(Gaz. of Pak. Extr. Pt. II
Oct. 10, 1982, p. 1598--1983PLS 12.)
S.R.O. 1003 (I)/82.‑Islamabad,
the 10th October, 1982.‑in exercise of the powers conferred by section 26 of
the Export Processing Zones Authority Ordinance, 1980 (IV of 1980), the Federal
Government is pleased to make the following rules, namely:‑
1. Short title and
commencement.‑(1) These rules may be
called the Export Processing Zone (Control of Employment) Rules, 1982.
(2) They shall come into
force at once.
2. Definitions.‑‑In these rules, unless there is anything
repugnant in the subject or context,‑‑
(i) "employee"
means a person employed or engaged for hire for any pecuniary consideration to
work within a Zone and includes a worker and workman ;
(ii)
"Ordinance" means the Export Processing Zones Authority Ordinance,
1980 (IV of 1980) ; and
(iii) all other words
and expressions used but not defined in these rules shall have the meaning
assigned to them in the Ordinance.
3. Terms and conditions
of service.‑‑(1) The service of an
employee shall be governed by the terms and conditions as laid down in his
letter of appointment issued under sub‑rule (2) by the employer under his
signature and accepted by the employee.
(2) The employer shall
issue a letter of appointment in duplicate containing the agreed terms and
conditions of employment in detail to every employee except to a person engaged
on day‑to‑day basis.
(3) The employee shall
put his signature or thumb impression on the duplicate copy of his letter of
appointment in token of his acceptance and return the same to the employer.
(4) The employer shall
be responsible to make payments of all contributions which would have been
required to be paid by the employer under section 2 of the Provincial
Employees' Social Security Ordinance, 1965 (West Pakistan Ordinance No. X of
1965), and section 9 of Employees' Old‑Age Benefits Act, 1976 (XIV of 1976),
had the Zones not been exempted from the provisions thereof.
(5) The Authority may
from time to time issue instructions to employers regarding minimum wages,
payment of wages, over‑time work, leave, holidays, daily and weekly working
hours, health and safety measures and other compensations not specifically
mentioned in these rules and the letter of appointment issued under sub‑rule
(l) and any violation of the instructions so issued shall render the sanction
for the establishment of the industrial undertaking Liable to be cancelled.
(6) Any agreement of
employment contrary to these rules shall be void.
4. Prohibition off
Strike.‑No employee shall‑‑
(a) retrain from or
refuse to work or go slow on strike, or
(b) commence continue,
instigate, incite or compel others to take part in or support, go slow or
strike.
5. Termination of
service.‑The service of an
employee array be terminated by an employer in accordance with the terms and
conditions contained in his letter of appointment referred to in sub‑rule (1)
of rule 3:
Provided that: if tire
letter of appointment contains provisions in that behalf the employer may
terminations of the service by giving thirty days notice its writing or on
payment substantive pay or wages in lieu thereof.
6. Resignation ‑An employee may resign from service by giving
thirty days notice in writing or an payment of substantive: pay or wages in
line thereof,
7. Adjudication.‑(1) An employee snag, refer a dispute as to the
term and conditions of his service or interpretation of these rules, within
thirty days of an order passed by the employer, to the Labour Welfare Officer
of the Zone, to be appointed by the Authority for the purpose.
(2) Upon receipt of an
application under sub‑rule (1), the Labour Welfare Officer shay, after herring
the partitas, adjudicate and determine the dispute.
(3) The derision of the
Labour Welfare Officer shall be in writing,
(4) Any party aggrieved
by a decision of the Labour Welfare Officer may, within thirty day of the date
thereof, file an appeal to the Manager, Labour, of the Zone, to be appointed by
the Authority for the purpose.
(5) An appeal filed
under sub‑rule (4) shall be heard arid determined by the Manager, Labour, whose
decision shall be final.
(6) If the parties to a
dispute or appeal, at any time before the final decision of the case, satisfy
the Labaur Welfare Officer or Manager, Labour, that the dispute has beets
received amicably, such dispute or appeal may be allowed to be withdrawn.
(7) No counsel shall be
allowed to appear in any proceedings before the Labour Welfare Officer or the
Manager, Labour
Provided that the
employer may be represented by an officer nominated by him for this purpose.
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