The Proposed Labour Code 2024 for the Sindh and Punjab has been met with much criticism by the labour unions and workers’ rights activists. seen by many as anti-worker and anti-union.
This new legislation which has been considered to be new and one that seeks to amend or consolidate the existing labour laws is seen by many as anti-worker and anti-Union. Employers associations have however not been left out as they have condemned the code as containing measures that are not favourable to the workforce and as having been made without enough consultation.
The Labour Code 2024, as it stands, is not in favour of workers in Sindh and Punjab. Its provisions for contractual employment, lack of consultation, and exemptions for employers pose significant threats to workers’ rights and welfare. It is crucial that labour representatives, the government, and international bodies work together to create fair and effective labour laws that truly protect and empower workers.
The Labour Code 2024: Key Provisions
The Labour Code 2024 was drafted with technical assistance from the International Labour Organization (ILO). It aims to streamline over 25 existing labour laws into a single, comprehensive code. Key provisions include the legalization of the contract labour system, simplified definitions of worker categories, and exemptions for factory owners from certain legal responsibilities.
Independent Decisions: No Consultation Involved
A major criticism of the Labour Code 2024 is the lack of consultation with actual labour representatives. Unions and federations accuse the ILO and the Sindh & Punjab Labour Department of taking unilateral action without seeking input from workers. Nasir Mansoor, General Secretary of the National Trade Union Federation (NTUF), emphasized that the proposed code threatens to strip workers of basic protections and formalizes a system of wage slavery, contradicting existing labour laws.
Legal Framework for Contract Labour System
One of the most controversial points of the Labour Code 2024 is its attempt to legalize the contract labour system. This system allows employers to hire workers on a contractual basis rather than as permanent employees, undermining job security and benefits. Labour leaders argue this will lead to widespread exploitation, as contractors and subcontractors can easily Dodge labour standards.
Wage Slavery and Exploitation
The proposed code is viewed as a step towards institutionalizing wage slavery. By allowing advance payments and other exploitative practices, the Labour Code 2024 enables employers to keep workers in a cycle of debt and dependence. Hussain Badshah, General Secretary of the People Labour Bureau, likened this to modern-day slavery, a blatant violation of international labour standards.
Complexity and Loopholes in the Definitions
Another major issue with the Labour Code 2024 is the complexity and ambiguity of its definitions. By creating vague categories for workers, the code leaves room for exploitation. Employers can manipulate these definitions to classify workers in ways that minimize their obligations under the law. This ambiguity further weakens worker protections.
Exemption of Factory Owners from Legal Responsibilities
The Labour Code 2024 includes provisions that exempt factory owners from certain legal responsibilities, potentially weakening worker safeguards. Hanif Ramay the Leader of the Muthida Labour Federation-MLF criticized these provisions, arguing that they would leave workers vulnerable to unsafe working conditions and other abuses.
Reactions from Labour Representatives
Labour representatives from across Pakistan have voiced strong opposition to the Labour Code 2024. Shams Ur Rehman Swati National Labour Federation-NLF, Nasir Mansoor, Naseem Rao of the Pakistan Workers Federation PWF, and others have called for its outright rejection. They argue that the code’s anti-worker measures far outweigh any potential benefits and that it represents a significant step backwards for labour rights in Pakistan. Instead of introducing new and potentially harmful legislation, labour representatives are calling for the consolidation and improvement of existing labour laws. Strengthening current laws and ensuring their robust enforcement would better protect workers’ rights without the need for a new, flawed code.
Calls for Genuine Tripartite Consultations
Labour leaders are demanding genuine tripartite consultations involving the government, employers, and workers. They believe that only through such inclusive dialogue can fair and effective labour legislation be created. Examples from other countries show that tripartite consultations can lead to more balanced and worker-friendly laws.
Potential Impact on Trade Union Movements in Pakistan
The Labour Code 2024 poses a serious threat to the trade union movement in Pakistan. By weakening worker protections and promoting contractual employment, the code undermines the power of unions to advocate for workers’ rights. This could lead to a significant decline in union membership and influence.
The Role of Provincial Labour Departments
Critics also point to the provincial government’s involvement in drafting the Labour Code 2024. They argue that the Sindh and Punjab labour departments have failed to protect workers’ interests and have instead sided with employers. This represents a major failure of governance and a betrayal of the labour force.
The Labour Code 2024, as it stands, is not in favour of workers in Sindh and Punjab. Its provisions for contractual employment, lack of consultation, and exemptions for employers pose significant threats to workers’ rights and welfare. It is crucial that labour representatives, the government, and international bodies work together to create fair and effective labour laws that truly protect and empower workers.
