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 workplace safety and are prohibited from discrimination. The document also covers obligations regarding foreign employees, termination, trade unions, pensions, leave, and redundancy.
Employees Provident Fund And MIscellaneous Provisions Act , 1952Mohd Zaid
The Employees Provident Funds Bill having been passed by both the houses of the Parliament received the assent of the president of india on the 4th march 1952.
It came on the statue book as the Employees Provident Funds Act , 1952.
Now it stands as The Employees Provident Funds And Miscellaneous Provisions Act , 1952 ( 19 of 1952 )
This Expert Series webinar presentation talks about the latest statutory changes in employment laws.
To know the statutory compliance for payroll, refer the link: https://www.greythr.com/complete-guide-statutory/
Dear Seniors & Friends,
Sharing the updated PPT on "Provident Fund & MP Act 1952" of India. Kindly have a look on the Same & Share your valuable feedback & suggestion. If you found any mistake kindly update me for the modification the same.
Regards,
Anshu Shekhar Singh
Mob: 9999 844 355
Employees Provident Fund And MIscellaneous Provisions Act , 1952Mohd Zaid
The Employees Provident Funds Bill having been passed by both the houses of the Parliament received the assent of the president of india on the 4th march 1952.
It came on the statue book as the Employees Provident Funds Act , 1952.
Now it stands as The Employees Provident Funds And Miscellaneous Provisions Act , 1952 ( 19 of 1952 )
This Expert Series webinar presentation talks about the latest statutory changes in employment laws.
To know the statutory compliance for payroll, refer the link: https://www.greythr.com/complete-guide-statutory/
Dear Seniors & Friends,
Sharing the updated PPT on "Provident Fund & MP Act 1952" of India. Kindly have a look on the Same & Share your valuable feedback & suggestion. If you found any mistake kindly update me for the modification the same.
Regards,
Anshu Shekhar Singh
Mob: 9999 844 355
Employment Exchange [Sec. 2]- It means any office or place established and maintained by the Government for the collection and furnishing of information either by keeping of registers.
Establishment [Sec. 2]. It means any Office, or any place where any industry, trade, business or occupation is carried on. Establishment in public sector means an establishment owned, controlled and managed by the Government. Establishment in private sector where ordinarily twenty five or more persons are employed to work for remuneration.
Employees’ provident funds and Miscellaneous Provisions Act, 1952kushnabh chhabra
Useful for industry practitioners and students. Crux of the act has been assembled and presented in plain and lucid manner.
Consists of operational part of the act and can be very handy for auditors as well.
Employee provident fund and miscellaneous act, 1952NeerajUpreti2
Overview, Applicability, Contribution by Employer and Employees', Benefits and Registration process of Employee provident fund and miscellaneous act, 1952
Employment Exchange [Sec. 2]- It means any office or place established and maintained by the Government for the collection and furnishing of information either by keeping of registers.
Establishment [Sec. 2]. It means any Office, or any place where any industry, trade, business or occupation is carried on. Establishment in public sector means an establishment owned, controlled and managed by the Government. Establishment in private sector where ordinarily twenty five or more persons are employed to work for remuneration.
Employees’ provident funds and Miscellaneous Provisions Act, 1952kushnabh chhabra
Useful for industry practitioners and students. Crux of the act has been assembled and presented in plain and lucid manner.
Consists of operational part of the act and can be very handy for auditors as well.
Employee provident fund and miscellaneous act, 1952NeerajUpreti2
Overview, Applicability, Contribution by Employer and Employees', Benefits and Registration process of Employee provident fund and miscellaneous act, 1952
Understanding UAE Labour Law: Key Points for Employers and EmployeesDragon Dream Bar
The "UAE Labour Law" governs the rights and obligations of employers and employees in the United Arab Emirates. It aims to create a balanced and fair working environment, ensuring both parties are treated with respect and fairness. Here’s a comprehensive guide to understanding the key aspects of the UAE Labour Law:
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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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.