WEST PAKISTAN MATERNITY BENEFIT ORDINANCE 1958 Tahir Manzoor

WEST PAKISTAN MATERNITY BENEFIT ORDINANCE, 1958 Tahir Manzoor Gender Focal Person, Labour and Human Resource Department Punjab

PREAMBLE This is an Ordinance promulgated in 1958 to consolidate the law relation to employment of women in various establishments in the province of West Pakistan and the law is now applicable in all the provinces. It is a brief law containing 15 sections. Section 13 allows the provincial governments to make rules on various issues as it falls within the domain of provincial government; being an Ordinance, this has not been debated in the Parliament.

APPLICATION The law extends to the whole of in Pakistan but as per constitutional provisions, it does not automatically extends to FATA for which a specific notification is required to be issued by the President of Pakistan and the similar notification is required by the Governor of KPK to extend the operation of this law in the PATA.

PROHIBITION The employers are prohibited to engage any women in employment during the six weeks following the delivery of a child. This provision is practically misused by the employer not to give employment. A provision is required to be made in the law for curbing this exploitative and discriminatory practice and labor inspectors should be empowered to take care of this violation.

SECTION 2(D) Section 2(d) defines establishment as an organization whether industrial or otherwise. It does not specify whether the maternity benefits are available to the private sector. Practically, maternity benefits are limited to public sector organizations and other established institutions and these benefits are not extended to the women working in most of the private sector organizations. In order to

SECTION 2(D) CONT. Get rid of this discrimination, women working in the private sectors must be given the maternity benefits under this legislation. It is, therefore, suggested that the law should be amended so as to include the women for such benefits who are working in private sector organization.

SECTION 5 Section 5 spells out that the maternity benefits range from 12 weeks with some variance but on the production of certificates and there is no time limit for the provision of these certificates otherwise payment is denied; keeping in view the prevailing system, women mostly have private deliveries as medical facilities are not available everywhere. Secondly, the system of the registration of the births is not also universal

SECTION 5 CONT. and effective. This regime of time and production of the certificate is not in tune with the existing circumstances. This regime should be reviewed keeping in view the existing circumstances or provision of medical facility with registration mechanisms may be provided.

PATERNITY LEAVE There is no provision for the maternity leave or befit to the husband which is the case in most of the developed countries like UK and USA. The provision should be made for the husband.

SECTION 7 Though Section 7 prohibits dismissal of women during absence of maternity, yet in practice this is the case. This is a major cause of dismissal of the women. System of monitoring should be put in place so that dismissal of the women during this period should not take place when she is on maternity leave.

PENALTY The penalty provided for the violation of the provision of this Ordinance is too week and it is defined up to Rs. 500. This is too meager an amount. Secondly, this fine is to be paid to women for the damage or loss. The offence should be enhanced and criminal punishment should be provided. Separate damages shall be paid to the women.

PROSECUTION The Labor Inspector can institute proceedings under this provision (Section 10). It is too restrictive. The scope of this provision should be enhanced so as to give powers to anybody including a woman to institute the proceedings.

PROPOSED ADDITION Chapter 4 of factories Act 1934. Section 14 & 15 of Shops Ordinance 1969. Maternity leaves.

PROPOSED ADDITION Maternity Leave as per the law should be made mandatory for all establishments/industries with penal consequences. The law should be implemented in its true spirit.

PROPOSED ADDITION Working hours, tasks at work should be revised for pregnant women e. g. , no lifting of heavy items, no working with heavy or dangerous machinery, avoidance of all toxic chemicals, etc.

PROPOSED ADDITION Recognition that maternity does not end at childbirth and recovery of the mother. New provisions regarding responsibility to family shall be included allowing benefits under social security measures for families in health, education, etc.

PROPOSED ADDITION Other provisions to be included should be state run child care centres for working women; child care rooms in all establishments/industries; special leave for working mothers to look after a sick child; special leave to take and bring the child from school; special provisions/benefits for medical illnesses of children, family members and dependents, etc.