World came into being with errands and myths, created a trait which would carry out those errands. Humans are experts of creating history of sufferings and justifying the cause of this suffering. To name a major, it will be called as ‘Racism’ either of political, religious or institutional  kind. It came to human mind as an idea of from the devil as it started out all the discrimination from ethnic groups to skin color.

The concept of slavery can be traced down from the era of Pheron the Egyptian king

The concept of slavery can be traced down from the era of Pheron, the Egyptian king. The oldest known slave society was the Mesopotamian and Sumerian civilizations located in the Iran/Iraq region between 6000-2000BCE. The oldest known written reference of slavery is found in the Hammurabi Code of 1754 BCE which states  that “If anyone take a male or female slave of the court, or a male or female slave of a freed man, outside the city gates, he shall be put to death”(Slavery of History). Aristotle compared the salves with domestic animals claiming them as living tools, while Plato advocated the concept that it is better to rule over the inferior.

It won’t be wrong to say half of world’s wealth comes from the labor of working class which is why Karl Marx insisted for the labor of the world to unite against the history of injustice that’s been prevailing upon them by capitalists. In modern wolrd discrimination is known through African black people who were treated in a terrible manner by White Europeans such as 2014 controversial case of a 12-year-old in Georgia who faced expulsion and criminal charges for writing the word “hi” on a locker room wall. A white female classmate who was also involved faced a much less severe punishment (law.columbia.edu/new). No doubt several of such cases lead the freedom movement of Nelson Mandela. In 1864 first international workingman’s association was developed by communist league of Karl Marx. It unites the labor to discus common issues and solutions.

Surplus theory stated, Capital, the product of working man, produces, sells to the worker by destroying small producers and by creating an army of unemployed

Surplus theory stated, Capital, the product of working man, produces, sells to the worker by destroying small producers and by creating an army of unemployed. It is clearly the case in industry that large-scale production has a dominant position. Large-scale capitalism agriculture destroys peasants and small family farmers. Thus, with destruction of small-scale production capital leads to the increase in labor’s productivity and to the creation of a monopoly position for the association of big capitalists. This creates economic crisis (Marxism-labor).

Hercules the great philosopher said, ‘you can’t step twice into the same river’ for evolution is inevitable. Which is why United Nations General Assembly adopting the declaration of human rights in 1948 specified that freedom from slavery is a universal human right and it is to be prohibited in all its forms. The origin of labor laws can be traced back to the 17th century of Spain where a set of royal laws were created to govern American colonies and treatment of indigenous people.  It was an attempt to control forced labor.

18th century French revolution where ordinary people stood up against the king and demanded freedom, equality and democracy ended the monarchy. Hindu Manu Smriti was the ancient Hindu legal text written around 100 CE.  It laid out some early ideas on workers and employers ethics. The initial milestone of contemporary labor law was the British Health and Morals of Apprentices Act of 1802, championed by the elder Sir Robert Peel. Comparable laws aimed at safeguarding the youth were enacted in Zürich in 1815 and in France in 1841. In 1848, the first legal restriction on adult working hours was established by the Landsgemeinde (citizens’ assembly) of the Swiss canton of Glarus. Health insurance and workers’ compensation were first established in Germany in 1883 and 1884, while mandatory arbitration for industrial conflicts was implemented in New Zealand during the 1890s.

The more industrialized nations in the United States started to implement such laws towards the close of the 19th century

The advancement of labor laws in regions outside of Western Europe, Australia, and New Zealand was gradual until World War I. The more industrialized nations in the United States started to implement such laws towards the close of the 19th century.

Pakistan has labors laws some of which are the by products of British era such as Trade Unions Act, 1926; Industrial Employment (Standing Orders) Act, 1946; Industrial Disputes Act, 1947 and Factories Act, 1934. The 18th Amendment abolished the concurrent list, making Pakistan the third country without it. This decision should have been based on uniformity in labor laws as well. Balochistan increased workers’ benefits in 2021, with wages and gratuity increased from one to two months for each completed year of service, despite having the least number of industries (labour-legislation).

When we talk about Pakistan’s labor laws the labor right movement of Abdul Rehman (1944-1974) pops up

When we talk about Pakistan’s labor laws the labor right movement of Abdul Rehman (1944-1974) pops up. He built the strongest working-class movement in industrial area of Kot Lakhpat making it a platform where workers come together for strikes over issues of injustice and fair wages. People mostly gathered under Abdul Rehman’s flag against injustice. His organization is also known for the set back of the regime of Ayub Khan and also after him during Bhutto era minimum wage rates were increased and more rights were granted to labor community.

Half of the human race is working either under a superior authority or independently as business owners. To balance the equity of these workers population there are labour laws which explicitly grant the rights of both employees and employers. Industrial & Commercial Employment Ordinance 1968 Section 11 grants the right of strike with the condition of prior notice, to the extent that even in detention of a worker for more than a hour he shall be entitled to receive wages.

It is just that we aren’t brave enough to stand together against the unjust bourgeoisie who themselves are nothing without labor community

Similarly Section 12 states that permanent employees must be given one month legal notice in case of termination of employment. In Sakihb Zar Vs K-electric limited case (2024 SCMR 1722 supreme court) termination of service was made for the workman because he was absent for 10 days without leave. The  Trial forum and High Court did not find this very reason as misconduct therefore, reinstated the petitioner/workman in service. Workmen’s Compensation Act 1923 awards the compensation to anyone who in the course of duty gets injured or dies. In conclusion, it’s not that there are no laws to safeguard the rights of labour.  It is just that we aren’t brave enough to stand together against the unjust bourgeoisie who themselves are nothing without labor community.

Disclaimer: The opinions expressed in this article are solely those of the author. They do not represent the views, beliefs, or policies of the Stratheia.

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  • Advocate Amina Noor

    Advocate Amina Noor Punjab Bar Member a LLB Hons graduate of 2022 of University Of The Punjab. Practicing taxation since June 2022 yen with the motive of promoting a peaceful world which is why she participated in the Goe Peace International essay writing contest a year ago.

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