(2)
Before endorsing the transfer upon the contract, the officer in
question-
(a)
shall ascertain that the worker has freely consented to the
transfer and that his consent has not been obtained by coercion or
undue influence or as a result of misrepresentation or mistake;
and
(b)
if by the transfer the worker will-
(i)
change his form of employment from one which is the subject of
an exemption order made under section 8 (2) of this Act, or
(ii)
be subject to such a change of conditions as in the officer's
opinion renders such a course advisable, may require the worker
to be medically examined or re-examined, as the case may be.
11.
(1) Either party to a contract of
employment may terminate the contract on the expiration of notice given
by him to the other party of his intention to do so.
(2)
The notice to be given for the purposes of subsection (1) of this
section shall be-
(a)
one day, where the contract has continued for a period of three
months or less;
(b)
one week, where the contract has continued for more than three
months but less than two years;
(c)
two weeks, where the contract has continued for a period of two
years but less than five years; and
(d)
one month, where the contract has continued for five years or
more.
(3)
Any notice for a period of one week or more shall be in writing.
(4)
The periods of notice specified in subsection (2) of this section
exclude the day on which notice is given.
(5)
Nothing in this section affects any right of either party to a
contract to treat the contract as terminable without notice by reason
of such conduct by the other party as would have enabled him so to
treat it before the making of this Act.
(6)
Nothing in this section shall prevent either party to a contract from
waiving his right to notice on any occasion, or from accepting a
payment in lieu of notice.
(7)
All wages payable in money shall be paid on or before the expiry of
any period of notice.
(8)
If an employer gives notice to terminate the contract of employment of
a worker who has been continuously employed for three months or more,
the employer shall not be liable under this section to make any
payment in respect of a period during which the worker is absent from
work with the leave of the employer granted at the request of the
worker.
(9)
In the calculation of .a payment in lieu of notice, only that part of
the wages which a worker receives in money, exclusive of overtime and
other allowances, shall be taken into account.
12.
(1) It shall not be a defence to an employer who is sued in respect of
personal injuries caused by the negligence of a person employed by
him, that person was, at the time the injuries were caused, in common
employment with the person injured.
(2)
Any provisions contained in a contract of service or apprenticeship,
or in an agreement collateral thereto (including a contract or
agreement entered into before the commencement of this section) shall
be void in so far as it would have the effect of excluding or limiting
any liability of the employer in respect of personal injuries caused
to the person employed or apprenticed by the negligence of persons m
common employment with him.
(3)
For the purposes of this section, the expression "personal
injuries" includes any disease and any impairment of a person's
physical or mental condition arising out of his employment, and
"injury" and cognate expressions shall be construed
accordingly.
Terms
and conditions of employment
13.
(1) 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.
(2)
Hours which a worker is required to work in excess of the normal hours
fixed under subsection (1) of this section shall constitute overtime.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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; 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.
Provision
of transport
14.
(1) Where a worker is required to travel sixteen kilometres or more
from his normal place of work to another worksite he shall be entitled
to free transport or an allowance in lieu thereof.
(2)
Where the employer provides a vehicle or vessel for the purposes of
subsection (1) of this section, he shall ensure that the vehicle or
vessel is suitable, is in good sanitary condition and is not
overcrowded.
15.
Wages shall become due and payable at the end of each period for which
the contract is expressed to subsist, that is to say, daily, weekly or
at such other period as may be agreed upon:
Provided
that, where the period is more than one month, the wages shall become
due and payable at intervals not exceeding one month.
16.
Subject to the Workmen's Compensation Act, a worker shall be entitled to
be paid wages up to twelve working days in any one calendar year during
absence from work caused by temporary illness certified by a registered
medical practitioner:
Provided
that this section shall not apply unless-
(a)
the contract remains in existence during the period of absence and
the worker is ready and willing to perform his part of the
contract save for the incapacity produced by the illness; and
(b)
the worker, if so requested by the employer, consents to be
examined by a qualified medical practitioner nominated by the
employer.
17.
(1) Except where a collective agreement provides otherwise, every
employer shall, unless a worker has broken his contract, provide work
suitable to the worker's capacity on every day (except rest days and
public holidays) on which the worker presents himself and is fit for
work; and, if the employer fails to provide work as aforesaid, he
shall pay to the worker in respect of each day on which he has so
failed wages at the same rate as would be payable if the worker had
performed a day's work:
Provided
that-
(a)
where, owing to a temporary emergency or other circumstances
beyond the employer's control (the period of which shall not
exceed one week or such longer period as an authorized labour
officer may allow in any particular case), the employer is unable
to provide work, the worker shall be entitled to those wages only
on the first day of the period in question; and
(b)
this subsection shall not apply where the worker is suspended from
work as a punishment for a breach of discipline or any other
offence.
(2)
Where a worker is employed in any agricultural undertaking on a
plantation on a contract of service under which he earns wages
calculated by reference to the number of days' work performed in each
month of his service, the employer shall provide the worker with work
suitable to his capacity on not less than twenty-four days in each
month during the whole of which he is so employed; and, if the
employer fails to provide work as aforesaid on any of those
twenty-four days on which the worker presents himself and is fit for
work, he shall pay to the worker in respect of each such day wages at
the same rates as would be payable if the worker had performed a day's
work:
Provided
that, in computing twenty-four days for the purposes of this
subsection, account shall not be taken of more than six days in any
one week.
(3)
Any dispute between an employer and a worker as to the worker's
fitness for work under subsection (1) or (2) of this section may be
referred to an authorized labour officer, who may take such medical or
other advice as he thinks appropriate and whose decision shall be
final.
18.
(1) 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.
(2)
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.
(3)
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.
(4)
A person who ceases to be employed after having completed-
(a)
less than twelve but not less than six months in the continuous
employment of an employer; or
(b)
not less than six months in the continuous employment of an
employer since last qualified for a holiday under subsection (1)
of this section,
shall
be paid with respect to that period of employment an amount
bearing the same proportion to full pat for one week at his normal
rate as that period bears to twelve months.
19.
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.
20.
(1) In the event of redundancy-
(a)
the employer shall inform the trade union or workers'
representative concerned of the reasons for and the extent of the
anticipated redundancy;
(b)
the principle of "last in, first out" shall be adopted
in the discharge of the particular category of workers affected,
subject to all factors of relative merit, including skill, ability
and reliability; and
(c)
the employer shall use his best endeavours to negotiate redundancy
payments to any discharged workers who are not protected by
regulations made under subsection (2) of this section.
(2)
The Minister may make regulations providing, generally or in
particular cases, for the compulsory payment of redundancy allowances
on the termination of a worker's employment because of his redundancy.
(3)
In this section "redundancy" means an involuntary and
permanent loss of employment caused by an excess of manpower.
General
21.
(1) Any employer who-
(a)
enters into any agreement or contract or gives any remuneration
for employment contrary to this Part or declared by this Part to
be illegal or unlawful; or
(b)
makes any deduction from the wages of any worker or receives any
payment from any worker contrary to this Part; or
(c)
contravenes section 6 (2), 7, 13 (3), (5) or (7), 14 or 18 (3) of
this Act,
shall
be guilty of an offence and liable on conviction to a fine not
exceeding N800 or, for a second or subsequent offence, to a fine
not exceeding N500.
(2)
Where an employer is charged with an offence under subsection (1) of
this section-
(a)
he shall be entitled, upon information duly laid by him, to have
any other person whom he charges as the actual offender brought
before the court at the time appointed for hearing the charge; and
(b)
if, after the commission of the offence has been proved, the
employer proves to the satisfaction of the court that he has used
due diligence to enforce this Part and that the other person has
committed the offence without the employer's knowledge, consent or
connivance, the other person shall be convicted of the offence and
the employer shall be exempted from any liability.
(3)
Where it is made to appear to the satisfaction of the Minister at the
time of the discovery of an apparent offence under subsection (1) of
this section-
(a)
that the employer in question has used due diligence to enforce
this Part;
(b)
by what person the offence had been committed; and
(c)
that the offence has been committed without the knowledge,
connivance or consent of the employer, the Minister shall proceed
against the person whom he believes to be the actual offender in
the first instance without first proceeding against the employer.
22.
(1) Nothing in this Part shall apply to a worker who is the father,
mother, husband, wife, son or daughter of the employer.
(2)
Nothing in this Part of this Act shall apply to any body of persons
working on any agreement of co-operation.
Part
II
Recruiting
Recruiters
and recruiting generally
23.
(1) Subject to this section and section 48 of this Act, no person or
association shall recruit any citizen for employment as a worker in
Nigeria or elsewhere except in pursuance of an employer's permit or
recruiter's licence.
(2)
Where a worker-
(a)
is employed by an undertaking for which it is proposed that he
should recruit other workers;
(b)
is formally commissioned in writing by his employer to recruit
other workers for the undertaking;
(c)
does not receive any remuneration or other advantage from the
recruiting; and
(d)
does not make advances of wages to the workers he recruits,
the
Minister may waive the need for a permit or licence under subsection (1)
of this section and issue to the worker certificate to recruit citizens
for service as workers in Nigeria, subject to such conditions (which
shall be endorsed on the certificate) as the Minister thinks fit.
(3)
If any worker to whom a certificate has been issued under subsection
(2) of this section is convicted of an offence under section 46 or 47
of this Act, the Minister may forthwith cancel the certificate.
24.
(1) If any person is desirous of
recruiting-
(a)
for himself or any other person; or
(b)
for any association of employers; or
(c)
for a public authority; or
(d)
for the government of any country outside Nigeria, the services of
any citizen as a worker in Nigeria or elsewhere, he may apply in
writing to the Minister giving the particulars specified in
subsection (2) of this section.
(2)
The particulars referred to in subsection (1) of this section are-
(a)
the number of workers required;
(b)
the place where the work is to be performed;
(c)
the nature of the work;
(d)
the wages to be paid;
(e)
the duration of the proposed contract; and
(f)
whether or not it is desired to obtain the workers through a
recruiter.
(3)
Where the work is to be performed outside Nigeria, the Minister may
require the production of a letter of recommendation from the
government of the place where the work is to be performed certifying
that the applicant is a fit and proper person to be granted a permit.
(4)
Upon receipt of an application under subsection (1) of this section
and, if required, a letter of recommendation under subsection (3) of
this section, the Minister may grant to the applicant a permit to
engage personally or through a recruiter the number of workers
required (or a smaller number) within such area as may be specified in
the permit.
(5)
The particulars of every permit granted under this section shall be
published in the Federal Gazette, and no such permit shall remain in
force for a longer period than six months from the date of issue.
(6)
It shall be an implied term of every permit granted under this section
that the workers recruited shall be grouped at the place of employment
under suitable ethnical conditions.
(7)
Except in the case of workers recruited for the service of a public
authority, the Minister shall-
(a)
before granting a permit under this section, require security in
such amount as he may think fit (either by way of deposit or
otherwise) to be given by the employer or his agent or both-
(i)
for the payment of the wages and travelling expenses of the
workers about to be recruited;
(ii)
for the payment of any expenses which may be incurred by the
Federal Government in respect of the workers or their families;
and
(iii)
for the payment of any fine which may be imposed upon the
employer under this Part of this Act; and
(b)
endorse upon the permit full particulars of the security given.
25.
(1) The Minister may license fit and proper persons to recruit citizens
in Nigeria for the purpose of-
(a)
employment as workers outside Nigeria; or
(b)
employment as workers in Nigeria:
Provided
that any person who has been granted a licence to recruit citizens
for employment outside Nigeria may also be granted a licence to
recruit citizens for employment inside Nigeria.
(2)
A licence granted under this section shall be valid for a period of
twelve months from the date of issue, and notification of the grant
shall be published in the Federal Gazette.
(3)
The grant of a licence under this section may be made subject to such
conditions and restrictions as the Minister may think fit; and any
such conditions or restrictions shall be endorsed upon the licence.
(4)
Every applicant for a licence under this section shall, if so required
by the Minister, furnish such financial or other security for his
proper conduct as may be required.
(5)
The Minister may at any time-
(a)
suspend a licence granted under this section pending the result of
any investigation into any alleged irregularity; and
(b)
withdraw the licence if the licensee has been convicted of any
offence under this or any other law or has otherwise so conducted
himself as in the opinion of the Minister to be no longer a fit
and proper person to undertake recruiting operations.
(6)
Where a licence is suspended or withdrawn under subsection (5) of this
section, notification of the suspension or withdrawal shall be
published in the Federal Gazette.
Restrictions
on recruiting
26.
(1) No recruiting operations shall be
conducted in any area in which recruiting is prohibited by the
Minister by order or in a labour health area.
(2)
No recruiter shall recruit workers for service with any person-
(a)
unless that person is in possession of a valid permit granted
under section 24 of this Act; or
(b)
in excess of the number of workers authorized to be recruited by
the permit; or
(c)
from any area or place which is not specified in the permit.
(3)
No public officer shall-
(a)
act as a recruiting agent; or
(b)
exercise pressure upon possible recruits; or
(c)
receive from any source whatsoever any special remuneration or
other special inducement for assistance in recruiting.
27.
(1) Every recruiter shall keep in the
prescribed form records from which the regularity of every recruiting
operation and of his own conduct can be verified and shall produce the
records for inspection on demand by an authorized labour officer.
(2)
No person shall assist a recruiter in a subordinate capacity in the
actual recruiting operation unless he has been approved in writing by
the Minister and has been furnished with written authority by the
recruiter; and, where a recruiter's assistant commits an offence under
this Part of this Act, both the assistant and the recruiter shall be
deemed to have committed the offence and shall each be liable on
conviction to the penalty therefor.
(3)
A recruiter who is the agent or assistant of another recruiter-
(a)
shall receive a fixed salary; or
(b)
with the written approval of the Minister, may receive
remuneration calculated at a rate per capita of workers recruited,
the rate being specified in the approval.
(4)
No recruiter shall recruit any young person:
Provided
that the Minister may in writing authorize the recruitment of young
persons whose apparent age exceeds sixteen years with the consent of
the parents or guardian for employment in an occupation appearing to
the Minister not to be injurious to their moral or physical
development, subject to such safeguards relating to their welfare as
may be stated in the authorization.
(5)
No advance in excess of a total sum of ten naira shall be paid to any
recruited worker in respect of wages prior to his employment, and any
advance which is made shall be subject to such conditions as the
Minister may direct either generally or in respect of any particular
case.
(6)
In any case where a recruited worker is not engaged at or near the
place of recruiting, the Minister may in his discretion require,
either generally or in any specific .recruiting operation, the issue
to the worker of a document in writing containing particulars of-
(a)
the identity of the worker;
(b)
the prospective conditions of employment; and
(c)
any advance of wages made to the worker;
and
containing such other particulars as the Minister may consider
necessary.
(7)
The recruiting of the head of a family shall not be deemed to involve
the recruiting of any member of his family.
(8)
Where a worker's family accompanies him to his place of employment
under section 34 or 44 of this Act, he and the members of his family
shall not be separated except at the express request of the persons
concerned.
28.
(1) Every recruited worker shall be medically examined under section 8
of this Act.
(2)
Where a worker has been recruited for employment at a distance from
the place of recruiting or has been recruited for employment outside
Nigeria, the medical examination shall take place as near as may be
convenient to the place of recruiting or, in the case of workers
recruited for employment outside Nigeria, at the last place of
departure from Nigeria.
(3)
The Minister may empower an authorized labour officer before whom
recruited workers are brought under section 33 or 39 of this Act to
permit the departure prior to medical examination of any such worker
in whose case the officer is satisfied that-
(a)
it was and is impossible for the medical examination to take place
near to the place of recruiting or at the place of departure;
(b)
the worker appears fit for the journey and the prospective
employment; and
(c)
the worker will be medically examined on arrival at the place of
employment or as soon as possible thereafter.
(4)
The Minister may in his discretion (and particularly when the journey
of any recruited workers is of such a duration and takes place under
such conditions that the health of the workers is likely to be
affected) require any recruited workers to be examined both before
departure and after arrival at the place of employment.
(5)
The Minister shall ensure that all necessary measures are taken for
the acclimatization and adaptation of recruited workers and for their
immunization against disease, and may issue such directions in that
behalf as he may think fit, either generally or in respect of any
particular recruiting operation.
29.
(1) The recruiter or employer shall provide transport to the place of
employment, except in so far as an authorized labour officer may in
any particular case certify that the provision of transport is
impossible for the whole or any part of the journey.
(2)
The Minister shall issue such directions as he may consider necessary
to ensure that-
(a)
the vehicles and vessels used for the transport of recruited
workers are suitable for the purpose;
(b)
when it is necessary to break the journey for the night, suitable
accommodation is provided;
(c)
in the case of long journeys all necessary arrangements are made
for medical assistance for the recruited workers and for their
welfare;
(d)
where recruited workers have to make long journeys on foot to the
place of employment-
(i)
the length of the daily journey is compatible with the health
and strength of the recruited workers, and
(ii)
if the extent of the movement of labour renders it necessary,
rest camps or rest houses are provided at suitable points on the
main routes and are kept in proper sanitary condition and have
the necessary facilities for medical attention; and
(e)
adequate protection (which may include the provision of separate
accommodation) is afforded during the journey to members of the
family of a recruited worker accompanying him under section 34 or
44 of this Act.
(3)
Where recruited workers have to make long journeys in groups to the
place of employment, they shall be conveyed by a responsible person
approved by an authorized labour officer.
(4)
The Minister may make regulations prescribing the conditions under
which recruited workers may be transported by road, sea or air and,
without prejudice to the generality of the foregoing, any such
regulations may make provision for compliance with Nigerian
immigration laws and for the recovery of any expenses incurred by the
Federal Government in repatriating any worker.
30.
(1) The expenses of the journey of recruited workers to the place of
employment, including all expenses incurred for their welfare during the
journey, shall be borne by the recruiter or the employer.
(2)
The recruiter shall furnish recruited workers with everything
necessary for their welfare during the journey to the place of
employment, including particularly, as local circumstances may
require, adequate and suitable supplies of food, drinking water, fuel,
cooking utensils, clothing and blankets.
(3)
The Minister may issue directions, either generally or in respect of
any particular recruiting operation, for the proper implementation of
subsection (2) of this section.
(4)
The Minister may by order apply all or any of the provisions of this
section or any directions issued there under, either generally or in
any particular case, to the recruitment of workers under a certificate
issued pursuant to section 23 of this Act and to the worker-recruiter
and employer concerned.
31.
(1) Any recruited worker who-
(a)
becomes incapacitated by sickness or accident during the journey
to the place of employment; or
(b)
is found on medical examination to be unfit for employment; or
(c)
for a reason for which he is not responsible, is not engaged after
being recruited; or
(d)
is found by an authorized labour officer to have been recruited by
misrepresentation or mistake, shall be repatriated at the expense
of the recruiter or employer.
(2)
Where the family of a recruited worker accompanies him under section
34 or 44 of this Act, sections 27 (6) and 28 of this Act (and any
requirements or directions thereunder) shall apply to the family as
nearly as may be; and, if the worker-
(a)
is repatriated under subsection (1) of this section; or
(b)
dies during the journey to the place of employment, the family
shall be repatriated at the expense of the recruiter or employer.
32.
Upon the completion of any agreement
for a contract of work by a recruited worker, there shall be paid to an
authorized labour officer for the Federal Government by the employer or
his agent in respect of the worker a capitation fee of such sum as may
be fixed, either generally or in respect of any particular recruiting
operation, by the Minister by order.
Recruiting
for employment in Nigeria
33.
(1) No citizen recruited for employment in Nigeria shall be employed
until he has-
(a)
been medically examined under section 8 of this section and passed
fit to perform the work for which he has been recruited; and
(b)
been brought before an authorized labour officer and certified as
properly and duly recruited in accordance with this Part of this
Act.
(2)
An authorized labour officer shall, before issuing a certificate under
subsection (1) (b) of this section, satisfy himself that the contract
conforms with Part I of this Act and that the recruited worker-
(a)
understands and agrees to the terms upon which he is to be
employed;
(b)
has not been subjected to illegal pressure or recruited by
misrepresentation or mistake;
(c)
has been recruited in accordance with this Part of this Act;
(d)
is accompanied by such members of his family as he wishes to take
with him under section 34 of this Act;
(e)
subject to section 27 (4) of this Act, is of or above the age of
eighteen years; and
(f)
has been medically examined and passed fit to perform the work for
which he has been recruited.
34.
(1) Any citizen who is recruited for service in Nigeria may be
accompanied to his place of employment and attended during his
employment there by such members of his family (not exceeding two
wives and such of his children as are under the age of sixteen years)
as he wishes to take with him
(2)
No person shall induce or attempt to induce any recruited worker not
to require to be accompanied by members of his family under subsection
(1) of this section, or prevent or attempt to prevent those members
from so accompanying the worker.
(3)
Notwithstanding subsection (1) of this section, the Minister may by
order, either generally or in respect of any particular recruiting
operation, limit the number of wives and children who may accompany a
recruited worker.
35.
(1) The Minister may in his discretion allow the payment of wages due
to a recruited worker who is engaged for employment within Nigeria to
be deferred until the completion of his contract:
Provided
that not more than one-half of each month's wages shall be so deferred.
(2)
Where an employer is authorised to defer the wages of a worker under
subsection (1) of this section-
(a)
the Minister may require the employer either to deposit a sum of
money by way of security, or to enter into it bond in such form as
the Minister thinks fit for the due payment of the deferred wages;
and
(b)
on completion of the contract the amount of the deferred wages
shall be paid to the worker at such place and in such manner as
the Minister may direct.
36.
The National Council of Ministers may by order prohibit the recruitment
or engagement of citizens for employment outside Nigeria in any
territory named in the order.
37.
Where there is in existence a treaty, convention or other international
agreement between Nigeria and any other country relating to the
recruitment of citizens for employment outside Nigeria, the National
Council of Ministers may by order give the force of law to all or any of
the provisions of the agreement in place of or in addition to sections
38 to 44 of this Act or any particular provisions of those sections.
38.
(1) The period of a foreign contract shall be in accordance with the
terms of any agreement entered into between Nigeria and any other
country for the purpose of the recruitment in Nigeria of Nigerian
workers for service in the country concerned, and subject thereto, a
foreign contract shall not be for a longer period than-
(a)
one year, if the worker is not accompanied by his family; or
(b)
two years, if the worker is accompanied by his family.
(2)
Within thirty days after the expiration of a foreign contract, the
employer to whom the employer's permit was granted under section 24 of
this Act (or the agent of that employer) shall offer to provide the
worker with a return passage for himself and his family, if any, to
the place of recruitment, together with proper accommodation and
maintenance on the journey.
(3)
If, while a worker under a foreign contract is on a journey or voyage-
(a)
the period expressed in his contract for the duration of the
contract expires; or
(b)
he gives notice to terminate the contract, the employer may
prolong the contract for a period not exceeding one month for the
purpose of completing the journey or voyage.
39.
(1) No citizen shall leave Nigeria under a foreign contract to serve
as a worker outside Nigeria unless he has been-
(a)
medically examined under section 8 of this Act and passed fit to
perform the work for which he was engaged; and
(b)
brought before an authorized labour officer and certified by that
officer as duly recruited in accordance with this Part of this
Act.
(2)
Before issuing a certificate under subsection (1) (b) of this section,
an authorized labour officer shall satisfy himself that-
(a)
a valid contract for employment of the citizen has been duly
entered into in accordance with section 40 of this Act;
(b)
the citizen has obtained-
(i)
the consent in writing of the local government authority within
whose jurisdiction he ordinarily resides signified before an
administrative officer, and a certificate in writing from the
administrative officer to that effect, or
(ii)
if the citizen does not ordinarily reside within the
jurisdiction of a local government authority, the consent in
writing of an administrative officer;
(c)
the citizen has not been subjected to illegal pressure or
recruited by misrepresentation or mistake;
(d)
the citizen has been recruited in accordance with this Part of
this Act;
(e)
the citizen is of or above the proper age for recruitment in
accordance with section 27 (4) of this Act; and
(f)
the citizen has been medically examined under section 8 of this
Act and passed fit to perform the work for which he has been
recruited.
(3)
An administrative officer shall not give a certificate or his consent
under subsection (2) (b) of this section unless he is reasonably
satisfied with regard to the citizen concerned-
(a)
that the citizen is not abandoning wives, children or other
relatives dependent upon him for maintenance and that due
provision has been made for the maintenance during the citizen's
absence of any persons dependent upon him; and
(b)
that the citizen's absence from Nigeria is not obviously
inconsistent with engagements into which he has previously entered
or with obligations imposed by law, custom or usage.
40.
(1) Every foreign contract shall, in addition to any terms or
conditions required to be inserted by any other provision of this Act,
contain terms or conditions-
(a)
providing for workers to have one day free of work in each week;
(b)
providing for a daily ration of food to be provided free;
(c)
providing for-
(i)
rations and half pay to be given from the date of recruitment to
the date of departure from Nigeria, and full pay and rations
thereafter, and
(ii)
full pay and rations to be given on the return journey up to
disembarkation in Nigeria, and rations and half pay to be given
from the point of disembarkation to the place of recruitment;
(d)
providing for one half (or such other proportion as may be
specified in the contract) of his wages to be paid monthly to the
worker direct in lawful currency, and for the remaining portion to
be remitted to an authorized labour officer in the area in which
the worker was recruited for payment to the worker on his return
to his home;
(e)
giving particulars of the clothing, blankets, cooking utensils,
fuel and housing accommodation to be furnished by the employer
free of charge;
(f)
giving particulars of the medical attention and housing
accommodation to be provided by the employer free of charge;
(g)
giving particulars of the transport to be provided free to the
worker from and to the place of recruitment and the place of
employment;
(h)
giving particulars of the arrangements to be made with regard to
the provision of rations and the matters mentioned in paragraphs
(e), (f) and (g) of this subsection to members of families
authorized to accompany workers;
(i)
giving particulars of the terms and conditions of repatriation of
workers and their families and of the procedure to be followed in
case of a refusal of repatriation;
(j)
giving particulars of the procedure to be followed in case of the
death or desertion of or other casualty to the worker, with
particular reference to-
(i)
the payment of any wages due to him,
(ii)
the distribution of any moneys in the hands of an authorized
labour officer, and
(iii)
the reporting of the death, desertion or other casualty to the
proper authorities;
(k)
giving particulars of the deductions which may be made from the
wages of the worker and the worker's rights of appeal;
(l)
giving particulars of the procedure to be followed for the
dismissal of the worker for inefficiency arising from sickness or
for any other reason, and of his rights under that procedure; and
(m)
specifying the terms of re-engagement.
(2)
Every foreign contract shall be made in triplicate and entered into in
the presence of an authorized labour officer, who shall-
(a)
upon the production to him of the employer's permit authorizing
the engagement of the worker in question, cause the contract to be
read over to the worker or, if the worker is unable to understand
the language in which the contract is written, to be translated
orally into a language which is understood by the worker; and
(b)
if he is satisfied that the contract is fully understood and
voluntarily entered into by the worker, certify by endorsement on
the contract that he has carried out the provisions of this
subsection and that the worker has been duly recruited under this
Part of this Act; and
(c)
enter on the employer's permit the number of workers engaged there
under.
(3)
The Minister shall ensure that a copy of every foreign contract is
transmitted as soon as may be to the government of the territory in
which the place of employment is situated.
(4)
An authorized labour officer shall keep a register of-
(a)
the name and place of abode of every worker entering into a
foreign contract before him under subsection (2) of this section;
(b)
the date and duration of the contract;
(c)
the place of employment thereunder;
(d)
the name of the employer and his agent, if any; and
(e)
the nature of the employment, and the register (or a copy of any
entry therein certified as a true copy by that or another
authorized labour officer) shall be received in any court as
evidence of the facts stated therein without further proof.
41.
Where in relation to a foreign
contract-
(a)
the full number of workers authorized by the employer's permit has
been engaged; or
(b)
the period for which the permit was issued has expired,
the
permit shall be surrendered to an authorized labour officer for
transmission forthwith to the Minister.
Embarkation
check
42.
Where a foreign contract is entered
into before an authorized labour officer under section 40 (2) of this
Act-
(a)
the employer or his agent shall supply the authorized labour
officer with a list of all the workers engaged under the contract;
(b)
the authorized labour officer shall transmit the list as soon as
possible to the officer in charge of police at the port of
embarkation; and
(c)
the said officer in charge of police (or a police officer acting
under his direction) shall-
(i)
superintend the embarkation of the workers,
(ii)
cause each worker to report himself so that his name may be
checked with the list, and
(iii)
on completion of the check, report to the authorized labour
officer the fact of completion and such other matters in
connection with the embarkation as he thinks necessary.
Exemption
from customs on repatriation
43.
The personal effects and tools
belonging to workers (or members of their families) who-
(a)
have left Nigeria in pursuance of a foreign contract; and
(b)
are repatriated either by the employer or his agent or by the Federal
Government,
shall
be exempt from customs duties.
44.
Where a worker is recruited for employment outside Nigeria, it shall be
the duty of the employer to provide facilities at his own expense to
enable the worker's family (not exceeding two wives and such of his
children under the age of sixteen years as he wishes to accompany him)
to accompany him to the place of employment and to remain there for the
full duration of the contract:
Provided
that, if the contract is for less than one year, provision may be made
for the family to remain for less than the full duration of the
contract.
Enforcement
provisions
.
45.
(1) No person shall by fraud, falsehood, intimidation, coercion or
misrepresentation induce any worker to enter into a contract under
this Part, and any contract entered into by reason of any such
inducement shall be void, save that the employer or his agent shall be
liable to pay wages due under the contract and to provide for the
return to his place of abode of any worker engaged thereunder,
together with any members of his family who have accompanied him.
(2)
If the employer or his agent fails to pay the wages in question or to
provide for the return of the worker and the members of his family in
accordance with subsection (1) of this section, the wages shall be
paid, and the expenses of the return shall be borne, by the Federal
Government, and real be recovered by that Government from the employer
or his agent by deduction from any deposit or security given under
section 24 (7) of this Act or by civil proceedings.
46.
(1) Any employer who neglects or ill-treats any worker whom he has
contracted to employ in accordance with this Part of this Act shall be
guilty of an offence, and on conviction shall be liable to a fine not
exceeding N500 or to imprisonment for a period not exceeding one year,
or to both.
(2)
Where an employer or his agent is convicted of any offence under
subsection (1) of this section, the convicting court shall report the
case to the Minister, who may by notice in the Federal Gazette cancel
any contract into which the employer or his agent may have entered in
accordance with this Part of this Act.
(3)
Any cancellation under subsection (2) of this section shall have
effect from the date of the publication of the relevant notice.
(4)
Every worker whose contract has been cancelled under subsection (2) of
this section shall be maintained and conveyed to his place of abode
(together with any members of his family who have accompanied him) at
the expense of the Federal Government, and all sums reasonably
expended upon the maintenance and conveyance, together with any wages
due to the worker under the cancelled contract, may be recovered from
the employer or his agent by deduction from any deposit or security
given under section 24 (7) of this Act or by civil proceedings.
(5)
The cancellation of a contract under this section shall not prevent
the taking of legal proceedings in respect of the contract under this
or any other enactment.
47.
(1) Any person who-
(a)
recruits or attempts to recruit any citizen contrary to section 23
of this Act; or
(b)
contravenes or fails to give effect to any special condition or
restriction endorsed on an employer's permit granted under section
24 of this Act, or a recruiter's licence granted to him under
section 25 of this Act; or
(c)
being a holder of a recruiter's licence, recruits citizens for a
person who is not a holder of an employer's permit; or
(d)
induces or attempts to induce, or assists or offers to assist, any
citizen to leave Nigeria in order to be employed as a worker
outside Nigeria otherwise than under a contract which conforms
with section 40 of this Act; or
(e)
engages or offers or agrees to employ or to find employment for
any citizen as a worker outside Nigeria except under a contract
which conforms with section 40 of this Act; or
(f)
fails to surrender to the Minister an employer's permit in the
circumstances mentioned in paragraph (a) and (b) of section 41 of
this Act; or
(g)
contravenes section 26, 27, 29 or 30 of this Act (or any direction
issued thereunder),
shall
be guilty of an offence and on conviction shall be liable to a
fine not exceeding N2,000 or to imprisonment for a period not
exceeding five years, or to both.
(2)
Any employer or employer's agent who fails to offer a return passage
in compliance with section 38 (2) of this Act shall be guilty of an
offence and on conviction shall be liable to a fine not exceeding
N200; and any repatriation expenses incurred by the Federal Government
as a result of the failure may be recovered by that Government from
the employer or employer's agent by deduction from any deposit or
security given under section 24 (7) of this Act or by civil
proceedings.
Application
48.
(1) This Part is additional to and not in derogation of Part 1 of this
Act but shall not apply to the recruiting of citizens for service as
workers m Nigeria if the recruiting-
(a)
is undertaken by or on behalf of an employer who does not employ
more than twenty-five workers; or
(b)
is undertaken within a radius of forty kilometres from the place
of employment,
and
is not undertaken by a professional recruiter, that is to say, a
person who holds a recruiter's licence.
(2)
The Minister may make regulations applying this Part of this Act (with
such modifications, if any, as he thinks appropriate) to labour
contractors that is to say, persons who undertake to provide another
party with the services of workers while themselves remaining the
employers of the workers in question.
Part
III
Special
Classes of Worker and Miscellaneous Special Provisions
Apprentices
49.
(1) The parent or, in the case of an
orphan, the guardian of a young person above the age of twelve years and
under the age of sixteen years may, with the consent of that person
testified by his execution of a written contract of apprenticeship,
apprentice that person to an employer to train him or have him trained
systematically for a trade or employment in which art or skill is
required, or as a domestic servant, for any term not exceeding five
years.
(2)
Where a young person above the age of twelve years and under the age
of sixteen years is without known parents or a guardian, an authorized
labour officer may authorize the apprenticeship of that person and
appoint some fit and proper person to execute the written contract of
apprenticeship and act generally as guardian of that young person.
(3)
Any young person of the age of sixteen years or above not being under
any contract of apprenticeship may apprentice himself for any term not
exceeding five years to any trade or employment in which art or skill
is required.
(4)
The age of any person may, where no register of births is available,
be enquired into and determined by the authorized labour officer
before whom a contract of apprenticeship is attested in accordance
with section 50 of this Act; and the age so determined shall be
conclusive for the purposes of sections 49 to 53 of this Act.
(5)
Every contract of apprenticeship may, with the consent of the parties,
be assigned by the employer.
(6)
A magistrate's court (or, in a State where a magistrate's court has no
civil jurisdiction, a district court) shall have power and
jurisdiction to hear and determine any question arising out of a
contract of apprenticeship or any dispute between any of the parties
to such a contract, whether arising from breach of the contract or
otherwise, and for that purpose shall have all the powers conferred
upon a magistrate's court or district court, as the case may be, by
sections 80 to 85 of this Act.
50.
(1) Every contract of apprenticeship and every assignment thereof shall
be in writing; and no such writing shall be valid unless attested by and
made with the approval of an authorized labour officer certified in
writing under his hand on the contract or assignment.
(2)
Before attesting any contract of apprenticeship, an authorized labour
officer shall-
(a)
ascertain that the apprentice has consented to the contract and
that his consent has not been obtained by coercion or undue
influence or as the result of misrepresentation or mistake; and
(b)
satisfy himself that-
(i)
the apprentice has been medically examined and certified by a
qualified medical practitioner to be physically and mentally fit
to be employed and trained in the employment specified in the
contract,
(ii)
the parties to the contract have fully understood the terms of
the contract before signing it or otherwise indicating consent,
(iii)
provision has been made in the contract as to the manner in
which any remuneration in cash or otherwise due to the
apprentice shall be determined and as to the scale of increase
in remuneration during the course of the apprenticeship,
(iv)
provision has been made in the contract for payment of
remuneration to the apprentice during illness and during
holidays, if any,
(v)
where the apprentice is unable by reason of his apprenticeship
to return to his home at the end of each day, the contract
contains adequate provision to ensure that the apprentice is
supplied with food, clothing, accommodation and medical
attention, and
(vi)
the terms of the contract are in accordance with any regulations
made under section 52 of this Act.
51.
If any person with whom an apprentice
has been placed, retains the apprentice in his service after the
stipulated period of service has expired without any agreement between
the parties for the payment of wages, the apprentice shall be entitled
to recover from the person so retaining him wages at the ordinary
current rate payable for service similar to that performed by the
apprentice.
52.
The Minister may make regulations
providing for-
(a)
the form of contracts of apprenticeship, the terms and conditions
upon which contracts of apprenticeship may be lawfully entered
into and the duties and obligations of apprentices and their
masters;
(b)
the registration of contracts of apprenticeship with a specified
officer;
(c)
the number of apprentices who may be apprenticed during a
specified period in any specified trade or employment;
(d)
the technical and other qualifications of employers entitling them
to take and train apprentices;
(e)
the conditions governing the entry of persons over twelve and
under sixteen years of age into apprenticeship;
(f)
the mutual rights and obligations of employer and apprentice;
(g)
the supervision to be established over apprenticeship, with a view
to ensuring in particular that the regulations governing
apprenticeship and the terms of any contract of apprenticeship are
observed, that the training is satisfactory and that there is
reasonable uniformity in the conditions of apprenticeship; and
(h)
the holding of examinations of apprentices on the expiry of the
period of apprenticeship and, where necessary, in the course of
apprenticeship, determining the methods of organizing the
examinations and the issue of certificates based on the results
thereof.
53.
(1) Any person who removes or attempts to remove any apprentice who
is above the age of twelve years and under the age of sixteen years from
Nigeria without the authority in writing of the Minister shall be guilty
of an offence and on conviction shall be liable to a fine not exceeding
N500 or to imprisonment for a period not exceeding one year, or to both.
(2)
Any person who employs an apprentice for more than six months on a
contract which has not been attested under section 50 of this Act or
induces or attempts to induce any apprentice to quit the service of
his employer shall be guilty of an offence and on conviction shall be
liable to a fine not exceeding N200 or to imprisonment for a period
not exceeding six months, or to both.
Employment
of women
54.
(1) In any public or private industrial
or commercial undertaking or any branch thereof, or in any agricultural
undertaking or any branch thereof, a woman-
(a)
shall have the right to leave her work if she produces a medical
certificate given by a registered medical practitioner stating
that her confinement will probably take place within six weeks;
(b)
shall not be permitted to work during the six weeks following her
confinement;
(c)
if she is absent from her work in pursuance of paragraph (a) or
(b) of this subsection and had been continuously employed by her
then employer for a period of six months or more immediately prior
to her absence, shall be paid not less than fifty per cent of the
wages she would have earned if she had not been absent; and
(d)
shall in any case, if she is nursing her child, be allowed half an
hour twice a day during her working hours for that purpose.
(2)
Subsection (1) (c) of this section shall have effect notwithstanding
any law relating to the fixing and payment of a minimum wage.
(3)
No employer shall be liable, in his capacity as an employer, to pay
any medical expenses incurred by a woman during or on account of her
pregnancy or confinement.
(4)
Where a woman-
(a)
is absent from her work in pursuance of subsection (1) (a) or (b)
of this section; or
(b)
remains absent from her work for a longer period as a result of
illness certified by a registered medical practitioner to arise
out of her pregnancy or confinement and to render her unfit for
work, then, until her absence has exceeded such a period (if any)
as may be prescribed, no employer shall give her notice of
dismissal during her absence or notice of dismissal expiring
during her absence.
(5)
In subsection (1) (d) of this section, "child" includes both
a legitimate and an illegitimate child.
55.
(1) Subject to this section, no woman shall be: employed on night work
in a public or private industrial undertaking or in any branch
thereof, or in any agricultural undertaking or any branch thereof.
(2)
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.
(3)
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 o'clock in
the evening and five o'clock in the morning; and
(b)
as respect agricultural undertakings, a period of at least nine
consecutive hours including the interval between nine o'clock in
the evening and four o'clock in the morning.
(4)
The Minister may by order permit the eleven-hour period mentioned in
subsection (3) (a) of this section to be reduced to ten hours on not
more than sixty days in any one year in respect of any industrial
undertaking if he is satisfied that the undertaking is influenced by
the seasons of the year or that the reduction is necessary because of
special circumstances.
(5)
The Minister may by order exclude from the application of this
section, those women covered by a collective agreement in force which
permits night work for women, but before making such an order the
Minister shall satisfy himself that adequate provision exists for the
transportation and protection of the women concerned.
56.
(1) Subject to subsection (2) of this section, no woman shall be
employed on underground work in any mine.
(2)
Subsection (1) of this section shall not apply to-
(a)
women holding positions of management who do not perform manual
labour; or
(b)
women employed in health and welfare services; or
(c)
women who in course of their studies spend a period of training in
underground parts of a mine; or
(d)
any other women who may occasionally have to enter the underground
parts of a mine for the purposes of a non-manual occupation.
57.
The Minister may make regulations prohibiting or restricting, subject to
such conditions as may be specified in the regulations, the employment
of women in any particular type or types of industrial or other
undertakings or in any process or work carried on by such undertakings.
58.
(1) Any person, who, being the proprietor, owner or manager of any
industrial, commercial or agricultural undertaking, contravenes any
provision of section 54 of this Act shall be guilty of an offence and on
conviction shall be liable to a fine not exceeding N200 or to
imprisonment for a period not exceeding three months, or to both.
(2)
Any person who employs a woman in contravention of section 55 (1) or
56 (1) of this Act shall be guilty of an offence and on conviction
shall be liable to a fine not exceeding N100 or to imprisonment for a
period not exceeding one month, or to both.
Young
persons
59.
(1) No child shall-
(a)
be employed or work in any capacity except where he is employed by
a member of his family on light work of an agricultural,
horticultural or domestic character approved by the Minister; or
(b)
be required in any case to lift, carry or move anything so heavy
as to be likely to injure his physical development.
(2)
No young person under the age of fifteen years shall be employed or
work in any industrial undertaking:
Provided
that this subsection shall not apply to work done by young persons in
technical schools or similar institutions if the work is approved and
supervised by the Ministry of Education (or corresponding department
of government) of a State.
(3)
A young person under the age of fourteen years may be employed only-
(a)
on a daily wage;
(b)
on a day-to-day basis; and
(c)
so long as he returns each night to the place of residence of his
parents or guardian or a person approved by his parents or
guardian:
Provided
that, save as may be otherwise provided by any regulations made
under section 65 of this Act, this subsection shall not apply to a
young person employed in domestic service.
(4)
No young person under the age of sixteen years shall be employed in
circumstances in which it is not reasonably possible for him to return
each day to the place of residence of his parent or guardian except-
(a)
with the approval of an authorized labour officer; and
(b)
on a written contract (which, notwithstanding any law to the
contrary, shall not be voidable on the ground of incapacity to
contract due to infancy) conforming with Part I of this Act:
Provided
that, save as may be otherwise provided by any regulations made
under section 65 of this Act, this subsection shall not apply to a
young person employed in domestic service.
(5)
No young person under the age of sixteen years shall be employed-
(a)
to work underground; or
(b)
on machine work; or
(c)
on a public holiday.
(6)
No young person shall be employed in any employment which is injurious
to his health, dangerous or immoral; and, where an employer is
notified in writing by the Minister (either generally or in any
particular case) that the kind of work upon which a young person is
employed is injurious to the young person's health, dangerous, immoral
or otherwise unsuitable, the employer shall discontinue the
employment, without prejudice to the right of the young person to be
paid such wages as he may have earned up to the date of
discontinuance.
(7)
No person shall continue to employ any young person under the age of
sixteen years after receiving notice either orally or in writing from
the parent or guardian of the young person that the young person is
employed against the wishes of the parent or guardian:
Provided
that this subsection shall not apply to a young person employed under
a written contract entered into with the approval of an authorized
labour officer.
(8)
No young person under the age of sixteen years shall be required to
work for a longer period than four consecutive hours or permitted to
work for more than eight working hours in any one day:
Provided
that, save as may be otherwise provided by any regulations made under
section 65 of this Act, this subsection shall not apply to a young
person employed in domestic service.
60.
(1) Subject to this section, no young person shall be employed during
the night.
(2)
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.
(3)
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.
(4)
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.
(5)
For the purposes of subsection (4) (b) of this section, the Minister
may prescribe different intervals for different areas, industries,
undertakings or branches of industries or undertakings, but shall
consult the employers' and workers' associations or organizations
concerned before prescribing an interval beginning after eleven
o'clock in the evening.
61.
(1) No young person under the age of
fifteen years shall be employed in any vessel, except where-
(a)
the vessel is a school or training vessel and the work on which
the young person is employed is-
(i)
work of a kind approved by the Minister, and
(ii)
supervised by a public officer or by a public department; or
(b)
only members of the young person's family are employed.
(2)
No young person shall be employed in a vessel as a trimmer or stoker:
Provided
that, where a trimmer or stoker is required in a place in which only
young persons are available, young persons of and over the age of
sixteen years may be employed in that capacity, so however that two
such young persons shall be engaged and employed in the place of each
trimmer or stoker required.
(3)
No young person shall be employed in any vessel other than a vessel in
which only persons of his family are employed unless he is in
possession of a certificate signed by a registered medical
practitioner to the effect that he is fit for the employment or work;
and, where such a certificate is issued, then-
(a)
subject to paragraph (b) of this subsection, the certificate shall
be valid for one year from the date of issue, or, if it would
otherwise expire in the course of a voyage, until the end of the
voyage in question; and
(b)
the certificate may at any time be revoked by a qualified medical
practitioner if he is satisfied that the young person is no longer
fit for the employment or work.
(4)
There shall be included in every agreement with the crew of a vessel a
list of young persons who are members of the crew, together with
particulars of the dates of their births; and, in the case of a vessel
in which there is no such agreement, the master shall keep a register
(which shall at all times be open to inspection by an authorized
labour officer or customs officer) of such young persons as may be
employed in the vessel with particulars of the dates of their births
and the dates on which they became or ceased to be members of the
crew.
(5)
In this section-
"customs
officer" means any person employed in the Department of Customs
and Excise, or for the time being performing duties in relation to
customs and excise;
"vessel"
includes floating craft of every description except ships of war.
62.
Every employer of young persons in an
industrial undertaking shall keep a register of all young persons in his
employment with particulars of their ages, the date of employment and
the conditions and nature of their employment and such other particulars
as may be prescribed, and shall produce the register for inspection when
required by an authorized labour officer.
63.
The Minister may make regulations-
(a)
exempting any occupation which forms part of an industrial
undertaking from all or any of the provisions of sections 59 to 62
of this Act or any regulations made under this section;
(b)
providing for the registration and identification of young
persons;
(c)
prescribing the records to be kept and the returns to be made by
employers of young persons;
(d)
further restricting the employment of young persons in specified
occupations;
(e)
prescribing additional conditions upon which young persons may be
engaged or employed; and
(f)
making further provision for the care of young persons by
employers.
64.
( 1) Any person who employs a
young person in contravention of sections 59 to 62 of this Act or any
regulations made under section 63 of this Act, the proprietor, owner
and manager of any undertaking in which a young person is so employed
and any parent or guardian of a young person who permits the young
person to be so employed shall be guilty of an offence and on
conviction shall be liable to a fine not exceeding N100.
(2)
If in the case of a charge for an offence under subsection (1) of this
section it is alleged by the person conducting the prosecution that
the person in respect of whom the offence was committed was under the
age of twelve, fourteen, fifteen, sixteen or eighteen years at the
date of commission of the alleged offence, the magistrate or other
person presiding at the hearing shall, after such enquiry as he may
think necessary and after hearing any evidence that may be tendered by
any party to the proceedings, determine the age of the young person;
and any such determination shall be final.
Domestic
service
65.
The Minister may make regulations
providing for-
(a)
the engagement, repatriation or supervision of domestic servants;
(b)
the employment of women and domestic servants;
(c)
the housing accommodation and sanitary arrangement of domestic
servants; and
(d)
the conditions of domestic service generally.
Labour
health areas
66.
Where the Minister is satisfied that an
industrial or agricultural undertaking is situated in an area which,
having regard to the existing medical and health conditions and
facilities, water supplies and communications, is remote and isolated,
he may by order declare the area a labour health area; and, during the
period of employment of any worker in a labour health area, the employer
shall provide such facilities and make such arrangements as may be
specified by regulations made under section 67 of this Act, and shall
otherwise comply with the requirements of any such regulations.
67.
The Minister, in respect of labour
health areas or any particular labour health area, may make regulations
for-( (a) the planning and layout of towns and villages;
(b)
the construction of streets, lanes, buildings, markets, open
places, drains, latrines, incinerators, wells and tanks;
(c)
the provision of housing accommodation for workers, the provision
of sanitary arrangements for, and the inspection of, that
accommodation, and the limitation of the number of persons or
class of persons who may reside in any house;
(d)
the supply of water, food and fuel;
(e)
the examination of workers by medical officers, that is to say,
registered medical practitioners in the service of a public
authority or other registered medical practitioners authorized as
medical officers by the Minister for the purposes of this
paragraph;
(f)
the measures to be taken to prevent the introduction or spreading
of infectious and contagious diseases;
(g)
the compulsory employment of qualified medical practitioners by
employers;
(h)
the compulsory erection and proper staffing, control and equipping
of hospitals by employers and, in default thereof, the recovery
from employers of the cost of medical attendance provided by the
Federal Government and of the erection and maintenance of any
hospitals erected by that Government;
(i)
requiring employers to make arrangements with hospital authorities
for the medical and surgical treatment of their workers
(including, where necessary, accommodation and food in hospital)
and to provide any necessary transport for sick or injured
workers;
(j)
prescribing-
(i)
the matters for which the arrangements mentioned in the
preceding paragraph shall provide,
(ii)
the officer by whom those arrangements are to be approved, and
(iii)
the charges which may be made by the hospital authority and the
period (not exceeding six weeks) for which the employer shall be
liable for those charges;
(k)
the keeping of medical attendance registers;
(l)
the furnishing of returns of-
(i)
the numbers of workers employed either above or below ground and
the nature of their employment,
(ii)
casualties by way of injury, disease or death, and
(iii)
such other matters as the Minister may consider necessary to
ensure that the health and welfare of workers are properly
attended to;
(m)
prescribing fees to be paid for any matter or thing to be done
under the regulations;
(n)
prescribing-
(i)
penalties for offences under the regulations not exceeding a
fine of N1,500 or imprisonment for a period of two years, or
both, and
(ii)
additional penalties for continuing offences not exceeding in
the aggregate a fine of N1,500 or imprisonment for a period of
two years, or both; and
(o)
where any structure is built, renewed, reconstructed or altered in
contravention of the regulations-
(i)
providing for the service of notice of the contravention on the
offending person,
(ii)
enabling a specified officer or authority, in default of
remedial action being taken in consequence of the notice, to
enter the relevant premises and take such remedial action as he
considers necessary, and
(iii)
providing for the recovery of any expenses incurred by the
officer or authority in doing so.
Registration,
employment exchanges, etc.
68.
(1) The Minister may make regulations for the registration of employers.
(2)
Regulations made under this section may-
(a)
provide for the registration of employers (or specific classes of
employers) generally or in specific areas to be prescribed in the
regulations;
(b)
prescribe the manner of, and conditions for, registration and the
person by whom and the manner in which the register is to be
maintained;
(c)
prescribe the circumstances in which employers may be refused
registration or struck off the register;
(d)
without prejudice to the generality of paragraph (c) of this
subsection, provide for employers to be refused registration or to be
struck off the register, as the case may be, if they Fail to comply
with conditions specified in the regulations;
(e)
prohibit the employment of citizens as workers by unregistered
employers;
(f)
impose penalties for contraventions of the regulations not exceeding a
fine of N1,500 or imprisonment For a period of two years, or both; and
(g)
contain such incidental or related provisions as the Minister thinks
necessary or expedient.
69.
(1) Where the Minister has agreed
with the representatives of the employers' and workers' organisations
within an industry or area as to the desirability of establishing a
scheme for labour within that industry or area he may make an order,
if he thinks fit, in respect of the industry or area in question.
(2)
Where an order is made under subsection (1) of this section in respect
of an industry or area-
(a)
it shall be the duty of every employer who is engaged in the industry
or ordinarily has a place of business in the area, as the case may be,
to apply for registration in accordance with any regulations made
under subsection (5) of this section;
(b)
every industrial worker under the age of fifty-five years who is
employed in the industry or, as the case may be, is ordinarily
resident in the area shall be liable to compulsory registration under
those regulations if an order is made in respect of him under
paragraph (c) of this subsection;
(c)
the Minister may by order require any class or classes of industrial
workers to whom paragraph (b) of this subsection applies to present
themselves for registration in such manner, at such place and within
such times as may be specified in the order; and
(d)
the Minister may by order forbid such employers as are mentioned in
paragraph (a) of this subsection (or any specified class thereof)-
(i)
to carry on business in the industry or area, as the case may be,
unless they are registered accordingly, or
(ii)
to employ industrial workers (or any specified class thereof) in the
industry or area, as the case may be, unless the workers are
registered accordingly.
(3)
An authorized labour officer, where he is satisfied than an employer
who has not applied for registration in pursuance of subsection (2)
(a) of this section is a person who ought to have done so, may by
notice in writing call upon the employer to apply accordingly.
(4)
For the purposes of subsection (2) (b) of this section, an industrial
worker-
(a)
shall be presumed to be under the age of fifty-five years unless he
satisfies an authorized labour officer to the contrary; and
(b)
if he is present in an area to which an order made under subsection
(1) of this section applies, shall be presumed to be ordinarily
resident in that area unless he satisfies an authorized labour officer
that he is residing there for some temporary purpose only.
(5)
The Minister may make regulations for
the purposes of this section-
(a)
establishing offices for the registration of employers and industrial
workers;
(b)
prescribing forms of application for registration and certificates of
registration, and such other forms as may be needed for the purposes
of the regulations;
(c)
providing for the issue of certificates of registration and their
replacement if lost or destroyed;
(d)
prescribing the particulars to be furnished on application for
registration and on registration;
(e)
prescribing the duties of registered persons and others in respect of
certificates of registration; and
(f)
prescribing fees and providing generally for registration under this
section.
70.
The Minister may make regulations-
(a)
authorizing the establishment of registration offices, to be known as
employment exchanges, at which industrial workers may attend for
registration and make application for employment and to which
employers may notify vacancies;
(b)
providing for the issue of certificates of registration and identity
to registered industrial workers and the replacement, on payment of
such fee as may be prescribed, of any such certificates when lost or
destroyed;
(c)
prescribing the particulars to be furnished on registration;
(d)
providing for the taking of photographs and fingerprints of registered
industrial workers as a means of identification;
(e)
regulating or restricting the numbers of registered industrial workers
employed, either generally or in specified businesses or undertakings;
(f)
prescribing the duties of registered persons and others in respect of
certificates of registration and identity;
(g)
requiring employers in such occupations as may be specified to furnish
returns of such matters relating to the employment of workers as may
be specified; and
(h)
prescribing fees to be charged under the regulations.
71.
(1) No person shall establish or
operate a fee-charging employment agency save with the written consent
of the Minister.
(2)
The Minister may make regulations providing for the supervision and
control of fee-charging employment agencies and prescribing the scale
of fees which they may charge.
(3)
In this section, "fee-charging employment agency" means-
(a)
an agency conducted by any person who acts as an intermediary for
the purpose of procuring employment for a worker or supplying a
worker to an employer with a view to deriving either directly or
indirectly any pecuniary or other material advantage from either
employer or worker; or
(b)
an agency for conducting the placing services of any company,
institution, agency or other organisation which, although the
agency is not conducted with a view to obtaining any pecuniary or
other material advantage, levies from either employer or worker
for those services an entrance fee, a periodical contribution or
any other charge,
but
excludes any organisation for the production of newspapers (or
other publications) which are not produced wholly or mainly for
the purpose of acting as intermediaries between employers and
workers.
72.
(1) Any person who with intent to deceive-
(a)
gives any false particulars for the purposes of section 69 (1) to
(4) of this Act or any regulations made under section 69 (5) or 70
of this Act; or
(b)
forges a registration certificate of the kind provided for in any
such regulations; or
(c)
uses a forged certificate of that kind; or
(d)
lends to or allows to be used by another person a certificate of
that kind; or
(e)
makes or has in his possession any document so closely resembling
a certificate of that kind as to be calculated to deceive; or
(f)
uses or displays a certificate of that kind which has not been
issued to him,
shall
be guilty of an offence and on conviction shall be liable to a
fine not exceeding N1,000 or to imprisonment for a period not
exceeding one year, or to both.
(2)
Any employer or industrial worker who contravenes section 69 (2) of
this Act, any employer who fails to comply with a notice under section
69 (3) of this Act and any person who contravenes section 71 (1) of
this Act shall be guilty of an offence and on conviction shall be
liable to a fine not exceeding N500 or to imprisonment for a period
not exceeding six months, or to both:
Provided
that, in any proceedings under this section for such a contravention
or for a failure to comply with such a notice, it shall be a defence
for the accused to prove that the contravention or failure was due to
circumstances beyond his control.
(3)
In any proceedings under this section in relation to an industry or
area, it shall be presumed until the contrary is proved that the
accused-
(a)
if he is an employer, is engaged in the industry or ordinarily has
a place of business in the area, as the case may be; and
(b)
if he is an industrial worker, is under the age of fifty-five
years and is engaged in the industry or ordinarily resident in the
area, as the case may be.
Forced
labour
73.
(1) Any person who requires any other
person, or l permits any other person to be required, to perform
forced labour contrary to section 31 (1) (c) of the Constitution of,
the Federal Republic of Nigeria shall be guilty of an offence and on
conviction shall be liable to a fine not exceeding N1,000 or to
imprisonment for a period not exceeding two years, or to both.
(2)
Any person who, being a public officer, puts any constraint upon the
population under his charge or upon any members thereof to work for any
private individual, association or company shall be guilty of an offence
and on conviction shall be liable to a fine not exceeding N200 or to
imprisonment for a period not exceeding six months, or to both.
74.
(1) The Minister may make regulations
regulating the requisition of labour of the kind defined in section 31
(2) (c) and (d) (i) of the Constitution of the Federal Republic of
Nigeria (that is to say, labour required in the event of any emergency
or calamity threatening the life or well-being of the community, and
labour that forms part of normal communal or other civil obligations).
(2)
Regulations made under subsection (1) of this section-
(a)
may specify for an offence under the regulations (including a
failure or refusal, without reasonable cause, to render labour
lawfully required thereunder) a fine not exceeding N200 or
imprisonment for a period not exceeding six months, or both, and
as a daily penalty a fine not exceeding N10 or imprisonment for a
period not exceeding seven days, or both; and
(b)
may add to, amend or repeal subsections (3) to (6) of this
section.
(3)
Subject to this section, the prescribed authority may require the
inhabitants of any town or village subject to its jurisdiction to
provide labour for any of the following purposes-
(a)
the construction and maintenance of buildings used for communal
purposes, including markets but excluding juju houses and places
of worship;
(b)
sanitary measures;
(c)
the construction and maintenance of local roads and paths;
(d)
the construction and maintenance of town or village fences;
(e)
the construction and maintenance of communal wells; and
(f)
other communal services of a similar kind in the direct interest
of the inhabitants of the town or village.
(4)
No labour shall be required under subsection (3) of this section unless-
(a)
the inhabitants of the town or village or their direct
representatives have been previously consulted by the prescribed
authority with regard to the need for the proposed service; and
(b)
a majority of the inhabitants or representatives, as the case may
be, has agreed to the requiring of the labour.
(5)
In subsections (3) and (4) of this section "town or village"
excludes a township but includes any area (other than a township)
declared by the Minister by order to be a town or village for the
purposes of this section.
(6)
Any person who does not wish to execute his share of any labour
required under subsection (3) of this section may be excused from
doing so on payment to the prescribed authority of such sum per day,
while the labour is being done, as represents the current daily wage
for unskilled labour.
(7)
Nothing in this section shall be taken to authorize the exaction from
any person of any work or service for which that person does not offer
himself voluntarily where apart from this section the exaction of that
work or service would be illegal.
Part
IV
Supplemental
Records
and returns
75.
(1) It shall be the duty of every employer to keep such records of
wages and conditions of employment as are necessary to show that this
Act is being complied with.
(2)
Without prejudice to the generality of subsection (1) of this section,
every employer shall keep in respect of each of his workers to whom a
statement has been given under section 7 of this Act, a record showing-
(a)
the name and address of the worker;
(b)
his town (or other place) of origin;
(c)
the date of his birth;
(d)
the name and address of his next of kin;
(e)
the date and place of his engagement;
(f)
his National Provident Fund number; and
(g)
the date of cessation of employment.
(3)
Records kept pursuant to subsections (1) and (2) of this section shall
be retained for three years after the time to which they refer.
(4)
Any employer who-
(a)
knowingly and with intent to avoid compliance with any provision of
this Act, omits to keep any or any sufficient record of any
particular wages or conditions of employment, or
(b)
fails to comply with subsection (2) or (3) of this section,
shall
be guilty of an offence and on conviction shall be liable to a fine not
exceeding N200.
76.
(1) The Minister may require returns
and statistics, whether periodical or otherwise, to be furnished by
employers as to the number of persons employed by them in any
particular class of employment and as to the rates of remuneration and
other conditions in that or any other class of employment.
(2)
Any employer who fails to furnish any returns or statistics which he
is required to furnish under subsection (1) of this section shall be
guilty of an offence and on conviction shall be liable to a fine not
exceeding N200.
Administration
77.
(1) The Minister may by writing under his hand authorize-
(a)
any public officer serving in a ministry or department for which
the Minister is responsible; and
(b)
with the consent of the State Authority, any officer in the public
service of a State, to be an authorized labour officer for the
purposes of this Act
(2)
An authorization under subsection (1) of this section may-
(a)
as regards the officer authorized, be made by name or by office;
(b)
relate to the whole of the Federation or any specified part or
parts thereof; and
(c)
relate to the whole of this Act or any specified provision or
provisions thereof.
(3)
No authorized labour officer, except in so far as is necessary for the
purposes of a complaint or prosecution under this Act, shall publish
or disclose to any person the details of any manufacturing, commercial
or working process which may come to his knowledge in the course of
his duties.
(4)
An authorized labour officer shall treat as absolutely confidential
the source of any complaint alleging a contravention of this Act, and
where he visits an employer's premises in consequence of such a
complaint, shall give no indication to the employer or the employer's
representative that the visit was made in consequence of the
complaint.
78.
(1) In addition to any other powers
conferred by this Act, an authorized labour office may for the purpose
of facilitating or ensuring the proper operation of this Act-
(a)
enter, inspect and examine by day or night any labour encampment,
farm, factory or other land or workplace whatsoever (and every
part thereof) if he has reasonable cause to believe that any
worker is employed therein or thereon;
(b)
enter, inspect and examine by day any premises provided by an
employer in which he has reasonable cause to believe that workers
are living;
(c)
enter, inspect and examine any hospital building, sanitary
convenience, messroom or water supply provided for or used by
workers;
(d)
take with him a police officer if he has reasonable cause to
apprehend any serious obstruction in the execution of his
functions;
(e)
require the production of any registers, certificates, notices or
other documents kept in pursuance of this Act and inspect, examine
and copy any of them;
(f)
make such examination and enquiry as may be necessary to ascertain
whether the provisions of this Act are being complied with, so far
as respects any labour encampment, farm, factory or other land or
workplace whatsoever and any person employed therein or thereon;
(g)
inspect and examine all food provided for the use of workers and
take samples thereof, so however that-
(i)
any sample taken in pursuance of this paragraph shall be taken
in duplicate in the presence of the employer of the workers (or,
if the employer is not readily available, in the presence of a
foreman or other responsible person) and shall be labelled and
sealed in the presence of the employer, foreman or other
responsible person, and
(ii)
one sample so labelled and sealed shall be left with the
employer, foreman or other responsible person;
(h)
take or remove for the purpose of analysis samples of materials
and substances used or handled by workers from premises not
covered by the Factories Act, subject to the employer or his
representative being notified and given an opportunity to be
present when the samples are taken;
(i)
interrogate, either alone or in the presence of another person as
he thinks fit, with respect to matters to which this Act relates,
any person whom he finds in or on any labour encampment, farm,
factory or other workplace whatsoever or whom he has reasonable
cause to believe to have been within the preceding three months
employed in or on any labour encampment, farm, factory or other
land or workplace whatsoever, so however that no person shall be
forced to answer any question tending to incriminate himself;
(j)
with the consent in writing of the Minister and subject to any
powers conferred by the Constitution of the Federal Republic of
Nigeria on the Attorney-General or Director of Public Prosecutions
of the Federation or a State, prosecute, conduct or defend before
a magistrate's court, a district court or a court given
jurisdiction under section 80 (2) of this Act in his own name (or,
where he is acting under section 83 (5) of this Act, in the name
of the complainant) any complaint or other proceeding arising
under this Act or otherwise in the exercise of his functions as an
authorized labour officer;
(k)
direct any person who has in his opinion contravened any provision
of this Act, to remedy the contravention within a specified and
reasonable period; and
(l)
direct the posting of a notice in any premises if he is satisfied
that it is necessary or expedient for the proper implementation of
this Act.
(2)
Any person directed to take remedial action under subsection (1) (k)
of this section may, if he is dissatisfied with the direction, within
fourteen days or within any period stated in the direction, whichever
is the less, appeal m writing to the Minister, who may refer the case
for advice to any person or persons considered by him to be suitable
and whose decision shall be final.
(3)
Any person who-
(a)
obstructs an authorized labour officer in the exercise of his
functions under this section or any other provision of this Act;
or
(b)
fails to comply with a direction under subsection (1) (k) of this
section (no appeal having been made under subsection (2) of this
section or any such appeal having been disposed of); or
(c)
fails to comply with a direction under subsection (1) (l) of this
section,
shall
be guilty of an offence and on conviction shall be liable to a
fine not exceeding N1,000 or to imprisonment for a period not
exceeding two years, or to both.
79.
(1) Subject to this section, the Minister may delegate any of his
functions under this Act-
(a)
to a public officer serving in a ministry or department for which
the Minister is responsible; or
(b)
as regards a State, to the Minister in the Government of the State
responsible for labour matters or, with the consent of the State
Authority, to an officer in the public service of the State.
(2)
Subsection (1) of this section does not apply to the power of
delegation conferred by that subsection or to any power to make
regulations or orders.
(3)
A delegation under subsection (1) of this section may be made subject
to such conditions and limitations, if any, as the Minister thinks
fit.
(4)
The delegation of a function under subsection (1) of this section
shall not prevent the Minister from continuing to exercise the
function himself if he sees fit.
Settlement
of disputes
80
(1) A magistrate's court (or, in a
State where a magistrate's court has no civil jurisdiction, a district
court) shall have jurisdiction to hear complaints under section 81 of
this Act.
(2)
Without prejudice to the jurisdiction to hear complaints conferred by
subsection (1) of this section, the Chief Judge of a State with the
concurrence of the State Authority may by order confer jurisdiction to
hear such complaints on area courts or customary courts in the State or
part of the State.
81.
(1) Where-
(a)
an employer or worker neglects or refuses to fulfil a contract; or
(b)
any question, difference or dispute arises as to the rights or
liabilities of a party to a contract or touching any misconduct,
neglect, ill-treatment or injury to the person or property of a
party to a contract,
any
party to the contract feeling himself aggrieved may make complaint
to a court having jurisdiction, which may thereupon issue a
summons to the party complained against (the aggrieved party, the
court, the party complained against and the complaint being
hereafter in this section and in sections 82 to 85 of this Act
referred to as "the complainant", "the court",
"the respondent" and "the complaint"
respectively).
(2)
If the complainant claims an amount beyond the civil jurisdiction of
the court, the court shall forward the complaint to the nearest court
having jurisdiction.
(3)
The court may exercise jurisdiction in the complaint if the respondent
is in its area of jurisdiction at the time the complaint is made,
whether or not the grounds of the complaint arose within that area.
(4)
If at any time after the laying of the complaint it appears to the
court by information on oath that the respondent is about to abscond,
the court may cause him to be arrested and detained in custody unless
he finds security to appear and answer the complaint and to abide by
the decision of the court thereon.
(5)
Where the court is of the opinion that the complaint could more
properly or conveniently be dealt with by civil proceedings, it may,
at any time before giving its final decision on the complaint, order
that the remedy, if any, for the matters complained of shall be by an
action brought in accordance with the law relating to civil
proceedings and not by proceedings under this section.
(6)
This section shall not apply to a trade dispute, that is to say, any
dispute or difference between employers and workers (or between
workers and other workers) connected with-
(a)
the employment or non-employment; or
(b)
the terms of the employment; or
(c)
the conditions of labour,
of
any person.
82.
(1) In dealing with the complaint; the court-
(a)
may adjust and set off one against the other all such claims on
the part of the complainant and the respondent arising out of or
incidental to the relationship between them as the court may find
to be subsisting, whether the claims are liquidated or
unliquidated or for wages, damages or otherwise, and may direct
the payment of such sum as it finds due by one party to the other;
(b)
may direct fulfillment of the relevant contract and, in a case
where damages might be awarded for any breach of contract, may in
place of the whole or part of the damages which would otherwise
have been awarded direct the party committing the breach to give
security to the satisfaction of the court for the due performance
of so much of the contract as remains unperformed;
(c)
if the party receiving a direction under paragraph (b) of this
subsection fails to find security and the court is satisfied that
the failure is not due to the inability of that party to find it,
may commit him to prison (for a period not exceeding three months)
until he finds it;
(d)
may rescind the contract upon such terms as to apportionment of
wages or other sums due thereunder, and as to the payment of wages
or damages or other sums due, as it thinks just; and
(e)
where the court has criminal jurisdiction and it appears to the
court that an employer or worker has been guilty of an offence
under this Act, may in place of or in addition to exercising any
of the powers conferred by paragraphs (a) to (d) of this
subsection pass on the offender any sentence which is authorized
by this Act and is within its criminal jurisdiction.
(2)
Without prejudice to any other method of giving security which the
court may consider appropriate in any particular case, a person may
give security for the purposes of subsection (1) (b) of this section
by making in or under the direction of the court a written or oral
acknowledgment (to be known as a recognizance) of the undertaking or
condition by which and the sum in which he is bound; and any such
recognizance shall be made as nearly as possible in the same way as
recognizances of bail and shall be liable to be forfeited and enforced
in the same way as recognizances of bail.
83.
(1) Subject to this section and the other provisions of sections 81,
82, 84 and 85 of this Act, the law regulating the procedure in
criminal cases (including the law respecting appeals, revisions and
the levying of moneys ordered to be paid) shall apply to the complaint
and any orders for the payment of money made in consequence of the
complaint, so however that-
(a)
the court may order that the law regulating civil proceedings
shall apply to the complaint and any such orders if in any case it
considers that the interests of justice so require; and
(b)
the law regulating civil proceedings shall so apply if the court
has no criminal jurisdiction.
(2)
Where in consequence of the complaint the court makes an order for the
payment of any sum by a public authority, no execution shall be
issued, but the court shall forward a copy of the order-
(a)
if the public authority is the Federal Government, to the Minister
for Finance and Economic Development;
(b)
if the public authority is a State Government, to the Minister for
Finance of that State; and
(c)
in any other case, to the public authority concerned, and it shall
thereupon be the duty of the Minister, person or public authority
in question to ensure that the amount in the order is paid by the
proper officer or department.
(3)
The respondent, if immediately before the hearing of the complaint he
is not in actual custody, shall not be compelled to enter the dock or
other place usually assigned for persons under trial on a criminal
charge or be otherwise treated as under arrest during the hearing of
the complaint:
Provided
that the court may cause the respondent to be arrested and detained in
custody if it is satisfied that it is necessary to do so in order to
secure the attendance of the respondent.
(4)
At the hearing of the complaint the respondent shall be a competent
but not a compellable witness.
(5)
At the request of the complainant, an authorized labour officer who is
entitled to act under section 78 (1) (j) of this Act may represent the
complainant at the hearing of the complaint.
84.
(1) Where the court-
(a)
imposes any fine; or
(b)
directs security by way of deposit to be given; or
(c)
enforces payment of any sum secured by a recognizance,
it
may direct that the fine, deposit or sum when recovered (or such
part thereof as it thinks fit) shall be applied to compensate any
employer or worker for wrong or damage sustained by him by reason
of the act or thing in respect of which the fine was imposed or by
reason of the non-performance of the relevant contract.
(2)
Where it appears to the court that the complainant (being a worker)
has not the means and is otherwise unable to obtain food for himself
pending the determination of the complaint, it may, subject to
subsection (3) of this section, cause the complainant to be supplied
with necessary Food at the expense of the Federal Government.
(3)
Where food is supplied to the complainant under subsection (2) of this
section, the cost of the food shall be a debt due to the Federal
Government from the complainant and may be deducted by the court from
any moneys received by the court for or on behalf of the complainant,
or shall otherwise be paid by the complainant.
85.
(1) Subject to this section, the
process of the court for compelling the attendance of the respondent
and all necessary witnesses shall be instituted at the expense of the
Federal Government and without any fees of court.
(2)
At the final determination of the complaint the court may make such
order for the payment of costs by either party as it thinks proper in
the circumstances.
(3)
If at the hearing of the complaint, the court is of the opinion that
the complaint is vexatious or frivolous it may, there and then and
without any fresh action or proceeding, order that the complainant
shall-
(a)
pay a fine not exceeding N50 and defray the cost of the process
and the witnesses; and
(b)
in default of payment of the fine and costs, be liable to
imprisonment for a period not exceeding one month.
Miscellaneous
86.
The provisions of this Act, other than the penal provisions, shall apply
to and be carried into effect by public authorities:
Provided
that, in times of national emergency and in any other case where he is
satisfied that it is in the public interest to do so, the Minister may
by order exempt any public authority from all or any of the provisions
of this Act for such a period as may be specified in the order.
87.
(1) Subject to this section, nothing
in this Act shall prevent any employer, worker or other person to whom
this Act applies from enforcing his rights or remedies in respect of
any breach or non-performance of any lawful contract made outside
Nigeria, and the rights of the parties under such a contract (both
against each other and against third parties invading those rights)
may be enforced in the same manner as other rights arising outside
Nigeria may be enforced and as if this Act had not been made.
(2)
Whenever a contract made outside Nigeria has been executed in
conformity with this Act, it shall be enforced in the same manner as a
contract entered into under this Act.
(3)
A written contract made outside Nigeria which has been executed
otherwise than in conformity with this Act shall not be enforced
against a worker to whom this Act applies if he is unable to read and
understand the language in which the contract is written.
(4)
For the purposes of this section, a contract shall be deemed to be
executed in conformity with this Act if it is signed by the names or
marks of the parties and bears an attestation to the effect that the
contract was read over and explained to the parties in the presence of
the person attesting and was entered into by the parties voluntarily
and with full understanding of its meaning and effect.
(5)
The attestation referred to in subsection (4) of this section may be
made by any Nigerian official entitled to act under section 12 of the
Oaths Act or by any judicial or other authority authorized by the law
of the place where the contract was made to exercise the functions of
a notary public or equivalent functions.
88.
(1) The Minister may make regulations-
(a)
providing for the payment of compensation by employers to workers
or domestic servants for injury arising out of and in the course
of their employment in cases not coming within the provisions of
any other enactment, and for the recovery of the compensation in
question;
(b)
requiring employers to report any accident involving the death of
or injury to a worker or domestic servant, in cases not coming
within the provisions of any other enactment;
(c)
prescribing the conditions under which carriers may be employed
and the limitation of loads to be carried by them;
(d)
imposing upon persons who have accepted the services of any worker
or domestic servant without paying wages therefore the obligation
to provide for the maintenance of the worker or domestic servant
during sickness or in old age;
(e)
prescribing anything which is to be prescribed under this Act and
is not otherwise provided for;
(f)
prescribing fees to be paid for any matter or thing to be done
under this Act; and
(g)
containing such procedural or ancillary provisions as he considers
necessary or convenient to facilitate the operation of this Act.
(2)
Regulations made under subsection (1) of this section may specify for
an offence under the regulations a fine not exceeding N500 or
imprisonment for a period not exceeding one year, or both.
89.
(1) Nothing in this Act shall-
(a)
operate to relieve any employer or worker of any duty or liability
imposed upon him by any other enactment or to limit any power
given to any public officer by any such enactment; or
(b)
prevent any employer, worker or other person to whom this Act
applies from being proceeded against according to law for any
offence punishable under any law in force in Nigeria, so however
that no person shall be punished twice for the same offence.
(2)
Nothing in this Act shall apply to serving members of the Armed Forces
of the Federation or the Nigeria Police Force.
(3)
The Minister with the prior approval of the National Council of
Ministers may by order exempt (subject to such conditions, if any, as
he sees fit to impose) any class or classes of workers from the
application of this Act or any specified provision thereof.
90.
(1) The Labour Code Act is hereby repealed.
(2)
The transitional and saving provisions in the Schedule to this Act
(including any provisions made under paragraph 5 of that Schedule)
shall have effect notwithstanding subsection (I) of this section or
any other provision of this Act.
91.
(1) In this Act, unless the context otherwise requires-
"administrative
officer" means a divisional officer, a district officer or any
officer exercising corresponding functions;
"agricultural
undertaking" means any undertaking in which a worker is employed
under a contract of employment for the purpose of agriculture,
fisheries, horticulture, silviculture, the tending of domestic animals
and poultry or the collection of the produce of any plants or trees, but
does not include any such undertaking in which only members of the same
family are employed;
"authorized
labour officer" means an authorized labour officer authorized under
section 77 of this Act;
"citizen"
means citizen of Nigeria;
"chief
or other indigenous authority" includes any chief or indigenous
authority whose authority is customary or traditional;
"child"
means a young person under the age of twelve years;
"collective
agreement" means an agreement in writing regarding working
conditions and terms of employment concluded between-
(a)
an organization of workers or an organization representing workers (or
association of such organizations) of the one part; and
(b)
an organization of employers or an organization representing employers
(or an association of such organizations) of the other part;
"collective
bargaining" means the process of arriving or attempting to arrive
at a collective agreement;
"contract"
means contract of employment, and includes a contract of apprenticeship;
"contract
of employment" means any agreement, whether oral or written,
express or implied, whereby one person agrees to employ another as a
worker and that other person agrees to serve the employer as a 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;
"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;
"employer's
permit" means an employer's permit granted under section 24 of this
Act;
"family"
has the same meaning as in the First Schedule to the Workmen's
Compensation Act;
"foreign
contract" means a contract for the employment of a citizen outside
Nigeria;
"function"
includes power and duty;
"guardian"
includes any person to whose care a young person has been committed
(even temporarily) by a person having authority over the young person,
and any person lawfully having charge of a young person who has no
parents or whose parents are unknown;
"industrial
undertaking" includes-
(a)
mines, quarries and other works for the extraction of minerals from the
earth;
(b)
industries in which articles are manufactured, altered, cleaned,
repaired, ornamented, finished, adapted for sale, broken up or
demolished or in which materials are transformed, including shipbuilding
and the generation and transformation of electricity or motive power of
any kind;
(c)
the construction, reconstruction, maintenance, repair, alteration or
demolition of any building, railway, tramway, harbour, dock, canal,
inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well,
telegraph or telephonic installation, electrical undertaking, gasworks,
waterworks, or other works of construction, as well as the preparation
for or the laying of the foundation of any such work or structure; and
(d)
transport of passengers or goods by road, rail, air, sea or inland
waterways, including the handling of goods at docks, quays, wharves,
warehouses and airports, and including the carrying of coal or other
materials by hand to or from lighters or ships,
but
does not include any commercial or agricultural undertaking, any
undertaking in which only members of the same family are employed or any
customary occupation of a kind normally carried on at home;
"industrial
worker" includes any artificer, journeyman, handicraftsman,
canoeman, carrier, messenger, clerk, shop assistant, storekeeper,
labourer, agricultural labourer, hotel or catering worker or apprentice
and any person or class of persons gainfully employed or normally
seeking a livelihood by gainful employment declared to be such by the
Minister by order; "industry" includes trade;
"labour
health area" means a labour health area declared under section 66
of this Act;
"Local
Government" means a Local Government authority, the local authority
of a township or any council or other authority (however styled)
exercising statutory or customary powers of local administration in a
State;
"mine"
includes any place, excavation or working whereon, wherein or whereby
any operation in connection with mining is carried on;
"Minister"
means the Federal Minister for Employment, Labour and Productivity;
"public
authority" means-
(a)
the Federal Government; or
(b)
a State Government; or
(c)
a local government authority; or
(d)
a statutory corporation, that is to say, a body corporate directly
established by law in Nigeria, being a body which is expressly bound by
law to comply with directions given by a Minister or by a corresponding
authority; or
(e)
a government-controlled company, that is to say, a limited liability
company incorporated in Nigeria in which the Federal Government or a
State Government has a controlling interest;
"public
department" means a ministry or department of a public authority;
"public
officer" means any person employed by a public authority;
"recruiter"
means the holder of a recruiter's licence; "recruiter's licence"
means a recruiter's licence granted under section 25 of this Act;
"recruiting"
includes all operations undertaken with the object of obtaining or
supplying the labour of persons who do not spontaneously offer their
services at the place of employment, at a public emigration or
employment office or at an office conducted by an employer's association
and supervised by the Minister;
"State"
means a State of the Federation;
"State
Authority" means the Governor or Administrator of a State;
"wages"
means remuneration or earnings (however designated or calculated)
capable of being expressed in terms of money and fixed by mutual
agreement or by law which are payable by virtue of a contract by an
employer to a worker for work done or to be done or for services
rendered or to be rendered;
"woman"
means any member of the female sex whatever her age or status;
"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 employer's
business, or
(b)
persons exercising administrative, executive, technical or professional
functions as public officers or otherwise, or
(c)
members of the employer's family, or
(d)
representatives, agents and commercial travellers in so far as their
work is carried on outside the permanent workplace of the employer's
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;
"young
person" means a person under the age of eighteen years.
(2)
In this Act, unless the context otherwise requires, a reference to a
numbered Part or section is a reference to the Part or section so
numbered in this Act.
92.
This Act may be cited as the Labour Act.
Schedule
Transitional
and Saving Provisions
1.
Permits and licences granted under sections 65 and 70 respectively of
the repealed Act shall, if they were in force immediately prior to the
commencement of this Act, continue in force on the same terms and
conditions but shall be subject to this Act; and accordingly no such
term or condition shall prevail against any provision of this Act.
2.
Contracts of employment which were in force immediately prior to the
commencement of this Act shall remain in force on the same terms and
conditions, but shall be subject to this Act; and no such term or
condition shall prevail against any provision of this Act unless an
authorized labour officer on the application of a party to the contract
in question decides that the interests of the parties or the
circumstances of the case require that the term or condition in question
shall so prevail.
3.
Where a fee-charging employment agency was in operation immediately
before the commencement of this Act, section 71 (1) of this Act shall
not apply to the agency-
(a)
for a period of ninety days (or such longer period as the Minister may
allow) after the commencement of this Act, or
(b)
if the person operating the agency applies within that period for the
Minister's consent under the said section 71 (1) of this Act, until the
application has been disposed of.
4.
Any subsidiary legislation made or deemed to have been made under the
repealed Act which was in force immediately before the commencement of
this Act shall remain in force, subject to any necessary modifications,
as if it had been made under this Act, and may be added to, amended,
revoked or varied accordingly.
5.
Within the twelve months following the commencement of this Act the
Minister may by order make any further transitional or saving provisions
(not inconsistent with this Schedule) which appear to him to be
necessary or desirable.
6.
In this Schedule "the repealed Act" means the Labour Code Act
i repealed by section 90 (1) of this Act.
Member
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