SLC22-W6/ LABOR LAW
Hello everyone how are you doing I am good today I am here to take part in an informative challenge.
Part 1
In my country Pakistan work is not only a right but it's also a duty as it's deeply integrated in Pakistan culture as the duty is considered highly important. It's clearly elloborated in Pakistan policy and laws.
If I see the constitution it's clearly described in article 18 that every person has complete freedom to do work, but obviously the more emphasis is the duty to work.
Similarly the article clearly shows that every citizen must have right for work and it's the obligation of country to provide different opportunities to work so that everyone can be employed. But it must be keeping in mind citizens should take care that the work they are doing should be for will of country and it has good impact in general.
Moreover there are certainly legal sanctions where it's very clear under the Pakistan Penal Code (PPC) and the Industrial Relations Act, 2012, it provides the fine to whom who are not working honestly and doing any wrong work against the law and policies.
There are the law which protects the labour rights under the Industrial Relations Act, 2012, as this act has designed a specific framework in which employer has contract, or daily wage, smilarly working hours and law of termination from the work are clearly written.
So according to my view the existence of the Industrial Relations Act, 2012 it's entirely a is a comprehensive law as it ensured the protection of the employer basic law and also prevent it from violence.
Obviously the presence of this labour law plays important role for protecting the basic rights of the workers who wanted to work or duty.
Part 11
In my country I will discuss the following institutions are responsible for enforcement of labor rights.
The role of Ministry of Overseas Pakistanis and Human Resource Development is for the policy and laws which are implied for the rights of the labour.
The Provincial Labor Departments working in labour department and enforced the laws of labour and regulations inside the provisional levels.
The Labor courts working for the labour related any violation and disputes.
The role of National Industrial Relations Commission (NIRC) is at federal level they deal with industrial dispute and related issues.
Similarly the Pakistan Workers Federation is working for the trade unity and advocacy for their rights.
Well I have never observed such case but few days back few employer were terminated from the job without any prior notice obviously they are putting case in court for the violation of the law and rules.
Part 111
Case 1
I am not lawyer but upto my knowledge I will apply it as follows.
The Principle of have Good Faithfully, as in employer action as it's demonstrated in the case it show's the dicrespency of faith. As the principle of the intention of misclassification the workers as well as to cleaning staff as the justice of salary. Due to lowe salary the employer try to to deceive and therefore exploiting the other workers.
The implementation of the Principle of Non-Discrimination if the employer has less salary and this law may implement as if employees are not treating well, as compared to other staff such as drivers etc.
The use of principle of equal right and well treatment as it should avoid to used the favouritsm, as it leads to create an environment of unjustified and because it's not acceptable if the staff is paying less salary and trusted unjustified as compared to other employers who also worked same hours but got more pay.
The use of the Principle for the Protection of Workers' Rights, because it's the right to fair compensate the basic rights of employees which giving them the social rights.
Moreover the implementation of the principle of Public Policy** may also be given consideration other than public policing.
If I apply these rules and principles in my view the employer action is unlikely to be unlawful and the workers would be entitled for better compensation including the social benefits with pay.
Case 11
According to Pakistani labor laws, I would like to advise the worker for better assistance from the following institutions would be good.
The first institution would be Labor Court the workers may file case for complaints which is only dealing with labour rights and it's violence.
The second optionProvincial Labor Department
Alternatively, the workers or employers may seek help from this institution which is indeed having responsibility for enforcement of labour rights and regulations within the provisional.
Hence the National Industrial Relations Commission (NIRC) can Al's help for dealing the industrial dispute.
Obviously when the employer put the case the institution would ask why the workers being terminated, the workers would provide evidence which would support him any witnesses and materials would be submitted.
Hence the workers may found a legal representative for the advocacy of their rights.
It's all about my today's post.
I loved to invite @m-fdo, @jannat12 and @iqrarana786 to take part in the challenge.