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The Implications of Pay-Rolling Agency Systems for Workers’ Statutory Rights in Pakistan

Published online by Cambridge University Press:  22 February 2013

ABDULLAH ZAFAR SHEIKH*
Affiliation:
Royal Docks Business School, Docklands Campus, University of East London, University Way, London E16 2RD, email: [email protected]

Abstract

The proliferation of agency employment in Pakistan is a serious social problem and a public policy concern because of the potentially negative implications for agency workers’ basic statutory rights. Agency workers are normally given a vastly different, often negligible, package of benefits compared to their permanent counterparts and are generally excluded from collective bargaining arrangements. Unions regard the use of agency employment as a threat to their jurisdiction and membership. This study explored the motives, nature and implications of agency employment in six case study organisations in Pakistan. A total of eighty-nine interviews, undertaken with employers’ representatives, agency and union officials and agency workers revealed sufficient evidence confirming previous anecdotal evidence that some employment agencies are not truly genuine and the set up was merely a legal fiction. Evidence suggested that agency employment often involves dubious, unfair, law-evading and at times illegal practices, such as the use of pay-rolling agencies. The pay-rolling agency system is potentially an attempt by employers to bypass statutory obligations concerning workers’ benefit entitlements and trade union rights by paying workers through an agency to illustrate the indirectness of employment. It thus appeared from the evidence that the use of temporary agency workers is, in many instances, a labour relations strategy rather than a matter of workforce flexibility, and challenges the widely held belief that temporary work has only been a natural and inevitable response to changes in the economy.

Type
Articles
Copyright
Copyright © Cambridge University Press 2013

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References

Afzal, A. (2006), ‘Pakistan, the WTO, and labor reform’, Boston College International and Comparative Law Review, 29: 1, 107–22.Google Scholar
Arrowsmith, J. (2006), ‘Temporary agency work in an enlarged European Union’, European Foundation for the Improvement of Living and Working Conditions, Dublin.Google Scholar
Atkinson, J. (1984), ‘Manpower planning for flexible firms’, Personnel Management, 6: 2831.Google Scholar
Biggs, D., Burchell, B. and Millmore, M. (2006), ‘The changing world of the temporary worker: the potential impact of legislation’, Personnel Review, 35: 2, 191206.CrossRefGoogle Scholar
Boxall, P. and Purcell, J. (2003), Strategy and Human Resource Management, New York: Palgrave Macmillan.Google Scholar
Burgess, J., Rasmussen, E. and Connell, J. (2004), ‘Temporary agency work in Australia and New Zealand: out of sight and outside the regulatory net’, New Zealand Journal of Employment Relations, 29: 3, 2536.Google Scholar
Cetinkaya, E. and Danisman, S. (2011), ‘An investigation on profiles of private employment agencies in Turkey: what are their current characteristics?’, Business and Economic Research Journal, 2: 3, 173–87.Google Scholar
Connell, J. and Burgess, J. (2002), ‘In search of flexibility: implications for temporary agency workers and human resource management’, Australian Bulletin of Labour, 28: 4, 272–83.Google Scholar
Cowell, N. and Singh, G. (2002), ‘Union substitution in British Caribbean’, International Journal of Human Resource Development and Management, 2: 1, 394414.Google Scholar
Davidov, G. (2004), ‘Joint employer status in triangular employment relationships’, British Journal of Industrial Relations, 42: 4, 727–46.CrossRefGoogle Scholar
Dawn, (2002), ‘Hotel's Workers Release Demanded’, Dawn, 21 January, Karachi: Pakistan, www.dawn.com.Google Scholar
Dickens, L. ((2004), ‘Problems of fit: changing employment and labour regulation’, British Journal of Industrial Relations, 42: 4, 595616.CrossRefGoogle Scholar
Cotten, E. (2010), ‘Contract and agency labour: beyond self-regulation?’, Working Paper, Middlesex University.Google Scholar
Forde, C. and Mackenzie, R. (2010), ‘The ethical agendas of employment agencies towards migrant workers in the UK: deciphering the codes’, Journal of Business Ethics, 97: 3141.CrossRefGoogle Scholar
Fudge, J. (2006), ‘The legal boundaries of the employer, precarious workers, and labour protection’, in Davidov, G. and Langille, B., Boundaries and Frontiers of Labour Law, Portland, OR: Hart Publishing, pp. 295316.Google Scholar
Haque, I. (2004), ‘Contract system, ban on trade unions to go’, Daily Jang, 17 July, Karachi, Pakistan.Google Scholar
Heery, E. (2004), ‘The trade union response to agency labour in Britain’, Industrial Relations Journal, 35: 5, 434–50.CrossRefGoogle Scholar
Hudson, K. (2007), ‘The new labor market segmentation: labor market dualism in the new economy’, Social Science Research, 36: 286312.CrossRefGoogle Scholar
Houseman, S. (2001), ‘Why employers use flexible staffing arrangements: evidence from an establishment survey’, Industrial and Labour Relations Review, 55: 1, 149–70.CrossRefGoogle Scholar
IRO (2002), Industrial Relations Ordinance, Ministry of Labour, Government of Pakistan.Google Scholar
Khan, S. and Kazmi, S. (2003), ‘Revenue distributions across value chains: the case of home-based sub-contracted workers in Pakistan’, Working Paper No. 2003–04, Department of Economics Working Paper Series, University of Utah, USA.Google Scholar
Khilji, S. (2004), ‘Human resource management in Pakistan’, in Budhwar, P. and Yaw, D., Human Resource Management in Developing Countries, London: Routledge.Google Scholar
Kok, W. (2004), Jobs, Jobs, Jobs: Creating More Employment in Europe, Luxembourg: Office for Official Publications of the European Communities.Google Scholar
Matiaske, W. and Nienhuser, W. (2006), ‘Effects of the “principle of non-discrimination” on temporary agency work: compensation and working conditions of temporary agency workers in 15 European countries’, Industrial Relations Journal, 37: 1, 6477.Google Scholar
Mitlacher, L. (2007), ‘The role of temporary agency work in different industrial relations systems – a comparison between Germany and the USA’, British Journal of Industrial Relations, 45: 3, 581606.CrossRefGoogle Scholar
Purcell, J., Purcell, K. and Tailby, S. (2004), ‘Temporary work agencies: here today, gone tomorrow?’, British Journal of Industrial Relations, 42: 2, 705–25.CrossRefGoogle Scholar
Qadir, A. (2006), Unions and Challenges: An analysis of the Pakistani Situation, Trade Union Country Report, www.fesportal.fes.de/portal30/docs/FOLDER/WORLDWIDE.Google Scholar
Samad, Y. and Ali, K. (2000), ‘Labour in Pakistan’, International Labour and Working-Class History, 58: 314–17.CrossRefGoogle Scholar
Sankaran, K. (2007), ‘Labour laws in South Asia: the need for an inclusive approach’, International Institute for Labour Studies, at http://www.ilo.org/public/english/bureau/inst/publications/discussion/dp17607.pdf (viewed on 19/02/2012).Google Scholar
Sayeed, A., Ali, K., Parveen, F. and Ali, S. (1997), Contract Labour in the Pakistani Garment and Textile Sector, a research project sponsored by the International Labour Organisation (ILO) and Pakistan Institute of Labour Education and Research (PILER).Google Scholar
Shafi, P. (2005), Commentary on ‘Industrial Relations Ordinance 2002, Bureau of Labour Publications.Google Scholar
Sheikh, M., Naveed, F. and Iqbal, M. (2011), ‘A study of contract employment as a suitable alternative to permanent employment’, Journal of Asian Scientific Research, 1: 3, 101–11.Google Scholar
Smith, V. and Neuwirth, E. (2009), ‘Temporary help agencies and the making of a new employment practice’, Academy of Management Perspective, 23: 1, 5672.CrossRefGoogle Scholar
Storrie, D. (2002), Temporary Agency Work in the European Union, Dublin: European Foundation for the Improvement of Living and Working Conditions.Google Scholar
Wynn, M. (2009), ‘Regulating Rogues? Employment agency enforcement and sections 15–18 of the Employment Act 2008’, Industrial Law Journal, 38: 6472.CrossRefGoogle Scholar
World Bank (1998), Pakistan Public Expenditure Review: Reform Issues and Options, World Bank Report, Washington, DC: World Bank.Google Scholar
Zuehl, J. and Sherwyn, D. (2001), ‘Identifying uniform employment-termination practices for multinational employers’, Cornell Hotel and Restaurant Administration Quarterly, 42: 5, 72.CrossRefGoogle Scholar