ZAFAR & ASSOCIATES - LLP | Employment Law Services - Pakistan

Employment Law Services

Employment law is the set of laws and rules that regulate relationships between employers and employees, these laws compliment in smooth running of the business with regard to matters relating to employment for achieving the target of higher productivity, reasonable profits, better earnings and reduction in unjust practices or discrimination.

The relationship between an employer and an employee in the workplace is delicate but fundamental. This relationship can define the employee's experience in the workplace and the success of the employer.

When an employer wants to hire someone, there’s a lot they have to know. There are minimum wage laws that require the employer to pay a certain amount. There are laws that prohibit the employer from discriminating against applicants or employees based on certain characteristics. Employers must provide a safe working environment. In some cases, they must provide health insurance options. Employers must collect and submit payroll taxes on behalf of the employee.


Employment Law Practice in Pakistan

In Pakistan, working conditions are less than favorable. There are no laws to protect employees from working shifts longer than eight hours without overtime pay, employees do not get social security, cannot create unions, and have no statutory right to weekly leave.

The Pakistan Workers Federation (PWF) has been created in order to speak for all employees within the country, regardless of their employment role. Similarly, employees’ social security institutions have been formed at provincial levels ensures provision of healthcare, financial assistance, and other benefits to workers and their dependents.

Employment Law Rights in The Constitution of Pakistan

The rights of employees have been sufficiently safeguarded in the constitution of Pakistan. The chapter of Fundamental Rights and Principles of Policy has articles that protect employees’ rights.

  • Article 11 – does not allow any forms of child labor, forced labor, and slavery as stated in this article.

  • Article 17 – provision for fundamental right to form unions and to exercise freedom of association is also describe in this part.

  • Article 18 - the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business.

  • Article 25 - the right to equality before the law and prohibition of discrimination on the grounds of sex alone.

  • Article 37(e) - provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment.

Statutory Employment Laws in Pakistan

The Provincial Employees Social Security Ordinance, 1965

The Provincial Employees Social Security Ordinance, 1965, had introduced a social security scheme to provide benefits to certain employees and their dependents in cases of sickness, maternity, employment injury or death. However, after the 18th amendment, the ordinance was devolved and employees’ social security bodies were formed it provincial level to provide the same kinds of benefits. They are named as:

  • Punjab Employees Social Security Institution (PESSI)

  • Sindh Employees Social Security Institution (SESSI)

  • KPK Employees Social Security Institution

The Industrial and Commercial Employment (Standing Ordinance, 1968)

The Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was one of the best ever employment laws promulgated in Pakistan. It was considered as the magna carta of employment legislation in Pakistan by the then policymakers.

Standing Orders Ordinance requires that every employee at the time of his appointment, transfer or promotion should be provided with an order in writing, showing the terms and conditions of his service. Similarly, every permanent worker is entitled to a written certificate of service at the time of his dismissal, discharge, retrenchment or retirement from service (S.O. 2-A and 18of Standing Orders Ordinance, 1968)

Similar provisions are found in the Khyber Pakhtunkhwa Industrial and Commercial Employment (Standing Order) Act 2013 (Standing Order 3 & 4) and the Sindh Terms of Employment (Standing Orders) Act 2015 (Standing Order 3 & 17).

Employment Contracts in Pakistan

Pakistani employment law prohibits hiring fixed term contract employees for tasks of permanent nature. The maximum length of a fixed term (temporary) contract including renewals is 09 months.

Khyber Pakhtunkhwa and Sindh legislation allow for hiring employees on contract where the term of the contract is specified by the contract itself.

Sindh legislation however defines a contract worker as "a worker who works on contract basis for a specific period mentioned in the contract, in any establishment but does not include the third-party employment".

Khyber Pakhtunkhwa legislation also defines a contract worker as "a worker who works on contract basis for a specific period mentioned in the Letter of Contract". The legislation requires an employer to obtain a No Objection Certificate (NOC) from the Employment Department to contract out jobs of peripheral nature and not those which are related to core activity of the organization. Such NOC is issued only for a period of 6 months at a time and contains certain conditions related to the job and employment of contract workers.

Employees’ Old Age Benefits Act, 1976

Pension Rights

Social security laws provide for both full and partial/early pension. For full pension, a worker must have attained 60 years of age (55 years for women) with at least 15 years of contributions. A reduced pension is paid to the workers with ages from ages 55 to 59 (men) or ages 50 to 54 (women) with at least 15 years of contribution. (Section 22 of the Employees' Old Age Benefits Act, 1976).

Dependent’s / Survivor’s Benefits

Social Security laws provide for survivor benefit (these include dependents including widow, widower, children). The deceased worker must be a pensioner at the time of death. 100% of the deceased minimum pension is distributed equally among deceased's spouses. (Section 22-B of the Employees' Old Age Benefits Act, 1976).

Invalidity Benefit

The above acts provide for invalidity benefit in the case of non-occupational accident/injury/disease resulting into permanent invalidity. (Sec. 23 of the Employees' Old Age Benefits Act, 1976).

How ZA-LLP may help?

Employment Law in Pakistan is very comprehensive and contains several Ordinances, Acts, Rules and Regulations and all other statutes relating to Industrial, Commercial and Employment Establishments which are widely scattered and inaccessible statutes. These different laws give authentic guide to the Employers, the Employees, the Trade Unions and the concerned Agencies to realize their respective responsibilities and to become aware of their prescribed legal rights to be asserted. Our Law Firm has the main object to provide the legal services concerning these Employment Laws to the Employers and the Employees for the smooth running of the business in order to achieve the target of higher productively, reasonable profits and better salaries.


Our Core Competencies

1

Collaborative Skillset

Collaborative lawyers trust the wisdom of the group; lone wolves and isolationists do not do any good anymore.

2

Emotional Intelligence

Distant, detached lawyers are relics of the 20th century, the market no longer wants a lawyer who is only half a person.

3

Technological Affinity

If you can not effectively and efficiently use e-communications, and mobile tech, you might as well just stay home.

4

Time Management

Virtually a substantial part of lawyers difficulties in this regard lie with their inability to prioritise their time.


What People Say About Us

  • Thank you for your email and the final draft. Indeed it is one of the finest drafts I have come across with. Certainly, your commitment level, eagerness to resolve, intellectual strength, attention to detail and legal expertise are commendable. Under your admirable guidance and direction, I have been able to maneuver with immense success and will reach fruition much earlier than anticipated. Thank you for being so supportive!

    Yaser Shan ~ Toronto, Canada
  • Thank you again so much for this wonderful service. I just wanted you both to know, I spent weeks searching for a service in Pakistan like this, that could legally handle payroll for a Pakistani employee for a US based business and so far I am extremely happy with your organization's service and punctuality. Your service thus far is absolutely amazing and I know Sunita is grateful that we were able to find your organization to ensure her position at our company.

    Prince E. Rich IV | CEO ~ Rich Technology Group LLC, USA
  • We are very happy with the work you have done. Its highly appreciated the professionalism and deep research by the team. Accept our deep gratitude! I do not know how to say Thank you to you and your team! It's a masterpiece you have created and we are very thankful for your help to assist in our social cause.

    Imtiaz Makhani ~ Karachi, Pakistan
  • Thank you very much for your fantastic support, which has been absolutely invaluable throughout the process. We really enjoyed working with you and look forward to plenty more opportunities for shared projects into the future.

    Dr. Albrecht Muser | KPMG ~ München, Germany
  • Working with all of you over the last years has been a pleasure and an honour! Your expertise, focus on customer service and professionalism make it possible for us to provide superior services to our clients and I am so grateful to you.

    Maude Burger-Smith ~ Cape Town, South Africa
  • We are glad to inform you the receipt of current outstanding balance in our bank account from the disputed party. Therefore we request you to arrange to close the dispute case with them as per our management decision. We would like to take this opportunity to thank you for all the support and advice to solve this matter. It was pleasure working with you all.

    Rahul Meppad ~ Dubai, UAE
  • Thank you for your support in this process and for your great hospitality. Your assistance has been of great importance. It was also important to see and experience the high quality of your services and your well known firm.

    Magnus Greko ~ Sweden
  • Thank you for your support in this process. Your assistance has been invaluable. We are looking forward to a long lasting working relationship with you. Also, thank you for hospitality during these past days.

    Lothar Geilen ~ Germany
  • Dear Atty. Iram Fatima: I would like to let you know that my wife came in USA last week. The U.S. Embassy Islamabad approved her visa petition in the lights of all the wonderful endeavors done by you and Mr. Birach. It was a long legal battle of about 7 years. I must say that your law firm is one of the best in the country and you are a highly professional advocate. Dr. Zafar should feel proud to have you in his crew. Finally, again I would say Thanks for all your legal services and I am your best reference.

    Zubair Mufti ~ Texas, USA
  • Dear Dr Zafar and Iram: Thank you very much for timely submission of the excellent opinion letter. It is very well drafted and covers the key points. We very much appreciate your excellent and timely work in preparing the legal opinion.

    Mrs. Iqbal Farrukh ~ San Francisco, USA
  • Dear Attorney Iram Fatima: Thanks so much for all of your kind efforts in this area and I must admit that your legal firm is the best in the country.

    Zubair Mufti ~ Texas, USA
  • The efficiency and effectiveness of your services are much appreciated.

    James Alexander Linton Williams ~ UK
  • We are complately satisfied with the e-communication and provided services. We would like to thank the whole team, and Ms Iram Fatima in particular, for your professionalism and the Due Diligence you carried out.

    Elena Pavlova ~ France
  • Many thanks for this, and thank you for being so prompt. It is very appreciated.

    Alex Gilchrist ~ Somerset, UK
  • Thank you again for handling my case so well, I am honoured to be represented by you.

    Yolanda Slabbert ~ Port Elizabeth, South Africa
  • Thank you very much for your great attention to my case, I see that you're a very serious company and I'm happy that I've choose you.

    Sergio Lujan ~ Bogota, Colombia
  • I really appreciate the help and support provided by Zafar and Associates to our company. I don’t know what to say or how to thank you, but to tell the truth your services are really the best legal services we have ever received. You are truly a professional and effective law firm.

    Adnan Branbo ~ Dubai, UAE
  • Thank you very much for your contribution. We will review the information and incorporate it into the International Citation Manual of Washington University Global Studies Law Review. Your help is appreciated.

    Naomi Levin ~ Washington, USA
  • I wanted to let you know that i got the documents. And i wanted to thank you and the whole team who worked on my case. You all did a good job thanks again.

    Naima Ashraf ~ The Hague, Holland
  • Thank you very much for all the work you have done to ensure that the Death in Service benefit reaches the parents of the deceased. Are they expecting this money and do they understand where it is coming from? We appreciate your assistance and excellent work.

    Susan Bauer ~ London, UK
  • I have no words to express my gratitude to you. People like you are very rare and I have the privilege to know one of those. May God shower all blessings on to you and your family. I am a small man with only prayers on my lips.

    Dr. Haridev Bhargava ~ Saratoga, USA
  • I must say your handling of this matter has been totally sterling and I shall not have any hesitation in recommending you and your firm to others.

    Rosina Ahmad ~ UK
  • Good morning, I received the documents back yesterday afternoon. Thank you so much for your quick response to the job. We really appreciate it. Looking forward to working with you in the further.

    Mrs. Jan Malcolm ~ Auckland, New Zealand
  • Thank you very much for the case. It is just brilliant! I am so grateful that you went out of your way to help me.”

    Loraine Bhan ~ Suva, Fiji
  • I do appreciate highly the sense of commitment your office wishes to dedicate to the follow up of our question for information. I have transmitted the contents of your email IMMEDIATELY to the contact, together with confirmation of the highest esteem we attribute to the quality of the services rendered by ZAFAR & ASSOCIATES.

    Paul Wouters ~ Istanbul, Turkey
  • Thank you very much for the information and good news. I know you’ve been working too hard and I appreciate every single minute working with you all. It’s an experience to be in the team of hardworking people and I am very proud to be included.

    Evangeline Williams ~ Paphos, Cyprus
  • I would like to thank you for your swift and excellent service that your office recently provided us. I would definitely forward your contact information to my friends and family in reference to seeking legal matters in Pakistan. I would also inform Sean Hogan and his associates to pass on your contact information to any clients that may need assistance in the matters of law in Pakistan.

    Zarar Khan ~ Miami, USA
  • We are greatly impressed with your firm and the professional calibre of the partners. If acceptable, we would like to keep your firm as a reference for future projects. Please let me know.

    Tanaz Pardiwala ~ Barcelona, Spain
  • We are happy to inform you that we have received the original succession certificate via DHL. I want to take this opportunity to thank you for your efforts, especially Dr. Zafar, who was kind enough to handle the security deposit at the court. With our best wishes and success for the New Year, to you and your esteemed team, we remain with.

    Mansur Asrar ~ Istanbul, Turkey
  • I am writing to convey to you how much I appreciate your prompt service! My mother called me today and informed me that 2 lawyers from your firm visited her. It is a pleasant surprise to know that such a law firm exists in our very own country. I would definitely recommend your firm to any friend who is in need of professional legal services in Pakistan.

    Naveed Ahmad ~ USA
  • I am truly very impressed with the follow up of your law firm. I never thought a Pakistani firm would be so aggressive and pro-active. Do you even happen to come to NYC? If so, then please look me up here when you visit next.

    Faisal Mumtaz ~ New York, USA
  • I want to thank you for all services you have rendered to us. I really appreciate it and hope on further cooperation.

    Petrov Andrey ~ Moscow, Russia
  • With God's help you have done a great thing for our family. Thank you so much for your diligence and expertise. We are truly grateful to God for all that is possible now. We also are looking forward to meeting you and your staff when we arrive in Pakistan next month. Please let us know if there is anything we can bring for you from the United States as a gift.

    Shaukat Minhas and Colleen Davidson ~ Dallas, USA
  • Your help in investigation case is well appreciated. My brother and I are ever grateful to you for obtaining the document. Thank you and god bless you and your practice team.

    Kevin Lessani - Dallas - USA
  • I greatly appreciate that your law firm is very careful in its preparation of petitions. In fact, the outcome of a legal fight greatly depends on how effectively a law firm has presented its case. If it fails to conceive in advance as to what it will have to face in defense, it can not prepare an effective petition. I admire that ZAFAR & ASSOCIATES - LLP are very careful in their initial step i.e. to prepare petition, around which the whole legal battle is fought.

    M. Iftikhar Sheikh ~ Dhahran, Kingdom of Saudi Arabia