In Pakistan, women’s rights in the workplace have seen gradual improvement with the introduction of laws aimed at fostering equality and protection. Yet, disparities persist, particularly in areas like maternal leave, workplace discrimination, and health benefits. Here, we outline the legal landscape governing the rights of women in Pakistani workplaces, focusing on issues such as maternity leave, age gap considerations, menstruation rights, health insurance, and fair promotion.
Maternity Leave
Maternity leave is protected under Pakistani law, specifically through the *Maternity and Paternity Leave Act, 2020*, as well as the *West Pakistan Maternity Benefit Ordinance, 1958*. The law mandates that women are entitled to 12 weeks of paid maternity leave, beginning at least six weeks prior to delivery. Employers cannot terminate a woman’s employment on the grounds of her pregnancy, and any dismissal under these grounds can be challenged legally. However, the 1958 Ordinance mainly applies to factory workers, and the implementation is inconsistent across sectors, particularly for contract-based or informal sector employees.
Age Discrimination
The Constitution of Pakistan upholds the principle of non-discrimination (Article 25), making age discrimination illegal. However, no specific workplace law addresses age discrimination in recruitment or promotion practices. Instead, age-related biases are indirectly countered by enforcing merit-based policies under the *Employment of Women, Young Persons and Children Act, 1991*, which restricts employment conditions to prevent overwork or harassment. Nonetheless, there is a need for more explicit legislation to curb age-based discrimination against women.
Menstruation Rights
While menstruation leave is not specifically covered in Pakistani laws, cultural taboos can make this a challenging topic in the workplace. Some private sector companies may provide informal accommodations for menstruating women, such as work-from-home flexibility, but this remains at the discretion of employers. Introducing a formal leave policy for menstruation would require legal amendments or workplace policy reforms, driven by the public or private sectors.
Health Insurance and Benefits
The provision of health insurance for employees in Pakistan largely depends on the employer. The *Employees’ Old-Age Benefits Institution (EOBI) Act, 1976* provides pensions and retirement benefits, yet it does not address health insurance explicitly. For female employees, access to health insurance is crucial due to maternal health needs and gender-specific health issues. The absence of standardized health insurance benefits often leaves women reliant on private insurance or employer-specific coverage, which can vary widely across sectors. The *Factories Act, 1934*, also obliges employers to provide medical facilities, but again, this law primarily benefits formal-sector workers.
Promotion and Gender Equality
The *Protection Against Harassment of Women at the Workplace Act, 2010* has been instrumental in creating safer workplaces by defining and penalizing harassment. However, there is no comprehensive law that mandates gender equality in promotions. Promotion practices in Pakistan still often reflect gender biases, with men favored for leadership roles. Women can report discrimination or unfair promotion practices to labor courts under general labor laws, but the lack of explicit anti-discrimination laws leaves room for subjective interpretation, making it difficult for women to contest decisions effectively.
Other Relevant Rights and Protections
The *Protection Against Harassment of Women at the Workplace Act, 2010* is one of Pakistan’s landmark laws that mandates each organization to establish a complaints committee and procedures to address grievances. This law offers a platform for women to report workplace harassment and ensures that employers are accountable for providing a safe working environment.
While Pakistan’s legal framework provides certain protections for women in the workplace, implementation and inclusivity vary across sectors. Maternity rights, harassment protection, and basic healthcare provisions are in place but often lack consistency in enforcement. Issues like menstruation leave, health insurance, and transparent promotion practices require further legislative attention. For women’s full and fair participation in the workforce, robust policy reforms and employer initiatives are essential to address the remaining gaps and build on the progress made.
