Rights of Private Employees | Labour Court | NIRC

Описание: Rights of Private Employee

The Constitution of Pakistan has a wide range of provisions in regards to labour rights as Articles 11, 17, 18, 25 and 37(e) prohibit all forms of bonded labour, child labour, allow freedom of association, grant rights to unionise, provide citizen with the right to enter any lawful profession or trade without any discrimination and secure humane and reasonable working conditions.
Rights conferred on Employee:
Following rights have been conceded to employee under the Ordinance:
Weekly Holidays in Establishments:
Every employee shall be allowed one holiday in each week. No deduction on account of any holiday shall be made from the wages of any employee of the establishment. If an employee is employed on daily wages, he shall be paid his daily wages for the holiday and where an employee is paid on piece rate, he shall receive for the holiday the average wage received during the week.
Casual and Sick Leave:
Every employee shall be entitled to casual leave with full wages for ten (10) days in a calendar year and every employee shall be entitled to sick leave with full wages for a total period of eight days in every year. Such leave, if not availed by any employee during a calendar year, may be carried forward, but the total accumulation of such leave shall not exceed sixteen days at any one time.
Festival Holidays:

Opening and Closing Hours of Establishment:
No establishment shall on any day remain open after 8:00 p.m. If a customer who was being or was waiting in the establishment to be served at such hour, may be served during the period of thirty minutes immediately following such hour. Every employer shall display, at a prominent place in the establishment, a board specifying the hours during which the establishment shall remain open. No employee shall be required or permitted to work continuously in any establishment for more than six hours in the case of an adult and for more than three and half hours in the case of young person, unless he has been allowed an interval for rest or meal of not les than one hour. Except with permission of the Government, no woman or a young person shall be employed in any establishment otherwise than between the hour of 9:00 a.m. to 7:00 p.m
Daily, Weekly Hours and Overtime:
No adult employee shall be required or permitted to work in any establishment in excess of nine hours a day and forty-eight hours a week and no young person in excess of seven hours a day and forty two hours a week.
Overtime Wages:
When an employee is required to work overtime in any establishment, the wages payable to such employee in respect of such overtime work shall be calculated at double the ordinary rate of wages payable to him.
Spread-over:
The period of work of an adult and young person shall be so arranged that inclusive of the interval for rest or meals, shall not spread over more than twelve hours in the case of adult and nine hours in case of young person. The total period of work so worked out, in case of an adult worker shall not exceed sixty hours and by a young person fifty hours a week.
Time and Conditions of Payment of Wages:
Every employer or his agent or the manager or an establishment shall fix the period in respect of which wages to employees shall be payable and shall be responsible for the payment to persons employed by him of all wages required to be paid. The wage period shall not exceed one month. The wages of every employee shall be paid on a working day before the expiry of the seventh day of the last day of the wages period in respect of the wages are payable.
Annual Leave:
Every employee shall be allowed leave with full wages for a period of fourteen days after continuous employment in an establishment for a period of twelve months. If an employee does not avail the leaves allowed to him, in any period of twelve months, the leaves allowed to him shall be added to leaves allowed to him in next twelve months but shall not exceed the thirty days. The employee can demand, in lieu of the leave not availed by him, be paid full wages
For terminating employment of a permanent employee, one month’s notice in writing shall be given either by the employee

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