Pakistan – Workers’ rights
Introduction
Statement of Commitment to Implement the United Nations Guiding Principles on Business and Human Rights by the State of Pakistan (page 3)
‘Pakistan has also ratified International Labour Organization’s (ILO) eight core labour standards, in addition to several further ILO conventions.’
CHAPTER 1: National Action Plan on Business and Human Rights
1.4 | Coherence between the National Action Plan, Other Government Policies, and Pakistan’s International Commitments (page 10)
‘The NAP will also complement frameworks with similar principles related to the protection and promotion of socially inclusive, sustainable, and responsible business operations, for example, Pakistan’s commitment to the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration). Recently, Pakistan became the first country in the Asia-Pacific region to appoint a National Focal Point for the application of the MNE Declaration, that is, the Employers’ Federation of Pakistan.’
CHAPTER 3: National Action Plan Priority Areas and Proposed Actions
3.2. NAP Priority Areas
3.2.2. Anti-Discrimination, Equal Opportunity, and Inclusion (page 19)
‘Pakistan, in line with its Constitution which embeds equality for all as a fundamental right, and in line with its international obligations emanating as State Party to ICCPR, ICESCR, CEDAW, ILO Convention No. 100 (Equal Remuneration), ILO Convention No. 111 [Discrimination (Employment and Occupation)], and others, […]’
Proposed Actions
- Federal (page 20)
‘13. Ratify ILO Convention No. 190 (Violence and Harassment).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention
UN Guiding Principle(s): 1, 3 Relevant SDG(s): Goal 5 – Gender Equality; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 13 designating the Federal Cabinet of Pakistan, the Ministry of Foreign Affairs and the Ministry of Law and Justice as Leading Entities (page 47).
3.2.4. Labour Standards and the Informal Economy (page 28)
‘The respective Provincial Governments of Punjab, Sindh, and Khyber Pakhtunkhwa each passed a Labour Policy in 2018 committing to the provision of decent work for workers, in accordance with several ILO Conventions, and focusing on Occupational Health and Safety for workers, and the eradication of child labour as well as forced labour. Additionally, Punjab and the Islamabad Capital Territory have legislation regarding the rights of Domestic Workers. Pakistan has also ratified several ILO Conventions that require States to protect the rights of workers, eradicate child labour, forced labour or any forms of modern slavery. These conventions also require States to restrict working hours, prohibit all sorts of discrimination in employment and occupation, compensate workers incapacitated by occupational diseases, accidents or injuries and habilitation of disabled workers etc.’
Proposed Actions
- Federal (pages 28-29)
‘37. Adopt a National Policy on Home Based Workers (HBW).
Performance indicator(s): (i) Adoption of Policy
UN Guiding Principle(s): 1, 2, 3
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 37 designating the Ministry of Human Rights, the National Commission on Human Rights and the Ministry of Overseas Pakistanis and Human Resource Development as Leading Entities, and designating the National Commission on the Status of Women; Provincial Labour & Human Resource Departments; Provincial Human Rights Departments; Provincial Commissions on the Status of Women; Provincial Child Welfare
Departments/Bureaus; National Commission for Child Welfare and Development; Provincial Law Departments; Ministry of Foreign Affairs; Ministry of Commerce; Ministry of Planning and Development; Provincial Human Rights Departments; CSOs & NGOs as Additional Entities (page 58).
‘38. Ratify ILO Convention No. 177 (Home Workers).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention
UN Guiding Principle(s): 1, 2, 3
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 38 designating the Federal Cabinet of Pakistan as Leading Entity, and designating Ministry of Human Rights; Ministry of Law & Justice; Ministry of Foreign Affairs; Provincial Human Rights Departments; Provincial Commissions Ministry of Overseas Pakistanis and Human Resource Development; Provincial Child Welfare Departments/Bureaus; National Commission for Child Welfare and Development; Provincial Law Departments; Ministry of Foreign Affairs; Ministry of Commerce; Ministry of Planning and Development; Provincial Human Rights Departments as Additional Entities (page 59).
‘39. Ratify ILO Convention No. 189 (Domestic Workers).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention
UN Guiding Principle(s): 1, 3 Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 39 designating the Federal Cabinet of Pakistan as Leading Entity, and designating the Ministry of Foreign Affairs, the Ministry of Law and Justice, the Ministry of Human Rights, the Ministry of Parliamentary Affairs and the Ministry of Planning, Development and Reform as Additional Entities (page 59).
- Federal and Provincial (pages 29-31)
‘40. Incorporate the terms of all ratified ILO conventions into the legal framework governing the rights of all workers in Pakistan, including those in the informal economy.
Performance indicator(s): (i) Amendments made to legislation of High-Level Meetings and consultations with Stakeholders on the scope of the ILO Conventions; (ii) Enactment of relevant legislation; (iii) Development of relevant policies
UN Guiding Principle(s): 1, 2, 3 Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 40 designating the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Provincial Treaty Implementation Cells; Ministry of Industries and Production; Ministry of Commerce; Provincial Human Rights Departments; Labour/Trade Unions; Business Community; Ministry of Overseas Pakistanis and Human Resource Development; Ministry of Planning, Development and Reform as Additional Entities (page 60).
‘41. Strengthen labour inspection mechanisms, including by ensuring the sufficient funding and capacity of the mechanisms, and conduct regular inspections of business enterprises, including in the informal economy, to safeguard adherence to minimum wage and other labour rights. Ensure inclusion of women as labour inspectors as well.
Proposed Performance indicator(s): (i) Measures taken to strengthen labour inspection mechanisms; (ii) Number of inspections carried out
UN Guiding Principle(s): 1, 2, 3, 4
Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 41 designating the Provincial Labour and Human Resources Departments as Leading Entity and the Provincial Industries Departments, the Provincial Commerce Departments, the Provincial Human Rights Departments, the Provincial Mines and Minerals Departments, the Provincial Planning Departments, the Provincial Social Welfare Departments, the Provincial Women Development Departments (page 60).
‘42. Conduct a review process of labour laws, standards, and policies to gauge the differentiated impacts or deficits of these laws, standards and policies on women and vulnerable or marginalised workers, including in the informal economy, and identify and enact as required new or amended laws, standards, or policies.
Performance indicator(s): (i) Review process reports; (ii) Proposal of Amendments; (iii) Laws, standards, or policies enacted
UN Guiding Principle(s): 1, 3, 8
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 42 designating the Provincial Governments and the Provincial Labour & Human Resources Departments as Leading Entities, and designating the Provincial Commissions on the Status of Women; Provincial Law Departments; Provincial Human Rights Departments; Provincial Women Development Departments; Provincial Departments of Empowerment of Persons with Disabilities; Provincial Social Welfare Departments; Provincial Labour Departments; Provincial Industries Departments; Provincial Commerce Departments; Provincial Rural Development Departments; Provincial Local Government Departments as Additional Entities (page 61).
‘43. Register all labour, including in the informal economy, and establish, or strengthen existing, Labour Management Information Systems. Performance indicator(s): (i) Number of newly registered individuals; (ii) Establishment or steps taken to strengthen of Labour Management Information Systems
UN Guiding Principle(s): 1, 3, 8
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 43 designating the Provincial Government; Industries & Commerce Department; Provincial Labour Inspectorates as Leading Entities, and designating the Provincial Finance Departments; Provincial Information and Public Relations Departments; Provincial Labour Departments; Provincial Law Departments; Provincial Planning Departments; Provincial Population Welfare Departments; Provincial Revenue Departments; Provincial Social Welfare Departments; Business Community; CSOs & NGOs; Labour/Trade Unions as Additional Entities (page 61).
‘45. Formalise and strengthen wage payment mechanisms across all sectors, including the informal economy.
Performance indicator(s): (i) Formalisation of wage payment mechanism; (ii) Number of persons newly covered under formalized wage payment mechanism
UN Guiding Principle(s): 1, 3, 8, 11, 13, 15, 17, 22, 23
Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 45 designating the Provincial Governments, the Provincial Finance Departments, the Provincial Labour Departments as Leading Entities, and designating the Provincial Chief Minister’s Inspection Teams, the Provincial Home Departments, the Provincial Information Departments, the Provincial Local Government and Rural Development Departments, the Provincial Mines and Minerals Departments, the Provincial Planning and Development Departments, the Provincial Population Welfare Departments, the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Women Development Departments, the Provincial Ombudspersons, Labour/Trade Unions and the Business Community as Additional Entities (page 62).
‘46. Provide life insurance and ensure compulsory EOBI Registration.
Performance indicator(s): (i) Number of newly registered establishments/industries; (ii) Number of newly registered insured persons
UN Guiding Principle(s): 1, 2, 3, 8
Relevant SDG(s): Goal 1 – No Poverty; Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 46 designating the EOBI and the Provincial Labour and Manpower Departments as Leading Entities, and designating the Provincial Industries and Commerce Departments, the Provincial Social Welfare Departments, the Provincial Education Departments, the Provincial Human Rights Departments, the Provincial Mines & Minerals Departments, the Provincial Health Departments, the Provincial Law Departments, the Provincial Information Departments, the Business Community, Labour/Trade Unions and the Chief Minister’s Inspection Teams as Additional Entities (page 63).
- Provincial (page 31)
‘47. Ensure provision of appointment letter or employment contracts as a requirement in the informal economy.
Performance indicator(s): (i) Number of employees issued appointment letters/contracts; (ii) Results of labour inspections/ spot-checks
UN Guiding Principle(s): 1, 2, 3, 11
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 47 designating the Provincial Governments, the Provincial Labour Departments and the Provincial Labour Inspectorates as Leading Entities, and designating the Chief Minister’s Inspection Teams, the Provincial Human Rights Departments, the Provincial Labour Departments, the Provincial Law Departments, the Business Community, the Provincial Mines & Minerals Departments, the Provincial Industries, Commerce and Investment Departments, the Provincial Local Government Departments, the Provincial Social Welfare Departments, the Provincial Women Development Departments as Additional Entities (page 63).
‘48. Pass Provincial legislation, or strengthen compliance with existing legislation, on Domestic Workers.
Performance indicator(s): (i) Provincial legislation passed or steps taken to strengthen compliance
UN Guiding Principle(s): 1, 3
Relevant SDG(s): Goal 5 – Gender Quality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 48 designating the Provincial Governments; Chief Minister’s Inspection Team; Provincial Labour and Human Resource Departments as Leading Entities, and designating the Provincial Law and Parliamentary Affairs Departments; Business Community; Provincial Local Government Departments; Provincial Social Welfare Departments; Provincial Women Development Departments; Workers Welfare Boards; NGOs & CSOs as Additional Entities (page 64).
3.2.5. Child Labour (page 32)
‘The State of Pakistan is committed to fulfilling its obligation to eliminate child labour as per the Constitution, and the Convention on the Rights of the Child, ILO Convention No. 138 (Minimum Age), ILO Convention No. 182 (Worst Forms of Child Labour), as well as other international and domestic legal instruments.’
3.2.6. Forced or Bonded Labour (page 33)
‘Pakistan has ratified ILO Convention No. 29 (Forced Labour) and ILO Convention 105 (Abolition of Forced Labour), and is committed to eliminating forced or bonded labour.’
Proposed Actions
- Federal (page 33)
‘55. Ratify Protocol to ILO Convention No. 29 (Forced Labour).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention
UN Guiding Principle(s): 1, 3
Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 55 designating the Federal Cabinet, the Ministry of Foreign Affairs, the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Parliamentary Affairs as Additional Entity (page 66).
3.2.7. Occupational Health and Safety
Proposed Actions
- Federal (page 35)
‘61. Ratify ILO Convention No. 155 (Occupational Safety and Health) and ILO Convention No. 187 (Promotional Framework for Occupational Safety and Health).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Conventions
UN Guiding Principle(s): 1, 3
Relevant SDG(s): Goal 3 – Good Health and Well-being; Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 61 designating the Federal Cabinet of Pakistan, the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Foreign Affairs and the Ministry of Parliamentary Affairs as Additional Entities (page 68).
CHAPTER 4: State Expectations of Business Enterprises (page 38-40)
‘5. Ensure that human rights corporate policies are communicated to their employees which can be done through mandatory human rights trainings at the start of employment and through regular trainings thereafter. Specific mandatory trainings should also be conducted for all personnel, including managerial and hiring staff, on anti-discrimination and equality at the workplace, focusing on anti-harassment, equal opportunity, workplace security and maternity leave/pay.
[…]
9. Ensure that all employees are given formal contracts of employment, which lay down their rights and obligations.
[…]
13. In addition to the UNGPs, be cognisant of and guided by international guidelines and principles such as […] ILO’s Fundamental Principles and Rights at Work […]’
ANNEX II: Actions Already Undertaken by Pakistan
A | General Measures Relevant to Business and Human Rights (page 72)
‘There are several laws that relate to the protection of labour rights in line with international obligations and the ILO Conventions. Notably, the Industrial Relations Act 2012 calls for the creation of a National Industrial Relations Commission, which is mandated to deal with cases of unfair labour practices.’
B | Measures Relevant to NAP Priority Areas
ii. Anti-Discrimination, Equal Opportunity, and Inclusion
a) Inclusion of Vulnerable Groups and Marginalised Communities in Workplace
- Punjab (page 78)
‘The Punjab Minimum Wages Act 2019 prohibits employers from paying less than the minimum wage to any employee, thus the payment of lower wages on a discriminatory basis towards vulnerable and marginalised communities, for example, religious minorities, is not permitted.’
- Sindh (pages 78-79)
‘The Sindh Minimum Wages Act 2015 prohibits employers from paying less than the minimum wage to any employee, thus the payment of lower wages on a discriminatory basis towards vulnerable and marginalised communities, for example, religious minorities, is not permitted.’
iv. Labour Standards and the Informal Economy
- Punjab (page 81)
‘The Minimum Wages for Unskilled Workers Ordinance 1969 is still operational in Punjab and it aims to fix the minimum rates of wages for unskilled workers employed in certain commercial and industrial establishments.
The Punjab Provincial Employees Social Security (Amendment) Act 2013 increases the wage limit of workers and entitles the nearest kin of a secured employee to a death grant.
The Factories Act 1934 applies in Punjab and it limits the duration of working hours of labourers to 9 hours a day. It also gives workers the right to take a holiday for 14 consecutive days in a year. Section 49 of the Act also permits festival holidays for up to 13 days.
The Punjab Shops and Establishments Ordinance allows workers to work for no more than 9 hours a day and 48 hours a week.
[…]
The Employees’ Old Age Benefits Act 1976 contains provisions that allow workers to claim pension once they are of a certain age, after being employed for a period of time.
The Provincial Employees Social Security Ordinance 1965 requires an employer to provide health care, including maternity care, to full-time domestic workers under Section 55A.’
- Khyber Pakhtunkhwa (page 83)
‘Working hours for employees in Khyber Pakhtunkhwa are limited to 8 hours a day and 48 hours a week under the Khyber Pakhtunkhwa Shops and Establishments Act 2015.
The Minimum Wages Ordinance 1961 is applicable to all industrial establishments’ employees whether skilled, unskilled or apprentices and even domestic workers.’
- Balochistan (page 84)
‘The Provincial Employees Social Security Ordinance 1965 requires employers to provide health care, including maternity care to full-time domestic workers under Section 55A.
The Employees’ Old Age Benefits Act 1976 contains provisions that allow workers to claim pension once they are of a certain age, after being employed for a period of time.’