Section 6: Contracts of employment

6. Contracts of employment.___(1) A State is not immune as respects proceedings relating to a contract of employment between a State and an individual where the contract was made, or the work is to be wholly or partly performed in Pakistan; Explanation.___ In this subsection, “proceedings relating to a contract of employment” includes proceedings between the parties to such a contract in respect of any statutory rights or duties to which they are entitled or subject as employer or employee. (2) Subject to sub-sections (3) and (4), sub-section (1) does not apply if___ (a) at the time when the proceedings are brought the individual is a national of the State concerned; or (b) at the time when the contract was made the individual was neither a citizen of Pakistan nor habitually resident in Pakistan; or (c) the parties to the contract have otherwise agreed in writing. (3) Where the work is for an office, agency or establishment maintained by the State in Pakistan for commercial purposes, clauses (a) and (b) of sub-section (2) do not exclude the application of sub-section (1) unless the individual was, at the time when the contract was made, habitually resident in that State. (4) Clause (c) of sub-section (2) does not exclude the application of sub-section (1) where the law of Pakistan requires the proceedings to be brought before a Court in Pakistan.

Effective date: 1981-01-01

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