PROVINCIAL ASSEMBLY OF SINDH

NOTIFICATION
KARACHI, THE 29TH APRIL, 2016.

NO.PAS/Legis-B-36/2015-The Sindh Terms of Employment (Standing Orders) Bill, 2015 having

been passed by the Provincial Assembly of Sindh on 21st March, 2016 and assented to by the
Governor of Sindh on 25th April, 2016 is hereby published as an Act of the Legislature of Sindh.

THE SINDH TERMS OF EMPLOYMENT (STANDING ORDERS) ACT, 2015.

SINDH ACT NO. XI OF 2016.

AN
ACT

to provide for regulation of industrial and commercial employment in

the Province of the Sindh.

WHEREAS it is expedient to provide for regulation of industrial and Preamble.

commercial employment in the Province of the Sindh and for matters
connected therewith or ancillary thereto;

It is hereby enacted as follows:-

1. (1) This Act may be called the Sindh Terms of Employment (Standing Short title, extent,
Orders) Act, 2015. application and
commencement.
(2) It shall extend to whole of the Province of the Sindh.

(3) It shall come into force at once.

(4) It applies to -
(a) every industrial establishment and commercial establishment
wherein ten or more workers or employees are employed, directly
or through any other person whether on behalf of himself or any
other person, or were so employed on any day during the
preceding twelve months;

(b) such classes of the industrial and commercial establishments as

Government may, from time to time, by notification in the
official Gazette, specify in this behalf:

Provided that nothing in this Act shall apply to industrial

establishments and commercial establishments carried on by or
under the authority of the Federal Government or Government,
where statutory rules of service, conduct or discipline are
applicable to the workers employed therein:

Provided further that the provisions of Standing Orders 13,

15, clauses (6) and (8) of Standing Orders 17 and 20, contained in
the Schedule shall not apply, in the first instance, to any industrial
establishment wherein not more than 20 persons were employed
on any day during the preceding twelve months but Government
may, by notification in the official Gazette, extend all or any of
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 the said provisions to any such industrial establishment or any
class of such establishment.

2. (1) In this Act, unless there is anything repugnant in the subject or Definitions.
context-
(a) “collective agreement” means an agreement in writing intended
to specify the conditions of employment, and entered into
between one or more employers on the one hand, and one or more
trade unions or, where there is no trade union, the duly authorized
representatives of workers, on the other;

(b) “commercial establishment” for the purpose of this Act, means an

establishment in which the business of advertising, commission
or forwarding is conducted, or which is a commercial agency, and
includes a clerical department of a factory or of any industrial or
commercial undertaking, the office establishment of a person who
for the purpose of fulfilling a contract with the owner of any
commercial establishment or industrial establishment, employs
worker, a unit of a joint stock company, an insurance company, a
banking company or a bank, a broker’s office or stock-exchange,
a club, a hotel, a restaurant or an eating house, a cinema or
theater, school, colleges, private educational institutions, schools,
hospitals, private health centers, clinical laboratories, private
security agencies, other establishment or class thereof which run
on commercial and profit basis, and such other establishment or
class thereof, as Government may, by notification in the official
Gazette, declare to be a commercial establishment for the
purposes of this Act;

(c) “construction industry” means an industry engaged in the

construction, reconstruction, maintenance, repair, alteration or
demolition of any building, railway, tramway, harbor, dock, pier,
canal, inland waterway, road, tunnel, bridge, dam, viaduct, sewer,
drain, water work, well, telegraphic or telephonic installation,
electrical undertaking, gas work, or other work of construction as
well as the preparation for, or laying the foundations of, any such
work or structure;

(d) “employer” means the owner of an industrial establishment or

commercial establishment to which this Act for the time being
applies, and includes –
(i) in a factory, the name of the person who shall be the occupier
and manager for the purposes of this Act;

(ii) in any industrial establishment under the control of any

department of the Federal Government or Government, or
District Government, the authority appointed by such
Government in this behalf, or where no such authority is
so appointed, the head of the department; and

(iii) in any other industrial establishment or commercial

establishment, any person responsible to the owner for the
supervision and control of such establishment;

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(e) “factory” means any premises, including the precincts thereof,
whereon ten or more workers are working or were working on
any day of the preceding twelve months, and in any part of which
a manufacturing process is being carried on or is ordinarily
carried on with or without the aid of power, but does not include
a mine, subject to the operation of the Mines Act, 1923(IV of
1923);

(f) “go-slow” means an organized, deliberate and purposeful slowing

down of normal output of work by a body of workers in a
concerted manner and which is not due to any mechanical defect,
break-down of machinery, failure or defect in power supply, or in
the supply of normal materials and spare parts of machinery;

(g) “Government” means the Government of the Sindh;

(h) “industrial establishment” means -

(i) road transport and omnibus service;

(ii) dock, wharf or jetty;

(iii) inland steam-vessel;

(iv) mine, coal, quarry, oil-field or gas-field;

(v) plantation;

(vi) workshop or other establishment in which articles are

produced, adapted or manufactured, with a view to their use,
transport or sale;

(vii) establishment of a contractor who, directly or indirectly,

employs persons to do any skilled or unskilled, manual or
clerical labour for hire or reward in connection with the
execution of a contract to which, he is a party, and includes
the premises in which, or the site at which, any process
connected with such execution is carried on;

Explanation-. “Contractor” includes a sub-contractor,

headman, middle-man or agent;

(viii) a factory;

(ix) a railway as defined in clause (4) of section 3 of the Railways

Act, 1890(IX of 1890);

(x) the establishment of a person who, directly or indirectly,

employees worker or employee in connection with any
construction industry; and

(xi) any other establishment or class thereof as Government may

by notification in the official gazette declare to be an
industrial establishment for the purposes of this Act;

(i) “manager” means a person who has overall control over the
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 affairs of the industrial or commercial establishment; and have
the hiring and firing authority;

(j) “Standing Orders” mean the Orders contained in the Schedule;

(k) “Schedule” means the Schedule appended to this Act;

(l) “trade union” means a trade union for the time being registered
under the Sindh Industrial Relations Act 2013, or any other
relevant federal or provincial statute;

(m) “wages” and “remuneration” means the wage as defined in the

Sindh Payment of Wages Act, 2015;

(n) “worker” means any person employed in any industrial

establishment or commercial establishment or a mine to do any
skilled or unskilled, manual or clerical work for hire or reward
and includes permanent, probationer, badli, temporary,
apprentices and contract workers, but does not include occupier
and manager having the hiring and firing authority; provided that
no worker shall be employed through an agency or contractor or
sub-contractor or middleman or agent, to perform function
relating to their contract of employment.

(2) Expressions used in this Act, but not defined herein shall
have the same meaning, as assigned to them in the relevant labour laws.

3. In every industrial or commercial establishment, conditions of the Enforcement of

employment of workers and other incidental matters shall, subject to the other Standing Orders.
provisions of this Act, be regulated in accordance with the Standing Orders.

4. Standing Orders may be modified by means of collective agreement Modification of

and not otherwise: Standing Orders.

Provided that no such agreement shall have the effect of taking away
or diminishing any right or benefit available to the worker under the
provisions of the Schedule.

5. The text of the Act shall be prominently posted and kept in a legible Posting of
condition by the employer in English, Urdu and Sindhi, and in the language the Act.
understood by the majority of his workers on special boards to be maintained
for the purpose at or near the entrance through which the majority of the
workers enter the industrial establishment or commercial establishment and in
all departments thereof where the workers are employed.

6. (1) The Inspectors of Mines appointed under section 4 of the Mines Act, Inspectors.
1923 (IV of 1923), the Inspectors appointed under section10 of the Factories
Act, 1934 (Act No.XXV of 1934), and such other persons, not being
conciliators appointed under the Sindh Industrial Relations Act, 2013, as
Government may, by notification in the official Gazette, appoint, shall be the
Inspectors for the purposes of this Act within the local limits assigned to each.

(2) An Inspector may at all reasonable hours enter on any premises and
make such examination of any register or document relating to the

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maintenance or enforcement of the Standing Orders and take on the spot or
otherwise such evidence of any person, and exercise such other powers of
inspection, as he may deem necessary for carrying out the purposes of this
Act.

(3) Every Inspector shall be deemed to be a public servant within the

meaning of the Pakistan Penal Code, 1860(XLV of 1860).

7. (1) An employer, who modifies the Standing Orders as applicable to his Penalties and
industrial establishment or commercial establishment, otherwise than in procedure.
accordance with section 4, shall be punishable with fine which may extend to
fifty thousand rupees but not less than ten thousand rupees and in the case of a
continuing offence, with a further fine which may extend to two thousand
rupees, but not less than one thousand rupees, for every day after the first day
during which the offence continues.

(2) An employer who does any act in contravention of the Standing Orders
as applicable to his industrial establishment or commercial establishment shall
be punishable with fine which may extend to twenty thousand rupees but not
less than five thousand rupees and in the case of a continuing offence, with a
further fine which may extend to one thousand rupees, but not less than five
hundred rupees, for every day after the first day during which the offence
continues.

(3) Whoever contravenes any of the provisions of this Act or rules made
hereunder, shall, if no other penalty is elsewhere provided by or under this
Act or the rules made hereunder, for such contravention, be punishable with
fine which may extend to twenty thousand rupees but not less than five
thousand rupees.

(4) Whoever, having been convicted of any offence punishable under sub-
sections (1), (2) or (3), again commits such offence shall, on conviction, be
liable to double the punishment prescribed for such offence under the
aforesaid sub-sections.

(5) No prosecution for an offence punishable under this Act shall be

instituted except by the Inspector.

(6) No court other than the Labour Court established under the Sindh
Industrial Relations Act, 2013 shall try offence under this Act.

8. (1) Whoever willfully obstructs an Inspector in the exercise of any powers Penalty for
under this Act and the rules made hereunder, or fails to produce on demand obstructing
by an Inspector any record, register or other document in his custody, or Inspectors.
conceals or prevents any worker or employee in an establishment from
appearing before or being examined by an Inspector, shall be punishable with
a fine which may extend to fifty thousand rupees but shall not be less than ten
thousand rupees or with both.

(2) In case of subsequent offence, after having been convicted previously,

shall be punishable with simple imprisonment for a term which may extend to
one months but shall not be less than seven days or with a fine which may
extend to fifty thousand rupees or with both.

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9. Government may subject to such conditions as it may deem fit to Power to exempt.
impose, by notification in the official Gazette, exempt any industrial
establishment or commercial establishment or class of such establishments
from all or any of the provision of this Act.

10. Nothing in this Act shall affect law, custom, usage, award or Protection to existing
agreement in force immediately before the enactment of this Act in so far as conditions of
such law, custom, usage, award or agreement ensures conditions of employment.
employment more favourable to worker than those provided in the Standing
Orders.

11. No discrimination shall be made on the basis of gender, religion, Protection against
political affiliation, sect, colour, caste, creed, ethnic background in discrimination.
considering and disposing of issues relating to the enforcement of this Act.

12. No suit, prosecution or other legal proceeding shall lie against any Protection to persons
person for anything which is done or intended to be done in good faith, under acting under this Act.
this Act.

13. If any difficulty arises, in giving effect to any provisions of this Act, Removal of
Government may, by notification in the official Gazette, make such order, not difficulties.
inconsistent with the provisions of this Act, as may appear to it to be
necessary for the purpose of removing the difficulty.

14. (1) The Industrial and Commercial Employment (Standing Orders) Repeal and Savings.
Ordinance, 1968 (W.P. Ordinance No.VI of 1969), hereinafter referred to as
the repealed Ordinance, in its application to the Province of the Sindh, is
hereby repealed.

(2) Notwithstanding the repeal under sub-section (1), anything done,

action taken, rules made, and notifications or orders issued under the repealed
Ordinance, shall, so far as it is not inconsistent with the provisions of this Act,
be deemed to have been done, taken, made or issued, under this Act, and shall
have effect accordingly.

(3) The expression “workmen” defined under the repealed Act shall be
deemed to be a “worker” under this Act.

(4) Any document referring to the repealed Ordinance shall be construed

as referring to the provisions of this Act.

SCHEDULE
STANDING ORDERS
( see section 2(1)(k))
1. (a) Worker shall be classified as - Classification of
(i) permanent; worker.
(ii) probationer;
(iii) badly;
(iv) temporary;
(v) apprentice;
(vi) contract worker.

(b) A “permanent worker” is a worker who has been engaged on work

of permanent nature likely to last more than nine months and has
satisfactorily completed a probationary period of three months in the
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 same or another occupation in the industrial or commercial
establishment, including breaks due to sickness, accident, leave,
lock-out, strike (not being an illegal strike) or involuntary closure of
the establishment and includes a badli who has been employed for a
continuous period of ninety days or for one hundred and eighty-
three days during any period of twelve consecutive months.

(c) A “probationer” is a worker who is provisionally employed to fill a

permanent vacancy in a post and has not completed three months
service therein. If a permanent employee is employed as a
probationer in a higher post he may, at any time during the
probationary period of three months, be reverted to his old
permanent post.

(d) A “badli” is a worker who is appointed in the post of a permanent

worker or probationer, who is temporarily absent.

(e) A “temporary worker” is a worker who has been engaged for work
which is of an essentially temporary nature likely to be finished
within a period not exceeding nine months.

(f) An “apprentice” is a person who is an apprentice within the meaning

of the Apprenticeship Ordinance, 1962(LVI of 1962).

(g) A “contract worker” means a worker who works on contract basis

for a specific period mentioned in the contract, in any establishment
but does not include the third party employment.

2. (1) Every worker employed in an industrial establishment or commercial Cards.

establishment shall be given a permanent card unless he is a probationer, a
badli, a temporary worker, an apprentice or a contract worker.

(2) Every permanent worker shall be provided with a departmental ticket,

showing his number, and shall on being required to do so, produce it to any
person authorized by the employer in this regard or an Inspector appointed by
Government.

(3) Every badli shall be provided with a badli card, on which shall be
entered the days on which he has worked in the establishment, and which
shall be surrendered if he obtains permanent employment.

(4) Every temporary worker shall be provided with a temporary ticket

which he shall surrender on his discharge.

(5) Every apprentice shall be provided with an apprentice card, which

shall be surrendered if he obtains permanent employment.

(6) Every contract worker shall be provided with a card giving reference
to his contract which he shall surrender on termination of the contract.

3. (1) Every worker, at the time of his appointment, shall be given an Terms and conditions
appointment letter showing expressly, the terms and conditions of his of service to be given
employment including wages. in writing.

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 (2) Every worker upon his transfer or promotion shall be provided with an
order in writing, showing the terms and conditions of his service including
wages.

4. The periods and hours of work for all classes of workers in each shift Publication of
shall be exhibited in Urdu, Sindhi and English languages in the industrial working time.
establishment or commercial establishment on notice boards maintained at or
near the main entrance of the establishment and at the time-keeper’s office, if
any.

5. Notices specifying - Publication of

holidays and pay
(a) the days observed by the industrial establishment or commercial days.
establishment as holidays; and

(b) pay days shall be posted on the said notice boards.

6. Notices specifying the rates of wages payable to all classes of worker Publication of wage
and for all classes of work shall be displayed on the said notice boards. rates.

7. (1) More than one shift may be worked in a department or any section of a Shift working.
department of the industrial establishment or commercial establishment at the
discretion of the employer.

(2) If more than one shift works, the worker shall be liable to be
transferred from one shift to another. No shift working shall be discontinued
without one month’s notice being given prior to such discontinuance;
provided that no such notice shall be necessary, if, as a result of the
discontinuance of the shift, no permanent worker is discharged.

(3) If as a result of discontinuance of shift working, any permanent

worker is to be discharged, he shall be discharged having regard to the length
of his service in the establishment, the one with the shortest term of service
being discharged first. If shift working is restarted, a week’s notice thereof
shall be given by posting notice at the main entrance of the establishment and
the time-keeper’s office, if any, and the workers, discharged as a result of the
discontinuance of the shift, shall, if they present themselves at the time of the
restarting of the shift, have preference in being re-employed, having regard to
the length of their previous service under the establishment, those with the
longest term of service being re-employed first.

8. All workers shall be at work at the establishment at the time fixed and Attendance and late
notified under Standing Order 5 and the workers attending late shall be liable coming.
to the deduction provided for in the Payment of Wages Act, 1936 (Act IV of
1936).

9. (1) Holidays and leave with pay shall be allowed as hereinafter specified:- Leave.

(a) annual holidays, festival holidays, casual leave, sick, as provided

for in Chapter-IV-A of the Factories Act, 1934 (Act No.XXV of
1934) and maternity leaves as defined in Maternity Benefit
Ordinance,1958;

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 (b) other holidays in accordance with the law, contract, custom and
usage.

(2) Every worker shall be allowed holidays with pay on all days declared
by Government or Federal Government to be festival holidays.

(3) A worker, who desires to obtain leave of absence shall apply to the
employer, who shall issue orders on the application within a week of its
submission or two days prior to the commencement of the leave applied for,
whichever is earlier; provided that if the leave applied for is to commence on
the date of the application or within three days thereof, the order shall be
given on the same day.

(4) If the leave under clause (2) asked for is granted, a leave pass shall be
issued to the worker and if the leave is refused or postponed, the fact of such
refusal or postponement and the reasons therefor shall be recorded in writing
in a register to be maintained for the purpose, and if the worker so desires, a
copy of the entry in the register shall be supplied to him.

(5) If the worker after proceeding on leave desires an extension thereof,

he shall apply to the employer who shall send a written reply either granting
or refusing extension of leave to the worker if his address is available and if
such reply is likely to reach him before the expiry of the leave originally
granted to him.

10. (1) Any wages due to the worker but not paid on the usual pay day on Payment
account of their being unclaimed, shall be paid by the employer on an of wages.
unclaimed wages pay day in each week, which shall be notified on the notice
boards as aforesaid.

(2) All workers shall be paid wages on a working day before the expiry
of the 7th or 10th day after the last day of the wage period, in respect of
which the wages are payable if the total number of workers employed in the
establishment is one thousand or less or exceeds one thousand, respectively.

(3) Where in a commercial establishment, a worker is required to work

more than nine hours in any day or for more than forty-eight hours in any
week, he shall be paid, for extra time, the wage twice the normal rate of wage
admissible to him.

11. (1) In every industrial and commercial establishment, in which fifty or Group incentive
more workers are employed, there shall be introduced from such date as may scheme.
be specified by Government, by notification in the official Gazette, a group
incentive scheme to provide incentive for greater production to groups of
worker employed in the factory.

(2) The scheme shall provide the manner in which the performance of
different groups of workers, whether in the same section, shop, department or
shift or in different sections, shops, departments or shifts, shall be evaluated.

(3) The incentive shall be in the form of additional wages or additional

leave with wages or in both such forms to the members of the group of
workers whose production exceeds that of the other groups or the average of
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all the groups. The incentive shall be according to such scales as may be
prescribed and shall be related to the extent of the excess production achieved
by the group with the best performance.

12. (1) In every industrial establishment and commercial establishment, in Compulsory Group
which twenty or more workers are employed, the employer shall have all the Insurance.
permanent workers employed by him insured against natural death and
disability and death and injury arising out of contingencies not covered by the
Workmen’s’ Compensation Act, 1923 (Act No.VIII of 1923) or the Provincial
Employees’ Social Security Ordinance, 1965 (W.P.Ord.No.X of 1965).

(2) The employer shall in all cases be responsible for the payment of the
amount of premium and for all administrative arrangements whether carried
out by himself or through an insurance company.

(3) The amount for which each worker shall be insured shall not be less
than the amount of compensation specified in Schedule IV to the Workmen’s’
Compensation Act, 1923(Act No.VIII of 1923).

(4) Where the employer fails to have a permanent worker employed by

him insured in the manner laid down in clauses (1), (2) and (3) and such
worker suffers death or injury arising out of contingencies mentioned in
clause (1), the employer shall pay, in the case of death, to the heirs of such
worker, or in the case of injury, to the worker, such sum of money as would
have been payable by the insurance company had such worker been insured.

(5) All claims of a worker or his heirs for recovery of money under
clause (4) shall be settled in the same manner as is provided for the
determination and recovery of compensation under the Workmen’s’
Compensation Act, 1923 (Act No.VIII of 1923).

13. (1) Every employer making profit in any year shall pay for that year Payment
within three months of the closing of that year to the workers who have been of bonus.
in his employment in that year for a continuous period of not less than ninety
days a bonus in addition to the wages payable to such workers.

(2) The amount of the bonus payable shall -

(a) if the amount of the profit is not less than the aggregate of one
month’s wages of the worker employed, be not less than the
amount of such aggregate, subject to the maximum of thirty
percent of such profit;

Illustration-1.- If the profit is Rs.1,20,000.00 and the aggregate

of one month’s wages of the worker is Rs.30,000.00, the amount
of bonus, payable shall be not less than the aggregate of one
month’s wages, that is to say, Rs.30,000.00.

Illustration-2.- If the profit is Rs.30,000.00 and the aggregate of

one month’s wages of the worker is also Rs.30,000.00, the
amount of bonus payable shall be not less than thirty percent of
the profit, that is to say, Rs.9,000.00; and

(b) if the amount of the profit is less than the aggregate referred to

10
 in paragraph (a), be not less than fifteen percent of such profit.

(3) The bonus payable to a worker entitled thereto under clause (1) shall
bear to his monthly wages the same proportion as the total bonus payable by
the employer bears to the aggregate of the wages referred to in paragraph (a)
of clause (2) and shall be paid either in cash or in (N.I.T.) Units of equivalent
value at the option of such worker.

(4) Nothing in this section shall be deemed to affect the right of any
worker to receive any bonus other than that payable under clause (1) to which
he may be entitled in accordance with the terms of his employment or any
usage or any settlement or an award of a Labour Court established under the
Sindh Industrial Relations Act, 2013 (Sindh Act No.XVI of 2013).

Explanation.- For the purpose of this section -

(a) “Units” mean the National Investment Trust Units as referred to

in the National Investment (Unit) Trust Ordinance, 1965(VII of
1965);

(b) “profits” in relation to a company, means such of the net profits as

are attributable to its business, trade, undertaking or other
operations in Pakistan; and

(c) “wages” does not, for the purpose of calculating the bonus
payable to a person under clause (1), include the bonus referred to
in clause (x) of section 2 of the Payment of Wages Act, 2015.

14. (1) The employer may, at any time, in the event of fire, catastrophe, Stoppage
break-down of machinery or stoppage of power supply, epidemics, civil of work.
commotion or other cause beyond his control, stop any section or sections of
the establishment, wholly or partially for any period or periods without notice.

(2) In the event of such stoppage during working hours, the workers
affected shall be notified by notices put up on the notice board in the
departments concerned or in the office of the employer, as soon as
practicable, when work will be resumed and whether they are to remain or
leave their place of work. The workers shall not ordinarily be required to
remain for more than two hours after the commencement of the stoppage. If
the period of detention does not exceed one hour, the workers so detained
shall not be paid for the period of detention. If the period of detention exceeds
one hour, the workers so detained shall be entitled to receive wages for the
whole of the time during which they are detained as a result of the stoppage.
In the case of piece-rate workers, the average daily earnings for the previous
month shall be taken to be the daily wage. Wherever practicable, reasonable
notice shall be given of resumption of normal work.

(3) In cases where workers are laid-off on account of failure of plant, a

temporary curtailment of production or any stoppage of work for reasons
mentioned in clause (1), they shall be paid by the employer an amount equal
to one-half of their daily wages during the first fourteen days of lay-off as
compensation. When, however, the workers have to be laid-off for an
indefinite period beyond the above-mentioned fourteen days, their services

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may be terminated after giving them due notice or pay in lieu thereof.

(4) The employer may, in the event of a strike affecting either wholly or
partially any section or department of the establishment, close down, either
wholly or partially, such section or department and any other section or
department affected by such closing down. The fact of such closure shall be
notified by notices put up on the notice board in the section or department
concerned and in the time-keeper’s office, if any, as soon as practicable. The
worker concerned shall also be notified by a general notice, prior to
resumptions of work, as to when work will be resumed.

15. (1) Notwithstanding anything contained in Standing Order 15, no Closure of

employer shall terminate the employment of more than fifty percent of the establishment.
workers or close down the whole of the establishment without prior
permission of the Government in this behalf, except in the event of fire,
catastrophe, stoppage of power supply, epidemics or civil commotion:

(2) If the application for permission to close down is not decided within
fifteen days of its submission then the same shall be deemed to have been
granted. Appeal against decision shall be preferred before the Labour Court
within thirty days of the order.

Explanation.- ‘Close down’ in this clause includes lay-off of worker

beyond fourteen days where such lay-off results in closure of an
establishment but does not include lock-out declared, commenced or
continued in accordance with the provisions of the Sindh Industrial Relations
Act, 2013.

16. (1) For terminating employment of a permanent worker, for any reason Termination of
other than misconduct, one month’s notice shall be given either by the employment.
employer or the worker. One month’s wages calculated on the basis of
average wages earned by the worker during the last three months shall be paid
in lieu of notice.

(2) No temporary worker, whether monthly-rated, weekly-rated, daily-

rated or piece-rated, and no probationer, badli or contract worker shall be
entitled to any notice, if his services are terminated by the employer, nor shall
any such worker be required to give any notice or pay any wages in lieu
thereof to the employer if he leaves employment of his own accord.

(3) The services of a worker shall not be terminated, nor shall a worker
be removed, retrenched, discharged or dismissed from service, except by an
order in writing which, shall explicitly state the reason for the action taken. In
case a worker is aggrieved by the termination of his services or removal,
retrenchment, discharge or dismissal, he may take action in accordance with
the provisions of section 37 of the Sindh Industrial Relations Act, 2013
(Sindh Act No.XVI of 2013) and thereupon the provisions of the said section
shall apply as they apply to the redress of an individual grievance.

(4) Where the services of any worker are terminated, the wages earned by
him and other dues, including payment for un-availed leaves as defined in
clause (1) of Standing Order 10 shall be paid before the expiry of the second

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working day from the day on which his services are terminated.

(5) The services of a permanent or temporary worker shall not be

terminated on the ground of misconduct otherwise than in the manner
prescribed in Standing Order 21.

(6) Where a worker resigns from service or his services are terminated by
the employer, for any reason other than misconduct, he shall, in addition to
any other benefits to which he may be entitled under this Act or in accordance
with the terms of his employment or any custom, usage or any settlement or
an award of a Labour Court under the Sindh Industrial Relations Act, 2013
(Sindh Act No.XVI of 2013) be paid gratuity equivalent to one month’s
wages, calculated on the basis of the wages admissible to him if he is a fixed-
rated worker or the highest pay drawn by him during the last twelve months if
he is a piece-rated worker, for every completed year of service or any part
thereof, in excess of six months:

Provided that a seasonal worker shall also be entitled to gratuity equal

to one month wages for each season.

Provided further that where the employer has established a provident

fund to which the worker is a contributor and the contribution of the employer
to the provident fund, shall not be less than the contribution made by the
worker, no such gratuity shall be payable for the period during which such
provident fund has been in existence:

Provided also that amount paid to the worker under provident fund
shall not be less than the amount of gratuity admissible to such worker under
this Act.

(7) A worker shall be entitled to receive the amount standing to his credit
in the provident fund, including the contributions of the employer to such
fund, even if he resigns or is dismissed from service.

(8) Where a worker dies while in service of the employer, his dependent
shall be paid gratuity in accordance with the provision of clause (6):

Provided that no payment of gratuity in such case shall be made

otherwise than by a deposit with the Commissioner, who shall proceed with
the allocation of the deposit to the dependent of the deceased in accordance
with the provisions of section 8 of the Workmen’s Compensation Act, 1923
(Act No.VIII of 1923).

(9) If the employer fails to deposit the amount of the gratuity under
clause (8) the dependent of the deceased may make an application to the
Commissioner for the recovery of the amount thereof.

Explanation. “Commissioner” and “dependent” in this clause shall

have the same meanings as are respectively assigned to them in Workmen
Compensation Act, 1923 (Act No.VIII of 1923).

(10) If a worker is not allowed to work or mark his attendance by his

employer in any manner, the worker may bring the same into the notice of the
area Inspector in writing within ten days of the incidence and in such case the

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employer shall be precluded to initiate any action against the worker.

17. Every permanent worker shall be entitled to a service certificate at the Certificate of
time of his dismissal, discharge, retrenchment, retirement or cessation of termination of
relationship for any reason. service.

18. Where any worker is to be retrenched and he belongs to a particular Procedure for
category of workers, the employer shall retrench the worker, who is the last retrenchment.
person employed in that category.

19. Where any number of worker are retrenched and the employer Re-employment of
proposes to take into his employment any person within a period of one year retrenched worker.
from the date of such retrenchment, he shall give an opportunity to the
retrenched workers belonging to the category concerned, by sending a notice
by registered post to their last known addresses to offer themselves for re-
employment, and they shall have preference over other persons, each having
priority according to the length of his service under the employer:

Provided that in the case of a seasonal factory within the meaning of

section 4 of the Factories Act, 1934 (Act No.XXV of 1934), a worker who
was retrenched in one season and reports for duty within ten days of the
resumption of work in the factory in the immediately following season shall
be given preference for employment by the employer:

Provided further that in the case of such a seasonal factory, as defined

in the Factories Act, 1934 (Act No.XXV of 1934), the employer may by
sending notice by registered post to the last known address of a worker who
was retrenched in one season require him to report on a day specified in the
notice, not being earlier than ten days before resumption of work in such
factory, and if such worker so reports he shall be given preference for
employment and paid full wages from the day he reports.

20. Where any worker is retrenched or discharged by a contractor or any Special provision for
employer engaged in the construction industry due to completion, cessation or construction
discontinuance of work, he shall be given preference for employment in any workers.
other similar work undertaken by the contractor or employer within a period
of one year from the date of such retrenchment or discharge:

Provided that where a worker is re-employed within one month of his

retrenchment or discharge, he shall be deemed to have been in continuous
service of the contractor or employer notwithstanding the interruption caused
by his retrenchment or discharge but no wages shall be paid to him for the
period of interruption.

21. (1) A worker may be reprimanded or fined in the manner prescribed under Punishments.
the Payment of Wages Act, 1936 (Act No.IV of 1936), up to five
percent of the wages payable to him in a month, for any of the
following acts or omissions, namely:-

(i) in case where the Payment of Wages Act is applicable, the list of
acts and omissions for which fine may be levied shall be same as
approved by the Chief Inspector of Factories or any other officer
concerned;

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 (ii) in other cases, the following shall be the list of acts and
omissions-
(a) disregard or disobedience of rules or orders;
(b) improper behaviour, such as drunkenness;
(c) making false or misleading statements;
(d) inefficient, dilatory, careless or wasteful working; and
(e) malingering.

(2) A worker found guilty of misconduct shall be liable to any of the

following punishments:-

(i) fine in the manner prescribed under the Payment of Wages Act,
1936 upto five percent of the wages payable to him in a month;

(ii) withholding of increment or promotion for a specified period not

exceeding one year;

(iii) reduction to a lower post; or

(iv) dismissal without payment of any compensation in lieu of

notice.

(3) The following acts and omissions shall be treated as misconduct:-

(i) willful insubordination or disobedience, whether alone or in

combination with others, to any lawful and reasonable order of a
superior;

(ii) theft, fraud, or dishonesty in connection with the employer’s

business or property;

(iii) willful damage to or loss of employer’s goods or property;

(iv) taking or giving bribes or any illegal gratification;

(v) habitual absence without leave or absence without leave for

more than ten days; provided that where a worker is barred by
the employer to enter the factory (gate-bandi), the period of ten
days shall not apply, subject to the condition that the worker
reports the incidence to the concerned Labour Office within
seven working days of the gate-bandi;

(vi) habitual late attendance;

(vii) habitual breach of any law applicable to the establishment;

(viii) riotous or disorderly behaviour during working hours at the

establishment or any act subversive of discipline;

(ix) habitual negligence or neglect of work;

(x) frequent repetition of any act or omission referred to in clause

(1);

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 (xi) striking work or inciting others to illegal strike in contravention
of the provisions of any law, or rule having the force of law;

(xii) go-slow.

(4) No order of dismissal shall be made unless the worker concerned is

informed in writing of the alleged misconduct within one month of the date of
such misconduct or of the date on which the alleged misconduct comes to the
notice of the employer and is given an opportunity to explain the
circumstances alleged against him. The approval of the employer shall be
required in every case of dismissal and the employer shall institute
independent inquiry before dealing with charges against a worker:

Provided that the worker proceeded against may, if he so desires for

his assistance in the enquiry, nominate any worker employed in that
establishment and the employer shall allow the worker so nominated to be
present in the enquiry to assist the worker proceeded against and shall not
deduct his wages if the enquiry is held during his duty hours.

(5) Where, for the purposes of conducting an inquiry into the alleged
misconduct of a worker, if the employer considers it necessary, he may
suspend the worker concerned for a period not exceeding one week at a time,
however, so that the total period of such suspension shall not exceed four
weeks except where the matter is pending before an Arbitrator, a Labour
Court, Tribunal, Commissioner, Authority or Conciliator for the grant of
permission under section 61 of the Sindh Industrial Relations Act, 2013. The
order of suspension shall be in writing and may take effect immediately on
delivery to the worker. During the period of suspension, the worker concerned
shall be paid by the employer the same wages as he would have received if he
had not been suspended.

22. (1) Notwithstanding the provisions of any law, for the time being in Eviction from
force, including those of the Sindh Rented Premises Ordinance,1979, a residential
worker occupying residential accommodation provided by his employer, who accommodation.
has resigned or retired, or has been retrenched, discharged or dismissed, or
whose services have been terminated, shall vacate such accommodation
within a period of two months from the date of his retrenchment, discharge,
dismissal or termination of services, as the case may be; provided that in case
of reinstatement of the worker, the employer shall be bound to provide him
with similar residential accommodation from the date of such reinstatement or
pay him per mensem an allowance in lieu thereof at the rate of three times the
wages of the last full working day.

(2) If a worker, who has been retrenched, discharged or dismissed, or

whose services have been terminated, fails to vacate any residential premises
provided by the employer, within the period specified in clause (1), the
employer may lodge a complaint with a Magistrate of the First Class having
jurisdiction in the area where such residential accommodation is located.

(3) The Magistrate on hearing the parties, may, notwithstanding anything

contained in any other law for the time being in force, summarily decide the
case and may pass an order of eviction, giving the worker a reasonable time to
vacate the premises.

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 (4) Where a Magistrate passes an order for the eviction of a worker, he
may also pass an order directing a police officer to evict such worker and any
other person occupying through such worker the residential accommodation
in respect of which the order of eviction is made, if the worker or such other
person fails to vacate the accommodation within the time allowed under
clause (3).

(5) A police officer acting under an order of the Magistrate under clause
(4), shall notify the occupants of the premises in question the contents of the
Magistrate’s order and his intention to enter on such premises, and shall allow
at least two hours’ time to the occupants to vacate the premises and shall give
all reasonable facilities to the children and female occupants, if any, to
withdraw therefrom before applying any force for taking over the possession
of such premises.

(6) Where a worker, occupying residential accommodation provided to

him by the employer dies, the procedure prescribed in this Standing Order
shall mutatis mutandis and so far as applicable, apply for evicting any person,
who was occupying the premises through such worker, and after his death
continues to remain in occupation thereof.

23. The employer of the industrial and commercial establishment shall Liability of employer.
personally be held responsible for the proper and faithful observance of the
Standing Orders.
___________

BY ORDER OF THE SPEAKER

PROVINCIAL ASSEMBLY OF SINDH

G.M. UMAR FAROOQ

SECRETARY
PROVINCIAL ASSEMBLY OF SINDH

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