“In comparison to the prevailing wage in urban Sialkot’s sports ball industry, the gross living wage is 45 percent higher than the wage currently prevalent there,” stated the report. “The difference is greater in rural Sialkot, where the gross living wage we estimate is 110 percent higher than the prevailing wage in sports ball stitching centres.” And if living wages are still a distant dream in Pakistan, Lahore-based advocate Huzaima Bukhari points out that minimum wages may be fixed such that the worker can provide “adequately for a decent-sized family.”
BLOODY REVOLUTION
Just like elsewhere across the globe, in drawing rooms across Pakistan too, the elite are often heard worrying about the expanding poor-rich divide in the Pakistani society and fear a “bloody revolution” may just be around the corner if steps are not taken to narrow it. But few want to share their wealth. In fact, when it gets down to the brass tacks and opening up their coffers, they say they are already paying their workers sufficiently.
In the Status of Labour Rights in Pakistan: 2016 by the Pakistan Institute of Labour Education & Research (PILER), researcher Zeenat Hisam states that policymakers have acknowledged that “existing inequalities” have a “corrosive effect on the economic, social and environmental dimensions of development.” The Planning Commission states that Pakistan’s richest 20 percent now consume seven times more than the poorest 20 percent.
According to Bukhari there is provision in Pakistan under the Workers’ Participation Fund Act, 1968, where certain employers are supposed to set apart a small percentage (five percent) of profits to be distributed among the workers. “Sharing this small amount will hardly cause a dent in the wealth of owners.” She explains that this concept is already present in other countries, especially those which are members of the Organisation for Economic Cooperation and Development (OECD).
It would cost 2.2 billion dollars a year, for example, to increase the wages of all 2.5 million Vietnamese garment workers from the average wage to a living wage, says Oxfam. And while it may seem like a huge amount, this is actually the equivalent of only a third of the amount paid out to shareholders by the top five global companies in the garment sector.
TOO MANY LAWS, TOO LITTLE IMPLEMENTATION
Pakistan may not have taken care of its workforce, yet it is one of the most heavily legislated countries in the world vis-à-vis labour laws. According to Nasir Mansoor, deputy secretary general of the National Trade Union Federation (NTUF), there are as many as 70 laws that govern Pakistan’s labour market, but a majority remain unimplemented and some have even become outdated.
“Ninety-five percent of the factories across Pakistan do not respect the existing laws and there is no one to hold them accountable,” he says. He points out that for over 30,000 big factories (and there must be many more small- and medium -sized ones too) there are only 500 inspectors, of which only 16 are women. “The regulators are incompetent and prone to corruption,” adds advocate Bukhari.
In addition to laws, she says, the Constitution of Pakistan contains a range of provisions with regards to labour rights, giving a list: “Article 11 of the Constitution prohibits all forms of slavery, forced labour and child labour; Article 17 provides for a fundamental right to exercise freedom of association and the right to form unions; Article 18 guarantees the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business; Article 25 lays down the right to equality before the law and a prohibition of discrimination on the grounds of sex alone; Article 37(e) makes provisions for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment.”
Mansoor says that various Pakistani governments have ratified 36 International Labour Organisations’ conventions. However, dignifying the ratifications by taking action has never been on the cards.
To him, the biggest violation of workers’ rights is hiring them as temporary workers for permanent jobs through third-party contractors — a violation of Articles 3 and 4 of the Constitution of Pakistan. “Temporary employees are paid lower and have fewer rights and no social protection,” he explains. Women and young people are more likely to be in these jobs. Naila, a permanent employee, only got an appointment letter after three years of employment and, that too, after she took her employers to court.
Of the 62 million Pakistani workers, less than one percent is unionised. “When they do not have a voice, how can they fight for their rights?” asks Mansoor.
The situation is no better for an estimated 12 million home-based workers with over three million in urban areas and 8.5 million in rural areas, of which more than 75 percent are women. “The wages are pretty much unregulated in Pakistan and women tend to get paid far less than men,” points out economist and senior researcher at the Collective for Social Science Research, Haris Gazdar. “There are many activities that are gender-segregated and what are seen as women’s jobs get paid lower wages,” he confirms.
Saira Feroze, 34, a home-based worker, very active in rallying women workers to form unions admits men get better paid than their female counterparts. Giving the example of collar-making for shirts, she says, “Men get between 7 and Rs 8 for this work while women just Rs 4 or 5 for exactly the same work in the same house, despite the fact women’s work is better.”
But even for the work that is given just to women, the remuneration is quite paltry. “A woman gets two rupees for every trouser or shalwar she stitches [she can stitch a dozen in half an hour],” says Feroze. “In bangle-making, she gets only nine rupees for a tora [a bundle comprising 365 bangles] and can weld up to 10 such bundles in eight to 10 hours a day.” That means an earning of just Rs 90 a day. But these home-based workers remain voiceless. Like in the formal work, even the HBW have not been able to organise themselves to demand better wages or working conditions, laments Khan of HBWWF.
Feroze says women give several reasons for their reluctance to form unions. “Apart from worrying about housework that will get piled up in their absence or having to leave the kids, many women say they are not permitted to leave home and be seen doing the rounds at labour courts, raising voices at rallies or attending seminars.”
But the handful who have unionised, like Feroze and Khan, have been able to fight for the rights of all HBW, at least in Sindh, where a policy for HBW is now in place and the bill for the protection of their rights has been drafted.
“At the moment it is being tweaked to be sent to the law department for vetting,” explains Khan, saying it brings hope to millions in the province that the kind of exploitation that takes place in the informal sector will end. “Once these people are registered as workers, they will be able to demand the minimum wages as set out in the Minimum Wages Act of 2015, and access the health, education, housing and old age benefits.”
But while such decisions are being made by the high and mighty, consuming bottled water and culinary delights in air-conditioned rooms, those at the receiving end see no silver lining to their plight. The cost of one bottled water, for example, is somebody’s bus fare for the day. The cost of eating a delightful steak could be some household’s entire expense on dinner. And the cost of air-conditioning might well be twice the average household income. For these underprivileged people, there is but a pittance and a prayer. May the millions of hard-working people who make our clothes and grow our food actually have clothes to wear and food to put on the table.
The writer is a freelance journalist. She tweets @zofeen28
Published in Dawn, EOS, January 28th, 2018