In the last few weeks in Nigeria, #HorribleBosses was trending on the courts of Twitter and one horror story followed another with tales of abuse fit for a blockbuster Nollywood movie. As employees recounted tales of abuses that bother on criminal behaviour, and their reactions to these abuses, it appears imperative that we revisit exactly what rights employees have as set out in the law.
Termination of Appointment and Leaves and Benefits are hot spot issues and this is the highlight “reel” of the provisions for employees according to the labour law:
- Even if you have been working for less than a month, you deserve notice.
- The labour law might need review on its leave provisions (Maximum 12 days leave for an entire year of work is no longer best practice) but you are entitled to paid leave after one year of work and you are entitled to sick leave under very clear conditions.
- No, you can’t monetise your leave period. It is illegal and you need the reboot time.
- If anything happens to you in the course of work, you are entitled to benefits.
- In the case of a redundancy, you are entitled to fair redundancy benefits.
- Unfortunately the labour law is silent on Harassment but the National Industrial Court, that adjudicates labour matters, covers harassment in its Order 14 of the Rules.
Need more details? Read on!
Termination of Employment
Section 11 of the act stipulates the terms on which an appointment will be terminated by notification. This notification will be by either party – the employer or employee. It is recommended that a notice of one day be given especially for employees who have worked for three months or less.
The notice duration increases based on the months of work by the employee. It will be a week’s notice for those who have worked for three months to two years and two weeks for those who have worked between two years to five years. A notice period of one month is required for workers who have worked for above five years.
Subsection 7 of the act states that all notice from one week and above must be in writing, and the employer is required to pay all wages and benefits before the expiration of the notice.
However, Sub-Section 8 states that the employer is not liable to pay the employee under notice for periods absent from work. Such days will be deducted and the balance paid to the employee at the end of the notice period.
Leave and Benefits
Section 16 of the act stated that each employee is entitled to a maximum of twelve (12) working days of paid sick leave within a calendar year. This benefit is subject to a certified note from a medical practitioner.
Within such sick leave, the contract between the employer and employee remains intact. However, the employer has the privilege to request a medical examination by an independent medical practitioner on the employee.
As stated in Section 18, every worker having worked for twelve months is entitled to an annual paid holiday (or annual leave). The duration should be six days or twelve days for those below sixteen years (including an apprentice).
Such a holiday may be deferred by mutual agreement between employee and employer, but such deferment shall not exceed 24 months.
According to the Act, it is unlawful for an employer to pay wages in lieu of an annual holiday.
Section 34 of the Labour Act recognises some members of their family in the workplace of an employee. Such members are wife (not exceeding two) and children under sixteen. These people can accompany the employee to work and in official duties.
Section 31 outlines the benefit of an employee when incapacitated by sickness or accident, found medically unfit to continue service for reasons he is not responsible for, or being recruited by misrepresentation or mistake by an authorised labour officer.
Repatriation is to be paid to the employee’s family at the expense of the employer if such an employee dies during the journey to a place of work and also the situation of incapacitated by sickness or accident, found medically unfit to continue service for reasons he is not responsible for.
However, in the event of redundancy, Section 20 requires the employer to notify the trade union or worker’s representative on the reason for such. It also requires the principle ‘first in, first out principle’ in the retrenchment of workers. This principle is relative to the workers’ skill, ability, and reliability.
In this event, the employer must do his best to negotiate fair redundancy benefits for the affected workers.
In Sections 49 to 51, the act made provisions for apprenticeship. However, an individual between twelve and sixteen needs consent from a parent or guardian. Section 51 permits the employer to retain the apprentice after the contract’s expiration at a wage rate agreed by the employer and the apprentice.
Nigeria’s challenge with unemployment remains one of its most significant socio-economic problems with the unemployment rate reaching a high of 33.28% at the end of 2020.
The fear of unemployment and the harsh economic realities of a country with double digits inflation rates often force employees to remain in disadvantageous work situations. But workers and aggrieved persons can seek redress in the courts.
Admittedly though, in a country with a weak judiciary, it can feel like a David and Goliath situation for the ordinary man, but unlike David, though the stones exist in the form of evidence, the sling for a targeted throw is out of reach.
The Labour law can do with a review of its provisions, its silence on harassment is telling and provisions like leave periods, among many other vague and outdated provisions, need to be updated.