Have You Recently Filed An Accident At Work Claim?

If you have recently filed an accident at work claim there may be a few other detail to consider. In the UK if you're a victim of an accident at work which resulted in a personal injury you are eligible to make a claim for compensation. The injury does not have to come from a work related accident. It could also include an auto accident, Most personal injury claims from work related accidents are eligible for no win no fee representation. No win no fee claims allows you to take advantage of being represented by a solicitor without having to immediately come out of pocket. They will not be paid unless they win the claim. The solicitor will have to look at the claim and decide if they are willing to take the risk of representing you. The only risks involved stem from their time and effort that could be used on another no win no fee case.

As long as the injury stemmed from an accident that is someone else's fault you will be in good shape going the route of no win no fee. Many people believe it is too much trouble filing a personal injury claim. You only have three years from the date of the accident to make the claim. Do not wait till the last minute because you feel it will take too much work to see it through. The only way you would have longer to file the claim is if they injury only came about after the accident had occurred. An example would be if you slipped and hurt your back as a result of the fall. Sometime back injuries take years to fully come to fruition. In this case, you would have three years from the time when you first felt the symptoms of the injury to file the claim.

Do not feel bad about your company as they will not be the ones paying the compensation for the claim. By law, companies must carry Employers Liability insurance. They have this insurance to protect themselves from the exposure of a number of claims including work injury. The insurance company, not the employer, will be the ones paying the compensation for the accident. By law you also can not be terminated from your employer for making an accident at work claim. If for some reason you employer does decide to terminate you for making an accident claim, they could be subject to a law suit for unfair dismissal. You would be eligible to make another claim for that. Most employers do not make the mistake of sacking an employee for making an accident at work claim. It would be like adding fuel to the fire.

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What Are the Subtle Hints That Help You Decide If You've Chosen a Competent Barrister?

Among the very few professionals who evoke respect and awe, barristers count as one of them. The notion that this is a "predominantly white Oxbridge educated elitist profession for the men" is now being increasingly challenged by a large number of women and people from diverse backgrounds. But finding the right barrister can be a difficult task, especially given the fact that there are several thousand barristers and several hundred barristers' chambers, in the country. So what are the skills that you think helps to identity a good barrister?

Listening, I'd say. A barrister, who listens to the client, listens to the judge, the witnesses, the solicitor, the clerk...and everyone in general. Of course, this skill isn't something that's evident unless you observe proceedings conducted by the barrister, or have spoken to him. Unknowing to them, people often drop subtle hints and clues that can bring about a breakthrough in the case. When speaking to you, or the solicitor, a good barrister makes sure that he does not interrupt and can recall the minutest aspect of the conversation. And this'll surely help, because some experienced barristers are known to offer decisive advice, just by listening to the client and looking at the papers.

Another important skill that'll help you ascertain a good barrister is to check the manner in which he constructs an argument. The ability to construct a good argument is a decisive factor in a case. More than often, an argument that is constructed and presented well, helps to win over the jury and the judge, even when the facts of the case aren't so favorable. Barristers who can successfully persuade the client to understand the view of their client aren't a rarity and it certainly helps to find one.

A barrister does not directly deal with the client; it's the solicitor who does so. Most solicitors have well established relationships with barristers and can help you find one. Besides solicitors, the Bar Council also has a scheme where people can get direct access to barristers. Earlier, the interaction between clients and barristers was restricted. But now thanks to The Public Access Rules, 2004, clients can now interact and instruct directly to a barrister.

Would you prefer a barrister to plead your case with confidence or in a weak cowardly manner? Needless to say, the former! When you speak to a barrister, make sure he speaks with authority on the subject. His confidence would help him with public speaking and hence is sure to speak eloquently.

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Keeping Up With Labor Laws

Any business is dependent on the people who run its operations. From the board of directors to the maintenance department, people run businesses in different angles. It is then extremely important that these people are allowed to thrive in a situation where they feel rewarded and justified for keeping their positions in the company. Human resources are undoubtedly the driving force of any business organization and when this force is compromised in any way, there is a good chance that the business' interests will be compromised as well. Because of this, it is important for a company to devote an entire team ensuring equity to make sure that the people are being treated as fairly as possibly in order to prevent complications.

One of the ways these complications can arise is through an accusation that the company is violating labor laws. In fact, this is one of the most serious ways that a company can get in tangle with its human resources. How many times have we heard about companies closing down because they just couldn't strike a deal with employees who have launched a strike in protest of certain policies which they deem to be unacceptable as far as their employee rights are concerned? When workers begin to think they are not given the right treatment by their employers, they are likely going to take action in order for this treatment to be corrected. Of course, business owners should always be prepared to handle these situations.

Aside from devoting an entire team to the welfare of employees, it is also important for a company to seek constant, legal advice regarding the issues that may cause labor problems in the future. The need for this becomes even stronger as employers realize how dynamic labor laws are. What may be illegal today may no longer be legal tomorrow and vice-versa. In order to avoid conflicts with labor laws, it is crucial that a company is always in the know about the current labor issues and how getting in tangle with them may be avoided. The human resources department can take charge of internal events concerning employees, but it takes legal expertise to be able to position a company so it gains full advantage in the legal landscape.

There are law firms that offer their expertise in labor laws and it is the task of the chief executives to make sure they hire excellent employees or at least, the relationship between the employer and employees is running good to solidify and prevent any labor cases in the future. It may be good to cut legal fees in some instances, but for those who do not want to take a risk with the law, hiring professionals is always the best thing to do.

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An Employer Hasn't Paid Me

Has your employer not paid your wages? If so then you're probably stuck trying to figure out a way to get your hard-earned wage. You're probably feeling disgusted at how an employer is able to hold pay knowing how hard you've worked for it, and as a result you may even feel the need to confront him/her and demand the wage in an aggressive manner. Well before you do something irrational such as that, you need to know that help is at hand!

There are things you can do to get your money back. This article will give you a good idea of what you need to do in order to get your payment. However before you can move forward we need to know whether you have the right to receive payment. If the employer has withheld your payment, then the employer must let you know why they have done so. It must also be stated in your contract that such deductions can be made depending on the circumstance. E.G if you damage the company's property then you will be liable to pay for the damage, and this may be deducted from your wage as long as your contract states that you're liable for damage to company property. If no such deduction exists in your contract or if you didn't do anything that results in a deduction based on your contract then you are entitled to your wage. Otherwise if your employer holds your wage without written notification with good reason then it is classed as unlawful deduction of wage.

If the above doesn't apply to you and you do feel as though you deserve your money, then here's what you need to do. Firstly, need to make a case at the employment tribunal. The employment tribunal is used specifically for cases such as this, including an accidental mishap that occurs at work. This is a service that employees can use to make a case for free without worrying about paying for legal fees. It's basically a no win no fee claim. In order to make a claim you need to go to the following website http://www.justice.gov.uk where you will find other relevant information as well as an application form to start your claim.

After you have sent off your application you just need to be patient. You will normally be provided with an advisor who will contact and advise you on your situation. The advisor will try to be a middle man between you and the employer in order to come to a compromise, and would normally be able to generate an offer from the employer for you. However sometimes the offer is a lot less than what you expect, and in that case you can chose to refuse it and continue with your tribunal case where you may be able to receive the full amount that you're after. You should know that if you lose your case, you will end up with nothing so if you feel as though your case isn't as strong as it should be, then taking the lowered offer may not be such a bad idea.

Please also note that the above information is only relevant within the UK. I would advise you to do some research from your local council's website which is where this type of information would normally be found.

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How Too Much Lifting At Work Leaves Employees With Work Hernias

Hernias are five times more common among men than women, and around 95% of these injuries are medically defined as 'inguinal' hernias. An inguinal hernia involves a rupture in the abdominal wall, through which fat tissues or portions of intestine protrude. Though an inguinal hernia may not be painful initially, there will be a noticeable bump in the groin region, and the hernia is likely to ache during physical activities such as lifting and bending. Inguinal hernias are defined as either 'indirect', when the cause is a congenital defect in the abdominal wall, or 'direct', when physical activity has degraded the abdominal muscles, causing the rupture. It is estimated that around 70,000 hernia repair operations are carried out in the UK every year, the vast majority successfully. An inguinal hernia will however often result in a lengthy period of time off work, and related loss of earnings. An injured person may be unable to resume heavy lifting tasks at work, and may be forced to accept a less well-paid role, or even change professions.

Doctors will always recommend surgery when an inguinal hernia is diagnosed, due to potential medical complications if the injury is left untreated. These include disruption to the blood supply, potentially causing damage or death (necrosis) to the body's soft tissues, and obstruction of the bowel. A hernia operation requires the surgeon to push the protruding tissues or intestine back through the abdominal wall, and then secure the rupture by inserting a wire or plastic gauze. In this way a hernia is defined as being 'reducible'. Inguinal hernias are particularly common due to the natural weakness of the abdominal region, and the amount of pressure placed on muscles and tendons that make up to abdominal wall during everyday activities. While most people will make a full recovery within a few weeks following hernia surgery, the operation itself may cause further weakness in the abdominal region, and unfortunately there is a high rate of recurrence among hernia patients.

Hernia injuries at work are normally the result of a sudden excessive strain placed on the groin region, or repetitive strain, causing degeneration of the abdominal muscles and tendons over time. Hernias regularly affect the most active segment of the population, and this is reflected in industries with high incidence rates of hernias among workers. The lifting and transporting of heavy and awkward weights is probably the most common cause of hernias at work. Any other form of physical over-exertion may also cause a hernia, including pulling, pushing and supporting heavy loads. Hernias may develop from repetitive strain involved in actions including bending, reaching and twisting. The key here again is how much sustained pressure is placed on the abdominal wall. Severe or persistent coughing and sneezing may also caused hernias, conditions which can result from fumes or other airborne irritants in the workplace. Employers must ensure that their premises are adequately ventilated in this context.

Detailed regulations covering the lifting and transporting of loads at work are aimed at preventing working conditions likely to cause hernias among employees. Wherever possible such tasks should be mechanised, and where human involvement is unavoidable, tasks should be comprehensively risk assessed and properly supervised. Staff involved in handling heavy loads must also be provided with training in safe lifting techniques. Hernia compensation may reach £5,850 if an injured person had no congenital defect and the risk of recurrence is high. Where there may have been a pre-existing weakness, and a full recovery is made, compensation for a hernia caused by working conditions will range between 2,150GBP and 4,750GBP. Further compensation may also be awarded for loss of earnings and the cost of medical treatment.

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What Steps to Take If You Are Injured at Work

Injuries are very common in the workplace. Often, they are not very serious and are simply brushed off. However, when they are grave, it is important for you to take certain steps in order to secure your safety as well as rights. If not, you may be facing situations that are worse than the accident itself.

1. Safe Place

The first thing to do is get to a safe place and or make the area where the injury took place secure so no further harm may occur. Nothing else should matter until the threat is neutralized.

2. First Aid

When you are in a safe place, get or self administer the appropriate first aid measures.

3. Notify Supervisor or Boss

This is one of the first people who should be told of the injury. It is his job to asses the situation and take the appropriate steps, as determined by the law and the company. This will should most definitely include some sort of official report.

If the boss does not take the report, then insist that he do so. It will be one of the most important forms of evidence used to substantiate a workman's compensation and or insurance claims.

4. Medical Attention

Even if you do not think you need it, this step is important because it provides you with various levels of protection. For one, it will establish an official medical record of the injury. This is essential for any legal claims down the line.

Second, and most importantly, a post accident examination may detect injuries that are not apparent at first. Internal bleeding is an example of this. Left untreated, internal hemorrhages can quickly lead to death.

4. Rest

Do not over work yourself or the injury. This means do not try to be a hero and keep working. Doing so may end up working against you in the end. For instance, if you are harmed at work but keep on working freely, you may be waiving your right to sue if the harm was caused by employer negligence.

5. Consider Your Legal Options

Workers injured on the job usually get workman's compensation. However, there are situations which may warrant different actions, such as a law suit. When an employer is grossly negligent in maintaining the workplace, he may be sued for harm's caused by this negligence. This would be different than workman's compensation insurance which is given without the necessity of a lawsuit.

6. Stay Positive

Injuries have the tendency to batter the psyche and morale. If you have a work related injury that's getting you down, just remember to keep your spirits up. Time passes much more quickly with a positive attitude.

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Understanding Child Labor

In America, Child labor is strictly prohibited which means children under the age of 18 years cannot be employed. While this holds good for organizations not to employee children, there are several children who deliver newspaper every day, who sell magazines at the stations, who help parents at their farm. Do these activities come under the scanner? We need to be very specific and clear in defining what entails child labor.

Legislation has been fairly clear on explaining further and making certain allowances for children to be allowed to work only in certain areas and under specific conditions.

If the child has a found a job and it requires him to drive a motor vehicle, it would be a problem with quite a few jurisdictions that have very clear boundaries and limits to defining what is allowable and what is not.

Children need to be over 16 years of age to be able to qualify to apply for a driving license. The child labor laws also prohibit children below 16 years of age in most of the states to take up jobs that involve driving motor vehicle. So under both counts minors would have to wait to become 17 years old to be able to take up the job and the license.

The child labor laws are laid down detailing the conditions, the situations and the kinds of jobs along with timelines that the children can be engaged in legally and also specifies where they cannot be engaged. Children for example may not be allowed to serve in any public place beyond office hours and definitely not on night shifts.

All the states are very diligent and take extra care to ensure the labor laws are complied with. Children cannot be employed to work at nights and work continuously beyond 8 hours. The conditions at place of work have to be conducive for children to be employed.

The child protection legislations are explicit in detailing and guiding managements not to employ children where there is a chance of likely danger to the safety of the child or the situations are likely to be dangerous to his health. Children therefore cannot be made to work near fire, explosives, water or climb up on roof tops to work etc.

Should your require more information about the laws in a particular state, you could check the government website or contact a local employment attorney.

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Sloppy Job Titles and Compliance With the FLSA

Job Analysis Very few large employers have a job title/job code system that's 100% accurate and smaller organizations may not be aware of the need for this under the requirements of the Fair Labor Standards Act (FLSA), the law that covers how exempt and non-exempt employees should be treated by the organization for overtime and other employment conditions. Accurate job titling means that there's a suitable job code (with a job description) for every type of position, and every person/position is properly titled. Mis-titling can lead to mis-classification under the FLSA, and confusion when trying to analyze jobs.

Effective job analysis is the key to an effective and defensible FLSA review. Under the FLSA, positions, not jobs, must be classified accurately. A position represents a single "box" on the organization chart normally filled by a single incumbent, while a job refers to a common set of duties performed by one or more incumbents in the organization. Job analysis refers to the process of studying a job to identify "content", i.e. duties and responsibilities of a job.

In an FLSA classification review, you are seeking specific information about jobs that relate to the various exemption tests. For example, for any exemption test, you must identify the "primary duty" of the job. Since primary duty refers to several factors, including percentage of time spent, relative importance of duties, freedom from supervision, and pay relationships, it's important to collect detailed information to determine the primary duty of the job.

In many companies, there are hundreds of active job classifications and it is not practical to test them all under the FLSA rules. So here is today's Daily HR Tip:

Prioritize the jobs for review under the FLSA using the following criteria:

Jobs with both exempt and nonexempt employees (non-exempts may be at entry level)Entry-level and lower-level exempt jobs Jobs in business areas or families that have undergone significant organizational change Exempt jobs that have the title "assistant manager" or "team leader" or "supervisor" Jobs receiving attention from the Department of Labor, the courts, or the media Known "tricky" jobs for which exemption may be more difficult to establish (e.g. pilots, paralegals, IT tech support, etc.) High-headcount exempt jobs Jobs involving long work hours High-level nonexempt jobs

Proper FLSA classification of jobs is important to ensure that employees are treated fairly and legally and that employers avoid unnecessary penalties, which, if audited, can include prison time for repeat offenders!

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What Is The Role Of The Employment Tribunal?

It can sometimes seem like that there is no higher power then a persons employer, that they alone operate all the levers and that employees are subject to their rule like a king and his subjects. This is, however, a distorted vision of the relationship that exists between the employee and their employer. Firstly there is the employment contract which outlines the rules and obligations that each party has in relation to the other, then there is the workplaces own internal policies and procedures that govern the actions that both parties will take in certain situations. Finally if the employee still wants to pursue their cause higher, there are the Employment Tribunals.

The Employment Tribunals form is part of the UK Tribunals System which is regulated by the Administrative Justice and Tribunals Service and administered by the Tribunals Service. As such, Employment Tribunals are non- departmental public bodies that operate in England and Wales. The tribunal is a completely free service to both employers and employees, unless they decide to employ the services of an employment solicitor to represent them. Each Hearing by the Tribunal will consist of a panel of one qualified employment judge and two 'lay' people who must also have a working knowledge of employment law in the UK.

The Employment Tribunal is empowered with statutory rights of jurisdiction to hear various kinds of employment disputes. The types of cases most frequently brought before the Tribunals are cases involving claims of redundancy payments, discrimination in the workplace and unfair or wrongful dismissal. Because the tribunal has the statutory right of jurisdiction in such cases, all evidence is presented under oath and the panels decisions are thus legally binding. This means the Tribunals decision must be obeyed and that individuals open themselves up to accusations of perjury if they lie or withhold evidence. So the Tribunal functions like a less formal Court house and it can reward compensation to successful claimants, as well as issuing recommendations to employees, reinstating employers or finding them another role in the same company.

It must be noted that in 2005/6 only 18% of claims brought before the Tribunals were successful, with the rest being unsuccessful, withdrawn or settled outside of the Tribunal process.

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Workers Compensation Attorneys

Workers compensation can be a very difficult case to undergo depending on how big the company you work for is and what the exact circumstances of the case are. Many people today when they get hurt on the job they either do not bring it to the attention of their employer, or simply do nothing about not receiving enough compensation for their situation. The best thing you should if you are injured at your place of work is to immediately report it to your superior in order to give you the best chance of winning your workers compensation case.

You are protected by law that your employer pays owed wages and medical bills for an injury or accident that directly relates to your job. The grey area with this type of case is how much wages are owed, how long is sufficient to be out of work, and it is usually hard to get all of your medical bills paid by your employer. Many injured workers also get paid disability by their employer which is only two thirds of what you would typically make in a week, which for many people simply isn't enough.

Your medical expenses can also grow at a rapid pace if you suffered a very serious injury or illness at your place of work. You should never stop seeing medical help as long as you are not 100 hundred percent. Just because one day you feel slightly better, or think your injury has fully healed, doesn't mean you should stop going in for checkups. If you cut off your medical spending from your employers insurance, it is very hard to get back.

Some very key points to your workers compensation case includes documenting everything, being sure you inform the proper personnel of your injury when it happens, and to not just accept what your employer gives you, because usually you are owed more. Documenting is important for when you go to court because it will simply display all the facts of your case rather than go by your word versus your employer's word.

One of the main reasons as to why people are afraid to report a workplace injury is because they are afraid they will lose their job. They should not feel this way and should absolutely take the lawful actions that are their right in the event of an injury or accident while working. The best thing to do is to discuss your case with your trusted attorney and see what your options are.

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Hiring a Criminal Defense Lawyer for Drug Charges

Probably one of the most serious cases that anyone could face is drug charges. In many countries, the consequences of being proven guilty of this crime are no joke, which includes paying hefty fines, jail time and of course, a permanent mark on the criminal record. Aside from this, being convicted for this case would definitely affect the reputation of a person significantly, reducing good opportunities that he could take. That is why, when facing this serious kind of charges, it is very important to be represented by a good criminal defense lawyer.

Lawyers are professionals who can represent people who are facing drug charges offense or defense. They are expert individuals who are well trained and experienced in handling this kind of circumstances. Being professionals who have dedicated their lives studying laws and court systems, they are well knowledgeable about the ins and outs of these kinds of charges.

Hiring a criminal defense lawyer from a good criminal law firm is very essential in order for a person charged with drug cases to have their rights protected. If a person is properly represented, he would be guided carefully on the proper process. This would prevent you from saying things that can push you deeper into conviction, and this is true even if the person being charged is innocent of the crime.

Aside from this, being properly represented in facing drug charges increases the chance of positive outcome. Lawyers have a wide connection in different kinds of fields, allowing you to gather necessary evidence that would be needed for the progress of the case. The more evidence and data are gathered, the better the chances of having a stronger case for the defense.

Since the role the lawyers would play in the case is very crucial, you should be sure that you would be making the proper choice in selecting the attorney who will represent you. You should be sure that he has a wide experience in the field and know exactly how to get you out of the case with the best deal possible.

You should also select someone who has a good personality, someone you would be willing to entrust your life and future to. The relationship between the lawyer and the defendant is very important, as the two needs to cooperate for the progress of the case, getting a lawyer who you would be confident working with would result into greater advantages in the case.

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Massachusetts Overtime Law

Massachusetts labor laws are in place to protect workers from unfair compensation practices and overwork. In addition to minimum wage law and overtime law, Massachusetts Blue Laws restrict certain establishments from requiring work on Sundays and holidays, and establish a premium pay rate for such work.

Massachusetts Overtime Law

Overtime in Massachusetts is considered any time worked in excess of 40 hours during a single workweek. The workweek must be 7 consecutive days, beginning and ending on the same day of the week for the duration of your employment. For non-exempt employees, these overtime hours must be compensated at 1.5 times your regular rate of hourly pay.

Exemptions from Massachusetts overtime law are based on the nature of the work you actually perform, not on titles or salary. If your work is considered executive, professional, or administrative, for instance, you are likely exempt from overtime pay. However, having an executive title does not immediately exempt you. You must regularly perform the duties of an executive to qualify for exemption.

Massachusetts Minimum Wage

The minimum wage in Massachusetts is $8.00 an hour, which is higher than the Federal minimum ($7.25 an hour). Tipped employees making over $20 a month in tips must be paid a direct wage of no less than $2.63 an hour, which, when combined with the tips, should be equal to or greater than the minimum wage. If it falls short, the employer must pay the difference. Tipped employees must be legally notified of this information when they begin employment.

Massachusetts Blue Laws

Originating from the beginnings of America's colonial history, Massachusetts blue laws restrict the sale of goods and the ability to require work on Sundays and holidays. Most retail employees, for instance, must be paid time-and-a-half for work performed on Sunday, and said work must be optional. Refusing to work on Sunday cannot give an employer cause to discriminate against, discipline, or terminate an employee.

Most non-retail establishments may not operate on Sundays without a police permit. Holidays such as Thanksgiving and Christmas have severe restrictions on requiring employees to work, as do, to a lesser extent, Labor Day, Independence Day, and Memorial Day. Depending on the nature of your work and whether or not your employer has obtained a permit, you might not be required to work these holidays.

Unfair compensation practices violate your rights. Please visit USOvertimeLawyers.com for more information about Massachusetts labor laws, or to get in touch with Massachusetts wage and hour attorneys who are committed to fighting for workers' rights.

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Children and Women Labor Law

Recently I visited a packaging factory which was owned by one of my friend's father. They manufacture corrugated boxes (carton) with labor intensive processes. The formation of corrugated box includes many processes starting from the loading of huge paper reels on the corrugation machine, cutting and creasing, pasting, slotting, printing and ending with the stitching and bundling of the carton.

When I went to the manufacturing area of that company I was not surprised watching old women stitching and bundling the carton whereas small children transporting the corrugated boxes to the ware house and cleaning the waste of manufacturing area. When I asked the reason for hiring old women and such children for these tasks the owner of that company told me that due to the intense competition and increasing oil/gas and electricity prices it's very difficult to survive so to reduce their manufacturing cost they have to opt for such options.

If we talk regarding what Pakistani government has laid rules for the right of the labor in Pakistan we will come across different labor laws such as article 11 which states that child labor is prohibited and article 37(e) states that women should not be employed for the job which is not in accordance to their sex and age.

When I asked the owner of that company that is he not afraid if government comes to know that he is violating the labor law. He replied while smiling, afraid no way. Such activities are so common in Pakistan no one even give heed about this, everyone is just busy in earning in one way and another. Such statement from the owner tells us that the agencies which are protecting the labor laws in Pakistan are very inefficient and corrupt. If someone is caught, they very easily escape by bribing the officers.

Such exploitation of labor especially little children is not in favor of the country as they are the merely future of that nation. If they will be brought into the labor work from their childhood then who will go to schools and become future doctors, engineers and entrepreneur. Governments need to look after such activities and ensure that the department which has been kept responsible to ensure no such activities occur is working efficiently and effectively. Child labor results in the wastage of natural talent as these children if given opportunity to study can excel in different fields instead of just picking the garbage and doing donkey work.

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