Friday, December 12, 2008

EVOLUTION OF NIGERIAN LABOUR LAWS


INTRODUCTION
When issues of labour legislations arise especially among students of Industrial Relations in Nigeria, our discussions are usually revolved around the seven principal laws. We have always pointed out some of the loopholes of these laws and agitate for a complete “Overhaul”. Again, we often discuss the absentionist policy of government that became interventionist policy with the outbreak of the civil war in 1968. Surely, these are important topics of discussions on Nigeria labour laws but we have failed to at some points look into the history of these seven principal laws. Few of us who take our time to discuss the history even do so by summing it up that because Nigeria was a colony of Britain, she had inherited some of these laws from the great Britain. This is actually true but let me say here that there is need for a rigorous examination of evolution of Nigeria labour laws as it might be useful in providing solutions to some of the inherent problems of Nigeria Industrial Relations especially in this dispensation of postindustrialisation where globalization threatens to fall things apart. An appraisal of the past compared with the present, no doubt will provide an insight into what the future can bring. This is why I have made effort to examine the Evolution of labour legislations in Nigeria so that possible and useful lessons can be learnt from some of the changes that have taken place so far.
If you like you may call it Historical Development of Nigerian Labour Laws, History of Labour Laws In Nigeria, or Growth of Labour laws in Nigeria. What ever it is, we will see some useful Hints here.
The word “Labour” is etymologically a derivative from Latin word “Laborren” which means “toil, pain, strength, exertion of the body”. Law on the other hand was coined out from a German word “Lagu” meaning “to put, lay”. It also related to a Latin word for statute which is “Statuere” meaning something lay down and forced.
From the foregoing, labour laws have been viewed as “the rules of human effort” it is a legal framework that guide the activities of human beings in their daily attempt at making ends meet. S. C Srivastava (2007) opined that labour laws seek to regulate the relations between an employer or a class of employers and their workmen. Labour laws are again used as an instrument by government to regulate and guide employment relations.
LABOUR LAWS PRIOR TO 1938
Although the 1938 trade union ordinance gained much recognition and thus, regarded as the landmark of labour laws in Nigeria, the antecedent to the advent of labour laws can be traced to 1880s. E. E Uvieghana (2001) pointed out that the legislation then was called “workers chapter” extracted from the “master and servant ordinance for the gold coast”. It has its long little as “an ordinance for the regulation of the relations between employers and employees”. This master and servant ordinance was amended in 1885 and in 1900 after the creation of the Southern and Northern protectorates. Similar ordinance was made for each of the protectorate. After the amalgamation of the Southern and Northern protectorates in 1914, the ordinance was made for the whole country in 1917. The master and servant ordinance of 1917 was re-amended in 1929 and were called “Labour Code Ordinance of 1929” (E. E. Uvieghana, 2001).
Although this ordinance (1929) has been argued against by several scholars as not indigenous because it was the colonial master who promulgated it for their selfish interest of exploitation.
Prior to 1938 there were few workers in wages employment in Nigeria because the natives then preferred agricultural work as it offered more incentives and ensure for freedom unlike factory works. Consequently there were few workers associations who also were not militant but formed for the professional and social well being of workers alone. Some of these unions then were NCSU formed in 1912 and NUT as well as RWU both formed in 1931. Government on the other hand was not contributing directly to the affairs of industrial relations. After the world war ended in 1914 and the cost of living arose dramatically. The workers could not bear the burden of inflation caused by the war. They started agitating against poor condition of work, example of such agitation was that which was led be veteran leader, Pa Michael Imodu who led 300 workers to government house in a protest against poor condition of work and came out successively. These agitations constituted much embarrassment to the employers and the then colonialist and thus, they promulgated the 1938 trade Union Ordinance which is now widely accepted as the landmark of labour laws in Nigeria. Their intension was to use this law as a way of regulating the affairs of these hitherto illegal unions. The law legalized trade unionism and provided that 5 members can form unions. It also provided that government could regulate the internal and external administration and affairs of these unions. This was the noted beginning of labour laws in Nigeria.
LABOUR LAWS AFTER 1938
The role of government in the development of Nigerian labour laws is very significant as they have made several changes in these laws before and after Nigerian independence. After the 1938 ordinance, two ordinances were promulgated in 1941; the workmen compensation ordinance of 1941 was meant to make it imperative for employers to compensate any of his employees who sustain injuries in the course of his work. The law also stated the categories of those injured workers which may or may not be catered for. The second law in 1941 was the trade dispute ordinance of 1941 enacted for conflict resolution when the joint machinery for conflict resolution failed.
In 1945, labour code ordinance of 1929 was amended and was referred to as 1945 Labour Code Ordinance. In 1958 another two laws were introduced by government. One is the Factory ordinance chapter 66 enacted to ensure register his factory and provide security, safety and welfare for occupants (workers) in his factory premises. The second law in 1958 is Wages Board Ordinance of 1958 through which government intervene in the review of workers’ wages structure.
In July 29th 1966, General Yakubu Gowon (a military leader) through military coup took over the government of Aguiyi Ironsi (Sunday Olagunju, 2007). This military government promulgated several decrees. The first one is Trade disputes (emergency provision) decree, 1968 enacted for settlement of disputes in industrial set up. This decree was ineffective as there were still several industrial crises in Nigeria. Thus, the federal military government in the following year introduced another Trade dispute (emergence provision, amendment) decree, 1969. This was the decree that banned strike and look out, it provided that no employer should increase the salary of any worker without the approval of the military government.
Between 1970 and 1975, two great events took place in Nigeria, first was the civil war that ended in 1970 and the overthrow of Gowon’s administration in 1975.
The aftermath of the civil war had effect on workers salaries and affected their standard of living. The government then introduces Wages Board and Industrial council decree in 1973 to review the salary structure of workers. It was this decree that established the Wages Advisory Council. In the same 1973 another crucial law was promulgated called Trade Union Act 1973 which increased the number of members to form union from 5 to 50. It repeals the 1938 ordinance. It also banned workers under essential services from unionizing.
In 1974 the Labour Act no 21 was enacted to repeal and fill the loopholes of the 1929 Labour code ordinance. It serves to protect workers against employment exploitation by introducing such provision as terms and condition of work, contract of employment, holiday pay and leave allowances, medical facilities etc.
In 1976, Trade dispute (enquiry and arbitration) decree was promulgated which brought about the formal statutory procedure for conflict resolution by establishing Industrial Arbitration Panel (IAP) and National Industrial Court (NIC). In 1978, Trade union (amendment) decree, 1978 was introduced to enrich the pocket of trade union as it introduces check-off due system and also granted workers in essential services to unionize.
In 1981, Wages Board Act was promulgated.
In 1986, Trade Union (miscellaneous provision) was introduced and amended in 1989.
In 1987, both the Factory Act and the Workmen’s Compensation Act were also amended.
In 1991, the National Minimum Wage Act was introduced. It prescribed a statutory minimum rate of pay to workers.
In 1996, the military government introduced four decrees which are decree no. 4, 24, 26, and 29.
Finally in 2005, the National Assembly under the leadership of Adolphus Wabara and assented to by the President Chief Olusegun Obasanjo in 30th march 2005 introduced another law; the Trade union (amendment) Act cap 437 Law of Federation of Nigeria 2005. This act has several shortcomings inimical to the welfare of workers in the federation. This is why scholars have regarded the law as a “controversial law” of labour relations.
CONCLUSION
The reach of these laws are so wide that they touch the lives of millions of men and women who constitute the labour force. A critical observation of the changes in the development of these laws shows that labour laws in Nigeria are outdated and fast becoming irrelevant. They have created obstacles in achieving fair labour practices which is important to ensure “Decent work” that ILO preaches. Some of these laws cannot provide the targeted solution to achieving harmonious employment relations as one of the prerequisites for national development especially with the new challenges posted by the emergence of globalization, liberalization and privatization as well as this present era where industrialization is gradually transforming to postindustrialisation with the pervasiveness of computer application in industrial activities. There is therefore the urgent need for the Nigerian government to set up a commission that will reform labour laws to a complete overhaul. This is necessary and one of the strategic procedure that government should embark upon if truly the vision 20-20 of President Sheu Musa Yar’Adua will be achieved.

Oludeyi Olukunle Saheed

12 comments:

ztualy as pronounced "chually" said...

Nice one,very helpful,thank you.

Sagar S Sutar said...

Thank you sir..!! So helpful information..!!

Unknown said...

Thank you Sir. Very interesting and educative.

Unknown said...

Thank you Sir. Very interesting and educative.

Unknown said...

This is very helpful for my research

Unknown said...

This is very helpful for my research

Uchenna said...

quite insightful. It would be also very appropriate to include a bibliography at the end of this very academic work. I would've loved to consult some of them ton further my research

Unknown said...

This is interesting

Unknown said...

Interesting thank you sir

Unknown said...

Very helpful and interesting hope for more

Unknown said...

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Unknown said...

That's a very good work. We will also appreciate if same review is done on factory laws and employees' compensation act.