Labour Act, Decree No. 21 of 1974, dated 29 May 1974 (Official Gazette, No. 28, Supplement, 6 June 1974), as amended up to 31 December 1989 (Official Gazette, 1989).
"worker" means any person who has entered into or works under a contract with an employer, whether the contract is for manual labour or clerical work or is expressed or implied or oral or written, and whether it is a contract of service or a contract personally to execute any work or labour, but does not include- (a) any person employed otherwise than for the purposes of the employers business, or (b) persons exercising administrative, executive, technical or professional functions as public officers or otherwise, or (c) members of the employers family, or (d) representatives, agents and commercial travellers in so far as their work is carried on outside the permanent workplace of the employers establishment; or (e) any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or (f) any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply;
Labour Act §91(1)
Employer
"employer" means any person who has entered into a contract of employment to employ any other person as a worker either for himself or for the service of any other person, and includes the agent, manager or factor of that first-mentioned person and the personal representatives of a deceased employer;
Labour Act §91(1)
Overtime/overtime work
Hours which a worker is required to work in excess of the normal hours fixed under subsection (1) of this section shall constitute overtime.
Labour Act §13(2)
Remarks: Normal hours of work in any undertaking shall be those fixed- (a) by mutual agreement; or (b) by collective bargaining within the organization or industry concerned; or (c) by an industrial wages board (established by or under an enactment providing for the establishment of such boards) where there is no machinery for collective bargaining. Labour Act §13(1)
Domestic worker
"domestic servant" means any house, stable or garden servant employed in or in connection with the domestic services of any private dwelling house, and includes servant employed as the driver of a privately owned or privately used motor car;
Labour Act §91(1)
Young worker
"young person" means a person under the age of eighteen years.
Labour Act §91(1)
NORMAL HOURS LIMITS
Daily hours limit
General limit
Normal hours of work in any undertaking shall be those fixed- (a) by mutual agreement; or (b) by collective bargaining within the organization or industry concerned; or (c) by an industrial wages board (established by or under an enactment providing for the establishment of such boards) where there is no machinery for collective bargaining.
Labour Act §13(1)
Historical data (year indicates year of data collection)
2009: Normal hours of work in any undertaking shall be those fixed-
(a) by mutual agreement; or
(b) by collective bargaining within the organization or industry concerned; or
(c) by an industrial wages board (established by or under an enactment providing for the establishment of such boards) where there is no machinery for collective bargaining.
Special categories
» Young workers
8 hours (under 16 years)
Labour Act §59(8)
Weekly hours limit
General limit
Normal hours of work in any undertaking shall be those fixed- (a) by mutual agreement; or (b) by collective bargaining within the organization or industry concerned; or (c) by an industrial wages board (established by or under an enactment providing for the establishment of such boards) where there is no machinery for collective bargaining.
Labour Act §13(1)
Historical data (year indicates year of data collection)
2009: No general legal weekly limit.
1995: No general legislation.
OVERTIME WORK
Criteria for overtime
General
Hours which a worker is required to work in excess of the normal hours fixed under subsection (1) of this section shall constitute overtime.
Labour Act §13(2)
Remarks: Normal hours of work in any undertaking shall be those fixed- (a) by mutual agreement; or (b) by collective bargaining within the organization or industry concerned; or (c) by an industrial wages board (established by or under an enactment providing for the establishment of such boards) where there is no machinery for collective bargaining. Labour Act §13(1)
Limits on overtime hours
General limits
No legal general limit on overtime work.
Historical data (year indicates year of data collection)
2009: No legal general limit on overtime work.
1995: No legal provision.
Compensation for overtime work
Overtime rate(s)
No statutory provision on overtime pay.
Historical data (year indicates year of data collection)
2009: No statutory provision on overtime pay.
1995: 50% premium on working days and 100% on weekly rest days and on public holidays.
REST PERIODS
Rest breaks
General provisions
Where a worker is at work for six hours or more a day, his work shall be interrupted (to the extent which is necessary having regard to its character and duration and to working conditions in general) by allowing one or more suitably spaced rest-intervals of not less than one hour on the aggregate: Provided that-
(a) exceptions may be made to the rule in this subsection where unforeseen circumstances render them necessary; and (b) where it is found unavoidable in view of the nature of the work and the working conditions in general, time-off for a meal at the worksite or in the immediate vicinity may be substituted for the rest-interval.
In subsection (3) of this section, "rest-interval" means an interruption of work, of which the length is fixed beforehand and during which the worker is free to dispose of his time and is not required to remain at the place of work.
Labour Act §13(3)(4)
Historical data (year indicates year of data collection)
2009: 1 hour after 6 hours continuous work.
2007: Additional rest breaks are required for work involving continuous strain or work that is particularly arduous.
2007: May be divided into one or more rests breaks where unforeseen circumstances render them necessary and where it is found in view of the nature of the work and the working conditions in general, time-off for a meal at the work site or in the immediate vicinity may be substituted for the rest-interval.
2007: 1 hour after 6 hours continuous work
1995: One or more rest intervals of not less than 1 hour in total for 6 hours or more of work.
Exceptions
Where a worker is at work for six hours or more a day, his work shall be interrupted (to the extent which is necessary having regard to its character and duration and to working conditions in general) by allowing one or more suitably spaced rest-intervals of not less than one hour on the aggregate:
Provided that-
(a) exceptions may be made to the rule in this subsection where unforeseen circumstances render them necessary; and (b) where it is found unavoidable in view of the nature of the work and the working conditions in general, time-off for a meal at the worksite or in the immediate vicinity may be substituted for the rest-interval.
Labour Act §13(3)(5)
Remarks: It is important to note that:
Where, by reason of its connection with a mechanical process or as a result of other circumstances, the work involves continuous strain or is particularly trying in other ways, the worker shall be allowed the requisite number of suitably adjusted and spaced breaks in the work.
In subsection (5) of this section, "break in the work" means a short intermission in the work fixed beforehand which is ordered with a view to allowing the worker to detach himself from his work and which is not to be counted as a rest-interval or time-off under subsection (3) of this section. Labour Act §13(5)(6)
Daily rest periods
Duration
No general statutory provisions on daily rest.
Historical data (year indicates year of data collection)
2009: No general statutory provisions on daily rest.
1995: No legal provision.
Weekly rest periods
Duration
» General
In every period of seven days a worker shall be entitled to one day of rest which shall not be less than twenty-four consecutive hours.
Labour Act §13(7)
Historical data (year indicates year of data collection)
2009: 1 day
1995: 24 consecutive hours.
Day specified
» General
The act does not specify any particular day for the weekly rest period.
Work on weekly rest day
» Compensation (for working on a rest day)
if any reduction takes place in the weekly rest-period-
(a) corresponding time-off from work shall be allowed as soon as possible (and in any case not later than fourteen days thereafter); or (b) wages at overtime rates shall be paid in lieu thereof.
Labour Act §13(7)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Duration
» General
Every worker shall be entitled after twelve months continuous service to a holiday with full pay of (a) at least six working days;
Labour Act §18(1)a)
Historical data (year indicates year of data collection)
2009: 6 days
2007: 6 days
1995: 6 working days (in practice 12 days).
Payment
» Amount
In the calculation of leave pay and sickness benefits only that part of his wages which a worker receives in money (excluding overtime and other allowances) shall be taken into account.
Labour Act §19
Remarks: It shall be unlawful for an employer to pay wages in lieu of the holiday mentioned in subsection (1) of this section to a worker whose contract has not terminated. Labour Act §18(3) referring to
Every worker shall be entitled after twelve months continuous service to a holiday with full pay of (a) at least six working days; or (b) in the case of persons under the age of sixteen years (including apprentices), at least twelve working days. Labour Act §18(1)
Schedule and splitting
The holiday mentioned in subsection (1) of this section may be deferred by agreement between the employer and the worker: Provided that the holiday-earning period shall not thereby be increased beyond twenty-four months continuous service.
Labour Act §18(2)
Special categories
» Young workers
Every worker shall be entitled after twelve months continuous service to a holiday with full pay of (b) in the case of persons under the age of sixteen years (including apprentices), at least twelve working days.
Labour Act §18(1)b)
PUBLIC HOLIDAYS
Number and dates
There 9 days of public holidays. They are:
1. New Years Day 2. Good Friday 3. Easter Monday 4. Workers Day (1st May). 5. National Day (1st October). 6. Christmas Day 7. Such day as the Minister may declare to be a public holiday in celebration of the Muslim festival of Id el Fitr. 8. Such day as the Minister may declare to be a public holiday in celebration of the Muslim festival of Id el Kabir. 9. Such day as the Minister may declare to be a public holiday in celebration of the birthday of the Prophet Muhammed (Id el Maulud).
In addition to days mentioned in the Schedule to this Act, the President may by public notice appoint a special day to be kept as a public holiday either throughout Nigeria or in any part thereof, and any day so appointed shall be kept as a public holiday.
Public Holidays Act Schedule , §2(1)
NIGHT WORK
Criteria for night work
In this section, "night" means- (a) as respects industrial undertakings, a period of at least eleven (or, where an order under subsection (4) below applies, ten) consecutive hours including the interval between ten oclock in the evening and five oclock in the morning; and (b) as respect agricultural undertakings, a period of at least nine consecutive hours including the interval between nine oclock in the evening and four oclock in the morning.
In this section, "night" means a period of at least twelve consecutive hours, including- (a) in the case of young persons under the age of sixteen years, the interval between ten oclock in the evening and six oclock in the morning; and (b) in the case of young persons over the age of sixteen years but under the age of eighteen years, a prescribed interval of at least seven consecutive hours falling between ten oclock in the evening and seven oclock in the morning.
Labour Act §55(3), 60(4)
Remarks: There is no general definition of night or night work available in the Labour Act. Those provided above refer to night work for women (§55(3)) and for youth (§60(4)). It is important to note that only with regards to these two specific groups of workers, night work is regulated.
Special categories
Young workers
Subject to this section, no young person shall be employed during the night.
Young persons over the age of sixteen years may be employed during the night in the following industrial undertakings or activities which by reason of the nature of the process are required to be carried on continuously day and night, that is to say- (a) in the manufacture of iron and steel, in processes in which reverberatory or regeneratory furnaces are used and in the galvanizing of sheet metal or wire (except the pickling process); (b) glass works; (c) manufacture of paper; (d) manufacture of raw sugar; and (e) gold mining reduction work.
Young persons over the age of sixteen may be employed during the night in cases of emergency which- (a) could not have been controlled or foreseen; (b) are not of a periodical character; and (c) interfere with the normal working of an industrial undertaking.
Labour Act §60(1)(2)(3)
Remarks: In this section, "night" means a period of at least twelve consecutive hours, including- (a) in the case of young persons under the age of sixteen years, the interval between ten o'clock in the evening and six o'clock in the morning; and (b) in the case of young persons over the age of sixteen years but under the age of eighteen years, a prescribed interval of at least seven consecutive hours falling between ten o'clock in the evening and seven o'clock in the morning.
Labour Act, §60(4)
Women
No woman shall be employed on night work (work of at least eleven consecutive hours including the time between 10p.m. and 5 a.m. or nine hours in agricultural undertakings between 9p.m. and 4a.m.) in a public or private industrial undertaking or in any branch thereof, or in any agricultural undertaking or any branch thereof.
Labour Act §55(1)(3)
Remarks: The exceptions are:
Subsection (1) of this section shall not apply to women employed as nurses, in any public or private industrial undertaking or in any agricultural undertaking, nor to women holding responsible positions of management who are not ordinarily engaged in manual labour; and in any proceedings brought under or in connection with the said subsection (1) of this section, it shall be a good defence if it is shown to the satisfaction of the court trying the proceedings that- (a) the night work in question was due to an interruption of work which it was impossible to foresee and which is not of a recurring character; or (b) the night work in question had to do with raw material or materials in course of treatment which are subject to rapid deterioration, and it was necessary to preserve such materials from certain loss.
Labour Act §55(2)
Results generated on: 29th March 2024 at 02:46:07.
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