{ "schema_version": "qanun-law-text/1", "id": "pk-code-cae442a9ce9e9ee3", "title": "Minimum Wages for Unskilled Workers Ordinance, 1969.", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2JqZ5s%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "06a56f738dce84410b126c5e84e97e416dc134817fa5084c6adc3863f427ceaa", "source_sha256": "06a56f738dce84410b126c5e84e97e416dc134817fa5084c6adc3863f427ceaa", "text_version_id": "law:pk-code-cae442a9ce9e9ee3:sha256:06a56f738dce84410b126c5e84e97e416dc134817fa5084c6adc3863f427ceaa", "quality_flags": [], "encoding": "UTF-8", "text": "THE MINIMUM WAGES FOR UNSKILLED WORKERS \r\nORDINANCE, 1969. \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n __________ \r\n \r\nSECTIONS: \r\n \r\n1. Short title, extent, commencement and application. \r\n2. Definitions. \r\n3. Minimum wages in commercial and industrial establishments. \r\n4. Responsibility for payment of minimum wages. \r\n5. Agreements under duress to be void. \r\n6. Effect of laws, orders, agreements, etc., inconsistent with this Ordinance. \r\n7. Penalty. \r\n8. Cognizance of offences. \r\n \r\nSCHEDULE \r\nUpdated till 15.12.2021 \r\n\r\n \r\n \r\n1THE 2* *MINIMUM WAGES FOR UNSKILLED WORKERS ORDINANCE, 1969 \r\n(W.P. Ord. XX of 1969) \r\n[1st July, 1969] \r\n \r\nAn Ordinance to fix the minimum rates of wages for unskilled workers employed in certain \r\ncommercial and industrial establishment in 2* Pakistan. \r\n \r\nPreamble. WHEREAS it is expedient to fix the minimum rates of wages for unskilled \r\nworkers employed in certain commercial and industrial establishments in 2* Pakistan; \r\n \r\nNOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, \r\nread with the provisional Constitution Order, the Administrator of Martial Law, Zone ‘A’, conferred \r\non him by the President and Chief Martial Law Administrator, is pleased to make and promulgate the \r\nfollowing Ordinance:― \r\n \r\n1. Short title, extent, commencement and application.―(1)This Ordinance may be called \r\nthe \r\n2* * Minimum Wages for Unskilled Workers Ordinance, 1969. \r\n \r\n(2) It extends to the whole of 3[Pakistan]. \r\n \r\n(3) It shall be deemed to have come into force on and from the first day of July, 1969. \r\n \r\n(4) It shall apply to every commercial and industrial establishment 2* * *but shall not apply \r\nto― \r\n \r\n(a) persons in the service of Pakistan, as defined in 4[Article 260 of the \r\nConstitution]; \r\n \r\n(b) any establishment, undertaking or installation relating to the defence services, \r\ncivil armed forces, postal, telegraph and telephone services, ports, railways, \r\nfire­fighting services, electricity, gas, water­supply, public conservancy and \r\nhospitals; and \r\n \r\n(c) any establishment or undertaking, which Government, by notification in the \r\nofficial Gazette, declares to be engaged in a public utility service for the \r\npurposes of this Ordinance. \r\n \r\n2. Definitions. In this Ordinance, unless the context otherwise requires— \r\n \r\n(a) “apprentice” means a learner who is paid an allowance during the period of \r\ntraining; \r\n \r\n \r\n \r\n \r\n1This Ord., was promulgated by the Administrator Martial law, Zone ‘A’ on 25th August 1969 ; published in the W.P. Gazette \r\n(Extraordinary), dated 1st Sep., 1969, pages 1399­1403 ; saved by Article 281, of the Interim Constitution of Pakistan (1972) ; and, \r\nvalidated by Act LXIII of 1975. \r\n2Omitted, by Ord. LVII of 2001, ss 2 and 3 (w.e.f 1­8­2001) \r\n3Subs., for “the Province of West Pakistan, except the Tribal Areas”, by P. O. 4 of 1975. \r\n4Subs., ibid., for Article 242 of the constitution of 1962. \r\n \r\n \r\n(b) “commercial establishment” means an establishment in which the business of \r\nadvertising, commission or forwarding is conducted, or which is a commercial \r\nagency, and includes a clerical department of a factory or of any industrial or \r\ncommercial undertaking, the office establishment of a person who for the \r\npurpose of fulfilling a contract with the owner of any commercial \r\nestablishment or industrial establishment, employs workmen, a unit of a joint \r\nstock company, an insurance company, a banking company or a bank, a \r\nbroker’s office or stock­exchange, a club, a hotel, a restaurant or an eating \r\nhouse, a cinema or theatre and such other establishment or class thereof, as \r\nGovernment may, by notification in the official Gazette, declare to be a \r\ncommercial establishment for the purposes of this Ordinance; \r\n \r\n(c) “employer” means a person owning or having charge of the business of a \r\ncommercial or industrial establishment and includes an agent or manager or \r\nany other person acting on behalf of such person in the general management or \r\ncontrol of such establishment; \r\n \r\n(d) “Government” means the 1[Provincial Government] ; \r\n \r\n(e) “industrial area” means the districts of Hyderabad, Lyallpur, Lahore, Multan \r\nand Sheikhupura and Kotri Taluka in Dadu District, and any other area which \r\nGovernment may, by notification in the official Gazette, declare to be an \r\nindustrial area for the purposes of this Ordinance ; \r\n \r\n(f) “industrial establishment” means \r\n \r\n(i) a mine or quarry ; \r\n \r\n(ii) a workshop or other establishment in which the work of making, \r\naltering, repairing, ornamenting, finishing or packing or otherwise \r\ntreating any article or substance with a view to its use, sale, transport, \r\ndelivery or disposal is carried on, or where any such service is \r\nrendered to a customer; and \r\n \r\n(iii) any other establishment which Government may, by notification in the \r\nofficial Gazette declare to be an industrial establishment; \r\n \r\n(g) “wages” means all cash remuneration payable to a workman, and includes \r\ndearness allowance, house­rent, conveyance allowance 2[,cost of living \r\nallowance, special allowances] and any other fixed allowance, but does not \r\ninclude travelling allowance, gratuity or bonus; \r\n \r\n(h) “unskilled worker” means a worker employed to do unskilled labour ; and \r\n \r\n(i) “worker” means any person employed in a commercial or industrial \r\nestablishment. \r\n \r\n \r\n \r\n1Subs., for “Government of West Pakistan”, by P. O. 4 of 1975. \r\n2 Ins by Act IX of 1993, s 2 (w.e.f. 1­7­1992) \r\n \r\n \r\n3. Minimum wages in commercial and industrial establishments. Every unskilled worker, \r\nother than an apprentice, employed in a commercial or industrial establishment situated in an area \r\nspecified in column 1 of the Schedule, shall be paid wages at a rate not lower than the minimum \r\nwages per month specified against such area in column 2 of the Schedule: \r\n \r\nProvided that where an employer provides housing accommodation to a worker, he may \r\ndeduct from the wages of such a worker, an amount not exceeding that specified in column 3 of the \r\nSchedule and where the employer provides a worker with transport to and from the place of work, he \r\nmay deduct from the wages of such a worker an amount not exceeding that specified in column 4 of \r\nthe Schedule. \r\n \r\n1[Explanation.―In this section,― \r\n \r\n(i) “month” means a normal working period of twenty­six days calculated \r\nat the rate of forty-eight hours of work per week; and \r\n \r\n2[(ii) “wages” include cost of living allowance as admissible under the \r\nEmployees Cost of Living (Relief) Act, 1973 (1 of 1974), and special \r\nallowance announced by the Government, from time to time, before \r\nthe commencement of the West Pakistan Minimum Wages for \r\nUnskilled Workers (Amendment) Ordinance, 2001.]] \r\n \r\n4. Responsibility for payment of minimum wages.―(1) Every employer shall be \r\nresponsible for the payment of minimum wages required to be paid under this Ordinance to all \r\nunskilled workers employed, either directly or through a contractor, in his commercial or industrial \r\nestablishment. \r\n \r\n(2) Where an unskilled worker employed in a commercial or industrial establishment to \r\nwhich this Ordinance applies has been paid wages for the month of July, 1969, at a rate less than the \r\nminimum rate of wages to which he is entitled under this Ordinance, the employer shall, within thirty \r\ndays of the promulgation of this Ordinance, pay such worker the difference between the amount \r\nactually paid to him and the amount to which he is entitled under this Ordinance. \r\n \r\n5. Agreements under duress to be void. All agreements arrived at between the employers \r\nand the workers under duress at any time during the period from the 1st March, 1969 to the 25 th \r\nMarch, 1969, shall, with effect from the date of coming into force of this Ordinance, be void. \r\n \r\nExplanation.―In this section the words “under duress” include circumstances in which due \r\nto fear either party is in a state of mental incompetence to resist pressure improperly brought to bear \r\ndue to violence or threat of violence. \r\n \r\n6. Effect of laws, orders, agreements, etc., inconsistent with this Ordinance. The \r\nprovisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith \r\ncontained in any other law or in any order or notification made or issued under any such law or in \r\nany award, agreement or contract of service: \r\n \r\n \r\n \r\n \r\n1 Subs. by Act IX of 1993, s. 3 (w.e.f. 1­7­1992). \r\n2 Subs., by Ord., LVII of 2001 s. 4 (w.e.f. 1­8­2001). \r\n \r\n \r\nProvided that where under any such law, order, notification, award, agreement or contract of \r\nservice, other than an agreement declared to be void under section 5, an unskilled worker is entitled \r\nto wages which are higher than the minimum wages required to be paid under this Ordinance, he \r\nshall continue to be paid such higher wages \r\n \r\n7. Penalty. Any employer who contravenes any provisions of this Ordinance shall be \r\npunishable with simple imprisonment for a term which may extend to six months, or with fine which \r\nmay extend to two thousand rupees, or with both. \r\n \r\n8. Cognizance of offences. No Court shall take cognizance of any offence under this \r\nOrdinance save on a complaint made by an aggrieved worker or by an officer of a registered trade \r\nunion of which such worker is a member, or any person authorised in this behalf by Government. \r\n \r\n1[SCHEDULE \r\n \r\n(See section 3) \r\n \r\nArea Rate of minimum wages per month Deduction for \r\nproviding \r\nhousing \r\naccommodation \r\nDeduction for \r\nproviding \r\ntransport \r\n(1) (2) (3) (4) \r\nKarachi Districts 2[8000 pm (w.e.f. 1st July, 2012 till 30th June, \r\n2013) \r\nRs. 25/­ p.m. Rs. 10/­ p.m. \r\nIndustrial area 10000 pm (w.e.f. 1st July, 2013 till 30th June, 2014) Rs. 20/­ p.m. Rs. 5/­ p.m. \r\nOther areas 12000 pm (w.e.f. 1st July, 2014 till 30th June, 2015) Rs. 13/­ p.m. Rs. 2/­ p.m.] \r\n \r\n13000 pm (w.e.f. 1st July, 2015)] \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. By Act IX of 1993, s. 4 (w.e.f. 1­7­1992). \r\n2Subs. 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