental right to exercise the freedom of association and the right to form
unions.
• Every citizen shall have the right to form association or unions, subject to any reasonable restriction
imposed by the law in the interest of public order.
• Every citizen not being in the service of Pakistan, shall have the right to form or be the member of any
political party subject to any reasonable restrictions imposed by Law in the interest and sovereignty and
integrity of Pakistan and such law provide that where the federal government declares any political party
has been formed or is operating in a manner prejudicial to the sovereignty and integrity of Pakistan, the
federal government shall, within 15 days of such declaration refer the matter to the Supreme Court of
Pakistan whose decision on such reference shall be final.
Article 18 prescribe the right of its citizens to enter upon any lawful profession or occupation and to conduct
any lawful trade and business.
Article 25 lays down the right to equality before and prohibition of discrimination on grounds of sex alone.
• All citizens are equal before the law and are entitled to equal protection of law.
• There shall be no discrimination on the basis of sex.
• Nothing in this article shall prevent the state from making any special provision (responsibility) for the
protection of women and children.
Article 37(e) makes provisions for securing just and humane conditions for work and, ensuring that children
and women are not employed in vocation(particular occupation) unsuited to their age and sex and for
maternity benefits of women in employment.

7. Critical analysis on the labor laws contained in the
Constitution of Pakistan
There is need of amendment in the article 11 as it failed its purpose of introduction. Like;
• Slavery still prevails in large scale in the rural areas as well as in the urban areas.
• Heap of women and child are force to work in Brick Kilns, factories and agricultural lands.
• Almost all the children who are forced to work or work willingly have age below 14.
• The influentials involved in human trafficking, forced labour (child-women) are either the part
of the legislature or have influence on the legislature persons.
Different types of associations and unions are made but there is no proper check and balance on
such associations and unions. Like;
• CNG cartels, Clerks unions, Drivers associations, Teachers associations etc boycott there work
and go for protest against the system and try blackmail the government.
• These cartels and associations hoard commodities in accordance with the situation to get extra
personal benefits.
• Most of the parties have heavy illegal armed wings operating and enjoying liberty in their
respective arenas. They also enjoy their relations inside the legislature.

8. Continued…..
Article 18 also need amendment as the citizens of Pakistan are deceived so many times by
people from among them. Like:
• Different organizations are established on legal grounds, they contact people and ask for their
investments then in a blink of an eye these organizations vanish their existence. Like Biznaas
Scheme in the District Chitral.
• Many government officials make wrong use of their authorities to get extra personal benefits.
There is also a need to amend the article 25 because:
• There should be some separation of jobs and positions on the basis of sex, as there is a lot of
difference between men and women mentally and physically. As some of the jobs requires
more mental and physical energy. So men should be paid more than females as they put
greater efforts.
Women and children are exposed to severe harsh situations while doing their jobs. Their daily
wages are below from as mentioned by the government. They are also made to do extra time for
nothing or for least amounts. Women mostly face harassments from their co-workers as well as
from their superiors.

9. Conclusion
• Jobs that involve severe physical energy should be made forbidden on females and children.
• The age limit should be reconsidered for the child labor.
• There should be law which forbids the entrance of a person with any sort of criminal record or
affiliations with criminals to enter the legislature.
• There should be strict and severe punishment against the different associations, unions and
organization if they overrun their legal grounds and limitations.
• There should be strict laws against the parties having armed wings and should be banned
permanently.
• There should be proper laws to monitor the privately owned organizations.
• There is a weak check and balance system on profession also. For example the minorities are
allowed to sell liquor in their respected areas to their own communities. But the consumers are
not only from their communities, large numbers of Muslims are also among the consumers.
• In workplaces males and females do same types of jobs but still females are paid less than
males and rarely considered for promotions. Females remunerations should be equal to males
and should be given equal chances of promotions.

10. Thanks for your attention
Any Question!