Section 77-79 of the Labour Act 2004

Section 77, 78, 79 of the Labour Act 2004 is under Part IV (Supplemental), and collectively titled ‘Administration‘.

Section 77 of the Labour Act 2004

Authorized labour offices.

(1) The Minister may by writing under his hand authorize-
(a) any public officer serving in a ministry or department for which the Minister is responsible; and
(b) with the consent of the State Authority, any officer in the public service of a State, to be an authorized labour officer for the purposes of this Act

(2) An authorization under subsection (1) of this section may-
(a) as regards the officer authorized, be made by name or by office;
(b) relate to the whole of the Federation or any specified part or parts thereof; and
(c) relate to the whole of this Act or any specified provision or provisions thereof.

(3) No authorized labour officer, except in so far as is necessary for the purposes of a complaint or prosecution under this Act, shall publish or disclose to any person the details of any manufacturing, commercial or working process which may come to his knowledge in the course of his duties.
(4) An authorized labour officer shall treat as absolutely confidential the source of any complaint alleging a contravention of this Act, and where he visits an employer’s premises in consequence of such a complaint, shall give no indication to the employer or the employer’s representative that the visit was made in consequence of the complaint.

Section 78 of the Labour Act 2004

Powers of authorized labour officers

(1) In addition to any other powers conferred by this Act, an authorized labour office may for the purpose of facilitating or ensuring the proper operation of this Act-
(a) enter, inspect and examine by day or night any labour encampment, farm, factory or other land or workplace whatsoever (and every part thereof) if he has reasonable cause to believe that any worker is employed therein or thereon;
(b) enter, inspect and examine by day any premises provided by an employer in which he has reasonable cause to believe that workers are living;
(c) enter, inspect and examine any hospital building, sanitary convenience, messroom or water supply provided for or used by workers;
(d) take with him a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his functions;
(e) require the production of any registers, certificates, notices or other documents kept in pursuance of this Act and inspect, examine and copy any of them;
(f) make such examination and enquiry as may be necessary to ascertain whether the provisions of this Act are being complied with, so far as respects any labour encampment, farm, factory or other land or workplace whatsoever and any person employed therein or thereon;
(g) inspect and examine all food provided for the use of workers and take samples thereof, so however that-
(i) any sample taken in pursuance of this paragraph shall be taken in duplicate in the presence of the employer of the workers (or, if the employer is not readily available, in the presence of a foreman or other responsible person) and shall be labelled and sealed in the presence of the employer, foreman or other responsible person, and
(ii) one sample so labelled and sealed shall be left with the employer, foreman or other responsible person;

(h) take or remove for the purpose of analysis samples of materials and substances used or handled by workers from premises not covered by the Factories Act, subject to the employer or his representative being notified and given an opportunity to be present when the samples are taken;
(i) interrogate, either alone or in the presence of another person as he thinks fit, with respect to matters to which this Act relates, any person whom he finds in or on any labour encampment, farm, factory or other workplace whatsoever or whom he has reasonable cause to believe to have been within the preceding three months employed in or on any labour encampment, farm, factory or other land or workplace whatsoever, so however that no person shall be forced to answer any question tending to incriminate himself;
(j) with the consent in writing of the Minister and subject to any powers conferred by the Constitution of the Federal Republic of Nigeria on the Attorney-General or Director of Public Prosecutions of the Federation or a State, prosecute, conduct or defend before a magistrate’s court, a district court or a court given jurisdiction under section 80 (2) of this Act in his own name (or, where he is acting under section 83 (5) of this Act, in the name of the complainant) any complaint or other proceeding arising under this Act or otherwise in the exercise of his functions as an authorized labour officer;
(k) direct any person who has in his opinion contravened any provision of this Act, to remedy the contravention within a specified and reasonable period; and
(l) direct the posting of a notice in any premises if he is satisfied that it is necessary or expedient for the proper implementation of this Act.

(2) Any person directed to take remedial action under subsection (1) (k) of this section may, if he is dissatisfied with the direction, within fourteen days or within any period stated in the direction, whichever is the less, appeal m writing to the Minister, who may refer the case for advice to any person or persons considered by him to be suitable and whose decision shall be final.

(3) Any person who-
(a) obstructs an authorized labour officer in the exercise of his functions under this section or any other provision of this Act; or
(b) fails to comply with a direction under subsection (1) (k) of this section (no appeal having been made under subsection (2) of this section or any such appeal having been disposed of); or
(c) fails to comply with a direction under subsection (1) (l) of this section,
shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N1,000 or to imprisonment for a period not exceeding two years, or to both.

Section 79 of the Labour Act 2004

Delegation of functions

(1) Subject to this section, the Minister may delegate any of his functions under this Act-
(a) to a public officer serving in a ministry or department for which the Minister is responsible; or
(b) as regards a State, to the Minister in the Government of the State responsible for labour matters or, with the consent of the State Authority, to an officer in the public service of the State.

(2) Subsection (1) of this section does not apply to the power of delegation conferred by that subsection or to any power to make regulations or orders.
(3) A delegation under subsection (1) of this section may be made subject to such conditions and limitations, if any, as the Minister thinks fit.

(4) The delegation of a function under subsection (1) of this section shall not prevent the Minister from continuing to exercise the function himself if he sees fit.

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Section 75-76 of the Nigerian Labour Act 2004

Section 75, 76 of the Nigerian Labour Act 2004 is under Part IV (Supplemental), and collectively titled ‘Records and returns‘.

Section 75 of the Labour Act 2004

Records

(1) It shall be the duty of every employer to keep such records of wages and conditions of employment as are necessary to show that this Act is being complied with.

(2) Without prejudice to the generality of subsection (1) of this section, every employer shall keep in respect of each of his workers to whom a statement has been given under section 7 of this Act, a record showing-
(a) the name and address of the worker;
(b) his town (or other place) of origin;
(c) the date of his birth;
(d) the name and address of his next of kin;
(e) the date and place of his engagement;
(f) his National Provident Fund number; and
(g) the date of cessation of employment.

(3) Records kept pursuant to subsections (1) and (2) of this section shall be retained for three years after the time to which they refer.
(4) Any employer who-
(a) knowingly and with intent to avoid compliance with any provision of this Act, omits to keep any or any sufficient record of any particular wages or conditions of employment, or
(b) fails to comply with subsection (2) or (3) of this section,
shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N200.

Section 76 of the Labour Act 2004

Returns

(1) The Minister may require returns and statistics, whether periodical or otherwise, to be furnished by employers as to the number of persons employed by them in any particular class of employment and as to the rates of remuneration and other conditions in that or any other class of employment.

(2) Any employer who fails to furnish any returns or statistics which he is required to furnish under subsection (1) of this section shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N200.

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Section 73-74 of the Nigerian Labour Act 2004

Section 73, 74 of the Nigerian Labour Act 2004 is under Part III (Special Classes Of Worker And Miscellaneous Special Provisions) of the act, and collectively titled ‘Forced labour‘.

Section 73 of the Labour Act 2004

Prohibition of forced labour

(1) Any person who requires any other person, or l permits any other person to be required, to perform forced labour contrary to section 31 (1) (c) of the Constitution of, the Federal Republic of Nigeria shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N1,000 or to imprisonment for a period not exceeding two years, or to both.

(2) Any person who, being a public officer, puts any constraint upon the population under his charge or upon any members thereof to work for any private individual, association or company shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N200 or to imprisonment for a period not exceeding six months, or to both.

Section 74 of the Labour Act 2004

Labour required in emergencies and for communal obligations

(1) The Minister may make regulations regulating the requisition of labour of the kind defined in section 31 (2) (c) and (d) (i) of the Constitution of the Federal Republic of Nigeria (that is to say, labour required in the event of any emergency or calamity threatening the life or well-being of the community, and labour that forms part of normal communal or other civil obligations).

(2) Regulations made under subsection (1) of this section-
(a) may specify for an offence under the regulations (including a failure or refusal, without reasonable cause, to render labour lawfully required thereunder) a fine not exceeding N200 or imprisonment for a period not exceeding six months, or both, and as a daily penalty a fine not exceeding N10 or imprisonment for a period not exceeding seven days, or both; and
(b) may add to, amend or repeal subsections (3) to (6) of this section.

(3) Subject to this section, the prescribed authority may require the inhabitants of any town or village subject to its jurisdiction to provide labour for any of the following purposes-
(a) the construction and maintenance of buildings used for communal purposes, including markets but excluding juju houses and places of worship;
(b) sanitary measures;
(c) the construction and maintenance of local roads and paths;
(d) the construction and maintenance of town or village fences;
(e) the construction and maintenance of communal wells; and
(f) other communal services of a similar kind in the direct interest of the inhabitants of the town or village.
(4) No labour shall be required under subsection (3) of this section unless-
(a) the inhabitants of the town or village or their direct representatives have been previously consulted by the prescribed authority with regard to the need for the proposed service; and
(b) a majority of the inhabitants or representatives, as the case may be, has agreed to the requiring of the labour.

(5) In subsections (3) and (4) of this section “town or village” excludes a township but includes any area (other than a township) declared by the Minister by order to be a town or village for the purposes of this section.

(6) Any person who does not wish to execute his share of any labour required under subsection (3) of this section may be excused from doing so on payment to the
prescribed authority of such sum per day, while the labour is being done, as represents the current daily wage for unskilled labour.
(7) Nothing in this section shall be taken to authorize the exaction from any person of any work or service for which that person does not offer himself voluntarily where apart from this section the exaction of that work or service would be illegal.

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Section 68-72 of the Nigerian Labour Act 2004

Section 68, 70, 71, 72 of the Nigerian Labour Act 2004 is under Part III (Special Classes Of Worker And Miscellaneous Special Provisions) of the act, and collectively titled ‘Registration, employment exchanges, etc.‘.

Section 68 of the Labour Act 2004

Registration of employers

(1) The Minister may make regulations for the registration of employers.

(2) Regulations made under this section may-
(a) provide for the registration of employers (or specific classes of employers) generally or in specific areas to be prescribed in the regulations;
(b) prescribe the manner of, and conditions for, registration and the person by whom and the manner in which the register is to be maintained;

(c) prescribe the circumstances in which employers may be refused registration or struck off the register;
(d) without prejudice to the generality of paragraph (c) of this subsection, provide for employers to be refused registration or to be struck off the register, as the case may be, if they Fail to comply with conditions specified in the regulations;
(e) prohibit the employment of citizens as workers by unregistered employers;
(f) impose penalties for contraventions of the regulations not exceeding a fine of N1,500 or imprisonment For a period of two years, or both; and
(g) contain such incidental or related provisions as the Minister thinks necessary or expedient.

Section 69 of the Labour Act 2004

Labour schemes

(1) Where the Minister has agreed with the representatives of the employers’ and workers’ organisations within an industry or area as to the desirability of establishing a scheme for labour within that industry or area he may make an order, if he thinks fit, in respect of the industry or area in question.

(2) Where an order is made under subsection (1) of this section in respect of an industry or area-
(a) it shall be the duty of every employer who is engaged in the industry or ordinarily has a place of business in the area, as the case may be, to apply for registration in accordance with any regulations made under subsection (5) of this section;
(b) every industrial worker under the age of fifty-five years who is employed in the industry or, as the case may be, is ordinarily resident in the area shall be liable to compulsory registration under those regulations if an order is made in respect of him under paragraph (c) of this subsection;
(c) the Minister may by order require any class or classes of industrial workers to whom paragraph (b) of this subsection applies to present themselves for registration in
such manner, at such place and within such times as may be specified in the order; and
(d) the Minister may by order forbid such employers as are mentioned in paragraph (a) of this subsection (or any specified class thereof)-
(i) to carry on business in the industry or area, as the case may be, unless they are registered accordingly, or
(ii) to employ industrial workers (or any specified class thereof) in the industry or area, as the case may be, unless the workers are registered accordingly.

(3) An authorized labour officer, where he is satisfied than an employer who has not applied for registration in pursuance of subsection (2) (a) of this section is a person who ought to have done so, may by notice in writing call upon the employer to apply accordingly.
(4) For the purposes of subsection (2) (b) of this section, an industrial worker-
(a) shall be presumed to be under the age of fifty-five years unless he satisfies an authorized labour officer to the contrary; and
(b) if he is present in an area to which an order made under subsection (1) of this section applies, shall be presumed to be ordinarily resident in that area unless he satisfies an authorized labour officer that he is residing there for some temporary purpose only.

(5) The Minister may make regulations for the purposes of this section-
(a) establishing offices for the registration of employers and industrial workers;
(b) prescribing forms of application for registration and certificates of registration, and such other forms as may be needed for the purposes of the regulations;
(c) providing for the issue of certificates of registration and their replacement if lost or destroyed;
(d) prescribing the particulars to be furnished on application for registration and on registration;
(e) prescribing the duties of registered persons and others in respect of certificates of registration; and
(f) prescribing fees and providing generally for registration under this section.

Section 70 of the Labour Act 2004

Employment exchanges

The Minister may make regulations-
(a) authorizing the establishment of registration offices, to be known as employment exchanges, at which industrial workers may attend for registration and make application for employment and to which employers may notify vacancies;
(b) providing for the issue of certificates of registration and identity to registered industrial workers and the replacement, on payment of such fee as may be prescribed, of any such certificates when lost or destroyed;
(c) prescribing the particulars to be furnished on registration;

(d) providing for the taking of photographs and fingerprints of registered industrial workers as a means of identification;
(e) regulating or restricting the numbers of registered industrial workers employed, either generally or in specified businesses or undertakings;
(f) prescribing the duties of registered persons and others in respect of certificates of registration and identity;
(g) requiring employers in such occupations as may be specified to furnish returns of such matters relating to the employment of workers as may be specified; and
(h) prescribing fees to be charged under the regulations.

Section 71 of the Labour Act 2004

Fee-charging employment agencies

(1) No person shall establish or operate a fee-charging employment agency save with the written consent of the Minister.
(2) The Minister may make regulations providing for the supervision and control of fee-charging employment agencies and prescribing the scale of fees which they may charge.

(3) In this section, “fee-charging employment agency” means-
(a) an agency conducted by any person who acts as an intermediary for the purpose of procuring employment for a worker or supplying a worker to an employer with a view to deriving either directly or indirectly any pecuniary or other material advantage from either employer or worker; or
(b) an agency for conducting the placing services of any company, institution, agency or other organisation which, although the agency is not conducted with a view to obtaining any pecuniary or other material advantage, levies from either employer or worker for those services an entrance fee, a periodical contribution or any other charge,
but excludes any organisation for the production of newspapers (or other publications) which are not produced wholly or mainly for the purpose of acting as intermediaries between employers and workers.

Section 72 of the Labour Act 2004

Offences

(1) Any person who with intent to deceive-
(a) gives any false particulars for the purposes of section 69 (1) to (4) of this Act or any regulations made under section 69 (5) or 70 of this Act; or
(b) forges a registration certificate of the kind provided for in any such regulations; or
(c) uses a forged certificate of that kind; or
(d) lends to or allows to be used by another person a certificate of that kind; or
(e) makes or has in his possession any document so closely resembling a certificate of that kind as to be calculated to deceive; or
(f) uses or displays a certificate of that kind which has not been issued to him,
shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N1,000 or to imprisonment for a period not exceeding one year, or to both.

(2) Any employer or industrial worker who contravenes section 69 (2) of this Act, any employer who fails to comply with a notice under section 69 (3) of this Act and any
person who contravenes section 71 (1) of this Act shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N500 or to imprisonment for a period not exceeding six months, or to both:
Provided that, in any proceedings under this section for such a contravention or for a failure to comply with such a notice, it shall be a defence for the accused to prove that the contravention or failure was due to circumstances beyond his control.

(3) In any proceedings under this section in relation to an industry or area, it shall be presumed until the contrary is proved that the accused-
(a) if he is an employer, is engaged in the industry or ordinarily has a place of business in the area, as the case may be; and
(b) if he is an industrial worker, is under the age of fifty-five years and is engaged in the industry or ordinarily resident in the area, as the case may be.

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Section 66-67 of the Nigerian Labour Act 2004

Section 66, 67 of the Nigerian Labour Act 2004 is under Part III (Special Classes Of Worker And Miscellaneous Special Provisions) of the act, and collectively titled ‘Labour health areas‘.

Section 66 of the Labour Act 2004

Labour health areas

Where the Minister is satisfied that an industrial or agricultural undertaking is situated in an area which, having regard to the existing medical and health conditions and facilities, water supplies and communications, is remote and isolated, he may by order declare the area a labour health area; and, during the period of employment of any worker in a labour health area, the employer shall provide such facilities and make such arrangements as may be specified by regulations made under section 67 of this Act, and shall otherwise comply with the requirements of any such regulations.

Section 67 of the Labour Act 2004

Regulations

The Minister, in respect of labour health areas or any particular labour health area, may make regulations for-( (a) the planning and layout of towns and villages;
(b) the construction of streets, lanes, buildings, markets, open places, drains, latrines, incinerators, wells and tanks;

(c) the provision of housing accommodation for workers, the provision of sanitary arrangements for, and the inspection of, that accommodation, and the limitation of the number of persons or class of persons who may reside in any house;
(d) the supply of water, food and fuel;
(e) the examination of workers by medical officers, that is to say, registered medical practitioners in the service of a public authority or other registered medical practitioners authorized as medical officers by the Minister for the purposes of this paragraph;

(f) the measures to be taken to prevent the introduction or spreading of infectious and contagious diseases;
(g) the compulsory employment of qualified medical practitioners by employers;
(h) the compulsory erection and proper staffing, control and equipping of hospitals by employers and, in default thereof, the recovery from employers of the cost of medical attendance provided by the Federal Government and of the erection and maintenance of any hospitals erected by that Government;
(i) requiring employers to make arrangements with hospital authorities for the medical and surgical treatment of their workers (including, where necessary, accommodation and food in hospital) and to provide any necessary transport for sick or injured workers;
(j) prescribing-
(i) the matters for which the arrangements mentioned in the preceding paragraph shall provide,
(ii) the officer by whom those arrangements are to be approved, and
(iii) the charges which may be made by the hospital authority and the period (not exceeding six weeks) for which the employer shall be liable for those charges;

(k) the keeping of medical attendance registers;
(l) the furnishing of returns of-
(i) the numbers of workers employed either above or below ground and the nature of their employment,
(ii) casualties by way of injury, disease or death, and
(iii) such other matters as the Minister may consider necessary to ensure that the health and welfare of workers are properly attended to;
(m) prescribing fees to be paid for any matter or thing to be done under the regulations;
(n) prescribing-
(i) penalties for offences under the regulations not exceeding a fine of N1,500 or imprisonment for a period of two years, or both, and
(ii) additional penalties for continuing offences not exceeding in the aggregate a fine of N1,500 or imprisonment for a period of two years, or both; and

(o) where any structure is built, renewed, reconstructed or altered in contravention of the regulations-
(i) providing for the service of notice of the contravention on the offending person,
(ii) enabling a specified officer or authority, in default of remedial action being taken in consequence of the notice, to enter the relevant premises and take such remedial action as he considers necessary, and
(iii) providing for the recovery of any expenses incurred by the officer or authority in doing so.

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Section 65 of the Nigerian Labour Act 2004

Section 65 of the Nigerian Labour Act 2004 is under Part III (Special Classes Of Worker And Miscellaneous Special Provisions) of the act, and titled ‘Domestic service – Regulations’.

The Minister may make regulations providing for-
(a) the engagement, repatriation or supervision of domestic servants;
(b) the employment of women and domestic servants;
(c) the housing accommodation and sanitary arrangement of domestic servants; and
(d) the conditions of domestic service generally.

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Section 59-64 of the Nigerian Labour Act 2004

Section 59, 60, 61, 62, 64 of the Nigerian Labour Act 2004 is under Part III (Special Classes Of Worker And Miscellaneous Special Provisions) of the act, and collectively titled ‘Young persons.’

Section 59 of the Labour Act 2004

General. Register of young persons in industrial undertakings.

(1) No child shall-
(a) be employed or work in any capacity except where he is employed by a member of his family on light work of an agricultural, horticultural or domestic character approved by the Minister; or
(b) be required in any case to lift, carry or move anything so heavy as to be likely to injure his physical development.

(2) No young person under the age of fifteen years shall be employed or work in any industrial undertaking:
Provided that this subsection shall not apply to work done by young persons in technical schools or similar institutions if the work is approved and supervised by the Ministry of Education (or corresponding department of government) of a State.
(3) A young person under the age of fourteen years may be employed only-
(a) on a daily wage;
(b) on a day-to-day basis; and
(c) so long as he returns each night to the place of residence of his parents or guardian or a person approved by his parents or guardian:
Provided that, save as may be otherwise provided by any regulations made under section 65 of this Act, this subsection shall not apply to a young person employed in domestic service.

(4) No young person under the age of sixteen years shall be employed in circumstances in which it is not reasonably possible for him to return each day to the place of residence of his parent or guardian except-
(a) with the approval of an authorized labour officer; and
(b) on a written contract (which, notwithstanding any law to the contrary, shall not be voidable on the ground of incapacity to contract due to infancy) conforming with Part I of this Act:
Provided that, save as may be otherwise provided by any regulations made under section 65 of this Act, this subsection shall not apply to a young person employed in domestic service.
(5) No young person under the age of sixteen years shall be employed-
(a) to work underground; or
(b) on machine work; or
(c) on a public holiday.

(6) No young person shall be employed in any employment which is injurious to his health, dangerous or immoral; and, where an employer is notified in writing by the Minister (either generally or in any particular case) that the kind of work upon which a young person is employed is injurious to the young person’s health, dangerous, immoral or otherwise unsuitable, the employer shall discontinue the employment, without prejudice to the right of the young person to be paid such wages as he may have earned up to the date of discontinuance.

(7) No person shall continue to employ any young person under the age of sixteen years after receiving notice either orally or in writing from the parent or guardian of the young person that the young person is employed against the wishes of the parent or guardian:
Provided that this subsection shall not apply to a young person employed under a written contract entered into with the approval of an authorized labour officer.

(8) No young person under the age of sixteen years shall be required to work for a longer period than four consecutive hours or permitted to work for more than eight working hours in any one day:
Provided that, save as may be otherwise provided by any regulations made under section 65 of this Act, this subsection shall not apply to a young person employed in domestic service.

Section 60 of the Labour Act 2004

Night work

(1) Subject to this section, no young person shall be employed during the night.

(2) Young persons over the age of sixteen years may be employed during the night in the following industrial undertakings or activities which by reason of the nature of the process are required to be carried on continuously day and night, that is to say-
(a) in the manufacture of iron and steel, in processes in which reverberatory or regeneratory furnaces are used and in the galvanizing of sheet metal or wire (except the pickling process);
(b) glass works;
(c) manufacture of paper;
(d) manufacture of raw sugar; and
(e) gold mining reduction work.

(3) Young persons over the age of sixteen may be employed during the night in cases of emergency which-
(a) could not have been controlled or foreseen;
(b) are not of a periodical character; and
(c) interfere with the normal working of an industrial undertaking.

(4) In this section, “night” means a period of at least twelve consecutive hours, including-
(a) in the case of young persons under the age of sixteen years, the interval between ten o’clock in the evening and six o’clock in the morning; and
(b) in the case of young persons over the age of sixteen years but under the age of eighteen years, a prescribed interval of at least seven consecutive hours falling between ten o’clock in the evening and seven o’clock in the morning.
(5) For the purposes of subsection (4) (b) of this section, the Minister may prescribe different intervals for different areas, industries, undertakings or branches of industries or undertakings, but shall consult the employers’ and workers’ associations or organizations concerned before prescribing an interval beginning after eleven o’clock in the evening.

Section 61 of the Labour Act 2004

Shipping

(1) No young person under the age of fifteen years shall be employed in any vessel, except where-
(a) the vessel is a school or training vessel and the work on which the young person is employed is-
(i) work of a kind approved by the Minister, and
(ii) supervised by a public officer or by a public department; or
(b) only members of the young person’s family are employed.

(2) No young person shall be employed in a vessel as a trimmer or stoker:
Provided that, where a trimmer or stoker is required in a place in which only young persons are available, young persons of and over the age of sixteen years may be employed in that capacity, so however that two such young persons shall be engaged and employed in the place of each trimmer or stoker required.

(3) No young person shall be employed in any vessel other than a vessel in which only persons of his family are employed unless he is in possession of a certificate signed by a registered medical practitioner to the effect that he is fit for the employment or work; and, where such a certificate is issued, then-
(a) subject to paragraph (b) of this subsection, the certificate shall be valid for one year from the date of issue, or, if it would otherwise expire in the course of a voyage, until the end of the voyage in question; and
(b) the certificate may at any time be revoked by a qualified medical practitioner if he is satisfied that the young person is no longer fit for the employment or work.

(4) There shall be included in every agreement with the crew of a vessel a list of young persons who are members of the crew, together with particulars of the dates of their births; and, in the case of a vessel in which there is no such agreement, the master shall keep a register (which shall at all times be open to inspection by an authorized labour officer or customs officer) of such young persons as may be employed in the vessel with particulars of the dates of their births and the dates on which they became or ceased to be members of the crew.

(5) In this section-
“customs officer” means any person employed in the Department of Customs and Excise, or for the time being performing duties in relation to customs and excise;
“vessel” includes floating craft of every description except ships of war.

Section 63 of the Labour Act 2004

Regulations

The Minister may make regulations-
(a) exempting any occupation which forms part of an industrial undertaking from all or any of the provisions of sections 59 to 62 of this Act or any regulations made under this section;
(b) providing for the registration and identification of young persons;
(c) prescribing the records to be kept and the returns to be made by employers of young persons;
(d) further restricting the employment of young persons in specified occupations;
(e) prescribing additional conditions upon which young persons may be engaged or employed; and
(f) making further provision for the care of young persons by employers.

Section 64 of the Labour Act 2004

Offences

( 1) Any person who employs a young person in contravention of sections 59 to 62 of this Act or any regulations made under section 63 of this Act, the proprietor, owner and manager of any undertaking in which a young person is so employed and any parent or guardian of a young person who permits the young person to be so employed shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N100.

(2) If in the case of a charge for an offence under subsection (1) of this section it is alleged by the person conducting the prosecution that the person in respect of whom
the offence was committed was under the age of twelve, fourteen, fifteen, sixteen or eighteen years at the date of commission of the alleged offence, the magistrate or other person presiding at the hearing shall, after such enquiry as he may think necessary and after hearing any evidence that may be tendered by any party to the proceedings, determine the age of the young person; and any such determination shall be final.

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Section 54-58 of the Nigerian Labour Act 2004

Section 54, 55, 56, 57, 58 of the Nigerian Labour Act 2004 is under Part III (Special Classes Of Worker And Miscellaneous Special Provisions) of the act, and collectively titled ‘Employment of women‘.

Section 54 of the Labour Act 2004

Maternity protection

(1) In any public or private industrial or commercial undertaking or any branch thereof, or in any agricultural undertaking or any branch thereof, a woman-
(a) shall have the right to leave her work if she produces a medical certificate given by a registered medical practitioner stating that her confinement will probably take place within six weeks;
(b) shall not be permitted to work during the six weeks following her confinement;
(c) if she is absent from her work in pursuance of paragraph (a) or (b) of this subsection and had been continuously employed by her then employer for a period of six months or more immediately prior to her absence, shall be paid not less than fifty per cent of the wages she would have earned if she had not been absent; and
(d) shall in any case, if she is nursing her child, be allowed half an hour twice a day during her working hours for that purpose.
(2) Subsection (1) (c) of this section shall have effect notwithstanding any law relating to the fixing and payment of a minimum wage.
(3) No employer shall be liable, in his capacity as an employer, to pay any medical expenses incurred by a woman during or on account of her pregnancy or confinement.

(4) Where a woman-
(a) is absent from her work in pursuance of subsection (1) (a) or (b) of this section; or
(b) remains absent from her work for a longer period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy or confinement and to render her unfit for work, then, until her absence has exceeded such a period (if any) as may be prescribed, no employer shall give her notice of dismissal during her absence or notice of dismissal expiring during her absence.
(5) In subsection (1) (d) of this section, “child” includes both a legitimate and an illegitimate child.

Section 55 of the Labour Act 2004

Night work

(1) Subject to this section, no woman shall be: employed on night work in a public or private industrial undertaking or in any branch thereof, or in any agricultural undertaking or any branch thereof.

(2) Subsection (1) of this section shall not apply to women employed as nurses, in any public or private industrial undertaking or in any agricultural undertaking, nor to women holding responsible positions of management who are not ordinarily engaged in manual labour; and in any proceedings brought under or in connection with the said subsection (1) of this section, it shall be a good defence if it is shown to the satisfaction of the court trying the proceedings that-
(a) the night work in question was due to an interruption of work which it was impossible to foresee and which is not of a recurring character; or
(b) the night work in question had to do with raw material or materials in course of treatment which are subject to rapid deterioration, and it was necessary to preserve such materials from certain loss.

(3) In this section, “night” means-
(a) as respects industrial undertakings, a period of at least eleven (or, where an order under subsection (4) below applies, ten) consecutive hours including the interval between ten o’clock in the evening and five o’clock in the morning; and
(b) as respect agricultural undertakings, a period of at least nine consecutive hours including the interval between nine o’clock in the evening and four o’clock in the morning.

(4) The Minister may by order permit the eleven-hour period mentioned in subsection (3) (a) of this section to be reduced to ten hours on not more than sixty days in any one year in respect of any industrial undertaking if he is satisfied that the undertaking is influenced by the seasons of the year or that the reduction is necessary because of special circumstances.
(5) The Minister may by order exclude from the application of this section, those women covered by a collective agreement in force which permits night work for women, but before making such an order the Minister shall satisfy himself that adequate provision exists for the transportation and protection of the women concerned.

Section 56 of the Labour Act 2004

Underground work

(1) Subject to subsection (2) of this section, no woman shall be employed on underground work in any mine.
(2) Subsection (1) of this section shall not apply to-
(a) women holding positions of management who do not perform manual labour; or
(b) women employed in health and welfare services; or
(c) women who in course of their studies spend a period of training in underground parts of a mine; or
(d) any other women who may occasionally have to enter the underground parts of a mine for the purposes of a non-manual occupation.

Section 57 of the Labour Act 2004

Regulations

The Minister may make regulations prohibiting or restricting, subject to such conditions as may be specified in the regulations, the employment of women in any particular type or types of industrial or other undertakings or in any process or work carried on by such undertakings.

Section 58 of the Labour Act 2004

Offences

(1) Any person, who, being the proprietor, owner or manager of any industrial, commercial or agricultural undertaking, contravenes any provision of section 54 of this Act shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N200 or to imprisonment for a period not exceeding three months, or to both.
(2) Any person who employs a woman in contravention of section 55 (1) or 56 (1) of this Act shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N100 or to imprisonment for a period not exceeding one month, or to both.

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Section 49-53 of the Nigerian Labour Act 2004

Section 49, 50, 51, 52, 53 of the Nigerian Labour Act 2004 is under Part III (Special Classes Of Worker And Miscellaneous Special Provisions) of the act, and collectively titled ‘Apprentices‘.

Section 49 of the Labour Act 2004

Contracts of apprenticeship

(1) The parent or, in the case of an orphan, the guardian of a young person above the age of twelve years and under the age of sixteen years may, with the consent of that person testified by his execution of a written contract of apprenticeship, apprentice that person to an employer to train him or have him trained systematically for a trade or employment in which art or skill is required, or as a domestic servant, for any term not exceeding five years.
(2) Where a young person above the age of twelve years and under the age of sixteen years is without known parents or a guardian, an authorized labour officer may authorize the apprenticeship of that person and appoint some fit and proper person to execute the written contract of apprenticeship and act generally as guardian of that young person.

(3) Any young person of the age of sixteen years or above not being under any contract of apprenticeship may apprentice himself for any term not exceeding five years to any trade or employment in which art or skill is required.
(4) The age of any person may, where no register of births is available, be enquired into and determined by the authorized labour officer before whom a contract of apprenticeship is attested in accordance with section 50 of this Act; and the age so determined shall be conclusive for the purposes of sections 49 to 53 of this Act.
(5) Every contract of apprenticeship may, with the consent of the parties, be assigned by the employer.

(6) A magistrate’s court (or, in a State where a magistrate’s court has no civil jurisdiction, a district court) shall have power and jurisdiction to hear and determine any question arising out of a contract of apprenticeship or any dispute between any of the parties to such a contract, whether arising from breach of the contract or otherwise, and for that purpose shall have all the powers conferred upon a magistrate’s court or district court, as the case may be, by sections 80 to 85 of this Act.

Section 50 of the Labour Act 2004

Attestation

(1) Every contract of apprenticeship and every assignment thereof shall be in writing; and no such writing shall be valid unless attested by and made with the approval of an authorized labour officer certified in writing under his hand on the contract or assignment.

(2) Before attesting any contract of apprenticeship, an authorized labour officer shall-
(a) ascertain that the apprentice has consented to the contract and that his consent has not been obtained by coercion or undue influence or as the result of misrepresentation or mistake; and
(b) satisfy himself that-
(i) the apprentice has been medically examined and certified by a qualified medical practitioner to be physically and mentally fit to be employed and trained in the employment specified in the contract,
(ii) the parties to the contract have fully understood the terms of the contract before signing it or otherwise indicating consent,

(iii) provision has been made in the contract as to the manner in which any remuneration in cash or otherwise due to the apprentice shall be determined and as to the scale of increase in remuneration during the course of the apprenticeship,
(iv) provision has been made in the contract for payment of remuneration to the apprentice during illness and during holidays, if any,
(v) where the apprentice is unable by reason of his apprenticeship to return to his home at the end of each day, the contract contains adequate provision to ensure that the apprentice is supplied with food, clothing, accommodation and medical attention, and
(vi) the terms of the contract are in accordance with any regulations made under section 52 of this Act.

Section 51 of the Labour Act 2004

Retention of apprentice after expiry of contract

If any person with whom an apprentice has been placed, retains the apprentice in his service after the stipulated period of service has expired without any agreement between the parties for the payment of wages, the apprentice shall be entitled to recover from the person so retaining him wages at the ordinary current rate payable for service similar to that performed by the apprentice.

Section 52 of the Labour Act 2004

Regulations

The Minister may make regulations providing for-
(a) the form of contracts of apprenticeship, the terms and conditions upon which contracts of apprenticeship may be lawfully entered into and the duties and obligations of apprentices and their masters;
(b) the registration of contracts of apprenticeship with a specified officer;
(c) the number of apprentices who may be apprenticed during a specified period in any specified trade or employment;
(d) the technical and other qualifications of employers entitling them to take and train apprentices;
(e) the conditions governing the entry of persons over twelve and under sixteen years of age into apprenticeship;

(f) the mutual rights and obligations of employer and apprentice;
(g) the supervision to be established over apprenticeship, with a view to ensuring in particular that the regulations governing apprenticeship and the terms of any contract of apprenticeship are observed, that the training is satisfactory and that there is reasonable uniformity in the conditions of apprenticeship; and
(h) the holding of examinations of apprentices on the expiry of the period of apprenticeship and, where necessary, in the course of apprenticeship, determining the methods of organizing the examinations and the issue of certificates based on the results thereof.

Section 53 of the Labour Act 2004

Offences. General

(1) Any person who removes or attempts to remove any apprentice who is above the age of twelve years and under the age of sixteen years from Nigeria without the authority in writing of the Minister shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N500 or to imprisonment for a period not exceeding one year, or to both.

(2) Any person who employs an apprentice for more than six months on a contract which has not been attested under section 50 of this Act or induces or attempts to induce any apprentice to quit the service of his employer shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N200 or to imprisonment for a period not exceeding six months, or to both.

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Section 48 of the Nigerian Labour Act 2004

Section 48 of the Nigerian Labour Act 2004 is under Part II (Recruiting) of the act, and titled ‘Application‘.

(1) This Part is additional to and not in derogation of Part 1 of this Act but shall not apply to the recruiting of citizens for service as workers m Nigeria if the recruiting-
(a) is undertaken by or on behalf of an employer who does not employ more than twenty-five workers; or
(b) is undertaken within a radius of forty kilometres from the place of employment,
and is not undertaken by a professional recruiter, that is to say, a person who holds a recruiter’s licence.

(2) The Minister may make regulations applying this Part of this Act (with such modifications, if any, as he thinks appropriate) to labour contractors that is to say, persons who undertake to provide another party with the services of workers while themselves remaining the employers of the workers in question.

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