Nuggets on Labour Law

1. What are the regulatory framework for labour and employment matters in Nigeria?

The legislations applicable to employment and labour relations in Nigeria include:

1. The Constitution of the Federal Republic of Nigeria 1999(as amended);
2. The Labour Act, Chapter L1, Laws of the Federation of Nigeria 2004 (Labour Act)
3. The federal laws enacted by the National Assembly;
4. Decisions of the Nigerian courts- case law;  and
5. International conventions, treaties and protocols relating to labour, employment, workplace, industrial relations or matters connected therewith that have been ratified by Nigeria.

However, the Labour Act is the principal legislation governing employment relations in Nigeria. Its application is limited to employees engaged under a contract of manual labour or clerical work in private and public sector. Employees exercising administrative, executive, technical or professional functions are governed by their respective contracts of employment.

2. Who is an employee under the Labour Act?

There are two broad categories of an employee in Nigeria; the workers and non-workers. The workers can be defined under the labour act as those who are generally employees who perform manual labour or clerical work.

On the other hand, non-workers are employees who perform administrative, executive, technical or professional functions.