CONTRIBUTOR: ANEKWE ANGELA EKENE
INTRODUCTION
In an era defined by connectivity and technological advancement, the traditional boundaries of the workplace have blurred, giving rise to a new era of work that transcends geographical constraints. Working remotely from different jurisdictions is becoming a common occurrence with how organisations operate, particularly across Asia Pacific.[1]
Whilst working remotely offers numerous benefits for both employers and employees, it also brings forth a set of unique challenges and risks for organisations. Understanding these risks and defining parameters of remote working arrangements is crucial for addressing and managing these risks effectively.[2]
This article explores the emerging legal issues surrounding remote work in Nigeria. It examines how traditional employment frameworks are adapting to flexible and hybrid work arrangements, with a focus on employee rights, employer obligations, and contractual considerations. The piece also analyses common challenges such as monitoring employee productivity, handling workplace misconduct remotely, and ensuring occupational health and safety. This article aims to equip HR professionals, legal advisors, and business owners with a clear understanding of their legal exposure and responsibilities in a digitalised work environment.
EMERGING LEGAL ISSUES SURROUNDING REMOTE WORK IN NIGERIA
With the increasing rise in the demand and supply of remote workers, it is expected that challenges will emerge; as it concerns the regulations of employment terms. For instance, the Employee Compensation Act 2010[3] is the statute that provides for compensation for any death, injury, disease or disability suffered by an employee during the course of employment. The scope of the Act only covers employees in the private and public sector.[4] A perusal of this act clearly shows that it was made for work in a physical setting, creating an uncertainty for the liability of the employer for injuries suffered by remote workers who work from the comfort of their homes.
The question then asked is whether injuries sustained at home amount to “work-place” accidents and because the law does not clearly reflect remote workers, employers are able to use this defect to avoid liability. Even if the employers attempt to make the home or working stations of remote workers comfortable, issues of competing interests arise, i.e., ensuring safe working environment as against the right to privacy of the employee.
HOW TRADITIONAL EMPLOYMENT FRAMEWORKS ARE ADAPTING TO FLEXIBLE AND HYBRID WORK ARRANGEMENTS
Currently, Nigeria has no laws currently regulating ‘remote work’. The Labour Act, Chapter L1, Laws of the Federation of Nigeria 2004 which is the main law that governs employment relationships in Nigeria does not contain any express provision on remote work, neither has any other regulation been issued by the government on the subject.[5] The Labour Act provides that not later than three months after the beginning of a worker’s period of employment with an employer, the employer shall give to the worker a written contract of employment and that will subsist as the basis of their contractual relationship. The contract of employment issued by an employer to an employee in the era of remote work should be well structured to give cognizance to ‘remote work’ issues.
Employee rights: The change from in-office work to remote work has complicated the understanding and enforcement of employee rights. In a traditional office environment, there were certain well-defined rules from the employers regarding safety, discrimination, and compensation. In a remote environment, some of these are difficult to understand and put to use.
Employer Obligations: Employers have a duty of care to ensure the health and safety of their employees, even when they are working remotely.[6] This duty extends to providing a safe work environment, which includes the employee’s home office setup. Employers should conduct a risk assessment of the remote work environment, which may involve providing guidelines for setting up a home office, offering ergonomic equipment, and ensuring that the workspace is free from hazards.
Moreover, employers are responsible for maintaining a productive work environment. This includes setting clear expectations regarding work hours, availability, and communication. Regular check-ins and support for mental health are also crucial aspects of fostering a productive and positive remote work culture.
Contractual Considerations: In Nigeria, the legal landscape regarding flexible work options is in a state of evolution, making it imperative for both employers and employees to grasp their rights and responsibilities.[7] The Labor Act serves as a foundational framework; however, the advent of flexible arrangements can complicate these classifications. Awareness of data protection laws is paramount, especially as organizations increasingly manage sensitive information remotely. The Nigeria Data Protection Regulation (NDPR) requires organizations to implement sufficient measures to safeguard personal data, regardless of the work setting. Establishing explicit guidelines can mitigate legal risks and clarify expectations for all parties involved. By adeptly navigating these legal considerations, we can foster a strong framework for flexible work arrangements that aligns with the dynamic workplace environment in Nigeria.
COMMON CHALLENGES OF REMOTE WORKSPACE
Monitoring Employee Productivity: One of the most significant challenges of remote work is monitoring employee productivity. In a traditional office setting, managers can observe performance through direct supervision, informal check-ins, and visible engagement. Remote work removes that physical visibility, forcing organizations to rely on digital tools and trust-based systems to measure performance.[8] To strike a balance, forward-thinking employers are moving away from micromanagement and toward outcome-based performance evaluation. Instead of focusing on hours worked, they assess employees by their results, quality of output, and ability to meet deadlines.
Handling Workplace Misconduct Remotely: Managing workplace misconduct is another area that becomes more complicated in remote work environments. Misconduct does not disappear simply because employees are working from home, it often takes new forms. Virtual communication can give rise to inappropriate behaviours such as cyberbullying, harassment through digital platforms, misuse of confidential data, or unprofessional conduct during online meetings. Employers must therefore adapt their disciplinary and grievance procedures to the realities of remote work. Policies should clearly outline what constitutes misconduct in virtual settings and explains how incidents will be reported, investigated, and resolved.
Ensuring Occupational Health and Safety: Ensuring occupational health and safety in remote workspaces is another major challenge for employers. Under traditional Labor laws, the employer has a duty of care to provide a safe and healthy work environment. With remote work, this responsibility extends beyond the office to employees’ homes or other chosen workspaces. Employers must take reasonable steps to ensure that these environments are safe, even if they are not under direct control. This includes providing guidance on ergonomic workstation setups, appropriate lighting, and safe use of electrical equipment.
CONCLUSION
The rise of remote work has transformed the traditional employer–employee relationship and challenged the conventional boundaries of labour regulation in Nigeria and across the globe. While technology has enabled flexibility and productivity, it has also exposed gaps in existing employment laws that were designed for physical workplaces. As organisations increasingly adopt hybrid and flexible work models, it becomes essential to rethink legal frameworks to address issues relating to workers’ rights, employer obligations, and workplace safety in a virtual context.
For Nigeria, where the Labour Act remains silent on remote work, this transition presents both an opportunity and a challenge. Employers must proactively integrate remote work provisions into contracts, policies, and operational structures to ensure compliance, fairness, and transparency. Likewise, employees must become more aware of their rights and responsibilities in digital work environments. Ultimately, the success of remote work depends on striking a balance between flexibility and accountability, ensuring that innovation does not come at the cost of worker protection or legal certainty.
RECOMMENDATION
The Nigerian government should consider updating existing labour laws or introducing new regulations to explicitly address remote and hybrid work arrangements. Employers, in the meantime, should implement clear contractual terms and data protection measures to safeguard both organizational interests and employee welfare.
REFERENCE
- Norah Seddon, ‘Navigating the compliance risks of remote working arrangements across Asia Pacific’ (2024) https://www.pwc.com/gx/en/about/pwc-asia-pacific/asia-pacific-blogs/navigating-the-compliance-risks-of-remote-working-arrangement.html accessed 27 October, 2025. ↑
- Ibid. ↑
- Employees’ Compensation Act No 13 of 2010. ↑
- Section 2(1) Employees’ Compensation Act 2010. ↑
- Aliant Law, ‘Workation: Part III – Remote Working in Nigeria’ (2022) https://aliantlaw.com/remote-working-in-nigeria accessed 27 October, 2025. ↑
- Maguire & McInerney, ‘Remote Work and Employment Law: Navigating Legal Considerations in the Digital Workplace’ (2022) https://mandm.net.au/remote-work-and-employment-law-navigating-legal-considerations-in-the-digital-workplace/#:~:text=To%20ensure%20compliance%20with%20employment%20laws%2C%20employers,their%20privacy%20*%20Staying%20informed%20on%20cybersecurity accessed 27 October, 2025. ↑
- Novatia, ‘Flexible Work Arrangement Analysis in Nigeria | Novatia Consulting’ (2024) https://novatiaconsulting.com/flexible-work-arrangement-analysis-in-nigeria accessed 27 October, 2025. ↑
- Michael Page AU, ‘Navigating hybrid work: Redefining traditional work patterns for success in the changing talent landscape’ (2024) https://www.michaelpage.com.au/advice/management-advice/leadership/navigating-hybrid-work-redefining-traditional-work-patterns-success-changing-talent-landscape accessed 27 October, 2025. ↑
