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. In addition to developing a more flexible workforce, casualisation and contract staffing readily provide nigerian employers with regular cheap labour. Part i general provisions as to protection of wages, contracts of employment and terms and conditions of employment protection of wages 1. Casual work is a great option for people who want or need flexibility in their life. A casual is an employee who is engaged on a daily basis i. An act to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations. Jun 10, 2008 the number of people who are taking on casual work is on the rise. The new development in nigeria today is that the term. Casualization of labour, a study of contract workers in chevron nigeria limited, escravos warri, delta state was chosen to find out how effective or ineffective the nigerian labour law. Labour law also known as labor law or employment law mediates the relationship between workers, employing entities, trade unions and the government.
Undocumented employment, otherwise known in nigeria, as casual labour has become the main type of employment. 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. Part ii fundamental rights and protections sub part a child labour 5. Forgery of certificates, false entries and false declarations. Casual contract employees in nigeria any legal rights. Meanwhile, section 7 1 of the labour act, cap 198, laws of the federation of nigeria, 1990 provides that not later than three months after the beginning of a workers. Other laws that are of importance are the constitution of the federal republic of nigeria. The use of casualization as a business model, involves the strategic substitution of fulltime workers with contract andor agency labour. Per governor holcombs executive order, the indiana department of labor offices are closed to the public. See oyesola animashaun casualisation and casual employment in nigeria.
Clients will also receive complimentary access to more than 500 000 ccma and bargaining council awards until december 2019 click here to place your order online. In labour news by jan truter 30 april 2010 24 comments. An act to repeal and replace the labour code act and consolidate the law relating. Annual leave and holidays paid vacation annual leave a worker is entitled to at least 15 working days fully paid annual leave, after completion of 12 months of continuous service. Ll labour act a the wages of a worker shall in all contracts be made payable in legal tender and not otherwise. No, there is no reference in our labour legislation to the concept of a casual labourer. The negative effects of labour casualization in nigeria seahi. The annual leave is increased to at least twelve working days for young workers under sixteen including apprentices. Employment status worker, employee, selfemployed, director or contractor affects employment rights and employer responsibilities in the workplace employment status. The employment act, 2007 1 the employment act, 2007 arrangement of sections sections part. Casual workers are not given the same benefits such as compensation for injuries arising in the course of employment, right to belong to trade unions and bargain collectively and various social security benefits that accrue to permanent. The old basic conditions of employment bcea of 1983 referred to casual.
Mar 27, 2010 a recent report by the campaign for democratic and workers rights in nigeria, an ngo dealing with labour issues, said recently that 45 per cent of nigerias labour force is made up of casual workers. Law applicable to contracts of employment and employment legal relationships. General provisions as to protection of wages, contracts of employment and terms and conditions of employment. Corporations, globally, whether large or small, have at the beginning of the 21st century realised that. The trend of casualization of labour like wild fire on dry leaves has spread ferociously within employment relations in nigeria. The number of casual workers in nigeria is hard to pin down. The increase in casualisation in nigeria is pathetic and this is attributed to government policy of outsourcing. Several reasons are responsible for casualization of employment. Legal alert for april 2006 applicable employment laws in nigeria in the 21st century.
Thus, this paper examines various provisions in nigerias labour laws that expose the clear. Casualization of labour, a study of contract workers in chevron nigeria limited, escravos warri, delta state was chosen to find out how effective or ineffective the nigerian labour law has dealt with the issue of. The relevance of the dignity of human labour and the need for protecting and safeguarding the interest of labour. Companies and allied matters act arrangement of sections part a companies part i corporate affairs commission section 1. Section 7 1 of the labour act, cap 198, laws of federation of nigeria, 1990 provides that. In recent times, i have had to attend to enquiries from employees, human resource managers and individual business owners on issues that bother on annual leave vacations, the position of the nigerian labour law. By usman bappi 2017 4page is used for the employee. Collective labour law relates to the tripartite relationship between employee, employer and union. Introduction to nigerian labour law by sam ihesiene erugo ssrn.
Industrial, labour and general laws the labour laws derive their origin, authority and strength from the provisions of the constitution of india. Get wellresearched legal information in quick, clear, and concise words for issues concerning nigerian law. The nigerian labour law includes within it the relationship between the. The occurrence of global economic depression which has. The last two decades have witnessed a major increase in the number of workers engaged on casual and temporary basis in the nigerian oil and gas industry. No day passes in nigeria without strikes or threats of strikes in one form or another. The 2019 edition of the labour law and employment manual clients will receive free online access to the manual with regular updates until 12 months from date of purchase. A guide to the law on casual workers february 2017, employment relations unit introduction 2 1 worker v employee 3 2 mutuality of obligation 4 3 common types of casual contracts 5 4 continuous employment 6 5 terms and conditions of employment 11. Not later than three month after the beginning of a worker s period of employment with an. Employment and labour relations act principal legislation arrangement of sections section title part i preliminary provisions 1. Casual employment, casual employment rights and casual employment laws. This paper presents labour law as a branch of learning and specialty of the general law of contract.
Pdf casual work is increasingly becoming the norm of a global. What are the rights of casual workers under nigerian law. Browse all of the casual employment document templates. Pdf casual work arrangements cwas and its effect on right to. Prohibition of child labour sub part b forced labour 6. Nigerian labour law looks into the rights, working conditions, minimum wage, termination clauses, and many other rules set by the government of nigeria. The current version of the act was put into place in 2004, five years after their current constitution was established.
Casual labour is irregular employment or a parttime labour, including the labour of workers whose normal employment consist of series of short time jobs. Individual labour law concerns employees rights at work also through the contract for work. It is the law which deals with the legal rights of and limitations on working people and their organizations. There is no express statutory distinction between different categories of workers in nigeria. There aretwo forms of employment under casualisation in nigeria, casual and contract labour. The primary legislation that regulates the employment of persons in nigeria is the labour act. It pertains to contract of employment but possessing some peculiar features that make it an interesting area of study. Legal implications of employment casualisation in nigeria. Employment casualization and degradation of work in nigeria. These have been printed on many labor law compliance posters for employers, these parts are.
Workers have been categorized in different terms to decimate the role of the worker in production, management of resources, and benefits of the entire production process. The casualisation of nigerian workers and the legal. Section 2 of the employment act to most people a casual is an employee who is engaged on a need basis and who is not in permanentregular employment. A worker is entitled to annual leave of at least six working days with full salary. Labour act an act to repeal and replace the labour code act and consolidate the law relating to labour.
The labour act requires employers to provide an employment contract setting out the terms and conditions of employment within three months of. The use of casual workers in nigeria by most employers both public and private is fast gaining popularity as most employers are constrained to adopt this employment. Repeal and savings chapter 269 industrial and labour relations an act to revise the law. An act to repeal and replace the labour code act and consolidate the law relating to labour. Basic employment conditions and the labour act, 2007. Introduction nigeria has recently witnessed a huge increase in the number of industrial actions. Abstract the trend of casualization of labour like wild fire on dry leaves has spread ferociously within employment relations in nigeria. Casual employee rights may be a diverse subject, but at times individuals ask experts on justanswer for quick and easy answers. After searching the net for a while i found your site and it is extremely comprehensive and easy to follow. Annual leave law in nigeria annual holiday rights mywage. The report expressed the fear that the situation would only worsen as employers seek out ways to reduce cost of doing business.
The employment act, 2007 arrangement of sections sections. The employees compensation act and the labour act use the words employee and workers, respectively, to cover any person who is employed. The employment act, 2007 arrangement of sections sections part. Sep 22, 2016 in addition to casual employees having legal rights to be given written contracts of employments, to enjoy breaktime, have regularity in the payment of their wages and take maternity leave, all employees in nigeria, including casual employees, are also entitled to earn the minimum wage as guaranteed under the national minimum wage amendment. Introduction to liberian labour law anthony valcke country director american bar association africa rule of law initiative. Although our door is temporarily closed, we will continue performing all of our essential functions. Complaints against irregularities in elections 111. Alberta labour relations board chapter 24b effective. Labour act, 2003 international labour organization. The employees compensation act provides for payment of compensation to employees including casual workers in the event of accident during employment or to the employees dependants in the event of death.
The labour laws are flagrantly flouted by the employers and the situation is worse in the private sector. A guide to the law on casual workers february 2017, employment relations unit introduction 2 1 worker v employee 3 2 mutuality of obligation 4 3 common types of casual contracts 5 4 continuous employment 6 5 terms and conditions of employment. Penalty for offences for which no express penalty is provided. Curbing the casual employment syndrome nigeria and world. The terms and conditions of employment of this category of workers are not regulated by the nigerian labour laws in the sense that their status is not defined nor do the law make. There is now a sharp worldwide rise in casual employment and a parallel rise in the gap between wages and benefits of permanent and casual workers. Casual workers are not given the same benefits such as compensation for injuries arising in the course of employment.
Casual workers, foreign employers, law, manufacturing industries. The labour act covers all employers and employees except those in strategic positions such as the armed forces, police service, prisons service and the security intelligence agencies. Staff who are under casual employment tend to act unprofessional in so many of their. The rise of casual work in nigeria african journals online. This is gap in knowledge which this study tried to fill, by examining casual workers perception of working conditions in some selected construction firms in lagos state, nigeria.
The labour act no 651 of 2003 consolidates and updates the various pieces of former legislation, and introduces provisions to reflect ratified ilo conventions. The emerging pattern of employment in nigeriatoday is cas ualisation which is fast becoming the dominant form of flexible work arrangement particularly in the oil and gas industry ogi. Casual labor is a common term used in the employer community to describe workers performing a variety of services, usually on a temporary or parttime basis. 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.