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199 Sir Kolachi Assignment
199 Sir Kolachi Assignment
199 Sir Kolachi Assignment
Before discussing it in light of laws, we must know what child labour is known for,
WHAT DOES CHILD LABOUR MEAN? According to ILO and UNICEF, all work done
by children can’t be classified as child labour. So, there is a need to differentiate
between child labour and child work. If work is not affecting the health and
personal development as well as the schooling of children, then this type of work
can not be taken negatively and does not fall in the category of child labour, e.g.
assisting in family business or working during school holidays or after school
hours. These activities are not “child labour”, rather these can be termed as ‘child
work’. Child work is not only important for the personal development of children
but it also provides them with necessary skills to be useful and productive
members of a society.
According to ILO, Child Labour is defined as work that has the potential to deprive
children of their childhood, their dignity and is also harmful for their physical,
moral and mental development and it interferes with their education (either by
not allowing them to attend school, leaving school prematurely i.e., without
compulsory education or forcing them to combine school attendance with heavy
work.)
It is a term defining the work that deprives children of their childhood, their
potential and their dignity, and that is harmful to physical and mental
development.
interferes with their schooling by: depriving them of the opportunity to attend
school; obliging them to leave school prematurely; or requiring them to attempt
to combine school attendance with excessively long and heavy work.
Hazardous child labour or hazardous work is the work which, by its nature or the
circumstances in which it is carried out, is likely to harm the health, safety or
morals of children.
work which exposes children to physical, psychological or sexual abuse;
work with dangerous machinery, equipment and tools, or which involves the
manual handling or transport of heavy loads;
work under particularly difficult conditions such as work for long hours or during
the night or work where the child is unreasonably confined to the premises of the
employer.
Both the Constitution and Labour laws prohibit the employment of children
before the age of 14 years.
Constitutional Provisions
• Article 3: the state shall ensure the elimination of all forms of exploitation and
the gradual fulfillment of fundamental principle, from each according to his ability
and to each according to his work.
• Article 11(3): No child below the age of 14 years shall be engaged in any factory
or mine or any other hazardous employment.
• Article 25(A): The state shall provide free and compulsory education to all
children of the age of five to sixteen years in such manner as determined by law.
• Article 37(e): The state shall make provision for securing just and humane
conditions of work, ensuring that women and children are not employed in
vacations unsuited to their age or sex, and for maternity benefits for women in
employment.
The Constitution of Pakistan contains provisions for the economic and social well-
being of the people and for the promotion of social justice. Fundamental rights
with regard to the security of life or liberty, prohibition of slavery and forced
labour, and the right to form associations or unions, among others, are enshrined
in the Constitution. Article 11 of the Constitution of Islamic Republic of Pakistan
guarantees that “no child below the age of fourteen years shall be engaged in any
factory or mine or any other hazardous employment. Realizing the crucial role of
education in eradication of child labour, Article 25-A was added to the
Constitution under the 18th Constitutional Amendment 2010, requiring the state
to provide free and compulsory education to all children of the age of five to
sixteen years. Education is the one of the most effective means of controlling and
combating child labour. Similarly, Article 37(e) of the Constitution requires the
State to make provision for securing just and humane conditions of work,
ensuring that children and women are not employed in vocations unsuited to
their age or sex.
The minimum age for admission to work is set under the Mines Act 1923 (15
years), Factories Act 1934 as well as its provincial variants enacted after
devolution (14 years), Shops & Establishments Ordinance 1969 and its provincial
variants enacted in Sindh and Khyber Pakthunkhwa (14 years) and Road Transport
Workers Ordinance 1961 (18 years). The minimum age for starting work is 14
years under the Khyber Pakhtunkhwa Prohibition of Employment of Children Act,
2015 and Sindh Prohibition of Employment of Children Act, 2017. The minimum
age for admission to work is raised to 15 years under Punjab Restriction on
Employment of Children Ordinance 2016. The minimum age for admission to
work is also set as 14 years in draft legislation by Balochistan. The minimum age
for admission to work is raised to 15 years in draft legislation of Islamabad Capital
Territory (a private member bill submitted in the Senate of Pakistan, the upper
house of the Parliament).
The minimum age for light work, in line with provision of Convention 138, is
prescribed under the Khyber Pakhtunkhwa Prohibition of Employment of Children
Act, 2015 which states as follows: Section 3. Prohibition of employment. (1) No
child shall be employed or permitted to work in any establishment:
Provided that a child not below the age of 12 years may be engaged in the light
work, alongside his family member, for a maximum of two hours per day mainly
for the purpose of acquiring skills, in a private undertaking, or in any school
established, assisted or recognized by Government for such purpose.
The provisions on light work are also found in legislation of Sindh province
prohibiting employment of children.
The minimum age for hazardous work is set as 14 years under the Employment of
Children Act 1991 (applicable currently in Islamabad Capital Territory (ICT),
Balochistan and Sindh). After devolution, Khyber Pakhtunkhwa, Punjab and Sindh
Province have enacted necessary legislation raising the minimum age for
hazardous work to 18 years, in line with the provisions of Convention 138. The
minimum age for hazardous work is raised to 18 years in the draft legislation for
Islamabad Capital Territory and Balochistan. There are also Hazardous
Occupations Rules, framed under the Factories Act which prohibit employment of
children in certain hazardous occupations (lead, rubber, sand blasting, chromium,
etc.). The worst forms of child labour, as described under Convention 182, are
regulated and prohibited under various Acts including Pakistan Penal Code 1860
and Prevention and Control of Human Trafficking Ordinance 2002. The Punjab
Restriction on Employment of Children Act 2016 and Sindh Prohibition of
Employment of Children Act 2017 also prohibit worst forms of child labour, as
specified under Convention 182, and prescribes stringent penalties.
Factories Legislation
In the local limits assigned to him, an Inspector reserves the authority to:
Look into accidents or any life-threatening eventualities that have or could give
rise to injuries on the body and or lead to disabilities. He reserves the right to
question any individual considered helpful in reaching to the bottom of the
findings.
Take hold of copies of all registers, records and any other document and portion
that he deems to be a necessity in any offense stated in the Act that has been
committed.
Give the order that any occupiers of the factory premises should refrain from
trespassing stated areas be it generally or particularly, for as long as it is required
for the reasons of examination stated in clause (ii).
Direct any article or substance in any place that seems to be the cause or has the
possibility of causing harm to the safety or health of workers to be dismantled or
take it through processes of testing with the permission to destroy it only if it is
mandatory in accordance to this Act. He may also take the article or substance
into custody for the required duration of time for the completion of the
examination.
Any other rules that may be formed by the State Government hold the mentioned
authorities of an Inspector subject to them.
Inquire for the medical examination of a suspected minor working in a factory (S.
75).
Collect samples of substances that are used and or are set to be used in a factory
with the objective of determining whether the substance is harmful to the health
of the factory workers.
ii. Appropriate laws and legislation should be enforced to improve the working
conditions and provision of support facilities for those man and women who are
already in labour market.
iv. It has been observed that in the existing database the concepts underlying the
developed to encourage the desired changes in the society and attitudes through
mass media.
vi. The Ministry of Women’s Development should play its role in devising and
employment.
vii. For the amending and enhancing laws for men and women who are already in
the job market the provision of support facilities like, childcare centres, working
women’s hostels should be provided.
viii. The laws and legislations should be enforced strictly to improve the working
conditions of women, but also to provide them with the benefits to which they
are
ix. There is also a need to create awareness among women of their rights and the
legislation protecting them. For this purpose, effective trade unions for women
should be formed.
xi. Social protection should be provided to women working in the informal sector
by increasing their wages, improving their working conditions and reducing
training programmes.
xiii. However, the agricultural and rural development programmes should focus
on
Ans. Female participation is more important particularly for the economies where
female from where the women constitute more than half of population of
Pakistan but their labor market participation is exceedingly low.
Higher participation of males and females increases a countries potential for rapid
growth.
There are several factors that induce women to participate in labor market. Such
factors are very complex and vary at individual and aggregate level. Among such
factors accessability of jobs, women education and personal skills are factors
which impact at individual level while there are factors which impact on
socioeconomical on aggregate level.
Factors including marital status, household income, area of residence, number of
children, household head education level appeared to be negatively related with
females' labor force participation.
The women having poor background are forced to be a part of labor market to
fulfill the economical requirements of their families. So, the financial pressure is
considered an economic factor that pushes the women to participate in the
labour market. Mostly the women who participate in labour market belong to
poor families.
Other factors that increase output level are experience and on-job training
Demographic factors like, age and family size play very vital role in the social and
economic development of a country. It is very important to take the demographic
statistics in order to draft the plans, framework of economic policies and to judge
the growth and development of any country. Large number of family members
and dependency burden force the women to enter into labor market.
Supply side factors like children's education, father's income, employment status,
mother's income etc. Supply side factors have been considered as females labor
force participation decision mainly depends on household factors (why? explain).
To examine the impact of determinants of females’ labor force participation, the
study included in the study are: age, age square, marital status, level of education
of females, household income, number of children, household head employment
status and education of household head, area of residence and province.
Women contribution in labor market has gained much importance in the
Developing world due to its significant impact on country’s socio economic
development.
A. Family Factors
market; so they reduce hours of work in labor market. Most of the empirical
studies conducted in Pakistan and other developing countries have found family
income as an important factor which has inverse relationship with females’ labor
force participation.
Contribution of a married female’s earnings in her family varies inversely with the
net worth of family’s assets.
Other studies also found the same negative relationship between assets
ownership and females labor force participation by examining field survey data of
different districts of Punjab Females’ decision about labor market participation is
also dependent on employment status of family head or husband. There are more
chances that a female will do job if her husband has temporary job or no job, the
impact of spouse participation in economic activities on labor participation
decision of females using field survey data of district of Punjab, Pakistan.
Results found that a female was less likely to work in labor market if her husband
participated in economic activities.
Many studies have found family size an important significant factor to affect
females’ employment decisions. Studies in Pakistan found contradictory results
regarding the impact of this factor on females’ labor force participation. Some
studies found that family size was negatively related with women employment
decision. Due to large family size, females have more households’ responsibilities
and give more time to family which in result will decrease their chances to
participate in labor market. Other studies found that large family size increases
the probability that females will work in paid activities. Family expenditures
increased if there were more members in the family which in run would induce
females to work for earnings to contribute in family’s financial resources.
Structure of family also played an important role in labor market decisions of
females. It is analyzed that females living in joint system shared household
responsibilities with other family members and could decide for work if they got
any opportunity.
Number of workers other than husband also changes females’ decision about
employment. More workers in a family reduces family financial burden which in
turn decreases chances of females participation in labor market. It was found that
presence of more workers in a family motivated females to participate in labor
market.
Educated females belonging to rural areas are less likely to participate in formal
jobs, like teaching, health, and others because females in these areas have lack of
access to quality education and employment opportunities in their areas. Some
studies also found that females in rural areas have more participation in labor
market as compared to females in urban areas Females’ employment decision is
also influenced by education of husband or household head. Higher level of
husband’s education is associated with higher family earnings which in turn
reduces the probability of females’ participation in paid work. Studies have also
found that women with educated husbands have more probability to work in
labor market as compared to the women with uneducated husbands.The reason
might be that educated husbands are unbiased towards negative social and
cultural norms and give permission to females for labor work.
B. Personal Factors
Females’ age positively affects their labor force participation decision as disclosed
in many empirical studies in case of Pakistan. Young females cannot get good Job
due to lack of education and training. As their age increases, they improve
qualification and find better employment opportunities, which in turn increase
their chances to get paid work.
Some studies have also included square of age variable in their model and found
inverted U-shape relationship between age and females labor force participation.
Females are more likely to participate in labor market when their age increases
but after certain limit their chances of participation for paid work starts
decreasing. After certain age limit, their physical health condition does not allow
them to do more work. Mothers at higher age have less probability to go for paid
work as family’s financial burden is also shared by their children. Some studies
found negative relationship between age and labor market participation in case of
females. They are of the view that young females are more energetic and have
less household responsibilities which increases their chances to participate in
labor market.
Females’ participation in the labor market varies directly with their level of
education. Educated females have more probability to work in market as
compared to uneducated or less educated females. Educated females find better
employment opportunities and good salary jobs which in turn increases their
chances to participate in market work.
Marital status is also an important factor in females’ employment decision. A mix
of positive and negative effects of marital status on females’ labor force
participation decision is found in different studies. After marriages, females have
more responsibilities and family constraints, so there is less probability that
females could participate in labor market. The studies which find positive affect of
marital status on females’ employment decision after marriage justify it by
maintaining that females’ feel the need to share family financial burden.
Informal sector means that part of economy which falls outside the formal,
regulated sector.
The informal sector can be classified into seven aspects; ease of entry, reliance on
indigenous resources, family ownership of enterprise, and small scale of
operation, labour intensive and competitive market However, the dichotomy of
formal and informal sector cannot be sharp and definite. In practice, informal
sector is comprised those workers working in enterprises less than ten and those
workers who are employed as contract labour, or short-term employees in the
larger enterprises i-e those who are not formally registered as employees, like
unregistered family and small establishments employing less than ten workers.
This informal sector with middleman, who provides women work and pays her for
it, isolate her in household and consequently and meagre wage paid on the basis
of the quality of work regardless of time and labour spent on it. In informal sector,
women workers are not only concentrated into low-paying jobs but their pay is
also lower than that of men working in equal categories. Because informal sector
mainly rests on manual work, therefore, women face pay discrimination. In this
sector, average earning of men and women of actual qualifications and equal job
widely differs. Even after adjustment for differences in hours of work, age and
schooling, the earning of women does not equal those of men.
According to a study, in Pakistan urban informal sector, women’s wage were less
than half of those of men, and they also had limited access to economic and social
resources like credit and human development facilities,
According to many evidences and micro studies, rural women in Pakistan spend
16 to 18 hours daily on domestic chores and livestock related activities. However,
these activities are unrecognised in monetary terms. The one-third of rural
employed women earns meagre income as piece rate workers. Most of the
women in rural areas are working on countryside or on their own dwellings.
Having a long working day, women’s contribution towards household income and
to the national economy is considered as significant.
Basically, rural women form 29.8 percent of total labour force in rural areas
(Economic Survey: 2008-2009). The largest share of the female labour force in
rural areas consists of women who are economically active within the household
only. The available data indicated a gradual decline in the female labour
participation rates after the adaptation of mechanisation and commercialisation
of agriculture at optimal level. A decline has been observed in female labour
participation rates in two Agricultural Census (1980-1990), and two labour Force
Surveys (1987- 1988) and (1997-1998) with an interval of decade.
Lower rates of female participation in waged employment in rural areas not only
have statistical but also have cultural biases, coupled with the changes introduced
to the mode of production in rural economy which further aggregated already
adverse conditions of rural women with the commercialisation of agriculture. In
fact, the commercialisation of agriculture has widened the gap between male and
female. Many evidences reveal that male-female earning differentials in rural
areas are very low in rural areas. Rural women used to earn quite a bit of income
from poultry keeping, sale of dairy industries like ghee, milk and butter. With the
growth of modern poultry and dairy industries sale of village poultry or eggs has
declined sharply and now men replaces women to sell milk and ghee to dairy
processors. Village poultry and ghee sale, a women’s preserve has declined.
Therefore, their personal income has declined as well.
Moreover, in rural areas, the contribution of women in the family income is also
extremely low, i.e., rural women contributed only 5.8 % to household income.
This appears to be inversely proportional to the participation rates of women in
the labour force which are much higher for rural women (35.9%) than for urban
women (10.7%). This is largely due to the occupational structure and employment
status of rural women.
Women in Pakistan face a number of problems and constraints while they seek
for employment, which can be broadly seen as the socio-cultural constraints and
problems relating to the workplace. The socio-cultural problems hinder the access
of women to employment since they stem from the traditional patriarchal norms
of the society which support the sex- stereo typing and gender bias. These
constraints also cause problems for working women in both the formal and
informal sectors. A majority of women can be found working in the informal
sector is due to the fact that such constraints have a great weightage against
employment of women in the formal sector.
patriarchal setting, which has always dominated women and has created a spell of
uncertainties on them by constraining their participation in the process of
development and empowerment. In most of the cases women are only permitted
to acquire education and training if it conforms to the socially accepted roles of
women and train them as housewives or other household related activities.
Because man is considered as breadwinner thus, female employment is accorded
less social acceptance as it lower the
status of the family, unless women are engaged in relatively well paid jobs receive
higher professional qualifications like in certain areas of education and health
fields.
But this concept cannot be applied universally in Pakistan as there are regional,
social and class differences. For example, in relatively wealthier or middle class
communities of the province of Baluchistan and Khyber Pukhtoon Khawah, the
mobility of women is less than in the province of Sindh and Punjab. Punjab shows
more tolerance for the working women in rural, as well as in urban areas. The
presence of a large number of cities and industrial developments has contributed
to the change in attitudes towards working women.
Conclusion
Participation in labour market is an efficient strategy for strengthening women’s
empowerment and also bargaining power within and outside the household. At
present, the majority of working women are the destitute women and it is their
economic condition which pushes them in the labour market. Further, female
employment is also constrained either due to the non-availability of self-
employment opportunities or the existence of culture inhibitions in seeking lower
status, and lowwaged employment outside the household. It is arguedthat
through employment and other income-generating activities women’s economic
position improves and this leads to a better treatment they receive from their
household. Moreover the central message of many Development agencies that
are facilitating economic empowerment of women is also that the credit,
employment and other income generating means as well as social development
are prerequisite for empowerment of women. Nonetheless, women are
economically invisible. By gaining economic empowerment, they will get both
visibility and a voice in decision-making process within the household, workplace
and in society. By giving equal economic opportunities, they not only would
contribute to the earnings of household but also become major contributors or
equal to men to nation economy. As women gain economic strength, the
attitudes of their family members and society, as a whole towards them would
change.