The West Pakistan Shops and Establishments Ordinance 1969

 

This ordinance pertains to the hours and other conditions of work and employment of persons employed in commercial, industrial and other establishments (such as shops, private, dispensary, maternity home, residential hotel and, others) in Pakistan. This ordinance does not relate to offices under provincial or central governments (only private entities). According to the ordinance, the following aspects of commercial, industrial and other establishments are covered, such as:

Holidays

  • One holiday per week in addition to leaves and yearly holidays shall be ensured
  • No deduction in payment for one mandatory weekly holiday

Annual Leaves

  • Employee shall be allowed fourteen days leave after continuous employment
  • If leave is not availed, shall be added to next year total. However, The total sum shall not exceed 30 leaves in total
  • The leaves not availed can also be requested to be paid if the employee desire so.

Casual Leaves

  • Ten casual leaves per year are entitled to an employee
  • Not more three casual leaves shall be granted unless extraordinary circumstances
  • Eight sick leaves are allowed in a calendar year and if not availed can be transferred to next year. However, not more than 16 days can be accumulated.

Festival Leaves

  • Ten days of festival leave (Eid, Christmas, etc) shall  be allowed per year
  • These dates will be notified by the employer at the start of the year

 

Opening and Closing of Business Hours

  • No commercial entity shall be open after 8 pm
  • Continuous 6 hours for adult (18 years or more) and 3 and half hours for young  (more than 14 but less than 18) is prohibited unless one hour meal and break gap is provided
  • Women and the young employees must not work before and after 9am-7pm

Daily, Weekly Hours and Overtime

  • An adult must not work more than nine hours a day and forty-eight hours a week
  • The young employees must not work more than 7 hours a day and forty-two hours a week
  • In case of overtime in certain days, it must be ensured that adult do not work more than six hundred and twenty-four and the young person do not work more than four hundred and sixty-eight hours a week.
  • Over time wages are double the rates of ordinary wages

Wage Period

  • Wages must be paid within one month
  • Wages must be paid on a working day within 7 day stipulated expiry of wage period
  • Wages will be paid in legal tender
  • In the case of job termination by the employer, wages will be paid before the second working day of termination

Litigation Forum for Claims of Wage Delay

  • Within four months (six months if the complainant satisfies the judge) the complainant will file an application in government appointed authority which will hear the litigation

Termination of Employment

  • One month notice shall be served to the permanent employee by the  employer
  • Daily, weekly or monthly wagers may not be given a notice but the termination should not occur due to punishment. In this case, the opportunity for an explanation must be provided.

Child Labor

  • No child (less than 14 years old) is allowed to work in any commercial or industrial establishment

Contracting, Safety and Record Maintenance

  • Any agreements with employee who forfeits their rights may be deemed void under this ordinance.
  • Safety standards of all mechanically or electrically propelled machinery must be ensured
  • Register for the maintenance of the above information is mandatory on the employer for inspection purposes by the government.


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