A Turning Point for Pakistan’s Workers
Dr Saif ur Rehman
Islamabad: May Day, celebrated around the world as International Workers’ Day, is a reminder of the struggles for fair wages, decent work, and the right to employment. This day calls for not just reflection, but action, particularly in countries where workers’ rights are not adequately protected.
In nations like Pakistan, where labor laws and protection of employee rights often remain a distant ideal rather than a practice, the message of May Day rings louder than ever.
Pakistan, like many developing countries, still struggles with implementing effective labor laws, particularly when it comes to the right to employment.
This right is not only enshrined in the country’s Constitution under Article 18 but is also supported by international frameworks such as the International Labour Organization’s (ILO) conventions. Unfortunately, these protections remain theoretical in many cases.
However, a recent landmark ruling from Pakistan’s Federal Service Tribunal (FST) could change the course for many civil servants facing unjust termination and employment insecurity.
The Controversial Office Memorandum (OM) of March 19, 2025
On March 19, 2025, a controversial office memorandum (OM) was issued by Pakistan’s Establishment Division, instructing the termination of thousands of federal employees.
Read More: https://thepenpk.com/how-korean-dramas-won-pakistani-youth/
These employees, hired and regularized during the tenure of the PPP government (2008-2013), found themselves vulnerable to losing their jobs.The OM seemed to be a direct contradiction to the principles of fairness and justice, and it raised serious concerns regarding the violation of their right to employment.
The memo’s implications were alarming, as it threatened to strip thousands of employees of their livelihoods, despite the fact that their regularization had been authorized by the competent authority at the time—the Prime Minister of Pakistan, who is vested with the authority to make such decisions under the Constitution.
However, the very next month, a historic event unfolded in the judicial system of Pakistan that could shift the narrative.
FST’s Groundbreaking Judgment
On April 14, 2025, the FST delivered a groundbreaking judgment in a separate appeal, with the counsel for the plaintiffs being advocates Afnan Karim Kundi and Muhammad. This judgment not only rejected the controversial OM but also emphasized the importance of safeguarding the constitutional rights of civil servants.
By approving the judgment for reporting, it became a legal precedent, meaning that it will be cited in future cases and form the basis of legal reasoning.
This decision was a significant victory for the civil servants who had been at the mercy of a potentially unjust order. It reinforced the idea that employees have the right to challenge any order they find unjust, and it underscored the importance of transparency and accountability within the system. It also emphasized that the right to employment is a fundamental human right, and no executive action should strip citizens of this fundamental right without due process.
The Role of Parliament, ILO
The judgment also underscored the changing dynamics in Pakistan’s political and constitutional landscape. After the 26th constitutional amendment, which tilted the balance of power in favor of Parliament, the role of the judiciary in matters related to fundamental human rights has been increasingly scrutinized. This amendment has given Parliament the ability to legislate on issues concerning the Constitution and the protection of the rights of citizens, including the right to employment.
Moreover, the judgment echoed the need to align with international labor standards as set by the ILO, which Pakistan is a signatory to. The ILO’s conventions on labor rights, including the right to work and job security, call for a fair and transparent approach to employment practices, which the controversial OM of March 19 violated.
Read More: https://thepenpk.com/why-chinas-public-diplomacy-works-better-in-pakistan/
A Call for Intervention
On this May Day, as we celebrate the rights of workers across the globe, it is essential to remember those whose livelihoods are threatened by unjust policies. This is why I appeal to Bilawal Bhutto Zardari, the chairman of the Pakistan People’s Party (PPP) and the architect of the 26th constitutional amendment, to intervene on behalf of the employees of the Khursheed Shah Committee.
The PPP has long been known for its pro-worker stance and its commitment to the rights of the marginalized. As the only leftist, pro-worker party in Pakistan, it has historically championed the cause of the working class. Today, it is crucial that the PPP takes a stand for the workers who have been regularized by the Khursheed Shah Committee. These employees deserve to have their right to employment protected, as guaranteed by Pakistan’s Constitution and international law.
Ensuring Justice for Civil Servants
The judgment passed by the FST offers two potential paths for employees who feel aggrieved by the OM:
Legal Recourse: Employees can challenge the OM before a service tribunal or any equivalent court.
Government Intervention: The incumbent government, in good faith, can play a proactive role to nullify the controversial OM and protect the employees’ right to employment in line with constitutional guarantees and ILO conventions.
By taking action, the government can restore faith in the justice system and ensure that the fundamental rights of civil servants are upheld. This would not only serve justice but also send a strong message about the importance of protecting the rights of workers, which is at the core of the May Day celebration.
On this May Day, as we reflect on the importance of labor rights, it is crucial to understand that these rights must be protected in practice, not just in theory. The recent FST judgment is a step in the right direction for safeguarding the rights of employees in Pakistan.
It highlights the need for transparency, accountability, and respect for constitutional and international labor standards.
As workers across the world unite for their rights, we must ensure that the government and lawmakers in Pakistan uphold the promises of justice, fairness, and dignity for workers. Protecting the right to employment is not just a legal obligation—it is a moral one that must be honored on May Day and every day.
The writer is a medical doctor, fitness enthusiast, and passionate advocate for public health and human rights.
