SLC22-W6/ Labor Law
Labor law has been in existing for thousands of centuries, The Almighty God was the first person to make such law, note what he said here in the Bible book of Deuteronomy 24:14,15 “You must not defraud a hired worker who is in need and poor, whether one of your brothers or a foreign resident in your land, within your cities. 15 You should give him his wages that very day, before the sun sets because he is in need and his life depends on his wages. Otherwise, he will cry out to Jehovah against you, and you will be guilty of sin.” You see even our creator said that workers should be treated fairly, and their wages should be paid on time, this is just one such law he has made to protect labor's rights, there are many others. Therefore you will agree with me that labor law is one of the most important laws in any country; it regulates the relationship between employers and employees and ensures that there is fair treatment in the workplace (it ensures that there's no discrimination and unjust termination).
Furthermore, the law ensures that working conditions are safe for the workers and it protects their rights. Many other things encompass this law, and these include; salary/wages, working hours, safety at the workplace, and benefits, etc. The sole purpose of this law is to promote social justice and equality in the labor market. These help to create a good and harmonious working environment which will encourage productivity and satisfaction for both parties.
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. |
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In Nigeria, everyone has the right to work, but it's not dutiful, meaning someone can choose not to work, and nobody, including the government of our country, will sanction the person. Therefore, our Constitution does not state that work is a duty (or a must) instead, it just gives those who choose to work the right to work and earn a living.
State which law in your country is responsible for protecting labor rights or work rights and what do you think about that law. |
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The law that protects labor rights in Nigeria is known as The Nigerian Labor Act, this law has been bound to Nigeria's Constitution, and it protects laborers' rights in Nigeria.
The law has been made since 1971 and has been refined and updated since then to define the relationship between employers and employees, how employers should treat their employees, their wages, working hours leave, and other employment aspects.
A few examples of such laws include:
Pension: workers are entitled to a pension when they retire from work, and in a situation where an employee dies his/her next of kin should receive the pension & every other benefit from the employee's life insurance policy. The Act also allows employees to receive their retirement benefits.
Termination: The Labor Act of 2004 states different ways an employee could be terminated. The first is if the employee is dead while the second is that either the employer or the employee can terminate the contract as long as they give the other person notice. The duration of notice given depends on how long the contract lasted. However, The Act allows employees to receive all their payments before the contract is ended.
Leave: The Labor Act in 2004 made it clear that every employee has the right to 21 days leave after working continuously for 12 months. But in a situation where an employer and employee had an agreement, the period can extended to 24 months, but not more than this. Employees are entitled to 12 days of sick leave yearly, as long as it is confirmed by a registered medical practitioner that they are not well. Women are entitled to at least 6 weeks of maternity leave and she's eligible for at least 50% of her normal wages if she's been working for at least 6 months. She should be given 2 extra 30-minute breaks to nurse her baby.
The above are just a few examples of the labor law, that help to protect worker's rights, and I feel that these laws are good and up-to-date. It's only that sometimes it's not implemented, and some employers can violate some of the laws and get away with it. So I think they should always be checked and balanced, there should be an avenue where stakeholders, the Government, employers, and employees and communicate this law frequently.
Based on what you saw in class, say which institutions are responsible for or competent to enforce labor rights. |
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The institution responsible for enforcing labor rights in Nigeria is the National Industrial Court. It was established in 2006 as exclusive jurisdiction in civil cases relating to workers' matters in Nigeria. We also have the Industrial Relations Commission which deals with matters concerning trade unions. Additionally, we have a particular ministry known as the Ministry of Labour and Employment, which oversees labor practices and ensures that labor laws are enforced.
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 |
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When I was working at the bank as an Industrial training student, I experienced a situation where the management didn't pay us for overtime work; sometimes, we used to work half a day on Saturdays without getting a dime. I felt that my labor rights were tampered with, which could be applicable under the Labor Act provisions regarding fair pay (commensurate compensation).
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? |
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The few principles I would apply are:
Reality Prevails Over Forms: The contract misclassified the workers as cleaners when, in reality, they were drivers. The actual work they are doing should be seen in their compensation and the title of the contract.
Intangibility of Rights: The agreement waives the workers' rights to their social benefits and severance pay is void. The truth is that the right to fair compensation can't be avoided or let go.
Solidarity and Social Justice: The unfair term of the contract undermines the principle of social justice and solidarity, indicating the need for fair labor practices.
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. State why you consider that institution or entity is competent to hear that matter. |
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The worker should file a complaint regarding wrongful termination against the employer in the industrial court because that was an unfair dismissal. I choose the National Industrial Court because it's competent to handle disputes like this, and it has jurisdiction over labor matters here in Nigeria. And it is designed to handle cases like this, unfair dismissal, and labor rights, so all this makes it the right avenue for the worker to seek justice concerning his wrongful termination.
In conclusion, labor law is crucial for shaping the constant changing of activities in the workplace, it safeguards workers' rights and wellbeing. Ensuring that all workers are being treated fairly, it promotes healthy relationships between employers and their employees and thus contributes to the growth & stability of societies. I believe that it's important for the government, stakeholders, employers & employees to always engage in discussions about labor law and adapt to the needed changes.
It’s painful when workers don’t get paid for the work they have done so far. Sometimes, I think about how government workers who have not been paid for months cope with life
You're right, dear; a lack of human feelings caused it because even God didn't like it. Well, being self-employed will remain the best. But what am I even saying? Since not everyone can be an employer, therefore, the best thing is to treat workers fairly, just the way we would love to be treated.
I appreciate your visit ❤!
Hi @goodybest , Talking about the rights and obligations to work, Indonesia is also the same, namely giving citizens the freedom to work but not being obliged to work. On the one hand, it is good because the law respects human dignity. But on the other hand, unemployment is a social problem that must be taken seriously because it will have a negative impact on the country's economic growth and create social inequality.
I'm sorry! I am responding to the bad experience you experienced, did you not report it to the authorized institution such as the industrial relations court. Even though at that time you were an intern at that place, you had expended energy and spent a lot of time working to lighten the burden on the company (Bank). And they must respect and fulfill the rights of anyone and for any status involved in meeting the company's needs.