5 Things every Nigerian should know about the Labour Act (Part II)

1.    Union Membership: It is illegal to prevent employees from joining trade unions and other labour organizations. No employment contract can prevent workers from joining trade unions, and any contract which preempts relinquishing membership of a trade union or prejudices workers by reason of trade union membership is illegal. Aside the fact that the 1999 constitution supports the freedom of association, the fundamental convention of the ILO (International Labour Organization) also provides that workers shall enjoy adequate protection against acts of anti-union discrimination. The amended trade Union act of 2005 also supports union membership on a free will basis; hence no employer has power over this.

 

2.    Rest Hours, Sick Leave, and Holidays for Employees: If a worker is at work for more than 6 hours a day, he/she must be given at least 1 hour of rest-interval on that day. Further, in every period of 7 days, a worker is entitled to at least 1 day of rest which must not be less than 24 consecutive hours.

 

3.    Maternity and Paternity leave: All female employees are entitled to at least 12 weeks’ maternity leave with full pay. Unfortunately, the Nigerian Labour Act does not recognize paternity leave and makes no such provision.

 

4.    Transfer of employment: An employee must consent to the transfer of his/her employment from one employer to another for it to be valid, and the transfer must be endorsed by an authorized Labour office.

 

5.    Termination of employment: With respect to the termination of an employment contract, the Labour Act provides for minimum notice periods or you pay for such notices.

 

Source: HR Leverage