You worked at a factory for three years. One morning the manager says do not come back. No notice, no reason, no last salary.
Pakistan has special courts for worker employer disputes, and they are meant to be quicker and cheaper than ordinary civil courts. This guide covers the steps to file a case, the deadlines you cannot miss, and what the court can order.
What is a labour court in Pakistan?
A labour court hears disputes between workers and their employers. In Punjab, the government sets up these courts by notification, and each one has a single presiding officer who is, or has been, a District Judge or an Additional District Judge (section 44 of the Punjab Industrial Relations Act 2010).
The court decides individual grievances, unfair labour practices, and disputes about settlements. It can also pass interim orders, which are temporary decisions while the case is still running.
At the federal level the same work is done by the National Industrial Relations Commission, or NIRC. It was created under section 53 of the Industrial Relations Act 2012, and it handles Islamabad and employers that work in more than one province.
Who can file a case?
The law protects workmen, and the word covers more people than you might think. A workman is anyone employed for hire or reward, directly or through a contractor, including a supervisor or an apprentice. It also covers a worker dismissed, discharged, retrenched, or laid off (section 2 of the Industrial Relations Act 2012).
Two groups are left out. People employed mainly in a managerial or administrative role are not workmen, and police, defence, and certain security staff are outside the Act.
Which court hears your case?
The answer depends on where your employer operates.
- Your employer works in only one province, like a factory in Lahore or a shop in Karachi. The case goes to that province's Labour Court.
- Your employer works in more than one province, is based in Islamabad, or is a federal body like most banks and airlines. The case goes to the NIRC.
A mistake here can cost you months, so check the nature of the employer's business before you file anywhere.
Step 1: Send a written grievance notice
This is the step most people miss. Before any court will hear you, the grievance must first be raised in writing with your employer. You can send it yourself, or through your shop steward or union (section 33 of the Industrial Relations Act 2012).
You have 90 days from the day the problem happened. A late notice, or no notice at all, is the most common reason petitions get thrown out.
Keep proof of service. Send it by registered post or courier, or get a stamped receiving copy. Without proof the employer received it, the case can collapse at the first hearing.
Step 2: Wait for the reply
The employer must answer in writing within 15 days if you raised the grievance yourself, and within 7 days if it went through a shop steward or the collective bargaining agent.
If the reply is unsatisfactory, or no reply comes at all, you can move to the next step.
Step 3: File the grievance petition
The petition is the formal application to the Labour Court or the NIRC. You must file it within 60 days of receiving the employer's reply, or within 60 days of the 15 day period running out. The NIRC's official procedure sets out what the petition must contain:
- Your name, designation, and address, and the employer's.
- Numbered paragraphs, each stating one fact.
- The relief you are asking for.
- A copy of the grievance notice and proof that it was served.
- A copy of the employer's order you are complaining about, if there is one.
- Copies of the documents you rely on.
The petition must be signed or thumb impressed, in three copies plus one for each respondent. If you file late, the petition must come with an application, supported by an affidavit, explaining the reason for the delay. The law lets courts forgive delay with good reason (section 85 of the Industrial Relations Act 2012).
Court fees for a grievance petition are nominal, and the exact amount varies by province.
What the court can order
The court goes into all the facts and passes the order that is just and proper. In dismissal cases the orders you can ask for include:
- Reinstatement, meaning you go back to the job.
- Back benefits, meaning the wages lost during the dispute.
- Compensation where going back to the job is not practical.
- Recovery of unpaid salary, gratuity, or provident fund.
Money due under an award can be recovered like government revenue, with the NIRC holding Collector Grade 1 powers for this (section 52 of the Industrial Relations Act 2012).
If the employer does not follow the order, the penalty is serious. Under the federal Act it is up to one year in prison or a fine up to Rs 75,000, or both. In Punjab it is up to three months or a fine up to Rs 500,000.
If your complaint is about wages below the minimum wage in Pakistan, or about overtime pay in Pakistan, those are separate rights you can raise in the same claim. If you were sent away without notice, the guide on being fired without notice in Pakistan explains what notice you were owed.
What if you lose?
A labour court decision is not the end. You can appeal within 30 days. Under the federal Act, appeals go to a Full Bench of the NIRC. In Punjab, appeals go to the Labour Appellate Tribunal, whose member is a serving or former judge of the Lahore High Court.
If the order was for reinstatement and the appeal court stays it, the appeal must be decided fast. The federal Full Bench has 20 days, and Punjab's Tribunal has 90 days. If the appeal is not decided in time, the stay falls away and the reinstatement order stands.
Beyond appeals, a constitutional petition can be filed in the High Court under Article 199, and a further appeal can go to the Supreme Court.
What you need before you file
Paperwork decides these cases. Gather everything you have:
- Appointment letter or employment contract.
- Salary slips or bank statements showing salary credits.
- The termination letter or show cause notice, if there is one.
- Your CNIC and service record.
- Proof of the grievance notice.
Bank statements are the most useful evidence most workers already hold. They show the job and the amount, without depending on the employer producing anything.
Do you need a lawyer?
You can file on your own, but the procedure is technical and the deadlines are strict. If money is the problem, free legal aid in Pakistan covers labour matters too.
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More guides on Pakistan's laws are on the Lexiber blog, and the home page has the free legal AI.
