PROHIBITION ON FORCED AND COMPULSORY

LABOUR
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.
The pre-partition (before independence of Pakistan in 1947) law to
control forced labour by children was Children (Pledging of Labour)
Act, 1933, which aimed to prohibit the making of agreements to pledge
the labour of children, and the employment of children whose labour
was pledged by parents or guardians. While in the post-partition era,
Article 3 & 11 of the Constitution of Pakistan guarantee the abolition of
bonded labour and require the state to gradually eliminate all forms of
exploitation. Article 11 declares that slavery is non-existent and
forbidden and no law can be made to permit or facilitate its introduction
in Pakistan in any form. All forms of forced labour are prohibited. The
only exceptions allowed are compulsory labour as part of punishment
ordered by a Court of law or works required by a law for public purpose
but this too is subject to the condition that no compulsory service shall
be of a cruel nature or incompatible with human dignity.

Bonded labour is also covered by Article 3 of the Constitution, which

says “The State shall ensure the elimination of all forms of exploitation
and the gradual fulfillment of the fundamental principle, from each
according to his ability to each according to his work.” Since bonded
labour admittedly amounts to exploitation and a bonded labourer has
neither opportunities of working to his ability nor does receive
remuneration according to the work performed, its eradication is
regarded as constitutional obligation.

Bonded labour is barred under Article 14 of the Constitution (which

prohibits violation of the dignity of man and torture), Article 15
(freedom of movement and residence,), and Article 37 (e) (the State’s
obligation to make provision for securing just and humane conditions of
work). Keeping a person under bonded labor is to deprive him/her of the
fundamental freedoms like freedom of movement (Article 15), freedom
of assembly (Article 16), freedom of association (Article 17), freedom of
profession (Article 18), freedom of speech (Article 19) and the right to
be equal citizen (Article 25). These constitutional provisions have been
given effect by enacting various laws. Following laws give effect to the
Constitutional provisions on bonded labour: 

Legislation on Bonded/Forced Labour

1. Children (Pledging of Labour) Act, 1933

2. Bonded Labour System (Abolition) Act, 1992 (applicable to ICT
and Balochistan)
3. Bonded Labour System (Abolition) Act, 1992 (adopted by Punjab
in 2012)
4. Khyber Pakhtunkhwa Bonded Labour System (Abolition) Act,
2015
5. Sindh Bonded Labour System (Abolition) Act, 2015
6. Punjab Prohibition of Child Labour at Brick Kilns Act, 2016
7. Prevention and Control of Human Trafficking Ordinance, 2002
8. The Punjab Tenancy Act, 1887
9. The Sindh Tenancy Act, 1950
10. The NWFP Tenancy Act, 1950
11. The Baluchistan Tenancy Ordinance, 1979
12. Pakistan Penal Code 1860

Bonded Labour System (Abolition) Act, 1992 abolishes bonded labour

and targets customary arrangements that lead to bonded labour. It also
ends any debts that existed which led to individuals being forced into
labour to pay off the debt. The other specific laws, which deal with
forced labour, include Prevention and Control of Human Trafficking
Ordinance, 2002 (to curb economic and sexual exploitation) and
Pakistan Penal Code, 1860 (to suppress economic and sexual
exploitation).
The Bonded Labour System (Abolition) Act provides for the abolition of
bonded labour system in the country. The practice of bonded labour is a
punishable offence after enactment of this act (with imprisonment for a
term which shall not be less than two years nor more than five years, or
with fine which shall not be less than fifty thousand rupees, or with
both). Similar provisions are found in the newly enacted legislation of
Khyber Pakhtunkhwa and Sindh. Vigilance Committees are formed at
the district level to keep an eye on the working of law and help in
rehabilitation of freed bonded labour.

In accordance with the Prevention and Control of Human Trafficking

Ordinance 2002, if a person knowingly plans or indulges in human
trafficking in and out of Pakistan for the purpose of attaining any
benefit, or for the purpose of exploitative entertainment, slavery or
forced labour or adoption in or out of Pakistan, he/she shall be
punishable with imprisonment which may extend to seven years and
shall also be liable to fine.

Pakistan Penal Code also has provisions regarding forced or bonded

labor/slavery. Section 370 of the Penal Code prohibits from buying or
disposing of any person as a slave. A person, who imports, exports,
buys, sells or disposes of a person as a slave or receives or detains
someone, as a slave shall be punishable for a term of at most 7 years and
a fine.  Section 371 of PPC recommends the punishment of
imprisonment of at most 10 years in length and fine for a person who
habitually deals with slaves (as an occupation). In accordance with
section 374 of the Penal Code, whoever compels a person to compulsory
labor (forced labor), without his own intent, shall be punished with an
imprisonment of at most 5 years, or fine or both.

The institutional framework exists at the provincial level to implement

the provisions of conventions and recommendations. There are
provincial labour departments, Provincial Police and Home department,
Ministry of Interior (at federal level) and its attached departments
including Federal Investigation Agency. 
FREEDOM TO CHANGE JOBS AND RIGHT TO QUIT
In accordance with the Article 18 of the Constitution of Pakistan, "every
citizen shall have the right to enter upon any lawful profession or
occupation, and to conduct any lawful trade or business". Thus, workers
are free to choose their occupation and leave their employment as and
when they desire after fulfilling necesasry procedure. Workers have the
right to change jobs after serving due notice on their employer.(S.O. 12
of Standing Orders Ordinance, 1968). Similar provisions are found in
the Khyber Pakhtunkhwa and Sindh legislation on the subject.

Fore more information on this, please refer to the section on

employment security. 

INHUMANE WORKING CONDITIONS

Normal working hours in Pakistan are 48 hours a week. The overtime
hours from 24 hours a week (Khyber Pakhtunkhwa), 12 hours a
week/624 hours a year (Balochistan, ICT and Punjab) and 150 hours a
year (Sindh). In most of the cases, the maximum working hours
inclusive of overtime hours exceed 56 hours per week threshold.