Working Hours and Holidays

What are the laws in Pakistan relating to working hours and holidays?

We have six different laws that set the working hours, rest intervals and different types of holidays. These are:

• Factories Act, 1934
• The Shops and Establishments Ordinance, 1965
• West Pakistan Industrial and Commercial Employment (Standing Order) Ordinance, 1968
• Mines Act, 1923
• Newspaper Employees (Conditions of Service) Act, 1973
• Road Transport Workers Ordinance, 1961
• Railways Act, 1890

How will I know which of these laws is applicable to establishment I am working in?

The Factories Act is applicable mainly to the manufacturing processes and is applicable on any factory where ten or more people are working or were working on any day in the preceding 12 months.

The Standing Orders Ordinance is applicable to the commercial or industrial establishments where 20 or more workers are employed or were employed during the last 12 months.

The Shops and Establishments Ordinance is applicable to all establishments irrespective of the number of employees. So, if you are working in an establishment employing less than ten workers, this Ordinance is applicable to your organization.

The Mines Act is applicable to any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes all works, machinery, tramways and sidings, whether above or below ground, in or adjacent to or belonging to a mine. However you will not be covered under this act if you are engaged in the manufacturing process even on the same premises unless it is for coke making or the dressing of minerals.

The Newspaper Employees Act is applicable to any establishment for the production, printing or publication of one or more newspapers or for conducting any news agency or syndicate.

Road Transport Workers Ordinance is applicable to any service for carrying passengers or goods or both by road in vehicles for hire or reward.

Railways Act is applicable to all persons employed in railway whether they are intermittent or regular employees.

How many types of workers work in an organization? Please guide.

If you are working in an establishment, you will be classified in one of the following six categories.

1. Permanent
2. Probationers
3. Badlis
4. Temporary
5. Apprentices
6. Contract worker

You become permanent worker if you have been on work of permanent nature for the last 9 months and have satisfactorily completed the probationary period of three months.

You will be a probationer for the first three months of service, after provisionally employed for a permanent position.

You will be considered a “Badli” if you are appointed in the post of a permanent or probationer employee who is temporarily absent.

You should consider yourself a temporary employee if you are hired for a project ending within 9 months

An apprentice is a person undergoing training through the system of apprenticeship.

Lastly, you will be a contract worker if you are employed to work on piece rate basis for a specific period of time. You will not be given overtime for hours worked above the normal working hours.

What are the daily and weekly working hours? When does the overtime start and what is rate of overtime?

According to the law, your normal working hours per day are 8 hours and these should not be more than 48 hours per week. However, keeping in mind the overtime obligations, you may be required to work 60 hours in a week. The daily spread over of work hours will be 12 hours as shown below.

If your employer wants you to work overtime, you must be given a rest interval of 1 hour (after 8 normal working hours+1 hour for lunch and prayer). You can’t be compelled to work more than 2 hours overtime a day. Your total yearly overtime work hours should also not exceed 624 hours. Moreover, you should also be aware that lunch breaks and rest intervals are unpaid time, so you will not be receiving any remuneration for this. Your employer has to give you rest interval of an hour after every six hours of work.

You also need to know that if you are a young person (your age is greater than 14 but less than 17 years), you can be required to work 1.5 hours a day overtime but your total overtime hours in a year can’t exceed 468 hours.

If you are a woman, you can work only up to 10:00 pm and this is only in the condition if the employer arranges transport for pick up and drop facility. If your employer does not arrange transport for you, your working hours must be between 06:00 a.m. to 07:00 p.m. The same working hours count for adolescents.

If you are a road transport service employee, you can’t be required to work for more than 8 hours in a day and 48 hours in a week. Moreover, after five hours of work, you are to be given at least half an hour break and if you are required to work for over seven hours, you must have availed at least two such half an hour intervals.

Similarly, if you are mineworker (above or below ground), you can’t be required to work more than eight hours a day and forty-eight hours a week. The spread over for workers working above ground is 12 hours however for the workers below ground the spread over is fixed at 8 hours which also means that they can’t be required to work overtime.

During the Holy month of Ramazan, the working hours are reduced by two hours in all establishments. Notifications are also issued in this regard.

As for the overtime rate of pay, we have already discussed it in the “All About Pay”

How many weekly holidays am I allowed to have?

If you are working 8 hours/day, you are eligible for one-day holiday in a week. It can be either day in a week and can also be the day when your establishment is closed. But you need to remember that if you are made to work on your holiday; you can’t be made to work consecutively for 10 days without being given a compensatory holiday for full one day. Your weekly holidays are paid and your employer can’t deduct money for these holidays.

How many casual and sick leave am I entitled to?

You are entitled to casual and sick leave except that if you are a contract worker. In a calendar year, you are entitled to 10 days casual leave on full wages. You can be required to not to take more than three consecutive days casual leave and this leave can’t be accumulated.

You are also eligible for 8 days sick leave on full wages or 16 days sick leave on half wages. If you don’t take your sick leave in a calendar year, it can be accumulated but at one time, you can’t accumulate more than 16 days.

Same regulations are applicable under Mines Act and Road Transport Workers Ordinance.

The Newspaper Employees Act, however, provides 15 days casual leave with wages in a calendar year while for the sick leave it provides that it should not be less than 1/18^th of period of service. It also says that at minimum it should be 10 days. You will be granted sick leave on the basis of a medical certificate.

How many festival holidays are in a year? What is the difference between public, gazetted and festival holidays?

The provincial government announces festival holidays, and these are usually 12-13 in number. These are provided on full pay. However, if a holiday falls on Sunday, there is no substitution for it.

Although law mentions only festival holidays, but there is no difference in the public, gazetted and festival holidays as they are all paid holidays.

The table below shows the expected dates for festival holidays in year 2012. It is important to remember that the Muslim festivals are subject to the appearance of moon, so these dates may slightly change. If you belong to any of the non-Muslim communities, you will be granted holiday with pay on your festivals. The provincial governments also issue notifications in this regard.

Public/Festival Holidays in 2012

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