DECENT WORK IN PAKISTANI MEDIA - AN ASSESSMENT OF LABOUR LAWS & THE IMPACTS FOR MEDIA WORKERS
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DECENT WORK IN PAKISTANI MEDIA
AN ASSESSMENT OF LABOUR LAWS &
THE IMPACTS FOR MEDIA WORKERS
A report by the Institute for Research, Advocacy and Development (IRADA)
July 2021 // International Federation of Journalists (IFJ)
2 DECENT WORK IN PAKISTAN 3
ACRONYMS TABLE OF CONTENTS
ABC Audit Bureau of Circulation
AEMEND Association of Electronic Media Editors and News Directors Chapter 1: Executive Summary: A strategy for a more representative & beneficial
APNS All Pakistan Newspapers Society legal framework for the media in Pakistan 4
CBA Collective Bargaining Agent / Agency
CPNE Council of Pakistan Newspaper Editors
DigiMAP Digital Media Alliance of Pakistan Chapter 2: Key Findings 5
EOBI Employees Old Age Benefits Institution
HR Human Resource
HRM Human Resource Management Chapter 3: Background of Labour Laws Affecting Media Workers in Pakistan 6
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and Cultural Rights
IFJ International Federation of Journalists Chapter 4: Methodology 7
ILO International Labour Organization
IRAs Industrial Relations Acts
ITNE Implementation Tribunal for Newspaper Employees Chapter 5: Pakistan Labour Laws Impacting Media Workers 8
KIIs Key Informant Interviews
NECOSA Newspapers’ Employees (Condition of Service) Act, 1973
NIRC National Industrial Relation Commission 5.1 Constitutional Framework & International Standards Relating to Media
PBA Pakistan Broadcasters Association Workers in Pakistan 8
PECA Prevention of Electronic Crimes Act
PEMRA Pakistan Electronic Media Regulatory Authority
PESSIs Provincial Employees Social Security Institutions 5.2 Legal Framework Relating to Print Media Workers in Pakistan 13
PFUJ Pakistan Federal Union of Journalists
PMDA Pakistan Media Development Authority
PSPC Pakistan Security Printing Corporation Chapter 6: Performance of Wage Board & Implementation Tribunal for
PTA Pakistan Telecommunication Authority Newspaper Employees (ITNE) 17
SECP Security and Exchange Commission of Pakistan
SPL Security Papers Limited
UDHR Universal Declaration of Human Rights 6.1 Wage Board 17
UNESCO United Nations Educational, Scientific and Cultural Organization
6.2 The Implementation Tribunal for Newspaper Employees (ITNE) 19
Chapter 7: Exploring Impediments to Labour Rights & Strengthening Collective 20
Bargaining for Media Workers – Key Informant Interviews
This document has been produced by the Institute Lead Researcher: Muhammad Aftab Alam
for Research, Advocacy and Development (IRADA) Research Associates: Amir Mustafa, Saqib Bhatti,
with the support of International Federation of Varsha Arora Chapter 8: Recommendations 26
Journalists (IFJ) and its affiliate the Pakistan Executive editor: Jane Worthington
Federal Union of Journalists (PFUJ)
Special thanks to: Tauseef Ahmed Khan Annexures 27
Cover photos Mazhar Abbas Dr Jabbar Khattak
Top left: Activists at a women's rally in Lahore. Rana Azeem Tahir Mehdi
Credit: Arif ALI / AFP Ovais Iqbal Baloch Iftikhar Ahmed Mian List of key informant interviewees 27
Top right: Pakistani journalist wearing a face mask. Sheher Bano Dr Imran Munir
Credit: Asif Hassan / AFP Gulmina Bilal Ahmad GM Mustafa
Bottom left: Journalists in Islamabad mark World Immad Ashraf Umesh Pokharel Research Instruments (Questionnaires) 27
Press Freedom Day in 2020. Emily Beck Adnan Rehmat
Credit: Farooq NAEEM / AFP Syed Ikram Mustafa Bukhari Sultana Siddqui
Bottom right: Pakistan journalist Shazia Bhatti. Syed Ishtiaq Mustafa Bukhari Amir Suhail
Credit: Aamir Qureshi / AFP Adnan Bashir Chaudhry Pervez Shaukat
Muhammad Mazhar Hanif Justice (R) A. Rauf Sheikh
Akhtar Hussain Ihtsham Ul-haq
Xari Jalil Harry Wall
Fazil Jamili Nasir Zaidi
Abdullah Jan Shahzada Zulfiqar
Assad Jan Mian Muhammad Zulqarnane
4 DECENT WORK IN PAKISTAN 5
CHAPTER 1: A STRATEGY FOR A MORE REPRESENTATIVE & BENEFICIAL LEGAL CHAPTER 2: KEY FINDINGS IN PAKISTAN, COLLECTIVE AGREEMENTS APPEAR
FRAMEWORK FOR THE MEDIA IN PAKISTAN 1. NON-INCLUSIVE LEGAL FRAMEWORK FOR TO BE BECOMING MORE DIFFICULT TO ACHIEVE,
WOMEN & MARGINALIZED SEGMENTS
AND SOME EMPLOYERS ARE CHOOSING TO
EXECUTIVE SUMMARY Study of legal framework encompasses overview of ● The language of most of the laws including the
labour laws falling in following four categories Industrial Relations laws and the NECOSA is non- WITHDRAW FROM COLLECTIVE BARGAINING.
Pakistan’s constitutional and legal frame provides of themes: inclusive for women workers and employers. For
a number of constitutional and legal protections 1. Protective laws such as factories acts, merchandise examples these laws use ‘workman’ for both male digital media who are growing in number but who
and remedies to media workers. The Constitution shipping laws, laws relating to dock labourers, road and female workers. Other than representation don’t have adequate public and industry recognition of
of Pakistan, 1973 outlines the policy framework for transport, etc. of women in the executive of a trade union where their status.
provision of fair and enabling environment for workers 2. Laws relating to wage determination in terms of women are also employed, there is no mentioning
and guarantees fundamental rights of labourers.
Existing legal framework governing workers’
minimum, living and fair wage and regulation of
their timely payment. ●
of women employers / workers in these laws.
Formations of National Industrial Relation
3. NON-RECOGNITION OF INFORMAL
rights in Pakistan provides a wide range of laws 3. Labour welfare, social security, social insurance Commission (NIRC) and Wage Boards do not have WORKPLACES & FREELANCERS
covering subjects and matters including abolition and old age benefits laws any reference to the representation of ‘women
of bonded labour; employment of children; trade 4. Laws relating to labour relations. employers or workers. ● These laws mainly deal with the formal workplaces
unions and worker-employer relationship; wages ● Women occupy a significant role in the labour and establishments. This issue is particularly
and compensations; working conditions and workers’ The report deliberates upon applicability of general force in the media industry but face significant relevant to those online / digital workers who
welfare; old age benefits; and employment rights of labour laws on media workers in the light of decision disadvantages and discrimination in relation to operate from their homes.
disable persons. Special laws are also made for working of higher judiciary and describes the extent of rights their male colleagues. Further work could be ● Since most of these laws are related to formal work
conditions of media workers and newspaper employees. and privileges provided in the NECOSA for newspaper undertaken to assess any differentiated effects on places and establishments, therefore, they don’t
Currently, Pakistan’s government is planning to repeal employees. The Wage Board and Implementation women workers of recent changes in employment recognize freelancers and independent contributors
the Newspaper Employees (Conditions of Service) Act, Tribunal for Newspaper Employees (ITNE) are key relationships in the media industry. as ‘worker’. This is particularly relevant to the
1973 and merge all existing media regulatory laws institutions in realization and protection of workers’ ● Apart from the industry-related risks that women media industry where many writers, freelancers
into a proposed “Pakistan Media Development rights in newspaper industry. The report thoroughly face as their male counterparts, the women grapple and reporters work independently and contribute
Authority (PMDA).” discusses performance of these institutions including with additional work-related hazards such as to the news through their write ups.
Nevertheless, there is a need to determine the formation of Wage Boards over the years and sexual discrimination and harassment and wage ● Freelancers are a fundamental part of the labour
shortcomings, and deficiencies in the existing legal implementation of the Awards given by them. Legal disparities that must be addressed in all campaigns market in the media sector, and their interests and
framework governing rights of workers, particularly and administrative challenges in the implementation of and initiatives. rights as workers – including as regards freedom
media workers, in the aftermath of 18th amendment. these awards are also touched upon. Furthermore, this ● The laws are silent on the inclusion and of association and collective representation – need
This assessment of Pakistan’s existing and applicable part assesses the performance of the ITNE in terms of representation of other marginalized groups such greater consideration. Ways to extend coverage in
labour, industrial and worker laws was conducted to filing of cases therein and disposal thereby. The data as religious minorities, etc. collective agreements to freelance workers and to
understand the status, facts, qualities, shortcomings, shows that the ITNE could dispose of mere 10% of the ● There needs to a strong gender affirmative element permit freelancers and other atypical workers to
and deficiencies in the legal framework relating to cases filed – before or after 2010 – until May 2021. to all efforts related to enforcement of labour rights seek collective representation could be examined.
labour rights – in the wake of ongoing crisis of non- To qualify findings of the desk review, stakeholders’ for media workers.
payment of wages, mass job losses and job security feedback was collected through key informant
4. FRAIL COLLECTIVE BARGAINING & MEDIA
issues in media industry of the country.
The assessment consisted of two stages: (i) desk
interviews on a variety issues including state of
implementation of the legal framework; suggestions
2. NON-RECOGNITION OF ELECTRONIC & ONLINE / WORKERS’ RIGHT
study of Pakistan’s labour laws, impacting media to improve protection mechanism for rights of media DIGITAL MEDIA PLATFORMS
workers, in the light of best examples and international workers; and strategies / ideas to face challenges – ● Collective bargaining is long-established in the
standards including relevant ILO Conventions and mainly due to technological and state-led proposed ● There is no registration required for online / digital employment sector. When working effectively it
review of performance of the Wage Boards and structural changes in the laws – for media workers news media platforms in the country. Therefore, brings benefits both to employers and to workers.
Implementation Tribunal for Newspaper Employees in future. Key research findings (Chapter 2) and status of employees working with the digital / It remains at the heart of a well-functioning labour
(ITNE); and (ii) Key informant interviews of recommendations (Chapter 8) are also part of online news media platforms is in question. market in the media industry.
journalists’ / workers’ unions leaders, media owners the report. ● There is no adequate mechanism for the protection ● Unfortunately, in Pakistan, collective agreements
(industry experts), labour law experts, Wage Board of employment in case of electronic and social/ appear to be becoming more difficult to achieve,
and ITNE officials and local and international media digital media employees as we have seen in case and that some employers are choosing to withdraw
development experts. THIS ASSESSMENT OF PAKISTAN’S EXISTING of newspaper employees. It has been seen that the from collective bargaining.
This assessment report provides an overview of journalists who speaks against the government or ● Collective agreements should be extended to cover
constitutional and legal framework relating to the AND APPLICABLE LABOUR, INDUSTRIAL some other powerful institutions have lost their media workers’ working in new media platforms,
labour, especially affecting media workers. This covers jobs immediately. including online content creators.
appraisal of the relevant constitutional provisions in AND WORKER LAWS WAS CONDUCTED TO ● There is a need to reform the existing labour laws
the light of international standards relating to media
workers. This includes study of: Article 17(1) relating to UNDERSTAND THE STATUS, FACTS, QUALITIES,
dealing with print and electronic media to align
them to international best practices. Furthermore,
5. LACK OF AWARENESS ABOUT LAWS
freedom of association; Article 11 relating to abolition there is also a need to make pragmatic and positive AMONG MEDIA WORKERS
of slavery and forced labour; Article 19 relating to SHORTCOMINGS, AND DEFICIENCIES IN THE regulations relating to the business of social/
freedom of speech; Article 37(e) relating to promotion digital media platform so thatrights of employees ● There is a lack of understanding and awareness
of social justice; and Article 38(a) relating to social and LEGAL FRAMEWORK RELATING TO LABOUR associated with that platform may be safeguarded. among majority of workers of print, electronic and
economic well-being. ● There is a dire need to organize, facilitate and digital media about the application of labour laws
RIGHTS – IN THE WAKE OF ONGOING CRISIS. provide technical resources to workers of the as well as their rights and privileges under the
existing legal framework.
6 DECENT WORK IN PAKISTAN 7
6. JOURNALISTS / WORKERS SAFETY CHAPTER 3: BACKGROUND OF BEFORE 2010, THE FEDERAL GOVERNMENT CHAPTER 4: METHODOLOGY
● In recent time, it has been seen that journalists
have been attacked. Even some of them have lost LABOUR LAWS AFFECTING MEDIA HAD A SUBSTANTIVE ROLE IN LEGISLATION This legal review was conducted through
their lives on duty. However, neither any effective
investigation was conducted nor the prosecution WORKERS IN PAKISTAN ON LABOUR RELATED SUBJECTS.
following methodology:
service was up to the mark. Adequate measures The Constitution of Pakistan, 1973 outlines the Desk Research:
should be adopted to ensure safety of media policy framework for provision of fair and enabling government constituted country’s first Wage Board ● Review and comparison of Pakistan’s labour
workers and journalists. environment for workers and guarantees fundamental on May 30, 1960. laws, impacting media workers, with best
rights of labourers. Under the principles of policy, In 1968, government promulgated the West Pakistan examples and international standards including
7. FORMATION & PERFORMANCE OF ITNE & in Article 37(e), the Constitution obligates upon the
States to make provisions for securing just and human
Industrial and Commercial Employment (Standing
Orders) Ordinance. The Ordinance was applicable to all
relevant ILO Conventions.
● Review of implementation of Wage Awards and
THE WAGE BOARD conditions of work. As a part of the fundamental such Industrial/Commercial Establishment, including role of Implementation Tribunal for Newspaper
rights, through Article 11, the Constitution prohibits newspapers, wherein twenty or more workmen were Employees (ITNE). Under this part, an
● There are serious challenges and issues pertaining slavery and all forms of forced labour in the country. employed. However, the enactment of the Newspaper assessment of implementation of Wage Board
to the formation and performance of, both, the Furthermore, under Article 17(1), it gives right to every Employees (Conditions of Service) Act (NECOSA), Awards – since enactment of the Newspaper
Wage Boards and ITNE. As a result of these citizen to form associations or unions subject to any 1973 was a landmark development for employees of Employees (Conditions of Services) Act,
challenges, these institutions are becoming reasonable restrictions imposed by law in the interest the newspapers in the country. The Act provided a 1973 – was conducted. This also included an
ineffective and redundant. These issues include: of sovereignty or integrity of Pakistan, public order or broad definition of employee, covering almost all evaluation of performance of the ITNE through
◦ Administrative control of the government over morality. For media workers / journalists, in Article employees of a newspaper including editors working appraisal of ‘case disposal rate’ by the tribunal
the Board and ITNE; 19, the Constitution guarantees their right to freedom in the newspapers. This law also contained provisions during past ten years (2010-2020).
● Media owners’ manipulations of the system and of speech and expression, subject to any reasonable relating to termination from employment, provident
process; restriction imposed by law in certain cases. fund, hours of work, leaves, and medical care and Key Informant Interviews:
◦ Delays in implementation of the Awards; Existing legal framework governing workers’ rights includes appointment of Wage Boards to fix employees’ In order to encapsulate overall picture of labour
◦ Weaker implementation and enforceability in Pakistan is quite extensive. The legal framework wages. The Act provided for the constitution of a Wage and industrial landscape in Pakistan and discover
mechanisms; and provides a wide range of laws covering subjects Board and an implementation tribunal as well. impediments to labour rights strengthening
◦ Delay in formation of Board and appointment and matters including: abolition of bonded labour; Before 2010, the Federal Government had a and collective bargaining for media workers,
of the Chairman of ITNE. employment of children; trade unions and worker- substantive role in legislation on labour related Key Informant Interviews (KIIs), using a semi-
employer relationship; wages and compensations; subjects. Apart from a few recently enacted laws in structured questionnaire (structured and open-
8. IMPLEMENTATION CRISIS OF GENERAL working conditions and workers’ welfare; old age
benefits; and employment rights of disable persons.
industrial relations by the provinces, most of the
existing legal framework governing labour market
ended questions for quantitative and qualitative
analysis), of the followings were conducted:
LABOUR LAWS Moreover, special laws are made for working conditions in the country were enacted/promulgated by the ● leaders of journalists’ labor unions/associations
of media workers and newspaper employees.1 federal government. The 18th Amendment changed – five interviews;
● Most of the forums in general labour laws are also The efforts for specialized legislation for media the legislative scheme through abolishing the entire ● media owners (industry expert) – five
either becoming redundant or have already become workers in Pakistan can be traced back to 1950s. The Concurrent Legislative List and devolving a large interviews;
ineffective due to absence of: required financial first-ever attempt for such dedicated legislation for number of legislative subjects, including labour related ● legal (labour law) practitioners – five
support; presiding officers; or human and technical employees of the newspapers was made in 1953 when issues, to the provinces. In May 2021, government interviews;
resource. the Central Legislative Assembly passed a resolution revealed its plan to merge all existing media ● former and existing officials of ITNE and Wage
to meet the demands from a general body of press regulatory laws and proposed a new “Pakistan Media Board – five interviews;
9. PROPOSED PMDA AND MEDIA WORKERS to improve their working/service conditions. In
pursuance of this resolution, a Press Commission
Development Authority.”3
This proposal also included repeal of the Newspaper
● representatives of local and international media
development and civil society groups – five
● In May 2021, government planned to repeal several was set up on September 28, 1954 and was replaced Employees (Conditions of Service) Act, 1973 and interviews.
media-related laws – including the NECOSA, 1973 by another Commission on September 5, 1958. The constitute new media tribunals without any reference
– under the proposed PMDA Ordinance. If this commission was mandated “to examine and make to the formation of Wage Boards in future and These interviews were conducted in the month
proposed Ordinance becomes the law, it will entail recommendations on the rates of pay and working protection of benefits under the NECOSA. The of June 2021.
a deeper look at how to ensure labour rights as conditions of the journalists.”2 stakeholders including journalists, media workers,
enshrined in the NECOSA, 1973. In response to the recommendations of the media houses and civil society and human rights
Commission, the government promulgated the groups strongly rejected the proposal.4 On June 2,
Working Journalists (Conditions of Service) Ordinance, 2021, the government formed a committee consisting
1960. The Ordinance first time defined the working of the Minister of State for Information and Broadcast
conditions of journalists. According to the Ordinance, and three federal government officials to liaise and
Wage Board was mandated to fix the rates of wages discuss this proposal with relevant stakeholders.5
only for working journalists not for all the employees of However, until June 30, 2021, no further development
the newspaper organizations. It also stated that all the was reported in this respect.
working journalists would be given wages according
to the Wage Board decision. Complying with the
provisions of Section 8 of the Ordinance, the
1 https://irada.org.pk/wp-content/uploads/2019/10/Labour-Rights-in-Pakistan-In-the-Framework-of-the-Country-Constitution- 3 https://www.geo.tv/latest/352761-is-the-governments-proposed-media-ordinance-really-media-martial-law
National-Labour-Legislation-and-International-Labour-Standards.pdf 4 https://www.thenews.com.pk/print/843433-stakeholders-reject-pakistan-media-development-authority-ordinance
2 The Gazette of Pakistan, extraordinary, October 25, 2001 5 https://www.dawn.com/news/16271208 DECENT WORK IN PAKISTAN 9
CHAPTER 5: PAKISTAN LABOUR PAKISTAN’S CONSTITUTIONAL AND LEGAL
5.1.2 Slavery, Forced, Bonded & Child Labour In so far as the domain of labour is concerned, the
Declaration of Philadelphia 1944, which is appended to
LAWS IMPACTING MEDIA WORKERS6 FRAMEWORK ON LABOUR ISSUES IS
Article 11 of the Constitution of Islamic Republic of
Pakistan 1973 provides that: -
the ILO Constitution 1919, is a mentionable instrument.
The declaration, which has a binding effect, has laid
Labour Rights are central part of human rights. 1. Slavery is non-existent and prohibited and no down thematic convictions in the following terms:-
Pakistan has ratified several labourers’ related QUITE DETAILED. THIS FRAMEWORK SEEMS law shall permit or facilitate its introduction into a. labour is not a commodity;
International Declarations, Conventions and Convents Pakistan in any form. b. freedom of expression and of association are
to show its commitment towards the labour rights. TO CORRESPOND TO ALMOST ALL ILO 2. All forms of forced labour and traffic in human essential to sustained progress;
In addition to the to the Universal Declaration of beings are prohibited. c. poverty anywhere constitutes a danger to prosperity
Human Rights (UDHR), the International Covenant CONVENTIONS, WHICH PAKISTAN 3. No child below the age of fourteen years shall everywhere; and
on Economic, Social and Cultural Rights (ICESCR)7 be engaged in any factory or mine or any other d. The war against want requires to be carried on
and the International Covenant on Civil and Political HAS SO FAR RATIFIED. hazardous employment. with unrelenting vigour within each nation, and by
Rights (ICCPR)8, Pakistan has ratified all key 4. Nothing in this Article shall be deemed to affect continuous and concerted international effort in
conventions of the International Labour upon the States is to make provisions for securing just compulsory service – which the representatives of workers and employers,
Organization (ILO). 9 and human conditions of work. Article 38(e) & (c) a. by any person undergoing punishment for an enjoying equal status with those of governments,
Pakistan’s constitutional and legal framework on offence against any law; or join with them in free discussion and democratic
labour issues is quite detailed. This framework seems
to correspond to almost all ILO conventions, which
5.1.1 Freedom of Association b. required by any law for public purpose: decision with a view to the promotion of the
common welfare.
Pakistan has so far ratified. Important to mention Article 17(1) of the Constitution of Pakistan Provided that no compulsory service shall be of a cruel
here that all of the constitutional provisions relating provides that every citizen shall have the right to nature or incompatible with human dignity. Industrial Relations Laws enacted at the level of the
to labour issues are applicable to the workers in media form associations or unions subject to any reasonable federation and the provinces are also a response to
industry. Similarly, beside the Newspaper Employees restrictions imposed by law in the interest of Following core ILO conventions, ratified by Pakistan, these commitments. Moreover, other media related law
(Conditions of Service) Act (NECOSA), 1973, most sovereignty or integrity of Pakistan, public order or address these subjects in so far as the labour field is including media registration law and media regulations
of the general labour laws are also applicable to the morality. Pakistan has affirmed its commitment to concerned: - – the Press Council of Pakistan Ordinance, 2002 and
workers in media (print, electronic and international community to ensure without restrictions ● ILO Convention 29: Forced Labour Convention, the Pakistan Electronic Media Regulatory Authority
digital) industry. the right of every citizen of the country to form and 1930, in force since December 23, 1957 Ordinance, 2002 – are also relevant here.
join trade unions or associations, for the protection of ● ILO Convention 105: Abolition of Forced Labour
5.1 Constitutional Framework & International his or her economic and social interests by ratifying
ILO Conventions 87 (Freedom of Association) and 98
Convention, 1957, in force since February 15, 1960
● ILO Convention 138: - Minimum Age Convention,
5.1.4 Promotion of Social Justice
Standards Relating to Media Workers in Pakistan (Collective Bargaining). These are two of the eight core 1973 (No. 138) Minimum age specified: 14 years, in Article 37(e) of the Constitution of Islamic Republic
conventions related to labour standards. Pakistan has force since July, 2006 of Pakistan 1973 says that the State shall make
The constitutional framework of Pakistan provides also ratified ILO Convention 11 to ensure security of ● ILO Convention 182: Worst Forms of Child Labour provisions for securing just and human conditions
several provisions recognizing fundamental right of agriculture workers the same right of association as Convention, 1999, in force since October 11, 2001 of work, ensuring that children and women are not
citizens to freely form association and unions and given to industrial workers.10 employed in vocations unsuited to their age or sex, and
workers right to collective bargaining for the protection Industrial relations laws of the country are the most The existing labour regulatory instruments (until for maternity benefits for women in employment.
and promotion of their interests. These provisions important legitimate legal instruments to translate repealed by the enactment of corresponding laws by Following technical ILO Conventions are ratified by
constitute the foundation of labour rights that goes by the rights of unionisation and collective bargaining provinces) that respond to the subject of the above Pakistan are relevant to this issue:
institutional mechanism as a vehicle to enforce into practice. The 18th Constitutional Amendment Constitutional and ILO Conventions are: - ● C001 - Hours of Work (Industry) Convention, 1919
these rights. in 2010, devolved the matters of industrial relations ● Children (Pledging of Labour) Act, 1933 ● C004 - Night Work (Women) Convention, 1919
The Constitution of Pakistan, in Article 17(1), and trade unions to the provinces. Consequently, all ● The Bonded Labour System (Abolition) Act 1992 ● C006 - Night Work of Young Persons (Industry)
recognizes right to every citizen to form associations or the four provinces enacted Industrial Relations Acts ● The Bonded Labour System (Abolition) Rules, 1995 Convention, 1919
unions subject to any reasonable restrictions imposed (IRAs). Provincial laws so made were followed by the ● The Employment of Children Act, 1991 ● C014 - Weekly Rest (Industry) Convention, 1921
by law in the interest of sovereignty or integrity of enactment of Federal IRA 2012 to regulate industrial ● The Shops and Establishments Ordinance,1969 ● C015 - Minimum Age (Trimmers and Stokers)
Pakistan, public order or morality. Similarly, Article 11 relations, registration of trade unions and their Convention, 1921
of the Constitution prohibits slavery and all forms of federations in the Federal Capital Territories and in the These pieces of laws contain the relevant provisions ● C016 - Medical Examination of Young Persons
forced labour in the country. Furthermore, Article 19 establishments which cover more than one province. regulating and restricting the employment of children (Sea) Convention, 1921 C041 - Night Work (Women)
guarantees right to freedom of speech and expression, and young persons in keeping with objective conditions Convention (Revised), 1934
subject to any reasonable restriction imposed by law in of each of the above labour enactments. ● C045 - Underground Work (Women) Convention,
certain cases. Moreover, in Article 37(e), the obligates 1935
5.1.3 Freedom of Speech ● C059 - Minimum Age (Industry) Convention
(Revised), 1937
Article 19 of the Constitution of Islamic Republic of ● C089 - Night Work (Women) Convention (Revised),
6 This part of the report is primarily based on the research, conducted by IRADA in 2014-15 on labour laws in Pakistan: https:// Pakistan, 1973 states: - 1948
irada.org.pk/wp-content/uploads/2019/10/Labour-Rights-in-Pakistan-In-the-Framework-of-the-Country-Constitution-National-Labour- ● C090 - Night Work of Young Persons (Industry)
Legislation-and-International-Labour-Standards.pdf “Every citizen shall have the right to freedom of speech Convention (Revised), 1948
7 Articles 10(3) and 8(3) of the International Covenant on Civil and Political Rights (ICCPR): https://www.ohchr.org/en/ and expression, and there shall be freedom of the ● C106 - Weekly Rest (Commerce and Offices)
professionalinterest/pages/cescr.aspx press, subject to any reasonable restrictions imposed Convention, 1957
8 Articles 8 and 22 of the International Covenant on Civil and Political Rights (ICCPR): https://www.ohchr.org/en/ by law in the interest of glory of Islam or the integrity,
professionalinterest/pages/ccpr.aspx security or defence of Pakistan or any part thereof, The relevant existing legislative instruments that
9 Pakistan has so far ratified ILO’s 36 conventions (8 fundamental conventions, 2 governance conventions, and 26 technical friendly relations with foreign States, public order, correspond to the subject include:
conventions): https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:103166 decency or morality, or in relation to the contempt of ● Factories Act 1934
10 https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C011 court, commission of or incitement to an offence.” ● Maternity Benefits Ordinance 195810 DECENT WORK IN PAKISTAN 11
● Road Transport Workers Ordinance 1961 5.2 Legal Framework Relating to Print Media Given that the labour issues were devolved through the 18th amendment, all four provinces also
●
●
Provincial Social Security Ordinance 1965
Shops and Establishment Ordinance 1969 Workers in Pakistan enacted their own industrial relation laws. These laws are almost similar to the [federal] Industrial
● Apprenticeship Ordinance 1961 Pakistan’s legal framework relating to labour covers
a variety of thematic areas. These subjects / themes Relation Act of 2012 except that the Acts have no provision for industrial relation commissions.
5.1.5 Promotion of Social and Economic include labour relations, employment conditions,
productivity, occupational safety and health, specify in this behalf; and and commercial establishments, excluding statutory
Well-being of People ergonomic sciences, environmental pollution, scientific (d) by the Pakistan Security Printing Corporation organizations having statutory rules of services,
management, human resource management (HRM) or Security Papers Limited; by an establishment or are covered by the Ordinance. This law prescribes
Article 38(a) of the Constitution of Pakistan 1973 paradigms, personnel management, human rights institution for the treatment or care of sick, infirm, special rules relating to the terms and conditions
provides that [the State shall] “secure the well-being movements, gender issues, labour administration, destitute or mentally unfit persons excluding those of service of persons employed in industrial and
of the people, irrespective of sex, caste, creed or race, wage determination, socio-economic ideologies and run-on commercial bases. commercial establishments employing 20 or more
by raising their standard of living, by preventing the legal precepts and principles, business and workers. It provides for compulsory group insurance,
concentration of wealth and means of production and corporate culture, etc. The law is based on the genesis of ILO Convention wage payments during lay-off, termination gratuity
distribution in the hands of a few to the detriment of For the purpose of simplicity and ease, this 87 (Freedom of Association) and Convention 98 and dismissal and disciplinary procedures. Certain
general interest and by ensuring equitable adjustment framework can be divided into following categories:- (Collective Bargaining). With the legal sanctions provisions apply to industrial establishments which
of rights between employers and employees, and 1. Protective laws such as mines acts, factories acts, of enforceability, it gives right to both workers and employ 50 or more workers whereas all provisions
landlords and tenants.” Similarly, Article 38 (c) of the merchandise shipping laws, laws relating to dock employer to form trade unions, federation of trade apply to commercial establishments employing 20 or
Constitution ordains that [the State shall] “provide labourers, road transport, airways, railways, unions, affiliation with international Federations and more workers.
for all persons employed in the service of Pakistan environmental laws etc. Confederations. It also gives right of registration of Several other labour laws such as the Employees
or otherwise, social security by compulsory social 2. Laws relating to wage determination in terms of trade unions and federations incorporated in Pakistan. Old Age Benefits Act, Social Security Ordinance,
insurance or other means.” minimum, living and fair wage and regulation of Under the law, registered trade unions have the right Workmen Compensation Act, Cost of Living Act, etc.
These subjects are covered also by following ILO their timely payment. to choose representative trade union as Collective have borrowed the definitions from this Ordinance.
Conventions, ratified by Pakistan: 3. Labour welfare, social security, social insurance Bargaining Agent (CBA) with authority to bargain with Therefore, benefits of these law will be available
● C098 - Right to Organise and Collective Bargaining and old age benefits laws the employer. to those workers who fall under the definitions of
Convention, 1949 C100 - Equal Remuneration 4. Laws relating to labour relations Apart from system of collective bargaining and Industrial and Commercial Employment (Standing
Convention, 1951 social dialogue, this Act has also explains how workers Orders) Ordinance, 1968.
● C111 - Discrimination (Employment and Each of the above areas individually and collectively can exercise the right to seek remedy for redress of
Occupation) Convention, 1958 C018 - Workmen's aims to improve upon the condition of life and work individual grievance and challenge threat to jobs and
Compensation (Occupational Diseases) Convention, of labourers with positive dividends to employer, employment career, etc. The main emphasis of the Act
SHOPS & ESTABLISHMENTS LAWS
1925 entrepreneur, industry and economy. Important to is the protection of right to trade unionism. However, These laws cover the industrial establishments
● C019 - Equality of Treatment (Accident mention that most of the law, except Mines Acts, the language of the law is non-inclusive for women situated within corporations, municipal or town
Compensation) Convention, 1925 Merchandise Shipping laws, Laws relating to dock workers as the law uses ‘workman’ for both male and committees and employing less than ten workers.
● C118 - Equality of Treatment (Social Security) labourers, road transport, airways, railways, relating female workers. Other than representation of women These laws prescribe rules and restrictive conditions in
Convention, 1962 to labour, etc., are applicable to the media – print and in the executive of a trade union where women are also respect of employments of children and young persons,
● C159 - Vocational Rehabilitation and Employment electronic – workers in the country. employed, there is no mentioning of women employers hours of work, leave benefits, regulation of payment of
(Disabled Persons) Convention, 1983 A few of the labour enactments that are prominent / workers in the law. Moreover, constitution of NIRC wages, termination notice and closing hours. The West
and relevant to the media workers are briefly does not have any reference to the representation of Pakistan Shops and Establishments Ordinance 1969 is
The existing Labour Laws that respond in this regard described below: - ‘women employers or workers’ in the Commission. applicable to Balochistan and Federal Capital Territory.
can be cited as follows: - Khyber Pakhtunkhwa and Sindh have enacted their
● The Fatal Accidents Act 1855 own laws after 2010. Punjab has adopted the old law
● The Employers Liability Act 1938
[FEDERAL] INDUSTRIAL RELATIONS ACT 2012 PROVINCIAL INDUSTRIAL RELATION LAWS after some amendments. The Khyber Pakhtunkhwa
● The Workman Compensation Act 1923 This Act is concerned with the formation of trade Given that the labour issues were devolved through Shop and Establishment Act, 2015 (section 36)
● The Payment of Wages Act 1936 unions and improvement of relations between the 18th amendment, all four provinces also enacted provides for protection against discrimination and
● The Minimum Wages Ordinance 1961 employers and workmen within the Islamabad Capital their own industrial relation laws. These laws are Special Provisions with regard to women workers.
● The Provincial Social Security Ordinance 1965 Territory and trans-provincial establishments and almost similar to the [federal] Industrial Relation The Punjab Shops and Establishments Ordinance,
● The Companies Profits (Workers Participation) Act industry. The Act provides for establishment of the Act of 2012 except that the Acts have no provision 1969 (section 10A) provides for daycare facility in the
1968 National Industrial Relation Commission (NIRC). The for industrial relation commissions. The power for establishment where twenty or more than twenty
● The Industrial and Commercial Establishment Act is applicable to all persons of the establishments adjudication of the issues and redress of individual women are employed.
(Standing Orders) Ordinance, 1968 and industry except the followings: grievance, in these laws, rests with the provincial
● The Minimum Wages for Unskilled Workers (a) in the Police or any services or installations labour courts. Moreover, the decisions / determination
Ordinance 1969 exclusively connected with the Armed Forces of of the labour courts lies with the provincial labour
PAYMENT OF WAGES ACT 1936
● The Workers Welfare Fund Ordinance 1971 Pakistan including an Ordnance Factory maintained appellate tribunals. This Act is applicable to the payment of wages
● The Workers Children Education Ordinance 1972 by the Federal Government; to persons employed in any factory, industrial
● The Employees Cost of Living (Relief) Act 1973 (b) in the administration of state other than those establishment or commercial establishment. It
● The Newspaper Employees (Conditions of Service) employed as workmen; INDUSTRIAL & COMMERCIAL EMPLOYMENT (S.O.) prescribes different pay periods depending on number
Act (NECOSA), 1973 (c) as a member of the Security Staff of the Pakistan of workers employed. Rules relating to the payment
● The Employees Old Age Benefits Act 1976 Airlines Corporation or drawing wages in pay group
ORDINANCE 1968 of wages at the time of termination of employment
● The Disabled Persons (Employment and not lower than Group V in the establishment of that The Industrial and Commercial Employment have also been prescribed. Authority under this law is
Rehabilitation) Ordinance, 1981 Corporation as the Federal Government may, in (Standing Orders) Ordinance, 1968 is the basic law that appointed to hear cases of delay in payment of wages or
the public interest or in the interest of security of prescribed conditions of the employment of workmen unauthorized deductions from wages.
the Airlines, by notification in the official Gazette, and other incidental matters. The entire industrial12 DECENT WORK IN PAKISTAN 13
MINIMUM WAGES ORDINANCE 1961 WORKERS WELFARE ORDINANCE 1971 protection against facilities, ventilation, lighting, dust the Authority to take decision afresh in this case. The
and fume control, fire precautions, cleanliness and Court further held that:
This law deal with determination of minimum wages. This Ordinance has been enacted to provide for the maintenance. There are other general provisions in the
According this Ordinance, minimum wages are to be establishment of a Workers Welfare Fund. The purpose law relating to: “Newspaper establishment falls within the definition
fixed industry wise fixed periodically. The law requires of this fund is to provide residential accommodation - medical examination in certain cases; of a factory given in S.2(ia) of Payment of Wages Act,
the provincial governments to review the minimum and other facilities for workers and for connected - appointment of a welfare officer where 500 or 1936, by reference to S.2(i) of Factories Act, 1934-
wages on the recommendation of the Provincial matters. Apart from providing for industrial housing, more workers are employed; and -- Printing of newspaper involves manufacturing
Minimum Wages Boards. The Ordinance also the WWF has tailored the needs of workers for - the establishment of a canteen where 250 or process whereby newsprint is converted into
prescribes procedure for the determination minimum marriage grants of their children, death grants and more workers are employed and rest sheds in the newspaper---Even if it is assumed that newspaper
wages and recommendations therefore by the technical and post matriculation education of case of 150 or more workers are employed. establishment is not a factory, even then it is a
Wage Boards. workers’ children. commercial establishment to which provisions of
The Act also covers hours of work, rest intervals and Payment of Wages Act, 1936, are equally applicable
MINIMUM WAGES FOR UNSKILLED WORKERS EMPLOYEES OLD AGE BENEFITS ACT 1976 weekly and annual holidays. Section 21(1)(b) of the in view of S.1(4) of Payment of Wages Act, 1936,
Act requires separate enclosed latrines and urinals for after its amendment in year, 2001---Newspaper
ORDINANCE 1969 The law introduces employees’ old age benefits male and female workers. A number of Rules made establishment is subject to provisions of Payment of
This special law deals with the minimum wages schemes and provides for the establishment of the under the Act prescribe special precautions in respect Wages Act, 1936.”
of unskilled workers employed in industrial and Employees Old Age Benefits Institution (EOBI) to of the administration of the Act including, for example,
commercial establishments. Prior to the 18th administer the benefit scheme. EOBI manages benefit provisions for Fair Price Shop. In another case – Messrs Emmay Zed Publication
Constitutional Amendment, Federal Government
had the prerogative to determine minimum wages.
schemes for the persons employed in industrial,
commercial and other organizations. Presently, it
5.2.1 General Labour Laws and Media Workers (Pvt.) LTD. versus Abdul Rahman Baloch - 2005 PLC
344) – service of Mr Abdul Rahman Baloch, who
However, the subject now has been devolved to the provides following benefits to persons registered with All these general labour laws are applicable to all was working as sub-editor with the Daily Business
provincial government; therefore, now provincial EOBI or their survivors: workplaces, which fall in the definition of ‘industrial Recorder, was terminated on May 23, 1996. As per the
governments determine the scale of minimum wages. ● Old Age Pension on attaining superannuation. and commercial establishments’ under the Industrial facts of the case, Mr Baloch challenged the termination
● Invalidity Pension on sustaining invalidity affecting and Commercial Employment (S.O.) Ordinance 1968. order before Labour Court through Grievance
insured person’s earning more than one third of This definition includes ‘newspapers establishments’ as Application but the same was dismissed. His appeal
ROAD TRANSPORT WORKERS ORDINANCE 1961 normal. the Labour Appellate Tribunal of Sindh province – in against that dismissal was, however, accepted by the
This law applies to all persons engaged on mobile ● Survivors’ Pension to the following in case of death Messrs Daily Mashriq versus Nafees Ahmed Bazmi learned Sindh Labour Appellate Tribunal.
duty. This includes drivers, cleaners, conductors and of insured person/pensioner: (1992 PLC 314) – has determined so. The newspaper challenged the said order before
checkers employed by a road transport service. The ◦ Surviving Spouse till life; In this case, Daily Mashriq terminated service of Hight Court of Sindh through Writ petition which was
Ordinance prescribes age limits for employees, hours ◦ Surviving Children till 18 years of age; Mr Bazmi, who was working as calligrapher in the dismissed on January 5, 1998. The matter was further
of work, rest intervals, and leave benefits. Drivers ◦ Surviving un-married female child till newspaper and attained status of permanent employee, agitated before the Hon'ble Supreme Court through
must be at least 21 years of age. It also provides for marriage; without any notice. Mr Bazmi approached the Labour civil appeal which dismissed it by order on December 5,
group insurance in certain cases, rules relating to ◦ Surviving disabled child till life; Court which set aside his termination. Messrs Daily 2000. Later, he was reinstated as result of dismissal of
termination of employment and requires terms and ◦ Surviving parents for 5 years, if an insured Mashriq filed an appeal at the Labour Appellate the appeal filed by the newspaper.
conditions of employment to be laid down in writing. persons / pensioner not survived by spouse or Tribunal, Sindh. The Tribunal dismissed the appeal However, just two days thereafter, his received
children; and and held that: another termination letter. This way the respondent
◦ Old Age Grant not meeting the benchmark for was pushed into second round of the litigation. He once
WORKMEN COMPENSATION ACT 1923 old age pension “Employees, who were employees of Newspaper again approached the Labour Court which declared
This law falls in the company of social insurance industry, were to be governed by provisions termination order illegal and malicious. The Labour
and provides for payment of compensation for The functions of the broad of the EOBI include: - of Standing Orders Ordinance, VI of 1968 and Court also directed the reinstatement of the respondent
certain classes of persons for injury arising out of ● Registration of Employers and Employees according to S. 17 of Act LVIII of 1973.” within one month.
and during the course of employment. Under the law, ● Collection of Contribution The newspaper challenged this order in the High
Commissioner Workmen Compensation is appointed to ● Disbursement of Pension / Grant Similarly, in another case, an employee of Daily Court of Sindh. In this case, the High Court of Sindh
hear and decide claims of compensation. ● Investment and Fund Management Post filed an application with the ‘Authority under the and the Supreme Court acknowledged the jurisdiction
Payment of Wages Act, 1936’. The Applicant claimed of Labour Court and Labour Appellate Tribunal for the
PROVINCIAL SOCIAL SECURITY ORDINANCE 1965 Age for entitlement of old age pension / grant, for an amount of Rs. 347578 on account of arrears of pay cases [of termination] newspapers employees including
other than those employed in the mines, is 60 years. In from 5-6-2005 to 30-11-2007, three months' notice pay journalists. The Court, while recognizing application of
This Ordinance introduces a scheme of social case of women and insured persons employed in mines, and five months' pay as gratuity. The claimant asserted general labour laws on newspaper employees, held that:
security for providing benefits to certain employees the retirement age has been reduced by five years. that he was an employee of the said newspaper from
and/or their dependents in the event of sickness, According to the law, amount of minimum pension is June, 2005 till 25-5-2009 when his services were “[The] termination of the respondent was malicious
maternity, employment, injury or death and for fixed at Rs. 3,600/- per month. Old Age grant is paid terminated with immediate effect. and outrageous. The ,order passed by the learned
connected matters. The Provincial Employees in lump sum. This amount is equal to one month’s The Authority, through its ex-parte order, allowed Labour Court declaring the termination as
Social Security Institutions (PESSIs) is established average monthly covered wages of the insured persons the claim of the employee and directed the newspaper malicious does not call for interference and the
in the province by the Provincial Governments to for every completed year of insurable employment if he to deposit Rs.90,000 as his three months' notice appeal is liable to be dismissed.”
run this scheme. Apart from running the Scheme / she do not meet the benchmark for pension. pay and his gratuity for five years amounting to
for other benefits, the PESSIs have set up hospitals
and dispensaries in the provinces for treatment of FACTORIES ACT 1934
Rs.150,000. The newspaper filed appeal against this
order before Lahore High Court. The Court – in Zia
5.2.2 The Newspapers Employees (Conditions of
employees. Shahid and Others versus Authority under Payment Service) Act (NECOSA), 1973
This Act applies to premises where any of Wages Act etc., (2011 PLC 300) – acknowledged the
manufacturing process is carried out and in which ten jurisdiction of the ‘Authority under the Payment of This Act came into force with the assent of the
or more workers are employed. The Act prescribes the Wages Act, 1936’. President of Pakistan on August 11, 1973. It repealed
measures to be taken in respect of workers' safety and Though the appeal was allowed, the Court directed and re-enacted the Working Journalists (Conditions of14 DECENT WORK IN PAKISTAN 15
Service) Ordinance, 1960 with certain modifications Implementation Tribunal for Newspaper establishment, subscribe to the Provident Fund.
and alterations. It has been enacted with the
Employees (ITNE) Employee and establishment are liable to equally BACK IN 2002, THERE WERE MERELY 3,000
objectives to: contribute to the fund a sum not less than 6 1 ⁄4 per cent
● constitute a Wage Board for fixing wage rates for The Act requires the Federal Government to and not more than 10 per cent of his monthly wages. WORKING JOURNALISTS AND APPROXIMATELY
the journalists as well as non-journalist newspaper constitute a Tribunal – the Implementation Tribunal Under the Act, a newspaper establishment is deemed to
employees; for Newspaper Employees (ITNE) - consisting of one or be a public institution for the purposes of the Provident 25,000 MEDIA WORKERS IN PAKISTAN. BY 2018,
● provide for mechanism for implementation of the more members to implement the decision of the Wage Funds Act, 1925 (XIX of 1925).
decision of the Wage Board; Board. The Chairman of the Tribunal is required to be THE NUMBER OF WORKING JOURNALISTS
● provide for the application of the Industrial
Relations Ordinance 1969;
a person who has been, or is, qualified to be, a Judge
of a High Court. Under the law, Federal Government
Working Hours: ROSE TO 18,000 AND NUMBER OF MEDIA
● provide for the application of the Industrial and has the authority to determine qualification of other The law requires that no newspaper employee shall
Commercial Employment (Standing Orders) members – if any – of the Tribunal. The Tribunal has be required to work in any newspaper establishment WORKERS REACHED TO 250,000.
Ordinance 1968 to newspaper employees and the power: for more than forty-two hours in a week, exclusive of
newspaper establishments; and a. to try an offence punishable under section 55 the time for meals. Working hours of the employees are and female workers. Other than representation
● provide for security of service, hours of work and of the Industrial Relation Ordinance, 1969 subject to the Factories Act, 1934 (XXV of 1934) and of women in the executive of a trade union where
medical care. Ordinance, if the offence relates to failure to related rules. women are also employed, there is no mentioning
implement any decision of the Board; of women employers / workers in these laws.
The NECOSA provides a broad definition of
employee, covering almost all employees including
b. to withdraw from any court (except the
Supreme Court or a High Court) any application,
Leave entitlement: Moreover, constitution of NIRC does not have
any reference to the representation of ‘women
editors working in the newspapers. This law also proceeding or appeal relating to such an offence ● Act provides following leave entitlements for the employers or workers’ in the Commission. The
contained provisions relating to appointment and dispose of it; and employees laws are silent on the inclusion and representation
and termination of employment, social security, c. refer any such application, proceeding or appeal ● Sick / medical leave: Newspaper employee is of other marginalized groups such as religious
provident fund, working hours, leaves, and medical to any such competent court for disposal. entitled for leave on submission of medical minorities, etc.
care. As mentioned above, NECOSA provides for the certificate on one-half of the wages, for not less ● Distinction between formal and informal
constitution of a Wage Board and an The law also provides that the Tribunal shall follow than one–eighteenth of the period of service labour force / workers: These laws mainly deal
implementation tribunal. the same procedure and exercise the same powers subject to a minimum period of ten days in a with the formal workplaces and establishments.
for the trial of an offence as the NIRC follows and calendar year. Except Sindh, no other province has so far enacted
Wage Board: exercises for the trial of an offence. ●
●
Casual leave: Fifteen days per year.
Annual / earned leave: Newspaper employee is
any law for rights of home-based workers. This
particularly relevant to those online / digital
Section 9 of the Act provides for the constitution
of the Wage Board. According to the law, federal
Appointments, Promotions and Terminations: entitled for earned leave on full wages, for not less
than one-eleventh of the period spent on duty. ●
workers who operate from their homes.
Recognition of freelancers: Since most
government has the authority to constitute the Wage The Act requires the newspaper establishment to of these laws are related to formal workplaces
Board consist of a Chairman, who shall be a person
who has been or is qualified to be a Judge of a High
furnish the terms and conditions of the service to the
employees at the time of their employment, transfer
Medical Care: and establishments, there is no recognition of
freelancers and independent contributors. This is
Court, and as many members to advise the Chairman or promotion. According to the Act, the services of A newspaper employee shall be entitled, together particularly relevant to the media industry where
as may be appointed by the Federal Government. employee shall not be terminated without good cause, with his dependants, to medical care at the cost of the many writers, freelancers and reporters work
However, one half of the members of the Board are through a written notice of such termination. It also newspaper establishment in, or in relation to, which he independently and contribute to the news through
required to be the persons representing the newspaper provides the notice period or amount in lieu of notice. is employed. As per the law, medical care includes: their write ups.
employees and the other half representing the The criterion is as follows: (a) treatment by a medical practitioner registered ● Implementation crisis: Most of the forums in
employers in relation to newspaper establishments. under the Medical Council Ordinance 1962(XXXII these laws are either redundant or have become
of 1962), both at the clinic of such practitioner and at ineffective due to absence of
Total period of the residence of the newspaper employee; ◦ required financial support;
Fixing the Wages: continuous service Notice period (b) treatment by specialists in hospitals and by such ◦ presiding officers; or
specialists as may be available outside hospitals; ◦ human and technical resource.
The Board is required to give its decision within a Three months to two years One month (c) essential pharmaceutical supplies as prescribed by
period of one hundred and eighty days from the day
of its constitution. In fixing rates of wages in respect Two years to three years Two months
a medical practitioner under clause (a) by a specialist
under clause (b); and
5.2.4 Electronic and Digital Media Workers’
of newspaper employees, the Board may take into (d) hospitalization, where necessary Rights in Pakistan
consideration the cost of living, the prevalent rates of Three years or upwards Three months
wages of comparable employments, the circumstances
relating to the newspaper industry in different regions
5.2.3 Shortcomings in the Existing Legal Framework During past 20 years, media market in Pakistan
has seen exponential changes. At the beginning of the
of the country, and any other circumstances, which Provident Fund: While on papers, all these laws look quite promising. new millennium, there was only the newspaper (print
to the Board may seem relevant. The Board may fix The text in most of statute books also seem to comply media) industry alongside the state-run television
rates of wages for timework and for piecework. The Every newspaper establishment is under obligation with the requirements of international conventions and and radio (electronic media) in the country. Since
decision of the Board fixing rates of wages shall be to constitute a provident fund for the benefit of its standards. However, there are a few shortcomings in 2002, there has been a massive growth in the sector
communicated as soon as practicable to the employees. The law requires that the provident fund these laws which need to be addressed. due to opening of electronic media licencing for the
Federal Government. shall be held and administered by a Board of Trustees ● Inclusion of gender and marginalized commercial sector. This resulted in massive increase
The law requires publication of the decision of the consisting of an equal to number of representatives of groups: The language of most of these laws in human resource in the media landscape of the
Board within a period of one month from the date of the newspaper establishment constituting the Fund including the Industrial Relations Act is non- country as well. Back in 2002, there were merely 3,000
its receipt by the Federal Government. A decision of and of the newspaper employees employed in it. Every inclusive for women workers and employers. For working journalists and approximately 25,000 media
the Board so published is deemed to be an award of the newspaper employee shall, after the completion of examples these laws use ‘workman’ for both male workers in Pakistan. By 2018, the number of working
Full Bench of the National Industrial Commission. the first two years of his service with any newspaper journalists rose to 18,000 and number of mediaYou can also read
