THERE is an acute misconception that employers in Pakistan possess an unrestricted right to hire and fire their workers. The phrase ‘hire and fire’ is used primarily to denote the employers’ unfettered right to sack workers. On the other hand, the idea of unlimited hiring is laudable as it provides employment to the populace.
The ‘right’ to anything is only derived from the law and not assumed by people. In labour laws, the provisions relating to the termination of workers’ employment are governed by the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Following the devolution in 2010, this ordinance was re-enacted and promulgated by all the provinces but with minimal amendments. SO 1 (Section 2) classifies the workman in six categories: permanent, probationers, badlis, temporary, apprentices and contract worker. SO 12 provides the mode of termination of workmen other than the apprentices and the contract workers.
A probationer is provisionally employed for a period of three months to fill a permanent vacancy. A badli is appointed in the post of a temporarily absent workman. A temporary workman is engaged for provisional work, which is scheduled for completion within........