The document discusses key labor laws and an employer's obligations in Nigeria. It outlines that employment is largely governed by laws like the Labor Act, which require employers to provide written contracts within 90 days specifying terms of employment. Employers must ensure worker safety, cannot discriminate, and must comply with regulations regarding hiring, leave, termination, trade unions, and more. Recruiting foreign employees also has visa and approval requirements.

2.  Introduction
 Recruiting and Terms of Employment
 Recruiting Foreign Employees
 Termination and Redundancy
 Obligations To Members of Trade Unions
 Work Safety
 Discrimination

3.  Labor law is well developed in Nigeria; with laws defining the
rights and obligations of labors, and regulating most aspects
of the relationship between the employer and labor. This
presentation shall explain these laws and seek the mandatory
obligations of an employer under Nigerian law.
Employment law is largely based on the following:
 The Labour Act, 2004
 The Factories Act, 2004
 The Pensions Act, 2004
 The Trade Union Amended Act, 2005
 The Employees Compensation Act, 2010
 The National Minimum Wage Act, 2011
 The Pension Reform Act, 2014

4.  Not later than 90 days after the joining date of a staff, the employer
must give a written contract specifying the name of the both sides
and the undertaking by which he is employed.
There's a minimum employment terms and conditions to be mentioned
in the contract such as:
 (a) Hours of work
 (b) Mode of payment and deductions
 (c) Leaves and Holidays on certain days of the year
The Labor Act provides that every employee who enters into a contract
shall be medically examined by a registered medical practitioner at the
expense of the employer.
No child to be employed or work in any capacity except where he is
employed by a member of his family and/or not to be required in any
case to lift, carry or move anything so heavy and as long as he returns
each night to the place of residence.

5.  Recruiting foreign employees is overseen by the Federal Ministry of
Interior. Employers must seek the approval of the Ministry in order
to employ foreign staff by applying for an "expatriate quota."
 There are two types of visas which may be granted, depending on
the length of stay.
 Short-term assignments, an employer must apply for and receive a
temporary work permit, allowing the employee to carry out some
specific tasks. The temporary work permit is a single-entry visa, and
expires after three months.
 Long-term assignments, the employer should apply for a "subject-
to-regularization" visa (STR). Upon arrival in Nigeria, the employee
will need to validate his or her visa by applying for a work and
residence permit.

6.  As specified under the National Minimum Wage Act, Normal full time
working hours are forty hours per week however its not specified in
the labor act.
 Overtime is defined under the Act as hours which an employee is
required to work in excess of the normal hours fixed (by mutual
agreement, the Act does not state the rate of calculation of overtime
pay, but the practice is to calculate on an hourly rate.
 The Act provides that in every period of seven days, an employee
shall be entitled to one day of rest.
 The Act provides that where an employee is at work for a period of
six continuous hours or more a day shall be entitled to an hour of
rest.

7.  The Labor Act provides that the wages of a worker shall be mentioned in the
contract.
 The wages will be due and payable at the end of each period as mentioned in the
contract: weekly, or Monthly.
 Pension Act shall apply to all employees the contribution for an employee shall be
made relating to his/her monthly salary, a minimum of seven and a half percent
by the employer, and seven and a half percent by the employee.
 The Pension Act makes it mandatory for an employer to maintain a life insurance
policy for the employee for a minimum of three times the annual total salary of
the employee.
 Labor Act provides that where an employee is required to travel sixteen kilometers
or more from his normal place of work to another worksite he shall be entitled to
free transport or a travel allowance.
 Under the Housing Act, section 4 provides that Nigerian workers earning an
income of N3, 000 and above shall contribute 2.5% of their basic monthly salary to
the Fund.
 Deductions may be made from the wages of a worker in respect of unjustified
lateness/absence as was agreed by both sides, the total amount of deductions
that may be made from the wages of a worker in any one month shall not exceed
one-third of the wages of the worker for that month.

8.  The Act provides that every employee shall be entitled after 12
months of service to a holiday of at least twelve paid working days
plus an annual leave allowance calculated as follow:
Annual Basic Salary X 10%.
 The Labor Act oblige the employer to grant an employee paid sick
leave of up to twelve working days in one calendar year where
evidence of treatment should be provided by the employee .
 The Labor Act provides 12 weeks maternity leave for pregnant
women and shall be paid not less than fifty percent (50%) of her
gross salary.
 The employer must recognize all Public Holidays as declared by the
Federal Government of Nigeria.
 Public holidays shall not count as part of the employee’s annual
leave.

9.  A contract of employment may be terminated by a written notice given to
the other party. The given notice shall be:
 One month notice should be given by the employer or one month pay (basic
salary).
 Terminal benefits pay depends on number of years worked and as prevailing
law:
 2 to 5 years of employment: 3 weeks basic salary for each year of service.
 6 to 9 years of employment: 8 weeks basic salary for each year of service.
 10 years and above of employment: 10 weeks basic salary for each year of
service.
Leave pay allowance if not gone on leave.
Resignation: An employee may resign from the company by giving the company
the legal period of notice in writing or payment (Basic Salary).
The notice period given is related to the continues years of service as follow:
6 months to 3 years : 1 month notice 3 years to 6 years: 2 months notice 6
years to 9 years: 3 months notice.

10.  The Labor Act defines redundancy as permanent loss of
employment caused by excess manpower. The Act places an
obligation upon the employer to inform the workers union of the
reason for and anticipated extent of the redundancy; operate the
principle of ‘last-in’ ‘first out’ (subject to relative merit) and use
best efforts to negotiate redundancy payments to employees
who are not protected by regulations made under the Act for
redundancy payments.

11.  The purpose of the trade union is to regulate the terms and
conditions of employment of workers.
 This provision of the Trade Unions Act is supported by section
9(6)(a) of the Labor act which provides that, no contract of
employment shall make it a condition that an employee shall or shall
not join a trade union.

12.  An employer is required to protect the health and safety of
workers at the workplace in accordance with the provisions of
Factories Act and Labour Law.
 Employer must also provide and maintain a supply of drinking
water, washing facilities, first aid and a place for the workers to
store their clothing.

13.  Discrimination in the workplace is forbidden by section 17 of the
Constitution. The section states that the state social order is
founded on the ideals of freedom, equality and justice. It goes on to
provide that every citizen disregard sex, tribe and beliefs shall have
equality of rights, obligations and opportunities.
 Persons with Disability
A disabled person shall not be subjected to any disability or
conditions by any employer. There is however what may be referred
to a positive discrimination in favour of disabled persons as section
6(2) of the Act requires all employers of labour to reserve for the
disabled not less than 10% of the work force.

14. References:
http://www.nigeria-law.org/LabourAct.htm
http://www.ilo.org/dyn/natlex/docs/SERIAL/68319/66452/