LABOUR LAW AND

EMPLOYEE RELATION
 International Labour Organisation ILO &
United Nation Instruments
 Universal Declaration of Human Rights, 1948
 Right to Organise and Collective Bargaining, C 98, 1949
 Equal Remuneration Convention 100, 1951
 Abolition of Forced Labour, C 105, 1957
 Discrimination (Employment and Occupation) C 111, 1958
 Employment Policy Convention 122, 1964
 International Covenant on Economic, Social and Cultural Right,
1966
 Declaration on Equality of Opportunity and Treatment for
Women Workers, 1979
 Discrimination (Employment and Occupation) C 111, 1958
 Employment Policy Convention 122, 1964
 International Covenant on Economic, Social and Cultural Right,
1966
 OUTLINE
Labour laws & employment relation covers
 Employment contract including
 minimum wage, layoff procedures and severance
pay, unjust dismissals, general holidays, annual
vacations, working hours, etc.
 Industrial relations – certification of unions,
 labour-management relations,
 collective bargaining and unfair labour
practices,
 Workplace health and safety,
 Propose/Function of Labour Law
• Against the background of the excessive
exploitation of workers, laws for the social
protection of employees were developed in the
second half of the 19th century. Essentially,
labour laws are meant to ensure that people
work in dignity and are not unduly exploited in
the course of work. By ensuring:
– Equal Opportunity: labour laws provide equal
opportunity to workers, regardless of their age,
colour, disability, national origin, race, religion or sex.
– Pay Equity: labour laws prohibits employers from
establishing different pay scales or using different
compensation practices based on an employee's
gender or colour, provided employees are performing
same job duties, have similar responsibility, and
require equal effort. For example, two similarly
situated account managers -- one male, one female --
must receive equal compensation
– Workplace Safety: labour laws enforces employer’s
obligation to provide a safe work environment, with
particular emphasis on workplace safety where
employees are exposed to hazardous substances,
complex machinery and dangerous conditions.
– Family-Friendly Workplace: labour laws ensure
that employers respect the time employees
need for attending to family matters.
– Concerted Activity: Labour law functions to
protect employees' rights to engage in
concerted activity. It prohibit employers from
interfering with employees' rights to seek
better working conditions as a self-directed
group of workers or workers represented by a
labour union.
 Sources of Nigerian Labour Laws
1. The constitution: The Nigerian Constitution is
supreme.
Section 1(1) provides, “this Constitution and its
provisions shall have binding force on all
authorities and persons throughout the Federal
Republic of Nigeria”.
Section 1(3) provides, “if any other law is
inconsistent with the provisions of this
Constitution, this Constitution shall prevail and
that other law shall to the extent of the
inconsistency be void”.
Chapter 4 of the Constitution set out the various
fundamental rights of the citizens. These rights
include:
– the right to life
– right to dignity of persons
– right to personal liberty
– right to fair hearing
– right to private and family life
– right to freedom of thought
– conscience and religion
– right to freedom of expression and the press
– right to peaceful assembly and association
– right to freedom of movement
– right to freedom from discrimination and the
– right to acquire and own immovable property anywhere in
Nigeria.
 Sources of Nigerian Labour Laws cont..

2. Legislation: Legislation or statute are laws made by

the national assembly (upper house) and house of
representatives (lower house) and the state house of
assembly.
The power of the national assembly covers all matters
in the exclusive legislative list in part 1 of the second
schedule to the constitution.
The state house of assembly has powers to make laws
with respect to residual matters and matters in the
concurent legislative list.
The laws validly made by the national assembly prevails
over any inconsistent laws made by the state house of
assembly.
3. English law: This consists of the common law,
doctrines of equity and statutes of general
application which were applicable in Britain and also
applicable in Nigeria.
4. Judicial proceedings: these are laws that are
developed by the courts and become binding
according to the principle of judicial precedent. The
judicial precedents of the Supreme Court is binding
on Court of Appeal, high court and all other lower
courts. The jurisdiction of customary/area courts
and the sharia courts is not applicable to labour
laws.
5. International Law: Nigeria is a member of the
United Nations, the Commonwealth of Nations,
African Union and many others. Although Nigeria is
a signatory to various international conventions and
covenants, these are not enforceable in Nigeria
unless they are enacted into law by the National
Assembly.
 Employment Contract
• An employment contract or contract of
employment is a kind of contract used in labour
law to attribute rights and responsibilities
between parties to a bargain. The contract is
between an "employee" and an "employer".

• Definition: An employment contract is “a legally

enforceable agreement, either oral or written
which defines terms and conditions of
employment,” The contract lists the rights,
expectations and obligations of both the company
and the individual
 WHO IS AN EMPLOYER
• Definition: an individual or business organization,
institution, government entity, agency, non-profit
association, who employs or puts to work , a
person or group of persons, who is called an
employee or a staff member.
• Duties of the employer:
– Duty to provide a workplace free from serious
recognized hazards and comply with standards, rules
and regulations by Observing Health & Safety
Regulations
– Duty to make sure employees have and use
safe tools and equipment and properly
maintain this equipment
– Duty to pay the employee the agreed amount
as at when due.
– Duty to give employees correct information
about rights under their contract.
– Duty to give employees reasonable opportunity
to have their complaints looked at.
– Duty not to discriminate against employees
base on tribe, colour, religion etc
• Employers reserve the right to:
– decide who possess the qualities and qualifications
needed for the effective performance of specific
employees roles
– decide on redundant labour due to technological or
economic reasons.
– decide who among the employees shall be advanced
and at what pace and rate
– hire and fire
– close down operations
– discipline those who failed to measure up to
expectation
 WHO IS AN EMPLOYEE
Definition: (1) one who works for someone else or a
company in exchange for wages or some other
agree-to compensation.
(2) anyone who performs services for an
organization in return for wages is an employee if
the organization can control what will be done and
how it will be done..
 QUESTIONS FOR CLASS DISCUSSION
• What is the difference between “an
employee” and “a worker doing work for
another”?
• What employment relation does a
professional have with a client?
 factors designating someone as an
employee
– Behavioural: Does the company control or have the
right to control what the worker does and how the
worker does his or her job?
– Financial: Are the business aspects of the worker’s
job controlled by the payer? (These include things
like how worker is paid, whether expenses are
reimbursed, who provides tools/supplies, etc).
– Type of Relationship: Are there written contracts or
employee type benefits (i.e. pension plan,
insurance, vacation pay, etc.)? Will the relationship
continue and is the work performed a key aspect of
the business?
 Duties of the employee
• Core duties
– Duty of obedience: To do what a reasonable
employee would do in any situation. Obey a lawful,
reasonable order within the terms of the contract of
employment, serve faithfully and Be punctual.
– Cooperation: cooperate with the employer; maintain a
congenial working relationship with your co-workers.
– Care: Look after the employer's property if using it,
Treat clients as though you were the owner of the
business, perform duties with proper care and
diligence.
 Duties of the employee cont..

– Fidelity: honest or lasting support, or loyalty.

– Confidentiality: Protect the safety and security
of your clients and colleagues; protect the
employer in appropriate cases, and Respect
employer and client privacy and confidentiality,
not to misuse the confidential information
acquired while in service.
– Neatness: Keep your work area safe, hygienic
and attractive, Dress appropriately and give
strict attention to personal hygiene.
 Workers’ Rights
Workers’ (or labour) rights aimed at protecting them
from extreme abuse and exploitation in the hands of
profit-conscious employers are:
1. Wages: The Labour Act of 2004 set the standard for
the minimum amount of Naira a worker in Nigeria is
supposed to make.
• In 2004 the minimum wage was set to ₦5,500.00
• the National Minimum Wage Act of 2011 set the
minimum wage to ₦18,000.00 per month
• National Assembling in 2019 legislate ₦ 30,000.00
The Labour Act of 2004 also has an exception that states that any
establishment, which employs less than 50 workers do not have to abide to the
Nigerian minimum wage.
 Workers’ Rights cont..
2. Pensions: The Pension Act of 2004 established a
contributory pension scheme for people employed
in the public and private sector of Nigeria.
• Employees are expected to contribute 7½% (2½%
for military) of their monthly (basic, housing &
transport) pay check towards the pension while
employers also contributes 7½% (12.5% for
military), making 15% into retirement savings
account
• It also states that in the event of an employee’s
death that the next-of-kin is to receive their
pension and any benefits from their life insurance
policy.
• In the act, it allows retired employees to receive
retirement benefits.
 Workers’ Rights cont..
3. Night work: No woman shall be employed on night work in
a public or private industrial undertaking or in any branch
thereof, or in any agricultural undertaking or any branch
thereof.
 This section shall not apply to:
women employed as a Nurse
Women holding responsible positions of management who are
not ordinarily engaged in manual labour
It prohibits for an employer to require or permit - pregnant
employees (including Nurses)to work at night - two months
before the expected date of confinement
It prohibits mothers to work at night for a period of 2 months
after the date of birth
children under 18 years of age
an employee who is medically certified as unfit to do night work.
 Workers’ Rights cont..

4. Prohibition of forced labour: No person shall

employ a child under the age of fourteen (14) years.
A child of fourteen years of age may only be
employed to do light work, which is not likely to be
harmful to the child's health and development; and
does not prejudice the child's attendance at school,
participation in vocational orientation or training
programmes approved by the competent authority
or the child's capacity to benefit from the
instruction received.
 Workers’ Rights cont..

5. Discrimination: in employment and strives to

eliminate discrimination in any employment policy
or practice. No employer shall discriminate, directly
or indirectly, against an employee, in any
employment policy or practice, on any of the
following grounds: colour; nationality; tribe or place
of origin; race; social origin; political opinion or
religion, sex; gender; pregnancy; marital status or
family responsibility; disability; HIV/Aids; and Age
 Workers’ Rights cont..

Leave/Maternity Protection: Employees under the

labour act is entitled to:
i. annual leave/maternity leave
ii. Sick leave
iii. rest‐interval and break in the work)
Transportation: The labour act also provides
transportation for employees in situations in which
they have to travel over 16 km (9.94 miles). In that
situation, the employer may provide free
transportation. It is also mandatory that the vehicle
is in good condition, sanitary, and not overcrowded.
 Workers’ Rights cont..

• Termination: The Labour Act of 2004 allows for a few

different ways in which employees can be terminated.
– The first method is in the event of the death of an
employee.
– The second is that either party may terminate the
employment contract as long as the other party is given
notice.
• one day’s notice for a contract that has lasted less than three
months
• one week of notice for a contract that has lasted more than three
months but less than two years
• two weeks for a contract that has lasted more than two years but
less than five years and
• one month for a contract that has lasted for more than five years.