STRUCTURAL INEQUITIES AND INSTITUTIONAL REFORM: ADVANCING ACCESS TO JUSTICE FOR WORKERS IN PAKISTAN AND MALAYSIA THROUGH LEGAL AND POLICY INTERVENTIONS

Abstract

Securing meaningful avenues for justice for workers in Pakistan and Malaysia is crucial for upholding core labour rights and fostering equitable economic advancement. Both nations share historical roots from their colonial past and have subsequently evolved legal structures that now shape how labour disputes are addressed. This paper aims to identify and compare the key systemic impediments that obstruct workers’ pursuit of justice in Pakistan and Malaysia, it also investigates the influence of constitutional mandates and court precedents on labour rights enforcement, and proposes institutional and policy measures to fortify these protections. After reviewing the qualitative content, drawing on legislative acts, constitutional clauses, recent judicial pronouncements, policy papers, and recent scholarly works and by employing a comparative legal methodology, the study uncovers how legislation, administrative practices, and social norms interplay to affect workers’ ability to seek remedies. The recurrent hurdles, identified as lack of legal awareness, significant financial outlays, threat of retaliation, cultural taboos and institutional infirmities such as agencies with scant resources, fragmented statutory regimes, and cumbersome procedures, magnify these challenges. In Pakistan, post-devolution responsibilities have led to uneven implementation among provinces, meanwhile, Malaysia’s unified framework, anchored by specialized courts, offers procedural efficiency but falls short in safeguarding migrant and informal workers. The study calls for broad-based collaborations among governmental bodies, unions, NGOs, and civil society, emphasizes policy adjustments, and highlights a need for further data-driven investigations to gauge the lasting influence of reforms.