Who owns your labour in terms of the contract

He signed over Kashmir to India, but Pakistan refused to recognize the accession. The status of Kashmir has remained in dispute. In March , Pakistan finally produced a constitution and formally became an Islamic republic within the Commonwealth. General Iskander Mirza became its first president. In October , President Mirza abrogated the Constitution, banned political parties, declared martial law and granted power to General Muhammad Ayub Khan.

In he was elected to the presidency and abolished the office of prime minister. A new Constitution was promulgated in by then President Bhutto.

In November of the same year, elections brought the first elected woman in a Muslim country, Benazir Bhutto, daughter of Zulfikar Ali Bhutto, to the head of the state. She held office until In October , General Pervez Musharraf, in a military coup, deposed Prime Minister Nawaz Sharif, issued a Provisional Constitutional Order, suspended the Constitution and the federal and provincial parliaments, and designated himself as Chief Executive.

In August , President Musharraf promulgated 29 constitutional amendments the Legal Framework Order with the effect of making Presidential power resistant to any political opposition in the parliament.

Elections to the Senate were held in February By March of the same year, the Constitution was fully restored. In December several new amendments were introduced to the Constitution, which somewhat limited the Presidential powers. A permanent Constitution of Pakistan became effective as of 14 August The Constitution , as amended up to December , provides for a federal democratic State, based on Islamic principles of social justice, though Pakistan has often alternated between civilian rule and extended periods of military rule.

Executive power is vested in the President, who is also the Head of State. The President is elected by an electoral college composed of the members of both Houses, and the members of Provincial Assemblies. Pursuant to Article 41 of the Constitution, the validity of the election of the President shall not be called in question by or before any court or other authority.

The President holds office for a term of five years, renewable once. The President acts upon advice of the Cabinet or the Prime Minister, but may require them to reconsider such advice, before acting in accordance with it. The President acts in his or her discretion upon matters entitled to him or her by the Constitution.

The validity of such acts may not be called into question on any grounds whatsoever Article 48 2 of the Constitution. The President has the power to dissolve the National Assembly, on the advice of the Prime Minister Article 58 of the Constitution , or in his or her own discretion, under certain circumstances.

The Prime Minister must obtain the confidence of the National Assembly. The Cabinet is responsible to the National Assembly, which may pass a vote of no confidence.

The Senate is a permanent legislative body and is comprised of members, of which members of the four Provincial Assemblies, Federally Administered Tribal Areas and Federal Capital form its electoral college. The term of the Senators is 6 years. The Constitution provides for the number of women to be elected in the different bodies. The Senate may not be dissolved.

The National Assembly has a total membership of elected through adult suffrage, of which 60 seats are reserved for women, and 10 seats are reserved for non-Muslims. The seats of the National Assembly are allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of their population in accordance with the last officially published census.

The Federal Legislative List , which identifies the subjects within the sole legislative purview of Parliament, is divided into two parts. Legislation on items in the first part, which includes national defense, nationality and citizenship, foreign affairs, civil service and a wide range of other items, must be introduced in the National Assembly.

If passed by the National Assembly, the bill is then forwarded to the Senate for consideration. Within a period of ninety days, the Senate may either pass the bill with or without amendment, or reject it entirely. If the Senate should fail to take any action on the bill within the prescribed period of time, the bill is deemed to have been passed without amendment. It then moves on to the President for assent and for publication as an act of Parliament.

An amended or rejected bill must be reconsidered by the National Assembly and, if it is again passed by that body, with or without amendment, the bill is forwarded to the President for his or her assent. All other proposed legislation, bills relating to items in the second part of the Federal Legislative List or in the Concurrent Legislative List may be introduced in either house.

Bills originating from the second part of the Federal Legislative List or the Concurrent List are sent to the President for his or her signature. If within seven days, he or she fails to do so, the bill automatically becomes an act of Parliament. All residual powers fall to the Provincial Governments, although the Majlis-e-Shoora retains exclusive power to legislate for those areas in the Islamic Republic of Pakistan, which are not delegated to any Province.

In particular, responsibility for education, labour, health, industry, social welfare, agriculture, and roads is largely entrusted to the Provinces, even though the formulation of general principles in some of these matters is expressed in the Concurrent Legislative List. Pursuant to Article of the Constitution, there is a Supreme Court of Pakistan, a High Court for each Province, and other courts established by law.

The Judiciary shall be separated progressively from the Executive within 14 years running from December The Supreme Court is the highest court of justice in the country and maintains a permanent seat in Islamabad. It consists of a Chief Justice known as Chief Justice of Pakistan and such number of other judges as may be determined by Parliament.

The Chief Justice of Pakistan has recommended the names of justices from Provincial Courts to fill the four seats that have been vacant since January The Law Ministry is yet to draft a summary based on these recommendations. Two other Judges are to retire this year and questions are raised as to their replacement. The provincial High Courts are also facing a shortage of judges. Any decision of the Supreme Court, to the extent that it decides a question of law or is based upon or enunciates a principle of law, is binding on all other courts in Pakistan.

There is a Federal Shariat Court composed of eight Muslim Judges, which may, pursuant to Article D of the Constitution, either of its own motion or on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the injunctions of Islam, as laid down in the Holy Quran and Sunnah of the Holy Prophet the Injunctions of Islam.

If the Court decides that a law or provision of law is repugnant to the Injunctions of Islam, the law ceases to have effect, and must be amended. Furthermore, this Court also has appellate jurisdiction over all cases which can be tried under Huddood Law. With reference to specific types of cases, in particular labour disputes, Special Courts for Trial of Offenses and Tribunals have been created. Appeals from the Special Courts are generally submitted to the High Courts, with the exception of Labour Courts, which retain separate forums of appeal.

To meet the above named objectives, the government of the Islamic Republic of Pakistan has introduced a number of labour policies, since its independence to mirror the shifts in governance from martial law to democratic governance. Any agreement exempting the employer, contrary to the provisions of this Law, from the notice condition or reducing the period of said notice shall be deemed null and void. If the worker terminates the contract the employer may exempt him from all or part of the notice period obligation.

The worker may terminate the labour contract without any notification in any of the two following events:. The termination of the labour contract in these two cases shall be deemed an arbitrary dismissal by the employer. The worker, before sending the notice of termination of the labour contract, must request the employer in writing to remedy the violation or deception within a time-limit not exceeding thirty days as of the date of submittal of the request.

If said time-limit elapses without any response by the employer to said request, the worker shall have after sending the abovementioned notice, the right to terminate the labour contract. The employer may terminate the labour contract without notice or compensation in any of the following events:. A workwoman shall not be paid any wages during her regular annual vacation to which she is entitled under the provision of these Regulations, if she had availed herself in the same year of a maternity leave with full pay, and she shall be paid half-wages during the annual leave, if she had availed herself in the same year of a maternity leave with half-pay.

When the workwoman returns to work following her maternity leave, she shall be entitled to a period or periods of rest totaling not more than one hour daily for the purpose of feeding her newborn child, in addition to the rest periods granted to all workers.

The expenses of medical examination and the costs of treatment and delivery shall be borne by the employer. The employer shall not terminate the workwoman during her illness resulting from work or delivery, provided that such Illness shall be confirmed by an approved medical certificate, and that the period of her absence shall not exceed six months. Nor shall she be terminated, without any of the legitimate causes provided for in this Law, during the six months preceding the expected date of delivery.

Where a workwoman is terminated in breach of the provisions of this article, the appropriate Commission shall order her reinstatement. The workwoman shall forfeit her entitlements under the provisions of this Chapter if it is established that she has worked for another employing her authorized leave.

In such event, the original employer may deprive her of pay for such leave or recover any wages he had paid to her. By way of exception, the provisions prohibiting or restricting the employment of adolescents, juveniles and women shall not apply to charitable or official institutions of vocational or professional training character, provided that the bylaws of such institutions shall specify the nature of the trades and crafts involved, the working hours and terms of employment, and the suitability of the work to the workwomen's physical capabilities, and that the Ministry approves the bylaws in question after consulting the Ministry of Health.

In all places and in all occupations where women are employed, they shall be provided with seats to assure their comfort. There shall be constituted by decision of the Council of Ministers, based on the recommendation of the Minister of Labor, at every main and branch Labor Office in the Kingdom a Primary Commission for Settlement of Disputes composed of three members experienced legal matters. The chairman shall be a holder of a degree in Shari'ah, and at least one of the other two members shall be a holder of a degree in Shari'ah or in Law.

The said decision shall name the chairman from among these members. There shall be constituted by decision of the Council of Ministers a commission to be called " The Supreme Commission for Settlement of Disputes ", which shall consist of five members, three representing the Ministry of Labor and Social Affairs, one representing the Ministry of Commerce and Industry, and one representing the Ministry of Petroleum and Mineral Resources.

One of the members, whose grade shall not be below Grade II, shall be designated as Chairman in the same decision of the Council of Ministers. The chairman and members of the Supreme Commission shall be impartial and experienced in legal matters.

The Supreme Commission shall have exclusive jurisdiction to render final and definitive decisions in all disputes referred to it on appeal and shall likewise be competent to impose upon the violators of the provisions of this Law the penalties prescribed herein.

The Council of Ministers shall issue the rules of procedure and of conciliation and amicable settlement proceedings before the Primary Commissions and the Supreme Commission. The Minister of Labor shall issue a decision setting up an Office for each of these Commissions and indicating the number of clerks, attendants, employees and administrative personnel assigned for such functions. The Supreme Commission and the Primary Commissions shall render their decisions by a majority vote of their members.

These decisions shall be grounded and signed by all members, and the dissenting member may record therein the reason for his dissent. Each of these Commissions shall save exclusive right to examine all disputes relating to labor contracts, and may summon any person for interrogation or assign one of its members to conduct such interrogation. It may also require the presentation of documents or evidence and adopt any other measure it may deem fit.

The Commission shall also have the right of access to any premises occupied by the establishment, for the purpose of conducting the required investigation in accordance with the provisions of this Law. Suits shall be filed with the Primary Commission in whose locality or within whose circumscription the place of work lies, and the Commission shall render its ruling within the period and in accordance with the procedures referred to in Article If either party to the dispute wishes to appeal the decision rendered by the Primary Commission, that party shall submit the application of appeal to the Supreme Commission within thirty days of its being served with a copy of the decision to be appealed.

The Chairman of the Supreme Commission shall set a date for hearing the case appealed before him within fifteen days of the registration of the appeal petition with the Commission's Office The Commission shall render its decision on the dispute appealed before it promptly and within thirty days from the date of the first hearing.

If the decision of the Primary Commission is not appealed within the period specified in Article , the decision shall become final and enforceable. All decisions of the Supreme Commission shall be deemed enforceable immediately upon the parties concerned being notified thereof, and an amicable settlement shall be binding upon both parties once it is registered with one of the appropriate Commissions.

In all cases, the parties to a dispute may by mutual agreement appoint one arbitrator for both of them, or one or more arbitrators for each party so that the arbitrator or arbitrators may settle the dispute in lieu of the Commissions provided for in this chapter.

Where the arbitrators fail to select an umpire, the chairman of the Primary Commission in whose circumscription the place of work is located shall appoint the said umpire, if such an umpire has not already been appointed in the arbitration agreement.

The arbitration agreement shall indicate the time-limits and the rules of procedure to be followed in order to settle the dispute. The arbitrators', award shall be of first instance and appeal able before the Supreme Commission within the time-limits, time-extensions and the rules of procedure prescribed for the appeal of decisions before the said Commission, unless the arbitration agreement expressly provides that the arbitrators' award shall be definitive in which case such award shall be irrevocable.

A copy of the arbitration agreement shall be deposited with the Office of the appropriate Primary commission in the area, and the arbitrators, award shall be registered with the Office of the said Commission within one week of its rendering.

The arbitrators' awards shall be executed after registration with the Office of the appropriate Primary Commission, and after due endorsement for execution by the chairman of the Commission. None of the commissions provided for in this chapter may abstain from rendering a decision on the pretext that there are no applicable provisions in this Law. In such a case, the commissions shall be guided by the principles of Islamic Shari'ah, local rules, established judicial precedents, principles of justice, usage and the rules of equity.

Neither party to a dispute may raise again the issue in respect of which a definitive decision has been rendered by one of the commissions provided for in this Chapter. In the course of conciliation and arbitration proceedings before any of the commissions provided for in this Chapter, the employer may not so change the terms of employment which were in force before the commencement of such proceedings as to cause prejudice to the workman, nor may the employer dismiss or penalize any workman without written permission to do so from the appropriate Commission.

If a Primary Commission has not been constituted in a given area, the Minister may, when necessary, assign to another Commission constituted in the nearest area the duties and exclusive functions of the unconstituted commission.

Where a branch labor office and a main labor office are in the same area, a single Primary Commission shall be constituted for that area. Any person who, using any of the means mentioned in the last paragraph of the previous article, causes or attempts to cause others to stop their work by agreement among themselves, or encourages or attempts to encourage them to stop such work, shall be punished with imprisonment for a term of one year to three years or a fine of SR 5, to SR 10,, or both.

Where an employer, head of an enterprise, employee or workman stops work with the object of exerting pressure on public authorities or of protesting against a decision or measure adopted by such authorities instead of having recourse to legitimate means, each such offender shall be punished with imprisonment for a term of two to six years or a fine of SR 4, to SR 10,, or both.

Without prejudice to any penalties prescribed under other regulations against anyone who prevents a public official from discharging the duties of his office, whoever violates the provisions of Article 26 of this Law shall be punished with a fine of SR to SR 1,, which shall be doubled in case the offense is repeated. Whoever violates the provisions of Article 41 of this Law shall be punished with a fine of not less than SR and not more than SR 1, Whoever violates the provisions of Article 44 of this Law shall be punished with a fine of not less than SR and not more than SR 1, Whoever violates the provisions of Article 45 of this Law shall be punished with a fine of not less than SR and not more than SR 1, Whoever violates the rules prescribed for bringing foreigners into the country for the purpose of work, as set out in Article 49 of this Law, shall be punished with a fine of not less than SR and not more than SR 1, for each workman.

Whoever violates the provisions governing the vocational training of Saudis for the purpose of replacing foreign workmen, as set out in Article 50 of this Law, shall be punished with a fine of not less than SR and not more than SR for each workman.

Whoever violates the provisions of Chapter V of this Law or of the decisions issued in accordance therewith, shall be punished with a fine of not less than SR and not more than SR 1, Whoever violates the provisions governing wages, as set out in Article of this Law, shall be punished with a fine of SR The offender shall be required to pay the difference in wages, and the fine shall be multiplied by the number of individuals involved.

The employer and every person responsible for the payment of the workmen's wages shall, if he violates any of the provisions of Chapter VI, be punished with a fine of SR for each workman. The employer or the responsible manger of the establishment shall be punished for any violation of the provisions of chapter VIII or any rules, decisions or orders issued in accordance therewith, with a fine of not less than SR and not more than SR 1, for each violation.

Whoever violates the provisions of Chapter VIII shall be punished with a fine of SR 1,, in addition to the total or partial closure of the establishment, or the suspension of new constructions. The appropriate Labor Office may seek the assistance of the competent administrative authorities to enforce the closure or suspension.

The employer or the responsible manager of the establishment shall be punished for any violation of Chapter IX or any rules,, decision or orders issued in accordance therewith, with a fine of not less than SR and not more than SR 1, for each violation. If the employer violates any of the provisions of Chapter X, he shall be punished with a fine of not less than SR and not more than SR 1,, and shall be ordered to pay compensation for the damage resulting from his violation of the provisions of that Chapter.

Any employer or head of an enterprise and any workman or employee who refuses or delays the implementation of the arbitration award or any other definitive decision rendered by any of the commissions provided for in Chapter XI of this law, shall be liable to double the penalties imposed upon him, if any, or shall be punished with a fine of not less than SR and not more than SR1,, or with imprisonment for a term not exceeding three months, or with either of these two penalties.

With due regard to the provisions of Article 78 of this Law, the workman who refuses, in cases of necessity, to work elsewhere than in his original place of residence, or to perform work other than that for which he was contracted, shall be punished with a fine not exceeding SR For whatever violation of any of the provisions of this Law, or of the rules, decisions and orders issued in accordance therewith, where no specific penalty has been prescribed, the employer or the responsible manager of the establishment shall be punished with a fine of not less than SR and not more than SR The penalties provided for in this Law shall be applied unless penalties more severe are prescribed in other laws and regulations.

All fines imposed for violation of the provisions of this law shall revert to the Workmen's Social Insurance Fund in a special account to be spent on projects designed to raise the standard of work and workmen in the Kingdom, as shall be determined by the Minister of Labor. The grade or the salary of a workman shall not be lowered except in such cases as are provided for in this Law or in the decisions issued in accordance therewith.

The Minister of Labor shall issue the decisions and rules necessary for the implementation of the provisions of this Law, except where another authority has been designated for this purpose. The Labor and Workman Regulations issued on 25 Dhu al-Qa'dah 10 October , as well as regulations, orders, and decisions in effect prior to the coming into force of this Law, are hereby repealed in so far as they are inconsistent with the provisions hereof.

Approved by Council of Ministers' Deeision No. Labor inspection is the inspection carded out by labor inspectors who are designated by a decision of the Minister of Labor for the purpose of ensuring the application of the provisions of the Labor and Workmen Law and the rules and decisions issued for the execution thereof, and of guiding both parties of production, i.

The labor inspection apparatus shall consist of a central section at the Labor Affairs Agency and sub-sections at the Labor Offices existing in the areas. The terms of appointment, number, and grades of the labor inspection personnel shall be defined in the regulations related to State employees.

They shall, however, be qualified, unbiased, and completely impartial, shall have no direct interest in the establishments which they inspect, and shall pass a special professional examination following a training period of not less than three months.

In all cases, these inspectors, once appointed may not be replaced or required to perform additional duties save within the following conditions:. The labor inspectors and their supervisors shall, on their appointment and before proceeding to carry out the duties of labor inspection, take the following oath before the Minister of Labor and Social Affairs.

After taking the said oath a report shall be prepared of which a copy shall be referred to the Chief of Labor Inspection in the Ministry for keeping in the Inspector's file.

A second copy shall be referred to the Labor Office to which the inspector belongs. The labor inspectors shall carry identification cards when performing labor inspection duties.

These shall bear their photographs and be signed by the Minister of Labor and stamped with the official seal. The inspector shall return the card on quitting his inspection work, or when he ceases to have this capacity for any reason. The labor inspectors shall supervise the application of the statutory provisions, particularly those of them which relate it to the terms of work, in order to be sure that they are complied with.

They shall visit the places of work which are subject to their supervision, in accordance with the instructions of their supervisors, in order to carry out labor inspection there and submit comprehensive reports about all their observations and findings concerning the application of the statutory provisions.

The labor inspector shall notify the employer or his representative upon his entry into his establishment to perform labor, inspection there, unless he feels that such notification may prejudice his duties. Under no circumstances, however, may prior notification of the inspection visit be made for any reason whatsoever In ordinary cases, the inspector shall introduce himself to the employer, produce his identification card on request, and proceed to explain to him his assignment and the purpose of his visit with enough courtesy and tact to win his appreciation and confidence in respect of the inspection assignment for which he has been commissioned.

The labor inspectors and their supervisors shall supply the employers and workmen with technical information and practical directions for the proper implementation of the statutory provisions. They shall also advise and direct them in the application of the best standards of hygiene and safety, in addition to encouraging cooperation between them for intensifying the technical and hygienic precautions and upholding the methods of safety in the places of work.

The labor inspectors and their supervisors shall cooperate to the utmost extent possible with both parties of production, i. The labor inspectors shall devote all their time and attention to the inspection duties assigned to them. They shall deal with the problems submitted to them from their various aspects, and shall endeavor to solve them with the parties concerned with efficiency and tact and in a spirit of fairness and equity.

They shall have no direct or indirect interest in the establishments and factories which are under their supervision. They shall avoid accepting gifts, and shall refuse any offer of any private nature, even if it be of low cost, and whether it be from the employers or the workmen, under penalty of applying the punishments provided for in the regulations in force.

The labor inspectors shall, in the course of performing the labor inspection duties assigned to them, exercise the following:. In the course of their labor inspection in any establish or industrial or commercial concern in execution of the provisions of the Labor and Workmen Law and the decisions issued for the application thereof, the labor inspectors may take the following measures, as applicable, in respect of those who violate the statutory provisions:. The Labor inspectors shall have complete freedom to address warnings or give advice to the employer in lieu of drawing a report of the violations observed, depending on the graveness of the violation committed and other circumstances to be evaluated by the inspector.

The head of labor inspection in each Labor Office shall regulate the inspection visits that take place during official work hours in accordance with weekly programs put in advance and approved by the responsible director of the office, which programs shall be prepared on the following bases:.

In making the distribution, consideration shall be given to the number, nature, and size of the establishments which are subject to inspection and which lie within the area of jurisdiction of a certain Labor Office, as well as to the number and categories of the workmen employed there, the diversity of the statutory provisions whose application is to be ensured, and the physical means of enforcement at the disposal of the inspectors.

Distribution shall be made in accordance with administrative orders to be approved by the responsible director of the Office and communicated to the inspectors. These may be superseded by other orders according to the circumstances and exigencies of the work, provided that a copy thereof shall be transmitted to the Deputy Minister's Office as soon as they are issued.

Labor inspection at night or outside the official work hours shall be carried out in accordance with the written instructions and orders of the authorities which are given to the labor inspectors by their supervisors.

Such orders shall include the names of the establishments to be inspected, the times of inspection, and the names of the inspectors assigned for it. Inspectors who have been assigned labor inspection at night or outside the official work hours shall submit their reports on the results of the inspection to their supervisors on the day following the carrying out of the inspection. Remuneration for inspection at night or outside official work hours shall be fixed by a decision of the Minister of Labor within the limits of the allocations appropriated for this purpose in the budget of the Ministry.

Places of work shall be inspected as frequently as possible with such thoroughness as may be needed for the actual enforcement of the statutory provisions. Periodical visits devoted for the purposes of general inspection shall include at least one visit a year to each establishment, with special emphasis on visiting the big establishments, or those whose management is unsatisfactory from the point of view of safety and health protection for the workmen, or in which dangerous or unhygienic operations are conducted.

In the event of discovery of a serious violation of the conditions which should be observed in the places of work, the inspector shall make an early return visit to such places to ensure that the said violation has been remedied.

In periodical visits devoted for the purposes of general inspection, the inspection should cover all the work conditions, terms and circumstances in the establishment inspected, and it may not be confined to a special aspect.

In this type of visits the inspector shall visit the whole establishment where work is performed, and shall examine the methods that are applied for the implementation of the statutory requirements for the protection of workmen.

Only one labor inspector shall carry out inspection in each establishment or occupation unless the director of the Labor Office sees fit to assign two or more inspectors to make a joint inspection in one establishment or conduct any investigation therein, subject to the following:. The labor inspector shall prepare a report on each inspection he carries out in each establishment or concern he visits, which should be submitted to his immediate supervisor for study and action.

Such report shall include the following information:. The labor inspectors shall be cautious and honest in choosing the information and statements they include in their reports concerning the establishments and occupations in which they have carried out labor inspections. In particular, they shall base their observations on what they themselves see or witness. They shall also refrain completely from making any comments on matters with which they are not adequately acquainted, in order to maintain the employers' and workmen's confidence in them.

The labor inspectors shall follow up those employers who are found to have violated the Labor and Workmen Law and the decisions issued for the application thereof by means of consecutive visits after granting them sufficient and reasonable respites to remedy the violations.

In the case of resort to drawing a report of the violations, such report should be drawn up in the place of work, unless this cannot be done for some exceptional reason. The labor inspector shall ask the employer about the reasons for committing each of the violations he has witnessed, and he shall record in the report a summary of his reply.

The report shall be signed by the inspector and the employer or his representative. In the event of refusal to sign, a reference shall be made to this effect in the report. The inspector shall bear in mind that his fundamental duty consists in offering guidance and direction and in cooperation with the employers to the utmost extent possible, with a view to putting the provisions of the Regulations into effect, which would be considered proof of the inspector's success in performing his task in the proper manner.

The reports of violations that are drawn up by the labor inspectors in respect of those who violate the statutory provisions shall be submitted to the Director of the Labor Office through proper channels.

The director concerned shall refer these to the responsible committee. The Ministry shall lay down forms for the reports on violations, inspection registers, notices and warnings, and other forms relating to the enforcement of the provisions of these Rules and the provisions of the Labor and Workmen Law which relate to labor inspection, giving the necessary instructions on how to use, keep and shall circulate them, and it circulate these instructions to the Labor Offices in the various areas, which Offices may not use any forms other than those approved by the Ministry.

Despite these limitations, joining a union as an independent contractor can yield lots of useful benefits and resources. The local can help you secure health and equipment insurance, provide you with contract advice, and help you find and secure jobs. The union can also fight for your legislative interests and provide educational programs. One thriving example of an independent contractor unit is the Guild Freelancers , an active group of independent writers and journalists who have organized as a part of the larger Pacific Media Workers Guild , a CWA local.

For more information on joining the CWA as an independent contractor, please click here to contact a union organizer. Creative works, such as songs, articles, and works of art are covered by copyright law. Under the Copyright Act of , an independent contractor who has created a work for an employer owns the rights to that work, except in limited circumstances. Rights of ownership in a commissioned work automatically belong to the independent contractor if the work does not fall into one of the nine categories listed above and the contractor has not signed an agreement stating otherwise.

However, an employer can become the owner if the independent contractor agreement specifically assigns to him or her the rights to any work made under or according to the agreement. It is extremely important to read an independent contractor agreement very carefully before you sign to ensure that you do not give away your rights to valuable intellectual property.

If you are an employee, the rights to any work you created within the scope of your employment automatically belong to your employer.