United Law Company
 

Employment & Labor

ULC and affiliates advise on all aspects of employment law, including drafting employment agreements, confidentiality and non-disclosure agreements, stock options plans for the employees of Pakistani and foreign companies, trade union settlements, retrenchment and termination of employees, as well as employment due diligence and IP audits of Pakistani companies.

We deal in the matters of cases of Civil Servants, regarding workers or workmen, compensation, appointment and termination matters, cases about recruitment appointment, promotion and reversion to a lower grade or service, removal form service, matters of pension, gratuity and provident fund, all kinds of cases regarding service and employment.

Labour and employment law and practice have been evolving, aiming to keep apace with the influx of foreign investors, a foreign work force and attendant employment issues. Contractual issues governing relations between employers and their workforce need careful consideration. As employers increasingly seek to remunerate their employees with a variety of benefits as well as provide incentives through employee stock option schemes, it is becoming increasingly important for corporate to adopt well established and internationally accepted policies and procedures. Pakistan labour laws also impose certain obligations on employers that must be considered and met.

We also represent the management before Tribunals, Commissions, other Quasi Judicial and Judicial bodies in matters connected with employment and industrial disputes.

Employment permits & Labor Laws

The labor laws of Pakistan do not distinguish between foreign and Pakistani employers of labor. The expatriate technical and managerial personnel proposing to work in manufacturing/ industrial sectors, services sectors, agricultural sectors, social sectors and infrastructure projects are exempted from obtaining work permits. As the policy of the government is to encourage expatriates only for managerial and technical positions, in special cases, however, where a particular skill or know how is required, not available in the Pakistani job market, a permission may be granted to a foreign national whose job description does not fall in the technical or managerial category upon the condition that particular position will be filled-in by a Pakistani within a period to be determined by a committee in the BOI. Under the new regime, the Ministry of Interior will directly issue a work visa upon receiving a letter from the BOI confirming that the particular project for which the employee is sought falls within one of the above stated categories. Work visas have to be issued by the Ministry of Interior within one month of the receipt of the application along with supporting documents. According to BOI, an applicant can obtain a visitor’s visa from a Pakistani mission abroad and upon reaching Pakistan the visit visa can be converted into work visa without him/ her leaving Pakistan for a change of status upon a verification of the BOI. Each case is dealt with on its merits and there is no declared limit as to the number of foreign personnel a company may employ. Foreign companies are normally granted a permission to permanently station a foreign employee as their chief executive or as country manager representing the interests of such foreign company in Pakistan.

Employment and Labor Laws:

Our Employment-Labor Laws practice covers broadly the following:

H.R Manual and Staff Handbook
Drafting and documentation of conditions of service, social benefits, rules and regulations, code of ethics, disciplinary and grievance matters, leaves, benefits and various other policies.

Due Diligence/ Compliance Study of Labor Laws
Inspection of records, highlighting discrepancies and advising remedial measures. Conducting on the spot physical inspection of factories and establishments.

Employees Code of Conduct
Drafting a manual/code of fair ethics and good conduct applicable to employees at workplace and outside workplace for strengthening the image/brand of the company and minimizing the risk of violation of the applicable laws and regulations.

Social Security and Insurance Benefits
Advising on Social Security Laws and compliance requirements. As well as soliciting on the support staff various social security issues. Providing assistance to the management for complying with the health and safety issues.

Severance and Retrenchment Laws
Advising the management on various policies regarding the Indian retrenchment laws and their compliance thereof, wrongful dismissal, handling redundancy claims.

Social Benefits
Advising on social beneficial laws of Maternity Benefit Act for ensuring compliance of the provisions of leave, maternity benefit and certain other benefits to the women employees and to ensure compliance of the same as well as advising and drafting of anti harassment policies. Also advising Payment of Bonus to the employees in certain companies on the basis of profits or production, as well as advising on the maintenance of records and register, Payment of Gratuity Act, Employees State Insurance, Provident Fund and to ensure compliance of the provisions envisaged in the relevant Acts applicable.

Contracts
Advising and drafting business transfer agreements wherein employees are transferred to another company, drafting of Employment Contracts, Retainership Agreement, Termination Letter, Probation Clauses, Non Disclosure Agreements, Confidentiality Agreement, Secondment Agreement etc.

Contract Labor and Regulations
Advising on registration of establishments, maintenance of registers and other records, hiring of contract labor and licensing of contractors and ensuring the compliance of the provisions laid down in the relevant law. Further advising the management on the compliance of the provisions relating to welfare, health, safety and conditions of service of contract labor. Assisting the management in licensing and regulation of the sector.

Trade Union Laws and related activities
Advising the management on the issues related to handling and negotiating with trade unions, the laws applicable and their compliance thereof.

Workplace accident and fatal accident compensation Law
Advising the management on employer’s liability (civil and criminal) for compensation payable to an employee involved in an accident fatal or otherwise. Also advising the management on the compliance of the provision as envisaged in the relevant laws applicable.

Factories Law
Advising the management on registration and licensing of factories, health and safety safeguards to be maintained, and welfare and other such conditions of service and ensuring compliance of the provisions of the relevant Laws.

Environmental Laws
Advising the client on National and International treaties and legislations. Pollution Control in any environmental medium, construction

Practice Spotlight:

Compliance and regulatory issues

Disciplinary and grievance matters and rules

Employment contracts

Employment Permits

Handbooks and compensation packages

Litigation

Wrongful and unfair dismissal claims and redundancy

Area of Practice

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