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Sindh Labour Laws

The document is a comprehensive compilation of over 30 Sindh labour laws along with their corresponding rules, aimed at providing a reliable resource for understanding these laws. It addresses the challenges of accessing updated legal information and aims to bridge the gap left by unformulated rules and scattered resources. The ebook serves as a guide for both HR professionals and employees, ensuring clarity on rights and responsibilities within the workplace.
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0% found this document useful (0 votes)
187 views11 pages

Sindh Labour Laws

The document is a comprehensive compilation of over 30 Sindh labour laws along with their corresponding rules, aimed at providing a reliable resource for understanding these laws. It addresses the challenges of accessing updated legal information and aims to bridge the gap left by unformulated rules and scattered resources. The ebook serves as a guide for both HR professionals and employees, ensuring clarity on rights and responsibilities within the workplace.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 11

1.

Table of Content of all laws included

S.No Law Name Page No


1. Sindh Factories Act 37-90
2 Factories Rules 91- 169
3 Canteen Rules 1959 170 - 175
4 Sind Food Authority Factory canteen SOPS 176 - 177
5 Sindh FA Canteen License application 179
6 THE SIND FACTORIES OT EXEMPTION| RULES, 1973 181-190
7 SINDH SHOPS & COMMERCIAL ESTABLISHMENT ACT, 15 191-209
8 Shops & Establishment Rules 210- 219
9 Terms of Employment / Standing orders act 2015 218- 239
10 THE SINDH PAYMENT OF WAGES ACT, 2015 240-252
11 Sindh Minimum Wages act 253 - 265
12 Sindh OHSA 2017 266 - 287
13 OSHA RULES 288 - 338
14 THE SINDH WORKERS’ COMPENSATION ACT, 2015. 339 - 374
15 Mines ACT 1923 375- 413
16 THE COAL MINES (FIXATION OF RATES OF WAGES) ORDINANCE, 1960 414 - 418
17 THE SINDH METALLIFEROUS MINES ACT, 2021 419 - 458
18 Sindh Coal Mines Rules 459 - 507
19 THE SINDH WOMEN AGRICULTURAL WORKERS’ ACT, 2019 508 - 514
20 THE SINDH HOME-BASED WORKERS ACT, 2018 515 - 521
21 SINDH BONDED LABOUR abolition Act 2015 522 - 528
22 THE SINDH APPRENTICESHIP ACT, 2023 529 - 537
23 APPRENTICESHIP RULES 538 - 545
24 THE SINDH INDUSTRIAL RELATIONS ACT, 2013 546 - 601
25 Sindh Industrial Relations Rules 2021 602- 631
26 Industrial Relations Act Rules 2012 632 - 675
27 Sindh Employees Social Security Act 2016 676 - 708
28 SESSI Contribution Rules -1966 Regulations + Contribution Reg 709 - 734
29 EOBI ACT 1976 + Rules + Regulations 735 - 776
30 Sindh Workers Welfare Fund Act 2014 777 - 795
31 SINDH COMPANIES PROFITS (WORKERS'PARTICIPATION) ACT, 2015 796 - 819
32 SINDH COMPANIES PROFITS (WORKERS'PARTICIPATION) Rules, 2021 820 - 826
33 Sindh Maternity Benefit Act 2018 & Rules 827 - 840
34 PROTECTION AGAINST HARASSMENT THE WORKPLACE ACT, 2010 841 - 878
35 SINDH DIFFERENTLY ABLE PERSONS (EMPLOYMENT, R & W) ACT, 2014. 880 - 886
36 Sindh Empowerment of ‘Persons with Disabilities’ 2018 887 - 912
37 The Provident Fund Act 1925 913 - 923
38 Provident Fund Rules – Companies Ord 1984 Section 2018 924 - 925
39 Employees Provident Fund Investment Rules 2016 926 - 930
40 Recognized Provident Fund Rules 931 - 939
41 Approved Pension Fund Rules 940 - 943
42 Approved Gratuity Fund Rules 944 - 946

4
Contents
1. Table of Content of all laws included ................................................................................. 4
2. SINDH LABOUR LAWS EBOOK – Introduction ................................................................. 5
3. Sharing is Caring. .............................................................................................................. 5
4. BRIEF GUIDE TO NEW LEARNERS OF LABOUR LAWS ................................................ 5
4.1 Genesis of Sindh Labour Laws and International Commitments..................................... 6
4.2 Applicable Labor Laws in Sindh ..................................................................................... 7
4.3 Age of Employment ........................................................................................................ 9
4.4 Terms of Employment /Employment Letter / Conditions of Employement .................... 10
4.5 Communication MUST be in Writing / No Verbal -Standing Order 3 (2)........................ 11
4.6 Working hours: MUST Be Followed (Section 54 – Factories Act) ................................. 12
4.7 Overtime Limits in Sindh (S. 68 & Rule 124 of FA) and Other Provinces ...................... 13
4.8 Rest and Holidays S. 56 : ............................................................................................. 14
4.9 Annual Leave Encashment Rules. ............................................................................... 15
1. Eligibility for Annual Leave................................................................................................................ 15
2. Encashment of Annual Leave:.......................................................................................................... 15
3. Application Procedure for Annual Leave: ......................................................................................... 15
4. Employer Responsibilities: ................................................................................................................ 15
5. Special Considerations: ..................................................................................................................... 15
6. Worker’s Holiday Book: .................................................................................................................... 16
7. References of Leave Encashment .................................................................................................... 16
4.10 NO Sandwiched Leaves Deductions. ........................................................................... 16
4.11 RESIGNATION / TERMINATION / NOTICE PAY / NOTICE Period ............................. 17
1.Termination by Employer & Notice Pay ............................................................................................ 17
2.Resignation & Notice Pay................................................................................................................... 17
4.12 Termination in Writing; ................................................................................................. 17
4.13 What Does the Law Say About Experience Letters? .................................................... 17
4.14 What About Taking Leave During the Notice Period?................................................... 17
4.15 When Legal Dues Must be Paid ? S.O 16-4 ................................................................. 18
Timelines for Payment (S.O 16-4) ......................................................................................................... 18
Implications of Non-Payment (Section 7) ............................................................................................. 18
4.16 Gratuity and PF in Sindh’s Employment Law................................................................ 19
4.17 Notice Board – Information MUST be Shared on Notice Board (S.O # 4) ..................... 20
4.18 Notified Factory Manager / Head of HR / GM IR - Occupier ......................................... 21
4.19 Welfare Officer. ............................................................................................................ 21
4.20 Establishment of Canteen / Canteens - Section 27 : .................................................. 22
4.13.1 Canteen Rules and Guidelines for HR & Compliance Professionals Rule 51 ......................... 22

2
1. When is a Canteen Required?....................................................................................................... 22
2. Canteen Location and Construction ............................................................................................. 22
3. Hygiene and Maintenance: Keeping it Clean ................................................................................ 22
4. Dining Hall Standards: Ensuring Comfort for All Workers ............................................................ 22
5. Essential Equipment and Furniture .............................................................................................. 22
6. Pricing and Non-Profit Operation ................................................................................................. 23
7. Accounts and Audits ..................................................................................................................... 23
8. Canteen Managing Committee: Worker Involvement ................................................................. 23
9. Flexibility in Compliance ............................................................................................................... 23
10. Takeaway for HR Professionals: .................................................................................................. 23
4.21 Drinking water and Sanitation: ..................................................................................... 24
4.22 Medical Check-up: ....................................................................................................... 24
4.23 First Aid:....................................................................................................................... 24
4.24 Persons with disabilities: .............................................................................................. 24
4.25 Minimum Wage: ........................................................................................................... 25
4.26 Payment of Wages Section 6 PWA 2015: .................................................................... 25
4.27 Social Protection .......................................................................................................... 26
4.28 Sindh Employees’ Social Security Institution (SESSI) .................................................. 26
4.29 Employees’ Old-Age Benefits Institution (EOBI) ........................................................... 26
4.30 Compulsory Group Insurance S.O 12 .......................................................................... 26
4.31 Worker’s Compensation: .............................................................................................. 26
4.32 Workers’ Organization / UNIONS / EMPLOYED PERSONS UNION / Contractors
Employed Persons Union & CBA ............................................................................................ 27
4.33 Registration of Trade Unions........................................................................................ 27
4.34 Participation of Women in Union Activities ................................................................... 27
4.35 Collective Bargaining Agent – CBA .............................................................................. 27
4.36 Workers’ Participation and Representation in Management: ........................................ 28
4.37 Workers’ Code of Conduct ........................................................................................... 29
4.38 WORKERS’ GRIEVANCE REDRESS MECHANISM ................................................... 29
4.39 Discrimination At Workplace ........................................................................................ 30
4.40 NO Discrimination for Contracted Workers, 3P Workers, Outsourced Employees /
Outsourced Security Guards / Sweepers, Canteen Etc........................................................... 30
4.41 Occupational Health and Safety ................................................................................... 31
4.42 Health and safety policy ............................................................................................... 31
4.43 Special Provisions for Women Employed Work Places ................................................ 32
4.44 Fair Treatment: ............................................................................................................ 32
4.45 Complaints and Issues Resolution in Labour Laws ...................................................... 33
4.46 Policies towards contractors:........................................................................................ 33
4.47 Self-Analysis of Your Organizational Standing on Compliance of Labour Laws............ 34
4.48 Employers Checklist on Compliance of Labour Laws Related to Employees ............... 35

3
1. Table of Content of all laws included

S.No Law Name Page No


1. Sindh Factories Act 37-90
2 Factories Rules 91- 169
3 Canteen Rules 1959 170 - 175
4 Sind Food Authority Factory canteen SOPS 176 - 177
5 Sindh FA Canteen License application 179
6 THE SIND FACTORIES OT EXEMPTION| RULES, 1973 181-190
7 SINDH SHOPS & COMMERCIAL ESTABLISHMENT ACT, 15 191-209
8 Shops & Establishment Rules 210- 219
9 Terms of Employment / Standing orders act 2015 218- 239
10 THE SINDH PAYMENT OF WAGES ACT, 2015 240-252
11 Sindh Minimum Wages act 253 - 265
12 Sindh OHSA 2017 266 - 287
13 OSHA RULES 288 - 338
14 THE SINDH WORKERS’ COMPENSATION ACT, 2015. 339 - 374
15 Mines ACT 1923 375- 413
16 THE COAL MINES (FIXATION OF RATES OF WAGES) ORDINANCE, 1960 414 - 418
17 THE SINDH METALLIFEROUS MINES ACT, 2021 419 - 458
18 Sindh Coal Mines Rules 459 - 507
19 THE SINDH WOMEN AGRICULTURAL WORKERS’ ACT, 2019 508 - 514
20 THE SINDH HOME-BASED WORKERS ACT, 2018 515 - 521
21 SINDH BONDED LABOUR abolition Act 2015 522 - 528
22 THE SINDH APPRENTICESHIP ACT, 2023 529 - 537
23 APPRENTICESHIP RULES 538 - 545
24 THE SINDH INDUSTRIAL RELATIONS ACT, 2013 546 - 601
25 Sindh Industrial Relations Rules 2021 602- 631
26 Industrial Relations Act Rules 2012 632 - 675
27 Sindh Employees Social Security Act 2016 676 - 708
28 SESSI Contribution Rules -1966 Regulations + Contribution Reg 709 - 734
29 EOBI ACT 1976 + Rules + Regulations 735 - 776
30 Sindh Workers Welfare Fund Act 2014 777 - 795
31 SINDH COMPANIES PROFITS (WORKERS'PARTICIPATION) ACT, 2015 796 - 819
32 SINDH COMPANIES PROFITS (WORKERS'PARTICIPATION) Rules, 2021 820 - 826
33 Sindh Maternity Benefit Act 2018 & Rules 827 - 840
34 PROTECTION AGAINST HARASSMENT THE WORKPLACE ACT, 2010 841 - 878
35 SINDH DIFFERENTLY ABLE PERSONS (EMPLOYMENT, R & W) ACT, 2014. 880 - 886
36 Sindh Empowerment of ‘Persons with Disabilities’ 2018 887 - 912
37 The Provident Fund Act 1925 913 - 923
38 Provident Fund Rules – Companies Ord 1984 Section 2018 924 - 925
39 Employees Provident Fund Investment Rules 2016 926 - 930
40 Recognized Provident Fund Rules 931 - 939
41 Approved Pension Fund Rules 940 - 943
42 Approved Gratuity Fund Rules 944 - 946

4
2. SINDH LABOUR LAWS EBOOK – Introduction
Following the 18th Amendment, the Provincial Government of Sindh has enacted over 30
labour laws. While these laws have been created, many of the accompanying rules have not
yet been formulated, leading to a gap in practical implementation. Moreover, the labour laws
have undergone several amendments over the years, making it challenging for individuals and
professionals to keep track of the latest updates.

Adding to the complexity, these laws are scattered across different websites, most of
whichhave not been updated in years. Over the past several years, I have dedicated myself
to locating these laws and their corresponding rules. However, accessing this information was
not easy. Unfortunately, many lawyers, industrial relations professionals, and even
government departments were reluctant to share these resources, as they seemed to believe
that having exclusive access gave them a monopoly over the knowledge of labour laws.

In this book, I have compiled and updated almost all of these laws, providing the most recent
updates as of 30th September 2024. Now, instead of searching through outdated websites or
multiple sources, you have all the information you need in one place. I hope this book will
serve as a comprehensive and reliable resource for your understanding of Sindh Labour Laws.

Thank you for choosing this book, and I trust it will be a valuable tool in your professional or
personal journey.

3. Sharing is Caring.
We have complied all these laws along with Rules in Single PDF. Index is also included for
ready reference of each law. Each Page is numbered and Name of Law being viewed by
Reader is also added at right side of each Page.

4. BRIEF GUIDE TO NEW LEARNERS OF LABOUR LAWS


Welcome to the first chapter of this ebook, designed specifically for individuals who have
limited or no prior knowledge of labour laws. Whether you are an HR professional seeking to
understand compliance requirements, or an employee eager to know your rights and
protections, this chapter will serve as an essential guide.

Labour laws govern the relationship between employers and employees, ensuring that rights
are protected and responsibilities are clearly defined. For HR professionals, understanding
these laws is vital for compliance, preventing disputes, and fostering a fair workplace
environment. Employees, on the other hand, should be well aware of the legal protections
available to them, enabling them to stand up for their rights and navigate workplace challenges
confidently.

This chapter will provide a simplified overview, covering the key aspects of labour laws in
Sindh, making the complex legal provisions more accessible to everyone. However, please
note that this is just a crux of the broader legal framework. For more detailed insights, separate
books will be available focusing on laws from an HR perspective, compliance requirements,
and employee relations.

We hope this introduction helps you gain a fundamental understanding and serves as a
stepping stone toward a more comprehensive knowledge of labour laws. Enjoy the journey
ahead!

5
4.2 Applicable Labor Laws in Sindh

Sr.
Law Scope
No.
1 The Sindh Factories The Sindh Factories Act regulates working conditions, hours of
Act, 2015 work, overtime, rest, holidays, leaves, health and safety of
employed persons, reporting of accidents and provision of
facilities to the employees engaged in Factories.

2 The Sindh Shops and The Sindh Shops and Commercial Establishment Act regulates
Commercial working conditions, hours of work, overtime, rest and holidays
Establishment Act, 2015 and leaves for the employed Person engaged in shops and
establishments.

3 The Sindh Terms of This law deals with terms of employment, appointment letter,
Employment (Standing inquiries, disciplinary proceedings, dismissal, gratuity, group
Orders) Act, 2015 insurance and closure of establishment.
4 The Sindh Payment This law deals with payment of wages, deductions, fines and
of Wages Act, 2015 redress of grievance of workers in case of non-payment, delay in
payment and less payment of wages.
5 The Sindh Minimum This law through tripartite Minimum Wages Boards deals with
Wages Act, 2015 fixation of minimum rates of wages for various categories of
workers / Employed Persons in the province of Sindh.
6 The Sindh Prohibition of The law prohibits employment of children below 14 years of age
Employment of Children and engagement of adolescents (persons below 18 years) on
Act, 2017 hazardous work.
7 The Sindh Occupational The law deals with health and safety provisions at workplace
Safety and Health Act, and determines duties of employers and employed Persons for
2017 promotion of health and safety culture.
8 The Sindh Bonded Labour The law prohibits forced and bonded Labour and abolishes
System (Abolition Act, bonded Labour system.
2015)
9 The Sindh Employees’ This law provides health coverage, sick leave and work injury
Social Security Act, 2016 benefits to secured workers. It also covers medical treatment of
as amended in 2018 dependents of secured workers.
10 Employees’ Old-age It is a federal law and deals with Old-Age Pension of employees
Benefits Act, 1976 in the private sector.
11 The Sindh Workers’ This law deals with worker’s compensation in case of injury and
Compensation Act, 2015 death.
12 The Sindh Maternity Maternity Benefits law regulates conditions of employment, paid
Benefits Act, 2018 leave, pre and post- delivery medical care, nursing and special
work arrangements for entitled women. Under section 3 of the
Act, an entitled woman worker must be granted mandatory
maternity paid leave of 4 weeks before and 12weeks after
delivering child.
13 The Sindh Industrial This law deals with registration of trade unions and
Relations Act, 2013 regulation of industrial relations in Sindh.
14 Industrial Relations Act, It is a federal law which relates to formulation of trade unions and
2012 regulation of industrial relations in the trans-provincial
establishments in Pakistan and is also applicable in Sindh.
15 Road Transport The law deals with hours of work and other conditions
Workers Ordinance, 1961 of employment of workers engaged in road transport i.e.
vehicles involve in carrying goods and persons for business
purposes.
7
Sr.
Law Scope
No.
16 The Protection against The law makes provisions for the protection against
Sexual Harassment of harassment of women at the workplace and provides for
women at Workplace inclusion of workers’ representative and a woman in
Act, 2010 as amended in the Inquiry committee.
2022
17 The Sindh Companies This law entitled eligible Employed Persons of
Profit (Workerscompanies for their share in the profits of companies
Participation) Act, 2016which is distributed in units amongst eligible workers as
per the share of categories of workers mentioned in the
Schedule.
18 The Sindh Workers’ The deals with creation of Workers Welfare Fund and
Welfare Fund Act. 2015 welfare of the eligible workers through that fund in terms
of marriage grant, death grant, scholarship to children of
eligible workers.
19 Sindh Differently Abled Highlights the Quota of 5 % employment in Organizations
Persons Act 2014 (section 8)

20 Apprentice Ship Act All organizations employing 30 or more employed


persons are required to introduce apprenticeship program
@ 10% Quota of Apprentices. (Section 2 q and 7,c)

stipend" means a monthly emolument paid by an


employer to apprentices during entire period of training at
a rate of minimum of fifty percent of the skilled worker of
the relevant trade;
21 Home Based Workers Act This law gives protection to persons who work in the
informal or unorganized sector carrying out remunerative
work within their homes or in the surrounding, grounds.

22 Provident Fund Act 1925 Provides for provisions Provident Fund as per required in
Terms of Employment Act

8
4.11 RESIGNATION / TERMINATION / NOTICE PAY / NOTICE Period

In the Sindh Terms of Employment (Standing Orders) Act, 2015, there are clear rules about
what happens when someone wants to leave their job or when a company needs to let someone
go.

1.Termination by Employer & Notice Pay


For permanent Employees, if a company decides to end a Employed Persons job (unless
there’s a serious issue), they must give that worker one month's notice. This means the
company should inform the worker at least a month ahead of time.

For temporary workers—like those on short-term contracts, those still in training


(probation), or substitutes—there’s a different rule. These workers do not need to give any
notice if they leave, and the company doesn’t need to give notice if they end the worker's
job.

2.Resignation & Notice Pay


If an Employee wishes to resign, they also need to give the company one month's notice.
If either the worker or the company forgets to provide this notice, the one who didn’t, will
need to pay the other person Notice Pay, which is equal to one month’s salary. This helps
make up for not giving proper notice. These rules are outlined in Section 16 of the Sindh
Terms of Employment (Standing Orders) Act, 2015.

4.12 Termination in Writing;


Additionally, whenever someone is let go, the company has to provide a written explanation
that clearly states why the worker is being Terminated. This ensures transparency and clarity
for everyone involved.

4.13 What Does the Law Say About Experience Letters?


Under the Sindh Terms of Employment (Standing Orders) Act, 2015, permanent
workers are entitled to receive an experience letter when their employment ends. This
applies whether the worker resigns, is retrenched, discharged, or retires. The experience
letter, also known as a service certificate, confirms the worker's employment and details
their period of service with the company.

According to Section 16(7) of the Act, this experience letter must be provided to the
employee at the time of termination.
a) This means that when a permanent worker leaves their job, they should receive their
experience letter immediately or very soon after their employment ends.
b) Employers are responsible for ensuring that the letter is ready to hand over on the
employee's last working day or as soon as the termination process is completed.

The experience letter typically includes important details such as the worker's name, the
position they held, the duration of their employment, and a statement confirming their service
with the organization. This letter serves as proof of the worker's employment history, which
can be beneficial for future job applications. It helps validate their skills and experience to
potential employers, making it an essential document for their career advancement.

4.14 What About Taking Leave During the Notice Period?


17
4.17 Notice Board – Information MUST be Shared on Notice Board (S.O # 4)
It is important for the workers to be aware of their basic rights. It is, therefore, the responsibility
of the management to ensure that workers are informed and educated towards labor laws.
EMPLOYER / HR / IR should comply with the relevant labor laws and display at conspicuous
places the abstracts of laws and certain notices for awareness of the workers.

The following documents have to be displayed at conspicuous places by the Management for
information of the workers. Following Information Must be exhibited at
i. Working Hours ( Standing Order no 4)
ii. Notice of daily hours of work;
iii. Shift Timings
iv. Weekly Off Days (SO 5)
v. Rates of Wages / Salaries to each class of Employed Persons (SO 5)
vi. Pay Days (SO 5)
a. Days for Making Advance Payment
b. Days for Making Overtime Payment
vii. Notice highlighting types of leaves admissible to workers;
a. Casual Leaves
b. Sick Leaves
c. Annual Leaves
d. Maternity Leaves
e. Festival holidays
viii. Information about committees;
ix. Canteen Management Committtee
a. Canteen Rates
b. Canteen Menu
x. Information, Education and Communication material on OSH
xi. Information about Grivence Management Mechanism ,
xii. Information on code of conduct,
xiii. Organizational Ethical Policy
xiv. Abstracts of Following Laws
a. Factories Act
b. Terms of Employment act
c. Payment of Wages Act
d. Minimum Wages Act
e. Workmen Compensation Act
f. Shops and Establishment Act
g. Industrial Relations Act
h. Social Security Act
i. EOBI ACT
j. Maternity Act
k. Protection of Women Against Harassment at work places ACT

20
4.47 Self-Analysis of Your Organizational Standing on Compliance of Labour
Laws

Sr.
Provision of Issues of verification
No
Labour Laws
1 Child labor -No person below the age of 14 years should be engaged
-No person below the age of 18 years should be engaged in construction work
2 Forced labor -Forced labor
-Bonded labor
-Trafficking in Person
3 Working conditions -working hours
-weekly holiday
-leaves (types)
-drinking water
-provision of toilet
-Hygiene
-weight
-Sanitary conditions
-First Aid
-medical check-up
-Record of over-time, leaves, holidays, etc.
-General observance report
-Interviewing
4 Terms of -Appointment letter
Employment -Record of inquiries/ disciplinary actions
-Group Insurance
-record of workers who left job
-Interviewing
-Record of court matters
5 Workers’ -Workers Representatives
Participation -Committees
6 Freedom of -Existence of workers’ organization
Association - Any restriction on association
-Interviewing workers
7 OSH -General situation of workplace
-Hazard assessment and elimination & control
-Use of PPEs
-Worker’s orientation
-Emergency drills
-Accident
-Notices
-Record
8 Non-discrimination -discrimination in work
-remuneration
-Treatment
-Promotion
-Record of wages
-Interview with workers
9 Minimum wage -Record of wage payment
-Interviewing
10 Gender -Gender balance
-Pro-women measures
-GBV
-SE/ SH
11 Training -Types of training imparted to workers with proof
12 Record -Scrutiny of record

34

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