Overview

The Labour Act is an Act to repeal and replace the Labour Code Act and consolidate the law relating to labour in Nigeria. It commenced on 1st August 1971. The Act is divided into four parts. Part I covers general provisions on protection of wages, contracts of employment, and terms and conditions of employment. It mandates that wages be paid in legal tender, prohibits agreements on spending wages, and restricts wage payment on certain premises. It addresses advances, deductions, and employer authority to open shops. Contracts of employment must include written particulars, medical examinations, and provisions for transfer and termination by notice. Common employment is not a defence. Terms and conditions include hours of work, overtime, transport, periodicity of wage payment, sick leave, duty to provide work, annual holidays with pay, calculation of leave pay and sickness benefits, and redundancy. Offences and exemptions are specified. Part II regulates recruiting, requiring permits or licences for recruiters, with restrictions on recruiting, health, transport, expenses, repatriation, and capitation fees. Specific provisions apply to recruiting within and outside Nigeria, including international agreements, duration of contracts, return passages, and family accompaniment. Enforcement provisions address fraud, neglect, ill-treatment, and other offences. Part III covers special classes of workers: apprentices (contracts, attestation, retention, regulations, offences), women (maternity protection, night work, underground work), young persons (general restrictions, night work, shipping, register, regulations), domestic service, labour health areas, registration and employment exchanges, and forced labour (prohibition except emergencies). Part IV includes supplemental provisions on records, returns, administration by authorised labour officers, settlement of disputes, compensation, costs, and miscellaneous matters including application to public authorities, contracts abroad, regulations, savings, repeals, transitional provisions, and interpretation. The Schedule contains transitional and saving provisions.

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