Pakistan has a robust legal framework to ensure fair treatment and protect the well-being of female employees. Here’s a breakdown of some key benefits and the corresponding laws that guarantee them:
1. Job Security During Leave (Maternity and Paternity Leave Act, 2023; The West Pakistan Maternity Benefit Ordinance, 1958):
This act, enacted in 2023, offers significant support to working parents. Maternity leave is granted on full pay outside the leave account to a female employee on her option to the extent of 180 days on the first birth, 120 days on the second birth, and 90 days on the third birth from the date of commencement thereof. Such maternity leave may not be granted for more than three times in the entire service of the female employee, except when such leave is granted within her leave account due and admissible to her or as an extraordinary leave without pay
This law applies to all public and private establishments under the administrative control of the federal government. In case of a violation of the law, employers can be subjected to imprisonment for up to 6 months and a fine of up to Rs100,000 ($348), or both.
The West Pakistan Maternity Benefit Ordinance, 1958, was promulgated by repealing existing laws on the subject. Under this ordinance, women with at least four months’ employment in an establishment immediately preceding the day of delivery are eligible to get 12 weeks of maternity leave with full payment of salary, six weeks before and six weeks after childbirth. The employer is prohibited from dismissing the services of a woman in this situation.
Punjab and KP follow the leave stipulations of the 1958 ordinance, but Sindh has a total of 16 and Balochistan has 14 weeks of maternity leave with different conditions for eligibility. As requirements are not different anywhere, it is more realistic to have similar conditions and a similar amount of leave in the entire country.
2. Protection from Harassment (The Protection Against Harassment of Women at the Workplace Act, 2010):
This act safeguards women from harassment in the workplace. The Act requires organizations with more than 50 employees to establish an inquiry committee specifically for addressing harassment complaints. This ensures there’s a dedicated system in place to investigate and resolve such issues. The Act mandates that these inquiry committees include female members. This is crucial because it allows for complaints from female employees to be investigated with sensitivity and respect for their experiences.
It’s important to note that the 2014 amendment to the Act broadened the definition of harassment to encompass all forms, not just those of a sexual nature. This means the Act now protects employees from any kind of unwelcome conduct that creates a hostile work environment.
The Act places the responsibility for implementing its provisions on the employer. This means employers must:
- Develop and implement a code of conduct outlining acceptable workplace behavior and procedures for reporting harassment.
- Train employees on the Act and their rights and responsibilities.
- Provide a safe and supportive environment for reporting harassment complaints.
3. Dedicated Facilities (The Factories Act, 1934, as amended):
The legislation, along with its subsequent amendments, focuses on promoting the well-being of female employees. Specifically, it mandates that factories employing more than 50 female workers must establish daycare facilities for their children, as outlined in article 33-Q (2)(a).
Furthermore, the act emphasizes the importance of gender equality by requiring separate and sufficient lavatory facilities for both male and female workers, as specified in article 21 (1)(b). These provisions aim to create a supportive and equitable work environment for women in the industrial sector.
4. Regulated Working Hours (The West Pakistan Shops and Establishments Ordinance, 1965):
This ordinance establishes standard working hours for women in commercial and industrial settings. It emphasizes daytime work for women, with some flexibility allowed for situations where door-to-door transportation is provided by the employer. Night duty is strictly prohibited.
Article 7 (4) states that no woman or young person shall be employed in any establishment otherwise than between the hours of 9:00 a.m. and 7:00 p.m. except with the permission of the government.
5. Privacy During Inspections:
While not explicitly mentioned in a single law, regulations established under various acts, including the Factories Act, 1934, generally prohibit the humiliation of employees during inspections or security checks. This translates to separate rooms and female security personnel for conducting searches on female employees.
6. Support for Nursing Mothers (The West Pakistan Maternity Benefit Ordinance, 1965):
This ordinance acknowledges the needs of new mothers by guaranteeing them breaks for breastfeeding within the workplace. The specific number of breaks offered (often four) might be further defined by company policy or collective bargaining agreements.
7. Time for Prayer (Provincial Regulations/Company Policies):
There’s no national law mandating separate prayer rooms for female employees. However, some provincial regulations or company policies, recognizing the religious needs of their workforce, might make provisions for such facilities.
8. Rest and Relaxation (Company Policies/Anti-Discrimination Principles):
Similar to prayer rooms, separate canteens or designated seating arrangements for female employees aren’t mandated by national law. However, some companies, based on their policies or interpretations of anti-discrimination principles, might implement such arrangements to promote a more comfortable work environment.
Understanding these rights empowers women in the Pakistani workforce. By being aware of the legal framework that protects them, women can confidently navigate their professional journey and contribute their talents to the country’s development.
Sources:
- https://www.linkedin.com/posts/imraanshahid_hr-labourlaws-industrialrelations-activity-7205480061364248576-xl-B?utm_source=share&utm_medium=member_desktop
- https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5pmZg%3D%3D-sg-jjjjjjjjjjjjj
- https://www.dawn.com/news/1770218
- https://www.ma-law.org.pk/pdflaw/FACTORIES%20ACT%201934.pdf
- https://pakistan.unwomen.org/en