SLC22-W6 / LABOR LAW

Work is the services or activities an organization or individual performs in exchange for remuneration or other kinds of consideration. The terms and conditions of work are regulated or governed by employment regulations and labor laws for the protection of the rights as well as the involvement of employers and employees.

Source

Also, work refers to the legitimate services, activities, or tasks an organization or individual performs mostly to earn salary, wages, or other kinds of remuneration. It extends to different facets, which include labor, rights, employment contracts, as well as occupative safety and health regulations.

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Part I

According to what is seen in class, say if, in your country, Work in addition to a right is considered a "Duty" and if consequently there is any legal sanction for those who do not fulfill that duty.

In my country (Nigeria), not only is work considered a right but it is actually considered a duty. The country's constitution, as well as different labor laws, stresses the Importance of work and the citizen's responsibility to impart to the country's development.

Section 24 of the constitution states that "every citizen has the duty of making a positive and noteful contribution to the community's progress, advancement, and well-being."

Furthermore, the Labor Act (1974) and the Employee Compensation Act (2010) equally stress the employees' duty to diligently and efficiently carry out their work.

Although there may be no particular laws that enforce sanctions on persons who do not satisfy, carry out, or bring to completion their duty or work, employers may take disciplinary measures against any defaulting employee in carrying out duties.

Examples of imposable sanctions on employees that defaulted to satisfy, carry out, and bring to completion their duty to work are:

1. Employment Termination

The employee's engagement, appointment, or employment may be terminated by the employer for regularly occurring failure to execute duties.

2. Disciplinary measures

Disciplinary measures like query, demotion, or suspension can be taken by employers against employees who default to satisfy, carry out, or complete their duties.

3. Deductions from salary

Deductions can be equally made on the salary of an employee by the employer for failure to carry out duties

Work in Nigeria is considered a right as well as a duty. Even though there aren't any particular laws that enforce a penalty, punishment, or some coercive measure on persons who do not carry out their duty to work, employers may take disciplinary measures against defaulters who fail to execute or carry out their duties.

Many laws in my country are responsible for protecting labor rights and I will be taking just a few of them.

1. Labour Act (1974)

This is the basic legislation that makes and administers the public policy and affairs of labor relations in Nigeria. It accounts for issues like working hours, employment contracts, and employment termination.

2. Employee Compensation Act (2010)

This law makes provision for recompensing employees who undergo occupational hazards or work-related sicknesses or injuries.

3. Minimum Wage Act (2019)

This law fixes the minimum wage for employees in my country.

4. National Industrial Court Act (2006)

The National Industrial Court, which has the power or right to exercise authority over industrial relations and labor conflicts, is instituted by the National Industrial Court Act institutes.

5. Trade Disputes Act (1976)

This law governs or controls trade conflicts and, through arbitration and conciliation, makes provisions for conflict resolution.

These labor laws take care of a wide range of areas of disagreement or disputes like wages, working hours, employment contracts, and employment termination. It also makes provision for special protection for vulnerable workers like young workers as well as pregnant women. These laws equally set up institutions to resolve labor conflicts and promote labor relations.

The laws are often inadequately or inefficiently enforced, resulting in prevalent or extensive non-compliance. These laws are limited in coverage as it doesn't encompass all workers, especially those in the non-official sector. Most of the provisions of the law are obsolete and hence, aren't reflected in the realities of the current labor market.

The government ought to invigorate enforcement mechanisms to make certain of compliance with these labor laws and also broaden the law through amendments to embrace every worker, including those in the non-official sector. These laws also call for review as well as updates to reflect the realities of the current labor market. Additionally, the government ought to encourage, urge, or incite social dialogue between employees, employers, and the government to handle labor disputes as well as promote industrial tranquility.

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Part II

According to what is seen in class, say that institutions are in charge or are competent to assert labor rights.

Source

There are lots of institutions in my country that are responsible for asserting and protecting labor, they include:

Ministry of Labour and Employment

This Ministry is accountable for the formulation and implementation of labor policies, and the enforcement of labor laws and regulations.

Nigeria Labour Congress (NLC)

The NLC is an organization that coordinates the activities of trade unions in my country as member organizations. It is accountable for the protection and promotion of the rights of workers, and negotiations with the government and the employers on behalf of workers.

National Industrial Court (NIC)

This is a specialized court that has the power, right, or authority over industrial relations and labor conflicts. It is accountable for the interpretation of labor and the resolution of conflicts between employers and employees.

Federal Ministry of Justice

This body is accountable for the representation and provision of legal advice to matters relating to labor.

Labor Inspectors

This institution is accountable for the enforcement of labor laws as well as the regulation and conduction inspection for ensuring compliance.

I remember Mrs. Obiekwe, a sales manager who had her position unjustly terminated subsequently due to her maternity leave. On resumption of work, she was told that there was restructuring; hence, her position had been changed.

Meanwhile, in the long run, it was noticed that her function or position had been reallocated to a more recent employee. This condition was a direct violation of the Labor Act, which officially proscribes termination of employment as a result of maternity leave.

Mrs. Obiekwe, extremely upset and shocked felt an infringement of her right. She made up her mind to make a legal move and had a complaint filed with the National Industrial Court. Subsequently to meticulous investigation, the court ruling was in her favor, asserting that her termination was not permitted by law and showed prejudice.

The court sanctioned her re-engagement and recompensation for the time she was unjustly terminated. The victory of Mrs. Obiekwe was tangible proof of the cruciality of labor rights protection and the efficaciousness of the country's labor laws.

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Part III
Practical Case 1.

1. According to what was seen in class, and if you were a lawyer who had to attend to these workers, what principles of those explained in class, you would apply to the present case.

I would apply the following principles to this case:

Principle of Good Faith

The actions of the employer, concealing the real whatness of the job and, to rectify low pay, misclassifying the workers as cleaners, show an absence of good faith.

Principle of Protection of Workers

Labor laws are tailored towards the protection of workers from exploitation. Here, the actions of the employer are seen to be exploitative.

Principle of Just Compensation

Workers are entitled to just remuneration for their work. The misclassification of the worker's job title tailored towards justifying low pay is unfair.

Principle of Nullity of Unjust Clauses

A clause in an employment contract may be announced void or null when it is unjust or against public policy.

Principle of Non-Discrimination

The decision to pay the workers a lesser wage resulting from the misclassification of their job title by the employer can be termed discriminatory.

Principle of Transparency

The terms and conditions of employment ought to be explicitly and precisely reflected by the employment contract. This principle is violated by the misclassification of the worker's job title.

If I were a lawyer, I would argue that it is an invalid employment contract on account of the employer's discriminatory practices, deficiency of good faith, and failure to make provision for just remuneration. I would solicit the unjust clauses announced null and void, and negotiate just remuneration for my clients.

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Practical Case 2.

1. According to those seen in class and according to the laws of your country, tell which institution this worker should go to and what actions he should take to restore his rights.

According to the laws of my country, the appropriate institution to consult is the National Industrial Court (NIC) or the Ministry of Labor and Employment. Also, according to my country's law, particularly the Labor Act, an employee's contract cannot be terminated by the employer without just reason.

The worker may have a complaint filed with the NIC alleging unjust termination of employment. An investigation will be carried out by the court to ascertain whether the termination was illicit. The worker may also solicit the help of a trade union or a specialized lawyer in labor law for guidance through the process.

1. Say because you consider that this institution or entity is competent to hear this matter.

The National Industrial Court (NIC) is known to have a renowned authority, power, or right to address labor conflicts, including unjust termination. The court is skilled and meets all qualifications to perform investigation, mediation, and adjudication on labor matters. It has jurists who are specialized in labor law, guaranteeing great skill or knowledge in addressing complex cases.

The NIC can order re-engagement and amends for unjust labor practices. Its judgments are obligatory, and its procedures are patterned to offer fast and effective labor conflict resolution, making it the suitable institution to address this matter.

Thanks

Inviting @ruthjoe, @ninapenda, and @nsijoro