Last Change:
04/30/2025
Balochistan Minimum Wages Act, 2021
Year: 2021
Type: Domestic law
Rights Category: Work & Workplace rights
Description
An Act to provide for the regulation of minimum rates of wages and various allowances for different categories of workers employed in certain industrial and commercial undertakings and establishments, so as to ensure decent living conditions for workers. Whereas in pursuance of 18th Constitutional Amendment it is expedient to enact the law necessitating periodical review of minimum wages and to provide for the regulation of minimum rates of wages for workers employed in all industries and occupations in keeping with the economic conditions prevailing in the Province of Balochistan
Selected provisions
(1) As soon as may be after commencement of this Act, the Government shall by notification in the official Gazette establish a Minimum Wages Board for Balochistan consisting of the following eight members to be appointed by it, namely: -
(a) Director General Labour Welfare, Balochistan/Chairman of the Board;
(b) one independent member;
(c) three members to represent the employers of Balochistan, including at least one woman; and
(d) three members to represent the workers of Balochistan, including at least one woman:
Provided that for the purpose of discharging the functions of a Board specified in section 5 the following two more members appointed by the Government shall be added, namely: -
(i) One member to represent the employers connected with the industry or business concerned; and
(ii) One member to represent the workers engaged in such business or industry.
(2) The Chairman of the Board and the independent member shall be appointed from persons with adequate knowledge of industrial, labour and economic conditions of the Province who are not connected with any industry or associated with any employers’ or workers’ organization.
(3) The member to represent the employers of Balochistan and the member to represent the workers of Balochistan under sub-section (1) shall be appointed after considering nominations, if any, of such organizations as the Government considers being representative organizations of such employers and workers respectively.
(4) The members referred to in the proviso to clause (d) of subsection (1) to represent the employers connected with and the workers engaged in the industry or business concerned shall be appointed after considering nominations, if any, of such organizations as the Government considers to be representative organizations of such employers and workers respectively.
(5) The term of office of the members of the Board, the manner of filling casual vacancies therein, the appointment of its committees, if any, the procedure and conduct of the meetings of the Board and its committees and all matters connected therewith, including the fees and allowances to be paid for attending such meetings to the nonofficial members, and other expenses, including expenses for the services of experts and advisers obtained by the Board, shall be such as may be prescribed by rules made under section 17.
(1) A Board shall, upon a reference made to it by the Government, recommend to such Government, after such enquiry as the Board thinks fit, the minimum rate of wages for all workers (adult, adolescent and young persons) in the categories of unskilled, semi-skilled and skilled and those having expertise in any field employed in industrial undertakings and commercial concerns in the Province.
(2) In its recommendations under sub-section (1), the Board shall indicate, whether the minimum rates of wages should be adopted uniformly throughout the Province or with such local variations for such localities as are specified therein.
(1) Where in respect of any particular industry in the Province for which no adequate machinery exists for effective regulation of wages, the Government is of the opinion that, having regard to the wages of the workers employed in the undertakings engaged in such industry, it is expedient to fix the minimum rates of wages of such workers, it may direct the Board to recommend, after such enquiry as the Board thinks fit, the minimum rates of wages either for all such workers or for such of them as are specified in the direction.
(2) In pursuance of a direction under sub-section (I), the Board may recommend minimum rates of wages for all classes of workers in any grade and in such recommendation, may specify –
(a) the minimum rates of wages for –
(i) time work;
(ii) piece work;
(iv) overtime work; and
(v) work on the weekly day of rest and for paid holidays; and
(b) the minimum time rates for workers employed on piecework so as to guarantee minimum wages on a time basis for such workers.
(3) The time rates recommended by the Board may be on hourly, daily, weekly or monthly basis.
(4) The rates recommended under this section for overtime work and work on paid holidays shall not be less than the minimum rates fixed for such work under any other law for the time being in force.
(1) Upon receipt of a recommendation of the Board under section 4 or section 5, the Government may, –
(a) by notification in the official Gazette, declare that the minimum rates of wages recommended by the Board for the various workers shall, subject to such exceptions as may be specified in the notification, be the minimum rates of wages for such workers; or
(b) if it considers that the recommendation is not, in any respect, equitable to the employers or the workers, within thirty days of such receipt, refer it back to the Board for reconsideration with such comments thereon and giving such information relating thereto as the Government may think fit to make or give.
(2) Where a recommendation is referred back to the Board under clause (b) of subsection (I), the Board shall reconsider it after taking into account the comments made and information given by the Government and, if necessary, shall hold further enquiry and submit to such Government: -
(a) a revised recommendation; or
(b) if it considers that no revision or change in the recommendation is called for, make report to that effect stating reasons therefore.
(3) Upon receipt of the recommendation of the Board under sub section (2), the Government may, by notification in the official Gazette, declare that the minimum rates of wages recommended under that sub-section by the Board for various workers shall, subject to such modifications and exceptions as may be specified in the notification, be the minimum rates of wages for such workers.
(4) Unless any date is specified for the purpose in the notification under sub-section (1) or sub-section (3), the declaration there-under shall take effect on the date of publication of such notification.
(5) Where after the publication of a notification under sub-section (1) or sub-section (3) or after the minimum rates of wages declared there-under have taken effect, it comes to the notice of the Government that there is a mistake in the minimum rates of wages so declared, or that any such rate is inequitable to the employers or the workers, it may refer the matter to the Board and any such reference shall be deemed to be a reference under sub-section (2).
(6) The minimum rates of wages declared under this section shall be final and shall not in any manner be questioned by any person in any court or before any authority.