Working time is regulated on a sectoral basis, under a number of different industry-specific laws. For reasons of clarity and consistency, the following information is drawn solely from the Factories Act 1934. However, other relevant laws are provided below to enable broader research where desired.
Name of Act
Factories Act 1934 as amended up to 1997, as published at http://www.ilo.org/dyn/natlex/docs/WEBTEXT/35384/64903/E97PAK01.htm and accessed 30 August 2011
Remarks: The Act extends to the whole of Pakistan. It covers all workers employed in any manufacturing process.
Name of Act
Road Transport Workers Ordinance 1961 of 30 June 1961, Ordinance No. XXVIII of 1961 as published at http://www.dhudhisaqilawassociates.com/law_books_library/other_laws/labour_laws/Road%20Transport%20Workers%20Ordinance%201961.pdf and accessed 14 September 2011.
Remarks: The Act extends to the whole of Pakistan and applies to all workers in mines.
Name of Act
Industrial Relations Act 2008
Remarks: The Act extends to the whole of Pakistan. It does not apply to persons employed in the Police or any of the Defence Services or the Armed Forces, the administration of the State, the Security Staff of the Pakistan International Arilines, the Pakistan Security Printing Corporation, establishments maintained for the treatment or care of sick persons, members of the Security or Fire Service Staff of an establishment engaged in the production, transmission or distribution of natural gas.
Name of Act
West Pakistan Shops and Establishment Ordinance 1969, West pakistan Ordinance No. VIII of 1969
Remarks: The Ordinance expands to the whole of Pakistan. It covers employees in shops and offices. The Ordinance does not apply to offices of the Federal or Provincial Government, offices of the Pakistan Railway Board; offices under local authority; shops or stalls in any public exhibition; shops or stalls in any public fair or bazar; clubs, hotels, messes not maintained for profit; establishments for the treatment or care of the sick; stalls and refreshment rooms at railway stations; any person employed as a manager, travelling agent, convasser, massenger, watchman, care taker or conservancy staff.
Name of Act
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 (W.P. Ord. VI of 1968). Published at http://www.punjablaws.gov.pk/laws/222.html and accessed 30 August 2011.
Working time is regulated on a sectoral basis, under a number of different industry-specific laws. As a result, a range of definitions relevant to the regulation of working time exist. For reasons of clarity and consistency, the following definitions are drawn solely from the Factories Act 1934. For other industries, please see other relevant laws listed under ’Sources’ above.
Employee/worker
’Worker’ means a person employed directly or through an agency 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 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.
Factories Act 1934 §2(h)
Employer
Obligations are imposed on ’occupiers’, rather than employers. In relation to a factory, an occupier means the person who has the ultimate control over the affairs of the factory, provided that where the affairs of a factory are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory.
Factories Act 1934 §2(l)
Overtime/overtime work
In a non-seasonal factory, overtime is every hour worked in excess of 9 hours a day or 48 hours a week. In a seasonal factory, overtime is every hour worked in excess of 9 hours a day or 50 hours a week.
Factories Act 1934 §47
Young worker
Under the Factories Act 1934, an adolescent is a person who has completed his fifteenth but not his seventeenth year and a child is a person who has not completed his fifteenth year.
Under the Employment of Children Act 1991, an adolescent is a person who has completed his fourteenth but has not completed his eighteenth year and a child is a person who has not completed his fourteenth year of age.
Factories Act 1934 §2 Employment of Children Act 1991 §2
NORMAL HOURS LIMITS
Daily hours limit
General limit
The daily hours limit for factory workers is 9 hours.
Factories Act 1934 §36
Remarks: For other industries, see: Mines Act 1923 §§ 22b, 22c, 25 West Pakistan Shops and Establishments Ordinance 1969 § 8 Road Transport Workers Ordinance 1961 § 4 Newspaper Employees (Conditions of Service) Act 1973 § 6
Historical data (year indicates year of data collection)
2009: There is no general statutory daily hours limit but different groups of workers have different hours limits (see exceptions).
Exceptions
Male adult workers in seasonal factories may work 10 hours per day.
A factory or group of factories may be exempted from the daily hours limitation by order of the Provincial Government on the basis that the exemption is required to enable the factory to deal with an exception pressure of work. Further exemptions from the daily hours limit may be provided by ruling of the Provincial Government in relation to: (a) of workers engaged on urgent repairs; (b) of workers engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory; (c) of workers engaged in work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest required under section 37; (d) of workers engaged in any work which for technical reasons must be carried on continuously throughout the day.
Factories Act 1934 §§36, 43, 44
Remarks: No exemption rules in relation to the categories of workers listed at (a) to (d) above have been identified.
Special categories
» Young workers
No child shall be allowed to work in a factory for more than five hours in any day.
Factories Act 1934 §54(1)
Remarks: The Employment of Children Act 1991 (§7) provides that a period of work shall not exceed seven hours per day including a rest break of at least one hour.
» Women
No exemption from the daily hours limit may be granted in respect of any woman.
Factories Act 1934 §45
Weekly hours limit
General limit
The weekly hours limit for factory workers is 48 hours.
Factories Act 1934 §34
Remarks: For other industries, see: Mines Act 1923 §§ 22b, 25 West Pakistan Shops and Establishments Ordinance 1969 § 8 Newspaper Employees (Conditions of Service) Act 1973 § 6 Road Transport Workers Ordinance 1961 § 4
Historical data (year indicates year of data collection)
2009: There is no general statutory weekly hours limit but there are different limits for different groups of workers (see exceptions).
1995: 48 hours in factories with 10 or more workers and in establishments, mines and road transport.
Exceptions
The weekly limit in seasonal factories is 50 hours. For male adult workers in seasonal factories, it is 56 hours.
Male adult workers in seasonal factories may work 10 hours per day.
A factory or group of factories may be exempted from the weekly hours limitation by order of the Provincial Government on the basis that the exemption is required to enable the factory to deal with an exception pressure of work. Further exemptions from the daily hours limit may be provided by ruling of the Provincial Government in relation to: (a) of workers engaged on urgent repairs; (b) of workers engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory; (c) of workers engaged in work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest required under section 37; (d) of workers engaged in any work which for technical reasons must be carried on continuously throughout the day.
Factories Act 1934 §§34, 43, 44
Remarks: No exemption rules in relation to the categories of workers listed at (a) to (d) above have been identified.
OVERTIME WORK
Criteria for overtime
General
Any adult worker may be required to work overtime, provided that such working conforms to the provisions of this Act and the rules made thereunder.
Factories Act 1934 §47-A
Limits on overtime hours
General limits
No limits on overtime work in factories identified.
Remarks: For other industries, see 'Sources' above.
Historical data (year indicates year of data collection)
2009: There is no general statutory limit for overtime work but different provisions for different groups of workers (see exceptions).
2007: 12 hours
1995: Daily maximum, including breaks: 10,5 hours in factories, 8 for underground mines and 12 for miners above ground. 150 hours per year in establishments.
Compensation for overtime work
Overtime rate(s)
Workers performing overtime work are entitled to be paid at the rate of twice his ordinary rate in respect of the overtime worked.
Factories Act 1934 §47
Remarks: For the purposes of the compensation of overtime work, ordinary rate of pay means all remuneration capable of being expressed in terms of money which would if the terms of the contract of employment, express or implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such employment, but does not include: (i) the value of any house-accommodation, supply of light, water, medical attendance or other amenity; (ii) any contribution paid by the employer to any pension fund or provident fund; (iii) any travelling allowance or the value of travelling concession; or (iv) any gratuity, bonus or share in the profits of the factory.
Historical data (year indicates year of data collection)
2009: Double the ordinary rate of wages.
1995: 100% premium.
Notice of requirement to work overtime
General provisions
No notice requirements identified.
Special categories
Young workers
Overtime work is prohibited for young workers.
Employment of Children Act 1991 § 7
SCHEDULES
General
The periods of work of an adult worker in a factory shall be so arranged that along with his intervals for rest, they shall not spread over more than ten and a half hours, save with the permission of the Provincial Government and subject to such conditions as it may impose, either generally or in the case of any particular factory.
Factories Act 1934 §38
Exceptions
Where the factory is a seasonal one, the periods of work of an adult worker may be spread over no more than eleven and a half hours in any day.
Factories Act 1934 §38
Special categories
Young workers
The hours of work of a child shall be so arranged that they shall not spread over more than seven-and-a-half hours in any day.
Factories Act 1934 §54(2)
Night work
Where a worker works on a shift which extends over midnight, the ensuing day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends and the hours he has worked after midnight shall be counted towards the previous day.
Factories Act 1934 §46
Remarks: Day is defined to mean a period of 24 hours beginning at midnight (§2(d)).
Shift work
Where any group is required to work on a system of shifts and the relays are not to be subject to pre- determined periodical changes of shift, the manager of the factory shall fix the periods within which each relay of the group may be required to work.
Where any group is to work on a system of shifts and the relay are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where under the periods within which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day.
The Provincial Government may make rules providing that in any specified class or classes of factories work shall not be carried on by a system of shifts so arranged that more than one relay of workers is engaged in work for the same kind at the same time save with the permission of the Provincial Government and subject to such conditions as it may impose, either generally or in the case of any particular factory.
Factories Act 1934 §§39(6), 39(7), 49
REST PERIODS
Rest breaks
General provisions
The periods of work of adult workers in a factory during each day shall be fixed either - (a) so that no period shall exceed six hours and so that no worker shall work for more than six hours before he has had an interval for rest of at least one hour; or (b) so that no period shall exceed five hours, and so that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour, or for more than eight and a half hours before he has had at least two such intervals.
Factories Act 1934 §37
Remarks: For examples from other industries, see: West Pakistan Shops and Establishments Ordinance 1969 § 7 Road Transport Workers Ordinance 1961 § 4
Historical data (year indicates year of data collection)
2009: There is no general statutory provision for daily rest periods but different provisions for different groups of workers (see exceptions).
1995: In factories, 30 minutes after 5 hours of work, or 1 hour after 6, or two 30-minute intervals during an 8,5 hour period. 1 hour after 6 hours of work in establishments and mines above ground.
Special categories
» Young workers
The period of work shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has an interval of at least one hour for rest.
Employment of Children Act 1991 §7
Weekly rest periods
Duration
» General
Factory workers are entitled to one day’s weekly rest period each week.
Factories Act 1934 §35
Remarks: For examples from other industries, see: West Pakistan Shops and Establishments Ordinance 1969 § 6 Road Transport Workers Ordinance 1961 § 4
Historical data (year indicates year of data collection)
2009: There is no general statutory weekly rest period but different weekly rest periods for different groups of workers (see exceptions).
1995: 1 day.
Day specified
» General
Sunday
Factories Act 1934 §35
» Exceptions
An alternative day may be substituted, provided that: (a) the worker had or will have a holiday for a whole day on one of the three days immediately before or after that Sunday, and (b) the manager of the factory has, before that Sunday or the substituted day, whichever is earlier - (i) delivered a notice to the office of the Inspector of his intention to require the worker to work on the Sunday and of the day which is to be substituted, and (ii) displayed a notice to that effect in the factory; and (c) no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
Factories Act 1934 §35
Work on weekly rest day
» Criteria
A factory or group of factories may be exempted from the requirements of s35 (i.e. to allow workers one day off per week or 10 days) by order of the Provincial Government on the basis that the exemption is required to enable the factory to deal with an exception pressure of work.
Further exemptions may be determined by ruling of the Provisional Government in relation to the following categories of workers: (a) workers engaged in any work which for technical reasons must be carried on continuously throughout the day ; (b) workers engaged in making or supplying articles of prime necessity which must be made or supplied every day; (c) workers engaged in a manufacturing process which cannot be carried on except during fixed seasons; (d) workers engaged in a manufacturing process which cannot be carried on except at times dependent on the irregular action of natural forces; and (e) workers engaged in engine-rooms or boiler-houses.
Factories Act 1934 §§43, 44
» Compensation (for working on a rest day)
Where a worker is deprived of any of the weekly holidays as a result of the passing of an order or the making of a rule under the provisions of the Factories Act exempting a factory or the workers therein from the provisions of section 35, he shall be allowed, as soon as circumstances permit, compensatory holidays of equal number to the holidays so lost.
Factories Act 1934 §35-A
Special categories
» Young workers
No exemption from the requirements of §35 of the Factories Act shall be granted in respect of any child.
Factories Act 1934 §54(4)
Remarks: The Employment of Children Act 1991 (§8) provides that each child shall be allowed in each week a holiday of one whole day which shall be specified by the occupier in a notice permanently placed in a conspicuous place.
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Only factory workers in non-seasonal factories have a statutory entitlement to annual leave.
Factories Act 1934 §49-A
Qualifying period
Factory workers must have completed 12 months continuous service in a factory to qualify for annual leave.
Factories Act 1934 §49-B
Remarks: The explanatory note to §49-B states that a worker shall be deemed to have completed a period of twelve months continuous service in a factory notwithstanding any interruption in service during those twelve months brought about by sickness, accident or authorised leave not exceeding ninety days in the aggregate for all three, or by a lock-out, or by a strike which is not an illegal strike, or by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate.
For examples from other industries, see: Mines Act 1923 § 28b Road Transport Workers Ordinance 1961 § 6 West Pakistan Shops and Establishments Ordinance 1969 § 14
Duration
» General
Factory workers are entitled to 14 days’ holidays, inclusive of weekly rest days.
Factories Act 1934 §49-B(1)
Remarks: The explanatory note to §49-B provides that authorised leave shall be deemed not to include any weekly holiday allowed under section 35 which occurs at beginning or end of an interruption brought about by the leave.
For examples from other industries, see: Mines Act 1923 § 28b Newspaper Employees (Conditions of Service) Act 1973 § 7 Road Transport Workers Ordinance 1961 § 6
Historical data (year indicates year of data collection)
2009: There is no general statutory provision but different provisions for different groups of workers (see exceptions).
1995: 14 calendar days in factories and establishments. 1 day for every 30 days of work in tea plantations. 1 day for 17 days of work in underground mines. 1 day for 20 days of work for mines above ground and road transport.
» Exceptions
Where the Provincial Government is satisfied that the leave rules applicable to workers in a factory provide benefits substantially similar to those for which this Chapter makes provision, it may, by written order exempt the factory from the provisions of this Chapter.
Factories Act 1934 §49-G
Payment
» Amount
Annual leave is to be paid the daily average of the worker’s wage (as defined in the Payment of Wages Act 1936) paid with respect to the days worked over the preceding 3 months, exclusive of any amount earned in respect of overtime.
Factories Act 1934 §49-C
Remarks: For examples from other industries, see: Mines Act 1923 § 28e West Pakistan Shops and Establishments Ordinance 1969 § 14 Road Transport Workers Ordinance 1961 § 6
» Date of payment
Factory workers shall be paid half the total pay due for the period of holidays before the holidays begin.
Factories Act 1934 §49-D
Schedule and splitting
The 14 days’ leave are to be consecutive. If a worker fails in any one such period of twelve months to take the whole entitlement, any holidays not taken shall be added to the entitlement accruing in the succeeding period of twelve months, provided that the total number of holidays which may be carried forward to a succeeding period shall not exceed fourteen.
Factories Act 1934 §49-B(1), (2)
Work during annual leave
No relevant provisions identified.
PUBLIC HOLIDAYS
Factory workers shall be allowed holidays on all days declared by the Provincial Government to be festival holidays.
Factories Act 1934 §49-I(1)
Number and dates
Public Holidays: Eid-ul-Azha (Tuesday & Wednesday) Kashmir Day (5 February) Ashura 1427 (Monday & Tueday) Pakistan Day (23 March) Eid Milad-un-Nabi (Tuesday) Labour Day (1 May) Independence Day (14 August) Eid-ul-Fitr (Sunday, Monday & Tuesday) Iqbal Day (9 November) Quaid-e-Azam Day/Christmas (25 December) Eid-ul-Azha 1427 (Saturday & Sunday) Holidays for Muslim Festivals are subject to appearance of the moon for which a separate notification is issued.
List of Public Holidays
Remarks: Optional Holidays for the Federation and the Provinces: New Year Day Basant Punchami Shivaratri Holi Dulhandi Chelum Baisakhi Good Friday Easter Sunday Giarhwin Sharief Buddha Purnima Janam Ashtami Nouroz Shab-e-Meraj Birth Day of Lord Zoroaster Shal-e-Baarat Durga Puja Dussehra Birth Day of Guru Balmik Sawami Ji Divali Guru Naik`s Birthday The optional holidays are denominational and may be allowed at the discretion of the Head of Office, provided the state of work permits.
Payment
Every factory worker shall be allowed holidays with pay on all days declared by the Provincial Government to be festival holidays.
Factories Act 1934 §49-I(1)
Work on Public Holidays
» Criteria
A worker may be required to work on any festival holiday. No criteria for requiring a worker to so work have been identified.
Factories Act 1934 §49-I(2)
» Compensation
A worker who is required to work on a festival holiday is entitled to one day’s additional compensatory holiday with full pay and a substitute holiday.
Factories Act 1934 §49-I(2)
EMERGENCY FAMILY LEAVE
Every factory worker shall be entitled to 10 days’ casual leave with full pay, and 16 days’ sick leave on half average pay, in a year.
Factories Act 1934 §49-H
Remarks: For examples from other industries, see: Mines Act 1923 § 28d Road Transport Workers Ordinance 1961 § 6b West Pakistan Shops and Establishments Ordinance 1969 § 15 Newspaper Employees (Conditions of Service) Act 1973 § 7
PART-TIME WORK
General provisions
No relevant provisions identified.
NIGHT WORK
Limits
Daily hours limit
Where a worker works on a shift which extends over midnight, the ensuing day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends and the hours he has worked after midnight shall be counted towards the previous day.
Factories Act 1934 §46
Remarks: Day is defined to mean a period of 24 hours beginning at midnight (§2(d)).
Schedule
Where a worker works on a shift which extends over midnight, the ensuing day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends and the hours he has worked after midnight shall be counted towards the previous day.
Factories Act 1934 §46
Special categories
Young workers
Children and adolescents shall not be allowed to work in a factory except between 6am and 7pm, unless the span of permissible hours has been expanded to the period bewteen 5am and 7.30pm by notification of the Provincial Government.
Factories Act 1934 §54(3)
Remarks: The Employment of Children Act 1991 (§7) prohibits children from being permitted or required to work between 19.00 and 08.00.
Women
Women shall not be allowed to work in a factory except between 6am and 7pm, unless the span of permissible hours has been expanded to the period bewteen 5am and 7.30pm by notification of the Provincial Government. Exemptions may also be granted by ruling of the Provincial Government to allow women working in fish-curing or -canning factories to work beyond the said hours where necessary to prevent damage to or deterioration in any raw material.
Factories Act 1934 §45
Remarks: No relevant notifications or exemption rulings have been identified.
SHIFT WORK
Schedule
Where any group is required to work on a system of shifts and the relays are not to be subject to pre- determined periodical changes of shift, the manager of the factory shall fix the periods within which each relay of the group may be required to work.
Where any group is to work on a system of shifts and the relay are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where under the periods within which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day.
The Provincial Government may make rules providing that in any specified class or classes of factories work shall not be carried on by a system of shifts so arranged that more than one relay of workers is engaged in work for the same kind at the same time save with the permission of the Provincial Government and subject to such conditions as it may impose, either generally or in the case of any particular factory.
Factories Act 1934 §§39(6), 39(7), 49
ON-CALL WORK
Criteria
No relevant provisions identified.
FLEXITIME
Criteria
No relevant provisions identified.
CASUAL WORK
General provisions
No provision for casual workers identified.
SHORT-TIME WORK/WORK-SHARING
General provisions
No relevant provisions identified.
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
No relevant provisions identified.
INFORMATION & CONSULTATION
Information
There shall be displayed, at some conspicuous place at or near the main entrance to the factory, and maintained, in a clean and legible condition, a Notice of Periods for Work for Adults and a Notice of Periods for Work for Children, showing clearly the periods which the respective workers may be required to work. A copy of the Notice shall be sent in duplicate to the Inspector before the day on which work begins.
No worker shall be allowed or required to work otherwise than in accordance with the relevant Notice of Periods for Work displayed.
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