CONTRIBUTOR: BETSEABASI ASUQUO
INTRODUCTION
In the dynamic landscape of the Nigerian economy, the employer-employee relationship form the bedrock of productivity and progress, which further enhances the economic growth of the nation. Employee rights are basic freedoms accrued to an employee while working for an organisation, including fair wages, equal opportunities, a safe work environment, and protection against discrimination.[1]
Every employer should ordinarily be conversant with the laws guiding employment in the Nation. Regulations of the Nigerian Labour Law, primarily codified in the Labour Act, Cap L1, Laws of the Federation of Nigeria 2004, along with various subsidiary legislations, regulations, and judicial pronouncements, establish a comprehensive system for the protection of employees. The spirit of all these⁰ various legislations agree to ensure fair treatment and safe working conditions for employees in Nigeria.
SOURCES OF EMPLOYEES’ PROTECTION IN NIGERIA.
Constitution of the Federal Republic of Nigeria 1999 (as amended).
This is the ground-norm which states the right of every citizen of Nigeria including, but not limited to employees. Some of these rights are right to life, [2] right to dignity of human person,[3] right to personal liberty[4] and all other rights as provided for in the Constitution.
The Labour Act 2004.
The Labour Act is Nigeria’s principal legislation regulating employment relationships. It sets out minimum standards on issues such as employment contracts, wages, working hours, termination of employment, protection of wages, and conditions of work. The Act also contains provisions aimed at safeguarding employees’ welfare, including rules on the employment of women and young persons, redundancy benefits, and the resolution of labour disputes. It serves as a critical source of statutory protection for employees, ensuring fair labour practices and promoting industrial harmony.
Employee Compensation Act 2010.
This Act provides a framework for compensating employees who suffer work-related injuries, diseases, or death in the course of their employment.
Factory Act 2004.
This Act provides for the Health, Safety and Welfare of factory employees.
Industrial Training Fund Act 2011.
The primary purpose of the ITF is to promote the development of a skilled workforce to meet the manpower requirements of Nigeria’s industrial, commercial, and economic sectors.[5]
Other relevant laws and regulations.
This includes any written law/regulations which govern the affairs of the employer and employees of the company, Institution or association.
RIGHTS OF AN EMPLOYEE AS PROTECTED BY LAW.
- Contract of employment
At the foundation of any employment relationship lies the contract of employment, whether written or oral, as there is no employment without a mutual agreement between 2 parties, known, as the employer and the employee. Nigerian Labour Act mandates that every employee, regardless of the duration of their employment, is entitled to certain fundamental protections. These include:
- Terms and Conditions of Employment: Every employee, within 3 months from the date of employment, has the right to clear and unambiguous particulars; terms and conditions of employment.[6] This includes details on;[7]
- The name of the employer or group of employers.
- The name and address of the worker.
- The nature of the employment.
- Duration of the employment.
- The appropriate period of notice to be given by the party wishing to terminate the contract.
- The rates of wages and the method of calculation.
- Hours of work, holiday and holiday pay.
- Any special conditions of the contract.
- Right to Fair Remuneration: The law stipulates the right to receive wages that are at least at the minimum wage level, as determined by the government. Furthermore, wages must be paid promptly and in legal tender. Section 1 of the Nigerian Labour Act[8] states that;
Subject to this section‐
(a) the wages of a worker shall in all contracts be made payable in legal tender and not otherwise; and
(b) if in any contract the whole or any part of the wages of a worker is made pay‐ able in any other manner the contract shall be illegal, null and void.
Generally, deductions from employees’ wages are prohibited, however, In the event of any deduction due to the exceptions and in instances provided by the Act, such deduction must be reasonable Also deductions from wages are strictly regulated and can only be made by first obtaining the prior consent in writing of an authorised labour officer.[9]
- Reasonable Working Hours: The Labour Act sets limits on daily and weekly working hours, with provisions for overtime pay for work exceeding these limits. Section 13 (1&2) of the Nigerian Labour Act[10] states that;
Normal hours of work in any undertaking shall be those fixed‐
by mutual agreement; or
by collective bargaining within the organisation or industry concerned; or
By an industrial wages board (established by or under an enactment providing for the establishment of such boards) where there is no machinery for collective bargaining.
Hours which a worker is required to work in excess of the normal hours fixed under subsection (1) of this section shall constitute overtime.
Subsection (7) further states that;[11]
(7) In every period of seven days a worker shall be entitled to one day of rest which shall not be less than 24 consecutive hours; if any reduction takes place in the weekly rest‐period‐
(a) Corresponding time‐off from work shall be allowed as soon as possible (and in any case not later than fourteen days thereafter); or
(b) wages at overtime rates shall be paid in lieu thereof
The aims of these provisions are to prevent exploitation and ensure adequate rest for employees.
2. Health, Safety, and Welfare of employees
According to the National Policy on Occupational Safety and Health, the well-being of employees is a paramount concern under Nigerian Labour Law.
An employer is required to protect the health and safety of workers at the workplace in accordance with the provisions of the Factories Act and the Labour Act. It is obligatory for the employer, under an employment contract, to provide a safe system and place of work and to take measures to ensure the safety of the worker.[12]
Some of the legal and moral obligations of employers as protective measures include:
- Provision of Clean Environment: By the provisions of Part II of the Factories Act,[13] every factory shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or nuisance.
- Prevention of Accidents and Diseases: By the provisions of Part III of the Factories Act,[14] an employer is to ensure safety from factory accidents such as the explosion of inflammable dust, gas, vapour, and other substances that can cause a dangerous outbreak.
- Welfare Facilities: By the provisions of Part IV of the Factories Act[15] an employer is required to provide clean drinking water, washing facilities and first-aid service for every employee in his factory.
Provision of Safe Working Conditions: By the provisions of Part V of the Factories Act,[16] employers are required to take all reasonable precautions to ensure the health and safety of their employees at work. This includes providing well-functioning equipment and protective clothing for the body and eyes. Where necessary, sufficient samples of any substance used or intended to be used in a factory, particularly if there is reason to suspect a contravention of any regulation made under the Act, or if the substance may, upon analysis, be found likely to cause bodily harm to employees, may be tested to ensure the safety of those employed.
3. Protection Against Unfair Treatment and Discrimination
The Nigerian Labour Act strongly advocates equality and fairness in the workplace, while strongly prohibiting unfair treatment and discriminatory acts against employees.
- Prohibition of Forced Labour: Section 73 of the Labour Act[17] strongly prohibits Forced Labour and spells out punishment, which can be a fine or imprisonment for a term not exceeding 6 months.
- No Child Labour: Section 59 (1-8) of the Labour Act[18] provides for the overall safety of any child below the age of 12 or a young person who is legally employed. These provisions clearly spell out the nature of work and the work environment in which such a child or young person is expected to work.
- Protection Against Unfair and Uninformed Dismissal: Section 11 of the Labour Act[19] provides that notice must be given to any employee whose employment contract is intended to be terminated, and all outstanding payments must be liquidated before the expiration of such notice.
4. Statutory Benefits and Leave Entitlements
The Nigerian Labour Act provides for statutory benefits and leaves that an employer is required to make available to employees.
- Annual Leave: Employees are entitled to annual leave of 6 working days and 12 working days for employees below the age of 16.[20]
- Sick Leave: Employees are also entitled to paid sick leave.[21]
- Maternity Leave: Female employees are entitled to maternity leave.[22]
- Public Holidays: Employees are entitled to rest off work on public holidays.
CONCLUSION.
In conclusion, Nigerian Labour Law provides for the safety of employees, fairness in place of work and the general protection of employees through various legal frameworks by explicitly stating the fundamental rights of employees.
REFERENCE
- The Value of Protecting Employee Rights available on https://www.wilbanksconsulting.com/blog/2024/3/21/the-value-of-protecting-employee-rights accessed on June 2025↑
- S 33 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) ↑
- S 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) ↑
- S 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) ↑
- Industrial Training Fund available on https://en.m.wikipedia.org/wiki/Industrial_Training_Fund#:~:text=and%20capable%20workforce.-,Purpose%20and%20objectives,%2C%20commercial%2C%20and%20economic%20sectors. Accessed on June 2025. ↑
- S 7 (1) Nigeria Labour Act, Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
- S 7 (1) (a-h) Nigeria Labour Act, Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
- Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
- S 5 Nigeria Labour Act, Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
- Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
- Nigeria Labour Act, Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
- Health and safety available on https://mywage.ng/labour-law/health-safety accessed on June 2025 ↑
- CAP. F1 L.F.N. 2004. ↑
- CAP. F1 L.F.N. 2004. ↑
- CAP. F1 L.F.N. 2004. ↑
- CAP. F1 L.F.N. 2004. ↑
- Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
- Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
- Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
- S 18 Nigeria Labour Act, Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
- S 16 Nigeria Labour Act, Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
- S 54 Nigeria Labour Act, Chapter L1, Laws of the Federation of Nigeria (LFN) 2004. ↑
