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Wednesday, May 11, 2016
Foreign Ladies Married to Pakistani Nationals
Saturday, April 16, 2016
Legal definition of "Worker" "Workman" in various Acts.
WORKMAN:
Section 2
of the Factory Act 1934
"worker" means a person employed (Words added by Act XVI of 1973, s.2(a).)[directly or
through an agency] whether for wages or not, in any manufacturing process, or
in cleaning any part of the machinery or premises used for a manufacturing
process, or in any other kind of work whatsoever incidental to or connected
with the subject of the manufacturing process, but does not include any person
solely employed in a clerical capacity in any room or place where no
manufacturing process is being carried on;
Explanation
See. 2 (h) "worker" ‑‑‑A person who works in a
factory whether for wages or not in any of the ways enumerated in this clause
is deemed to be employed in that factory. It is immaterial who employs him‑whether
the factory owner, or a contractor or someone else. The definition has a wide
scope and also includes persons employed in repairing machinery or putting up
new machinery, even if such machinery is not in actual use at the time.
It should be noted that persons employed merely for selling
the manufactured articles do not come within the above definition, for they
have nothing to do with work, incidental to or connected with the manufacturing
process.
Persons solely employed in a clerical capacity in any
room or place where no manufacturing process is being carried on (e. g. in the
manager's office) are not covered by the above definition. But clerks working
in those rooms or places where manufacturing process is being carried on (e.
g., clerks keeping records of cloth production in the weaving room) are covered
by the definition.
The Supreme Court of India had occasion to interpret
this expression. It held that in determining whether a person employed in a
factory is ‑worker" the prima facie test is the existence in the employer
of the right not merely to direct what work was to be done but also to control
the manner in which it was to be done. The nature of the control varies in
different industries and. by its nature is incapable of being precisely
defined. The decision on the question would, therefore, depend on the facts of
each case.
Certain persons were employed in preparing biris in
the premises of a factory on piece‑rates and the conditions were that they
could work only in the factory premises and nowhere else, that if they did not
reach the factory before mid‑day they were not given any work, that they could
be removed if they were absent for eight days continuously and that the biris
prepared by them were liable to rejection if they did not come up to the
standard, the Court held that the employees would fall within the definition of
"worker". (S.C. (Ind.) Bridh Chand Sherma vs. First Civil Judge,
Nagpur and others. 1961 LLC 228=1961 11 LLJ 86=1961 PLC 979].
A mali (gardner) is not a 'worker' as he is not
employed in any manufacturing process. [Khewra Soda Company Employees Union
vs. Khewra Soda Company, Khewra. 1961 LLC 505== 1961 PLC 639 (I.C.)]
WORKERS' CHILDREN (EDUCATION) ORDINANCE,
1972
ORDINANCE
NO. XI OF 1972
(c)
"Worker" means any person employed, whether directly or through any
other person, in any establishment to do any skilled, or unskilled, manual or
clerical work for hire or reward whose monthly wages do not exceed (Subs. For "one thousand" by labour Laws
(Amendment) Act. 1995. Sch. (XIV of 1985). Which again substituted for the
words “one thousand five hundred” ibid S.7 (a) (i). ) [three thousand)
rupees, but does not include‑‑
(i) person of the State including members of the Armed
Force Police Force, Railway servants;
(ii) Person employed in any undertaking under the
control of any defence organisation or railway administration;
Provided that a worker shall not cease to lx‑ a worker fur
the‑reason that his monthly wages exceed three thousand rupees or the number of
persons employed in the establishment, at any time is reduced to less than ten.
]
[Notes.‑‑
"Establishment" has been given a very wide definition. It covers any
business, trade; manufacture, calling, service or occupation. Bill all
establishments are not covered. As per section 3 only those establishments
employing ten or more workers are covered.
“Worker”‑‑Only those doing skilled, unskilled, manual
or clerical work for hire or reward, and getting upto Rs. 3000 p.m. are
included in the definition.
Whether a Particular employee falls within ambit of
definition of "worker".
Question to be determined not only by amount of
salary, but also by nature of employee's duty. Work of employee not answering description
of works mentioned in definition. Such employee, held, would not he covered by
Ordinance. The fact that a person .is drawing less than Rs.3000 will not make
him a worker within the definition of the Ordinance. But it is also to be
examined as to what is the nature of his duties. Karachi Electric Supply
Corporation Ltd. (Regd.) s. Director/Collector (Taxes). Excise & Taxation,
Karachi and another. 1H.C. (Kar.): 1981 PLC 396.]
THE WORKMEN’S COMPENSATION ACT, 1923
(n) " workman " means any person (other than a
person whose employment is of a casual nature and who is employed otherwise
than for the purposes of the employer's trade or business) who is ----
i)
a railway servant as defined in section 3 of the Railways Act, 1890, not permanently
employed in any administrative, district or sub‑divisional office of a railway
and not employed in any such capacity as is specified in Schedule II, or
(ii) employed on
monthly wages not exceeding one thousand rupees, in any such capacity as is
specified in Schedule II,
whether the contract of employment was made before or
after the passing of this Act and whether such contract is expressed or
implied, oral or in writing; but does not include any parson working in the
capacity of a member of naval, military or air forces and any reference to a
workman who has been injured shall, where the workman is dead, include a
reference to his dependants or any of them.
(2)
The exercise and performance of the powers and duties of a local authority or
of any department acting on behalf of the Government shall, for the purposes of
this Act, unless a contrary intention appears, be deemed to be the trade or
business of such authority or department.
(3)
The Provincial Government, after giving, by notifications in the Official
Gazette, not less than three months' notice of its intention so to do, may, by
a like notification, add to Schedule II any class of persons employed in any
occupation which it is satisfied is a hazardous occupation, and the provisions
of this Act shall thereupon apply within the Province to such classes of
persons
Provided
that in making such addition the Provincial Government may direct that the
provisions of this Act shall apply to such classes of persons in respect of
specified injuries only.
WEST PAKISTAN INDUSTRIAL AND COMMERCIAL EMPLOYMENT
(STANDING ORDERS) ORDINANCE, 1968
(i)
"workman" means any person employed in any industrial or commercial
establishment to do any skilled or unskilled, manual or clerical labour for
hire or reward.
Industrial Relations Act, 2008.
AS
PASSED BY THE MAJLIS-E-SHOORA
(PARLIAMENT)
(xxix) “worker” and “workman” mean person
not
failing
within
the
definition of employer who is employed
(including employment as a supervisor or as an apprentice) in an
establishment or industry for hire or reward either
directly or through
a contractor whether
the terms of employment express or implied,
and, for the purpose of any proceedings under this Act in relation
to an industrial dispute
includes a person who has been dismissed,
discharged, retrenched,
laid-off or otherwise removed from
employment
in
connection
with or
as
a
consequence
of
that
dispute
or
whose
dismissal,
discharge, retrenchment, lay-off,
or removal has led to that dispute but does not include
any
person
who
is
employed
mainly in managerial or administrative
capacity.
ACT X OF 2012
INDUSTRIAL RELATIONS
ACT, 2012
"worker" and "workman"
mean person not falling within the definition of employer who is employed
(including employment as a supervisor or as an apprentice) in an establishment
or industry for hire or reward either directly or through a contractor whether the
terms of employment are express or implied, and, for the purpose of any
proceedings under this Act in relation to an industrial dispute includes a
person who has been dismissed, discharged, retrenched, laid-off or otherwise
removed from employment in connection with . or as a consequence of that
dispute or whose dismissal, discharge, retrenchment, lay-off, or removal has led to that dispute but does not
include any person who is employed mainly in managerial or administrative
capacity.
INDUSTRIAL RELATIONS ORDINANCE, 1969
. "worker"
and "workmen" mean any person not falling within the definition of
employer who is employed (including employment as an apprentice) in an
establishment or industry for hire or reward either directly or through a
contractor whether the terms of employment be expressed or implied, and, for
the purpose of any proceedings under this Ordinance in relation to an
industrial dispute includes a person who has been dismissed, discharged,
retrenched, laid off or otherwise removed from employment in connection with or
as a consequence of that dispute or whose dismissal, discharge, retrenchment,
lay off, or removal has led to that dispute.
INDUSTRIAL RELATIONS
ORDINANCE, 2002
(xxx) "worker" and
"workman" means any and all persons not falling within the definition
of employer who is employed in an establishment or industry for remuneration or
reward either directly or through a contractor, whether the terms of employment
be express of implied, and for the purpose of any proceeding under this
Ordinance in relation‑to an industrial dispute includes a person who has been
dismissed, discharged, retrenched, laid‑off or otherwise removed from
employment in connection with or as a consequence of that dispute or whose
dismissal, discharge, retrenchment, lay‑off or removal has led to that dispute
but does not include any person who is employed mainly in a managerial or
administrative capacity.
BALOCHISTAN INDUSTRIAL RELATIONS ACT, 2010
(dd) "worker" and "workman" mean
person not falling within the definition of employer who is employed (including
employment as a supervisor or as an apprentice) in an establishment
or industry for hire or reward either directly or through a contractor whether
the terms of employment express or implied, and, for the purpose of any
proceedings under this Act in relation to an industrial dispute includes a
person who has been dismissed, discharged, retrenched, laid-off or otherwise
removed from employment in connection with or as a consequence of that dispute
or whose dismissal, discharge, retrenchment, lay-off, or removal has led to
that dispute but does not include any person who is employed mainly in
managerial or administrative capacity.
INDUSTRIAL DISPUTES ORDINANCE, 1959
(n)
"workman" means any person including an apprentice employed in any
industry to do any skilled or unskilled manual or clerical work for hire or
reward and includes, for the purposes of any proceedings under this Ordinance
in relation- to an industrial dispute, a workman discharged during that dispute
but does not include any person employed in the police or armed forces of
Pakistan.
THE INDUSTRIAL DISPUTES ACT, 1947
"workman"
means any person (including an apprentice) employed in any industry to do any
manual, unskilled, skilled,technical, operational, clerical or supervisory work
for hire or reward, whether the terms of employment be express or implied, and
for the purposes of any proceeding under this Act in relation to an industrial
dispute, includes any such person who has been dismissed,discharged or
retrenched in connection with, or as a consequence of,9 that dispute, or whose
dismissal, dischasrge or retrenchment has led to that dispute, but does not
include any such person—
(i)
who is subject to the Air Force Act, 1950 (45 of 1950),or the Army Act, 1950
(46 of 1950), or the Navy Act,
1957
(62 of 1957); or
(ii)
who is employed in the police service or as an officer or other employee of a
prison; or
(iii)
who is employed mainly in a managerial or administrative capacity; or
(iv)
who, being employed in a supervisory capacity, drawswages exceeding one
thousand six hundred rupees per
mensem
or exercises, either by the nature of the duties attached to the office or by
reason of the
powers vested in him, functions mainly of a managerial
nature. (
COMPANIES PROFITS (WORKERS PARTICIPATION) ACT, 1968
f) "workers" in relation to a company means an
employee of the company whose average monthly emoluments computed in the manner
set forth in the scheme do not exceed one thousand rupees per month and who has
been in the employment of the company for a period of not less than six months.
THE DOCK LABOURERS ACT, 1934
(b)
"worker" means any person employed in the processes.
Tea Plantations Labour
Ordinance 1962
"worker"
means a person employed in a tea plantation for hire or reward, whether
directly or through any agency, to do any work, skilled, unskilled, manual or electrical,
but does not include‑
(i) a medical officer at the tea plantation ;
(ii) any person whose monthly wages exceed five
hundred rupees; or
(iii) a person employed in a tea plantation primarily
in a managerial capacity notwithstanding that his monthly wages do not exceed
five hundred rupees ;
(k) "young person" means a. person who is
either a child or an adolescent ;
Thursday, March 24, 2016
Company Registration in Pakistan
According to the Companies Ordinance, 1984 there can be three different types of companies:
- A company limited by shares
- A company limited by guarantee
- An unlimited liability company
The following steps needs to be followed to create and register a company in Pakistan.
1. Seek approval on name of the company
The
first step towards incorporation of a company is to seek the
“availability of name” for the proposed company from the concerned
registrar of companies. Although, it sounds simple enough, but there are
certain prohibitions and restrictions, the applicants have to look into
while choosing a name for a company. This is the guideline for choosing a name.
2. Pay fee’s associated with incorporation and registration of the company
Post
receiving the name availability certificate from SECP , the applicants
have to file an application for incorporation. The fees associated
with the process can be paid using the relevant bank form at designated
branches of The Muslim Commercial Bank(MCB) in Pakistan.
Post payment of the fee, SECP then requires the applicant to submit the following documents
- Declaration of compliance
- Identification of office’s location
- Particulars of directors, secretary, chief accountant, auditors and other
- Copies of the Memorandum and Articles of Association with each member’s signature, where:
Memorandum
of Association explains your business sector of the company e.g.
Institution, Travel agency, Trading or manufacturing, Supply or chain of
stores. To put simply, MOA tells about the relationship of your company
with the outside world.
Articles
of Association lets know about the day-to-day proceedings within the
company i.e. what role CEO and directors would play, business concerned
meetings and the appointments of employees, in short- how the company
will run.
3. Obtain a digital signature and create a company seal
The
signature is granted by National Institutional Facilitation
Technologies (NIFT) and can be obtained by using the electronic services
of the SECP. After the certificate of incorporation is issued, the
company representatives may be required to present a company seal,
depending on the where the business will be head quartered or started.
Some states also require a corporation to have a corporate seal, which
is also sometimes referred as company seal.
4. Register for Income, Sales and Professional Taxes
To
register for Income tax, the company will have to to apply for a
National Tax Number (NTN) at the tax facilitation of the Regional Tax
Office (RTO) of the Federal Board of Revenue (FBR). The requirements for
this application include
- NTN form
- Proof of registration
- Memorandum and Articles of association
- Bank account number
- Copies of National Identity Cards (NICs) of companies’ Directors
- An attestation of business address
Sales
tax, like the income tax can be registered for, by applying for a Sales
Tax Number (STN) at the tax facilitation centre of the Regional Tax
Office (RTO) of the Federal Board of Revenue (FBR). For the professional
tax, provided it applies, the company will have to register with
Exercise and Taxation (ET) Department of the District.
5. Register with ESSI and EOBI
Depending on the location of the business, the company will need to register with
- Punjab Employees Social Security Institutions (PESSI)
- Sindh Employees Social Security Institution (SESSI)
- Likewise (BESSI) or (KPKESSI) for Balochistan and Khyber Pakhtunkhwa respectively.
Under
the Employees Old Age Benefits Institution (EOBI), insured employees
are entitled to a pension, upon retirement, invalidity in the case of
disability, old-age grant and survivor’s pension. Every industry or a
commercial establishment with five or more employees has to be
registered with the Federal Employees Old age Benefits Institution
(EOBI).
6. Register with the Labor Department of the District
To
safeguard the labor standard of the workers, all company’s are required
to registration with the District Chief Inspector of the labor
department in each district. For registration, employer must submit the
application form A accompanied with the relevant bank form.
Once
these requirements are met and vetted by SECP, the company is then
ready to become an independent operating body in Pakistan and will be
treated as such.
Source:
http://pakwired.com/registering-company-pakistan/
For Registration
Email: altaf012@live.com
For Registration
Email: altaf012@live.com
Monday, March 21, 2016
Law of Inheritance in Pakistan
According to Islamic law, legal heirs that are blood relations have a
right to a share in property after the death of a person. There are
specific verses in Surah An-Nisa which mention the exact formula that
must be followed to determine the share in inheritance.
Kinds of property
There are two kinds of properties that the legal heirs have the right to get: movable property, which includes cash and stock, and immoveable property, which includes land, house and vehicle.
Three documents are necessary to get share in a property: a death certificate issued by the municipality, a succession certificate issued by a court and a receipt issued by the local graveyard.
The succession certificate allows legal heirs to establish ownership of movable assets, such as bank deposits, certificates and bonds, stocks, insurance amount, etc. The legal heirs need a death certificate of the deceased along with details of subject assets, computerised national identity card of the legal heirs filing the application and to furnish the requisite surety.
Similarly, heirship certificates are used to determine the inheritance of property in the absence of a will of a deceased person in many foreign jurisdictions. The certificates are used in a situation where there is no dispute regarding the succession of the estate. If there is anyone who believes that he or she, too, is a legal heir, the legal heirship certificate will be denied and the appropriate proceedings will be instituted in court.
Heirship certificates are used during the probate process which can be issued to receive payments that the government owes to the heirs of the deceased person, and other areas of inheritance. It is an informal and non-binding certificate and may be challenged in court if a dispute should arise as to heirship of the estate. When employing a legal heirship certificate, the person who makes the affidavit should be certain there are no disputes between the parties who assert claims to the estate of the deceased.
Ownerless property
Any property that has no rightful owner will go to the province or the federal government under Article 172 of the Constitution. In Pakistan, few cases are reported that are about properties with owners, said Barrister Afzal Hussain, who deals with inheritance cases in Islamabad courts.
He explained that the majority of people are unaware of inheritance rights and hire lawyers to get property. In most cases, daughters and sisters surrender their inheritance rights, he added.
Last will
The will left by the deceased plays an important role in inheritance rights. According to Islamic laws, the will is a legal document that confers the interest up to a maximum of one-third of the entire property. Anything more than one-third can be challenged by the legal heirs in court.
The will is applicable to those people who are otherwise not entitled to a share under the law.
If any department refuses the right of the deceased, such as pension and old-age benefits, the deceased’s family can challenge it in the labour court by filing a grievance petition.
For those living abroad and fighting inheritance cases in Pakistan, the law allows them to give power of attorney to someone else. The Pakistani embassy or consulate will first attest the document before it is verified by the Foreign Office and then it can be submitted in court.
Link:
http://tribune.com.pk/story/797069/know-your-rights-inheritance-rights/
Kinds of property
There are two kinds of properties that the legal heirs have the right to get: movable property, which includes cash and stock, and immoveable property, which includes land, house and vehicle.
Three documents are necessary to get share in a property: a death certificate issued by the municipality, a succession certificate issued by a court and a receipt issued by the local graveyard.
The succession certificate allows legal heirs to establish ownership of movable assets, such as bank deposits, certificates and bonds, stocks, insurance amount, etc. The legal heirs need a death certificate of the deceased along with details of subject assets, computerised national identity card of the legal heirs filing the application and to furnish the requisite surety.
Similarly, heirship certificates are used to determine the inheritance of property in the absence of a will of a deceased person in many foreign jurisdictions. The certificates are used in a situation where there is no dispute regarding the succession of the estate. If there is anyone who believes that he or she, too, is a legal heir, the legal heirship certificate will be denied and the appropriate proceedings will be instituted in court.
Heirship certificates are used during the probate process which can be issued to receive payments that the government owes to the heirs of the deceased person, and other areas of inheritance. It is an informal and non-binding certificate and may be challenged in court if a dispute should arise as to heirship of the estate. When employing a legal heirship certificate, the person who makes the affidavit should be certain there are no disputes between the parties who assert claims to the estate of the deceased.
Ownerless property
Any property that has no rightful owner will go to the province or the federal government under Article 172 of the Constitution. In Pakistan, few cases are reported that are about properties with owners, said Barrister Afzal Hussain, who deals with inheritance cases in Islamabad courts.
He explained that the majority of people are unaware of inheritance rights and hire lawyers to get property. In most cases, daughters and sisters surrender their inheritance rights, he added.
Last will
The will left by the deceased plays an important role in inheritance rights. According to Islamic laws, the will is a legal document that confers the interest up to a maximum of one-third of the entire property. Anything more than one-third can be challenged by the legal heirs in court.
The will is applicable to those people who are otherwise not entitled to a share under the law.
If any department refuses the right of the deceased, such as pension and old-age benefits, the deceased’s family can challenge it in the labour court by filing a grievance petition.
For those living abroad and fighting inheritance cases in Pakistan, the law allows them to give power of attorney to someone else. The Pakistani embassy or consulate will first attest the document before it is verified by the Foreign Office and then it can be submitted in court.
Link:
http://tribune.com.pk/story/797069/know-your-rights-inheritance-rights/
Saturday, July 27, 2013
Study English - IELTS Preparation(Video Tutorials)
Download links
http://www.secureupload.eu/jczgc5ul34oi/Au.Ne-St.Eng.part1.rar
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http://dizzcloud.com/dl/1660ihc/Au.Ne-St.Eng.part2.rar
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