SLC22-W6/ LABOR LAW


Based on what you have seen in class, tell us whether in your country work is considered a "duty" in addition to being a right, and whether there is any legal sanction for those who do not fulfill this duty


If I discuss about my country Pakistan then work is one of most important right but explicitly it's not considered as a duty.On the other hand if I talk about constitution of Pakistan then it is emphasizing significance of work and duty of citizens in contributing to development of country.However there is not any legal sanction directly for those that don't fulfill their responsibility.Government has implemented multiple laws as well as policies for encouragement of employment and penalising those who are evading taxes and engaging in unlawful acts!

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State which law in your country is responsible for protecting labor rights or work rights and what do you think about that law


In Pakistan if I talk about laws for providing protection to labors then here is Industrial Relation Act of year 2012 which is one of most detailed and valid law of my country Pakistan which has provided protection to rights of labor and regulation to employer-employee relationships!

If I say that this law is most fundamental step towards providing protection to workers interests, promotion of fair labor practices as well as resolution to industrial conflicts then it wouldn't be wrong to say but still its effective enforcing is a sort of challenge as well as there's a requirement for stricter implementing and monitoring mechanisms for giving surety that rights of workers are protected.So overall law has ability for bringing positive changes in labor landscape of my country!


Based on what you saw in class, say which institutions are responsible for or competent to enforce labor rights


In my country Pakistan there are multiple institutes which are responsible for enforcement of rights of labor.There's a labor department which is under overseas pakistani people ministry and human resource development which is primary authority here.

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If I talk about Provincial labor departments like Punjab labor department then in this regard they are also playing significant role.Moreover there are also national industrial relations commissions and provincial labor courts which are competetive for adjudicating labor conflicts.Federal and provincial govts are also establishing labor tribunal for resolving labor conflicts!


State whether you have had an experience in the workplace in which the claim or violation of any labor right or employment right is applicable


If I talk about my personal experience on it then I can share construction work going on in my college recently where labor rights violation was applicable .There were different workers which were facing issues such as being unpaid with time, denying minimum wages as well as lacking for conditions in which labor may work safely.

Instead of this case there are also some employees which are also experiencing harassment, discrimination as well as wrongful termination.In my country Pakistan there are also different workers in field of textiles, construction as well as agricultural sectors that are specifically vulnerable to labor rights abuses.This is most significant for workers to remain awared about their rights and for employers for giving surety of compliance with labor laws.


Scenerio number 1


If I consider myself as a lawyer then I would apply following principles about which I got knowledge through lesson!

Principal of protection of labor rights and fraud prohibition is this case may be implemented!

Principle 3

"In labor relations, reality prevails over forms or appearances,"

This is suggesting that realistic nature of work which is(driving) must needs to take precedence at misleading job title which is("cleaning staff") in contract.

Principle 4

"Labor rights are inalienable... Any action, agreement or convention that implies the waiver or impairment of these rights is void"

This principal is implying that workers waiver of social advantages as well as severance paying is not valid and not able to enforced.

Principle 5

"When there are doubts...the most favorable to the worker shall be applied"

This principal is giving surety that any sort of ambiguity in this contract or labor laws must get resolved in workers favors.


Scenerio number 2


Worker must seek for advice from labor court or national industrial relations commission in my country Pakistan.These institutes consider it their responsibility to solve labor conflicts and enforcement of labor laws.

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Workers must need for filing complain against employer, alleging termination which is not fair and to seek for reinstatement as well as compensation.These labor courts and national industrial relations commissions would monitor whole matter, hear both parties as well will made a decision.

I am considering labor court and national industrial relations commissions to be competetive for hearing this matter as they have jurisdiction for resolution of labor conflicts and enforcing labor laws.Pakistan constitution and labor laws like 2012 industrial relations act is empowering these institutes for protecting rights of workers and providing forum for resolution of labor conflicts.

I want to invite @mile16,@ngoenyi,@goodybest

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Encuentro cierta similitud en cuanto al procedimiento que se llevaba cabo cuando un trabajador es despedido de manera injustificada, comparándolo con el de mi país Venezuela.

En el suyo se llama Readmisión e indemnización. En el mío se llama Reenganche y Pago de salarios caídos (indemnización)

La materia laboral es amplia, pero las relaciones entre obrero y empleado siempre serán muy similares en cualquier parte del mundo.

Por lo tanto aplicar un derecho comparado para encontrar la mejor fórmula para regular las relaciones laborales, sería bastante satisfactorio.

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