EMPLOYMENT LAW AND RIGHT

By Augustine Jude Ifeanyi

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Preamble The laws which govern employment occupy a position of considerable importance in any modern society. This is so because of the tremendous contribution which workers can make to national growth and development as well as general well-being of the nation's citizenry. Labour law has a vital role to play in the mobilization of the workforce for national growth and development. Therefore, HR practitioners in their bid to attract, retain and nurture a healthy and talented workforce, must have far-reaching knowledge of employment law and required skills for managing employment relationship.

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Overview of the Discussion Definition of Terms Employment Law in Nigeria Employer’s Right Employee’s Right Employers Responsibility Employees Responsibility Employment Related Problems Consequences of poorly managed relationship Remedies Conclusion

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Definition of Terms Employer: any person who has entered into contract of employment to employ

any other person as a worker either for himself or for the service of any persons. Employee: “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 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……. Persons exercising administrative, executive, technical or professional functions as public officer or otherwise” Labour Act, 2004.

Right: is an entitlement arising out of moral, social, political or legal rules. It is the benefit or treatment that is due to a man who can justifiably claim it. It could be subsumed up under claims, liberty, power and immunity.

Contract of Employment: a contract entered into by two parties whereby one party submits himself to the service of the other for some considerations, in most cases salary and wages.

Legal remedy: Also judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will.

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The employment relationship is a complex one that extends from pre-employment through employment to termination and post- employment.

Employment law governs the rights and duties between employers and workers. Also referred to as labour law, these rules are primarily designed to keep workers safe and make sure they are treated fairly, although laws are in place to protect employers’ interests as well.

Nigerian Labour Law looks into the rights, working conditions, minimum wage, termination clauses, and many other rules set by the government of Nigeria. The current version of the act was put into place in 2004, five years after the current constitution was established. Employment laws are based on federal constitution, legislation, administrative rules, and court opinions. A particular employment relationship may also be governed by contract.

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Employers Right Right to employ a worker, discipline, transfer, promote and terminate

the employment of the worker Demand minimal productivity from employees Loyal cooperation from employees Demand acceptable behavior at workplace Expect employees to be accountable for money or resources in their

care Expect employees to follow health and safety regulation Expect employees to work in accordance with their contract of

employment Modify, extend or cease operations, determine the type of product to

make or sell, and the price of its goods and services Right To Make Lock-Out Right To Be Rebated

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Receive fair and equal pay for equal work without distinction of any kind

Work under satisfactory, Safe and healthy working conditions

Form or join a trade union

Protected from discrimination and sexual harassment

know the terms and conditions of his/her employment

Have rest, leisure and reasonable limitation of working hours and period of holidays and Maternity

Be trained and retrained for the development of his or her skills.

Receive information relevant to his or her work.

Right to compensation of an injured worker

Right to Indemnity and Vicarious Liability

Employees Rights

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Employers Responsibility

A written statement of terms and conditions of employment A written statement of pay or pay-slip No discrimination in rules for recruitment and conditions for firing Fair compensation plan and fair hearing for erring employees A minimum wage A maximum working week/hours Unpaid breaks during working hours Annual leave from work A minimum amount of notice before termination of employment The maintenance of records in relation to their employees and their

entitlements Acceptance of labour court jurisprudence in conflicts

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Employees Responsibility

Honest and trustworthy He must render faithful service to the employer Report for work regularly and punctually Respect the employers property The worker has a duty to enhance productivity Obey lawfully and reasonable commands of employers regarding the

organization and execution of his or her work An employee must show loyalty and good faith to the employer and

respect the contract of the employment Take all reasonable care for the safety and health of fellow workers. Protect the interests of the employer.

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Employment Related Problems

Unfair dismissal

Constructive dismissal

Changing terms and conditions of employment

Bullying

Harassment

Discrimination

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Consequences of Poorly Managed Relationship

Claim for Damages or remedies, Litigation

Break down of law and order, which could lead to injuries, lost of life and property

Damaged reputation Industrial unrest

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Legal Remedies

The concept of remedy is to provide protection which can be made either by subjecting the party who breaches the agreement to some penalties or some benefit to the wronged party , and at times free the wronged party from further obligations and liabilities. The servant or employee enjoys more remedies under the law than the master. This is largely so because the servant, being the weak party, needs more protection than the employer. Hence, he is entitled to the following remedies when his rights are infringed. Reinstatement Damages Injunction Mandamus Prohibition Certiorari

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ConclusionRights available to both parties involved in contract of employment have been itemized and analyzed. This will make it possible for each of the parties to know the parameter upon which they will operate. It will equally show the limit of each party. Some of the remedies available are equally highlighted should there be breach of fundamental terms or infringement of those rights. However, this is not the end on itself but means to an end. What should be of paramount in the minds of the parties is how to maintain good and cordial relationship to avoid lock- out or strike action which forms substantial reason for industrial unrest. It is against this backdrop that it is suggested that parties should try as much as possible to always comply with collective agreement mutually entered into by them. The employers in particular should always comply with labour laws and other laws put in place for industrial harmony. It is believed that if this is done, industrial harmony will reign supreme. Also, it is suggested that employers should consider welfare of their employees as paramount. If these are considered with other welfare packages, there may not be need for consideration of rights not to talk of strike.

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