Essay Legal Concerns and Recommendations

Different laws include “Articles” that define the legal framework for employment as:

Article 11 says we don’t have the right to enforce anyone to work as labor.

Article 17 elaborates that everyone has the right to become part of any labor union unless it is restricted by country.

Article 25 of the Constitution of Pakistan mentioned that everyone has an equal right to Citizenship, and there should be no discrimination based on “gender”.

The written terms & conditions for the appointment, employees’ transfer as well as promotion are provided by the industrial and commercial employment 1986 of Schedule standing ordinance (Section 2).

Probation period needs not to exceed a period of three months (Section 1), and for Contract based hiring, 9 months’ tenure is allowed, which can be renewed during employment.

Last in first out method for reduction of expenditure is given by Section 3.

Factories Act 1934 includes Section 34 that emphasis on 48 hours working during a week

Section 35 is regarding a weekly holiday.

Section 36 restricts 9 hours working during a day.

Maternity Laws emphasis on maternity benefits and allowing women 3 months to leave with full pay.

Job timing law defines the work schedule of a job.

The minimum wage ordinance 1961 contain wage acts for employees (skilled and unskilled)

Minimum wage limit is Rs. 16500

Double employment is restricted in the same organization.

The industrial and commercial employment 1986 10-c, allows employees to get a share form profit of employer if they are working for more than three months (Saxton, 1995).

Recommendation:

As per the above laws, it is recommended that:

For Job advertisement, If the vacancy is related to the work, then discrimination based on color, gender, caste should not be a part of this process unless disable person cannot perform duties.

C.V screening should not be based on minorities.

Similarly, in the selection process, discrimination should be eliminated on any basis. It should be completely as per the job requirement.

HR should provide the application form and take the signature of the candidate.

HR should also provide the agreement of hiring to the selected candidate

HR manager makes ensure that all the hiring deals should be written a form, either with current employees or with the new hires.

HR should make ensure that Contractual employees should be given all the facilities, and their contracts cannot be terminated against the decided terms and conditions.

The HR manager should make ensure for hiring women; Office timings should be between 6 AM- 7 PM.

Employees should be awarded government holidays, and if they are working on a national holiday or more than 8 hours they should be paid double for them over time.

HR should make ensure that employees are entitled to avail the maternity, marriage and for sick leaves with the pay as per law.

The consent of the person to be hired should be taken in writing.

 Reference of Legal Concerns and Recommendations

Saxton, B. (1995). Flaws in the Laws Governing Employment References: Problems of "Overdeterrence" and a Proposal for Reform. 13 (1), 45-113.