EMPLOYMENT TERMINATION AND THE DOCTRINE OF REASONABLE NOTICE IN PAKISTAN: A CASE FOR LEGAL REFORM

Abstract

This article examines the doctrine of reasonable notice in the context of employment termination under Pakistani law. While the legal framework in Pakistan including statutes like the “Industrial and Commercial Employment (Standing Orders) Ordinance, 1968” prescribes limited notice requirements, these apply to a narrow category of workers and fail to address the needs of the broader labour market. Unlike in common law countries such as Canada or the England, where reasonable notice is implied as a term of employment, Pakistan lacks a developed doctrine offering similar protection.

The article explores judicial trends in Pakistan, highlighting the limited scope of labour courts and the lack of reliable judicial reasoning on wrongful termination. It argues that the absence of statutory and judicial recognition of reasonable notice results in legal uncertainty and economic vulnerability for employees, especially those working under informal or contractual environment. Drawing from comparative jurisprudence and constitutional principles of fairness, the paper makes a case for judicial recognition and legislative codification of the reasonable notice requirement.

It concludes by proposing concrete reforms, including the insinuation of reasonable notice as a term of employment contracts, the enactment of a comprehensive Employment Protection Act, and the expansion of dispute resolution mechanisms. Such reforms are necessary to promote job security, industrial harmony, and fairness in Pakistan’s evolving employment scenario.