Hired and Fired
The corporate world in Pakistan is replete with examples of malpractices that weaken applicants, employees and even pitching agencies. Such practices undermine trust, exploit talent, and make a mockery of state laws.
A private university recently asked shortlisted candidates to draft a five-year growth strategy, only to reject them all and use their proposals without any compensation.
A pharmaceutical company requested an applicant to create a detailed presentation and then rejected her, claiming she was overqualified while demanding the presentation’s soft copy.
An advertising agency’s CEO asked for a competitive analysis from an applicant, offered him a job based on the project, but later dismissed him without any formal employment contract after receiving the report.
Gather Market Intelligence: Clients use the pitches to learn about the latest trends and insights in the market, as highlighted by a CEO of a large fashion brand who candidly admitted they were “educating” themselves.
Steal Creative Ideas: Agencies invest significant time and resources in developing concepts and strategies, only to see their ideas implemented with minor modifications by the client – without awarding them the account.
‘Company Policy’: Companies claim that their internal policies do not provide for gratuity payments to certain categories of employees.
Financial Constraints: Some companies cite financial difficulties as a reason for not paying gratuity.
Misclassification of Employees: Employers often misclassify employees as contractors, freelancers, or temporary workers to avoid gratuity obligations.
These excuses hold no legal weight against the clear mandatory requirements of Pakistan’s labour laws. Courts in Pakistan have consistently dismissed such arguments, emphasising that no company policy can override statutory rights provided to employees.
Other companies do issue appointment letters but include dubious terms and conditions such as: “You will be governed by all company rules and regulations in force from time to time, and your terms of service will be subject to prevailing policies and procedures.” Such clauses do not specify whether it pertains to written rules and regulations, or whether such policies are fair and developed within the framework of existing labour laws. The purpose is to make the interpretation fluid, so it can be manipulated according to circumstance.
Combating these malpractices requires a multifaceted approach:
1 Legal Action: Affected employees should not hesitate to pursue legal avenues. Labour laws in Pakistan provide robust protection and the judiciary typically supports workers in clear-cut cases of exploitation.
2 Public Awareness: We must raise the level of awareness about these issues in order to pressure companies to adhere to ethical standards. Media coverage and social media campaigns can help address these concerns.
3 Compliance with Labour Laws: Employees aware of their legal rights are in a far better position to deter companies guilty of unfair employment practices. The Securities and Exchange Commission of Pakistan (SECP) must conduct regular audits and compliance checks to ensure adherence to labour laws.
4 Non-Disclosure Agreements (NDAs): Agencies should request clients to sign NDAs before sharing detailed pitch materials. NDAs can legally bind clients to not use the ideas without the agency’s consent.
5 Support Systems: Establishing support systems like legal aid and counselling for affected employees can help them navigate the challenges posed by such malpractices.
6 Intellectual Property Rights: Agencies own the intellectual property of their creative concepts until a contract is signed, transferring those rights to the client. Unauthorised use of these ideas may constitute intellectual property theft.
7 Pitch Fees: Implementing a pitch fee structure wherein clients paying agencies for the pitch process can deter frivolous pitches and compensate agencies for their efforts.
By addressing these unethical practices, we can foster a more equitable and respectful work environment that values the contributions of every individual.
Khalid Naseem is a brand and marketing strategy consultant and freelance writer.
khalid.naseem.795@gmail.com
1 Legal Action: Affected employees should not hesitate to pursue legal avenues. Labour laws in Pakistan provide robust protection and the judiciary typically supports workers in clear-cut cases of exploitation.
2 Public Awareness: We must raise the level of awareness about these issues in order to pressure companies to adhere to ethical standards. Media coverage and social media campaigns can help address these concerns.
3 Compliance with Labour Laws: Employees aware of their legal rights are in a far better position to deter companies guilty of unfair employment practices. The Securities and Exchange Commission of Pakistan (SECP) must conduct regular audits and compliance checks to ensure adherence to labour laws.
4 Non-Disclosure Agreements (NDAs): Agencies should request clients to sign NDAs before sharing detailed pitch materials. NDAs can legally bind clients to not use the ideas without the agency’s consent.
5 Support Systems: Establishing support systems like legal aid and counselling for affected employees can help them navigate the challenges posed by such malpractices.
6 Intellectual Property Rights: Agencies own the intellectual property of their creative concepts until a contract is signed, transferring those rights to the client. Unauthorised use of these ideas may constitute intellectual property theft.
7 Pitch Fees: Implementing a pitch fee structure wherein clients paying agencies for the pitch process can deter frivolous pitches and compensate agencies for their efforts.
By addressing these unethical practices, we can foster a more equitable and respectful work environment that values the contributions of every individual.
Khalid Naseem is a brand and marketing strategy consultant and freelance writer.
khalid.naseem.795@gmail.com
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