Compliance as Strategy: Navigating Nigerian Employment Law
“For too long, HR practitioners have outsourced legal knowledge to lawyers. True organizational resilience begins when HR leads the compliance agenda.”
1. : The 1999 Constitution of the Federal Republic of Nigeria (amended)
Chapter 2 of the constitution covering the Fundamental Objectives and Directive Principles
of State Policy is one of the portions of the constitution that holds employment rights and
protection. More specifically is Section 16, Subsection 2d states that:
“The State shall direct its policy towards ensuring: that suitable and adequate shelter, suitable and
adequate food, reasonable national minimum living wage, old age care and pensions, and
unemployment, sick benefits and welfare of the disabled are provided for all citizens.”
2. : The Labour Act
An abstract from the Labour Act reads, “Provides comprehensive legislation on conditions of work and employment. Part I sets out general provisions relating to wages, contracts and terms of employment. Employers shall not advance more than one month’s wages to an employee (s. 4). Section 8 requires that workers entering a contract be medically examined at the employer’s expense. Section 20 governs redundancy. Part II regulates recruiting, including the licensing of recruiters (s. 25), and the right to be accompanied by family (not exceeding 2 wives) (s. 34). Part III relates to special classes of workers, including apprentices (ss. 49-53), women (ss. 54-58), and young persons (ss. 59-64). In general, women and young persons are prohibited from performing underground and night work. Section 73 prohibits forced labour. Part IV contains supplemental
provisions relating to administration and the settlement of disputes. Section 90 repeals the Labour Code Act.”
3. : Federal and State Laws
These sources are limited to enacted laws by the relevant legislature atboth national and state level. The HR Professional should be concerned with laws covering Labour and Employment, Pensions, and
Compensation amongst other things.
4. : Decisions Of the Courts in Nigeria - Case Laws
he National Industrial Court of Nigeria: The National Industrial Court of Nigeria is a specialized superior court of record of dispensing social justice, dedicated to administering justice in an equitable impartial and timely manner. In accordance with the rule of law and by fostering public trust, understanding and confidence. It provides the public and other agencies it serves with an accessible, safe, respectful environment in which to conduct business and resolve disputes.
The Court aims at promoting industrial harmony through a timely, but fair resolution of disputes arising from industrial relations in a flexible, expedient, reliable and affordable manner thereby providing the enabling environment for the nation’s industrial development and economic growth.