| [ |
| { |
| "source": "Labour Act", |
| "section_number": "1", |
| "title": "Manner of payment", |
| "content": "(I) Subject to this section-\n[Issue 1] Ll-4\nCAP.Ll \nLabour Act \n(a) the wages of a worker shall in all contracts be made payable in legal tender and \nnot otherwise; and \n(b) if in any contract the whole or any part of the wages of a worker is made pay\u00ad\nable in any other manner the contract shall be illegal, null and void. \n(2) An employer may provide food, a dwelling place or any other allowance or \nprivilege as a part of a worker's _remuneration if the food, dwelling place, allowance or \nprivilege is prescribed by law, by a collective agreement or by an arbitration award be\u00ad\ncause it is customary or desirable in view of the nature of the industry or occupation in \nwhich the worker is engaged; but in no case shall an employer give to any worker any \nintoxicating liquor or noxious drug by way of remuneration. \n(3) Except where otherwise expressly permitted by this Act, wages payable in money \nshall be paid only in legal tender or, with the prior consent in writing of the worker con\u00ad\ncerned, by cheque or postal order and payment or purported payment in any other form \nshall be illegal, noll and void." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "2", |
| "title": "Agreement as to place and manner of spending wages illegal", |
| "content": "No employer shall impose in any contract for the employment of any worker any \nterms as to the place at which, or the manner in which, or the person with whom any \nwages paid to the worker are to be expended; and every contract between an employer \nand a worker containing any such terms shall be illegal, null and void." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "3", |
| "title": "Wages not to be paid on certain premises", |
| "content": "Wages shall not be paid to a worker in premises used for the sale of intoxicating liq\u00ad\nuor or for the retail sale of goods, except in the case of a worker employed on the prem\u00ad\nIses." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "4", |
| "title": "Advances", |
| "content": "(I) No employer may make to a worker an advance of wages in excess of one \nmonth's wages. \n(2) Where an advance in respect of wages has been paid to a worker the minimum \nperiod for the recovery of the advance by the employer shall be three months. \n(3) No advance in respect of wages shall be paid to a worker who is liable to repay \nany part of such an advance paid to him previously, except in cases of necessity as so \napproved by the employer. \n(4) No employer shall make any deduction by way of discount, interest or any similar \ncharge on account of any advance of wages paid to a worker in anticipation of the regular \nperiod of payment of the wages. \n(5) The State Authority may by order declare that this section shall not apply to any \nparticular kind of advance paid to any particnlar class of worker or to all workers." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "5", |
| "title": "Deductions (including deductions for overpayment of wages)", |
| "content": "(I) Except where it is expressly permitted by this Act or any other law, no employer \nshall make any deduction or make any agreement or contract with a worker for any \n----------- -- -----------\nCAP.Ll \nLabour Act \ndeduction from the wages to be paid by the employer to the worker, or for any payment \nto the employer by the worker, for or in respect of any fines: \nProvided that, with the prior consent in writing of an authorised labour officer, a \nreasonable deduction may be made in respect of injury or loss caused to the employer by \nthe wilful misconduct or neglect of the worker. \n(2) An employer may with the consent of a worker make deductions from the wages \nof the worker and pay to the appropriate person any contributions to provident or pension \nfunds or other schemes agreed to by the worker and approved by the State Authority. \n(3) Upon the registration and recognition of any of the trade unions specified in Part \nA of Schedule 3 to the Trade Unions Act, the employer shall-\n[1986No. 17. Cap. T14.] \n(a) make deductions from the wages of all workers eligible to be members of the \nunion for the purpose of paying contributions to the trade union so recognised; \nand \n(b) pay any sum so deducted to the union, \nbut a worker may contract out of the system, in writing, and where he has done so, no \ndeductions shall be made from his wages in respect of contributions mentioned in para\u00ad\ngraph (a) of this section. \n( 4) No deductions shall be made from the wages and salaries of persons who are eli\u00ad\ngible members of any of the trade unions specified in Part B of Schedule 3 of the Trade \nUnions Act except if the person concerned has accepted, in writing, to make voluntary \ncontrihutlon.-. to the trade union. \n(5) Deductions may be made from the wages of a worker in respect of overpayment \nof wages, but only in respect of any such overpayment made during the three months \nimmediately preceding the month in which the overpayment was discovered. \n[1989 No. 25.] \n(6) An employer shall, when making a payment to a trade union under paragraph (b) \nof subsection (3) of this section, include with such payment a list of the employees from \nwhom deductions were made pursuant to paragraph (c) of the said subsection. \n(7) Notwithstanding any other provisions of this Act, the total amount of deductions \nthat may be made from the wages of a worker in any one month shall not exceed one \nthird of the wages of the worker for that month." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "6", |
| "title": "Authority of employer to open shop", |
| "content": "(1) The Minister may, after consultation with the State Authority, give approval to an \nemployer to establish a shop for the sale of provisions to his workers, but no worker shall \nbe compelled by any contract or agreement, written or oral, to purchase provisions at any \nshop so established. \n(2) No employer shall in any place of employment establish a shop for the sale of \nprovisions to his workers (or permit such a shop to be established or kept) otherwise than \nin accordance with subsection (I) of this section. \n[Issue lJ Ll-6\nCAP.Ll \nLabour Act \nContracts of employment" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "7", |
| "title": "Written particulars of tenns of employment", |
| "content": "Written particulars of terms of employment \n(I) Not later than three months after the beginning of a worker's period of employ\u00ad\nment with an employer, the employer shall give to the worker a written statement speci\u00ad\nfying-\n(a) the name of the employer or group of employers, and where appropriate, of the \nundertaking by which the worker is employed; \n(b) the name and address of the worker and the place and date of his engagement; \n(c) the nature of the employment; \n(d) if the contract is for a fixed term, the date when the contract expires; \n(e) the appropriate period of notice to be given by the \u00b7party wishing to terminate \nthe contract, due regard being had to section II of this Act; \nifJ the rates of wages and method of calculation thereof and the manner and pe\u00ad\nriodicity of payment of wages; \n(g) any terms and conditions relating to-\n(i) hours of work; or \n(ii) holidays and holiday pay; or \n(iii) incapacity for work due to sickness or injury, including any provisions \nfor sick pay; and \n(h) any special conditions of the contract. \n(2) If after the date to which the said statement relates there is a change in the terms \nto be included or referred to in the statement the employer-\n(a) shall, not more than one month after the change, inform the worker of the na\u00ad\nture of the change by a written statement; and \n(b) if he does not leave a copy of the statement with the worker, shall preserve the \nstatement and ensure that the worker has reasonable opportunities of reading it \nin the course of his employment, or that it is made reasonably accessible to the \nworker in some other way. \n(3) A statement under subsection (I) or (2) of this section may, for all or any of the \nparticulars to be given by the statement, refer the worker to some other document which \nthe worker has reasonable opportunities of reading in the course of his employment or \nwhich is made reasonably accessible to the worker in some other way. \n( 4) If the employer, in referring in the said statement to any such document, indicates \nto the worker that future changes in the terms particularised in the document will be en\u00ad\ntered in the document (or recorded by some other means for the information of persons \nreferred to in the document), the employer need not under subsection (2) of this section \ninform the worker of any such change which is duly entered or recorded not more than \none month after the change is made. \n(5) If, not more than six months after the termination of a worker's period of em\u00ad\nployment, a further period of employment is begrm with the same employer and the terms \nof employment are the same, no statement need be given under subsection (1) of this \nCAP.Ll \nLabour Act \nsection in respect of the second period of employment, so however that this subsection \nshall be without prejudice to the operation of subsection (2) of this section if there is a \nchange in the terms of employment. \n(6) The provisions of this section in respect of written statements shall not apply if\u00ad\n( a) a worker has a written contract of employment which covers each of the par\u00ad\nticulars mentioned in subsection (1) of this section; and \n(b) he has a copy of that wtitten contract." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "8", |
| "title": "Medical examination", |
| "content": "(1) Every worker who enters into a contract shall be medically examined by a regis\u00ad\ntered medical practitioner at the expense of the employer. \n(2) The State Authority may by order exempt from the requirement of medical ex\u00ad\namination workers entering into contracts for-\n(a) employment in agricultural undertakings not employing more than a limited \nnumber of workers (the limit being specified in the order); or \n(b) employment in the vicinity of the workers' homes-\n(i) in agricultural work; or \n(ii) in non-agricultural work which the State Authority is satisfied is not of \na dangerous character or likely to be injurious to the health of the \nworkers." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "9", |
| "title": "Contracts: general", |
| "content": "(I) No contract shall be deemed to be binding on the family or dependants of a \nworker unless it contains an express provision to that effect. \n(2) An employer shall be responsible for the performance of any contract made by \nany person acting on his behalf. \n(3) Except in the case of a contract of apprenticeship, no person under the age of \nsixteen years shall be capable of entering into a contract of employment under this Act. \n( 4) No contract shall provide for the payment of wages at intervals exceeding one \nmonth unless the written consent of the State Authority has been previously obtained. \n(5) No worker shall be bound by virtue of any contract under this Act to answer for \nthe debt, default or miscarriage of any other person. \n(6) No contract shall-\n(a) make it a condition of employment that a worker shall or shall not join a trade \nunion or shall or shall not relinquish membership of a trade union; or \n(b) cause the dismissal of, or otherwise prejudice, a worker-\n(i) by reason of trade union membership; or \n(ii) because of trade union activities outside working hours or, with the \nconsent of the empJoyer, within working hours; or \n[Issue I] LI - 8\nCAP.Ll \nLabour Act \n(iii) by reason of the fact that he has lost or been deprived of membership \nof a trade union or has refused or been unable to become, or for any \nother reason is not, a member of a trade union. \n(7) A contract shall be terminated-\n( a) by the expiry of the period for which it was made; or \n(b) by the death of the worker before the expiry ofthat period; or \n(c) by notice in accordance with section 11 of this Act or in any other way in \nwhich a contract is legally terminable or held to be terminated. \n(8) The termination of a contract by the death of a worker shall be without prejudice \nto the legal claims of his personal representatives or dependants." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "10", |
| "title": "Transfer to other employment", |
| "content": "(1) The transfer of any contract from one employer to another shall be subject to the \nconsent of the worker and the endorsement of the transfer upon the contract by an au\u00ad\nthorised labour officer. \n(2) Before endorsing the transfer upon the contract, the officer in question-\n(a) shall ascertain that the worker has freely consented to the transfer and that his \nconsent has not been obtained by coercion or undue influence or as a result of \nmisrepresentation or mistake; and \n(b) if by the transfer the worker will-\n(i) change his form of employment from one which is the subject of an \nexemption order made under section 8 (2) of this Act; or \n(ii) be subject to such a change of conditions as in the officer's opinion \nrenders such a course advisable, \nmay require the worker to be medically examined or re-examined, as the case may be." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "11", |
| "title": "Termination of contracts by notice", |
| "content": "Termination of contracts hy notice \n(1) Either party to a contract of employment may terminate the contract on the expi~ \nration of notice given by him to the other party of his intention to do so. \n(2) The notice to be given for the purposes of subsection (1) of this section shall be-\n(a) one day, where the contract has continued for a period of three months or less; \n(b) one week, where the contract had continued for more than three months but \nless than two years; \n(c) two weeks, where the contract has continued for a period of two years but less \nthan five years; and \n(d) one month, where the contract had continued for five years or more. \n(3) Any notice for a period of one week or more shall be in writing. \n(4) The periods of notice specified in subsection (2) of this section exclude the day \non which notice is given. \nCAP.Ll \nLabour Act \n(5) Nothing in this section affects any right of either party to a contract to treat the \ncontract as terminable without notice by reason of such conduct by the other party as \nwould have enabled him so to treat it before the making of this Act. \n(6) Nothing in this section shall prevent either party to a contract from waiving his \nright to notice on any occasion, or from accepting a payment in lieu of notice. \n(7) All wages payable in money shall be paid on or before the expiry of any period of \nnotice. \n(8) If an employer gives notice to terntinate the contract of employment of a worker \nwho has been continuously employed for three months or more, the employer shall not be \nliable under this section to make any payment in respect of a period during which the \nworker is absent from work with the leave of the employer granted at the request of the \nworker. \n(9) In the calculation of a payment in lieu of notice, only that part of the wages which \na worker receives in money, exclusive of overtime and other allowances, shall be taken \ninto account." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "12", |
| "title": "Common employment not a defence", |
| "content": "(1) It shall not be a defence to an employer who is sued in respect of personal injuries \ncaused by the negligence of a person employed by him, that that person was, at the time \nthe injuries were caused, in common employment with the person injured. \n(2) Any provisions contained in a contract of service or apprenticeship, or in an \nagreement collateral thereto (including a contract or agreement entered into before the \ncommencement of this section) shall be void in so far as it would have the effect of ex\u00ad\ncluding or limiting any liability of the employer in respect of personal injuries caused to \nthe person employed or apprenticed by the negligence of persons in common employ\u00ad\nment with him. \n(3) For the purposes of this section, the expression \"personal injuries\" includes any \ndisease and any impairment of a person's physical or mental condition arising out of his \nemployment, and \"injury\" and cognate expressions shall be construed accordingly. \nTerms and conditions of employment" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "13", |
| "title": "Hours of work and overtime", |
| "content": "(l) Normal hours of work in any undertaking shall be those fixed-\n( a) by mutual agreement; '?r \n(b) by collective bargaining within the organisation or industry concerned; or \n(c) by an industrial wages board (established by or under an enactment providing \nfor the establishment of such boards) where there is no machinery for collec\u00ad\ntive bargaining. \n(2) Hours which a worker is required to work in excess of the normal hours fixed un\u00ad\nder subsection (1) of this section shall constitute overtime. \n(3) Where a worker is at work for six hours or more a day, his work shall be inter\u00ad\nrupted (to the extent which is necessary, having regard to its character and duration and to \n[Issue 1] Ll-10\nworking conditions in general) by allowing one or more suitably spaced rest-intervals of \nnot less than one hour on the aggregate: \nProvided that-\n(a) exceptions may be made to the rule in this subsection where unforeseen cir\u00ad\ncumstances render them necessary; and \n(b) where it is found unavoidable in view of the nature of the work and the work\u00ad\ning conditions in general, time-off for a meal at the worksite or in the immedi\u00ad\nate vicinity may be substituted for the rest-interval. \n(4) In subsection (3) of this section, \"rest-interval\" means an interruption of work of \nwhich the length is fixed beforehand and during which the worker is free to dispose of his \ntime and is not required to remain at the place of work. \n( 5) Where, by reason of its connection with a mechanical process or as a result of \nother circumstances, the work involves continuous strain or is particularly trying in other \nways, the worker shall be allowed the requisite number of suitably adjusted and spaced \nbreaks in the work. \n(6) In subsection (5) of this section, \"break in the work\" means a short intermission \nin the work fixed beforehand which is ordered with a view to allowing the worker to de\u00ad\ntach himself from his work and which is not to be counted as a rest-interval or time-off \nunder subsection (3) of this section. \n(7) In every period of seven days a worker shall be entitled to one day of rest which \nshall not be less than 24 consecutive hours; if any reduction takes place in the weekly \nrest -period-\n( a) corresponding time-off from work shall be allowed as soon as possible (and in \nany case not later than fourteen days thereafter); or \n(b) wages at overtime rates shall be paid in lieu thereof." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "14", |
| "title": "Provision of transport", |
| "content": "(1) Where a worker is required to travel sixteen kilometres or more from his normal \nplace of work to another worksite he shall be entitled to free transport or an allowance in \nlieu thereof. \n(2) Where the employer provides a vehicle or vessel for the purposes of subsec\u00ad\ntion (I) of this section, he shall ensure that the vehicle or vessel is suitable, is in good \nsanitary condition and is not overcrowded." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "15", |
| "title": "Periodicity of payment of wages", |
| "content": "Wages shall become due and payable at the end of each period for which the contract \nis expressed to subsist, that is to say, daily, weekly or at such other period as may be \nagreed upon: \nProvided that, where the period is more than one month, the wages shall become \ndue and payable at intervals not exceeding one month. \n. - -~\u00b7\u00b7--\u00b7\u00b7--- .. -~.------\u00b7-\u00b7-~-~--\nCAP.Ll \nLabour Act" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "16", |
| "title": "Section 16", |
| "content": "Sick leave \nSubject to the Workmen's Compensation Act. a worker shall be entitled to be paid \nwages up to twelve working days in any one calendar year during absence from work \ncaused by temporary illness certified by a registered medical practitioner: \n[Cap. W6.] \nProvided that this section shall not apply unless-\n( a) the contract remains in existence during the period of absence and the worker \nis ready and willing to perform his part of the contract save for the incapacity \nproduced by the illness; and \n(b) the worker. if so requested by the employer, consents to be examined by a \nqualified medical practitioner nominated by the employer." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "17", |
| "title": "Duty of employer to provide work", |
| "content": "(1) Except where a collective agreement provides otherwise, every employer shall, \nunless a worker has broken his contract, provide work suitable to the worker's capacity \non every day (except rest days and public holidays) on which the worker presents himself \nand is fit for work; and, if the employer fails to provide work as aforesaid, he shall pay to \nthe worker in respect of each day on which he has so failed wages at the same rate as \nwould be payable if the worker had performed a day's work: \nProvided that-\n(a) where, owing to a temporary emergency or other circumstances beyond the \nemployer's control (the period of which shall not exceed one week or such \nlonger period as an authorised labour officer may allow in any particular case), \nthe employer is unable to provide work, the worker shall be entitled to those \nwages only on the first day of the period in question; and \n(b) this subsection shall not apply where the worker is suspended from work as a \npunishment for a breach of discipline or any other offence. \n(2) Where a worker is employed in any agricultural undertaking on a plantation on a \ncontract of service under which he earns wages calculated by reference to the number of \ndays' work performed in each month of his service, the employer shall provide the \nworker with work suitable to his capacity on not less than 24 days in each month during \nthe whole of which he is so employed; and, if the employer fails to provide work as afore\u00ad\nsaid on any of those 24 days on which the worker presents himself and is fit for work, he \nshall pay to the worker in respect of each such day wages at the same rates as would be \npayable if the worker had performed a day's work: \nProvided that, in computing 24 days for the purposes of this subsection, account \nshall not betaken of more than six days in any one week. \n(3) Any dispute between an employer and a worker as to the worker's fitness for \nwork under subsection (1) or (2) of this section may be referred to an authorised labour \nofficer, who may take such medical or other advice as he thinks appropriate and whose \ndecision shall be final. \n[lssue 1] Ll-12\nCAP.Ll \nLabour Act" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "18", |
| "title": "Annual holidays with pay", |
| "content": "(I) Every worker shall be entitled after twelve months' continuous service to a holi\u00ad\nday with full pay of-\n(a) at least six working days; or \n(b) in the case of a person under the age of sixteen years (including an apprentice). \nat least twelve working days. \n(2) The holiday mentioned in subsection (l) of this section may be deferred by \nagreement between the employer and the worker: \nProvided that the holiday-earning period shall not thereby be increased beyond 24 \nmonths' continuous service. \n(3) It shall be unlawful for an employer to pay wages in lieu of the holiday mentioned \nin subsection (1) of this section to a worker whose contract has not terminated. \n(4) A person who ceases to be employed after having completed-\n( a) less than twelve but not less than six months in the continuous employment of \nan employer; or \n(b) not less than six months in the continuous employment of an employer since \nhe last qualified for a holiday under subsection (I) of this section. \nshall be paid with respect to that period of employment an amount bearing the same pro\u00ad\nportion to full pay for one week at his normal rate as that period bears to twelve months." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "19", |
| "title": "Calculation of leave pay and sickness benefits", |
| "content": "In the calculation of leave pay and sickness benefits only that part of his wages which \na worker receives in money (excluding overtime and other allowances) shall be taken into \naccount." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "20", |
| "title": "Redundancy", |
| "content": "(I) In the event ofredundancy-\n(a) the employer shall inform the trade union or workers' representative concerned \nof the reasons for and the extent of the anticipated redundancy; \n(b) the principle of \"last in, first out\" shall be adopted in the discharge of the par\u00ad\nticular category of workers affected, subject to all factors of relative merit, in\u00ad\ncluding skill, ability and reliability; and \n(c) the employer shall use his best endeavours to negotiate redundancy payments \nto any discharged workers who are not protected by regulations made under \nsubsection (2) of this section. \n(2) The Minister may make regulations providing, generally or in particular cases, for \nthe compulsory payment of redundancy allowances on the termination of a worker's em\u00ad\nployment because of his redundancy. \n(3) In this section \"redundancy\" means an involuntary and permanent loss of em\u00ad\nployment caused by an excess of manpower. \nCAP.Ll \nLabour Act \nGeneral" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "21", |
| "title": "Offences", |
| "content": "(1) Any employer who-\n(a) enters into any agreement or contract or gives any remuneration for employ\u00ad\nment contrary to this Part or declared by this Part to be illegal or unlawful; or \n(b) makes any deduction from the wages of any worker or receives any payment \nfrom any worker contrary to this Part; or \n(c) contravenes section 6 (2), 7, 13 (3), (5) or (7), 14 or 18 (3) of this Act, \nshall be guilty of an offence and liable on conviction to a fine not exceeding N800 or, for \na second or subsequent offence, to a fine not exceeding N1,500. \n(2) Where an employer is charged with an offence under subsection (I) of this sec\u00ad\ntion-\n(a) he shall be entitled, upon information duly laid by him, to have any other per\u00ad\nson whom he charges as the actual offender brought before the court at the \ntime appointed for hearing the charge; and \n(b) if, after the commission of the offence has been proved, the employer proves to \nthe satisfaction of the court that he has used due diligence to enforce this Part \nand that the other person has committed the offence without the employer's \nknowledge, consent or connivance, the other person shall be convicted of the \noffence and the employer shall be exempted from any liability. \n(3) Where it is made to appear to the satisfaction of the Minister at the time of the \ndiscovery of an apparent offence under subsection (1) of this section-\n( a) that the employer in question has used due diligence to enforce this Part; \n(b) by what person the offence had been committed; and \n(c) that the offence has been committed without the knowledge, connivance or \nconsent of the employer, \nthe Minister shall proceed against the person whom he believes to be the actual offender \nin the first instance without first proceeding against the employer." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "22", |
| "title": "Exemptions", |
| "content": "(1) Nothing in this Part shall apply to a worker who is the father, mother, husband, \nwife, son or daughter of the employer. \n(2) Nothing in this Part of this Act shall apply to any body of persons working on any \nagreement of co-operation. \n[Issue 1] Ll-14\nLabour Act \nPART II \nRecruiting \nRecruiters and recruiting generally" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "23", |
| "title": "Prohibition of recruiting except under permit or licence", |
| "content": "Prohibition of recruiting except nnder permit or licence \nCAP.Ll \n(1) Subject to Ibis section and section 48 of this Act, no person or association shall \nrecruit any citizen for employment as a worker in Nigeria or elsewhere except in pursu\u00ad\nance of an employer's permit or recruiter's licence. \n(2) Where a worker-\n(a) is employed by an undertaking for which it is proposed !bat he should recruit \nother workers; \n(b) is formally commissioned in writing by his employer to recruit other workers \nfor !be undertaking; \n(c) does not receive any remuneration or other advantage from the recruiting; and \n(d) does not make advances of wages to the workers he recruits, \nthe Minister may waive the need for a permit or licence under subsection (1) of this sec\u00ad\ntion and issue to the worker a certificate to recruit citizens for service as workers in Nige\u00ad\nria, subject to such conditions (which shall be endorsed on !be certificate) as !be Minister \nthinks fit. \n(3) If any worker to whom a certificate has been issued under subsection (2) of this \nsection is convicted of an offence under section 46 or 47 of this Act, the Minister may \nforthwith cancel the certificate." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "24", |
| "title": "Employer's permit", |
| "content": "(1) If any person is desirous of recruiting-\n( a) for himself or any other person; or \n(b) for any association of employers; or \n(c) for a public authority; or \n(d) for the government of any country outside Nigeria, \nthe services of any citizen as a worker in Nigeria or elsewhere, he may apply in writing to \nthe Minister giving the particulars specified in subsection (2) of this section. \n(2) The particulars referred to in subsection (1) of this section are-\n( a) !be number of workers required; \n(b) the place where !be work is to be performed; \n(c) !be nature of the work; \n(d) !be wages to be paid; \n(e) !be duration of the proposed contract; and \n(f) whether or not it is desired to obtain the workers through a recruiter. \nCAP.Ll \nLabour Act \n(3) Where the work is to be performed outside Nigeria, the Minister may require the \nproduction of a letter of recommendation from the government of the place where the \nwork is to be performed certifying that the applicant is a fit and proper person to be \ngranted a permit. \n(4) Upon receipt of an application under subsection (I) of this section and, if re\u00ad\nquired, a letter of reconunendation under subsection (3) of this section, the Minister may \ngrant to the applicant a permit to engage personally or through a recruiter the number of \nworkers required (or a smaller number) within such area as may be specified in the per\u00ad\nmit. \n(5) The particulars of every pennit granted under this section shall be published in \nthe Federal Gazette, and no such permit shall remain in force for a longer period than six \nmonths from the date of issue. \n(6) It shall be an implied term of every pennit granted under this section that the \nworkers recruited shall be grouped at the place of employment under suitable ethnical \nconditions. \n(7) Except in the case of workers recruited for the service of a public authority, the \nMinister shall-\n(a) before granting a permit under this section, require security in such amount as \nhe may thiuk fit (either by way of deposit or otherwise) to be given by the em\u00ad\nployer or his agent or both-\n(i) for the payment of the wages and travelling expenses of the workers \nabout to be recruited; \n(ii) for the payment of any expenses which may be incurred by the Federal \nGovernment in respect of the workers or their families; and \n(iii) for the payment of any fine which may be imposed upon the employer \nunder this Part of this Act; and \n(b) endorse upon the permit full particulars of the security given." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "25", |
| "title": "Recruiter's licence", |
| "content": "(1) The Minister may licence fit and proper persons to recruit citizens in Nigeria for \nthe purpose of-\n( a) employment as workers outside Nigeria; or \n(b) employment as workers in Nigeria: \nProvided that any person who has been granted a licence to recruit citizens for em\u00ad\nployment outside Nigeria may also be granted a licence to recruit citizens for employ\u00ad\nment inside Nigeria. \n(2) A licence granted under this section shall be valid for a period of twelve months \nfrom the date of issue, and notification of the grant shall be published in the Federal \nGazette. \n(3) The grant of a licence under this section may be made subject to such conditions \nand restrictions as the Minister may think fit; and any such conditions or restrictions shall \nbe endorsed upon the licence. \n[Issue 1] Ll-16\nCAP.Ll \nLabour Act \n(4) Every applicant for a licence under this section shall, if so required by the Minis\u00ad\nter, furnish such financial or other security for his proper conduct as may be required. \n(5) The Minister may at any time~ \n(a) suspend a licence granted under this section pending the result of any investi\u00ad\ngation into any alleged irregularity; and \n(b) withdraw the licence if the licensee has been convicted of any offence under \nthis or any other law or has otherwise so conducted himself as in the opinion of \nthe Minister to be no longer a fit and proper person to undertake recruiting op\u00ad\nerations. \n(6) Where a licence is suspended or withdrawn under subsection (5) of this section, \nnotification of the suspension or withdrawal shall be published in the Federal Gazette." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "26", |
| "title": "Restrictions on recruiting", |
| "content": "(1) No recruiting operations shall be conducted in any area in which recruiting is \nprohibited by the Minister by order or in a labour health area. \n(2) No recniiter shall recruit workers for service with any person~ \n(a) unless that person is in possession of a valid permit granted under section 24 of \nthis Act; or \n(b) in excess of the number of workers authorised to be recruited by the permit; or \n(c) from any area or place which is not specified in the permit. \n(3) No public officer shall~ \n(a) act as a recruiting agent; or \n(b) exercise pressure upon possible recruits; or \n(c) receive from any source whatsoever any special remuneration or other special \ninducement for assistance in recruiting." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "27", |
| "title": "Recruiting: miscellaneous provisions", |
| "content": "Recruiting: miscellan~us provisions \n(I) Every recruiter shall keep in the prescribed form records from which the regular\u00ad\nity of every recruiting operation and of his own conduct can be verified and shall produce \nthe records for inspection on demand by an authorised labour officer. \n(2) No person shall assist a recruiter in a subordinate capacity in the actual recruiting \noperation unless he has been approved in writing by the Minister and has been furnished \nwith written authority by the recruiter; and, where a recruiter's assistant commits an of\u00ad\nfence under this Part of this Act, both the assistant and the recruiter shall be deemed to \nhave committed the offence and shall each be liable on conviction to the penalty therefor. \n(3) A recruiter who is the agent or assistant of another recruiter-\n(a) shall receive a fixed salary; or \n(b) with the written approval of the Minister, may receive remuneration calculated \nat a rate per capita of workers recruited, the rate being specified in the ap\u00ad\nproval. \n(4) No recruiter shall recruit any young person: \nCAP.Ll \nLabour Act \nProvided that the Minister may in writing authorise the recruitment of young per\u00ad\nsons whose apparent age exceeds sixteen years with the consent of the parents or guard\u00ad\nian for employment in an occupation appearing to the Minister not to be injurious to their \nmoral or physical development, subject to such safeguards relating to their welfare as \nmay be stated in the authorisation. \n(5) No advance in excess of a total sum of ten naira shall be paid to any recruited \nworker in respect of wages prior to his employment, and any advance which is made shall \nbe subject to such conditions as the Minister may direct generally or in respect of any \nparticular case. \n(6) In any case where a recruited worker is not engaged at or near the place of re\u00ad\ncruiting, the Minister may in his discretion require, either generally or in any specific \nrecruiting operation, the issue to the worker of a document in writing containing particu\u00ad\nlars of-\n(a) the identity of the worker; \n(b) the prospective conditions of employment; and \n(c) any advance of wages made to the worker, \nand containing such other particulars as the Minister may consider necessary. \n(7) The recruiting of the head of a family shall not be deemed to involve the recruit\u00ad\ning of any member of his family. \n(8) Where a worker's family accompanies him to his place of employment under sec\u00ad\ntion 34 or 44 of this Act, he and the members of his family shall not be separated except \nat the express request of the persons concerned." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "28", |
| "title": "Health", |
| "content": "(I) Every recruited worker shall be medically examined under section 8 of this Act. \n(2) Where a worker has been recruited for employment at a distance from the place \nof recruiting or has been recruited for employment outside Nigeria, the medical examina\u00ad\ntion shall take place as near as may be convenient to the place of recruiting or, in the case \nof workers recruited for employment outside Nigeria, at the last place of departure from \nNigeria. \n(3) The Minister may empower an authorised labour officer before whom recruited \nworkers are brought under section 33 or 39 of this Act to permit the departure prior to \nmedical examination of any such worker in whose case the officer is satisfied that-\n(a) it was and is impossible for the medical examination to take place near to the \nplace of recruiting or at the place of departure; \n(b) the worker appears fit for the journey and the prospective employment; and \n(c) the worker will be medically examined on arrival at the place of employment \nor as soon as possible thereafter. \n(4) The Minister may in his discretion (and particularly when the journey of any re\u00ad\ncruited workers is of such a duration and takes place under such conditions that the health \nof the workers is likely to be affected) require any recruited workers to be examined both \nbefore departure and after arrival at the place of employment. \n[Issue 1] Ll-18\nCAP.Ll \nLabour Act \n(5) The Minister shall ensure that all necessary measures are taken for the acclimati\u00ad\nsation and adaptation of recruited workers and for their immunisation against disease, and \nmay issue such directions in that behalf as he may think fit, either generally or in respect \nof any particular recruiting operation." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "29", |
| "title": "Transport", |
| "content": "(I) The recruiter or employer shall provide transport to the place of employment, ex\u00ad\ncept in so far as an authorised labour officer may in any particular case certify that the \nprovision of transport is impossible for the whole or any part of the journey. \n(2) The Minister shall issue such directions as he may consider necessary to ensure \nthat-\n(a) the vehicles and vessels used for the transport of recruited workers are suitable \nfor the purpose; \n(b) when it is necessary to break the journey for the night, suitable accommodation \nis provided; \n(c) in the case of long journeys all necessary arrangements are made for medical \nassistance for the recruited workers and for their welfare; \n(d) where recruited workers have to make long journeys on foot to the place of \nemployment-\n(i) the length of the daily jonrney is compatible with the health and \nstrength of the recruited workers; and \n(ii) if the extent of the movement oflabonrrenders it necessary, rest camps \nor rest houses are provided at suitable points on the main routes and are \nkept in proper sanitary condition and have the necessary facilities for \nmedical attention; and \n(e) adequate protection (whlch may include the provision of separate accommo\u00ad\ndation) is afforded during the journey to members of the family of a recruited \nworker accompanying him under section 34 or 44 of this Act. \n(3) Where recruited workers have to make long jonrneys in groups to the place of \nemployment, they shall be conveyed by a responsible person approved by an authorised \nlabour officer. \n( 4) The Minister may make regulations prescribing the conditions under which re\u00ad\ncruited workers may be transported by road, sea or air and, without prejudice to the gen\u00ad\nerality of the foregoing, any such regulations may make provision for compliance with \nNigerian immigration laws and for the recovery of any expenses incurred by the Federal \nGovernment in repatriating any worker." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "30", |
| "title": "Expenses and maintenance", |
| "content": "(1) The expense of the journey of recruited workers to the place of employment, in\u00ad\ncluding all expenses incurred for their welfare dnring the journey, shall be borne by the \nrecruiter or the employer. \n(2) The recruiter shall furnish recruited workers with everything necessary for their \nwelfare during the journey to the place of employment, including particularly, as local \nCAP.Ll \nLabour Act \ncircumstances may require, adequate and suitable supplies of food, drinking water, fuel, \ncooking utensils, clothing and blankets. \n(3) The Minister may issue directions, either generalJy or in respect of any particular \nrecruiting operation, for the proper implementation of subsection (2) of this section. \n(4) The Minister may by order apply all or any of the provisions of this section or any \ndirections issued thereunder, either generally or in any particular case, to the recruitment \nof workers under a certificate issued pursuant to selection 23 of this Act and to the \nworker-recruiter and employer concerned." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "31", |
| "title": "Repatriation", |
| "content": "( l) Any recruited worker who--\n(a) becomes incapacitated by sickness or accident during the journey to the place \nof employment; or \n(b) is found on medical examination to be unfit for employment; or \n(c) for a reason for which he is not responsible, is not engaged after being re\u00ad\ncruited; or \n(d) is found by an authorised labour officer to have been recruited by misrepresen\u00ad\ntation or mistake, \nshall be repatriated at the expense of the recruiter or employer. \n(2) Where the family of a recruited worker accompanies him under section 34 or 44 \nof this Act. sections 27 (6) and 28 of this Act (and any requirements or directions there\u00ad\nunder) shall apply to the family as nearly as may be;-and, if the worker-\n(a) is repattiated under subsection (I) of this section; or \n(b) dies during the journey to the place of employment. \nthe family shall be repattiated at the expense of the recruiter or employer." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "32", |
| "title": "Capitation fee", |
| "content": "Upon the completion of any agreement for a contract of work by a recruited worker, \nthere shall be paid to an authorised labour officer for the Federal Government by the em\u00ad\nployer or his agent in respect of the worker a capitation fee of such sum as may be fixed, \neither generally or in respect of any particular recruiting operation, by the Minister by \norder. \nRecruiting for employment in Nigeria" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "33", |
| "title": "Procedural requirements", |
| "content": "(I) No citizen recruited for employment in Nigeria shall be employed until he has-\n( a) been medically examined under section 8 of this section and passed fit to per\u00ad\nform the work for which he has been recruited; and \n(b) been brought before an authorised labour officer and certified as properly and \nduly recruited in accordance with this Part of this Act. \n[Issue 1] LJ - 20\nCAP.Ll \nLabour Act \n(2) An authorised labour officer shall, before issuing a certificate under subsec\u00ad\ntion (1) (b) of this section, satisfy himself that the contract conforms with Part I of this \nAct and that the recruited worker-\n(a) understands and agrees to the terms upon which he is to be employed; \n(b) has not been subjected to illegal pressure or recruited by misrepresentation or \nmistake; \n(c) has been recruited in accordance with this Part of this Act; \n(d) is accompanied by such members of his family as he wishes to take with him \nunder section 34 of this Act; \n(e) subject to section 27 (4) of this Act, is of or above the age of eighteen years; \nand \n(fJ has been medically examined and passed fit to perform the work for which he \nhas been recruited." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "34", |
| "title": "Right to be accompanied by family", |
| "content": "Right to be accompauied by family \n(1) Any citizen who is recruited for service in Nigeria may be accompanied to his \nplace of employment and attended during his employment there by such members of his \nfamily (not exceeding two wives and such of his children as are under the age of sixteen \nyears) as he wishes to take with him. ' \n(2) No person shall induce or attempt to induce any recruited worker not to require to \nbe accompanied by members of his family under subsection (1) of this section, or prevent \nor attempt to prevent those members from so accompanying the worker. \n(3) Notwithstanding subsection (1) of this section, the Minister may by order, either \ngenerally or in respect of any particular recruiting operation, limit the number of wives \nand children who may accompany a recruited worker." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "35", |
| "title": "Deferment of wages", |
| "content": "(1) The Minister may in his discretion allow the payment of wages due to a recruited \nworker who is engaged for employment within Nigeria to be deferred until the comple\u00ad\ntion of his contract: \nProvided that not more than one half of each month's wages shall be so deferred. \n(2) Where an employer is authorised to defer the wages of a worker under subsec\u00ad\ntion (1) of this section-\n( a) the Minister may require the employer either to deposit a sum of money by \nway of security, or to enter into a bond in such form as the Minister thinks fit \nfor the due payment of the deferred wages; and \n(b) on completion of the contract the amount of the deferred wages shall be paid to \nthe worker_ at such place and in such manner as the Minister may direct. \nLl-21 [Issue I] \n~~-- ~---- -- -----~------\nCAP.Ll \nLabour Act \nRecruiting for employment outside Nigeria" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "36", |
| "title": "Power of prohibition", |
| "content": "The President may by order prohibit the recruitment or engagement of citizens for \nemployment outside Nigeria in any territory named in the order." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "37", |
| "title": "International agreements", |
| "content": "Where there is in existence a treaty, convention or other international agreement be\u00ad\ntween Nigeria and any other country relating to the recruitment of citizens for employ\u00ad\nment outside Nigeria, the President may by order give the force oflaw to all or any of the \nprovisions of the agreement in place of or in addition to sections 38 to 44 of this Act or \nany particular provisions of those sections." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "38", |
| "title": "Duration of contract and return passages", |
| "content": "(1) The period of a foreign contract shall be in accordance with the terms of any \nagreement entered into between Nigeria and any other country for the purpose of the re\u00ad\ncruitment in Nigeria of Nigerian workers for service in the country concerned, and sub\u00ad\nject thereto, a foreign contract shall not be for a longer period than-\n( a) one year, if the worker is not accompanied by his family; or \n(b) two years, if the worker is accompanied by his family. \n(2) Within thirty days after the expiration of a foreign contract, the employer to \nwhom the employer's permit was granted under section 24 of this Act (or the agent of \nthat employer) shall offer to provide the worker with a retlllTI passage for himself and his \nfamily, if any, to the place of recruitment, together with proper accommodation and \nmaintenance on the journey. \n(3) If, while a worker under a foreign contract is on a journey or voyage-\n(a) the period expressed in his contract for the duration of the contract expires; or \n(b) he gives notice to terminate the contract, \nthe employer may prolong the contract for a period not exceeding one month for the pur\u00ad\npose of completing the journey or voyage." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "39", |
| "title": "Procedure prior to leaving Nigeria", |
| "content": "(1) No citizen shall leave Nigeria under a foreign contract to serve as a worker out\u00ad\nside Nigeria unless he has been-\n( a) medically examined under section 8 of this Act and passed fit to perform the \nwork for which he was engaged; and \n(b) brought before an authorised labour officer and certified by that officer as duly \nrecruited in accordance with this Part of this Act. \n(2) Before issuing a certificate under subsection (I) (b) of this section, an authorised \nlabour officer shall satisfy himself that-\n(a) \na valid contract for employment of the citizen has been duly entered into in \naccordance with section 40 of this Act; \nCAP.Ll \nLabour Act \n(b) the citizen has obtained-\n(i) tbe consent in writing of tbe local government authority within whose \njurisdiction he ordinarily resides signified before an administrative of\u00ad\nficer, and a certificate in writing from the administrative officer to that \neffect; or \n(ii) if the citizen does not ordinarily reside within tbe jurisdiction of a local \ngovernment authority, the consent in writing of an administrative offi\u00ad\ncer; \n(b) tbe citizen has not been subject to illegal pressure or recruited by misrepresen\u00ad\ntation or mistake; \n(c) tbe citizen has been recruited in accordance witb Ibis Part of this Act; \n(d) the citizen is of or above the proper age for recruitment in accordance with \nsection 27 ( 4) of Ibis Act; \n(e) the citizen has been medically examined under section 8 of this Act and passed \nit to perform the work for which he has been recruited. \n(3) An administrative officer shall not give a certificate or his consent under subsec\u00ad\ntion (2) (b) of Ibis section unless he is reasonably satisfied witb regard to tbe citizen con\u00ad\ncerned-\n(a) that the citizen is not abandoning wives, children or other relatives dependent \nupon him for maintenance and that due provision has been made for the main\u00ad\ntenance during the citizen's absence of any persons dependent upon him; and \n(b) that the citizen's absence from Nigeria is not obviously inconsistent with en\u00ad\ngagements into which he has previously entered or with obligations imposed \nby law, custom or usage." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "40", |
| "title": "Special terms and conditions of contra(,i", |
| "content": "Special terms and conditions of contract \n(I) Every foreign contract shall, in addition to any terms or conditions required to be \ninserted by any other provision of this Act, contain terms or conditions-\n( a) providing for workers to have one day free of work in each week; \n(b) providing for a daily ration of food to be provided free; \n(c) providing for-\n(i) rations and half pay to be given from tbe date of recruitment to tbe date \nof departure from Nigeria. and full pay and rations thereafter; and \n(ii) full pay and rations to be given on the return journey up to disembar\u00ad\nkation in Nigeria, and rations and half pay to be given from tbe point of \ndisembarkation to the place of recruitment; \n(d) providing for one half (or such other proportion as may be specified in tbe \ncontract) of his wages to be paid montbly to tbe worker direct in lawful cur\u00ad\nrency, and for the remaining portion to be remitted to an authorised labour of\u00ad\nficer in the area in which the worker was recruited for payment to the worker \non his return to his home; \n(e) giving particulars of tbe clothing, blankets. cooking utensils, fuel and housing \naccommodation to be furnished by the employer free of charge; \nCAP.Ll \nLabour Act \n(j) giving particulars of the medical attention and housing accommodation to be \nprovided by the employer free of charge; \n(g) giving particulars of the transport to be provided free to the worker from and to \nthe place of recruitment and the place of employment; \n(h) giving particulars of the arrangements to be made with regard to the provision \nof rations and the matters mentioned in paragraphs (e), (j) and (g) of this sub\u00ad\nsection to members of families authorised to accompany workers; \n(i) giving particulars of the tenus and conditions of repatriation of workers and \ntheir families and of the procedure to be followed in case of a refusal of repat\u00ad\nriation; \n(j} giving particulars of the procedure to be followed in case of the death or de\u00ad\nsertion of or other casualty to the worker, with particular reference to-\n(i) the payment of any wages due to him; \n(ii) the distribution of any moneys in the hands of an authorised labour \nofficer; and \n(iii) the reporting of the death, desertion or other casualty to the proper \nauthorities; \n(k) giving particulars of the deductions which may be made from the wages of the \nworker and the worker's rights of appeal; \n(l) giving particulars of the procedure to be followed for the dismissal of the \nworker for inefficiency arising from sickness or for any other reason, and of \nhis rights under that procedure; and \n(m) specifying the terms of re-engagement. \n(2) Every foreign contract shall be made in triplicate and entered into in the presence \nof an authorised labour officer, who shall-\n( a) upon the production to him of the employer's permit authorising the engage\u00ad\nment of the worker in question, cause the contract to be read over to the \nworker or, if the worker is unable to understand the language in which the \ncontract is written, to be translated orally into a language which is understood \nby the worker; and \n(b) if he is satisfied that the contract is fully understood and voluntarily entered \ninto by the worker, certify by endorsement on the contract that he has carried \nout the provisions of this subsection and that the worker has been duly re\u00ad\ncruited under this Part of this Act; and \n(c) enter on the employer's permit the number of workers engaged thereunder. \n(3) The Minister shall ensure that a copy of every foreign contract is transmitted as \nsoon as may be to the government of the territory in which the place of employment is \nsituated. \n(4) An authorised labour officer shall keep a register of-\n( a) the name and place of abode of every worker entering into a foreign contract \nbefore him under subsection (2) of this section; \n(b) the date and duration of the contract; \n[Issue I] L] - 24\nCAP.Ll \nLabour Act \n(c) the place of employment thereunder; \n(d) the name of the employer and his agent, if any; and \n(e) the nature of the employment, \nand the register (or a copy of any entry therein certified as a true copy by that or another \nauthorised labour officer) shall be received in any court as evidence of the facts stated \ntherein without further proof." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "41", |
| "title": "Surrender of permits", |
| "content": "Where, in relation to a foreign contract-\n( a) the full number of workers authorised by the employer's permit has been en\u00ad\ngaged; or \n(b) the period for which the permit was issued has expired, \nthe permit shall be rendered to an authorised labour officer for transmission forthwith to \nthe Minister." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "42", |
| "title": "Embarkation check", |
| "content": "Where a foreign contract is entered into before an authorised labour officer under \nsection 40 (2) of this Act-\n( a) the employer or his agent shall supply the authorised labour officer with a list \nof all the workers engaged under the contract; \n(b) the authorised labour officer shall transmit the list as soon as possible to the \nofficer in charge of police at the port of embarkation; and \n(c) the said officer in charge of police (or a police officer acting under his direc\u00ad\ntion) shall-\n(i) superintend the embarkation of the workers; \n(ii) cause each worker to report himself so that his name may be checked \nwith the list; and \n(iii) on completion of the check, report to the authorised labour officer the \nfact of completion and such other matters in connection with the em\u00ad\nbarkation as he thinks necessary." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "43", |
| "title": "Exemption from customs on repatriation", |
| "content": "The personal effects and tools belonging to workers (or members of their families) \nwho--\n(a) have left Nigeria in pursuance of a foreign contract; and \n(b) are repatriated either by the employer or his agent or by the Federal Govern\u00ad\nment, \nshall be exempt from customs duties." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "44", |
| "title": "Right to be accompanied by family at employer's expense", |
| "content": "Where a worker is recruited for employment outside Nigeria, it shall be the duty of \nthe employer to provide facilities at his own expense to enable the worker's family (not \n---------~------\u00b7---~\nCAP.Ll \nLabour Act \nexceeding two wives and such of his children under the age of sixteen years as he wishes \nto accompany him) to accompany him to the place of employment and to remain there for \nthe full duration of the contract: \nProvided that, if the contract is for less than one year, provision may be made for \nthe family to remain for less than the full duration of the contract. \nEnforcement provisions" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "45", |
| "title": "Inducing recruiting by fraud, etc", |
| "content": ". \n(I) No person shall by fraud. falsehood, intimidation, coercion or misrepresentation \ninduce any worker to enter into a contract under this Part, and any contract entered into \nby reason of any such inducement shall be void, save that the employer or his agent shall \nbe liable to pay wages due under the contract and to provide for the return to his place of \nabode of any worker engaged thereunder, together with any members of his family who \nhave accompanied him. \n(2) If the employer or his agent fails to pay the wages in question or to provide for \nthe return of the worker and the members of his family in accordance with subsection (I) \nof this section, the wages shall be paid, and the expenses of the return shall be borne, by \nthe Federal Government, and may be recovered by that government from the employer or \nhis agent by deduction from any deposit or security given under section 24 (7) of this Act \nor by civil proceedings." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "46", |
| "title": "Neglect or ill-treatment", |
| "content": "(I) Any employer who neglects or ill-treats any worker whom he has contracted to \nemploy in accordance with this Part of this Act shall be guilty of an offence, and on con\u00ad\nviction shall be liable to a fine not exceeding N500 or to imprisonment for a term not \nexceeding one year, or to both. \n(2) Where an employer or his agent is convicted of an offence under subsection (I) of \nthis section, the convicting court shall report the case to the Minister, who may by notice \nin the Federal Gazette cancel any contract into which the employer or his agent may have \nentered in accordance with this Part of this Act. \n(3) Any cancellation under subsection (2) of this section shall have effect from the \ndate of the publication of the relevant notice. \n( 4) Every worker whose contract has been cancelled under subsection (2) of this sec\u00ad\ntion shall be maintained and conveyed to his place of abode (together with any members \nof his family who have accompanied him) at the expense of the Federal Government, and \nall sums reasonably expended upon the maintenance and conveyance, together with any \nwages due to the worker under the cancelled contract, may be recovered from the em\u00ad\nployer or his agent by deduction from any deposit or security given under section 24 (7) \nof this Act or by civil proceedings. \n(5) The cancellation of a contract under this section shall not prevent the taking of le\u00ad\ngal proceedings in respect of the contract under this or any other enactment. \n[Issue 1] Ll-26\nCAP.Ll \nLabour Act" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "47", |
| "title": "Section 47", |
| "content": "Other offences \n(1) Any person who-\n( a) recruits or attempts to recruit any citizen contrary to section 23 of this Act; or \n(b) contravenes or fails to give effect to any special condition or restriction en\u00ad\ndorsed on an employer's permit granted under section 24 of this Act, or a re\u00ad\ncruiter's licence granted to him under section 25 of this Act; or \n(c) being a holder of a recruiter's licence, recruits citizens for a person who is not \na holder of an employer's permit; or \n(d) induces or attempts to induce, or assists or offers to assist, any citizen to leave \nNigeria in order to be employed as a worker outside Nigeria otherwise than \nunder a contract which conforms with section 40 of this Act; or \n(e) engages or offers or agrees to employ or to find employment for any citizen as \na worker outside Nigeria except under a contract which conforms with sec\u00ad\ntion 40 of this Act; or \n(f) fails to surrender to the Minister an employer's permit in the circumstances \nmentioned in paragraphs (a) and (b) of section 41 of this Act; or \n(g) contravenes section 26, 27,29 or 30 of this Act (or any direction issued there\u00ad\nunder), \nshall be guilty of an offence and on conviction shall be liable to a fine not exceeding \nN2,000 or to imprisonment for a period not exceeding five years, or to both. \n(2) Any employer or employer's agent who fails to offer a return passage in compli\u00ad\nance with section 38 (2) of this Act shall be guilty of an offence and on conviction shall \nbe liable to a fine not exceeding N200; and any repatriation expenses incurred by the \nFederal Government as a result of the failure may be recovered by that government from \nthe employer or employer's agent by deduction from any deposit or security given under \nsection 24 (7) of this Act or by civil proceedings." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "48", |
| "title": "Application__", |
| "content": "Application \n(1) This Part is additional to and not in derogation of Part I of this Act but shall not \napply to the recruiting of citizens for service as workers in Nigeria if the recruiting-\n( a) is undertaken by or on behalf of an employer who does not employ more than \n25 workers; or \n(b) is undertaken within a radius of forty kilometres from the place of employ\u00ad\nment, \nand is not undertaken by a professional recruiter, that is to say, a person who holds are\u00ad\ncruiter's licence. \n(2) The Minister may make regulations applying this Part of this Act (with such \nmodifications, if any, as he thinks appropriate) to labour contractors that is to say, per\u00ad\nsons who undertake to provide another party with the services of workers while them\u00ad\nselves remaining the employers of the workers in question. \nCAP.Ll \nLabour Act \nPART Ill \nSpecial classes of worker and miscellaneous special provisions \nApprentices" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "49", |
| "title": "Contracts of apprenticeship", |
| "content": "(I) The parent or, in the case of an orphan, the guardian of a young person above the \nage of twelve years and under the age of sixteen years may, with the consent of that per\u00ad\nson testified by his execution of a written contract of apprenticeship, apprentice that per\u00ad\nson to an employer to train him or have him trained systematically for a trade or em\u00ad\nployment in which art or skill is required, or as a domestic servant, for any term not ex\u00ad\nceeding five years. \n(2) Where a young person above the age of twelve years and under the age of sixteen \nyears is without known parents or a guardian, an authorised labour officer may authorise \nthe apprenticeship of that person and appoint some fit and proper person to execute the \nwritten contract of apprenticeship and act generally as guardian of that young person. \n(3) Any young person of the age of sixteen years or above not being under any con\u00ad\ntract of apprenticeship may apprentice himself for any term not exceeding five years to \nany trade or employment in which art or skill is required. \n( 4) The age of any person may, where no register of births is available, be enquired \ninto and determined by the authorised labour officer before whom a contract of appren\u00ad\nticeship is attested in accordance with section 50 of this Act; and the age so determined \nshall be conclusive for the purposes of sections 49 to 53 of this Act. \n(5) Every contract of apprenticeship may, with the consent of the parties, be assigned \nby the employer, \n(6) A magistrate's court (or, in a State where a magistrate's court has no civil juris\u00ad\ndiction, a district court) shall have power and jurisdiction to hear and determine any \nquestion arising out of a contract of apprenticeship or any dispute between any of the \nparties to such a contract, whether arising from breach of the contract or otherwise, and \nfor that purpose shall have all the powers conferred upon a magistrate's court or district \ncourt, as the case may be, by sections 80 to 85 of this Act," |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "50", |
| "title": "Attestation", |
| "content": "(1) Every contract of apprenticeship and every assignment thereof shall be in writing; \nand no such writing shall be valid unless attested by and made with the approval of an \nauthorised labour officer certified in writing under his hand on the contract or assign\u00ad\nment. \n(2) Before attesting any contract of apprenticeship, an authorised labour officer \nshall-\n(a) \nascertain that the apprentice has consented to the contract and that his consent \nhas not been obtained by coercion or undue influence or as the result of mis\u00ad\nrepresentation or mistake; and \nCAP.Ll \nLabour Act \n(b) satisfy himself that-\n(i) the apprentice has been medically examined and certified by a quali\u00ad\nfied medical practitioner to be physically and mentally fit to be em\u00ad\nployed and trained in the employment specified in the contract; \n(ii) the parties to the contract have fully understood the terms of the con\u00ad\ntract before signing it or otherwise indicating consent; \n(iii) provision has been made in the contract as to the manner in which any \nremuneration in cash or otherwise due to the apprentice shall be deter\u00ad\nmined and as to the scale of increase in remuneration during the course \nof the apprenticeship; \n(iv) provision has been made in the contract for payment of remuneration to \nthe apprentice during illness and during holidays, if any; \n(v) where the apprentice is unable by reason of his apprenticeship to return \nto his home at the end of each day, the contract contains adequate pro\u00ad\nvision to ensure that the apprentice is supplied with food, clothing, ac\u00ad\ncommodation and medical attention; and \n(vi) the terms of the contract are in accordance with any regulations made \nunder section 52 of this Act." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "51", |
| "title": "Retention of apprentice after expiry of contract", |
| "content": "If any person with whom an apprentice has been placed, retains the apprentice in his \nservice after the stipulated period of service has expired without any agreement between \nthe parties for the payment of wages, the apprentice shall be entitled to recover from the \nperson so retaining him wages at the ordinary current rate payable for service similar to \nthat performed by the apprentice," |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "52", |
| "title": "Regulations", |
| "content": "The Minister may make regulations providing for~ \n(a) the form of contracts of apprenticeship, the terms and conditions upon which \ncontracts of apprenticeship may be lawfully entered into and the duties and \nobligations of apprentices and their masters; \n(b) the registration of contracts of apprenticeship with a specified officer; \n(c) the nnmber of apprentices who may be apprenticed during a specitied period in \nany specified trade or employment; \n(d) the technical and other qualifications of employers entitling them to take and \ntrain apprentices; \n(e) the conditions governing the entry of persons over twelve and under sixteen \nyears of age into apprenticeship; \nlfJ the mutual rigbts and obligations of employer and apprentice; \n(g) the supervision to be established over apprenticeship, with a view to ensuring \nin particular that the regulations governing apprenticeship and the terms of any \ncontract of apprenticeship are observed, that the training is satisfactory and \nthat there is reasonable uniformity in the conditions of apprenticeship; and \n- ---------------\nCAP.Ll \nLabour Act \n(h) the holding of examinations of apprentices on the expiry of the period of ap\u00ad\nprenticeship and, where necessary, in the course of apprenticeship, determin\u00ad\ning the methods of organising the examinations and the issue of certificates \nbased on the results thereof." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "53", |
| "title": "Offences", |
| "content": "(1) Any person who removes or attempts to remove any apprentice who is above the \nage of twelve years and under the age of sixteen years from Nigeria without the authority \nin writing of the Minister shall be guilty of an offence and on conviction shall be liable to \na fine not exceeding #500 or to imprisonment for a period not exceeding one year, or to \nboth. \n(2) Any person who employs an apprentice for more than six months on a contract \nwhich has not been attested under section 50 of this Act or induces or attempts to induce \nany apprentice to quit the service of his employer shall be guilty of an offence and on \nconviction shall be liable to a fine not exceeding N200 or to imprisonment for a period \nnot exceeding six months, or to both. \nEmployment of women" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "54", |
| "title": "Maternity protection", |
| "content": "(!) In any public or private industrial or commercial undertaking or in any branch \nthereof, or in any agricultural undertaking or any branch thereof, a woman-\n( a) shall have the right to leave her work if she produces a medical certificate \ngiven by a registered medical practitioner stating that her confinement will \nprobably take place within six weeks; \n(b) shall not be perntitted to work during the six weeks following her confinement; \n(c) if she is absent from her work in pursuance of paragraph (a) or (b) of this sub\u00ad\nsection and had been continuously employed by her then employer for a period \nof six months or more immediately prior to her absence, shall be paid not less \nthan fifty per cent of the wages she would have earned if she had not been ab\u00ad\nsent; and \n(d) shall in any case, if she is nursing her child, be allowed half an hour twice a \nday during her working hours for that purpose. \n(2) Subsection (!) (c) of this section shall have effect notwithstanding any law relat\u00ad\ning to the fixing and payment of a minimum wage. \n(3) No employer shall be liable, in his capacity as an employer, to pay any medical \nexpenses incurred by a woman during or on account of her pregnancy or confinement. \n( 4) Where a woman-\n( a) is absent from her work in pursuance of subsection(!) (a) or (b) of this sec\u00ad\ntion; or \n(b) remains absent from her work for a longer period as a result of illness certified \nby a registered medical practitioner to arise out of her pregnancy or confine\u00ad\nment and to render her unfit for work, \n[Issue I] Ll - 30\nCAP.Ll \nLabour Act \nthen, until her absence has exceeded such a period (if any) as may be prescribed, no em\u00ad\nployer shall give her notice of dismissal during her absence or notice of dismissal expir\u00ad\ning during her absence. \n(5) In subsection (1) (d) of this section, \"child\" includes both a legitimate and an il\u00ad\nlegitimate child." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "55", |
| "title": "Night work", |
| "content": "(1) Subject to this section, no woman shall be employed on night work in a public or \nprivate industrial undertaking or in any branch thereof, or in any agricultural undertaking \nor any branch thereof. \n(2) Subsection (1) ofthis section shall not apply to women employed as nurses in any \npublic or private industrial undertaking or in any agricultural undertaking, nor to women \nholding responsible positions of management who are not ordinarily engaged in manual \nlabour; and in any proceedings brought under or in connection with the said subsec\u00ad\ntion (1) of this section, it shall be a good defence if it is shown to the satisfaction of the \ncourt trying the proceedings that-\n(a) the night work in question was due to an interruption of work which it was \nimpossible to foresee and which is not of a recurring character; or \n(b) the night work in question had to do with raw material or materials in course of \ntreatment which are subject to rapid deterioration, and it was necessary to pre\u00ad\nserve such materials from certain loss. \n(3) In this section, \"night\" means-\n(a) as respects industrial undertakings, a period of at least eleven (or, where an \norder under subsection ( 4) below applies, ten) consecutive hours, including the \ninterval between ten o'clock in the evening and five o'clock in the morning; \nand \n(b) as respect agricultural undertakings, a period of at least nine consecutive hours \nincluding the interval between nine o'clock in the evening and four o'clock in \nthe morning. \n( 4) The Minister may by order permit the eleven-hour period mentioned in subsec\u00ad\ntion (3) (a) of this section to be reduced to ten hours on not more than sixty days in any \none year in respect of any industrial undertaking if he is satisfied that the nndertaking is \ninfluenced by the seasons of the year or that the reduction is necessary because of special \ncircumstances. \n(5) The Minister may by order exclude from the application of this section, those \nwomen covered by a collective agreement in force which permits night work for women, \nbut before making such an order the Minister shall satisfy himself that adequate provision \nexists for the transportation and protection of the women concerned." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "56", |
| "title": "Underground work", |
| "content": "Undergronnd work \n(1) Subject to subsection (2) of this section, no woman shall be employed on under\u00ad\nground work in any mine. \nCAP.Ll \nLabour Act \n(2) Subjection (1) ofthis section shall not apply to-\n( a) women holding positions of management who do not perform manual labour; \nor \n(b) women employed in health and welfare services; or \n(c) women who in course of their studies spend a period of training in under\u00ad\nground parts of a mine; or \n(d) any other women who may occasionally have to enter the underground parts of \na mine for the purposes of a non-manual occupation." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "57", |
| "title": "Regulations", |
| "content": "The Minister may make regulations prohibiting or restricting, subject to such condi\u00ad\ntions as may be specified in the regulations, the employment of women in any particular \ntype or types of industrial or other undertakings or in any process or work carried on by \nsuch undertakings." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "58", |
| "title": "Offences", |
| "content": "(1) Any person, who, being the proprietor, owner or manager of any industrial, com\u00ad\nmercial or agricultural undertaking, contravenes any provision of section 54 of this Act \nshall be guilty of an offence and on conviction shall be liable to a fine not exceeding \nN200 or to imprisonment for a term not exceeding three months, or to both. \n(2) Any person who employs a woman in contravention of section 55 (I) or 56 (1) of \nthis Act shall be guilty of an offence and on conviction shall be liable to a fine not ex\u00ad\nceeding NlOO or to imprisonment for a term not exceeding one month, or to both. \nYoung persons" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "59", |
| "title": "General", |
| "content": "(1) No child shall-\n(a) be employed or work in any capacity except where he is employed by a mem\u00ad\nber of his fantily on light work of an agricultural, horticultural or domestic \ncharacter approved by the Minister; or \n(b) be required in any case to lift, carry or move anything so heavy as to be likely \nto injure his physical development. \n(2) No young person under the age of fifteen years shall be employed or work in any \nindustrial undertaking: \nProvided that this subsection shall not apply to work done by young persons in \ntechnical schools or similar institutions if the work is approved and supervised by the \nMinistry of Education (or corresponding department of government) of a State. \n(3) A young person under the age of fourteen years may be employed only-\n( a) on a daily wage; \n(b) on a day-to-day basis; and \n[Issue I] Ll - 32\nCAP.Ll \nLabour Act \n(c) so long as he returns each night to the place of residence of his parents or \nguardian or a person approved by his parents or guardian: \nProvided that, save as may he otherwise provided by any regulations made under \nsection 65 of this Act, this subsection shall not apply to a young person employed in do\u00ad\nmestic service. \n( 4) No young person under the age of sixteen years shall be employed in circum\u00ad\nstances in which it is not reasonably possible for him to return each day to the place of \nresidence of his parent or guardian except-\n( a) with the approval of an authorised labour officer; and \n(b) on a written contract (which, notwithstanding any law to the contrary, shall not \nbe voidable on the ground of incapacity to contract due to infancy) conforming \nwith Part I of this Act: \nProvided that, save as may be otherwise provided by any regulations made under \nsection 65 of this Act, this subsection shall not apply to a young person employed in do\u00ad\nmestic service. \n(5) No young person under the age of sixteen years shall be employed-\n( a) to work underground; or \n(b) on machine work; or \n(c) on a public holiday. \n(6) No young person shall be employed in any employment which is injurious to his \nhealth, dangerous or immoral; and, where an employer is notified in writing by the Min\u00ad\nister (either generally or in any particular case) that the kind of work upon which a young \nperson is employed is injurious to the young person's health, dangerous, immoral or oth\u00ad\nerwise unsuitable, the employer shall discontinue the employment without prejudice to \nthe right of the young person to be paid such wages as he may have earned up to the date \nof discontinuance. \n(7) No person shall continue to employ any young person under the age of sixteen \nyears after receiving notice either orally or in writing from the parent or guardian of the \nyoung person that the young person is employed against the wishes of the parent or \nguardian: \nProvided that this subsection shall not apply to a young person employed under a \nwritten contract entered into with the approval of an authorised labour officer. \n(8) No young person under the age of sixteen years shall be required to work for a \nlonger period than four consecutive hours or permitted to work for more than eight \nworking hours in one day: \nProvided that, save as may be otherwise provided by any regulations made under \nsection 65 of this Act, this subsection shall not apply to a young person employed in do\u00ad\nmestic service." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "60", |
| "title": "Night work", |
| "content": "(1) Subject to this section, no young person shall be employed during the night. \n----------\nCAP.Ll \nLabour Act \n(2) Young persons over the age of sixteen years may be employed during the night in \nthe following industrial undertakings or activities which by reason of the nature of the \nprocess are required to be carried on continuously day and night, that is to say-\n( a) in the manufacture of iron and steel, in processes in which reverberatory or \nregeneratory furnaces are used and in the galvanising of sheet metal or wire \n(except the pickling process); \n(b) glass works; \n(c) manufacture of paper; \n(d) manufacture ofraw sugar; and \n(e) gold mining reduction work. \n(3) Young persons over the age of sixteen may be employed during the night in cases \nof emergency which-\n( a) could not have been controlled or foreseen; \n(b) are not of a periodical character; and \n(c) interfere with the normal working of an industrial undertaking. \n(4) In this section, \"night'' means a period of at least twelve consecutive hours, in\u00ad\ncluding-\n(a) in the case of young persons under the age of sixteen years, the interval be\u00ad\ntween ten o'clock in the evening and six o'clock in the morning; and \n(b) in the case of young persons over the age of sixteen years but under the age of \neighteen years, a prescribed interval of at least seven consecutive hours falling \nbetween ten o'clock in the evening and seven o'clock in the morning. \n(5) For the purposes of subsection (4) (b) of this section, the Minister may prescribe \ndifferent intervals for different areas, industries, undertakings or branches of industries or \nundertakings, but shall consult the employers' and workers' associations or organisations \nconcerned before prescribing an interval beginning after eleven o'clock in the evening." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "61", |
| "title": "Shipping", |
| "content": "(I) No young person under the age of fifteen years shall be employed in any vessel, \nexcept where-\n(a) the vessel is a school or training vessel and the work on which the young per\u00ad\nson is employed is-\n(i) work of a kind approved by the Minister; and \n(ii) supervised by a public officer or by a public department; or \n(b) only members of the young person's family are employed. \n(2) No young person shall be employed in a vessel as a trimmer or stoker: \nProvided that, where a trimmer or stoker is required in a place in which only young \npersons are available, young persons of and over the age of sixteen years may be em\u00ad\nployed in that capacity, so however that two such young persons shall be engaged and \nemployed in the place of each trimmer or stoker required. \n[Issue 1] Ll-34\nCAP.Ll \nLabour Act \n(3) No young person shall be employed in any vessel other than a vessel in which \nonly persons of his family are employed unless he is in possession of a certificate signed \nby a registered medical practitioner to the effect that he is fit for the employment or work; \nand, where such a certificate is issued, then-\n( a) subject to paragraph (b) of this subsection, the certificate shall be valid for one \nyear from the date of issue, or, if it would otherwise expire in the course of a \nvoyage, until the end of the voyage in question; and \n(b) the certificate may at any time be revoked by a qualified medical practitioner if \nhe is satisfied that the young person is no longer fit for the employment or \nwork. \n(4) There shall be included in every agreement with the crew of a vessel a list of \nyoung persons who are members of the crew, together with particulars of the dates of \ntheir births; and, in the case of a vessel in which there is no such agreement, the master \nshall keep a register (which shall at all times be open to inspection by an authorised la\u00ad\nbour officer or customs officer) of such young persons as may be employed in the vessel \nwith particulars of the dates of their births and the dates on which they became or ceased \nto be members of the crew. \n(5) In this section-\n\"customs officer\" means any person employed in the Nigeria Customs Service, or for \nthe time being performing duties in relation to customs and excise; \n''vessel'' includes floating craft of every description except ships of war." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "62", |
| "title": "Register of young persons in industrial undertakings", |
| "content": "Every employer of young persons in an industrial undertaking shall keep a register of \nall young persons in his employment with particulars of their ages, the date of employ\u00ad\nment and the conditions and nature of their employment and such other particulars as \nmay be prescribed, and shall produce the register for inspection when required by an \nauthorised labour officer." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "63", |
| "title": "Regulations", |
| "content": "Regnlations \nThe Minister may make regulations-\n( a) exempting any occupation which forms part of an industrial undertaking from \nall or any of the provisions of sections 59 to 62 of this Act or any regulations \nmade under this section; \n(b) providing for the registration and identification of young persons; \n(c) prescribing the records to be kept and the returns to be made by employers of \nyoung persons; \n(d) further restricting the employment of young persons in specified occupations; \n(e) prescribing additional conditions upon which young persons may be engaged \nor employed; and \n(j) making further provision for the care of young persons by employers. \nCAP.Ll \nLabour Act" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "64", |
| "title": "Offences", |
| "content": "(!) Any person who employs a young person in contravention of sections 59 to 62 of \nthis Act or any regulations made under section 63 of this Act, the proprietor, owner and \nmanager of any undertaking in which a young person is so employed and any parent or \nguardian of a young person who permits the young person to be so employed shall be \nguilty of an offence and on conviction shall be liable to a fine not exceeding N!OO. \n(2) If, in the case of a charge for an offence under subsection (I) of this section it is \nalleged by the person conducting the prosecution that the person in respect of whom the \noffence was committed was under the age of twelve, fourteen, fifteen, sixteen or eighteen \nyears at the date of commission of the alleged offence, the magistrate or other person pre\u00ad\nsiding at the hearing shall, after such enquiry as he may think necessary and after hearing \nany evidence that inay be tendered by any party to the proceedings, determine the age of \nthe young person; and any such determination shall be final. \nDomestic service" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "65", |
| "title": "Regulations", |
| "content": "The Minister may make regulations providing for-\n(a) the engagement, repatriation or supervision of domestic servants; \n(b) the employment of women and young persons as domestic servants; \n(c) the housing accommodation and sanitary arrangements of domestic servants; \nand \n(cl) the conditions of domestic service generally. \nLabour health areas" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "66", |
| "title": "Labour health areas", |
| "content": "Where the Minister is satisfied that an industrial or agricultural undertaking is situated \nin an area which, having regard to the exiting medical and health conditions and facilities, \nwater supplies and communications, is remote and isolated, he may by order declare the \narea a labour health area; and, during the period of employment of any worker in a labour \nhealth area, the employer shall provide such facilities and make such arrangements as \nmay be specified by regulations made under section 67 of this Act, and shall otherwise \ncomply with the requirements of any such regulations." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "67", |
| "title": "Regulations", |
| "content": "The Minister, in respect of labour health areas or any particular labour health area, \nmay make regulations for-\n(a) the planning and layout of towns and villages; \n(b) the construction of streets, lanes, buildings, markets, open places, drains, la\u00ad\ntrines, incinerators, wells and tanks; \n(c) the provision of housing accommodation for workers, the provision of sanitary \narrangements for, and the inspection of, that accommodation, and the limita\u00ad\ntion of the number of persons or class of persons who may reside in any house; \n[Issue I] LI ~ 36\nCAP.Ll \nlAbour Act \n(d) the supply of water, food and fuel; \n(e) the examination of workers by medical officers, that is to say, registered medi\u00ad\ncal practitioners in the service of a public authority or other registered medical \npractitioners authorised as medical officers by the Minister for the purposes of \nthis paragraph; \n(j) the measures to be taken to prevent the introduction or spreading of infectious \nand contagious diseases; \n(g) the compulsory employment of qualified medical practitioners by employers; \n(h) the compulsory erection and proper staffing, control and equipping of hospitals \nby employers and, in default thereof, the recovery from employers of the cost \nof medical attendance provided by the Federal Government and of the erection \nand maintenance of any hospitals erected by that government; \n(i) requiring employers to make arrangements with hospital authorities for the \nmedical and surgical treatment of their workers (including, where necessary, \naccommodation and food in hospital) and to provide any necessary transport \nfor sick or injured workers; \n(j) prescribing-\n(i) the matters for which the arrangements mentioned in the preceding \nparagraph shall provide; \n(ii) the officer by whom those arrangements are to be approved; and \n(iii) the charges which may be made by the hospital authority and the pe\u00ad\nriod (not exceeding six weeks) for which the employer shall be liable \nfor those charges; \n(k) the keeping of medical auendance registers; \n(l) the furnishing of returns of-\n(i) the numbers of workers employed either above or below ground and \nthe nature of their employment; \n(ii) casualties by way of injury, disease or death; and \n(iii) such other matters as the Minister may consider necessary to ensure \nthat the health and welfare of workers are properly attended to; \n(m) prescribing fees to be paid for any matter or thing to be done under the regula\u00ad\ntions; \n(n) prescribing-\n(i) penalties for offences under the regulations not exceeding a fine of \nN 1 ,500 or imprisonment for a term of two years, or both; and \n(ii) additional penalties for continuing offences not exceeding in the aggre\u00ad\ngate a fine of N 1,500 or imprisonment for a term of two years, or both; \nand \n(o) where any structure is built, renewed, reconstructed or altered in contravention \nof the regulations-\n(i) providing for the service of notice of the contravention on the offend\u00ad\ning person; \nLl-37 [Issue 11\nCAP.Ll \nLabour Act \n(ii) enabling a specified officer or authority, in default of remedial action \nbeing taken in consequence of the notice, to enter the relevant premises \nand take such remedial action as he considers necessary; and \n(iii) providing for the recovery of any expenses incurred by the officer or \nauthority in doing so. \nRegistration, employment exchanges, etc." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "68", |
| "title": "Registration of employers", |
| "content": "(I) The Minister may make regulations for the registration of employers. \n(2) Regulations made under this section may-\n( a) provide for the registration of employers (or specific classes of employers) \ngenera11y or in specific areas to be prescribed in the regulations; \n(b) prescribe the manner of. and conditions for, registration and the person by \nwhom and the manner in which the register is to be maintained; \n(c) prescribe the circumstances in which employers may be refused registration or \nstruck off the register; \n(d) without prejudice to the generality of paragraph (c) of this subsection, provide \nfor employers to be refused registration or to be struck off the register, as the \ncase maybe, if they fail to comply with conditions specified in the regulations; \n(e) prohibit the employment of citizens as workers by unregistered employers; \n(j) impose penalties for contraventions of the regulations not exceeding a fine of \n=Nl,SOO or imprisonment for a term of two years. or both; and \n(g) contain such incidental or related provisions as the Minister thinks necessary \nor expedient." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "69", |
| "title": "Labour schemes", |
| "content": "(I) Where the Minister has agreed with the representatives of the employers' and \nworkers' organisations within an industry or area as to the desirability of establishing a \nscheme for labour within that industry or area, he may make an order, if he thinks fit, in \nrespect of the industry or area in question. \n(2) Where an order is made under subsection (I) of this section in respect of an in\u00ad\ndustry or area-\n( a) it shall be the duty of every employer who is engaged in the industry or ordi\u00ad\nnarily has a place of business in the area, as the case may be, to apply for reg\u00ad\nistration in accordance with any regulations made under subsection (5) of this \nsection; \n(b) every industrial worker under the age of 55 years who is employed in the in\u00ad\ndustry or, as the case may be, is ordinarily resident in the area, shall be liable \nto compulsory registration under those regulations if an order is made in re\u00ad\nspect of him under paragraph (c) of this subsection; \n(c) the Minister may by order require any class or classes of industrial workers \nto whom paragraph (b) of this subsection applies to present themselves for \n[Issue l] Ll - 38\nCAP.Ll \nLabour Act \nregistration in such manner, at such place and within such times as may be \nspecified in the order; and \n(cfJ the Minister may by order forbid such employers as are mentioned in para\u00ad\ngraph (a) of this subsection (or any specified class thereof)-\n(i) to carry on business in the industry or area, as the case may be, unless \nthey are registered accordingly; or \n(ii) to employ industtial workers (or any specified class thereof) in the in\u00b7 \ndustry or area, as the case may be, unless the workers are registered ac\u00ad\ncordingly. \n(3) An authorised labour officer, where he is satisfied that an employer who has not \napplied for registration in pursuance of subsection (2) (a) of this section is a person who \nought to have done so, may by notice in writing call upon the employer to apply accord\u00ad\ningly. \n(4) For the purposes of subsection (2) (b) of this section an industrial worker-\n(a) shall be presumed to be under the age of 55 years unless he satisfies an \nauthorised labour officer to the contrary; and \n(b) if he is present in an area to which an order made under subsection (1) of this \nsection applies, shall be presumed to be ordinarily resident in that area unless \nhe satisfies an authorised labour officer that he is residing there for some tem\u00ad\nporary purpose on! y. \n(5) The Minister may make regulations for the purposes of this section-\n( a) establishing offices for the registration of employers and industrial workers; \n(b) prescribing forms of application for registration and certificates of registration, \nand such other forms as may be needed for the purposes of the regulations; \n(c) providing for the issue of certificates of registration and their replacement if \nlost or destroyed; \n(cf) prescribing the particulars to be furnished on application for registration and \non registration; \n(e) prescribing the duties of registered persons and others in respect of certificates \nof registration; and \n(j) prescribing fees and providing generally for registration under this section." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "70", |
| "title": "Employment exchanges", |
| "content": "Employment exchange \nThe Minister may make regulations-\n( a) authorising the establishment of registration offices, to be known as employ\u00ad\nment exchanges, at which industrial workers may attend for registration and \nmake application for employment and to which employers may notify vacan\u00ad\ncies; \n(b) providing for the issue of certificates of registration and identity to registered \nindustrial workers and the replacement, on payment of such fee as may be pre\u00ad\nscribed, of any such certificates when lost or destroyed; \n(c) prescribing the particulars to be furnished on registration; \nCAP.Ll \nLabour Act \n(d) providing for the taking of photographs and fingerprints of registered industrial \nworkers as a means of identification; \n(e) regulating or restricting the numbers of registered industrial workers em\u00ad\nployed, either generally or in specified businesses or undertakings; \n(j) prescribing the duties of registered persons and others in respect of certificates \nof registration and identity; \n(g) requiring employers in such occupations as may be specified to furnish returns \nof such matters relating to the employment of workers as may be specified; \nand \n(h) prescribing fees to be charged under the regulations." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "71", |
| "title": "Fee-charging employment agencies", |
| "content": "( 1) No person shall establish or operate a fee-charging employment agency save with \nthe written consent of the Minister. \n(2) The Minister may make regulations providing for the supervision and control of \nfee-charging employment agencies and prescribing the scale of fees which they may \ncharge. \n(3) In this section, ''fee-charging employment agency\" means-\n(a) an agency conducted by any person who acts as an intermediary for the pur\u00ad\npose of procuring employment for a worker or supplying a worker to an em\u00ad\nployer with a view to deriving either directly or indirectly any pecuniary or \nother material advantage from either employer or worker; or \n(h) an agency for conducting the placing services of any company, institution, \nagency or other organisation which, although the agency is not conducted with \na view to obtaining any pecuniary or other material advantage, levies from ei\u00ad\nther employer or worker for those services an entrance fee, a periodical contri\u00ad\nbution or any other charge, \nbut excludes any organisation for the production of newspapers (or other publications) \nwhich are not produced wholly or mainly for the purpose of acting as intermediaries be\u00ad\ntween employers and workers." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "72", |
| "title": "Offences", |
| "content": "(I) Any person who with intent to deceive-\n(a) \n(b) \n(c) \n(d) \n(e) \n({) \ngives any false particulars for the purpose of section 69 (1) to ( 4) of this Act or \nany regulations made under section 69 (5) or 70 of this Act; or \nforges a registration certificate of the kind provided for in any such regula\u00ad\ntions; or \nuses a forged certificate of that kind; or \nlends to or allows to be used by another person a certificate of that kind; or \nmakes or has in his possession any document so closely resembling a certifi\u00ad\ncate of that kind as to be calculated to deceive; or \nuses or displays a certificate of that kind which has not been issued to him, \nLl -40\nCAP.Ll \nLabour Act \nshall be guilty of an offence aud on conviction shall be liable to a fine not exceeding \nN1,000 or to imprisonment for a term not exceeding one year, or to both. \n(2) Any employer or industrial worker who contravenes section 69 (2) of this Act, \nauy employer who fails to comply with a notice under section 69 (3) of this Act aud auy \nperson who contravenes section 71 (I) of this Act shall be gnilty of an offence aud on \nconviction shall be liable to a fme not exceeding NSOO or to imprisonment for a term not \nexceeding six months, or to both: \nProvided that, in any proceedings under this section for such a contravention or for \na failure to comply with such a notice, it shall be a defence for the accused to prove that \nthe contravention or failure was due to circumstances beyond his control. \n(3) In any proceedings under this section in relation to an industry or area, it shall be \npresumed, until the contrary is proved, that the accused-\n( a) if he is an employer, is engaged in the industry or ordinarily has a place of \nbusiness in the area, as the case may be; and \n(b) if he is au industrial worker, is under the age of fifty-five years aud is engaged \nin the industry or ordinarily resident in the area, as the case may be. \nForced labour" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "73", |
| "title": "Prohibition of forced labour", |
| "content": "(1) Any person who requires any other person, or permits any other person to be re\u00ad\nquired, to perform forced labour contrary to section 34 (I) (c) of the Constitution of the \nFederal Republic of Nigeria 1999, shall be guilty of an offence and on conviction shall be \nliable to a fine not exceeding Nl,OOO or to imprisonment for a term not exceeding two \nyears, or to both. \n[Cap. C23.] \n(2) Any person who, being a public officer, puts any constraint upon the population \nunder his charge or upon any members thereof to work for any private individual, asso\u00ad\nciation or company shall be guilty of an offence and on conviction shall be liable to a fine \nnot exceeding N200 or to imprisonment for a term not exceeding six months, or to both. \n7 4. Labour required in emergencies and for communal obligations \n(I) The Minister may make regulations regulating the requisition of labour of the \nkind defined in section 34 (2) (c) aud (dJ and (e) (i) of the Constitution of the Federal \nRepublic of Nigeria 1999 (that is to say, labour required in the event of any emergency or \ncalamity threatening the life or wellbeing of the community, and labour that forms part of \nnormal communal or other civil obligations). \n[Cap. C23.] \n(2) Regulations made under subsection (I) of this section-\n( a) may specify for an offence under the regulations (including a failure or refusal, \nwithout reasonable cause, to render labour lawfully required thereunder) a fine \nnot exceeding N200 or imprisonment for a period not exceeding six months, or \nboth, aud as a daily penalty a fine not exceeding N10 or imptisonment for a \nterm not exceeding seven days, or both; and \nLl-41 [Issue 1}\nCAP.Ll \nLabour Act \n(b) may add to, amend or repeal subsections (3) to (6) of this section. \n(3) Subject to this section, the prescribed authority may require the inhabitants of any \ntown or village subject to its jurisdiction to provide labour for any of the following pur\u00ad\nposes-\n(a) the construction and maintenance of buildings used for communal purposes, \nincluding markets but excluding juju houses and places of worship; \n(b) sanitary measures; \n(c) the construction and maintenance of local roads and paths; \n(d) the construction and maintenance of town or village fences; \n(e) the construction and maintenance of communal wells~ and \n(f) other communal services of a similar kind in the direct interest of the inhabi\u00ad\ntants of the town or village. \n(4) No labour shall be required under subsection (3) of this section unless-\n( a) the inhabitants of the town or village or their direct representatives have been \npreviously consulted by the prescribed authority with regard to the need for the \nproposed service; and \n(b) a majority of the inhabitants or representatives, as the case may be, has agreed \nto the requiring of the labour. \n(5) In subsections (3) and (4) of this section \"town or village\" excludes a township \nbut includes any area (other than a township) declared by the Minister by order to be a \ntown or village for the purposes of this section. \n(6) Any person who does not wish to execute his share of any labour required under \nsubsection (3) of this section may be excused from doing so on payment to the prescribed \nauthority of such sum per day, while the labour is being done, as represents the current \ndaily wage for unskilled labour. \n(7) Nothing in this section shall be taken to authorise the exaction from any person of \nany work or service for which that person does not offer himself voluntarily where apart \nfrom this section the exaction of that work or service would be illegal. \nPART IV \nSupplemental \nRecords and returns" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "75", |
| "title": "Records", |
| "content": "(1) It shall be the duty of every employer to keep such records of wages and condi\u00ad\ntions of employment as are necessary to show that this Act is being complied with. \n(2) Without prejudice to the generality of subsection (I) of this section, every em\u00ad\nployer shall keep in respect of each of his workers to whom a statement has been given \nunder section 7 of this Act, a record showing-\n( a) the name and address of the worker; \n[Issue 1] L! -42\nCAP.Ll \nLabour Act \n(b) his town (or other place) of origin; \n(c) the date of his birth; \n(tf) the name and address of his next of kin; \n(e) the date and place of his engagement; \n(j) his Nigerian Sociallnsnrance Trust Fund number; and \n(g) the date of cessation of employment. \n(3) Records kept pnrsuant to subsections (!) and (2) of this section shall be retained \nfor three years after the time to which they refer. \n(4) Any employer who-\n(a) knowingly and with intent to avoid compliance with any provision of this Act, \nomits to keep any or any sufficient record of any particular wages or condi\u00ad\ntions of employment; or \n(b) fails to comply with subsection (2) or (3) of this section, \nshall be guilty of an offence and on conviction shall be liable to a fine not exceeding \nN200." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "76", |
| "title": "Returns", |
| "content": "(1) The Minister may require returns and statistics, whether periodical or otherwise, \nto be furnished by employers as to the number of persons employed by them in any par\u00ad\nticular class of employment and as to the rates of remuneration and other conditions in \nthat or any other class of employment. \n(2) Any employer who fails to furnish any returns or statistics which he is required to \nfurnish under subsection (I) of this section shall be gnilty of an offence and on conviction \nshall be liable to a fine not exceeding N200. \nAdministration" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "77", |
| "title": "Authorised labour officers", |
| "content": "(I) The Minister may by writing under his hand authorise-\n(a) any public officer serving in a ministry or department for which the Minister is \nresponsible; and \n(b) with the consent of the State Authority, any officer in the public service of a \nState, \nto be an authorised labour officer for the purposes of this Act. \n(2) An authorisation under subsection (I) of this section may-\n( a) as regards the officer authorised, be made by name or by office; \n(b) relate to the whole of the Federation or any specified part or parts thereof; and \n(c) relate to the whole of this Act or any specified provision or provisions thereof. \n(3) No authorised labonr officer, except in so far as is necessary for the purposes of \na complaint or prosecution under this Act, shall publish or disclose to any person the \nLl-43 [Issue I]\nCAP.Ll \nLabour Act \ndetails of any manufacturing, commercial or working process which may come to his \nknowledge in the course of his duties. \n(4) An authorised labour officer shall treat as absolutely confidential the source of \nany complaint alleging a contravention of this Act, and where he visits an employer's \npremises in consequence of such a complaint, shall give no indication to the employer or \nthe employer's representative that the visit was made in consequence of the complaint." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "78", |
| "title": "Powers of authorised labour officers", |
| "content": "(1) In addition to any other powers conferred by this Act, an authorised labour officer \nmay for the purpose of facilitating or ensuring the proper operation of this Act-\n(a) enter, inspect and examine by day or night any labour encampment, farm, fac\u00ad\ntory or other land or workplace whatsoever (and every part thereof) if he has \nreasonable cause to believe that any worker is employed therein or thereon; \n(b) enter, inspect and examine by day any premises provided by an employer in \nwhich he has reasonable cause to believe that workers are living; \n(c) enter, inspect and examine any hospital building, sanitary convenience, mess\u00ad\nroom or water supply provided for or used by workers; \n(d) take with him a police officer if he has reasonable cause to apprehend any se~ \nrlous obstruction in the execution of his functions; \n(e) require the production of any registers, certificates, notices or other documents \nkept in pursuance of this Act and inspect, examine and copy any of them; \n(f) make such examination and enquiry as may be necessary to ascertain whether \nthe provisions of this Act are being complied with, so far as respects any la\u00ad\nbour encampment, farm, factory or other land or workplace whatsoever and \nany person employed therein or thereon; \n(g) inspect and exantine all food provided for the use of workers and take samples \nthereof, so however that-\n(i) any sample taken in pursuance of this paragraph shall be taken in du~ \nplicate in the presence of the employer of the workers (or, if the em~ \nplayer is not readily available, in the presence of a foreman or other re\u00ad\nsponsible person) and shall be labelled and sealed in the presence of \nthe employer, foreman or other responsible person; and \n(ii) one sample so labelled and sealed shall be left with the employer, \nforeman or other responsible person; \n(h) take or remove for the purpose of analysis samples of materials and substances \nused or handled by workers from premises not covered by the Factories Act, \nsubject to the employer or his representative being notified and given an op\u00ad\nportunity to be present when the samples are taken; \n[Cap. Fl.] \n(i) interrogate, either alone or in the presence of another person as he thinks fit, \nwith respect to matters to which this Act relates, any person whom he finds in \nor on any labour encampment, farm, factory or other workplace whatsoever or \nwhom he has reasonable cause to believe to have been within the preceding \nthree months employed in or on any labour encampment, farm, factory or other \n[Issue ll Ll - 44\nCAP.Ll \nLabour Act \nland or workplace whatsoever, so however that no person shall be forced to \nanswer any question tending to incriminate himself; \n(/) with the consent in writing of the Minister and subject to any powers conferred \nby the Constitution of the Federal Republic of Nigeria 1999 on the Attorney\u00ad\nGeneral or Director of Public Prosecutions of the Federation or a State, prose\u00ad\ncute, conduct or defend before a magistrate's court, a district court or a court \ngiven jurisdiction under section 80 (2) of this Act in his own name (or, where \nhe is acting under section 83 (5) of this Act, in the name of the complainant) \nany complaint or other proceeding arising under this Act or otherwise in the \nexercise of his functions as an authorised labour officer; \n[Cap. C23.] \n(k) direct any person who has in his opinion contravened any provision of this \nAct, to remedy the contravention within a specified and reasonable period; and \n(l) direct the posting of a notice in any prentises if he is satisfied that it is neces\u00ad\nsary or expedient for the proper implementation of this Act. \n(2) Any person directed to take remedial action under subsection (I) (k) of this sec\u00ad\ntion may, if he is dissatisfied with the direction, within fourteen days or within any period \nstated in the direction, whichever is the less, appeal in writing to the Minister, who may \nrefer the case for advice to any person or persons considered by him to be suitable and \nwhose decision shall be final. \n(3) Any person who--\n(a) obstructs an authorised labour officer in the exercise of his functions under this \nsection or any other provision of this Act; or \n(b) fails to comply with a direction under subsection (l) (k) of this section (no \nappeal having been made under subsection (2) of this section or any such ap\u00ad\npeal having been disposed of); or \n(c) fails to comply with a direction under subsection (I) (l) of this section, \nshall be guilty of an offence and on conviction shall be liable to a fine not exceeding \nNl,OOO or to imprisonment for a period not exceeding two years, or to both." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "79", |
| "title": "Delegation of functions", |
| "content": "Delegation offunctions \n(I) Subject to this section, the Minister may delegate any of his functions under this \nAct-\n(a) to a public officer serving in a ministry or department for which the Minister is \nresponsible; or \n(b) as regards a State, to the Comntissioner in the government of the State respon\u00ad\nsible for labour matters or, with the consent of the State Authority, to an offi\u00ad\ncer in the public service of the State. \n(2) Subsection (1) of this section does not apply to the power of delegation conferred \nby that subsection or to any power to make regulations or orders. \n(3) A delegation under subsection (I) of this section may be made subject to such \nconditions and limitations, if any, as the Minister thinks fit. \nCAP.Ll \nLabour Act \n(4) The delegation of a function under subsection (I) of this section shall not prevent \nthe Minister from continuing to exercise the function himself if he sees fit. \nSettlement of disputes" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "80", |
| "title": "Jmisdiction", |
| "content": "Jurisdiction \n(1) A magistrate's court (or, in a State where a magistrate's court has no civil juris\u00ad\ndiction, a district court) shall have jurisdiction to hear complaints under section 81 of this \nAct. \n(2) Without prejudice to the jurisdiction to hear complaints conferred by subsec\u00ad\ntion (I) of this section, the Chief Judge of a State, with the concurrence of the State \nAuthority, may by order confer jurisdiction to hear such complaints on area courts or \ncustomary courts in the State or part of the State." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "81", |
| "title": "Labour complaints", |
| "content": "(1) Where~ \n(a) an employer or worker neglects or refuses to fulfil a contract; or \n(b) any question, difference or dispute arises as to the rights or liabilities of a party \nto a contract or touching any misconduct, neglect, ill-treatment or injury to the \nperson or property of a party to a contract, \nany party to the contract feeling himself aggrieved may make complaint to a court having \njurisdiction, which may thereupon issue a summons to the party complained against (the \naggrieved party, the court, the party complained against and the complaint being hereafter \nin this section and in sections 82 to 85 of this Act referred to as \"the complainant\", \"the \ncourt\", \"the respondent\" and \"the complaint\" respectively). \n(2) Ifthe complainant claims an amount beyond the civil jurisdiction of the court, the \ncourt shall forward the complaint to the nearest court having jurisdiction. \n(3) The court may exercise jurisdiction in the complaint if the respondent is in its \narea of jurisdiction at the time the complaint is made, whether or not the grounds of the \ncomplaint arose within that area. \n(4) If at any time after the laying of the complaint it appears to the court by informa\u00ad\ntion on oath that the respondent is about to abscond, the court may cause him to be ar\u00ad\nrested and detained in custody unless he finds security to appear and answer the com\u00ad\nplaint and to abide by the decision of the court thereon. \n(5) Where the court is of the opinion that the complaint could more properly or con\u00ad\nveniently be dealt with by civil proceedings, it may, at any time before giving its final \ndecision on the complaint, order that the remedy, if any, for the matters complained of \nshall be by an action brought in accordance with the law relating to civil proceedings and \nnot by proceedings under this section. \n(6) This section shall not apply to a trade dispute, that is to say, any dispute or differ\u00ad\nence between employers and workers (or between workers and other workers) connected \nwith~ \n(a) the employment or non-employment; or \n[Issue 11 L1 - 46\nCAP.Ll \nLabour Act \n(b) the terms of the employment; or \n(c) the conditions oflabour. \nof any person." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "82", |
| "title": "Powers of the court", |
| "content": "(I) In dealing with the complaint, the court-\n( a) may adjust and set off one against the other all such claims on the part of the \ncomplainant and the respondent arising out of or incidental to the relationship \nbetween them as the court may find to be subsisting, whether the claims are \nliquidated or unliquidated or for wages, damages or otherwise, and may direct \nthe payment of such sum as it finds due by one party to the other; \n(b) may direct fulfilment of the relevant contract and, in a case where damages \nntight be awarded for any breach of contract, may in place of the whole or part \nof the damages which would otherwise have been awarded direct the party \ncommitting the breach to give security to the satisfaction of the court for the \ndue performance of so much of the contract as remains unperformed; \n(c) if the party receiving a direction under paragraph (b) of this subsection fails to \nfind security and the court is satisfied that the failure is not due to the inability \nof that party to find it, may comntit him to prison (for a period not exceeding \nthree months) until he finds it; \n(d) may rescind the contract upon such terms as to apportionment of wages or \nother sums due thereunder, and as to the payment of wages or damages or \nother sums due, as it thinks just; and \n(e) where the court has criminal jurisdiction and it appears to the court that an \nemployer or worker has been guilty of an offence under this Act, may in place \nof or in addition to exercising any of the powers conferred by paragraphs (a) to \n(tf) of this subsection pass on the offender any sentence which is authorised by \nthis Act and is within its criminal jurisdiction. \n(2) Without prejudice to any other method of giving security which the court may \nconsider appropriate in any particular case, a person may give security for the purposes of \nsubsection (1) (b) of this section by making in or under the direction of the court a written \nor oral acknowledgement (to be known as a \"recognisance'~) of the undertaking or condi\u00ad\ntion by which and the sum in which he is bound; and any such recognisance shall be \nmade as nearly as possible in the same way as recognisances of bail and shall be liable to \nbe forfeited and enforced in the same way as recognisances of bail." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "83", |
| "title": "Procedure", |
| "content": "(1) Subject to this section and the other provisions of sections 81, 82, 84 and 85 of \nthis Act, the law regulating the procedure in crintinal cases (including the law respecting \nappeals, revisions and the levying of moneys ordered to be paid) shall apply to the com\u00ad\nplaint and any orders for the payment of money made in consequence of the complaint, \nso however that-\n(a) the court may order that the law regulating civil proceedings shall apply to the \ncomplaint and any such orders if in any case it considers that the interests of \njustice so require; and \nCAP.Ll \nLabour Act \n(b) the law regulating civil proceedings shall so apply if the court bas no criminal \njurisdiction. \n(2) Where in consequence of the complaint the court makes an order for the payment \nof any sum by a public authority, no execution shall be issued, but the court shall forward \na copy of the order-\n(a) if the public authority is the Federal Government, to the Minister for Finance; \n(b) if the public authority is a State Government. to the Commissioner for Finance \nof that State; and \n(c) in any other case, to the public authority concerned, \nand it shall thereupon be the duty of the Minister, person or public authority in question \nto ensure that the amount in the order is paid by the proper officer or department. \n(3) The respondent, if inunediately before the hearing of the complaint he is not in \nactual custody, shall not be compelled to enter the dock or other place usually assigned \nfor persons under trial on a criminal charge or be otherwise treated as under arrest during \nthe hearing of the complaint; \nProvided that the court may cause the respondent to be arrested and detained in \ncustody if it is satisfied that it is necessary to do so in order to secure the attendance of \nthe respondent. \n( 4) At the hearing of the complaint the respondent shall be a competent but not a \ncompellable witness. \n(5) At the request of the complainant, an authorised labonr officer who is entitled to \nact under section 78 ( 1) (j) of this Act may represent the complainant at the hearing of the \ncomplaint." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "84", |
| "title": "Compensation, and provision of food", |
| "content": "(1) Where the court-\n( a) imposes any fine; or \n(b) directs security by way of deposit to be given; or \n(c) enforces payment of any sum secured by a recognisance, \nit may direct that the fine, deposit or sum when recovered (or such part thereof as it \nthinks fit) shall be applied to compensate any employer or worker for wrong or damage \nsustained by him by reason of the act or thing in respect of which the fine was imposed or \nby reason of the non-performance of the relevant contract. \n(2) Where it appears to the court that the complainant (being a worker) has not the \nmeans and is otherwise unable to obtain food for himself pending the determination of \nthe complaint, it may, subject to subsection (3) of this section, cause the complainant to \nbe supplied with necessary food at the expense of the Federal Government. \n(3) Where food is supplied to the complainant under subsection (2) of this section, \nthe cost of the food shall be a debt due to the Federal Government from the complainant \nand may be deducted by the court from any moneys received by the court for or on behalf \nof the complainant, or shall otherwise be paid by the complainant. \n[Issue l] Ll-48\nCAP.Ll \nLabour Act" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "85", |
| "title": "Costs", |
| "content": "(1) Subject to tbis section, tbe process of the court for compelling tbe attendance of \ntbe respondent and all necessary witnesses shall be instituted at tbe expense of tbe Fed~ \neral Government and without any fees of court. \n(2) At tbe final determination of tbe complaint tbe court may make such order for tbe \npayment of costs by either party as it thinks proper in the circumstances. \n(3) lf at tbe heating of tbe complaint, the court is of the opinion that the complaint is \nvexatious or frivolous it may, there and then and without any fresh action or proceeding, \norder !bat tbe complainant shall-\n( a) pay a fine not exceeding N50 and defray the cost of tbe process and tbe wit~ \nnesses; and \n(b) in default of payment of tbe fine and costs, be liable to imprisonment for a \nterm not exceeding one month. \nMiscellaneous" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "86", |
| "title": "Application to public authorities", |
| "content": "The provisions of tbis Act, other !ban tbe penal provisions, shall apply to and be car~ \nried into effect by public authorities: \nProvided that, in times of national emergency and in any other case where he is \nsatisfied that it is in the public interest to do so, the Minister may by order exempt any \npublic authority from all or any of tbe provisions of tbis Act for such a period as may be \nspecified in the order. \n87, Contracts made abroad \n(I) Subject to this section, nothing in this Act shall prevent any employer, worker or \nother person to whom this Act applies from enforcing his rights or remedies in respect of \nany breach or non-performance of any lawful contract made outside Nigeria, and the \nrights of the parties under such a contract (botb against each otber and against !bird par~ \nties invading those rights) may be enforced in the same manner as other rights arising \noutside Nigeria may be enforced and as if tbis Act had not been made. \n(2) Whenever a contract made outside Nigeria has been executed in conformity with \nthis Act, it shall be enforced in the same manner as a contract entered into under this Act. \n(3) A written contract made outside Nigeria which has been executed otherwise !ban \nin conformity with this Act shall not be enforced against a worker to whom this Act ap\u00ad\nplies if he is unable to read and understand tbe language in which tbe contract is written. \n(4) For tbe purposes of this section, a contract shall be deemed to be executed in con~ \nformity witb tbis Act if it is signed by the names or marks of tbe parties and bears an at~ \ntestation to the effect that the contract was read over and explained to the parties in the \npresence of tbe person attesting and was entered into by tbe parties voluntarily and witb \nfull understanding of its meaning and effect. \n(5) The attestation referred to in subsection (4) of tbis section may be made by any \nNigerian official entitled to act under section 12 of tbe Oaths Act or by any judicial or \nCAP.Ll \nLabour Act \nother authority authorised by the law of the place where the contract was made to exer\u00ad\ncise the functions of a notary public or equivalent functions. \n[Cap. OL]" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "88", |
| "title": "Regulations", |
| "content": "(1) The Minister may make regulations-\n( a) providing for the payment of compensation by employers to workers or do\u00ad\nmestic servants for injury arising out of and in the course of their employment \nin cases not coming within the provisions of any other enactment, and for the \nrecovery of the compensation in question; \n(b) requiring employers to report any accident involving the death of or injury to a \nworker or domestic servant, in cases not coming within the provisions of any \nother enactment; \n(c) prescribing the conditions under which carriers may be employed and the limi\u00ad\ntation of loads to be carried by them; \n(d) imposing upon persons who have accepted the services of any worker or do\u00ad\nmestic servant without paying wages therefor the obligation to provide for the \nmaintenance of the worker or domestic servant during sickness or in old age; \n(e) prescribing anything which is to be prescribed under this Act and is not other\u00ad\nwise provided for; \n(j) prescribing fees to be paid for any matter or thing to be done under this Act; \nand \n(g) containing such procedural or ancillary provisions as he considers necessary or \nconvenient to facilitate the operation of this Act. \n(2) Regulations made under subsection (I) of this section may specify for an offence \nunder the regulations a fine not exceeding NSOO or imprisonment for a term not exceed\u00ad\ning one year, or both." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "89", |
| "title": "Savings and exemptions", |
| "content": "(I) Nothing in this Act shall-\n( a) operate to relieve any employer or worker of any duty or liability imposed \nupon him by any other enactment or to limit any power given to any public of\u00ad\nficer by any such enactment; or \n(b) prevent any employer, worker or other person to whom this Act applies from \nbeing proceeded against according to law for any offence punishable under any \nlaw in force in Nigeria, so however that no person shall be punished twice for \nthe same offence. \n(2) Nothing in this Act shall apply to serving members of the Armed Forces of the \nFederation or the Nigeria Police Force. \n(3) The Minister. with the prior approval of the President, may by order exempt \n(subject to such conditions, if any, as he sees fit to impose) any class or classes of work\u00ad\ners from the application of this Act or any specified provision thereof. \n[Issue 1] Ll-50\nLabour Act" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "90", |
| "title": "Repeal, and transitional and saving provisions", |
| "content": "(1) The Labour Code Act is hereby repealed. \n[Cap. 91 of 1958 Edition.] \nCAP.Ll \n(2) The transitional and saving provisions in the Schedule to this Act (including any \nprovisions made under paragraph 5 of that Schedule) shall have effect notwithstanding \nsubsection (I) of this section or any other provision of this Act. \n[Schedule.]" |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "91", |
| "title": "Interpretation", |
| "content": "(I) In this Act, unless the context otherwise requires-\n\"administrative officer'' means a divisional officer, a district officer or any officer \nexercising corresponding functions; \n\"agricultural undertaking\" means any undertaking in which a worker is employed \nunder a contract of employment for the purpose of agriculture, fisheries, horticulture, silvi\u00ad\nculture, the tending of domestic animals and poultry or the collection of the produce of \nany plants or trees, but does not include any such undertaking in which only members of \nthe same family are employed; \n\"authorised labour officer'' means an authorised labour officer authorised under \nsection 77 of this Act; \n\"citizen\" means citizen of Nigeria; \n\"chief or other indigenous authority\" includes any chief or indigenous authority \nwhose authority is customary or traditional; \n\"child\" means a young person under the age of twelve years; \n\"collective agreement'' means an agreement in writing regarding working conditions \nand terms of employment concluded between-\n( a) an organisation of workers or an organisation representing workers (or an as\u00ad\nsociation of such organisations) of the one part; and \n(b) an organisation of employers or an organisation representing employers (or an \nassociation of such organisations) of the other part; \n\"collective bargaining'' means the process of arriving or attempting to arrive at a \ncollective agreement; \n\"contract\" means contract of employment, and includes a contract of apprenticeship; \n\"contract of employment\" means any agreement, whether oral or written, express or \nimplied, whereby one person agrees to employ another as a worker and that other person \nagrees to serve the employer as a worker; \nCAP.Ll \nLabour Act \n\"domestic servant\" means any house, stable or garden servant employed in or in \nconnection with the domestic services of any private dwelling house, and includes a ser\u00ad\nvant employed as the driver of a privately owned or privately used motor car; \n\"employer'' means any person who has entered into a contract of employment to em\u00ad\nploy any other person as a worker either for himself or for the service of any other per\u00ad\nson, and includes the agent, manager or factor of thcit first-mentioned person and the per\u00ad\nsonal representatives of a deceased employer; \n\"employer's permit'' means an employer's permit granted under section 24 of this \nAct; \n\"family\" has the same meaning as in the First Schedule to the Workmen's Compen\u00ad\nsation Act; \n[Cap. W6.1 \n''foreign contract'' means a contract for the employment of a citizen outside Nigeria; \n''function\" includes power and duty; \n\"guardian\" includes any person to whose care a young person has been committed \n(even temporarily) by a person having authority over the young person, and any person \nlawfully having charge of a young person who has no parents or whose parents are un\u00ad\nknown; \n\"'industrial undertaking'' includes-\n( a) mines, quarries and other works for the extraction of minerals from the earth; \n(b) industries in which articles are manufactured. altered, cleaned, repaired. orna\u00ad\nmented, finished, adapted for sale, broken up or demolished or in which mate\u00ad\nrials are transformed, including shipbuilding and the generation and transfor\u00ad\nmation of electricity or motive power of any kind; \n(c) the construction, reconstruction, maintenance, repair, alteration or demolition \nof any building, railway, tramway, harbour, dock, canal, inland waterway, \nroad, tunnel, bridge, viaduct. sewer, drain, well, telegraph or telephonic instal\u00ad\nlation, electrical undertaking, gasworks, waterworks, or other works of con\u00ad\nstruction, as well as the preparation for or the laying of the foundation of any \nsuch work or structure; and \n(d) transport of passengers or goods by road, rail, air, sea or inland waterways, \nincluding the handling of goods at docks, quays, wharves. warehouses and air\u00ad\nports, and including the carrying of coal or other materials by hand to or from \nlighters or ships, \nbut does not include any commercial or agricultural undertaking, any undertaking in \nwhich only members of the same family are employed or any customary occupation of a \nkind normally carried on at home; \n\"industrial worker'' includes any artificer, journeyman, handicraftsman, canoeman, \ncarrier, messenger, clerk, shop assistant, storekeeper, labourer, agricultural labourer, hotel \n[Issue 1] Ll-52\nCAP.Ll \nLabour Act \nor catering worker or apprentice and any person or class of persons gainfully employed or \nnormally seeking a livelihood hy gainful employment declared to be such by the Minister \nby order; \n\"industry\" includes trade; \n\"labour health area'' means a labour health area declared under section 66 of this \nAct; \n\"local government\" means a local government authority, the local authority of a \ntownship or any council or other authority (however styled) exercising statutory or cus\u00ad\ntomary powers of local administration in a State; \n\"mine\" includes any place, excavation or working whereon, wherein or whereby any \noperation in connection with mining is carried on; \n\"Minister'' means the Federal Minister for Employment, Labour and Productivity; \n\"public authority'' means-\n( a) the Federal Government; or \n(b) a State Government; or \n(c) a local government authority; or \n(d) a statutory corporation, that is to say, a body corporate directly established by \nlaw in Nigeria, being a body which is expressly bound by law to comply with \ndirections given by a Minister or by a corresponding authority; or \n(e) a government-controlled company, that is to say, a limited liability company \nincorporated in Nigeria in which the Federal Government or a State Govern\u00ad\nment has a controlling interest; \n\"public department'' means a ministry or department of a public authority; \n\"public officer\" means any person employed by a public authority; \n\"recnrlter'' means the holder of a recruiter's licence; \n\"recruiter's licence\" means a recruiter's licence granted under section 25 of this Act; \n\"recruiting'' includes all operations undertaken with the object of obtaining or sup\u00ad\nplying the labour of persons who do not spontaneously offer their services at the place of \nemployment, at a public emigration or employment office or at an office conducted by an \nemployer's association and supervised by the Minister; \n\"State\" means a State of the Federation; \n\"State Authority\" means the Governor or Administrator of a State; \n''wages\" means remuneration or earnings (however designated or calculated) capable \nof being expressed in terms of money and fixed by mutual agreement or by law which are \nCAP.Ll \nLabour Act \npayable by virtue of a contract by an employer to a worker for work done or to be done or \nfor services rendered or to be rendered; \n\"woman\" means any member of the female sex, whatever her age or status; \n\"worker'' means any person who has entered into or works under a contract with an \nemployer, whether the contract is for manual labour or clerical work or is expressed or \nimplied or oral or written, and whether it is a contract of service or a contract personally \nto execute any work or labour, but does not include-\n(a) any person employed otherwise than for the purposes of the employer's busi\u00ad\nness; or \n(b) persons exercising administrative, executive, technical or professional func\u00ad\ntions as public officers or otherwise; or \n(c) members of the employer's family; or \n(d) representatives, agents and commercial travellers in so far as their work is car\u00ad\nried on outside the permanent workplace of the employer's establishment; or \n(e) any person to whom articles or materials are given out to be made up, cleaned, \nwashed, altered, ornamented, finished, repaired or adapted for sale in his own \nhome or on other premises not under the control or management of the person \nwho gave out the articles or the material; or \n(j) any person employed in a vessel or aircraft to which the laws regulating mer\u00ad\nchant shipping or civil aviation apply; \n\"young person\" means a person under the age of eighteen years. \n(2) In this Act, unless the context otherwise requires, a reference to a numbered Part \nor section is a reference to the Part or section so numbered in this Act." |
| }, |
| { |
| "source": "Labour Act", |
| "section_number": "92", |
| "title": "Short title", |
| "content": "This Act may be cited as the Labour Act" |
| } |
| ] |
