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Pakistan - Compensation & Benefit Legislation

CAPITAL

Islamabad

 

CLIMATE

Mostly hot, dry desert. Temperate in the northwest and arctic in the north.

 

LANGUAGES

Punjabi (48%), Sindhi (12%), Siraiki (a Punjabi variant, 10%), Pashtu (8%), Urdu (official, 8%), Balochi (3%), Hindko (2%), Brahui (1%), English (official and lingua franca of Pakistani elite and most government ministries), Burushaski, and other (8%).

 

LEGAL SYSTEM

Based on English common law with provisions to accommodate Pakistan's status as an Islamic state. Pakistan accepts compulsory ICJ jurisdiction, with reservations.

 

CURRENCY

Pakistan Rupees (1 USD = 63.0120 PKR as of March 1, 2002)

 

PAKISTAN - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

PAKISTAN - EMBASSY/CONSULATES

U.S. Embassy at Islamabad

Diplomatic Enclave, Ramna 5

P.O. Box 1048, Unit 62200

APO AE 09812-2200

Islamabad, Pakistan

Telephone: [92] (51) 2080-0000

Fax: [92] (51) 2276427

http://usembassy.state.gov/posts/pk1/

 

U.S. Consulate at Karachi

8, Abdullah Haroon Road
Karachi, Pakistan
Tel: (92) 21-5685170-9
Fax: (92) 21-5683089

 

U.S. Consulate at Lahore

50, Empress Road
Lahore, Pakistan
Tel: (92) 42-6365530-9
Fax: (92) 42-6365177

 

U.S. Consulate at Peshawar

11,Hospital Road
Peshawar, Pakistan
Tel: (92) 91-279801-3
Fax: (92) 91-276712

 

Embassy of the Islamic Republic of Pakistan at Washington D.C.

2315 Massachusetts Avenue N.W.

Washington D.C. 20008

Telephone: (202) 939-6200

Fax: (202) 387-0484

http://www.pakistan-embassy.com

 

PAKISTAN - HOLIDAYS

 

PAKISTAN - LEAVE

Additional benefits required by the Federal Labor Code include annual and sick leave, health and safety standards in the workplace, health care, education for workers' children, social security, old age benefits, and a worker's welfare fund. Employees earning more than approximately $47 (PRs 3,120) per month do not receive these benefits.

 

(Section 6.d. Acceptable Conditions of Work, Pakistan – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

PAKISTAN - MINIMUM AGE

The suspended Constitution prohibits the employment of children aged 14 years and under in factories, mines, and other hazardous occupations. The Employment of Children Act prohibits the employment of children under age 14 in certain occupations and regulates their conditions of work. Under this law, no child is allowed to work overtime or at night.

 

(Section 6.d. Acceptable Conditions of Work, Pakistan – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

PAKISTAN - MINIMUM REMUNERATION

Federal statutes applicable throughout the country govern labor regulations. The minimum wage for unskilled workers is approximately $30 (Prs 1,976) per month, with only slightly higher minimum rates for skilled workers.

The minimum wage applies only to industrial and commercial establishments employing 50 or more workers and not to agricultural or other workers in the informal sectors. The minimum wage usually does not provide a decent standard of living for a worker and family.

 

(Section 6.e. Acceptable Conditions of Work, Pakistan – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

PAKISTAN - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

PAKISTAN - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

The Industrial Relations Ordinance (IRO) permits industrial workers to form trade unions subject to major restrictions in some employment areas. However, the International Confederation of Free Trade Unions (ICFTU) reports that the IRO only covers companies that employ 50 or more persons, and that companies sometimes subdivide their workforces into artificial subsidiaries (while keeping them all on the same premises) to avoid falling under the IRO. The Essential Services Maintenance Act (ESMA) covers the state administration, government services, and state enterprises such as oil and gas production, electricity generation and transmission, the state-owned airline, the national railroad, and ports. Workers in these sectors are allowed to form unions. However, the ESMA sharply restricts normal union activities, usually prohibiting, for example, the right to strike in affected organizations. A worker's right to quit also may be curtailed under the ESMA. For each industry subject to the ESMA, the Government must make a finding, renewable every 6 months, on the limits of union activity. There is no provision allowing agricultural workers or teachers to unionize as they are not defined as "an industry." Water and power workers may engage in "responsible trade unionism."

 

According to government estimates, union members make up approximately 10 percent of the industrial labor force and 3 percent of the total estimated work force. Unions claim that the number of union members is underestimated. Contract labor continues to flourish, undercutting the power of the unions and exploiting workers who are willing to work on temporary contracts with fewer benefits and no job security.

 

Legally required conciliation proceedings and cooling-off periods constrain the right to strike, as does the Government's authority to ban any strike that may cause "serious hardship to the community" or prejudice the national interest. The Government also may ban a strike that has continued for 30 days. Strikes are rare. When they occur, they usually are illegal and short. The Government regards as illegal any strike conducted by workers who are not members of a legally registered union. Police do not hesitate to crack down on worker demonstrations. The law prohibits employers from seeking retribution against leaders of a legal strike and stipulates criminal penalties for offenders. The courts may imprison employers for violating this prohibition, but they are more likely to fine them. The law does not protect leaders of illegal strikes. There were no strikes during the year, and some labor leaders attribute this to the ban on strikes by large unions, such as Pakistan Railways and Pakistan International Airways. The ICFTU reported that during the year the Government also suspended union activities, including canceling collective bargaining agreements and closing union offices, at PIA. In May and June 2000, there were strikes by small and large businessmen throughout the country to protest the Government's efforts to collect taxes.

 

In 1997 the Cabinet passed an amendment to the IRO which states that: 1) Only employees of the represented industry can hold office in a trade union; and 2) if trade unions form a federation, the federation cannot bargain with individual employers; each component union has to bargain for itself. The first provision disadvantages smaller unions, which may not have enough officers capable of bargaining. The second provision is an attempt to weaken the power of the federations. This amendment has been challenged by the trade unions and, as a result, has not yet come into force. Late in 1997, the Prime Minister announced the Government's investment policy, under which, in order to improve working relations among employees and employers, trade union activity would be industry-based and not factory-based. This policy also decrees that, in order to check the growth of trade unions, unions receiving less than 20 percent of the votes in a referendum are to be dissolved automatically and their registrations canceled. No action has been taken to implement these elements of the investment policy.

 

The ILO has stated repeatedly that the country's law and practice violate the Government's commitments under ILO Convention 87. The ILO has urged the Government to lift prohibitions against union activity with respect to teachers, radio, television, railway, forestry, hospital, banking, and other government employees, as well as to rescind the existing ban on strikes. The ILO also expressed concern about the practice of artificial promotions that exclude workers from the purview of Convention 111. In response to a government request, the ILO has provided technical assistance to help bring the country's labor laws into conformity with the ILO's conventions. However, no legislative remedies have been applied.

 

Unions may belong to federations, and there are eight major federations. The Government permits trade unions across the political spectrum. While many unions remain aloof from politics, some are associated with political parties. Unions associated with opposition parties are allowed to carry on their activities freely.

 

The United States revoked Generalized System of Preferences (GSP) trade benefits in 1996 for certain goods, such as leather sporting goods, surgical instruments, and hand-loomed carpets, due to failure to make progress on various worker rights issues including child labor (see Section 6.d.).

 

In 1994 a government task force on labor recommended improvements on worker rights problems, which formed the basis for the development of a new government labor policy. The Government has not approved the new policy; however, it has implemented two components of the proposed policy: Improvements in the workers' welfare fund and increases in social security benefits for workers. Federations are free to affiliate with international federations and confederations. Pakistani trade unions belong to the ICFTU and to secretariats affiliated with the ICFTU.

 

b. The Right to Organize and Bargain Collectively

 

The right of industrial workers to organize and freely elect representatives to act as collective bargaining agents is established in law. In general legal unions have the right to bargain collectively. However, the many restrictions on forming unions (see Section 6.a.) preclude collective bargaining by large sections of the labor force. For example, agricultural workers are not provided with the right to strike, to bargain collectively, or to make demands on employers. The National Bank of Pakistan Employees' Union filed suit against the Government for implementing a banking companies ordinance that prohibited union activities in banks during working hours and allowed only current bank employees to serve as bank trade union officials. Labor unions report that workers are given artificial promotions (such as a new title with no salary increase) to make them ineligible for union membership. This practice is prevalent in the financial sector, particularly among foreign banks.

 

The ESMA also restricts collective bargaining. For each industry subject to the ESMA (see Section 6.a.), the Government must make a finding, renewable every 6 months, on the limits of union activity. In cases in which the Government prohibits collective bargaining, special wage boards decide wage levels.

 

The special wage boards are established at the provincial level and are composed of representatives from industry, labor, and the provincial labor ministry, which provides the chairman. Despite the presence of labor representatives, unions generally are dissatisfied with the boards' findings. Disputes are adjudicated before the National Industrial Relations Commission. A worker's right to quit also may be curtailed under the ESMA. Dismissed workers have no recourse to the labor courts.

 

The IRO prohibits antiunion discrimination by employers. Under the law, private employers are required to reinstate workers fired for union activities. However, in practice, such redress has not been available to workers, because workers usually do not pursue redress through the courts due to the fact that the legal system is slow, prohibitively expensive, and often corrupt.

 

The ESMA exempts export promotion zones (EPZ's) from the IRO's granting of workers the right to form trade unions. There is only one EPZ, in Karachi, with nearly 6,000 employees, according to government sources. In 1996 the Cabinet decided to withdraw these exemptions beginning in January 2000; however, the Government stated that it will honor agreements with investors regarding the exemptions, and it made no effort to lift the restrictions as of year's end.

 

c. Prohibition of Forced or Compulsory Labor

 

The suspended Constitution and the law prohibit forced labor, including forced labor by children; however, the Government does not enforce these prohibitions effectively. Critics argue that the ESMA's limitation on worker rights, especially the right to quit, constitutes a form of compulsory labor. The ILO has objected to this violation of Convention 29. The Government has responded that the maintenance of essential services is required for the defense and security of the country, and that continued reviews have limited these services to a few core areas such as electricity generation and distribution, and air and sea ports.

 

The Bonded Labor System (Abolition) Act of 1992 (BLAA) outlawed bonded labor, canceled all existing bonded debts, and forbade lawsuits for the recovery of existing debts. The act makes bonded labor by children punishable by up to 5 years in prison and up to $900 (PRs 50,000) in fines. However, provincial governments, which are responsible for enforcing the law, have failed to establish enforcement mechanisms. Strong social ties between employers and public officials at the local level further undercut the law's effectiveness. In addition the law is written in English and frequently is incomprehensible to persons it is intended to protect. Some provincial laws appear to violate the BLAA. For example, the Sindh Tenancy Act empowers a landlord to detain an indebted tenant, or a tenant's family member if the tenant flees, until the debt is repaid. Despite the fact that national law prohibits bonded labor, courts in Sindh often uphold the Sindh Tenancy Act. It also reportedly is common in Sindh for local officials to inform landlords of pending court decisions that will require the liberation of bonded laborers, enabling the landlords to relocate the workers prior to the judgment and thus avoid the requirement to free them. In January 2000, a newspaper reported that 56 landless agricultural workers escaped from a private jail in Sanghar district, Sindh. The landlord reportedly had forced them to work without wages for several years. In April 2000, President Musharraf announced that approximately $1,700,000 (PRs 100,000,000) had been designated to fight bonded labor; the promised funds were received by the Ministry of Labor early in the year. In September the Government announced a plan to eradicate bonded labor in the brick kiln and agriculture sectors, which included the establishment of rehabilitation centers to advise and educate liberated bonded laborers.

 

There is a reasonable basis to believe that handmade bricks and hand-woven wool carpets are produced with forced or indentured child labor. Illegal bonded labor is widespread. It is common in the brick, glass, and fishing industries and is found among agricultural and construction workers in rural areas. A 1998 study by a trade federation reported that more than 200,000 families work in debt slavery in the brick kiln industry, and there are reports that this figure has grown with the arrival of Afghan refugees to the country. The Government undertook a survey of bonded labor during the year that was to be completed in 2002. Bonded laborers often are drawn from the lowest rungs of society and are unskilled, low-caste, and often non-Muslim. The Bonded Labor Liberation Front (BLLF) is an NGO that advocates for the rights of bonded laborers and provides a safe haven and educational and vocational training for those who have escaped their bondage. The BLLF states that it freed 820 bonded brick kiln workers (including 351 children) in 1999. Bonded labor, including bonded child labor, reportedly is used in the production of carpets for export under the peshgi system, by which a worker is advanced money and raw materials for a carpet he promises to complete. The lack of education among bonded laborers deprives them of the ability to perform the necessary calculations to know when they have paid their debts to bondholders. Bonded laborers who escape often face retaliation from former employers. In March 2000, the Lahore High Court ordered the release of 24 brick kiln workers, including 10 women and children. According to press accounts, the laborers were kept in chains, were not compensated for their work, and were beaten frequently. Press reports indicate that there were similar numbers of bonded labors freed during the year. Others return to their former status after being freed because they lack the education, money, and mobility to seek a different livelihood. Although the police arrest violators of the law against bonded labor, many such individuals bribe the police to release them. Conservative estimates put the number of bonded workers at several million. The Government disputes that peshgi workers are "bonded" or "forced" laborers and argues that they are "contract laborers" who negotiate a salary advance in a free and open market.

 

There are reports that children in juvenile detention facilities are required to work. Children at the Karachi Central Jail, who were imprisoned for crimes they committed, were detained with their parents, or were born in jail, reportedly are involved in woodcrafts and television repairs. Verifying these reports is difficult because of limited outside access to the jail.

 

Children sometimes are kidnaped to be used for forced labor. According to 1996 ILO estimates, 3.3 million children between the ages of 5 and 14 (approximately 8 percent of this population group) are "economically active." Of these, approximately two-thirds work in agriculture. Seventy percent of working children have the status of "unpaid family helpers." Many observers believe that the ILO estimates understate the true dimensions of the problem. Observers also believe that the incidence of bonded labor among such children is significant, but there are no reliable figures available on this.

 

Human rights groups report that as many as 50 private jails housing some 4,500 bonded laborers were maintained by landlords in rural Sindh (see Section 1.d.).

 

The suspended Constitution and the law prohibited slavery. However, in remote areas of rural Sindh, bonded agricultural labor and debt slavery have a long history. Landlords have kept entire families in private prisons and sold families to other landlords.

 

Trafficking in children is a significant problem in Punjab and Sindh, where young boys are trafficked to the Persian Gulf to work as domestic servants and camel jockeys (see Section 6.f.). Some boys, usually between the ages of 6 and 9, are taken to countries in the Persian Gulf to serve as camel jockeys.

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The Government has adopted laws and promulgated policies to protect children from exploitation in the workplace; however, enforcement of child labor laws is lax and child labor is a serious problem. The suspended Constitution prohibits the employment of children aged 14 years and under in factories, mines, and other hazardous occupations. The Employment of Children Act prohibits the employment of children under age 14 in certain occupations and regulates their conditions of work. Under this law, no child is allowed to work overtime or at night. Penalties for the violation of the act include fines of up to $300 (PRs 20,000) or 1 year in prison. As of year's end, no one has ever received the maximum penalty. Child labor is common and results from a combination of severe poverty, employer greed, and inadequate enforcement of laws intended to control it. In May 2000, the Government, in conjunction with the ILO, issued a national policy and action plan to combat child labor. Its three principal goals are: To eradicate immediately the worst forms of child labor, to progressively eliminate all remaining forms of child labor, and to ensure at least a primary education and vocational training for the targeted children. According to the plan, funding is to be provided by the federal and provincial governments and "international donors." In April the Ministry of Labor received $1,700,000 (PRs 1,000,000,000) to fund the national child labor action plan. A board was been formed to launch projects to combat child labor, and provincial governments were asked to submit proposals during the year.

 

Children in juvenile detention facilities reportedly are required to work; children at the Karachi Central Jail, who are imprisoned for crimes they have committed, were detained with their parents, or were born in jail, reportedly are involved in woodcrafts and television repairs (see Section 6.c.). Verifying these reports is difficult due to limited outside access to the jail.

 

In 1996 the Government announced the results of its first comprehensive child labor survey conducted with the assistance of the ILO's International Program for the Elimination of Child Labor (ILO-IPEC). According to the survey, 8.3 percent (or between 3.3 and 3.6 million) of children between the ages of 5 and 14 worked. The child labor force was found to be predominantly male (73 percent) and rural (71 percent). Approximately 60 percent of child labor in the country occurred in Punjab. Some 45.8 percent of child laborers worked 35 hours or more per week and 12.6 percent worked 56 hours or more. The majority (67 percent) of child laborers worked in agriculture, forestry, hunting, and fishing industries; 11 percent in the manufacturing sector, 9 percent in wholesale and retail, and 8 percent in social and personal services. In occupational terms, craft and related trade work accounted for approximately 19 percent of child laborers, while 71 percent worked in unskilled jobs.

 

Only the Government and exporters regard the ILO survey as an accurate measurement of the incidence of child labor. Many observers believe that it understates the problem, and give higher estimates of as many as 20 million child laborers. A 1997 survey by the Pakistan Institute of Labor Education and Research indicated that in one-fourth of 187 Karachi households, the eldest child worker (below the age of 14) provided more than 40 percent of household income. A recent ILO survey indicated that agriculture is the largest child labor industry; followed by the informal sector, which includes domestic work, street vending, illegal work, and family businesses; hazardous work, such as the leather, surgical instruments, and brick kiln industries ranked third. The report also noted that when programs are developed to eliminate child labor in one industry, parents often shift their children to work in other industries.

 

A survey conducted by the Human Rights Commission of Pakistan published in June 1999 noted that there are approximately 4,000 children working in auto workshops in the Mardan district of the NWFP. The report stated that most of the children were between the ages of 3 and 8. During a press conference in February 2000, the president of the Punjab Laborers Front stated that 100,000 children between the ages of 5 and 12 years were working in more than 4,500 brick kilns in Punjab. The ILO, the Ministry of Labor, and the Federal Bureau of Statistics were scheduled to conduct a new survey during the year in more than 30,000 households; this survey is to include the agricultural sector and rural areas where the worst forms of child labor often occur. The survey is expected to be completed in 2002.

 

Child labor, mostly female, is common in the carpet industry, much of which is family-run. Carpet manufacturers, along with the ILO-IPEC, have established a program to eliminate child labor from the industry through monitoring and rehabilitation, and monitoring and rehabilitation continued throughout the year. By year's end, 285 informal education centers had been set up. Of the 9,519 children enrolled in the centers at year's end, 8,114 were active in the carpet industry and 1,405 were working siblings. During the year, 30 new rehabilitation centers, capable of serving 950 children, were added to the existing 153 rehabilitation centers. The ILO runs a program that aims to decrease child labor in the carpet industry by promoting educational opportunities for children. Its efforts have been extremely successful, and as a result, the demand for enrollment in public schools far exceeds the capacity of existing schools.

 

Although surgical instrument manufacturers have acted to remove child laborers from their factories, child labor still occurs at rudimentary offsite filing and polishing centers run by subcontractors for low-end items. Almost all children working in the surgical instrument industry are male. According to the ILO and the Punjab Welfare Department, children constitute about 15 percent of the work force in the surgical instrument industry in Sialkot; 3,200 of these children are estimated to be under age 14. According to a June 1999 report issued by Public Services International, the average age of children in the surgical instrument industry is 12. Children in the surgical instrument industry are prone to injuries from machinery and burns from hot metal, as well as respiratory illnesses from inhaling poisonous metal dust. The successful efforts to eliminate child labor in other industries have not been mirrored in the surgical instrument industry.

 

Child labor is not regarded as a particular problem in the textile and apparel industries, but no specific studies of this sector have been performed. In October 2000, Fayyaz Ahmad, a child worker in a textile mill, died as a result of injuries he sustained when his clothing became entangled in machinery.

 

In response to international criticism, the Government has begun to push provincial authorities to enforce child labor laws. However, enforcement of these laws remains a problem. There are few child labor inspectors in most districts, and the inspectors often have little training and insufficient resources. They reportedly also are corrupt. By law inspectors also may not inspect facilities that employ less than 10 persons; most child labor occurs in facilities smaller than this. Hundreds of convictions are obtained each year for violations of child labor laws, but low fines levied by the courts--ranging from an average of $6 (PRs 364) in the NWFP to an average of $110 (PRs 7,280) in Baluchistan--are not a significant deterrent. The Employment of Children Act allows for fines of up to $275 (PRs 18,200). Penalties often are not imposed on those found to be violating child labor laws.

 

Soccer ball manufacturers, importers, the ILO, and UNICEF have implemented a plan to eliminate child labor from the soccer ball industry. This project, based in Sialkot, monitors the production of soccer balls at established stitching centers, and set up as many as 185 rehabilitation centers to educate former child laborers and their younger siblings. At the end of 2000, there were 153 rehabilitation centers, and an additional 70 centers were projected to be established during the next 2 years. In addition the project sought to identify unemployed adults, especially women, from the families of former child stitchers to take up stitching work and replace lost income. Women initially were reluctant to move from their homes to stitching centers. To this end, it began to establish small, home-based stitching centers in individual villages; by the end of 2000, it had set up 358 home-based centers and 146 larger centers for female stitchers. By year's end, the number of home-based centers had increased to 360, larger centers to 186, and combined centers to 64. The ILO monitors more than 1,200 stitching centers. Saga Sports, which also manufactures soccer balls, has built modern community-based facilities in 10 villages with a high percentage of family stitching operations. The facilities contain workspace for stitchers as well as dining areas, childcare centers, recreation areas, and medical clinics. Each facility also has its own water system, waste disposal system, generator for electricity, and transportation system. Meals, childcare, medical services, and use of the facilities are provided for free to workers and their families; use of non-production areas is allowed to all community members. These centers reportedly have created approximately 6,000 jobs, 400 to 500 of which are held by women. During 2000 Saga Sports became the first industry in Sialkot to permit freedom of association. By the end of 2000, more than 6,000 children had been removed from employment in the soccer ball industry. In February the International Labor Organization, which monitors more than 90 percent of export production, reported that it had found no evidence of children working in any of the registered stitching centers, and that it found no unregistered centers. Despite the success of these programs, exporters of soccer balls from Sialkot state that implementing child labor reforms has increased their production costs, making their products less competitive in the world market.

 

Under a memorandum of understanding with the Government, the ILO/IPEC program in the country is involved with other child labor projects. Projects in Sialkot include one in the surgical instruments industry and one in the nonformal (nonexporting) sectors. The ILO works with the Government, employers, workers, and NGO's to pursue the Government's policy and plan of action for child labor. The Government established 30 rehabilitation centers (50 are planned) for former child laborers through the Pakistan Bait-ul-Mal, the Government's social welfare fund. Each center educates 120 children. The ILO created a similar program in conjunction with the European Union, specifically targeting child bonded laborers, and during the year the Government took charge of 18 centers begun by the European Union. In 1998 the ILO and the Swiss Agency for Development and Cooperation (SDC) launched a large project to combat child labor and child abuse in the NWFP. This program, which targets children in the automobile repair sector, aims to provide children with vocational training and informal education. During the year, this project was extended through 2005. It has targeted assistance to 720 children; so far, it has provided informal education to 160 children and pre-vocational training to 393 others.

 

The Child Care Foundation of Pakistan, a national NGO, was established in 1996 with support from the Ministry of Commerce. Other NGO's, such as the Pakistan Bait-ul-Mal, conduct programs to end child labor. Bait-ul-Mal, with funding from the Government and international organizations, operates 33 education centers for children known collectively as the National Center for the Rehabilitation of Child Labor. Parents of working children are offered compensation of $5 per month (PRs 300), plus a small daily stipend of about $0.08 (PRs 5) in exchange for sending their children to school. Children in the centers receive free schooling, uniforms, books, and meals. However, many children apparently do not remain there for more than a year; the schools often are in areas far from their clients. The Bunyad Literacy Community Council and Sudhaar also run schools focusing on children who work in the soccer ball and carpet industries; their programs aim to transition children out of working and into mainstream schooling. Other local NGO's, such as the Society for the Protection of the Rights of the Child, are working to eliminate child labor.

 

On August 15, the Government ratified ILO Convention 182 on the worst forms of child labor.

 

The law prohibits forced and bonded child labor; however forced child labor is a problem (see Section 6.c.).

While the Government does not recruit children to serve in the armed forces, nongovernmental groups such as the Tehrik-e-Nifaze-e-Shariat-Muhammadi have recruited teenagers to fight alongside the Taliban in Afghanistan.

 

e. Acceptable Conditions of Work

 

Federal statutes applicable throughout the country govern labor regulations. The minimum wage for unskilled workers is $30 (Prs 1,976) per month, with only slightly higher minimum rates for skilled workers. It applies only to industrial and commercial establishments employing 50 or more workers and not to agricultural or other workers in the informal sectors. The minimum wage usually does not provide a decent standard of living for a worker and family.

 

Federal law provides for a maximum workweek of 48 hours (54 hours for seasonal factories) with rest periods during the workday and paid annual holidays. These regulations do not apply to agricultural workers, workers in factories with fewer than 10 employees, and contractors. Large numbers of workers do not enjoy these benefits. Many workers are unaware of their rights because of their lack of education.

 

Additional benefits required by the Federal Labor Code include official government holidays, overtime pay, annual and sick leave, health and safety standards in the workplace, health care, education for workers' children, social security, old age benefits, and a worker's welfare fund. Employees earning more than $47 (PRs 3,120) per month do not receive these benefits.

 

The provinces have been ineffective in enforcing labor regulations because of limited resources, corruption, and inadequate regulatory structures. In general health and safety standards are poor. Although organized labor presses for improvements, the Government has done little and its efforts to enforce existing legal protection are weak. There is a serious lack of adherence to mine safety and health protocols. For example, mines often only have one opening for entry, egress, and ventilation. Workers cannot remove themselves from dangerous working conditions without risking loss of employment.

 

On April 30, the Government announced a labor reforms package. The package includes the introduction of voluntary group insurance, expansion of existing low-cost housing projects, an increase in monetary compensation for death or disability, and an increase in old age pensions. Government officials stated that progress in implementing the reform package was made by year's end. Labor leaders continued to criticize the reform package as too limited in scope.

 

f. Trafficking in Persons

 

There are no specific domestic legal provisions dealing with trafficking in persons, although the suspended Constitution and various laws deal with certain elements of trafficking; trafficking in persons, especially in women, is a serious problem. The law prohibits the trafficking of women under age 21 into the country for sexual purposes and Kidnaping, and the suspended Constitution prohibits slavery and forced labor. Trafficking in women is protected by powerful criminal interests and operates relatively openly. The Government has done little to stem the flow of women trafficked into the country or to help victims of trafficking. For example, despite the estimated thousands of women involved, only 88 cases were registered in Sindh between 1990 and 1999. Of the 260 men and 110 women arrested, 87 were charged and only 7 were sentenced. The Government does not provide direct assistance to victims but does provide legal assistance and funding for NGO's that assist victims.

 

Pakistan is a source, transit, and destination country for trafficking in women and children for sexual exploitation, but more significantly, for use as bonded labor. Thousands of women are trafficked into the country every year, mainly from Bangladesh. Smaller numbers of Burmese, Sri Lankan, Indian, Afghan, and Central Asian women also are trafficked into the country and some Pakistani women are trafficked overseas, mainly to Afghanistan or Saudi Arabia to work as prostitutes or domestic workers. East Asian and Bangladeshi women are trafficked through the country en route to other destinations. Trafficking in women has occurred for decades; there likely are several hundred thousand trafficked women in the country. A Karachi-based NGO estimates that 100 to 150 women who are trafficked into the country each day from Bangladesh are sold for domestic labor throughout the country and for prostitution in Karachi; other estimates state that approximately 50 women are trafficked into the country per day. Press reports indicate that the buying and selling of brides persists in parts of the NWFP and Punjab.

 

 

PAKISTAN - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

PAKISTAN - STANDARD WORKWEEK

Federal law provides for a maximum workweek of 48 hours (54 hours for seasonal factories) with rest periods during the workday and paid annual holidays. These regulations do not apply to agricultural workers, workers in factories with fewer than 10 employees, and contractors.

 

(Section 6.e. Acceptable Conditions of Work, Pakistan – Report of Human Rights Practices, 2001, U.S. Department of State.)