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How to tackle Most Common Personal Legal Situations in a Professional Manner

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People always try to find solutions to the problems coming in their way. Most people deal with the most common legal situation on professionally, a’s a result, face several legal issues which may become critical if not addressed properly using the most practical legal way. Mostly, all personal legal matters are not be attended by any attorneys or courts. In fact, the majority of legal activities take place out of the court premises.

If you are facing a problem which might be a legal problem for you in near future, then it is always a good idea to follow some basic rules to escape trivial matters becoming bigger if not dealt properly. There are some Golden rules to deal with everything professionally to avoid any legal proceedings against you if you have failed to them in the bud. The following Golden points will enable you to avoid the most common legal situation if followed properly.

Documenting Everything and Writing Agreements:  Many people  make deals or make agreements without any documented Proof  which may lead to frustration if these trivial matters may take you to attorney or Court if the opponent is very tricky since none documented agreements or Promises are sometimes are not acceptable as Legal requirements demand that you must have evidence and witnesses in every deal be to buying or selling property, vehicles, house  or any business deal .

In each case, you must document the things or  Record a Video or Audio of any conversation or record any telephonic call so that you may have the evidence of an issue in case the person whom you made any deal or had any commitment may not change the statements what was agreed upon.  You must take snapshots of Evidence such as Papers, Agreements, witnesses and recording the conversation took place. This may protect you from any possible issues in future.

Common Situations:  For example, you had a minor accident then what is required for you to escape any legal issues such as taking pictures of your car, ID cards of Emergency personnel, Vehicle insurance documents and conditions and the reasons which caused the accidents.

This may relieve you from several code formatives if you claim from the insurance company for any life Insurance or Car Insurance. Since the activity of testifying the personally taken photographs and the replicated record might be enough to present a shred of the powerful evidence for the claim you made from the company.

Besides Accidents or the personal injury law qualifies you to claim they suffered damages caused by defective products which cause any damage to your health or property etc. The substandard products which are not properly tested that may harm your health or product or any plant may claim for the damage caused by its use.

Medical Mal Practice: There are several issues caused by intentional medical malpractice by Medical practitioners which caused any reaction during your treatment may bring under legal proceedings you may take them to court for any legal action for such negligence.

Intentional Malice or Defamation: Though the Prosecutors may term it as less Evidence, yet you may file criminal charges against any person practising malice intentionally or defaming you publically. Since in civil system, the Personal injury law requires less evidence as compared to criminal law. Other issues may include Slipping from ladder, Assault or dog bite cases.

Well, these are common cases you may encounter for personal injury law or most common legal situation which may be dealt with professionally if you follow the above-discussed points practically to avoid any confusion.

Legal

INTERNATIONAL WOMEN’S DAY 2022 PAKISTAN

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On the auspicious occasion of International Women’s Day2022, Pakistan pays tribute to the women around the world whose resilience, sacrifices and efforts have made it possible for humankind to progress and build a better future for all. No society or nation can succeed and achieve sustainable development without realization of gender equality and women empowerment. Recovery from COVID-19 pandemic is only possible by creating inclusive political systems, workforce, economies and societies.

Pakistan is fully committed to the promotion and protection of women rights, both nationally and internationally. Foundations of Pakistan are laid on the contributions of men and women alike. Our Constitution and legal framework provide guarantees for equal participation by women in all spheres of life including, social, economic, and political. The Government will continue to fulfill its obligations under Convention on the Elimination of All Forms of Discrimination against Women, Beijing Declaration and Platform of Action as well as United Nations Sustainable Development Goals(SDGs), particularly Goal 5 and its related targets.

Through various policy measures and legislation, we continue to make utmost efforts for women empowerment and their equal participation for building an inclusive society. Pakistani women have contributed immensely to national development and progress. We are proud that todayPakistani women participate in every facet of public life. They have held prominent positions, including as Prime Minister, Governor of State Bank of Pakistan, Speaker of National Assembly, Judge of the Supreme Court, Chief Justice of High Court, and important portfolios in the Cabinet as well as Federal and Provincial Secretaries, Generals, fighter pilots and UN peacekeepers.

We would like to pay special tribute to the remarkable Pakistani women in our diplomacy for their exemplary service, hard work and dedication in contributing to our foreign policy objectives and ably representing Pakistan across the world. As we commemorate this day, we also express our solidarity with the oppressed women in Indian Illegally Occupied Jammu and Kashmir (IIOJK).

For over seven decades, they are enduring egregious human rights abuse by Indian occupation forces including sexual violence, rape and molestation – that have been extensively documented by the Office of the UN High Commissioner for Human Rights as well as by various UN Special Procedures Mandate Holders. The international community must hold India accountable for these serious crimes. On this day, we reaffirm our solemn commitment to continue promoting women empowerment and gender equality across the board.

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Law and Justice

Employee Rights and Labor Laws Every Employer Needs to Know

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There will always be horrible bosses. A lot of employees struggle with difficult and sometimes unreasonable employers. Fortunately, there are labor laws and guidelines that protect the rights of employees.

On the other hand, many newbie employers are so focused on getting their businesses off the ground they forget to handle the legal side of things. So, despite being well intentioned, decent employers can still violate labor laws due to ignorance.

That said, here’s a list of the most common labor law claims filed against terrible and ignorant employers alike.

5 labor laws that protect employees

1. Employers cannot discriminate against protected attributes

According to Title VII of the Civil Rights Act of 1964, employers cannot make any employment decision (such as hiring, rejection, firing, and demotion) based on an employee’s protected attributes. These include race, color, religion, national origin, and sex.

For example, an employer cannot fire an otherwise competent employee solely on the basis of being a woman. Of course, not every instance of firing a female employee can be considered sex discrimination. However, if proven that an employer fired a female employee after hearing she was pregnant, it will be a clear act of discrimination.

Additionally, firing an employee for discriminatory reasons counts as wrongful termination. If successful, former employees might be entitled to economic and non-economic damages.

More importantly, discrimination laws don’t just cover wrongful termination. They encompass all employment decisions, including tolerance or encouragement of harassment, handing out unfair demotions, and unjustified pay cuts. So, for example, if an employer encourages or tolerates harassment, that might also count as discrimination.

Note that discrimination laws and exceptions can vary depending on the state or the size of your business. Make sure to consult with your lawyer to ensure you’re not violating any laws and employee rights.

2. Disabled employees can request reasonable accommodations

Disabled employees are protected under the Americans with Disabilities Act (ADA). Other than it’s illegal to make employment decisions based on an employee’s disabled status, it is also an employer’s responsibility to provide reasonable accommodations when the employee needs them.

“Reasonable accommodations” are changes and modifications to a business’s employment system that would help an otherwise competent employee to do their job. These accommodations are dependent on what an employee needs and what an employer can afford.

For example, some employees just need to be given flexible hours, be allowed to take their work home, or be reassigned to a different department. However, some employees might require ergonomic chairs, special equipment, and wheelchair ramps. These are typically decided through discussions and negotiations between the employer and the disabled employee.

The keyword here is “reasonable,” which means that the accommodations shouldn’t be causing the employer undue burden. For example, if the requested accommodation causes significant financial and structural challenges, both parties will need to negotiate something else.

3. Pregnancy is considered a temporary disability

Pregnant employees can suffer from many physical problems, even before they reach the last trimester. Hence, the difficulties associated with pregnancy can be enough cause to request accommodations.

This means pregnant employees can request alternative work hours, reassignments, flexible work responsibilities, and other reasonable accommodations. Employers can provide these accommodations on top of the maternity leave employees will file towards the end of their term.

Again, employees should discuss these accommodations with their employers. These discussions ensure that the employee gets the assistance they need while not causing undue problems to their employers.

4. Whistleblowers are protected

Whistleblower protections are there to protect employees and consumers. To encourage people to report illegal activities, employers are prohibited from taking any adverse action against whistleblowers.

For example, if an employee reports product health hazards to OSHA, it is illegal for their employer to get back at them by termination, pay cuts, suspensions, or demotions. Likewise, if an employee “blows the whistle” on company fraud and security breaches, they cannot be fired or retaliated against.

More importantly, employers cannot take action against employees even if the employee makes a mistake. The Whistleblower Protection Act was established so employees won’t hesitate to report possible illegal activities, and before they cause any real consequences. Additionally, employees who help the government catch illegal activity are heavily compensated for “blowing the whistle.”

Similarly, employees who participate in investigations (i.e., doing an interview or becoming a witness) cannot be retaliated against. It is within their right, and firing them is an act of wrongful termination.

5. Employment retaliation is illegal

As briefly explained in the last section, employers cannot get back at employees maliciously. Essentially, employers cannot make adverse employment actions in response to an employee exercising their rights.

For example, if an employee reports their boss for gender discrimination, the employer cannot fire them, demote them, or cut their salaries. Doing so is an act of retaliation.

Here are other things that employees can do without getting punished or retaliated against:

  • Taking or requesting a sick leave, family leave, or a maternal leave
  • Taking time off work to serve as jury or to vote
  • Reporting an employer for OSHA violations, discrimination, harassment, or retaliation
  • Becoming a whistleblower
  • Giving witness testimonies against their employer
  • Refusing to break the law for the employer or company (i.e., refusing to make false statements to the IRS to save the company)

Some employment actions that might count as retaliation include:

  • Demoting an employee
  • Unjustified pay cuts
  • Refusing to promote an otherwise qualified and deserving employee
  • Deliberately assigning an employee to a site location that’s causing them undue hardship (i.e., assigning them to an area that’s unreasonably far from where they live)
  • Giving the target employee more work as underhanded punishment
  • Encouraging harassment and alienation of the employee at work

Are you a good boss?

You might not be a terrible boss, but there’s a lot of them out there. However, the law knows that some employers hand down “punishments” to employees who are otherwise in the right.

This doesn’t mean that employers can’t penalize employees for bad behavior. Employers are free to demote, cut pay, or suspend, as long as it doesn’t infringe on an employee’s rights or violate one of the labor laws we’ve covered here.

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Digital

WHATSAPP Privacy Concerns Affecting Public Data -MOIT&T Pakistan

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Reference to on-going news threads by National Media and social media platforms regarding change in privacy terms & conditions of WhatsApp, Ministry of IT & Telecom is monitoring the current developments and clarifications provided by Facebook Inc. in this regard.

It is brought to notice that subject changes in privacy are applicable on WhatsApp business account only, while regular non-business/ individual profiles/ accounts are not affected.   

MOIT&T would like to emphasize here to all such digital social media platforms including WhatsApp administration to adhere by privacy rights of citizens of Pakistan. In this regard, all such digital platforms need to strengthen their engagements with the Government of Pakistan so that concerns of General Public and businesses can be well addressed by all means.

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