Labours Law-Business and Labour Law-Lecture Handout, Exercises of Business and Labour Law

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Business and Labour Laws - MGT 611 VU © Copyright Virtual University of Pakistan 220 LECTURE 45 LABOUR LAWS Unfair Labour Practices: Unfair Labour practices on the part of employer: It has been defined in section 63of the Ordinance which is given below: No employer shall: (a) impose any condition in a contract of employment seeking to restrain the rights of a person who is a party to such contract to join a trade union or continue his membership of a trade union; or (b) refuse to employ or refuse to continue to employ any person on the ground that such person is or is not, a member or office-bearer of a trade union; or (c) discriminate against any person in regard to any employment, promotion, condition of employment or working condition on the ground that such person is or is not, a member or office-bearer of a trade union; or (d) dismiss, discharge, remove from employment or transfer a workman or injure him in respect of his employment by reason that the workman- (i) is or proposes to become a member or office-bearer of a trade union; or (ii) participates in the promotion, formation or activities of a trade union; (e) induce any person to refrain from becoming, or to cease to be a member or office-bearer of a trade union, by conferring or offering to confer any advantage on, or by procuring or offering to procure any advantage for such person or any other person; or (f) compel or attempt to compel any office-bearer of a collective bargaining agent to arrive at a settlement by using intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of water, power or telephone facilities or by such other methods; or (g) interfere with or in any way influence the balloting provided for in section 20; or (h) recruit any workman during the period of notice of strike under section 31 or during the currency of a strike which is not illegal except where the Conciliator has, being satisfied that complete cessation of work is likely to cause serious damage to the machinery or installations, permitted temporary employment of a limited number of workmen in the section where the damage is likely to occur; or (i) close down the whole of an establishment in contravention of Standing Order 11A of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1969 (West Pakistan Ordinance No VI of 1968); or (j) commence, continue, instigate or incite others to take part in, or expend or supply money or otherwise act in furtherance or support of an illegal lock-out. Unfair Labour practices on the part of workmen: It has been defined in section 64 of the Ordinance which is given below: No workman or trade union of workmen shall: (a) persuade a workman to join or refrain from joining a trade union during working hours; or (b) intimidate any person to become, or refrain from becoming, or to continue to be or to cease to be a member or office-bearer of a trade union; or (c) induce any person to refrain from becoming, or cease to be a member or office-bearer of a trade union by intimidating or conferring or offering to confer any advantage on or by procuring or offering to confer any advantage on or by procuring or offering to procure any advantage for such person or any other person; or (d) compel or attempt to compel the employer to accept any demand by using intimidation, coercion, pressure, threat, confinement or ouster from a place, dispossession, assault, physical injury, disconnection of telephone, water or power facilities or by such other methods; or (e) compel or attempt to compel any member of a body, bipartite or tripartite or of any composition, relating to the functioning of the industry or is in place for the benefit of workers, to accept any demand by using intimidation, coercion, pressure, threat, confinement or ouster from a place, dispossession, assault, physical injury or by such other methods; or (f) commence, continue, instigate or incite others to take part in or expend or supply money or otherwise act in furtherance or support of an illegal strike or adopt go- slow measures; or (g) carry any arms or weapons within the premises of an employer without any legal authority. docsity.com Business and Labour Laws - MGT 611 VU © Copyright Virtual University of Pakistan 221 Explanation.- In clause (f) the expression 'go slow' means an organized, deliberate and purposeful slowing down of normal output, or the deterioration of the normal quality, of work by a body of workmen acting in a concerted manner, but does not include the slowing down of normal output, or the deterioration of the normal quality, of work which is due to mechanical defect, break-down of machinery, failure or defect in power-supply or in the supply of normal materials and spare parts of the machinery. (2) It shall be an unfair labour practice for a trade union to interfere with a ballot held under section 20 by the exercise of undue influence, intimidation, impersonation or bribery through its executive or through any person acting on its behalf. Penalty for unfair labour practices: Whoever contravenes the provisions of section 63 shall be punishable with fine which may extend to thirty thousand rupees. Whoever contravenes the provisions of section 64, other than those of clause (d) of sub-section (1) thereof shall be punishable with fine may extend to twenty thousand rupees. Rights of Employer: Right to manage, control and carry on business according to his discretion Right to use the available resources for the benefit and in the interest of business Duties of Employer: To act according to law to protect the rights of workers to take necessary steps for the welfare of workers To create healthy environment leading to the efficiency of labour and production Rights of Workers: To perform the job/ duties for which he is hired. To receive agreed wages To avail benefits Right to form a trade union/ to be the member of a trade union To be a collective bargaining agent Duties of Workers: Perform duties as per agreement, To maintain discipline To extend cooperation to the employer THE WORKMEN’S COMPENSATION ACT, 1923 Compensation to Workmen: The laws relating to Workmen’s Compensation is governed by Workmen’s Compensation Act, 1923. This law extends the whole of Pakistan. Some Important Definitions: “Minor" means a person who has not attained the age of 18 years; “Wages” includes any privilege or benefit which is capable of being estimated in money, other than a traveling allowance or the value of any traveling concession or a contribution paid by the employer a workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment; "employer" includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him; “Partial disablement" means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time: Provided that every injury specified in Part II of Schedule I shall be deemed to result in permanent partial disablement; docsity.com Business and Labour Laws - MGT 611 VU © Copyright Virtual University of Pakistan 224 same to the eldest surviving dependant of the workman towards the expenditure of the funeral of such workman or where the workman did not have a dependant or was not living with his dependant at the time of his death to the person who actually incurred such expenditure. FACTORIES ACT, 1934 The laws relating to Factory is governed by Factory’s Act, 1934. This law extends the whole of Pakistan. Some Important Definitions: “adolescent” means a person who has completed his fifteenth but has not completed his seventh year; “Adult” means a person who has completed his seventeenth year; “child” means a person who has not completed his fifteenth year; “day” means a period of twenty four hours beginning at midnight; “week” means a period of seven days beginning at midnight on Saturday night; “power” means electrical energy, and any other form of energy which is mechanically transmitted and is not generated by human or animal agency; “manufacturing process” means any process— (i) for making, altering, repairing, ornamenting, finishing or packing, or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal, or (ii) for pumping oil, water or sewage, or (iii) for generating, transforming or transmitting power “worker” means a person employed, whether for wages or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work whatsoever incidental to or connected with the manufacturing process or connected with the subject of the manufacturing process, but does not include any person solely employed in a clerical capacity in any room or place where no manufacturing process is being carried on; “factory” means any premises including the precincts thereof whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried out with the aid of power, or is ordinarily so carried out, but does not include a mine subject to the operation of the Mines Act, 1923; “machinery” includes all plant whereby power is generated, transformed, transmitted or applied; “occupier” of a factory means the person who has ultimate control over the affairs of the factory; “prescribed” means prescribed by rules made by the Provincial Government under this Act. Seasonal Factory: Sec 4 It has been defined in section 4 of the Act which is given below: For the purposes of this Act, a factory which is exclusively engaged on one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, the decortications of groundnuts, the manufacturer of coffee, indigo, lac, rubber, sugar (including gur) or tea, or any manufacturing process which is incidental to or connected with any of the aforesaid processes, is a seasonal factory; Provided that the Provincial Government may, by notification in the official Gazette, declare any such factory in which manufacturing processes are ordinarily carried on for more than one hundred and eighty working days in the year, not to be a seasonal factory for the purposes of this Act. The Provincial Government may, by notification in official Gazette, declare any specified factory in which manufacturing processes are ordinarily carried on for not more than one hundred and eighty working days in the year and cannot be carried on except during particular seasons or at times dependent on the irregular action of natural forces, to be a seasonal factory for the purposes of this Act. Powers of Provincial Government: It has been defined in section 5 to 8 of the Act which is given below: The Provincial Government may, by notification in the official Gazette, declare that all or any of the provisions of this Act applicable to factories shall apply to any place wherein a manufacturing process is being carried on or is ordinarily carried out whether with or without the use of power whenever ten or more workers are working therein or have worked therein on any one day of the twelve months immediately preceding. A notification under sub-section (1) may be made in respect of any one such place or in respect of any class of such places or generally in respect of all such places. docsity.com Business and Labour Laws - MGT 611 VU © Copyright Virtual University of Pakistan 225 Notwithstanding anything contained in clause (j) of section 2, a place, to which all or any of the provisions of this Act applicable to factories are for the time being applicable in pursuance of a declaration under sub- section (1), shall, to the extent to which such provisions are so made applicable but not otherwise, be deemed to be a factory. The Provincial Government may, be order in writing, direct that the different departments or branches of a specified factory shall be treated as separate factories for all or any of the purposes of this Act. Where the Provincial Government is satisfied that; following upon a change of occupier of a factory or in the manufacturing processes carried on therein, the number of workers for the time being working in the factory is less than twenty and is not likely to be twenty or more on any day during the ensuing twelve months, it may, by order in writing, exempt such factory from the operation of this Act; Provided that any exemption so granted shall cease to have effect on and after any day on which twenty or more workers work in the factory. In any case of public emergency the official Gazette, exempt any factory from any or all of the provisions of this Act for such period as it may think fit. Inspector Staff: It has been defined in section 10 of the Act which is given below: The Provincial Government may, by notification in the official Gazette appoint such persons as it thinks fit to be Inspectors for the purposes of this Act within such local limits as it may assign to them respectively. The Provincial Government may, by notification as aforesaid, appoint any person to be a Chief Inspector, who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector through the Province No person shall be appointed to be an Inspector under sub-section (1) or a Chief Inspector under sub- section (2) or, having been so appointed, shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any paten or machinery connected therewith. Every District Magistrate shall be an Inspector for his district. The Provincial Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it may assign to them respectively. In any area where there are more Inspectors than one, the Provincial Government may, by notification as aforesaid, declare the powers which such Inspectors shall respectively exercise, and the Inspector to whom the prescribed notices are to be sent. Every Chief Inspector and Inspector shall be deemed to be a public servant within the meaning of the Pakistan Penal Code and shall be officially subordinate to such authority as the Provincial Government may specify in this behalf. Powers of Inspector: It has been defined in section11 of the Act which is given below: The powers of inspector are as under: (a) enter, with such assistants (if any), being persons in the service of the State or of any municipal or other public authority, as he thinks fit, any place which is, or which he has reason to believe to be, used as a factory or capable of being declared to be a factory under the provisions of section 5; (b) make such examination of the premises and plant and of any prescribed registers, and take on the spot or otherwise such evidence of any persons as he may deem necessary for carrying out the purposes of this Act; and (c) exercise such other powers as may be necessary for carrying out the purposes of this Act: Provided that no one shall be required under this section to answer any question or give any evidence tending to criminate himself. Certifying Surgeons: sec 12 The Provincial Government may appoint such registered medial practitioners as it thinks fit to be certifying surgeons for the purposes of this Act within such local limits as it may assign to them respectively. A certifying surgeon may authorize any registered medial practitioner to exercise any of his powers under this Act : Certifying Surgeons: It has been defined in section 12 of the Act which is given below: docsity.com Business and Labour Laws - MGT 611 VU © Copyright Virtual University of Pakistan 226 A certificate of fitness for employment granted by such authorized practitioner shall be valid for a period of three months only, unless it is confirmed by the certifying surgeon himself after examination of the person concerned. Explanation.—In this section a “registered medical practitioner” means any person registered under the Medical Act, 1958, or any subsequent enactment amending it, or under any Act of the Central Legislature or any Provincial Legislature providing for the maintenance of a register of medical practitioners, and includes, in any area where no such register is maintained, any person declared by the Provincial Government, by notification in the official Gazette, to be a registered medical practitioner for the purposes of this section. Facilities regarding health of workers required to be provided under the Act: Cleanliness: It has been defined in section 13 of the Act which is given below: Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and shall be cleaned at such times and by such methods as may be prescribed, and these methods may include lime-washing or colour-washing, painting, varnishing, disinfecting and deodorising. Disposal of Water and Effluents: Sec 18 Ventilation and temperature: Over crowding: Lighting: Sec 19 Drinking Water: Sec 20 Precautions in case of fire: Sec 25 Fencing of machinery: Sec 26 Prohibition of employment of women and children near cotton openers Protection of eyes: Sec 33 (g) Provisions regarding working hours: Daily hours: Sec 36 Weekly hours: Sec 34 Intervals for rest: sec 37 Overtime work: sec 47 Provisions regarding Child Workers: Working hours: Sec 54 Fitness certificate: Sec 52 Provisions regarding Women Workers Machinery in motion: Sec 27 Suitable room: Sec 33 Working hours: Sec 36 Working time: Sec 45 Provisions regarding Holidays with pay: Annual holidays : Sec 49(B) Casual leave: Sec 49(H) Sick leave: Sec 49 (H) EMPLOYEES’ SOCIAL SECURITY ORDINANCE, 1965 Title of the Ordinance: It is called The (Provincial) Employees’ Social security Ordinance, 1965. It extends to the whole of Pakistan. Purpose of the Ordinance: To introduce a scheme of social security for providing benefits to certain employees or their dependants in the event of: Sickness Maternity Employment injury or death Ancillary matters. Important Definitions: docsity.com