The relevance of the dignity of human labour and the need for protecting and safeguarding the interest of labour as. Lawnigeria nigerian legal resources, intelligence and. 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. The fourth ministerial conference doha, 914 november 2001 reaffirmed this commitment. The sources of the law of employment and industrial relations in nigeria can be categorized into the following. 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. Introduction to liberian labour law anthony valcke country director american bar association africa rule of law initiative. In 2006, the number of child workers was estimated at about 15 million. 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. The primary legislation that regulates the employment of persons in nigeria is the labour act. Poverty is a major factor that drives child labour in nigeria. Some of the key features of the law which nigerians need to be aware of are.
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. As such, it mediates many aspects of the relationship between trade unions, employers and employees. These standards were further upheld in the international labour organisation ilo declaration on fundamental principles and rights at work adopted by the 174 member. Which nigerian court has jurisdiction to try labour and employment disputes. Nigerian labour law looks into the rights, working conditions, minimum wage, termination clauses, and many other rules set by the government of nigeria. Labour act, 2003 international labour organization. Legal issues in university governance in nigeria by professor p. Nigerian labour law download ebook pdf, epub, tuebl, mobi. This is the most important of all the sources of law and the nigerian labour law has had its. An act to repeal and replace the labour code act and consolidate the law relating to labour. Modern nigeria has its origins as a british colony through the 19th and 20th century until it achieved independence in 1960. The required notice period for the termination of the employment contract depends on length of service. Labour law i by national open university of nigeria. Ll labour act chapterll labour act arrangement of sections.
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. It shall be unlawful for an employer to pay wages in lieu of the holiday mentioned in subsection 1 of this. Labour law states that the contract of employment must not make it a condition of employment to join or leave the trade union. 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. Labour law, the varied body of law applied to such matters as employment, remuneration, conditions of work, trade unions, and industrial relations. 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. In 2018, nigeria made a moderate advancement in efforts to eliminate the worst forms of child labor.
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. Labour act an act to repeal and replace the labour code act and consolidate the law relating to labour. Other laws that are of importance are the constitution of the federal republic of nigeria. This site is like a library, use search box in the widget to get ebook that you want. 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. The government adopted the edo state trafficking in persons prohibition law, which codified the edo state taskforce for implementation. I am not too versed on our labor laws either but implementation has always been our problem. See oyesola animashaun casualisation and casual employment in nigeria. The illegal, and sometimes criminal, activities of nigerian migrants in host communities have been a source of concern to the governments, both in the. 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. Introduction to nigerian labour law by sam ihesiene erugo. Child labour is a much narrower concept and refers to children working in contravention of ilo standards contained in conventions 8 and 182. General provisions as to protection of wages, contracts of employment and terms and conditions of employment. Emerging trends in labour law and industrial relations in nigeria.
Jun 23, 2015 nigeria is a federal constitutional republic located on the west coast of africa. Penalty for offences for which no express penalty is provided. His book is aimed at legal professionals, academics and students. An employer must not dismiss any worker due to his association with the trade union and the activities of the union. This article shall examine these laws and seek to distill the mandatory obligations of an employer under nigerian law. 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.
The casualisation of nigerian workers and the legal. 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. Labour unions and the transformation of the nigerian civil. Nigeria working conditions, information about working. Child labour is pervasive in every state of the country. Law applicable to contracts of employment and employment legal relationships. This paper presents labour law as a branch of learning and specialty of the general law of contract.
Department of state, country report on human rights practices find specific report and do ctrlf for labor u. A synthesis1 marito garcia and jean fares chapter 1 why is it important for africa to invest in its youth. Forgery of certificates, false entries and false declarations. Part i sets out general provisions relating to wages, contracts and terms of employment.
The labour law pdf 38p this note describes the following details related labour law. Received english law is binding on nigerian courts except if there is a local legislation on the same issue. No day passes in nigeria without strikes or threats of strikes in one form or another. Comprising 36 states and the capital territory of abuja and more than 500 ethic groups, nigeria is large and diverse country. Labour law is the law that stipulates how the relationship between the employer and the employee is supposed to be in a workplace. 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. Automatic termination of contracts of employment 33. 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. Child labour law and challenges it faces in nigeria. In its most comprehensive sense, the term includes social security and disability insurance as well.
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. When approached from the perspective of practice in the anglophone regions, not even cameroonian writers of french orientation have done justice to this situation. 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. Ehi oshio, barrister, solicitor and legal consultant, visiting professor of law, national universities commission universities in nigeria universities in nigeria are creatures of law. This peper makes a case for the decriminalization of nigerian labour. 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.
Adejugbe abstract over the decades in nigeria, the traditional principles and thinking in labour law has been shaped by years of dominance of the. It focuses on cases and includes extensive quotations from several judgements. Ll labour act a the wages of a worker shall in all contracts be made payable in legal tender and not otherwise. The national industrial court nic has exclusive jurisdiction in civil and criminal matters relating to or connected with labour, employment, trade unions. 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. Nevertheless, there are federal and local employment and labor laws that govern contracts, wage and hour, discrimination, terminations. The vehicle or mechanisms through which the parties seek to exert their authority or influence over the others are. Findings on the worst forms of child labor nigeria u.
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. Trade unions and workers union laws in nigeria mywage. Nigeria is a federal constitutional republic located on the west coast of africa. Sometime ago, there was a stampede in national stadia across the country which led to the death of. The principle and nature of law of contract in nigeria. 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. 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. The current version of the act was put into place in 2004, five years after their current constitution was established.
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 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. In this act, unless the context requires otherwise cap. 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.
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 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. This presentation shall explain these laws and seek the mandatory obligations of an employer under nigerian law. 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. Provides comprehensive legislation on conditions of work and employment. Legal issues in university management nigerian law guru.
Labour act laws of the federation of nigeria, international centre for nigerian law icfnl pdf of act 1990 revised edition doc. Department of labor bureau of international labor affairschild labor report. 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. On the other hand, received english law is english law that was enacted on or before jan 1st, 1900. It consists of various parties that are involved in power relations. Numerous criminal offences run like golden threats through nigerian labour law, especially in the area of industrial. An act to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations.
Our legal alerts remains a free educational subscription service by our law firm to our global community, our friends and our clients. Mar 18, 2016 this english law is not binding on nigerian courts but can be extended to apply in certain cases. The illegality may be borne out of sheer ignorance or mere mischief. 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. Jun 24, 2015 employment law in nigeria is generally employer friendly. Click download or read online button to get nigerian labour law book now. Legal alert for april 2006 employment laws in nigeria in the 21st century. 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.
1446 505 1118 1556 1335 982 319 1448 1269 1194 46 236 1309 817 230 1191 1166 1421 1328 227 799 1351 809 76 700 16 875 523 778 158 1386 409 572 815 930 1060 271 140 1181 868