Empowering Your Employment Journey: How the Nigerian Labor Laws can Work for You as an NYSC Corper, Job Seeker, and an Employee.

Hey there!

As a HR professional with years of experience in various sectors, I have seen it all: the good, the bad, and the ugly. That’s why I am passionate about helping people understand their rights and obligations under the Nigerian labor laws, so they can avoid being exploited or cheated by unscrupulous employers.

First of all, what are the Nigerian labor laws?

According to the ICLG website, they are “the main sources of employment law in Nigeria” and they include:

• The Constitution of the Federal Republic of Nigeria 1999 (as amended).
• The Labour Act, Chapter L1, Laws of the Federation of Nigeria 2004.
• Federal and state laws that relate to labor and employment, pension and workplace compensation, such as the Employees’ Compensation Act 2010, the National Minimum Wage (Amendment) Act 2019, the Discrimination against Persons with Disabilities (Prohibition) Act 2018, etc.
• Decisions of the Nigerian courts (case laws).
• International conventions, treaties and protocols relating to labor, employment, workplace, industrial relations or matters connected therewith that have been ratified by Nigeria.

These laws cover various aspects of employment, such as contracts of employment, terms and conditions of employment, employee representation and industrial relations, discrimination, maternity and family leave rights, business sales, termination of employment, data protection and employee privacy, etc.

Now that we have a general overview of the Nigerian labor laws, let’s look at some practical examples where they can work for you. These examples are based on real-life cases that I have encountered or heard about in my career.

Example 1: NYSC corpers who are denied a day off for CDS or exploited by their employers.

If you are a NYSC corper (a graduate who is serving in the National Youth Service Corps), you may have experienced some challenges with your employer during your service year. For instance, some employers may refuse to give you a day off for your Community Development Service (CDS), which is a mandatory activity for all corpers. Or they may exploit you by not paying you any allowance or giving you any training for your development.

What can you do in such situations? Well, according to the NYSC Act, you have the right to:

• Be given a day off every week for your CDS.
• Receive a monthly allowance from your employer that is not less than 75% of the minimum wage.
• Be provided with adequate facilities and opportunities for your training and development.
• Be treated with dignity and respect by your employer and co-workers.

If your employer violates any of these rights, you can report them to the NYSC authorities or seek legal advice from a lawyer. You can also seek redress from the National Industrial Court, which is a specialized court that deals with labor and employment disputes.

Example 2: Employees who deal with salary deductions as reprimands or other unfair practices.

If you are an employee in Nigeria, you may have faced some unfair practices from your employer regarding your salary or wages. For example, some employers may deduct your salary as a punishment for misconduct or poor performance. Or they may delay or withhold your salary without any valid reason.

What can you do in such situations? Well, according to the Labour Act, you have the right to:

• Be paid your wages in full and on time.
• Be paid your wages in legal tender or by cheque or bank transfer (not in kind).
• Be given a written statement (payslips) of your wages and deductions every month.
• Not have your wages deducted without your consent or without a court order (except for statutory deductions like tax or pension).

Before I go any further, I would like you to note this:

According to the Labour Act, Section 5, no employer can make any deduction from the wages of a worker unless it is required or permitted by law, agreed by the worker in writing, or for indemnifying the employer for loss or damage caused by the worker’s negligence or misconduct.

This means that your employer cannot reduce your salary as a punishment for any reason, such as poor performance, lateness, or absenteeism.

If they do, they are violating your rights as a worker and you can take legal action against them. Salary deductions are also illegal if they reduce your wages below the national minimum wage, which is currently NGN30,000 per month.

The Finance Act 2020 also exempts workers earning the national minimum wage or less from personal income tax. So, if you are a low-income earner, you should not pay any tax or have any deductions from your salary.

You deserve to be paid fairly and fully for your work, and you should not accept any unlawful deductions from your employer.

If your employer violates any of these rights, you can report them to the Ministry of Labour and Employment or seek legal advice from a lawyer. You can also seek redress from the National Industrial Court, which has jurisdiction over salary and wage disputes.

Example 3: Employees who face discrimination or harassment at work.

If you are an employee in Nigeria, you may have experienced discrimination or harassment at work based on your gender, age, disability, ethnicity, religion, sexual orientation, or any other ground. For example, some employers may deny you promotion, training, or benefits because of your personal characteristics. Or they may subject you to verbal or physical abuse, intimidation, or humiliation.

What can you do in such situations? Well, according to the Constitution, you have the right to:

• Equality before the law and equal protection of the law.
• Freedom from discrimination on any ground whatsoever.
• Dignity of the human person and respect for your privacy.

If your employer violates any of these rights, you can report them to the Ministry of Labour and Employment or seek legal advice from a lawyer. You can also seek redress from the National Industrial Court, which has jurisdiction over discrimination and harassment cases.

These are just some of the examples where the Nigerian labor laws can work for you as a job seeker or an employee. Of course, the Nigerian labor laws are not perfect and they have some shortcomings and gaps that need to be addressed.

For instance, some of the laws are outdated and do not reflect the current realities of the labor market. Some of the laws are not adequately enforced or implemented by the relevant authorities. Some of the laws are not well known or understood by the employers and employees.

That is why it is important to know not only the laws, but also your rights and responsibilities as a worker.

You need to be informed, proactive, and assertive in dealing with your employer or recruiter. You need to seek legal advice or assistance when necessary.

You need to join or form trade unions or associations that can represent your interests and protect your welfare.

In short, you need to be empowered by the Nigerian labor laws.

That is the aim of this newsletter: to empower you with knowledge and skills that can make you a better worker and a happier person.

So stay tuned for more updates on this topic, and feel free to share your feedback or questions with me.

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I hope you enjoyed this newsletter and learned something new. Please feel free to share it with your friends and colleagues who may benefit from it. And don’t forget to subscribe to my newsletter for more updates and tips on how to succeed in the Nigerian labor market.

Until next time, stay safe!

Your HR friend,

Jennie