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com/doc/20247549/HR-in-Pakistan-Equal-Employment-Practices HR in Pakistan : Equal Employment Practices

Equal employment opportunity act

The Equal Employment Opportunity Act of 1972 (Public Law 92-261) instituted the federal Equal Employment Opportunity program, which is designed to ensure fair treatment to all segments of society without regard to race, religion, color, national origin, or sex. That's very nice EXCEPT that wasn't the name of it. It was the Equal Opportunity Act of 1972...period. While it created the EEOC, the word Employment was NOT in its title! The EEOC was created in the 1964 Civil Right Act. The 1972 Act gave it authority to sue employers. ACCORDING TO THE PAKISTAN`S LAW Pakistan constitution puts a 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 (Art. 27). It also provides that "steps shall be taken to ensure full participation of women in all spheres of national life" (Art. 34). The constitution commits the State to secure the well-being of the people, irrespective of, inter-alia, their sex by (Art. 38 (a)) raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few for general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants. Pakistan is a signatory of the following international instruments: The federal government announced its Labour Welfare Package for Workers making it mandatory for the organizations to offer gender equality and affirmative action. In summary, it warrants: *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 labour 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. The Federal Government introduced new labour policy in 2002 empowering labour 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 up gradation 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. A significant characteristic of new labour policy is 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 labour by redefining temporary jobs in accordance with international standards. The policy pledges equal opportunities for all and categorically bans child and bonded labour, and discrimination on the basis of gender, sex, race etc. There are other recent steps taken by the Pakistan Government that have improved the recruitment environment in Pakistan, like: National Policy and Plan of Action for Elimination of Child Labour (2000); National Policy and Plan of Action for the Abolition of Bonded Labour (2001); and endorsement of ILO Conventions 100 and 182. Federal and provincial governments have also made legislations about the provision of 2% quota for special (disabled) people in the employment in all departments. This was enacted by the Disabled Persons (Employment and Rehabilitation) ORDINANCE (1981). LEGISLATIVE FRAMEWORK REGARDING EEO IN PAKISTAN

The main law governing OHS is the Factories Act 1934 Chapter 3. The Hazardous Occupation Rules of 1978 regulate certain occupations as hazardous, and contain special provisions to regulate the working conditions in those occupations. Each province has also enacted its own Rules within the mandate of the Factories Act. In addition there are other laws dealing with OHS: The Mines Act 1923 Social Security Ordinance 1965 Workmens Compensation Act 1923

Shop and Establishment Ordinance 1969 Dock Labourer Act 1934 The health and safety measures prescribed in most of the above laws have not kept pace with the rapidly changing times. Many of the sectors with grave OHS hazards (and most workers anyway) are not covered by these laws. They contain very few technical standards. Furthermore the occupational exposure limits (OELs) now common all over the world are still missing from Pakistans laws. These laws must be thoroughly revised and updated. Although there are many laws regarding the health and safety in Pakistan but the main problem has been implementation of these laws . proper implementation of these laws still lack in almost all the organisations of Pakistan which makes these frameworks rather useless . WORK PLACE VIOLENCE IN PAKISTAN ISLAMABAD, August 24, 2009 (Baluchistan Times): The prompt and effective legislation over the Protection against Harassment at the Workplace Bill 2009 would ensure a better environment to women at their specific workplace. The legal experts and rights activists of the Capital were of the view that prior to it, there were no specific laws dealing with workplace harassment. They said before the launching of the Bill, women had no legal source to justice against their colleagues, supervisors or employers who while taking advantage of their weaker partners for their ineterst. It is generally observed that women all over the world, and in our own country are subjected to varying degrees of discrimination, exploitation and violence. Harassment at workplace is a very serious issue as it has been related to the right of women to live with honour. To protect women against harassment at workplace, the government had taken special measures by starting formulation of the bill which had been laid in the House on April 10, 2009. Mrs Sanam Advocate, a well known face in city courts, commented that there was need for an exclusive act to handle the growing issue after the ratio of working women had kept on increasing. She said, Its implementation will take time because women are shy of raising their voices against unwanted things. She also stressed for creating more awareness about female rights besides, swift legislation over the issue. Shaheena Iqbal Advocate also shared the same view and said that women at their workplace required better environment without compromising over their dignity. Misbah Kanwal, a social and rights activist of a non-governmental organization, replied that females were generally deprived of their rights and an effective legal mechanism leading to punishment was expected with the upcoming Act. Kowkab Iqbal advocate, Chairman Pakistan Human Rights Society, opined that various provisions of Constitution of Pakistan guaranteed protection to women rights. He said, quick legislation and sound litigation would yield desired results. Minister for Social Welfare and Special Education, Samina Khalid Ghurki had also commented that the Harassment Bill would support women at federal, provincial and district levels covering maximum ground to address the issue comprehensively. According to available details, the code of conduct and procedure had also been included in the bill which includes guidelines for behaviour of the employess, management included which would ensure that there is no harassment at the work place. On June 27, the National Assembly Standing Committee on Women Development had reviewed the report and recommendations of the subcommittee on the bill and referred it back for further discussion with the concerned ministers to

remove gaps and contradictions. In another development, the National Assembly Standing Committee on Law and Justice had amended a bill over Pakistan Penal Code (PPC) Section 509 to effectively tackle and discourage all kinds of unwanted advances at work places. It had discussed the section 509 PPC and added the new clause 509-A., which said Whoever makes sexual advances or demands sexual favour or uses written or verbal or physical conduct of a sexual nature which intends to annoy, intimidate or threaten the other person or commits such acts at the premises of work place, or makes submission to such conduct shall be punished for three years .

Equal Employment Opportunity and Affirmative Action Equal Employment Opportunity (EEO) prohibits discrimination against anyone on any pretext. EEO speaks of the equality of every human being (irrespective of gender, religion, caste, ethnicity, color, age, physical disability etc) while considering a candidate before, during and after employment. EEO antidiscrimination protections apply to all of the terms and conditions of employment, including, but not limited to recruitment and selection, opportunities, hiring, promotions, work

testing, training and

development

transfers,

assignments, discipline, compensation, discharge, performance evaluation, working environment and other conditions of service. Affirmative action (AA) is an effort to undo the unfair practices of the past in the organizations. AA is a means to level the playing field for females, individuals with disabilities, underprivileged classes and minorities as a logical step towards equal employment. Pakistani law makes it obligatory for employers to follow EEO principles. Affirmative Action however is expected to be implemented as a voluntary component of EEO Policy. EEO does not, in any circumstance, mean that the managers should hire unqualified candidates in breach of merit. This is only a mechanism to avoid unfair practices and biases during employment process.

Some Important Definitions A person with a disability is defined to be an individual who has a physical, mental or sensory deficiency which obstructs him or her in obtaining and maintaining permanent employment and promotional

opportunities, and whose deficiencies are material (not minor), static, and permanent, as they are rarely fully cured by medical replacement, treatment, or surgery. In Pakistan, such persons are called special citizens to show care and respect for them in the society. Minority is defined as a group which is smaller in number than the rest of the population of a state, whose members have ethnic, religious or linguistic features different from those of the rest of the population, and are guided, if only implicitly, by the will to safeguard their culture, traditions, religionor language. It will be a matter of individual choice to belong to a minority. Underprivileged class is the one lacking opportunities or advantages enjoyed by other members of a community. They generally experience a pattern of disadvantage or inequality or may have an ascribed status at birth. In Law Pakistan constitution puts a 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 (Art. 27). It also provides that "steps shall be taken to ensure full participation of women in all spheres of national life" (Art. 34). The constitution commits the State to secure the well-being of the people, irrespective of, inter-alia, their sex by (Art. 38 (a)) raising

their s t a n d a r d o f l i v i n g , b y p r e v e n ti n g t h e c o n c e n t r a t i o n o f we a l t h

a n d me a n s o f p r o d u c t i o n a n d 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. Pakistan is a signatory of the following international instruments: ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (ratified on24/1/1961) 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)On 30 April 2000, the federal government announced its

Labor Welfare Package for Workers making it obligatory for the organizations to offer gender equality and affirmative action. In summary, it warrants:

E q u a l r e mu n e r a t i o n f o r me n a n d wo me n f o r wo r k o f e q u a l v a l u e t h r o u g h a p p r o p r i a t e legislat ion. 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. The Federal Government introduced new labor policy in 2002 empowering labor courts to order re-

i n s t a t e me n t o f i l l e g a l l y d i s mi s s e d w o r k e r s o r a wa r d r e a s o n a b l e c o mp e n s a t i o n i n l i e u o f r e - instatement. This policy also calls for extension and up gradation 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. A significant

characteristic of new labor policy is strengthening bilateralism with leastlegislative 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. There are other recent steps taken by the Pakistan Government that have improved the recruitment environment in Pakistan, like: National Policy and Plan of Action for Elimination of Child

Labor ( 2 0 0 0 ) ; N a t i o n a l P o l i c y a n d P l a n o f A c t i o n f o r t h e A b o l i t i o n o f B o n d e d L a b o r ( 2 0 0 1 ) ; a n d endorsement of ILO

Conventions 100 and 182.Federal and provincial governments have also made legislations about the provision of 2% quota for special (disabled) people in the employment in all departments. This was enacted by the Disabled Persons (Employment and Rehabilitation) Ordinance 1981. In Practice Contrary to the federal laws, Pakistani organizations in practice do not offer equal employment opportunities to the candidates and there are instances of discrimination against candidates on the basis of gender, religion, ethnic origin etc. Since the literacy rate in females is less than males, there is only a limited female presence in the organizations and it is not deemed viable or safe for a female to be employed in a predominantly male set-up. This situation is nonetheless on the change in the organizations in the big cities where females can in general work better than males, for example in the education sector, textile designing and interior decorations industry. Even if the EO principles are observed

in an organization, the so-called jargons of ''circumstances ''and ''acceptability'' are used as a cover for inappropriate discrimination. This unfairness is practiced during short listing of applications as well as in interviews. The short listing prejudices have also

beeno b s e r v e d i n th e f e d e r a l a n d p r o v i n c i a l g o v e r n me n t jo b s t o b e f illed through Public Service

Commission. EO in Pakistan is not a mere implementation issue, but is also faced with the challenge of better understanding and education at the institutional level. The decision makers need to be educated that EO is just not a human rights issue, and the relationship between organization procedures and the individual cognitive is bilateral. Current EO crisis in the country has its implication both for the employers and the recruits and at a wider scale the whole economic level. With financial and productivity targets as the top most priority, a typical Pakistani employer fails to understand that EO i mp l e me n t a t i o n c a n b e t o h i s o w n a d v a n t a g e a s i t wi l l i mp r o v e t h e q u a l i t y o f r e c r u i t me n t in his organization that will contribute to cost

effective decision making. The managements refusal to follow EO principles is incurring extensive cost, as it is also rending organizations inadequate to compete in an increasingly global market. This has resulted in the absence of a proactive response to the need for a quality staff that will promise competitiveness through quality production. HR is a complex field and ambiguity and ambivalence persist at

eachs t a g e o f e v o lu t i o n a n d p r o g r e s s t o wa r d s a n e q u i t a b l e a n d e f f e c t i v e ma n a g e me n t o f h u ma n r e s o u r c e s . Ou r s t u d y o f H R e v o l u t i o n i n P a k i s t a n i o r g a n i z a t i o n s s u g g e s t t h a t , i r o n i c a l l y a n d precariously,

the promotion of objective recruitment and selection on merit is resorting, for credibility, to being implemented within the traditional recruiter''s agenda of conceptualization. This is more like eyewash than a sincere effort to practice EO.T h e w h o l e s y s t e m o f p e r f o r m a n c e m a n a g e m e n t o r a p p r a i s a l i s m i s s i n g i n t h e m a j o r i t y o f organizations. Even in the public sector where it is a legal requirement, superior officers try to avoid or delay writing ACRs (Annual Confidential Reports) of their subordinates as far as possible. This deprives the eligible employees to be considered for promotion or increment and leaves decisions on discretion instead of systems thus causing a violation of EEO principles n some organizations, workers are not allowed to complete their consecutive three months in service, and are replaced with the new workers; or they are re-employed after a break of a few days or weeks. This is done in order to avert legally automatic confirmation of a worker in service after t h r e e mo n t hs o f c o n t i n u o u s e mp l o yme n t . J o b s e c u r i t y i s a f a r c r y f o r e mp l o ye e s a t t h e l o we r echelons. The legal mechanism has not proven effective for the individual pleas in the past and more than 95% of the cases of violation of employees rights by the employers are not reported in a courto f l a w . A p a r t f r o m b e i n g u n a b l e t o a f f o r d t h e c o u r t a n d l a w y e r f e e a n d t o s a c r i f i c e o n e s breadwinning time, this is also due to lack of general awareness in the recruits about their rights and privileges under law. This is a practical dilemma that HR in Pakistan faces in the absence of a merit based recruitment policy, and the recruitment made on gut and objectivity based discretion. Discretion in Selection Merit, unfortunately, does not come at the top while considering a candidate for employment. Most of the jobs are filled through personal connections of the

candidates within the organization (Sifarish) thus compromising the quality of recruitment. Pakistan is a high context society and tribal and ethnic fraternities among people are influential enough to weaken the system of merit in recruitmet Another interesting factor to secure a job is the Alumni network of certain institutes. For example,

inKa r a c h i , a n i n f o r ma l b u t v e r y i n f l u e n t i a l n e t wo r k o f g r a d u a t e s o f I B A ( I n s t i t u t e o f B u s i n e s s Administration) is in operation that tends to prioritize graduates of this institute for employment. Similarly alumni networks of LUMS and the Punjab University are operating in Lahore. There is a tendency in the line managers requesting for an employee is to use a mix of gut and objectivity to select a suitable employee. Interestingly both of these terms are self-contradictory. Conventionally the line managers are not ready to accept the idea that a systematic and scientific procedure is more reliable to help them find a suitable staff member. They normally act in order to judge a candidate by evaluating his fitness in the so-called organizational culture and the corporate strategy. They term the formal and standard HR selection and recruitment practices as bureaucratic, clerical and a waste of paper and time. Subsequently EO is not one of their priorities. Line managers tend to outsource or recruit people with the informal sources of recruitment; for example: word of mouth, or through direct contact and bargaining with the recruit working somewhere else. This results in autonomy eligible candidate.

and unaccountability of their

choice

over a more

Ironically t h e s e l i n e ma n a g e r s a r e a p p l e o f t h e c h i e f e x e c u t i v e s e ye s b e c a u s e o f t h e i r c o r e p r o d u c t i o n services for the organization. Their opinion is prioritized by the decision makers to that of

thewelfare oriented human resource department. This relegates the HR advisors and staff to aperipheral position in the organization and their role is contained to little or no authority. This would not be out of place to mention here (as has been the experience in some major organizations in the West) if the line managers assume the responsibility of equal employment principles

in letter and spirit, then the devolution of hiring authority from HR to the line departments can be acceptable. But this is not the current situation in Pakistan where even the staff working in Personnel or HR is not suitably educated or trained about EEO issues, and to expect this from line managers would be unrealistic. Another major EEO issue in Pakistan is the recruitment of a huge workforce on political basis in violation of merit. Instead of crating jobs, successive governments have been acting as employment exchanges to provide jobs to their political activists and supporters. We would like to cite a few examples in this regard. In 2002, the provincial government in Punjab announced to put five thousand posts in education and health s e c t o r s a t t h e d i sp o s a l o f t h e members of provincial assemblies to be filled on their recommendations. This decision was termedas the last nail in the coffin of recruitment through merit. This has been feared that such practice will ratify political recruitment as a norm rather than an exception. Another challenge is the need to provide a better compensation packages to public sector employees in the form of fixed package and not discretionary funds or privileges that are often misused. In January 2002, a case of taking bribes in the recruitment of police constables in Bannun and LakkiMarwat districts was reported in the national press. This and other similar incidents are not unusual in Pakistan. In March 2002, a complaint regarding appointment of four junior secretarial assistants in the Civil Aviation Authority (CAA) against the merit policy was reported. According to this report, two of the four appointees were stated to

have close family relations with some high-ups at the CAA headquarters in Karachi while qualified candidates were ignored in the interview. One of the affected candidates said that the brother and the nephew of the section officer to director administration, headquarters, and the nephew of a former

deputy director general of CAA were selected. We would like to quote excerpts from a letter by an ordinary Pakistani written to the editor of an English daily in 2001, commenting on the recruitment practice in the country: "............. The lopsided nature of the services and the flawed system of recruitment and influence paddling has played havoc with the discipline, efficiency and output of the services. The number or recruitment systems, which are used for employment, would also be a record and so many systems would not have been used in any other country! Except a few regular Central and Provincial Services, where recruitment is made through competitive examinations, various other methods are used. There are no set rules or procedure or scale of pay for hiring of the so-called experts, advisors and others who are employed on contract or the regular basis. If the present government wants to ameliorate the condition of salaried class with limited and fixed income, it should take immediate steps to make basic changes in the recruitment policy, which should be one for all employees. ...." Islamic Perspective of Equality According to the Quran, dignity of the children of Adam is a heavenly conferral that is to be protected by all means, including the law and the state, and is to be safeguarded by all forces: " We h a v e c o n f e r r e d d i g n i t y o n t h e c h i l d r e n

o f Ad a m, a n d b o r n e t h e m o v e r l a n d a n d s e a , a n d provided for them sustenance out of the good things of life, and favored them far above most of our Creations." (17:70)A tyrant is against human rights and the God as well: "Pharaoh turned into a tyrant on earth, and discriminated against some people. He persecuted a helpless group of them, slaughtering their sons, while sparing their daughters. He was indeed wicked." (28:4)Bias on the basis of gender or any other pretext is not allowed in society as the Quran speaks of human equality in the following terms:

O mankind! We created you from a single soul, male and female, and made you into peoples andtribes, so that you may come to know one another. Truly, the most honored of you in God''s sight isthe greatest of you in piety. God is All-Knowing, All-Aware." (49:13)

Gender Bias Islam is the state religion and it is obligatory to regard certain religious practices. For example shaking hands and publicly intermixing with the opposite sex, and wearing of inadequate dress is not appreciated or accepted in general. This should not be perceived as gender inequality but is an expression of special respect for women in a Muslim society. The strictness or leniency of religious values varies from one group of people to the other. This speaks of regional instead of religious attitudes on the basis of gender. Pushtuns in the North West Frontier Province and Baluchistan have comparatively rigid ideas about religion, however people in modern cities like Lahore, Karachi and Islamabad are more liberal and open-minded. Pakistani society in general

is tolerant, with thee x c e p t i o n o f a m a r g i n a l p r e s e n c e o f h a r d c o r e f u n d a m e n t a l i s t s w h o b e l i e v e i n t h e i r o w n interpretation of religion. In the year 2000, female adult literacy rate was 27.9% for the girls aged 15 and above. The same rate was 57.5% for males of the same age group. Male estimated income (PPP) in US$ was 2,884as compared to only 916 for females. Female representation in lawyers, legislators, senior officials and managers was 9% of total as compared to 26% representation in professional and technical workers. Gender inequality in education spoke of a 27.9% female adult literacy rate as compared to48% rate for adult males. Female youth literacy rate was 41.9%.Female economic activity rate (age 15 and above) was 35.3%. Female employment in agriculture(as a %age of female labor) was 66%, whereas male employment in agriculture was 41% of male labor force. Female employment in industry was 11% of female labor force whereas the same figure for males was 20%. Female employment in the services sector was 23% of female labor force whereas for males, this figure was 39%. Female contributing family workers were 39% of total, whereas males contributing family workers were 61% of total between 1995-2000.There are reports that women in Pakistan are kept them from key decision-making jobs in the public and private sectors. According to a gender and governance study undertaken by the National Commission on the Status of Women in collaboration with the Asian Development Bank

conductedi n S i n d h P r o v i n c e i n 2 0 0 1, n o n e o f t h e wo me n g o v e r n me n t e mp l o ye e s , d e sp i t e s e n i o r i t y a n d proficiency, could be assigned

postings equivalent to basic pay scales 21 and 22 in any of the provincial government departments or institutions. The survey found that no woman employee in BPS 20 or above was currently posted at the Services and General Administration Department, followed by 2.8 per cent each in grade 19

and grade 18. 3.6 per cent held posts equivalent to BPS17, 1.1 per cent women employees could be categorized under grade 16 and 1.7 per cent under grade 15. Even in the Education Department, where women are generally believed to be in the

highest number, a majority of them were confined to junior grades. Hackneyed discernments that women are less suitable than men for many jobs; do not stay in jobs after marriage; remain absent from work more often than men; are not mobile etc., were also cited as factors hampering women placement and promotions. With reference to working conditions, it was found that women in Pakistan work under unspoken social norms and networks. There existed a unity between men and systematic subordination or estrangement of the women. Women also reported hostility or harassment by their male colleagues, low standard of office facilities, a sense of discomfort in the seating arrangements and absence of separate rest rooms. There is a need for a wide-ranging responsiveness to gender sensitivity. While hypothetically EEO is available, in almost all organizations and professions, there have been instances where women arec o n s c i o u s l y i gn o r e d d u r i n g t h e p r o c e s s o f e mp l o y me n t a p a r t f r o m b e i n g ma r g i n a l i z e d d u r i n g promotion and placement decisions.

Special Citizens (Disabled) 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 quot a 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

disabledt o t h e Di s a b l e d P e r s o n s R e h a b i l i t a t i o n F u n d . I n f a c t , b y 2 0 0 2 , t h e N a t i o n a l C o u n c i l f o r t h e 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.

Poverty Factor The World Bank in its 2000 draft report, "Poverty in Pakistan: Vulnerabilities, Social Gaps and Rural Dynamics" points out certain social groupings such as caste, kinship and ''Biradari'' (fraternities) that influence the performance of the labor markets and associate this with susceptibility and poverty. The report urges the government to work out policy options to cure such problems (breach of merit and equal opportunity for example), through a cultural change secured by suitable legislation. The report also identifies two possible reasons for discrimination during employment. Firstly, it is costly and in some cases cumbersome to obtain information about an individual applicant. Thus the employers may use their own prejudices or informal feedback readily available (stereotyped) about the particular group the individual comes from. Secondly, the employers have a tendency to hire workers with a social collateral i.e. networking or

fraternity relationship. In Pakistan this is known asSifarish (personal recommendation) or Biradri (fraternity). This culture prevails due to a fragile v a l u e s ys t e m a n d a w e a k e r r u l e o f l a w i n t h e c o un t r y. T h e e f f e c t i s t h e mo s t r e g r e s s i v e a n d

unfavorable for the poor.

Conclusion I n P a k i s t a n , ma jo r c h a l l e n g e f o r E E O i s n o t l e g i s l a t i o n , b u t i mp l e me n t a t i o n . I mp l e me n t a t i o n necessitates appreciation of EEO a broad-scale education for and the

philosophy

competitivenessa n d v e r y e x i s t e n c e o f a n o r g a n i z a t i o n o n m i c r o a n d m a c r o l e v e l s . G o v e r n m e n t a s w e l l a s 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 whole heartedly support it. This will start with informatory session(s) for the employees about the objective and rationale of the EEO program. They can also be apprised about the results of an initial EEO assessment of the organization .Next stage will be to confer responsibility for the development and implementation of the EEO program (including a continuous review) on a committee having sufficient authority to develop andi mp l e me n t t h e e q u a l e mp l o yme n t o p p o r t u n i t y p r o g r a m. E E O c o m mi t t e e s h o u l d c o mp r i s e t h e representatives of the management, women, minorities, disabled persons and other desig natedgroups.EEO committee will collect and record statistics and related

information concerning employment matters in the authority, including the number, classification and types of jobs of employees of either sex and designated groups. Also the existing policies and practices of the authority in relation to employment should be reviewed to remove discrimination. There should be an analysis of

theq u a n t i t a t i v e a n d o t h e r i n d i c a t o r s a g a i n s t wh i c h t h e e f f e c t i v e n e s s o f t h e E EO p r o g r a m w i l l b e a s s e s s e d ; a n d t h e i mp l e me n t a t i o n o f t h e EE O p r o g r a m s h o u l d b e mo n i t o r e d t o a s s e s s t h e achievement of the objectives by comparing relevant data. This is to ensure that all employees are being used efficiently and effectively; and have been provided with effective education and training to improve organizational and individual performance. This will also guarantee that all employees are protected against arbitrary action, personal favoritism and coercion; and all necessary steps have been taken to maintain proper standards of employees uprightness, conduct and concern for the public interest

Labour unity labour laws

The Constitution of Pakistan contains a range of provisions with regards to labour rights found in Part II: Fundamental Rights and Principles of Policy.

 Article 11 of the Constitution prohibits all forms of slavery, forced labour and child labour; Article 17 provides for a fundamental right to exercise the freedom of association and the right to form unions; Article 18 proscribes the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business; Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone; 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.

Labour Legislation Pakistans labour laws trace their origination to legislation inherited from India at the time of partition of the Indo-Pak subcontinent. The laws have evolved through a continuous process of trial to meet the socio-economic conditions, state of industrial development, population and labour force explosion, growth of trade unions, level of literacy, Governments commitment to development and social welfare. To meet the above named objectives, the government of the Islamic Republic of Pakistan has introduced a number of labour policies, since its independence to mirror the shifts in governance from martial law to democratic governance. Under the Constitution labour is regarded as a concurrent subject, which means that it is the responsibility of both the Federal and Provincial Governments. However, for the sake of uniformity, laws are enacted by the Federal Government, stipulating that Provincial Governments may make rules and regulations of their own according to the conditions prevailing in or for the specific requirements of the Provinces. The total labour force of Pakistan is comprised of approximately 37.15 million people, with 47% within the agriculture sector, 10.50% in the manufacturing & mining sector and remaining 42.50% in various other professions. Contract of Employment While Article 18 of the Constitution affords every citizen with the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business, the Industrial and Commercial Employment (Standing Orders) Ordinance was enacted in 1968 to address the relationship between employer and employee and the contract of employment. The Ordinance applies to all industrial and commercial establishments throughout the country employing 20 or more workers and provides for security of employment. In the case of workers in other establishments, domestic servants, farm workers or casual labour engaged by contractors, their labour contracts are generally unwritten and can be enforced through the courts on the basis of oral evidence or past practice.

Every employer in an industrial or commercial establishment is required to issue a formal appointment letter at the time of employment of each worker. The obligatory contents of each labour contract, if written, are confined to the main terms and conditions of employment, namely nature and tenure of appointment, pay allowances and other fringe benefits admissible, terms and conditions of appointment. Termination of the Contract The services of a permanent worker cannot be terminated for any reason other than misconduct unless one months notice or wages in lieu thereof has been furnished by the employer or by the worker if he or she so chooses to leave his or her service. One months wages are calculated on the basis of the average wage earned during the last three months of service. Other categories of workers are not entitled to notice or pay in lieu of notice. All terminations of service in any form must be documented in writing stating the reasons for such an act. If a worker is aggrieved by an order of termination he or she may proceed under Section 46 of the Industrial Relations Ordinance 2002, aimed at regulating the labourmanagement relations in the country, and bring his or her grievance to the attention of his or her employer, in writing, either him or herself, through the shop steward or through his or her trade union within three months of the occurrence of the cause of action. Forms of termination have been described as removed, retrenched, discharged or dismissed from service. To safeguard against any colorful exercise of power, victimization or unfair labour practices, the Labour Courts have been given powers to examine and intervene to find out whether there has been a violation of the principles of natural justice and whether any action by the employer was bonafide or unjust.

Working Time and Rest Time * Working hours Under the Factories Act, 1934 no adult employee, defined as a worker who has completed his or her 18th year of age, can be required or permitted to work in any establishment in excess of nine hours a day and 48 hours a week. Similarly, no young person, under the age of 18, can be required or permitted to work in excess of seven hours a day and 42 hours a week. The Factories Act, which governs the conditions of work of industrial labour, applies to factories, employing ten or more workers. The Provincial Governments are further empowered to extend the provisions of the Act, to even five workers. Where the factory is a seasonal one, an adult worker shall work no more than fifty hours in any week and no more than ten hours in any day. A seasonal factory, per section 4 of the Factories Act is that which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or cotton jute pressing, the manufacture of coffee, indigo, rubber, sugar or tea. However, if such adult worker in a factory is engaged in work, which for technical reasons must be continuous throughout the day, the adult worker may work

no more than fifty-six hours in any week. Section 8 of the West Pakistan Shops and Establishments Ordinance, 1969 likewise, restricts weekly work hours at 48 hours. The Shops and Establishments Ordinance regulates persons employed in shops and commercial establishments, who are neither covered by the Factories Act nor by the Mines Act. The Ordinance is exclusive in the whole of Pakistan except for the Federally Administered Tribal Areas. Section 22-B of the Mines Act, 1923 also fixes weekly hours of work for workers at 48 hours or 8 hours each day, with the limitation of spread-over 12 hours and interval for rest for one hour every six hours. Section 22-C further limits the spreadover to 8 hours for work done below ground level. In factories, the periods and hours of work for all classes of workers in each shift must be notified and posted in a prominent place in the principal language in the industrial or commercial establishment. The law further provides that no worker shall be required to work continuously for more than six hours, unless he or she has had an interval for rest or meals of at least one hour. During Ramadan (fasting month), special reduced working hours are observed in manufacturing, commercial and service organizations. * Paid Leave As provided in the Factories Act, 1934, every worker who has completed a period of twelve months continuous service in a factory shall be allowed, during the subsequent period of twelve months, holidays for a period of fourteen consecutive days. If a worker fails in any one such period of twelve months to take the whole of the holidays allowed to him or her, any holidays not taken by him or her shall be added to the holidays allotted to him or her in the succeeding period of twelve months. A worker shall be deemed to have completed a period of twelve months continuous service in a factory notwithstanding any interruption in service during those twelve months brought about by sickness, accident or authorized leave not exceeding ninety days in the aggregate for all three, or by a lock-out, or by a strike which is not an illegal strike, or by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate; and authorized leave shall be deemed not to include any weekly holiday allowed under section 35 which occurs at beginning or end of an interruption brought about by the leave. * Maternity Leave and Maternity Protection While article 37 of the Constitution makes reference to maternity benefits for women in employment, there are two central enactments, one federal and the other provincial providing maternity benefits to women employed in certain occupations. The Maternity Benefit Ordinance, 1958 stipulates that upon the completion of four months employment or qualifying period, a worker may have up to six weeks prenatal and postnatal leave during which she is paid a salary drawn on the basis of her last pay. The Ordinance is applicable to all industrial and commercial establishments employing women excluding the tribal areas. It also places restrictions on the dismissal of the woman during her maternity leave. Similarly, the Mines Maternity Benefit Act, 1941 is applicable to women employed in the mines in Pakistan. * Other Leave Entitlements

In addition to the 14 days of annual leave with pay, the Factories Act, 1934 provides that every worker is entitled to 10 days casual leave with full pay and further 16 days sick or medical leave on half pay. Casual leave is granted upon contingent situations such as sudden illness or any other urgent purpose. It should be obtained on prior application unless the urgency prevents the making of such application. As a customary practice, causal leave is approved in most cases. Sick leave, on the other hand, may be availed of on support of a medical certificate. Management should not refuse the leave asked for if it is supported by a medical certificate. In addition to the leave entitlements, workers enjoy festival holidays as declared by the Federal Government. The Provincial Government under section 49 of the Factories Act, 1934, states all festival holidays, approximately 13 or as further declared, in the Official Gazette. Additionally, every worker is entitled to enjoy all such holidays with pay on all days declared and notified by the Provincial Government. If however, a worker is required to work on any festival holiday, one day's additional compensatory holiday with full pay and a substitute holiday shall be awarded. Under agreements made with the Collective Bargaining Agent, employees who proceed on pilgrimage i.e., Hajj, Umra, Ziarat, are granted special leave up to 60 days. Minimum Age and Protection of Young Workers Article 11(3) of Pakistans Constitution expressly prohibits the employment of children below the age of fourteen years in any factory, mine or other hazardous employment. In addition, the Constitution makes it a Principle of Policy of the State of Pakistan to protect the child, to remove illiteracy and provide free and compulsory education within the minimum possible period and to make provision for securing just and human conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex. The Factories Act, 1934 allows for the employment of children between the ages of 14 and 18 years provided that each adolescent obtains a certificate of fitness from a certifying surgeon. A certifying surgeon, per section 52 of the Act, shall on the application of any child or adolescent who wishes to work in a factory, or, of the parent or guardian of such person, or of the factory in which such person wishes to work, examine such person and ascertain his or her fitness for such work. The Act further restricts the employment of a child in a factory to five hours in a day. The hours of work of a child should thus be arranged in such a way that they are not spread over more than seven-and-a-half hours in any day. In addition, no child or adolescent is allowed to work in a factory between 7 p.m. and 6 a.m. The Provincial Government may, by notification in the Official Gazette in respect of any class or classes of factories and for the whole year or any part of it, vary these limits to any span of thirteen hours between 5 a.m. and 7.30 p.m. Moreover, no child is permitted to work in any factory on any day on in which he or she has already been working in another factory. Factories are further required to display and correctly maintain in every factory a Notice of Periods for Work for Children, indicating clearly the periods within which children may be required to work. The manager of every factory in which children are employed is compelled to

maintain a Register of Child Workers identifying the name and age of each child worker in the factory, the nature of his or her work, the group, if any, in which he or she is included, where his or her group works on shifts, the relay to which he or she is allotted, the number of his or her certificate of fitness granted under section 52, and any such other particulars as may be prescribed. The provisions of the Factories Act, 1934 are cited in addition to, and not in derogation of the provisions of the Employment of Children Rules, 1995. The Employment of Children Rules extends to the whole of Pakistan with the exception of the State of Azad Jammu and Kashmir and delimits finite labour conditions afforded for the protection of minors. Rule 6 insists on cleanliness in the place of work. No rubbish, filth or debris shall be allowed to accumulate or to remain in any part of the establishment and proper arrangements shall be made for maintaining in a reasonable clean and drained condition for the workers of the establishment. Rule 7 further calls for proper ventilation in work places where injurious, poisonous or asphyxiating gases, dust or other impurities are evolved from any process carried on, in such establishment. As long as workers are present in an establishment, the latrines, passages, stairs, hoists, ground and all other parts of the establishment in so far as the entrance of the said places is not closed, must be lighted in such manner that safety is fully secured. In addition, in every establishment an arrangement of drinking water for child and adolescent workers is to be provided free of charge. All shafts, couplings, collars, clutches, toothend wheels, pulleys, driving straps, chains projecting set screws, keys, nuts and belts on revolving parts, employed in the establishment, shall be securely fenced if in motion and within reach of a child worker and further may not be operated by a child worker. Under the Employment of Children Rules, anyone who employs a child or permits a child to work in contravention of the Constitution is punishable by imprisonment for a term extending up to one year or may be fined up to Rs. 20,000 or subject to both. Repetition of the offense is punishable by imprisonment for a term extending up to two years and shall not be less than six months. Equality Article 38 of the Constitution imparts the States obligations aimed at achieving equality in the form of securing 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. All citizens are bestowed, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure and the basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective again of their sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment. Pay Issues Wages are construed as the total remuneration payable to an employed person on the fulfillment

of his or her contract of employment. It includes bonuses and any sum payable for want of a proper notice of discharge, but excludes the value of accommodations i.e., supply of light, water, medical attendance or other amenities excluded by the Provincial Government; the employers contribution to a pension or provident fund, traveling allowance or concession or other special expenses entailed by the nature of his or her employment; and any gratuity payable on discharge. The Payment of Wages Act, 1936, regulates the payment of wages to certain classes of industrial workers. It applies to those workers whose monthly wages do not exceed Rs. 3,000 (51.68 US$) and are employed in factories, railways, plantations, workshops and establishments of contractors. The main object is to regulate the payment of wages to certain classes of persons employed in industry. The provisions of the Act can, however, be extended to other classes of workers by the Provincial Governments after giving three months notice to the employers of their intention to do so. The Act stipulates that wages to workers employed in factories and on railways are to be paid within seven days of completion of the wages period, if the number of workers employed therein is less than 1,000. In other cases, the time limit for payment of wages to the workers is 10 days. No deduction can be made from the wages of the workers excepts as specified in the Act, such as for fines, breach of contract and the cost of damage or loss incurred to the factory in any way other than an accident. The employer is responsible for the payment of all wages required to be paid to persons employed by him or her. Similarly any contractor employing persons in an industry is responsible for payment of wages to the persons he or she employs. The persons responsible for payment of wages must fix wage periods not exceeding one month. Wages should be paid on a working day within seven days of the end of the wage period, or within ten days if 1,000 or more persons are employed. The wages of a person discharged should be paid not later than the second working day after his or her discharge. Workers' Representation in the Enterprise Until the adoption, on 29 October 2002, of the Industrial Relations Ordinance, 2002 (IRO 2002), which repealed the Industrial Relations Ordinance, 1969, Pakistan had a three-pronged system of participation in management (i.e., the Works Council, the Management Committee and the Joint Management Board), independent of each other and each having its own sphere of activities. The new text simplifies the system, introducing a single body in place of the three previous ones: the Joint Works Council (Article 24 of the IRO 2002). A Joint Works Council must be set up in any establishment employing fifty persons or more. It consists of no more than ten members, forty per cent of which are workers representatives. In the previous system, the Management Committee and the Works Council were composed of an equal number of representatives of the employer and workers, whereas the Joint Management Board had a workers participation of 30 per cent. The Convener of the Joint Works Council is from the management. The Joint Works Council deals with matters, which were of the competency of the earlier Joint

Management Board, such as the improvement in production, productivity and efficiency, provision of minimum facilities for those of the workers employed through contractors who are not covered by the laws relating to welfare of workers. It has also taken up tasks of the previous Works Council, i.e. promoting settlement of differences through bilateral negotiations, promoting conditions of safety and health for the workers, encouraging vocational training within the establishment, taking measures for facilitating good and harmonious working conditions in the establishment, provision of educational facilities for children of workers. Trade Union and Employers Association Regulation Freedom of association The right to association is guaranteed by Article 17 of the Pakistani Constitution imparting on every citizen the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. Under Article 3 of the IRO 2002, workers as well as employers in any establishment or industry have the right to establish and to join associations of their own choosing, subject to respect of the law. Both workers' and employers' organizations have the right to establish and join federations and confederations and any such organization, federation or confederation shall have the right to affiliate with international organizations and confederations of workers' and employers' organizations. Registration of trade unions Registration of a trade union is to be made under the Industrial Relations Ordinance. Workers trade unions are registered with the Registrar Trade Unions in the Province, and if the industry or establishment is nationwide with the National Industrial Relations Commission, after fulfilling a number of requirements, listed in Article 6 of the IRO 2002. Through its registration, the trade union obtains certain benefits: registration confers a legal existence as an entity separate from its members. Trade unions in Pakistan generally function on plant-wide basis, with their membership contingent on the size of the industry/trade to which they belong. Once established, the trade unions and employers' associations have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes. Collective Bargaining and Agreements To determine the representative character of the trade union in industrial disputes and to obtain representation on committees, boards and commissions, the Industrial Relations Ordinance makes provision for the appointment of a Collective Bargaining Agent (CBA). The CBA is a registered trade union elected by secret ballot. The CBA is entitled to undertake collective bargaining with the employer or employers on matters connected with employment, non-employment, the terms of employment or any right guaranteed or secured to it or any worker by or under any law, or any award or settlement . Collective agreements are thus formulated by the CBA. The agreements may contain matters

such as the facilities in the establishment for trade union activities and procedures for settling collective disputes including grievances and disciplinary procedures. Substantive provisions settle terms and conditions of employment, wages and salaries, hours of work, holiday entitlement and pay, level of performance, job grading, lay-offs, retrenchment, sick pay, pension and retirement schemes. Such agreements once duly executed by both parties become the source of law. The agreements should invariably be in writing and should be drafted with care, for they are meant to settle disputes rather than raise them. In addition to statutory benefits under the labour laws, the adjustment of rights takes place through collective bargaining including adjudication in Labour Courts. The IRO 2002 has changed the appellate procedure on the provincial level, which used to be brought before a Labour Appellate Tribunal. This institution was abolished by the IRO 2002. Appeals of Labour Court decisions now lie directly with provincial High Courts. Office bearers of trade unions are given protection against arbitrary transfer, discharge and dismissal. Any ill-intentioned action on the part of the employer against an office-bearer of a trade union or against a worker for trade union activities, is construed as an unfair practice and the National Industrial Relations Commission is entrusted with the task of preventing such offenses. Security of service is ensured to the workers. Similarly, unfair labour practices on the part of workers and trade unions is elaborated and incorporated in law. Collective Labour Disputes * Commencement of a dispute Under the IRO 2002, if an employer or a Collective Bargaining Agent finds that an industrial dispute has arisen or is likely to arise, they may communicate their views in writing to the other party. Upon receipt of the communication, the other party has fifteen days (or more if agreed) to try and settle the dispute by bilateral negotiations. *Conciliation If the parties do not manage to reach a settlement, the employer or the CBA may, within fifteen further days, serve a notice of conciliation on the other party, with a copy to the Conciliator and to the Labour Court. If the dispute is settled before the Conciliator, or a tripartite Board of Conciliators, a report is sent to the Provincial or Federal Government, with the memorandum of settlement. * Arbitration If the conciliation fails, the Conciliator tries to persuade the parties to refer their dispute to an arbitrator. If they agree, the parties make a join request in writing to the arbitrator they have agreed upon. The arbitrator gives his or her award within a period of 30 days or a period agreed upon by the parties. The award of the arbitrator is final and valid for a period not exceeding two years. A copy of the award is sent to the provincial or Federal Government, for publication in the

official Gazette. Strikes and Lock-outs * Proceedings of strikes and lock-outs If dispute settlement proceedings before the Conciliator fail and no settlement is reached, and if the parties have not agreed to refer their dispute to an arbitrator, the workers retain the right under section 31 of the Industrial Relations Ordinance 2002, to go on strike providing due notice to their employer within seven days, and the employer has the right declare a lock-out after the delay of notice of conciliation has expired. The party raising a dispute retains the option, at any time, either before or after the commencement of a strike or lockout, to make an application to the Labour Court for adjudication of the dispute. Where a strike or lock-out lasts for more than fifteen days, if it relates to a dispute which the Commission is competent to adjudicate and determine, the Federal and/or the Provincial Government may, by order in writing, prohibit the strike or lock-out at any time before the expiry of thirty days, provided that the continuance of such a strike or lock-out causes serious hardship to the community or is prejudicial to the national interest. In such case the Federal Government or the Provincial Government shall forthwith refer the dispute to the Commission or the Labour Court. After hearing both parties, the Commission, or the Labour Court shall make such award as it deems fit, as expeditiously as possible but not exceeding thirty days from the date on which the dispute was referred to it. Under section 32 of the IRO 2002, if a strike or lockout occurs within the public utility services sector the Federal Government and the Provincial Government may, by order in writing, also prohibit its occurrence at any time before or after the commencement of the strike or lockout. No party to an industrial dispute may go on strike or declare a lockout during the course of conciliation or arbitration proceedings, or while proceedings are pending before the Labour Court. In addition, the National Industrial Relations Commission (the Commission), adjudicates and determines industrial disputes to which an industry-wise trade union or federation of such trade unions is a party , as well as disputes which are of national importance. The Commission also deals with cases of unfair labour practices. * Illegal strikes and lock-outs A strike or lockout is declared illegal if it is commenced without giving notice of conciliation to the other party of the dispute, or if it is commenced or continued in a manner other than that provided by the IRO 2002 or in contravention with this text. In case of an illegal strike or lockout, an Officer from the Labour Department may make a report to the Labour Court, and require the employer or CBA or the registered trade union concerned, to appear before the Court. The Court may, within 10 days, order the strike or lockout to be stopped. In case of contravention of the order of the Court by the employer, and if the Court is satisfied

that the pursuance of the lock-out is causing serious hardship to the community or is prejudicial to the national interest, it may order the attachment of the factory and the appointment of an official receiver, who will exercise the powers of management and may do all such acts as are necessary for conducting business. In case of contravention of the order of the Court by the workers, the Labour Court may pass orders of dismissal against the striking workers, or cancel the registration of the trade union that committed such contravention. *Settlement of Individual Labour Disputes Pursuant to Article 46 of the IRO 2002, a worker may bring his or her grievance in respect of any right guaranteed or secured by or under any law or any award or settlement to the notice of the employer in writing, either him or herself or through the shop steward or Collective Bargaining Agent, within one month of the day on which cause of such grievance arises. The IRO 2002 reduces the delay from three months to one month. Where a worker brings his or her grievance to the notice of the employer, the employer must within fifteen days of the grievance, communicate his or her decision in writing to the worker If the employer fails to communicate a decision within the specified period or if the worker is dissatisfied with such decision, the worker or shop steward may take the matter to the Labour Court within a period of two months. * Labour Courts Section 33 of the Industrial Relations Ordinance, 2002 permits any CBA or any employer to apply to the Labour Court for the enforcement of any right guaranteed or secured by law or any award or settlement. The Provincial Government derives its authority to establish as many Labour Courts as it considers necessary under section 44 of the Ordinance. Each Labour Court is subject to jurisdictional limitations derived by its geographical parameters or with respect to the industry or the classes of cases allocated. Each Labour Court consists of one Presiding Officer appointed by the Provincial Government. The Labour Court adjudicates industrial disputes which have been referred to or brought before it; inquires into or adjudicates any matter relating to the implementation or violation of a settlement which is referred to it by the Provincial Government; tries offenses under the Industrial Relations Ordinance; and exercises and performs such other powers and functions conferred upon or assigned to it. While deliberating offenses, the Labour Court follows as nearly as possible procedure as prescribed under the Code of Criminal Procedure, 1898. For purposes of adjudicating and determining any industrial disputes, the Labour Court is deemed to be a Civil Court and retains the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the enforcement of attendance and examination under oath, the production of documents and material objects, and the issuance of commissions for the examination of witnesses or documents. An award or decision of a Labour Court is produced in writing and delivered in open Court with

two copies subsequently forwarded to the Provincial Government. Upon receipt, the Provincial Government within a period of one month publishes the award or decision in the Official Gazette. The IRO 2002 abolished the Labour Appellate Tribunal. Any party aggrieved by an award or a decision given or a sentence passed by the Labour Court may now submit an appeal to the High Court (Article 48 of the IRO 2002). The High Court, may vary or modify an award or decision or decision sanctioned by the Labour Court. It may, on its own motion at any time, call for the record of any case or proceedings in which a Labour Court within its jurisdiction has passed an order, for the purpose of satisfying itself as to the correctness, legality, or propriety of such order, and may pass such order, in relation thereto as it thinks fit, provided that the order does not adversely affect any person without giving such person a reasonable opportunity of being heard. Official Gazette The Federal Laws of Pakistan are published by the Government in a document called the Gazette of Pakistan. The Ministry of Justice, Law and Parliamentary Affairs in addition publishes individual Acts through the Official Gazette.

Equal employment opportunities in Pakistan

Equal Employment Opportunity (EEO) entails discrimination and makes sure that work places are free from any kind of unlawful harassment and hence assists EEO groups to overcome any mishap or past or present disadvantage. In such an workplace all employees are valued and respected regardless of any caste,creed,color,race or an affiliation with any group or any physical disability. EEO anti-discrimination protections apply to all of the terms and conditions of employment, including, but not limited to recruitment and selection, promotions, testing, training and development opportunities, hiring, transfers, work assignments, discipline, compensation, discharge, performance evaluation, working environment and other conditions of service. Affirmative action (AA) is an effort to Remove the unfair practices of the past in the organizations. AA is a means to make equal grounds for females, individuals with disabilities, underprivileged classes and minorities as a logical step towards equal employment.

According to Pakistan`s law it is however mandatory to follow the (EEO) principals. Affirmative Action, however, is expected to be implemented as a voluntary component of EEO Policy. EEO

does not, in any circumstance, mean that the managers should hire unqualified candidates in breach of merit. This is only a mechanism to avoid unfair practices and biases during employment process. EEO Model For Pakistan: There is no real effort on the national scale to introduce equal employment practices. Government and corporate sector do not have a model for EEO, and do not appreciate its rationale. A majority of employers in Pakistan take equal employment and affirmative action (AA) as a western idea not applicable to Pakistani society. Popular opinion is to think of EEO and AA as an additional expenditure that does not contribute to organizational productivity and competitiveness. With short-term monetary targets as the top most priority, a typical Pakistani employer fails to understand that EEO will contribute to cost effective decision-making and efficient management. In the absence of a viable model for EEO, equal employment for Pakistani organizations cannot be achieved. It would be irrelevant to impose a western concept of EEO that does not targets or adjusts Pakistani culture and value system. An article shows that two factors are important for Pakistan`s EEO system.

Identification of specific characteristics of Pakistan`s society Analysis of a survey about discrimination in Pakistan`s society

Age Discrimination in Employment Act of 1967 (ADEA) i The Age Discrimination in Employment Act of 1967 (ADEA) protects workers over age 40 from discrimination based on their age. The ADEA is administered by the Department of Labour's Equal Employment Opportunity Commission (EEOC), and applies to companies with at least 20 employees and covers both private and public employers. The ADEA also protects employees from retaliation for asserting a claim of age discrimination or participating in a discrimination action or investigation. However, the ADEA applies only to employers with at least 20 employees. If the ADEA applies to your employer, age discrimination is also prohibited in any apprentice programs unless the employer has a waiver from the EEOC. The EEOC waiver is called a bona-fide occupational qualification or BFOQ. That having been said, it is not specifically illegal for an employer to ask for a job applicant's date of birth.

AGE DISCRIMINATION ACT 2004 - SECT 4 Simplified outline The following is a simplified outline of this act : This Act makes it unlawful to discriminate on the ground of age. This Act has effect subject to certain geographical and constitutional limitations Discrimination on the ground of age can be direct or indirect . It is unlawful to discriminate on the ground of age in relation to work and certain other areas It is not unlawful to discriminate on the ground of age if a particular exemption is applicable (see Divisions 4 and 5 of Part 4). It is an offence to do certain things related to age discrimination. Complaints can be made to the Commission about unlawful discrimination. Functions are given to the Commission . Provision is made for miscellaneous matters such as delegation, protection from civil actions etc sexual harassment law in Pakistan : The first step has been taken towards changing the lives of women at the workplace, to quote Sherry rehman, the PPP MNA, former minister for womens development and architect of the newly enacted law under discussion. This is in the form of the Criminal Law (Amendment) Bill that was passed by the National Assembly on Wednesday after having been in the works for months. Meticulously drafted, the document enhances the punishment already prescribed under the law for sexual harassment and facilitates effective prosecution by defining harassment unequivocally. These amendments to the PPC and CCP are designed to address the age-old issue women have faced in patriarchal societies intimidation in public places that inhibits them from stepping out of their homes. The political will displayed by the present government to improve the status of women is encouraging. Towards the same end, a bill on domestic violence was adopted by the assembly three months ago. Harassment can be tricky to prove legally, especially in an environment that is not too friendly towards women and where men have not been sensitised to issues concerning the dignity of women. Small wonder the existing provisions of the PPC could never be invoked because they were toothless. The effectiveness of the new laws will only be tested when a case is brought before a court of law.

While we welcome the new legislation , to be followed by another bill focusing on sexual harassment in the workplace . we should also point out that there is a long way yet to go, as Ms Rehman cautioned. As the moving spirit behind this law, she understands well the long struggle women in Pakistan have had to wage to win empowerment. The main obstacle they have faced is the entrenched social prejudice that relegates women to a subordinate status in public and family life. In the absence of general awareness of womens rights and the ingrained perception of male superiority, legislation enacted to protect women has not found practical implementation. Very often women themselves are so conditioned that they fail to put up the fight needed to win their rights. Under the new law, the onus of taking action will rest on women. Will they take the initiative, especially when fears are already being expressed by some men that the law will be misused to settle old scores? Hence the need of the hour is to educate and conscientise women about their rights so that real and meaningful change is brought to their lives. This calls for a holistic approach with a campaign on several fronts to change existing mindsets. Conclusion : Thus major challenge of equal employment opportunity is not legislation but implementation which requires a proper monitoring from the unions and the governments itself.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. This will start with informatory session(s) for the employees about the objective and rationale of the EEO program. They can also be apprised about the results of an initial EEO assessment of the organisation. Not only initiating but firms and government will have to take the responsibility to implement it and monitor it on regular basis to provide proper rights to the employees and ensure equal opportunities
Similiarities between western laws and Pakistani laws regarding equal employeement opportunity. Transposition of western gender equality regimes to Pakistan Equal Employment Opportunity prohibits discrimination against anyone. It attempts to ensure that all applicants, males-females and all races have a fair opportunity in a hiring process, in competing for promotions, and equal access to training/professional development opportunities

The results of our interviews with the policymakers and documentary analysesrevealthatthegenderequalitydebateinPakistanisstronglyinuence d b y international agencies as well as agreements of trade, labour and social regulations,includingtheCommitteeontheEliminationofDiscriminationag a i n s t Women (CEDAW). One respondent explained the inuence of internationalagencies and conventions on gender equality activities in Pakistan thus:Pakistan has been a signatory of different conventions like CEDAW. Thisinvolves taking responsibility for empowering women and in economicactivities and also mainstreaming gender equality in all walks of life. In2000 the Government of Pakistan conducted a study with the help ofAsianD e v e l o p m e n t B a n k . T h e y f o u n d t h a t t h e i n c l u s i o n o f w o m e n i n

p u b l i c activity is a development activity. Previously, if the government wanted todo something for women they would establish a technical centre for them I N T E R N A T I O N A L T R A N S F E R O F G E N D E R E Q U A L I T Y I N E M P L O Y M E N T 9 2010 Blackwell Publishing Ltd Volume ** Number ** ** 2010

to teach cutting, sewing and so on. Or they would set up a d i s p e n s a r y specically for women to educate them. (Government ofcial)T h e e m p h a s i s o n g e n d e r e m p o w e r m e n t i s v i s i b l e i n o f c i a l p o l i c i e s a n d mission statements of various projects undertaken by international agencies.It is also clear that they relate the agenda of gender equality to the overall project of democracy in Pakistani society:I n o r d e r t o a d d r e s s t h e g e n d e r d i s p a r i t i e s i n P a k i s t a n , t h e g e n d e r p r o - gramme will focus on the economic, social and political Empowerment ofwomen.... The empowerment of a woman is a twofold process. Firstly, theprocess of increasing awareness of her potential, capacities and rights,w h i c h i n c l u d e s a n u n d e r s t a n d i n g o f h e r o w n s o c i a l c o n d i t i o n i n g . S e c o n d l y , working towards an environment of democratic principles which w i l l allow her to participate actively and equitably in all spheres of life. (NGOpolicy document)In order to account for the signicant role of international agencies one of ourinformants explained that the indigenous feminist movement is very weak inPakistan and that gender equality discourses are imported through theseinternational agencies. However, the three respondents from Pakistan note that the transposition of western discourses does not often lead to workablepolicies, practices or strategies in Pakistan. One of the reasons for this is theunique nature of the gender relations that are at work in Pakistan Read more: Equal employment opportunities in pakistan | Law Teacher http://www.lawteacher.net/employment-law/essays/equal-employment-opportunitiesin-pakistan-employment-law-essay.php#ixzz2MT1jComt Follow us: @lawteachernet on Twitter | LawTeacherNet on Facebook