This document provides an overview of employment laws in Pakistan. It discusses laws related to equal employment opportunity, minimum wage, working hours, minimum age, and reference checking. The presentation is given by Omer Malik, Amat-Ul-Mateen, and Hassan Gehlan for a course on recruitment and selection. It covers topics such as gender equality, protections for minorities and people with disabilities, harassment laws, minimum wage rates, working hour limits, maternity leave entitlements, and age restrictions. The document provides references to relevant Pakistani constitutional articles and labor acts and ordinances, and offers advice for human resources managers on complying with these employment laws.

1. Presented by:
Omer Malik
Amat-Ul-Mateen
Hassan Gehlan
Employment Laws in Pakistan
Course: Recruitment & Selection

2. Learning Objectives
 Introduction
 Interview
Topics:
Equal Employment Opportunity
Employment information
& health security
Minimum Age
Minimum Wage
Employment Reference Checking
Working hours and holidays
Conclusion
 Q/A Session
2

3. Employment Laws in Pakistan
Equal Employment
Opportunity
Disability
Minorities
Harassment
Gender
Employment Information
and health Security
Working hours and holidays
Maternity Laws
Minimum Wage
Minimum Age
Employees Reference
Checks
Previous Employment
Education
3

4. Gender
Minorities
Disability
Harassment
4

5. Laws with Reference
Article 11 is related to the forced labor, slavery and
prohibition. No one has the right to force anyone for labor
Article 17 is related to freedom of association. Every
citizen has right to become part of any union unless if there
is any restriction for country safety
Article 18 is related to the freedom of trade, business and
profession. According to the article, any citizen can enter to
any profession, trade or business as per required
qualification
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6. Gender:
Article 25 of constitution of Pakistan is related to Equality
of Citizenship. Article 25 talks about that all the citizen have
equal rights and there is no discrimination on the basis of
gender and there can be separate laws which can provide
benefit to the children and women in different forms
Article 27 title is safeguard against discrimination in
services. Exception of qualification basis, on citizen can be
discriminated on the basis of race, caste, gender, religion,
place of birth and residence
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7. Minorities:
Article 36 talks about the protection of minorities. The
main purpose of this article is highlight that minorities are
equal to Muslims and their protection and rights and
interest are also very important and have right to make
their representation in federal and local public institutions.
Article 37 whose title is promotion of social justice and
eradication of social evils. The clause e and f are directly
related to EEO laws.
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8. Disabilities Law:
C159 of ILO title of Vocational Rehabilitation & Employment
(disabled persons) is in enforcement in Pakistan
In section 10 of Disabled Person Employees and
Rehabilitation ordinance 1981 which is related to
establishments to employ disabled person
Clause 1 of section 10 emphasizes that in any establishment,
minimum 3% of representation should be from disabled
8

9. Harassment Laws:
Section 2C of the protection of woman harassment at
workplace act 2011 provides guidelines of behavior to all
employees including the owner to make harassment free
environment for women at work
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10. Applications
Job AD
These laws start implementing while making advertisement
for the vacancy. If the job is related to the office work, then.
There should not be any discrimination on the basis of
gender, caste, color, religion and disabilities unless disabled
person cannot perform the job.
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11. C.V Screening
There should be no screening on the gender basis
Screening should not be done on the basis of minorities and
religion
Selection
Selection should be purely on the basis of actual
requirement of job
There should not be any discrimination related to disabled
person and woman
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12. Advice for HR Managers
Under all the laws related to the equal employment
opportunities as mentioned earlier the HR managers are
advised to follow them strictly and base all their policies
upon them
They should mention that they are “equal opportunity
employers” on the boards in the organization, on its website
and the job ads they give for filling the vacancies. Any
biasness like based on gender, religion, race, colour, etc.
should not be shown throughout the recruitment and
selection process
12

13. Employment Information and health
Security
Information related to employment like:
 Wages
 Facilities
 Employment particular
 Probation period, and fixed term contracts, health etc.
13

14. Laws with Reference
In section 2 of Schedule standing ordinance of the
industrial and commercial Employment 1968, term and
conditions should be given in writing such as appointment,
transfer and promotion.
According to Section 1, probation period should not more
than 3 months. Contract based employment should will be
of 9 months which can be renew during employment.
According to Section 3, last in first out method will be used
for retrenchment
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15. Chapter 3 of Factories act 1934 is based on health and
safety issues in industrial sector. It has 13-33Q sections. It is
the responsibility of employer to train and provide safety
equipment to workers
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16. Applications
Provide employment Application form and take signature
of the Candidate
Provide written agreement of hiring the candidate
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17. Advice for HR Managers
According to the laws the HR managers should ensure that
whatever the terms and conditions and agreements with
the current employees or new hires are decided, they
should be in writing with the consent shown through signs
of both the parties
The contractual employees are also to be given required
facilities and their contracts cannot be terminated against
the terms and conditions already decided
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18. Working hours and holidays
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19. Laws with Reference
Section 34 of factories Act 1934 allows 48 hours week in a
week and for seasonal production, maximum 50 hours of work
Section 35 is related to weekly holidays. No one allowed
working on Sunday unless he takes one holiday immediately
before or after three days
According to section 36, no one is allowed to work 9 hours in
a day
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20. Maternity Laws:
Section 36, Chapter 5 of The Provincial employment
social security ordinance 1965 is related to maternity
benefits
According to section 3, 4 of The West Pakistan maternity
benefit 1958, woman can get 3 months leave with full pay
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21. Applications
In job ad define the work schedule of the job. Job timing
laws will be applicable here
Employment Application Form
Give option of availability of employer for the work
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22. Advice for HR Managers
The jobs in which women are hired should be designed
accordingly so that they should be working in between 6 am
and 7 pm. No employee should be forced to work more
than 8 hours a day
All the holidays entitled by the government should be
given to the employees. If a worker is doing his/her job
more than 8 hours a day or on national holidays they should
be paid double for all the over time or hours they worked
on a holiday. The maternity, sick, marriage and etc. holidays
should be allowed with the pay as prescribed in the law.
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23. 23

24. Laws with Reference
There are different types of acts, ordinance are working in
Pakistan related to wages such as the Minimum wage
Ordinance 1961
Pakistan Minimum Wages for Unskilled Workers
Ordinance, 1969
COAL MINES (FIXATION OF RATES OF WAGES) ORDINANCE,
1960
The Payment of wages act 1936
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25. Amendment in the section 3 of Minimum Wages for
Unskilled Workers Ordinance 1969 has set the minimum
wage for unskilled workers Rs 12000(26 days) per month
Section 3 and 4, of Coal and Mines (Fixation of Rates of
Wages) Ordinance 1960 is also related to minimum wages in
coal and mines sector.
Section 3,4,5 of the payment of wages act 1936 are related
to who is responsible to pay the wages, the period of
payment of wages should not exceed 1 month and wages
should be distributed till 7th date of the month
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26. Compensation
Section 47 of chapter 4 related to factories act enforces
extra pay for overtime. This would be double of the regular
wages
Section 48 restricts the double employment in same
factory
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27. Bonus
In industrial and commercial employment ordinance 1968,
10-c payment of Bonus, if an employer gets profit, he has to
pay bonus to a worker, working for him more than 3 months
Section 10-A emphasizes the importance of group incentive
scheme for workers whose production exceeds from others
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28. Applications
Job Ad
Salary of the workers should be according to the rules
Explain the grade or salary range of employee in Job Ad
Selection
 While negotiating with the candidates for final selection
on the basis of salary, minimum salary should be according
to the law.
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29. Advice for HR Manager
The HR managers should strictly follow the minimum wage
for the unskilled labour as notified by the government of
Pakistan or the respective province
If a worker is doing his/her job more than 8 hours a day or
on national holidays they should be paid double for all the
over time or hours they worked on a holiday so the annual
bonuses and incentives should be transparently delivered to
the employees
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30. HR managers should also ensure that all the employees
are paid in time
Many organizations are into the practices of outsourcing
the labour through labour contracts to third parties
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31. Minimum Age
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32. Laws with Reference
Section 3 of article 11 clarifies that no child below the age
of fourteen can work in mine, factory and other risky places
Section 26 of Mines act 1923 explains that children are
not allowed to work in mines
Section 26 A limits the work age in mine of 17 years if the
child has not fitness certificate
Section 26 B highlights the break of 12 consecutive hours
if the age is below 17 years
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33. Section 3 of The Road transport workers ordinance ,1961 defines that
any type of road transport services are not allowed unless the age of 18
years.
Section 20 of Shop and establishment ordinance 1969 clarifies that no
child is allowed to work in any establishment
Similarly section 110, Chapter 8 of Merchant shipping Ordinance of
2001 restricts that no citizen is allowed below the age of 15 to perform
work in any ship.
International Labor Ordinance convention 138, Minimum age
convention 1973,c-15 minimum age (trimmers and stokers) convention
1921,C182 worst form of child labor convention,C6 & C90 night work of
young people industry ,convention 59 minimum age industry
convention are in enforcement.
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34. Applications
C.V screening:
Verify the age in C.V about the requirement of minimum
age.
Selection:
Get the evidence such as CNIC & driving license to verify the
age
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35. Advice for HR Managers
 The age of the person to be hired should be strictly
checked and verified before hiring.
It has to be usually for the labour, uneducated person or
below Matriculation. Their age can be verified through Birth
certificates and the B-Forms.
If you are hiring a teen below 18 you should provide
him/her with all the extra benefits and facilities which law
entitles him/her to.
35

36. Employees Reference Checking
Previous Employment
Education
36

37. Laws with Reference
In section 3 of Defamation Ordinance2002, it is clearly
mention “Any wrongful act or publication or circulation of a
false statement or representation made orally or in written
or visual form which injures that reputation of a person,
tends to lower him in the estimation of others or tends to
reduce him to ridicule, unjust criticism, dislike, contempt or
hatred shall be actionable as defamation”.
Absolute and Qualified privilege is given in section 5 and 6
to the person who gives information on the order of
parliament and to the proper authorities.
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38. Chapter 21 of Pakistan Penal Code is related to
Defamation laws and its explanations
These laws comprise of regulating previous organizations
where the employees have been engaged. The verification
can be done by the organization itself from previous
organizations and with the help of other institutions
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39. Applications
Employers should take consent from candidate for the
reference check
Reference information should be related to work
According to law if the candidate found guilty, should be
given enough time to defend himself
Educational and Employment reference checking should
be according to the law
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40. Advice for HR Managers
 All the laws related to reference checking should be
followed strictly as this is a critical process and your
previous employee or the new hire can sue you on the
slightest of misinformation or error
 First of all you should take the consent of the person to
be hired in written for the reference checking
 While seeking information from his/her previous
employer you should never ask for personal information.
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41.  The reference checking with government record should
be made through the proper process and in an official
way.
 You should always provide with the factual and non-
biased information. But never disclose the personal
information or habits of anybody. You may also call your
previous employee to verify the reference.
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