Significance of labour law in nigeria pdf

It is a country with a current population of about 180 million people, and with different laws policies and constitutions to ensure that order is maintained. Meaning of whether synonymous with the term employee person employed by another to do work under the control and direction of the employer whether term has a broad significance, and embraces all persons of rank or position who ore in the employ, and subject to the direction or control of another in. An appraisal of the legal framework for adjudication of. Introduction to nigerian labour law by sam ihesiene erugo ssrn. Nigeria where there are far more unions than that of ghana. The only peculiarity is that customary law is not a source of employment law. The main focus of labour relations in industry is seen as the one which emphasizes the development of. Basically, customary law is any law that is indigenous to nigeria while islamic law is law that is derived from islam. The legal frame work of trade union activism and the role of. Pdf ilo and the international labour standards setting.

Fmm west africa free movement of persons and migration aims at strengthening the capacity of the ecowas commission and national government in the areas of labour migration. Industrial legalizations are the laws enacted by the government to provide economic and social justice to the workers in industries. Collective bargaining could be an effective instrument in the settlement of disputes and advancement of the cause of labour if certain basic conditions are fulfilled. Nigeria law and policy directives by government have encouraged trade union negotiations and collective bargaining in trade dispute resolutions and settlements. A case study of children in benin city includes abstract and chapter one, complete project material available child labour. It pertains to contract of employment but possessing some peculiar features that make it an interesting area of study. Law applicable to contracts of employment and employment legal relationships. Olabisi onabanjo university, ago iwoye, ogun state, nigeria. Problems and prospect of labour management relations in the. In simple meaning by labour we mean the work done by hard manual labour mostly work done by unskilled worker. A case study of children in benin city abstract this research work is designed to examine the issue of child labour in edo state with a special focus on benin city. Mar 18, 2016 rather, it is a legal system in its own right as english common law. Let us make an indepth study of labour in economics.

It limited miners to 12 hours and children to 8 hours. The eighthour movement led to the first law on the length of a working day, passed in 1833 in england. Of great importance in the region is the consolidation of significant southsouth migration corridors to neighbouring labour markets in the search for a job and better wages. Introduction nigeria has recently witnessed a huge increase in the number of industrial actions. Contract law makes these agreements enforceable, which usually means that it gives the party the power to compensate and obtain money damages caused by the other party due to a breach of contract. The primary legislation that regulates the employment of persons in nigeria is the labour act. It is the key point of reference for determining the nature and extent of employers rights and. Pdf protection and promotion of womens rights in nigeria.

It was composed of representatives from nine countries. Labour welfare rates in various states of india professional tax rates in various states of india monthly check list for statutory returns under imp. Emerging trends in labour law and industrial relations in nigeria. A critical analysis of corroboration under the nigerian. Unlike the laws of contract, tort, or property, the. Some conceptual and contextual issues onyemaechi joseph onwe1 abstract the major issue of interest in this presentation is the observed current unstable nature of labour management relations in nigeria, resulting in continuous labour.

Some of the factors that contributed in shaping the process of state formation include. Sources of nigerian lawconstitution are of various adaptations and we would attempt having a glance at those sources. Labour unions have been doing their best which is not enough. Hence, laws governing labour relations have either emerged through decrees in the case of military regimes or through act of parliaments in case of democratic era. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. They argue that this is due to the fact that islamic law is a legal system that is practised in many countries apart from nigeria. Labour and industrial relations in the modern form never existed in the indigenous society. General provisions as to protection of wages, contracts of employment and terms and conditions of employment. By the end of the first world war however, the nigeria civil service union had assumed the true functions of a trade. International journal of humanities and social science vol. This guide to law online niger contains a selection of nigerien legal, juridical, and governmental sources accessible through the internet. Emerging trends in labour law and industrial relations in. Problems and prospect of labour management relations in the nigerian oil and gas industry. 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.

Part i general provisions as to protection of wages, contracts of employment and terms and conditions of employment protection of wages 1. Labour law, the varied body of law applied to such matters as employment, remuneration, conditions of work, trade unions, and industrial relations. Legal issues in university management nigerian law. Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the federal republic of nigeria. The right freely to run their own activities means that workers and employers organizations can independently determine how they. The sources of the law regulating employment in nigeria are virtually same as in other areas of law. The first and in our opinion, most important thing every nigerian should know is that it is illegal to force anyone to work for you. Labour act an act to repeal and replace the labour code act and consolidate the law relating to labour. Aug 08, 2012 administrative law and rule of law are complementary. The administration of labour matter in nigeria is governed by labour act decree no.

Contract law serves as your protection in every legal agreement you make in life. Despite statutory interventions and attempts by government to control the rate of job loss through various. The study shall use federal radio corporation of nigeria, kaduna as reference organization and finding shall be based on the data gathered from the organization. From available data, though the traditional african society was predominantly agrarian, the need for large labour force was appreciated. Labour practice situation in nigeria informal sector is captured vividly by dual labour market theory also known as labour market segmentation theory.

C ilorin organizations the questionnaire, direct interview, text books, and journals were the basic source off. But in economics, the term labour mean manual labour. The guidelines regulate the activities of authorised dealers of foreign exchange i. Nature and sources of nigerian legal system nigeria became a federation in 1954 with the introduction of a federal constitution by the nigerian constitution.

Generally these laws provide guidelines to the employersindustrialists in dealing with the matters of wages, wage incentives, facilitates for workers and the working conditions of. 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. Generally these laws provide guidelines to the employersindustrialists in dealing with the matters of wages, wage incentives, facilitates for. Ilo and the international labour standards setting. The rule of labour is highlighted by the following factors. Trade union, also called labour union, association of workers in a particular trade, industry, or company created for the purpose of securing improvements in pay, benefits, working conditions, or social and political status through collective bargaining. Pdf women in nigeria face many challenges and discriminatory practices under some extant laws and customs. Specific labour and employment areas we specialize in. An act to repeal and replace the labour code act and consolidate the law relating to labour. Labour relations, employment conditions and participation in the health sector dr pedro brito coordinator, human resources development program, pahowho, washington dc.

Inter marriages and alliances of kingdoms and empires. An analysis of industrial relations practice in nigeria. 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. With regard to private employers, nigerian labor and employment law is largely based on the following statutes. This paper presents labour law as a branch of learning and specialty of the general law of contract.

These principles cannot be ignored or prohibited for any sector of activity or group of workers. The labour act the labour law with a commencement date of 1st august 1971 remains the applicable law in nigeria in this area though some commentators have argued that its provisions are only applicable to unskilled and manual workers. Necessity and importance of labour law and principles. Unlike the laws of contract, tort, or property, the elements of labour law are somewhat less. The government adopted the edo state trafficking in persons prohibition law, which codified the edo state taskforce for implementation. Our lawyers have successfully handled numerous issues concerning employee compensations. No day passes in nigeria without strikes or threats of strikes in one form or another. The 10hour day was established in 1848, and shorter hours with the same pay were gradually accepted thereafter.

Introduction to nigerian labour law by sam ihesiene erugo. This article overviews development in labour relations and the laws relating to trade union and the trade dispute. Ll labour act a the wages of a worker shall in all contracts be made payable in legal tender and not otherwise. As an organized movement, trade unionism also called organized. Early characterization of the dual labour market described it by the presence of two distinct segments cain, 1976. Nigeria working conditions, information about working. There is no law that says the plaintiff or the prosecution must bring a million witnesses or evidence to court before he can succeed in his case. These have been printed on many labor law compliance posters for employers, these parts are general provisions as to protection of wages, contracts of employment and terms and conditions of employment. In 2011, the cbn issued the guidelines for fx derivatives in the nigerian financial markets. Abstract the laws which govern employment occupy a position of considerable importance in any modern society. Labour unions and the transformation of the nigerian civil. 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. Our labour and employment law department has proved itself as a leader in the field of labour and employment.

The labour act requires employers to provide an employment contract setting out the terms and conditions of employment within three months of. This article shall examine these laws and seek to distill the mandatory obligations of an employer under nigerian law. There are hundreds of laws in nigeria, and it is almost impossible for the average nigerian to keep up with all of them and know what every single one says about your rights and duties, so we decided to do the hard work for you. 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. Belgium, cuba, czechoslovakia, france, italy, japan, poland, the united kingdom and the united states. The labour act only covers employees engaged under a contract of manual labour or clerical work in private and public sector. In nigeria, parties trading in derivatives must properly document their transactions and state the rights and obligations of all parties to the transactions. Employment and labour law casesjudgments 2 law nigeria. History of the ilo international labour organization.

Labour law is the law that stipulates how the relationship between the employer and the employee is supposed to be in a workplace. These were laws that we used when we were colonised by britain. Following the history of labour crises and agitations in nigeria, it is imperative to draw the attention of labour unions to the need to make efforts in curbing the persistent poverty of public service delivery which has culminated into the failure of various administrations in nigeria. The nigerian labour law includes within it the relationship between the government and its workers, between publiclyowned corporations and their workers and even. A critical analysis of corroboration under the nigerian law of evidence abstract.

Labour and employment law labour lawyer in nigeria. Labour is an important factor not only in production, but in all other economic activities. This consists of the common law, doctrines of equity and statutes of general application which were applicable in britain by 1st january 1900. Beginning of modern nigerian state dates back to four centuries ago. Identifying the types of labour turnover and also the rate of labour turnover. Introduction a history of labour law 3 b evolution of labour law in india 5 c purpose of labour legislations 6 d constitutional provisions with regard to labour laws 6 e labour policy of india 8 2.

Erugo, sam ihesiene, introduction to nigerian labour law december 31, 2004. The employment relationship international labour organization. Jan 11, 2012 political economy of labour relations in nigeria colonial era. In nigeria, job loss is a recurrent phenomenon, especially in the organized private sector. The nigerian labour act of 1990 is divided into five 5 different parts with each part detailing one particular aspect of the labor law. Legal issues in university governance in nigeria by professor p. However such labour was provided by slaves, family members and some form of cooperative schemes. Labourmanagement relations refer to a dynamic and developing concept which is not limited to the complex of relations between trade unions and management but also refers to the general web of.

Indigenous workers law in 1936 and acceptance of minimum wages convention in1937. However, the law of the land, in turn, must respect the principle of freedom of association. In its most comprehensive sense, the term includes social security and disability insurance as well. The labour act requires employers to provide an employment contract setting out the terms and conditions of. Download complete project topics and materials on impact of labour turnover on organizational productivity from chapter one to five with references and appedix proposal this study was carried out to analysis the impact of labour turnover on organizational productivity n. Impact of labour turnover on organizational productivity. Labour migration in africa is largely intraregional 80% and mainly characterized by the migration of lowskilled workers. The current version of the act was put into place in 2004, five years after their current constitution was established. By estine okolo abstract termination of employment is the cessation of the services of an employee by an employer. Other laws that are of importance are the constitution of the federal republic of nigeria. This paper is titled an appraisal of the legal framework for adjudication of industrial disputes in nigeria and came against the background of the perennial dispute between labour and employers of labour, particularly the public sector, namely, employment under the.

This is so because of the tremendous contributions which workers can make to national growth and development, as well as the general wellbeing of the nations citizenry. Findings on the worst forms of child labor nigeria u. Classical economists like ricardo and karl marx gave prime place to labour as the main source of production. Consolidated check list reminder for statutory return under imp. The employment relationship has been, and continues to be, the main vehicle through which workers gain access to the rights and benefits associated with employment in the areas of labour law and social security. The data were collected from 180 participants of fadama ii in. Ehi oshio, barrister, solicitor and legal consultant, visiting professor of law, national universities commission universities in nigeria universities in nigeria are creatures of law. Abia state university uturu abia state, 234 082 nigeria 234 80222 39291 phone download this paper. This study examined the factors that affect farm labour supply and utilisation for food crop production in niger state, nigeria. Any company conducting business in nigeria or considering doing so should be familiar with the various laws which govern the employment relationship. Impact of labour turnover on organizational performance in. The 1802 factory act was the first labour law in the uk. Nigerian labour law looks into the rights, working conditions, minimum wage, termination clauses, and many other rules set by the government of nigeria.