Dismissal arising from collective termination or redundancy 35. The illegality may be borne out of sheer ignorance or mere mischief. The nigerian labour law includes within it the relationship between the government and its workers, between publiclyowned corporations and their workers and even between private employers and their workers. Numerous criminal offences run like golden threats through nigerian labour law, especially in the area of industrial. Some of the key features of the law which nigerians need to be aware of are. General definitions and principles, employment agreement, working conditions, holidays and vacations, safety and labour hygiene, labour inspection, apprenticeship and employment, workers and employers organizations, welfare services to workers, dispute settlement forums, high labour council and. In 2018, nigeria made a moderate advancement in efforts to eliminate the worst forms of child labor. Unlike the laws of contract, tort, or property, the. General provisions as to protection of wages, contracts of employment and terms and conditions of employment.
The vehicle or mechanisms through which the parties seek to exert their authority or influence over the others are. Nevertheless, there are federal and local employment and labor laws that govern contracts, wage and hour, discrimination, terminations. Introduction casualisation of employment is a significant part of that group of employment arrangements that are collectively known as nonstandard, contingent, at ypical, precarious and alternative work arrangements in international labour law kalleberg 2000. Legal alert for april 2006 employment laws in nigeria in the 21st century. Legal issues in university management nigerian law guru. This presentation shall explain these laws and seek the mandatory obligations of an employer under nigerian law. Legal issues in university governance in nigeria by professor p. Provides comprehensive legislation on conditions of work and employment. Findings on the worst forms of child labor nigeria u. This is the most important of all the sources of law and the nigerian labour law has had its.
It focuses on cases and includes extensive quotations from several judgements. Sometime ago, there was a stampede in national stadia across the country which led to the death of. Leave encashment for terminated staff is supported by the nigerian labour act, but section 18, subsection 3, made it illegal and contravention of the law to pay those still in employment money in lieu of their annual vacation or leave. Labour law system and basic principles thereof section 1. Ll labour act chapterll labour act arrangement of sections. In this act, unless the context requires otherwise cap. The nigerian labour market is awash with numerous troubles and because work is instrumental to mans livelihood, people go out to work under the worst of conditions. The principle and nature of law of contract in nigeria. Under the relevant labour law statutes there is no express provision for the employer to provide a reasonably competent workforce, however, at common law the employer is under a duty to provide a reasonably competent and responsible workforce, especially where the duties of one staff are closely linked with those of another. Introduction to liberian labour law anthony valcke country director american bar association africa rule of law initiative. The illegal, and sometimes criminal, activities of nigerian migrants in host communities have been a source of concern to the governments, both in the. Labour law, the varied body of law applied to such matters as employment, remuneration, conditions of work, trade unions, and industrial relations.
Law applicable to contracts of employment and employment legal relationships. Child labour in nigeria is the employment of children under the age of 18 in a manner that restrict or prevent them from basic education and development. The employee compensation act was an important piece of legislation passed in order to provide for employees who were injured, disabled, or died during the course of their employment. The required notice period for the termination of the employment contract depends on length of service. An act to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations. Legal framework for employment legal relationships employment legal relationships are regulated by the constitution of the republic of latvia, the norms of international law which are binding on the republic of latvia. Nigerian labour law looks into the rights, working conditions, minimum wage, termination clauses, and many other rules set by the government of nigeria. The law on labour foresees special protection for employees in the private and public sectors, as well as employees whose employment is regulated through a special law, if the special law does not provide for a solution for certain issues deriving from the employment relationship. Labour act, 2003 international labour organization. The relevance of the dignity of human labour and the need for protecting and safeguarding the interest of labour as. Jun 23, 2015 nigeria is a federal constitutional republic located on the west coast of africa. The sources of the law of employment and industrial relations in nigeria can be categorized into the following. This peper makes a case for the decriminalization of nigerian labour. An employer must not dismiss any worker due to his association with the trade union and the activities of the union.
Labour act laws of the federation of nigeria, international centre for nigerian law icfnl pdf of act 1990 revised edition doc. Atilade, president national industrial court, a case between the national union of banks, insurance and financial institution versus the management of national insurance corporation of nigeria, he posited thus it is within the. This labour law for adults was preceded in 1841 by one for children, which prevented their employment in factories before 8 years of age and prohibited night labour for any child under. Industrial, labour and general laws the labour laws derive their origin, authority and strength from the provisions of the constitution of india. Mar 18, 2016 this english law is not binding on nigerian courts but can be extended to apply in certain cases. International agreements if an international agreement, which has been ratified by the saeima, sets out provisions that differ from those contained in this law, the provisions of the international agreement shall be applied. Lawnigeria nigerian legal resources, intelligence and. Department of labor bureau of international labor affairschild labor report. Poverty is a major factor that drives child labour in nigeria. They also prohibit the employment of children under 15 years of age in commerce and industry and restrict other child labor to domestic or agricultural work. The national industrial court nic has exclusive jurisdiction in civil and criminal matters relating to or connected with labour, employment, trade unions. No day passes in nigeria without strikes or threats of strikes in one form or another.
The government adopted the edo state trafficking in persons prohibition law, which codified the edo state taskforce for implementation. Automatic termination of contracts of employment 33. Our legal alerts remains a free educational subscription service by our law firm to our global community, our friends and our clients. Click download or read online button to get nigerian labour law book now. Emerging trends in labour law and industrial relations in nigeria. Trade unions and workers union laws in nigeria mywage. Labour unions and the transformation of the nigerian civil service. Using this medium, i would love to inform all students of the national open university of nigeria noun who are planning to study law, that they can now enhance their knowledge and study the noun law materials using the courseware which is freely uploaded by the management like i previously stated, the noun school of law study materials and courseware is free for all students studying law. According to the numbers, brought us by the international labor organization ilo, about 250 million children aged 5 to 14 are forced to work in developing countries. Part i sets out general provisions relating to wages, contracts and terms of employment. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. Forgery of certificates, false entries and false declarations.
This paper presents labour law as a branch of learning and specialty of the general law of contract. Received english law is binding on nigerian courts except if there is a local legislation on the same issue. Unit 4 employer and employee duties and obligations unit 1 history and sources of n i g e r i an labour l a w contents 1. Incidentally nigerian law did not develop early in this area leaving the course apparently unexplored to a great extent. Jun 24, 2015 employment law in nigeria is generally employer friendly. Labour law i by national open university of nigeria. However, work, the workplace and employment relationship is constantly evolving and the resultant changes have significant impact on the employment ecosystem, thereby creating a necessity for the labour and employment laws themselves to evolve in order to capture and appropriately address issues in the current modern workplace.
Modern nigeria has its origins as a british colony through the 19th and 20th century until it achieved independence in 1960. The paper concludes that there have been efforts in nigeria to conform to international labour standards through some of the legislations passed recently, particularly the national industrial court act, 2006 and the constitution. Labour law is the law that stipulates how the relationship between the employer and the employee is supposed to be in a workplace. It pertains to contract of employment but possessing some peculiar features that make it an interesting area of study. It consists of various parties that are involved in power relations. Ll labour act a the wages of a worker shall in all contracts be made payable in legal tender and not otherwise. Adejugbe abstract over the decades in nigeria, the traditional principles and thinking in labour law has been shaped by years of dominance of the. Introduction to nigerian labour law by sam ihesiene erugo. In its most comprehensive sense, the term includes social security and disability insurance as well. This site is like a library, use search box in the widget to get ebook that you want. The primary aim of this note is to familiarise you with labour law which is dealt with herein and which you are expected to know much about at the end of your reading through.
This article shall examine these laws and seek to distill the mandatory obligations of an employer under nigerian law. Apr 26, 2018 the current version of the nigeria labour law was put into place in 2004, five years after their current constitution was established. A synthesis1 marito garcia and jean fares chapter 1 why is it important for africa to invest in its youth. Part i general provisions as to protection of wages, contracts of employment and terms and conditions of employment protection of wages 1. When approached from the perspective of practice in the anglophone regions, not even cameroonian writers of french orientation have done justice to this situation. Penalty for offences for which no express penalty is provided. An act to repeal and replace the labour code act and consolidate the law relating to labour. Child labour is pervasive in every state of the country. The current version of the act was put into place in 2004, five years after their current constitution was established. Labour law also known as employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. The casualisation of nigerian workers and the legal. Nature and sources of nigerian legal system nigeria became a federation in 1954 with the introduction of a federal constitution by the nigerian constitution order in council 1954.
This means all children below 12 years of age working in any economic activities, those aged between 12 and 14 engaged in more than light work, and all children engaged in the. I am not too versed on our labor laws either but implementation has always been our problem. The fourth ministerial conference doha, 914 november 2001 reaffirmed this commitment. Nigerian labor laws prohibit forced or compulsory labor. The primary legislation that regulates the employment of persons in nigeria is the labour act. I once used a part of the law to enforce a leave some years ago and my italian boss had to comply when he confirmed it. In 2006, the number of child workers was estimated at about 15 million. On the other hand, received english law is english law that was enacted on or before jan 1st, 1900.
His book is aimed at legal professionals, academics and students. Department of state, country report on human rights practices find specific report and do ctrlf for labor u. Liberia has made history by adopting a new labour law, as it is the only one in the world that directly refers to the ilos decent work agenda in its title. Federal ministry of labour and employment ensuring. Apr 19, 2017 labor law is well developed in nigeria.
A contract of employment is terminated by the expiry of the period for which it was concluded, death of the worker before expiry of contract and by giving a notice for a period specified under the law. Nigeria is a federal constitutional republic located on the west coast of africa. Aug 02, 2011 it is important to note that this is the second edition of this book and like i rightly pointed out in the first edition, the choice of this title and the subject matter was not a thing of accident. Which nigerian court has jurisdiction to try labour and employment disputes. As such, it mediates many aspects of the relationship between trade unions, employers and employees.
Labour unions and the transformation of the nigerian civil. The labour law pdf 38p this note describes the following details related labour law. These standards were further upheld in the international labour organisation ilo declaration on fundamental principles and rights at work adopted by the 174 member. Nigeria working conditions, information about working. It shall be unlawful for an employer to pay wages in lieu of the holiday mentioned in subsection 1 of this. It is multisegment free access center for intelligence and instruments relating to nigerias legal and policy circuit. Child labour law and challenges it faces in nigeria. Nigerian labour law download ebook pdf, epub, tuebl, mobi.
Labour law as a branch of learning is a specialty of the general law of contract pertaining to contract of employment but possessing some rugged peculiar features that make it an interesting course to study. Comprising 36 states and the capital territory of abuja and more than 500 ethic groups, nigeria is large and diverse country. Labour law states that the contract of employment must not make it a condition of employment to join or leave the trade union. Ehi oshio, barrister, solicitor and legal consultant, visiting professor of law, national universities commission universities in nigeria universities in nigeria are creatures of law. Child labour is a much narrower concept and refers to children working in contravention of ilo standards contained in conventions 8 and 182. Redundancy pay, notice of resignation, notice period in. The law here guides against the misuse or misapplication of the formation of the various steps or stages obviously involved in the formation of a truly binding contract which the law can enforce giving the peculiarity of the nigerian terrain. See oyesola animashaun casualisation and casual employment in nigeria. Labour act an act to repeal and replace the labour code act and consolidate the law relating to labour. Introduction nigeria has recently witnessed a huge increase in the number of industrial actions.