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Transcript of EnvironmentalProtection agency
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Environmental Protection Laws
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Environmental
Protection andIndustrial Policy
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Pakistan Environmental
Protection Act, 1997Pakistan Environmental Protection Act,
1997 is an Act to provide for theprotection, conservation, rehabilitation
and improvement of the
ENVIRONMENT, for the prevention andcontrol of POLLUTION, and promotion
of SUSTAINABLE DEVELOPMENT
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Regulatory Actions should
be taken whenever there
is Substantial Hazard toHuman Life, or
Health, orEnvironment
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NON-COMPLIANCE MAY
RESULT IN . Financial Penalties
Clean-up Costs
Compensation Costs
Loss of Licenses
Restriction of Activities
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POLLUTION CONTROL
The four basic provisions relating to pollution control are
contained in sections 11,13, 14 and 15.
Section 11 prohibits discharge or emission of any
effluent or waste or air pollutant or noise in excess of the
NEQS, or the established ambient standards for air,
water or land;
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Major Functions of Pak-EPA
To Administer And Implement the Pakistan
Environmental Protection Act, 1997;
To Take All Necessary Measures for Implementation
of National Environmental Policies Approved by The
Council;
To Prepare, Revise and Establish the National
Environmental Quality Standards with the Approval
of Pakistan Environmental Protection Council
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PROJECTS/PROGRAMME
Self-monitoring and Reporting Programme
(SMART)
Vehicular Emission Testing Services (VETS)
Activity Based Capacity Development
Programme for All EPAs (ABCD)
Management of Hazardous Substances AndWastes
Introduction of Cleaner Production Techniques
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COSTS OF ENVIRONMENTAL
DAMAGE
Annual Damage
Inadequate Water Supply, Sanitation & Hygiene 112 Billion
Agricultural Soil Degradation 70 Billion
Indoor Pollution 67 Billion
Urban Air Pollution 60 BillionCost of Lead Exposure 45 Billion
Rangeland Degradation & Deforestation 7 Billion
Total 249 Billion
Source:Pakistan Strategic country Environmental AssessmentReport by World Bank, 2006.
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Linkage of Environment with
Economy Compliance of NEQS is Important for
Export Oriented Industrialization
Right Mix of Economic, Social and
Environmental Policies can Promote
Sustainable Development
Poor Environment Affects Tourism
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IndustrialEnvironmentalImpacts are
affecting
all spheres
of life:
Air
Soil
Biodiversity
Water
Marine &
Ground
Water
Climate
Change
provide affordable products with
minimal environmental degradation
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IMPEDIMENT
end-of-pipe
treatment
lack of policyassigning priority
to pollution
prevention
scenarios
lack ofintegration
betweenEnvironment
MinistryPolicies
andimplementation
lack of
awarenessin industry and
financialinstitutions
of importanceof pollution prevention
inprofitability
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Cleaner Production reduces risk
to people & environment; whileimproving economics
fromend-of-pipetreatment
topollution
prevention
operatingpractices
Inputmaterialchanges
Technologychanges
ProductChanges
Recycling
NEQS E f t
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NEQS EnforcementTwo 2-Pronged Approach
Non-Compliance
of NEQS
Testing of Samples
Non-Compliance
of NEQS
Self Monitoring
And ReportingEPA Monitoring
Analysis of Report
Compliance
of NEQS
Compliance
of NEQS
Env. Improvement
Plan 25/75
Penalty
Appeal in Tribunal
Action
by Industry
Not Accepted
Certification of
Green Industry
Env. Protection
Order
NO Action Accepted
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SMART
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WHAT IS SELF MONITORING
& REPORTING SYSTEM? Self Monitoring & Reporting System for Industries
is the result of a consultative process that extended
over several years in which the
government,industry and other stakeholders
participated to develop an environment monitoring
framework
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Recommendations of Lakha Committee
Lakha Committee held several meetings with industry
and came up with a set of recommendations that
included:
Reduction in customs duty on import of anti-pollution equipment
Rationalization of NEQS
Introduction of Self Monitoring and ReportingSystem for industry and levy of pollution charge
Other incentives like soft loan, accelerated
depreciation, expenditure on pollution control to
deducted from income tax
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WHAT IS SELF MONITORING
& REPORTING SYSTEM?
By introducing this system, the government is
placing a high level of trust in the industry to
examine and evaluate environmental
performance on its own and to make the
information on environmental parameters
available to the EPAs
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Improve flexibility of Command & Control
ProvideMarketBasedSolutions
Focus onVoluntaryApproaches
The New Model:The New Model:POLICY MIX APPROACHPOLICY MIX APPROACH
SMART
UNDER SELF MONITORING
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UNDER SELF MONITORING
CLASSIFICATION OF INDUSTRIAL UNITS
For Liquid
Effluent
Category Reporting
Period
Priority
Parameters
A
(Most
Hazardous)
Monthly
Basis
Effluent flow,
Temperature, PH
,TSS,(Schedule III,
Table A)
B
(Moderately
Hazardous)
Quarterly
Basis
(Schedule IV,
Table A)
C
(Least
Hazardous)
Biannual
Basis
(Schedule V)
CATEGORIZATION OF INDUSTRY
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CATEGORIZATION OF INDUSTRY
(LIQUID EFFLUENTS) Category A: Monthly
21 Sectors/Sub-sectors: Metal finishing and
electroplating, Fertilizers, Pulp & Paper, Pesticide
formulation, Leather tanning, etc.
Category B: Quarterly
13 Sectors: Glass manufacturing, Sugar, Detergent,
Oil & Gas explorations, etc.
Category C: Biannually
Pharmaceutical (formulation), Marble crushing,
Cement
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CATEGORIZATION OF INDUSTRY
(GASEOUS EMISSIONS)
Category A: Monthly
11 Sectors: Cement, Iron & Steel, Nitrogenous
Fertilizers, Petroleum Refining, Pulp & Paper,
Thermal Power Plants etc.
Category B: Quarterly
7 Sectors: Sugar, Textile, Metal Finishing &
Electroplating etc.
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Industry Software and a
ManualAfter Registration FederalEPA will issue a manual
User Instruction Code
and a software CD.
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GREEN INDUSTRY
PROGRAMME
It is a support program for the implementation of SMART
that promotes not only Self Monitoring but also compliance
with NEQS
Incentive Based Regulation System, which uses bothcarrots and sticks to improve environmental performance
Seeks to foster a pollution prevention ethic by encouraging
industries to enter into agreements for reducing their
environmental releases by setting targets
Agreements would lead to the preparation and
implementation of the Environment Improvement Plans for
individual or cluster of industries
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Establishment Of Cleaner Production Center :
Ministry has encouraged establishment of
three cleaner production centers (Rawalpindi,
Lahore and Sialkot) to promote adoption of ISO14000 and help improve environmental
performance of the industry. These centers
provides technical advice to industrial sector incompliance with the National Environmental
Quality Standards.
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Establishment of Combined
Industrial Effluent Treatment Plants Ministry of Industries, Production and Special Initiatives
is facilitating the establishment of Combined Effluent
Treatment Plant in different cities. Two combined effluent treatment plants (CEPTs) for
tanning sector have already been established in Kasur andKarachi whereas the proposal for Sialkot is also
approved. Now to cater the Environmental Problems Establishment
of CETP,s is considered a part of planning of newindustrial Estates like SUNDER Lahore and another in
Faislabad & Karachi.
AMENDMENTS IN LABOUR LAWS
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PREVIOUSLY
1- The Act applied to wages payable upto a certain limit for a wage
period, usually a month.
2- The words used in the Act were persons employed and
not workmen or employees. It means that the Act was
applicable to all employees and workmen drawing wages not
above the prescribed limit.
3- The Act applied only to the persons employed in factories or inrailways whether directly or through a contractor.
PRESENTLY
1- The Act now applies to every industrial and commercial
establishment including a factory and Bank.
2- The same words namely, persons employed and not workmen
or employees are still used in the Act.
3- The limit of wages as a criterion for the application of the Act
has been abolished. It means that the Act is now applicable to
all persons employed in the industrial and commercialestablishments irrespective of the wage limit.
THE WORKMENS COMPENSATION ACT 1923
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THE WORKMEN S COMPENSATION ACT, 1923
Previously the Act applied to all workmen employed in any capacity as
specified in schedule II of the Act and drawing wages not exceeding a
certain limit. It did not, however, apply to those employed on casual basis oremployed otherwise than for the purpose of the employers trade or
business.
Since casual workman has been deleted from the classification of workmen
as given in Standing Order I of the W.P. Standing Orders Ordinance, 1968,the Act will now apply to all workmen employed in any capacity as specified
in Schedule II except those employed otherwise than for the trade or
business of the employer.
The Act uses the word workman but at the same time lays emphasis onemployment in any such capacity as specified in schedule II.
The condition of wage limit has also been deleted. Hence every workman
employed in any specified capacity irrespective of wage limit will now be
entitled to the prescribed rate of compensation in the event of death or total
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W.P. STANDING ORDERS ORDINANCE, 1968
No gratuity shall be payable for the period where contribution
has been made to an approved pension fund as defined in theIncome Tax Ordinance, 2001 and the employerscontributionis not less the 50% of the limit prescribed in the aforesaidOrdinance with the workmen also contributing the remainingamount.
Gratuity is already not payable for the period of existence ofprovident fund to which the employerscontribution is not lessthat the workmanscontribution.
There is, however, no bar if provision is made for gratuity inaddition to the provident fund in the employersown rules or isso provided under a settlement arrived at with the CBA.
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COMPANIES PROFITS (WORKERS PARTICIPATION),
ACT, 1968
Previous definition of worker : Worker inrelation to a company means an employee of the
company who falls within the definition of worker asdefined in the IRO, 2002 and is in the employment of the
company for not less than six months.
Present definition: Worker in relation to acompany means an employee of the company including
employed by or through a contractor working for or in the
company for a period of not less than six months.
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COMPANIES PROFITS (WORKERS PARTICIPATION) ACT, 1968
(AS AMENDED)
Paragraph4 : Disbursement of benefits:The share of a worker in annual allocation to the fund shall be
expressed in units or factions of units (worked out to two places of decimal) of the face value of rupeesten determined in the following manner, namely:-
(a) The number of available units shall be so divided in three parts for the three categories of workers
mentioned below that a worker in the first of those categories gets four units for each two units that a
worker in the second of these categories gets or for each one unit that a worker in the last of these
categories gets:-
CATEGORIES
1- Workers drawing average monthly wages not exceeding
Rs. 7,500.00
2- Workers drawing average monthly wages exceedingRs. 7500.00 but not exceeding Rs. 15,000.00
3- Workers drawing average monthly wages exceeding
Rs. 15,000.00.
4- Not with standing anything contained in the scheme, no worker shall, in any one year, be entitled out of
the annual allocation to units exceeding the amount of four times of the minimum wages for unskilled
workers 4600 x 4 = 18,400 .
EMPLOYEES OLD-AGE BENEFITS ACT 1976
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EMPLOYEES OLD-AGE BENEFITS, ACT, 1976
(AS AMENDED)
1- The number of persons for the application of the Act shall betwenty instead of ten for industries or establishments set up
after July, 1, 2006.
2- Surviving spouse entitled to pension on the same basis as isbeing used for the calculation of old-age pension instead of
minimum pension with effect from 1-7-2007.
3- Both old-age and invalidity pension to be calculated on thebasis of last monthswages effective 1-7-2007.
4- Minimum pension raised from Rs. 1300/- to Rs. 1500/- p.m.
Monthly rate of pension, other than minimum pension, alreadyallowed raised b 15% effective 1-7-2007.
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PERIOD OF WORK: It includes the normal work hours, overtime hours and rest
intervals (section 3% of Factories Act, 1934).
WORK HOURS :It means the normal work hours excluding the rest interval.
OVERTIME : It means the hours over and above the normal work hours including the
rest intervals.
HOLIDAYS:Weekly holidays, annual holidays, compensatory holidays, festival holidays.
LEAVES :Casual leave, sick leave, short leave, special leave with or without pay.
RELAY/SHIFT:When work of the same kind is carried by two or more sets of workers
working during different periods of the day, each of such sets in called a relay, and the
period or periods for which it works is called shift.
THE FACTORIES ACT, 1934
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WORK HOURSNON CONTINUOUS PROCESS
WEEKLY WORK-HOURS:
No adult worker shall be allowed or required to work in a factory for more than forty eight
hours in any week, or where the factory is a seasonal one, for more than fifty hoursin any week;
Provided that an adult worker in a factory engaged on work which for technical reasonsmust be continuous throughout the day may work for fifty six hours in any week.
DAILY WORK-HOURS:No adult worker shall be allowed or required to work in a factory for more than nine
hours in any day; provided that a male seasonal worker in a seasonal factory maywork ten hours a day.
INTERVALS FOR REST:
a) One hour after six hours working
or
b) Half an hour after five hours working.
and
c) At least two intervals of half an hours each before a worker is required to work for
more than eight and a half hours.
WORK HOURSFACTORIES
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(CONTINUOUS PROCESS)
1. Ordinarily eight hours shift.
2. When shifts are changed no shift may be employed for more than 16 hours in one day, that is,two periods of-8 hours each with an interval of 8 hours.
3. The persons who have worked double time shall at next change of shift have a holiday of 24
consecutive hours.
4. No worker shall be employed for more than 14 consecutive days without a compensatory restperiod of 24 consecutive hrs.
5. The system of shift should be approved by the chief inspector of factories or the inspector so
authorised.
6. The average weekly hours of work per week in any period of three weeks shall not exceed 56.
7. Maximum overtime 12 hours in a week.
8. Week means a period of seven days beginning at mid-night of Sunday.
9. Day means a period of 24 hours beginning at mid-night.
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FACTORY ACT, 1934
(AS AMENDED)
Spread over:The period of work of an adult worker in a factory shall be so arranged thatalong with his intervals for rest under section 37, they shall not spread over more than
twelve hours in any day, save with the permission of the Provincial Government and subject
to such conditions as it may impose, either generally or in the case of any particular factory.
Women Workers:The provisions of chapter IV shall also apply to women workers subject
to the following conditions:
(a) No exemption from the provisions of section 36 (daily) work
hours) may be granted in respect of women workers.
(a) No woman shall be allowed to work in any factory except
between 6 a.m. and 7 a.m.
Provided if the employer arranges for the transport facilities, the women may work upto 10
p.m. in two shifts.
Note:Spread over is applicable only to a non-continuous processsection 43.
FACTORIES ACT, 1934
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,
(AS AMENDED)
Spread over (Section (38)
1- Non continuous process run on the basis of six full days a week:
- Normal working hours : 8 hours per day
- Rest interval : hours after five hours
working
- Overtime : 3 hoursincluding
hours rest interval
on all days
(1962 PLC 1380).- Total period per week : 72 hours
2- Non continuous process run on basis of five and a half days per week:
- Normal working hours : 8 hours on each of the
five full days.
- Rest interval : hours on every day ofthe full five days.
- Overtime : 3 hour including half an
hour rest interval on all
five days.
- Normal work hours : 5 hours on half day.
- Total period per week : 65 hours.
THE FACTORIES AT, 1934
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THE FACTORIES AT, 1934
HOLIDAYS & LEAVES
1- Weekly Holiday: (Non-continuous process).
Sunday or on any day in three days before or after Sunday Notice to the inspector of factoriesnecessary.
2- Weekly Holiday (Continuous Process)
One day in a week depending upon the shift position.
A worker can be required to work for fourteen consecutive days without any weekly holiday if
the circumstances so require. The holiday so missed has to be allowed as compensatory
holiday as soon as the circumstances permit.
NB: Weekly holiday not encashable.
3- Annual leave (All factories)
14 days after completion of one yearsservice-accumulable upto 28 days.
4- Sick leave (all factories)16 days on half average pay in a year
5- Casual leave (all factories)
10 days with pay in a year.
6- Festival holidays (all factories)
As notified by Provincial Govt.
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W.P. SHOPS & ESTABLISHMENTS ORDINANCE, 1969(AS AMENDED)
1- Daily, weekly hours and overtime:
Save as otherwise expressly provided in this Ordinance, no adult employee shall be required
or permitted to work in any establishment in excess of nine hours a day and forty eight hours
a week, and no young person in excess of seven hours a day and forty two hours a week.
Overtime permissible but not more than 624 hours per annum in the case of an adult and
four hundred and sixty eight in the case of a young person in a year.
2- Payment for overtime:
At double the normal rate of wages for every hour.
Provided that no such overtime shall be payable to contract workers in receipt of wages
being calculated on piece rate basis.
3- Spreadover
The period of work of an adult and young person shall be so arranged that inclusive of the
interval for rest or meals under section 7, it shall not spreadover more than twelve hours in
the case of adult and nine hours in the case of young person.
Provided that the total period of work so worked out, in case of an adult worker, shall not
exceed sixty hours and by a young person fifty four hours a week.
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PERMANENT/TEMPORARY/CASUAL WORKMEN.CLASSIFICATION PREVIOUS LAW PRESENT LAW
1. Permanent workman A workman who has been engaged on
permanent basis and has satisfactorilycompleted the probationary period of three
months.
A workman who has been engaged on
work of permanent nature likely to last formore than nine months and has
satisfactorily completed a probationary
period of three months.
2. Temporary workman A workman who has been engaged for
work which is of an essentially temporary
nature likely to be finished within a limited
period.
A workman who has been engaged for
work which is of an essentially temporary
nature likely to be finished within a period
not exceeding nine months.
3. Probationer A workman provisionally employed to fill a
permanent vacancy in a post and has not
completed three months service therein.
Same as before.
4. Casual workman A workman whose employed to fill a
permanent vacancy in a post and has not
completed three months service therein.
Omitted.
5. Badli A workman appointed in the post ofpermanent workman or probationer who is
temporarily absent.
Same-but acquires permanent status ifemployed for continuous period of three
months or more or for 183 days during any
period of 12 consecutive months.
6. Apprentice A learner who is paid an allowance. An apprentice within the meaning of
apprenticeship ordinance, 1962.
7. Contract worker A worker who works on contract basis for a
specific period of remuneration to becalculated on piece rate basis.
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CONTRACT / PIECE RATED WORKER
1. Contract worker in receipt of wages being calculatedon piece rate basis not entitled to overtime payment
under section 9 of the W. P. Shops & Establishments
Ordinance, 1969.
2. On the other hand section 47(3) of the Factories Act,
1934 provides that the Provincial Govt. in
consultation with the industry concerned may fix timerates as nearly as possible equivalent to the average
rate of time rated workers, and the rates so fixed
shall be deemed to be the ordinary rates of those
workers for the purpose of overtime.
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W.P. SHOPS & ESTABLISHMENTS ORDINANCE, 1969
(AS AMENDED)Spreadover in a commercial establishment or office run on the basis of five and a half days a
week:1- Normal working hours on every day on the five full days: 8 hour
2- Rest interval in every full day: 1 hour after six hours working
3- Overtime on every full day: 2 hours
4- Normal working hours on the sixth half day: 5 hours.
Total work hours per week: 11 x 5 + 5 : 60
Three conditions have been observed in the above spreadover.
- One is rest interval after six hours working on every full day
- The other is the spreadover inclusive of rest interval shall not exceed twelve hours in a
day.
- The third is that the total period including the overtime hours
and rest intervals shall not exceed sixty hours in a week.
- The fourth is that rest interval is not included in normal work
hours but included in spreadover and the total period.
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W.P. SHOPS & ESTABLISHMENTS ORDINANCE, 1969
1. (a). Except as otherwise provided in this Ordinance every person employed in anyestablishment shall, in addition to the leave and holidays as may be admissible to him under
sections 14, 15 and 16 be allowed as holiday, one day in each week.
(b) No deduction on account of any holiday allowed under subsection (1) shall be made fromthe wages of any employee of any establishment.
(c) If an employee is employed on daily wages, he shall none the less be paid his daily wagesfor the holiday, and where an employee is paid on piece rate, he shall receive for theholiday the average of the wages received in the week.
(d) The choice of the closed day shall rest with employer who shall intimate such choice to theprescribed authority.
2. Opening and Closing hours:
(a) No establishment shall on any day remain open after 8 p.m.(b) No employee shall be required or permitted to work continuously in any establishment for
more than six hours in the case of an adult and for more than three and a half hours in thecase of a young person, unless he has been allowed an interval for rest or means of notless than one hour.
(c) Except with the permission of the Govt. on woman or young person shall be employed inany establishment otherwise between the hours of 9 a.m. and 7 p.m.
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CONTRACT LABOUR REGULATION AND ABOLITION ACT,
1970
DEFINITION OF CONTRACT LABOUR AND CONTRACTOR
Section 2(B)A workman shall be deemed to be employed as
contract labour in or in connection with the work of an
establishment when he is hired in or in connection with suchwork by or through a contractor.
Section 2 (C) Contractor in relation to an establishment
means a person who undertakes to produce a given result forthe establishment other than a mere supply of goods or articles
or manufactures to such establishment, through contract labour
or who supplies contract labour for any work of the
establishment and includes a sub-contractor.
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IRO, 2002
CONTRACTOR / EMPLOYER
Section 2 (x) (f) Employer in relation to an
establishment includes a contractor orestablishment of a contractor who or which
undertakes to procure the labour or services
of workmen for use by another establishmentfor any purpose whatsoever and for payment
in any form and on any basis whatsoever.
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COMPANIES PROFITS (WORKERS PARTICIPATION), ACT,
1968
The Act applies to every company engaged in an industrial undertaking which satisfies any one of
the following conditions:-
1) The number of workers employed by it at any time during a year is 50 or more.
2) The paid up capital of the company as on the last day of its accounting year is rupees 20lakhs or more. This condition now applies only to companies established before July 1, 2006.
For the companies established thereafter the condition will be 5 millions rupees or more.
3) The value of the fixed assets of the company (at cost) as on the last day of accounting
year is rupees forty lakhs or more. This condition also now applies to companies establishedbefore July 1, 2006. For companies established thereafter the condition will be rupees twenty
millions or more.
Every Company making profits in a year has to pay 5% of its net profit to the workers participation
fund for distribution among the workers according to their entitlement.
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Enforcement
Arrangements forOSH
Enforcement Arrangements for
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Federal Ministry ofLabour & Manpower
Directorate of Dock Workers Safety Central Inspectorate of Mines
Setting the overall policy andgoals, framing of new laws, review of
existing laws, adoption of internationalconventions and protocols.
ProvincialLabour/Industries/
Mines Departments
Supervision ofenforcement of laws andpolicies in the provinces
Inspectorates of Boilers
Directorates of Labour Welfare(Labour Inspectorates) Inspectorates of Mines
Enforcement Arrangements forOSH Services
Government Organizations engaged
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Federal:
Central Inspectorate of Mines:
Regulates OSH concerns in the mines in directfederal jurisdiction, i.e. oil-fields, gas-fields andmines of nuclear substances;
Conducts job-related training programmes forworkers, supervisors and managers regarding H2S
hazards, rescue work and to raise awareness aboutsafety laws.
Also serves as ILO-CIS National Centre and countryrepresentative on APOSHO for promotion of OSHculture.
g g gat OSH Services
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Federal:
Directorate of Dock Workers Safety:
Regulates safety of dock workers employed inloading and unloading cargo at ports and ships.
National Institute of Fire Technology:
Imparts training in fire safety/fire-fighting.
Government Organizations engaged
at OSH Services (contd.)
Government Organizations engaged at OSH Services
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Provincial:
Directorates of Labour Welfare:
Monitor OSH aspects in commercial and industrial undertakingsunder Factories Act, 1934 and West Pakistan Shops &Establishments Ordinance, 1969.
Centre for the Improvement of WorkingConditions and Environment/Occupational Safety& Health Centre:
Provide training on occupational safety, industrial hygiene, risk
assessment, chemical safety, selection and use of personalprotective equipments, ergonomics, first-aid and occupationaldiseases management etc.
Civil Defense Academy:
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g g g
G O i i
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Provincial:
Inspectorates of Mines:
Regulate OSH concerns in mines other than those of mineral oil
natural gas and nuclear substances.
Mine Rescue & Safety Training Centers:
Impart safety training to managers, supervisors and workers anprovide mine rescue services, under the umbrella of Inspectoratof Mines.
Inspectorates of Boilers:
To re ulate safet in ressure vessel/boiler o eration.
Government Organizationsengaged at OSH Services (contd.)
Enforcement Arrangements for
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Inspection Staff:
Labour Inspectors:
Small industrial and all commercial enterprisesunder West Pakistan Shops & EstablishmentsOrdinance, 1969.
Labour Officers/Technical Inspectors of Factories:
Factories under the Factories Act, 1934.
Inspectors of Minesunder Mines Act, 1923.
Enforcement Arrangements forOSH Services (contd.)
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Work on a devolution plan is under
way to empower the provincialgovernments for enhancing thesystem efficiency.
The institutional set-up would berevitalized and restructured in thelight of new policy framework.
Enforcement Arrangements for
OSH Services (contd.)
Pakistan: A Closer look at Labor
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Pakistan: A Closer look at Labor
Issues
Working Conditions
Workers of Pakistan are facing worst
working conditions including longworking hours, low wages and no
freedom of association
Practically, there is no or very few
implementation of labor laws, without
any freedom of association
Labor Rights in the Constitution
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Labor Rights in the Constitution The Constitution of Pakistan contains a range
of provisions with regards to labor rights found
in Part II: Fundamental Rights and Principles ofPolicy.
Article 11of the Constitution prohibits allforms of slavery, forced labour and child
labour;Article 17provides for a fundamental right
to exercise the freedom of association and
the right to form unions;Article 18proscribes the right of its citizensto enter upon any lawful profession oroccupation and to conduct any lawful trade or
business;
Labor Rights in the Constitution
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Labor Rights in the ConstitutionArticle 25lays down the right to equality
before the law and prohibition ofdiscriminationon the grounds of sex
alone;
Article 37(e)makes provision forsecuringjust and humane conditions
of work, ensuring that children and
women are not employed in vocationsunsuited to their age or sex, and for
maternity benefits for women in
employment.
Working Time and Rest Time
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Working Time and Rest Time
Under the Factories Act, 1934no adult
employee, defined as a worker who has completedhis or her 18th year of age, can be required or
permitted to work in any establishment in excess of
nine hours a dayand 48 hours a week. Similarly,
no young person, under the age of 18, can berequired or permitted to work in excess of seven
hours a day and 42 hours a week. The Factories
Act, which governs the conditions of work of
industrial labor, applies to factories, employing ten ormore workers. The Provincial Governments are
further empowered to extend the provisions of the
Act, to even five workers.
Minimum Age and Protection of Young Workers
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Article 11(3)of Pakistans Constitution expressly
prohibits the employment of children below the age
of fourteen yearsin any factory, mine or otherhazardous employment
The Factories Act, 1934allows for the employment
of children between the ages of 14 and 18 years
provided that each adolescent obtains acertificate of fitnessfrom a certifying surgeon. A
certifying surgeon, per section 52 of the Act, shall on
the application of any child or adolescent who
wishes to work in a factory, or, of the parent or
guardian of such person, or of the factory in which
such person wishes to work, examine such person
and ascertain his or her fitness for such work.
C l i
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OSH is placed high on theGovernmentsagenda.
A comprehensive programme has been
launched for updating policies and lawsand capacity building/strengthening ofinstitutional arrangements in the light
of international standards, innovativeapproaches and recognized practices toprovide better services in the field of
OSH.
Conclusions
Conclusions (contd )
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The policies and legislation layemphasis on providing an environmentconducive for development of a healthyand well-motivated productiveworkforce through achievement of
necessary goodwill and cooperation ofthe three partners government,employers and workers.
System improvement followed as acontinuous and reiterative process tomeet the needs of changing times.
Conclusions (contd.)
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Best wishes and Good Luck
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hank You