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Companies Profits (Workers Participation) Act, 1968

Act· 1968· 10 pages
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Summary

The Companies Profits (Workers Participation) Act, 1968 requires certain companies to share a portion of their profits with their workers through a dedicated fund. Under Section 3, every company to which the scheme applies must set up a Workers Participation Fund within nine months of finalising its accounts for the relevant year, pay in five percent of that year's profits (as later amended), and submit audited accounts to the Federal Government and the Fund's Board.

Section 4 sets up a Board of Trustees to manage each company's Fund, made up of two worker-elected representatives and two management-nominated representatives (at least one from the accounts department), with the chairmanship alternating annually between the two sides. The Federal Government can remove a trustee or supersede an entire Board if it persistently fails to perform its duties or acts against the Fund's interests, after giving a chance to be heard.

Section 5 sets penalties for non-compliance: a director, manager, or other responsible officer can be ordered to pay a penalty of up to five thousand rupees, plus up to one thousand rupees per day for continued failure, recoverable as arrears of land revenue; a defaulting employer who fully complies and distributes the owed benefits before a government-fixed deadline can avoid the penalty and any interest. Sections 8 through 10 give the scheme tax advantages: a company's contribution to the Fund is deductible from taxable income, the Fund's income (including capital gains) is exempt from income tax, and payouts to workers are also exempt from income tax in the workers' hands. Section 13 clarifies that these profit-sharing benefits are in addition to, not instead of, any other benefits a worker is entitled to under other laws or their employment contract.

The Act also allows special arrangements for seasonal industries and for companies running multiple undertakings at different locations (Sections 14–15), and lets the Board of Trustees, with government approval, hand over Fund management to bodies like the Investment Corporation of Pakistan, the National Investment Trust, or the National Bank of Pakistan (Section 16). This law has been amended multiple times since 1968, including changes to the profit percentage and the definitions of "company" and "worker", so current figures should be checked against the latest official text.

Key topics

worker profit-sharingcompany welfare fundslabour lawboard of trustees governance

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