SLC22-W6/ LABOR LAW

Hello friends, here I come again, it's always a privilege to partake in this weekly challenge.
I hope I to do my best this time around.

The topic in discussion is a very interesting one, Labour Law, which is very essential for protecting workers rights.

Source

Labour Law, also known as employment law, refers to the roles and regulations governing the employer-employee relationships to promote fairness in the working space.

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Part I

-. Based on what you have seen in class, tell us whether in your country work is considered a "duty" in addition to being a right, and whether there is any legal sanction for those who do not fulfill this duty.

When talking about work being considered a duty in addition to the rights in Nigeria.
I will say work is considered a right, but not specifically considered a duty, because it's not legally enforced. Work as a right was established under Section 17(3) of The Constitution of the Federal Republic of Nigeria (1999, as amended). The law gives directives to the state on ensuring employment opportunities for individuals. Also, there is no law against individuals who refuse to work, since work is considered a right and not a mandatory duty.

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-. State which law in your country is responsible for protecting labor rights or work rights and what do you think about that law.

The Labour rights in Nigeria are protected by the Labour Act (Cap L1, Laws of the Federation of Nigeria, 2004).
The Act ensures fair working conditions, employment contracts and workers' rights, in terms of working hours, fair wages and unlawful forced labour.
The Labour Act provides protections, which are limited to employees with lower earning categories, leaving out those earning as professionals.

Based on my review, this law needs amendment to suit modern labour practices and to take into consideration all categories.

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Part II

-. Based on what you saw in class, say which institutions are responsible for or competent to enforce labor rights.

Source

There are several institutions responsible for enforcing labour rights in Nigeria, I will discuss on few of them here;

• National Industrial Court of Nigeria (NICN)
  The NICN is a primary judicial body that takes responsibility for addressing labour issues, like discrimination, wages, and other unfair cases.

• Federal Ministry of Labour and Employment
  They examine labor policies, resolve disputes, investigate complaints, and ensure proper workplace standards

• Trade Unions
  The Nigerian Labour Congress (NLC), takes responsibility for advocating worker's rights.

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-. State whether you have had an experience in the workplace in which the claim or violation of any labor right or employment right is applicable.

Source

My Personal Experience

This is the experience I had while working with a private employer as a photocopier operator.

It was a challenging one though, my manager was a rude and abusive type and showed no regard for my hard work. Even at my very best to carry out all my duties to suit his taste, there was no improvement, which made the work environment so challenging.

On one weekend, I became ill and was unable to go to work, I called him to inform him that I was ill, and wouldn't be able to come to work, he did not even answer my calls.

After about two days I resumed work, immediately after I got there, he told me I was not suitable for his work, based on his expectations and he dismissed me from the job. I wasn't paid full wages, I left feeling sad and depressed.

This action he took, violates the labour rights such as the "right to fair treatment" and "protection against unjust dismissal", which are enforced by the Labour Act (Cap L1, Laws of the Federation of Nigeria, 2004)

I never knew about labour rights and institutions like NICN or the Federal Ministry of Labour and Employment then, I could have filed a complaint with them, to seek compensation for unpaid wages and unjust dismissal, also to inquire the employer's reason for not complying with the labour laws.
In order to justify the unfair treatment and restore my rights.

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Part III

Case Study 1.

A company needs two drivers, but the company's financial situation has been deteriorating and they need to reduce operating costs, including paying their employees.

So they decide to hire two people who will work as truck "drivers" but the contract states that they are "cleaning staff" in order to justify the low salary they will receive.

It is also established, agreed and accepted by the workers in the contract that once the employment relationship has ended, they will not receive or claim money for social benefits or severance pay. Both the employer and the 2 workers sign the contracts accepting the conditions described above.

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

Source

Principles applicable to the present case

• Reality prevailing over appearance (Principle 3)
  The written contract states that the workers are cleaning staff, but the actual work, truck driving took precedence, which reveals that the employer misclassifying the workers as cleaning staff was intentional in order to take advantage of them by paying lower wages and disregarding their rights, which violates the above principle.
  This principle recognizes the worker's roles and ensures their rights are acknowledged based on the reality of the work.

• Most favourable interpretation (Principle 5)
  In this case, the most favourable law to the workers must be applied where necessary, to ensure they get the proper wages for their actual work.

• Prohibition of discrimination (Principle 7)
  The workers should be treated fairly without discrimination or unfair contractual obligations.

• Inalienability of labour rights (Principle 4)
  The contract agreement is rendered void for waiving labour rights including social benefits and severance pay, which shouldn't be so.

If I were to take care of this case as a lawyer, I would gather proof to show that, the employer disregards this principle by falsely representing their job contract and depriving them of their fundamental rights.
I would have simply encouraged them to file a complaint with any reliable labour authority, seek redress through NICN for proper classification and suitable wages.

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Case Study 2.

A worker has been working for a company for 15 years, but his relationship with his boss has been getting worse due to personal issues between them. One day, the boss decides to fire him, claiming that it is his company and that he admits whoever he wants. Without further ado, the worker decides to seek advice.

1.- According to what you saw in class and according to the laws of your country, say which institution this worker should go to and what actions he should take to restore his rights.

2.- State why you consider that institution or entity is competent to hear that matter.

Source

In this case I would have encouraged the worker to go to an institution like the National Industrial Court of Nigeria (NICN) to report the unjust dismissal, by filing a claim for unlawful termination, seek compensation in for damages done by unjust dismissal, and provide evidence like witnesses or documents to satisfy the unjust dismissal.

The NICN will determine if the dismissal violated the labour laws, by assessing the evidence, together with any witness testimony or documentation.
If guilty of unjust dismissal, the court may order compensation for lost wages and damages.

Why the institution will be competent to hear the matter

The NICN is enforced to take responsibility for handling labour disputes, unjust dismissal and other labor-related issues. It derives a means through which workers seek redress, which upholds labour law and constitutional rights.
NICN is a body with jurisdiction over labour rights. Filing a complaint to the institution means the case is handled by a specialized body, ensuring possibilities of acquiring justice and restoration of worker's rights.

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