Equal Employment Opportunity Laws in Pakistan

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Equal Employment Opportunity Laws in Pakistan
Disclaimer: The below information is provided on good faith basis and should be taken as a basic guideline about the equal employment opportunity laws in Pakistan instead of any legal advice. 

Objectives Resolution 1949

The base for the equality of all citizens was provided in the Objectives Resolution which was passed by the Constituent Assembly of Pakistan in March, 1949. This resolution later became a substantive part of the Constitution of Pakistan. This Constituent Assembly framed a Constitution for the sovereign independent State of Pakistan;

• Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed; • Wherein shall be guaranteed fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;  1973 Constitution

 The laws related to the equal opportunity further improved in Constitution of 1973.

• Article 11 of the Constitution prohibits all forms of slavery, forced labor and child labor. • Article 17 provides fundamental right to exercise the freedom of association and the right to form unions. • Article 18 says every citizen; subject to qualifications can enter a trade, business or profession of his/her choice. • The article 25 of the Constitution provides following guidelines for the equality of citizens: 1. All citizens are equal before law and are entitled to equal protection of law. 2. There shall be no discrimination on the basis of sex alone. 3. Nothing in this Article shall prevent the State from making any special provision for the protection of women and children. • Article 26 says no person otherwise qualified can be discriminated against in the matter of employment on the basis of race, religion, caste, sex, residence or place of birth (Exceptions: specific services can be reserved for members of either sex if such posts/services require duties which cannot be adequately performed by the members of other sex, e.g. Lady Health Visitor) • The article 27 puts complete ban on discrimination on the basis of sex in appointment in “the service in Pakistan”, provided that the performance and functions of the job can be carried out by, and is deemed suitable for, both sexes. • Article 32 of the constitution says that special representation shall be given to women in local government institutions (i.e., local bodies). Furthermore, article 34 states that “steps shall be taken to ensure full participation of women in all spheres of national life”

• Article 37(e) makes 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. • Article 38(a) of the constitution commits the State to secure the well-being of the people, irrespective of, inter-alia, their sex by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants.

Labor Welfare Package 2000

Labor Welfare Package for Workers was announced by federal government on April 30, 2000 in which it was made obligatory for the employers to offer gender equality and affirmative action. This package enforces:

• Equal remuneration for men and women for work of equal value through appropriate legislation. • Enhancement of maternity benefits for female mine workers. • Safeguards against sexual harassment through appropriate actions. • Recruitment of female labor inspectors for enforcement of labor laws on female workers. • Increase in percentage of reserved seats of...
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