SLC22-W6/ LABOR LAW
Assalam-o-Alaikum! |
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Part I |
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Based on what you have seen in class tell us whether in your country work is considered a "duty" in addition to being a right and whether there is any legal sanction for those who do not fulfill this duty.
-. State which law in your country is responsible for protecting labor rights or work rights and what do you think about that law.
In Pakistan where I live working is viewed as a right rather than an obligation. Although everyone has the right to work in order to earn a respectable life those who choose not to work are not subject to any legal penalties. But our culture encourages everyone to contribute to society and rewards hard effort. Employment possibilities are promoted by the government but whether or not people choose to work is up to them. This illustrates how individual liberty and the requirement for social advancement can coexist in harmony.
Laws such as the Minimum Wages Ordinance and the Industrial Relations Act safeguard workers rights in Pakistan. Fair treatment secure working conditions and enough pay for employees are guaranteed under these statutes. Although the purpose of these rules is to safeguard workers enforcement is frequently lax particularly for unpaid laborers. The lives of workers can be improved by fortifying these regulations and making sure they are properly implemented. All things considered Pakistan has made strides but more work is required to completely guarantee everyone labor rights.
Part II |
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Based on what you saw in class say which institutions are responsible for or competent to enforce labor rights.
-. State whether you have had an experience in the workplace in which the claim or violation of any labor right or employment right is applicable.
The enforcement of labor rights in my nation is the responsibility of organizations such as labor departments and labor courts. These groups deal with employee grievances guarantee equitable treatment and settle conflicts between workers and employers. Labor inspectors are essential in verifying that workplaces are in accordance with regulations guaranteeing safe working conditions equitable pay and the absence of discrimination. By safeguarding workers and preserving a harmonious working relationship between employers and employees these organizations hope to advance justice and fairness in the workplace.
I once dealt with an instance of labor rights violations at work. Financial hardship resulted from my employer several month wage payment delays. I informed the labor department about this and they looked into it and made sure I got my underpaid salary back. I learned from this experience how crucial it is to understand your rights as a worker and how to ask for assistance when required. It also demonstrated to me how these organizations defend employees against unjust treatment and assist them when their rights are infringed.
Part III |
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Case study1
A company needs two drivers but the company's financial situation has been deteriorating and they need to reduce operating costs including paying their employees.
So they decide to hire two people who will work as truck "drivers" but the contract states that they are "cleaning staff" in order to justify the low salary they will receive.
It is also established agreed and accepted by the workers in the contract that once the employment relationship has ended they will not receive or claim money for social benefits or severance pay. Both the employer and the 2 workers sign the contracts accepting the conditions described above.
1.- According to what was seen in class and if you were a lawyer who had to assist these workers which principles of those explained in class would you apply to the present case?
I would use ideas like reality over appearance which states that the genuine job responsibilities (driving trucks) are more important than the contract's fictitious job title. The intangibility of labor rights which asserts that benefits cannot be diminished or denied to employees is another principle I would use.Finally I want to stress that contracts that break labor regulations are illegal. This guarantees that employees receive equitable treatment appropriate compensation and any benefits they are entitled to.
Case study2
A worker has been working for a company for 15 years but his relationship with his boss has been getting worse due to personal issues between them. One day the boss decides to fire him claiming that it is his company and that he admits whoever he wants. Without further ado the worker decides to seek advice.
1.- According to what you saw in class and according to the laws of your country say which institution this worker should go to and what actions he should take to restore his rights.
In addition to providing proof of his lengthy service and the unjust grounds for his termination the employee ought to lodge a complaint. According to labor regulations employers must typically give good cause and terminate employees in accordance with the correct procedures. If his rights were infringed the employee may seek restitution reinstatement or severance pay. It is to guarantee he receives fair treatment and justice for the unjust dismissal it is important that he moves swiftly and seeks legal assistance.
State why you consider that institution or entity is competent to hear that matter.
If employers violate the law labor courts and departments have the authority to hold them responsible and are adept at resolving employment related matters. They can also advise the employee on how to submit a claim for severance pay reinstatement or compensation.They are therefore the most qualified and trustworthy source to uphold justice and restore workers rights.
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Thank you
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WRITER:
@neelofar from Pakistan
@neelofar from Pakistan