Introduction To Labour Laws

Programme Objective

To introduce participants salient features

of three most important industrial laws
applicable to industrial establishments
Question -Answer Session on the above
laws -- to be conducted by panel of
experts
List of laws applicable to
Industrial Establishments

West Pakistan Industrial & Commercial

Employment (Standing Orders) Ordinance
1968.
Industrial Relations Ordinance 1969
Factories Act, 1938
W.P.Industrial &
Commercial Employment
(S.O.)Ordinance 1968
WHO IS A
WORKMAN
WHO DOES NOT
COME UNDER
CATEGORY OF
WORKMAN
APPLICABILITY OF
ORDINANCE
CLASSIFICATION OF
WORKMAN
CLASSIFICATIONS OF
WORKMEN
PERMANENT
PROBATIONERS
TEMPORARY
BADLI
APPRENTICES
letter of appointment
is requirement of
ordinance
Important topics of SO

PROFIT BONUS
LAY-OFF
TERMINATION OF
SERVICE
TERMINATION
BENEFITS
DISMISSAL FROM
SERVICE
RETRENCHMENT
Definition -workman

WORKMAN MEANS ANY

PERSON EMPLOYED IN
ANY INDUSTRIAL OR
COMMERCIAL
ESTABLISHMENT TO
DO ANY SKILLED OR
UNSKILLED MANUAL
OR CLERICAL WORK
FOR HIRE OR REWARD
Applicability

It is applicable
to those
establishments
which
employed 20 or
more workmen.
PROFIT BONUS

ORDINANCE
PROVIDES FOR
PAYMENT OF ONE
MONTHS GROSS
SALARY TO ALL
PERMANENT
WORKMEN
LAY-OFF

EMPLOYER CAN LAY-

OFF WORKMEN IN
CASE OF TEMPORARY
STOPPAGE OF WORK
DUE TO FIRE,
CATASTROPHE,
BREAKDOWN OF
MACHINERY
CUT-OFF OF POWER
Lay-off continued

Epidemics
Civil
Commotion
other causes
beyond the
control of the
employer
Termination of Service

SERVICES OF
WORKMAN CANNOT
BE TERMINATED
EXCEPT BY WRITTEN
COMMUNICATION
WHICH MUST
CONTAIN REASON OF
TERMINATION OF
SERVICE.
Terminal Benefits

Full wages
one months notice
pay
Gratuity or P.F.
Leave Encashment
RETRENCHMENTS
If workmen become
surplus to
requirements or due to
economic reasons
/reorganisation, their
services can be
terminated . Such an
action has to be
strictly on the basis of
LAST IN FIRST OUT.in
that category.
COMPULSORY GROUP
INSURANCE

EMPLOYER IS
REQUIRED TO GET
ALL HIS
PERMANENT
WORKMEN
EMPLOYED BY HIM
INSURED AGAINST
NATURAL DEATH
AND DISABILITY
/INJURY.
INDUSTRIAL RELATIONS
ORDINANCE 1969

FORMATION OF TRADE
UNIONS OF WORKMEN
LEGAL RIGHTS AND
OBLIGATIONS OF THE
TRADE UNIONS
PROCEDURE FOR
RAISING INDUSTRIAL
DISPUTES AND
SETTLEMENT
WORKMAN DEFINED UNDER
I.R.O.2002/IRA 2008

WORKMAN MEANS
ANY PERSON NOT
FALLING WITHIN THE
DEFINITION OF
EMPLOYER WHO IS
EMPLOYED IN AN
ESTABLISHMENT OR
INDUSTRY FOR HIRE
OR REWARD either
directly or through a
contractor
CRITERIA -- CATEGORY OF
EMPLOYERS

THE ONLY TEST IS

WHAT ARE ACTUAL,
FUNCTIONS AND
RESPONSIBILITIES
OF THE INDIVIDUAL
IN ORDER TO
QUALIFY FOR THE
CATEGORY OF
EMPLOYERS
LEGAL RIGHT

WORKMEN HAVE THE

LEGAL RIGHT TO
FORM TRADE UNION
OF THEIR OWN FREE
WILL AND CHOICE
AND GET IT
REGISTERED--
CERTIFIED
REFERENDUM

ORDINANCE
OUTLINES
PROCEDURE FOR
REFERENDUM IF
MORE THAN ONE
UNION EXISTS IN
THE INDUSTRIAL
ESTABLISHMENT
CHARTER OF DEMANDS

CERTIFIED C.B.A. CAN

RAISE CHARTER OF
DEMAND UPON
EXPIRY OF THE
EARLIER SETTLEMENT
OR IN CASE OF NEW
INDUSTRY,
IMMEDIATELY AFTER
CERTIFICATION
CONCILIATION
MACHINERY

CONCILIATION
MACHINERY CAN
STEP-IN IF
BILATERAL
NEGOTIATIONS
FAIL AT PLANT
LEVEL
UNFAIR LABOUR PRACTICE ON THE
PART OF WORKMEN

COMPEL OR ATTEMPT TO COMPEL THE

EMPLOYER TO ACCEPT ANY DEMAND BY
USING INTIMIDATION ,
COERCION,PRESSURE, THREAT ,
CONFINEMENT ,TO OR OUSTER FROM A
PLACE ,DISPOSSESSION ,ASSAULT
,PHYSICAL INJURY DISCONNECTION OF
TELEPHONE,WATER OR POWER FACILITIES
UNFAIR LABOUR PRACTICE ON
THE PART OF EMPLOYERS

DISMISS ,DISCHARGE INCLUDING

THREAT TO DISMISS TO AN OFFICER
OF THE UNION OR ACTIVE MEMBER
BY REASON OF HIS PARTICIPATION
IN THE FORMATION OR ACTIVITIES
OF A TRADE UNION
COMMITTEES /BOARDS

WORKS COUNCIL
FACTORY
MANAGEMENT
COMMITTEE
JOINT MANAGEMENT
BOARD
SHOP STEWARDS
MEETING
Failure to comply /violation
may result into

Initiation of Penal
/Criminal Proceedings
against the
Employer /Union
Office Bearers/
Workmen
FACTORIES ACT , 1934

FACTORY MEANS ANY

PREMISES,INCLUDING THE
PRECINCTS THEREOF ,WHEREON
TEN OR MORE WORKERS ARE
WORKING .. AND IN ANY PART OF
WHICH A MANUFACTURING
PROCESS IS BEING CARRIED ON
REQUIREMENTS

CLEANLINESS
DISPOSAL OF
WASTES & AFFLUENT
VENTILATION &
TEMPERATURES
DUST & FUMES
WELFARE OFFICER
REQUIREMENTS
CONTINUED

NOTICE OF CERTAIN
ACCIDENTS
WEEKLY HOURS
WEEKLY HOLIDAY
OBLIGATION TO
WORK ON OVERTIME
RESTRICTION ON
DOUBLE
EMPLOYMENT
Requirements Continued

Register of Adult
Workers
Accumulation of
Annual Leaves
Health /Medical
Check-ups
Hygiene Card
Restriction on Employment

of Women

NO WOMAN
SHALL BE
ALLOWED TO
WORK IN A
FACTORY
EXCEPT
BETWEEN 6 A.M.
AND 7 P.M.
COMPENSATORY
HOLIDAYS

WHEREAS AS A
RESULT OF PASSING
OF AN ORDER
WORKER DEPRIVED
OF ANY OF WEEKLY
HOLIDAYS ,HE/SHE
SHALL BE ALLOWED
,COMPENSATORY
HOLIDAYS OF EQUAL
NUMBER
DAILY HOURS

NO WORKER
SHALL BE
ALLOWED TO
WORK IN A
FACTORY FOR
MORE THAN NINE
HOURS IN ANY
DAY
INTERVALS FOR REST

THE PERIOD OF
WORK SHALL BE
SUCH THAT NO
PERIOD SHALL
EXCEED SIX
HOURS
PERSONS HOLDING
POSITION OF SUPERVISION

General Manager
Workshop
Superintendent,Works
Manager,Manager ,
Assistant
Manager,Chief
Engineer.Administra-
tive Officer
Persons holding
confidential positions

Accountants
Stenographers
Secretaries
Time Keepers etc.
How to conduct domestic
enquiry

SOO states before employer takes any

decision with regard to disciplinary action
on any of the act opf misconduct by
employee as per S.O.O , requirement is
that full and fair opportunity is to be given
to employee.
Enquiry steps

Read the contents of the charge sheet

Statement of Complainant will be
recorded
Opportunity to cross examine by Accused
Statement of witnesses on behalf of
Complainant will be recorded
Opportunity to cross examine by Accused
Enquiry Steps

Statement of Accused will be recorded

Complainant will be asked to cross examin
accused
Statement of witnesses by accused will be
recorded
Complainant will be asked to cross-
examine witnesses