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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.
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.
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.
Section 45, 46, 47 of the Nigerian Labour Act 2004 is under Part II (Recruiting) of the act, and collectively titled ‘Enforcement provisions‘.
Section 45 of the Labour Act 2004
Inducing recruiting by fraud, etc.
(1) No person shall by fraud, falsehood, intimidation, coercion or misrepresentation induce any worker to enter into a contract under this Part, and any contract entered into by reason of any such inducement shall be void, save that the employer or his agent shall be liable to pay wages due under the contract and to provide for the return to his place of abode of any worker engaged thereunder, together with any members of his family who have accompanied him.
(2) If the employer or his agent fails to pay the wages in question or to provide for the return of the worker and the members of his family in accordance with subsection (1) of this section, the wages shall be paid, and the expenses of the return shall be borne, by the Federal Government, and real be recovered by that Government from the employer or his agent by deduction from any deposit or security given under section 24 (7) of this Act or by civil proceedings.
Section 46 of the Labour Act 2004
Neglect or illtreatment
(1) Any employer who neglects or ill-treats any worker whom he has contracted to employ in accordance with this Part 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 one year, or to both.
(2) Where an employer or his agent is convicted of any offence under subsection (1) of this section, the convicting court shall report the case to the Minister, who may by notice in the Federal Gazette cancel any contract into which the employer or his agent may have entered in accordance with this Part of this Act. (3) Any cancellation under subsection (2) of this section shall have effect from the date of the publication of the relevant notice.
(4) Every worker whose contract has been cancelled under subsection (2) of this section shall be maintained and conveyed to his place of abode (together with any members of his family who have accompanied him) at the expense of the Federal Government, and all sums reasonably expended upon the maintenance and conveyance, together with any wages due to the worker under the cancelled contract, may be recovered from the employer or his agent by deduction from any deposit or security given under section 24 (7) of this Act or by civil proceedings. (5) The cancellation of a contract under this section shall not prevent the taking of legal proceedings in respect of the contract under this or any other enactment.
Section 47 of the Labour Act 2004
Other offences
(1) Any person who- (a) recruits or attempts to recruit any citizen contrary to section 23 of this Act; or (b) contravenes or fails to give effect to any special condition or restriction endorsed on an employer’s permit granted under section 24 of this Act, or a recruiter’s licence granted to him under section 25 of this Act; or (c) being a holder of a recruiter’s licence, recruits citizens for a person who is not a holder of an employer’s permit; or (d) induces or attempts to induce, or assists or offers to assist, any citizen to leave Nigeria in order to be employed as a worker outside Nigeria otherwise than under a contract which conforms with section 40 of this Act; or
(e) engages or offers or agrees to employ or to find employment for any citizen as a worker outside Nigeria except under a contract which conforms with section 40 of this Act; or (f) fails to surrender to the Minister an employer’s permit in the circumstances mentioned in paragraph (a) and (b) of section 41 of this Act; or (g) contravenes section 26, 27, 29 or 30 of this Act (or any direction issued thereunder), shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N2,000 or to imprisonment for a period not exceeding five years, or to both.
(2) Any employer or employer’s agent who fails to offer a return passage in compliance with section 38 (2) of this Act shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N200; and any repatriation expenses incurred by the Federal Government as a result of the failure may be recovered by that Government from the employer or employer’s agent by deduction from any deposit or security given under section 24 (7) of this Act or by civil proceedings.
Section 36, 37, 38, 39, 40, 41, 42, 43, 44 of the Nigerian Labour Act 2004 is under Part II (Recruiting) of the act, and collectively titled ‘Recruiting for employment outside Nigeria‘.
Section 36 of the Labour Act 2004
Power of prohibition
The National Council of Ministers may by order prohibit the recruitment or engagement of citizens for employment outside Nigeria in any territory named in the order.
Section 37 of the Labour Act 2004
International agreements
Where there is in existence a treaty, convention or other international agreement between Nigeria and any other country relating to the recruitment of citizens for employment outside Nigeria, the National Council of Ministers may by order give the force of law to all or any of the provisions of the agreement in place of or in addition to sections 38 to 44 of this Act or any particular provisions of those sections.
Section 38 of the Labour Act 2004
Duration of contract and return passages
(1) The period of a foreign contract shall be in accordance with the terms of any agreement entered into between Nigeria and any other country for the purpose of the recruitment in Nigeria of Nigerian workers for service in the country concerned, and subject thereto, a foreign contract shall not be for a longer period than- (a) one year, if the worker is not accompanied by his family; or (b) two years, if the worker is accompanied by his family.
(2) Within thirty days after the expiration of a foreign contract, the employer to whom the employer’s permit was granted under section 24 of this Act (or the agent of that employer) shall offer to provide the worker with a return passage for himself and his family, if any, to the place of recruitment, together with proper accommodation and maintenance on the journey.
(3) If, while a worker under a foreign contract is on a journey or voyage- (a) the period expressed in his contract for the duration of the contract expires; or (b) he gives notice to terminate the contract, the employer may prolong the contract for a period not exceeding one month for the purpose of completing the journey or voyage.
Section 39 of the Labour Act 2004
Procedure prior to leaving Nigeria
(1) No citizen shall leave Nigeria under a foreign contract to serve as a worker outside Nigeria unless he has been- (a) medically examined under section 8 of this Act and passed fit to perform the work for which he was engaged; and (b) brought before an authorized labour officer and certified by that officer as duly recruited in accordance with this Part of this Act.
(2) Before issuing a certificate under subsection (1) (b) of this section, an authorized labour officer shall satisfy himself that- (a) a valid contract for employment of the citizen has been duly entered into in accordance with section 40 of this Act; (b) the citizen has obtained- (i) the consent in writing of the local government authority within whose jurisdiction he ordinarily resides signified before an administrative officer, and a certificate in writing from the administrative officer to that effect, or (ii) if the citizen does not ordinarily reside within the jurisdiction of a local government authority, the consent in writing of an administrative officer; (c) the citizen has not been subjected to illegal pressure or recruited by misrepresentation or mistake; (d) the citizen has been recruited in accordance with this Part of this Act; (e) the citizen is of or above the proper age for recruitment in accordance with section 27 (4) of this Act; and (f) the citizen has been medically examined under section 8 of this Act and passed fit to perform the work for which he has been recruited.
(3) An administrative officer shall not give a certificate or his consent under subsection (2) (b) of this section unless he is reasonably satisfied with regard to the citizen concerned- (a) that the citizen is not abandoning wives, children or other relatives dependent upon him for maintenance and that due provision has been made for the maintenance during the citizen’s absence of any persons dependent upon him; and (b) that the citizen’s absence from Nigeria is not obviously inconsistent with engagements into which he has previously entered or with obligations imposed by law, custom or usage.
Section 40 of the Labour Act 2004
Special terms and conditions of contract
(1) Every foreign contract shall, in addition to any terms or conditions required to be inserted by any other provision of this Act, contain terms or conditions- (a) providing for workers to have one day free of work in each week; (b) providing for a daily ration of food to be provided free; (c) providing for- (i) rations and half pay to be given from the date of recruitment to the date of departure from Nigeria, and full pay and rations thereafter, and (ii) full pay and rations to be given on the return journey up to disembarkation in Nigeria, and rations and half pay to be given from the point of disembarkation to the place of recruitment; (d) providing for one half (or such other proportion as may be specified in the contract) of his wages to be paid monthly to the worker direct in lawful currency, and for the remaining portion to be remitted to an authorized labour officer in the area in which the worker was recruited for payment to the worker on his return to his home; (e) giving particulars of the clothing, blankets, cooking utensils, fuel and housing accommodation to be furnished by the employer free of charge; (f) giving particulars of the medical attention and housing accommodation to be provided by the employer free of charge; (g) giving particulars of the transport to be provided free to the worker from and to the place of recruitment and the place of employment;
(h) giving particulars of the arrangements to be made with regard to the provision of rations and the matters mentioned in paragraphs (e), (f) and (g) of this subsection to members of families authorized to accompany workers; (i) giving particulars of the terms and conditions of repatriation of workers and their families and of the procedure to be followed in case of a refusal of repatriation; (j) giving particulars of the procedure to be followed in case of the death or desertion of or other casualty to the worker, with particular reference to- (i) the payment of any wages due to him, (ii) the distribution of any moneys in the hands of an authorized labour officer, and (iii) the reporting of the death, desertion or other casualty to the proper authorities; (k) giving particulars of the deductions which may be made from the wages of the worker and the worker’s rights of appeal; (l) giving particulars of the procedure to be followed for the dismissal of the worker for inefficiency arising from sickness or for any other reason, and of his rights under that procedure; and (m) specifying the terms of re-engagement.
(2) Every foreign contract shall be made in triplicate and entered into in the presence of an authorized labour officer, who shall- (a) upon the production to him of the employer’s permit authorizing the engagement of the worker in question, cause the contract to be read over to the worker or, if the worker is unable to understand the language in which the contract is written, to be translated orally into a language which is understood by the worker; and (b) if he is satisfied that the contract is fully understood and voluntarily entered into by the worker, certify by endorsement on the contract that he has carried out the provisions of this subsection and that the worker has been duly recruited under this Part of this Act; and (c) enter on the employer’s permit the number of workers engaged there under.
(3) The Minister shall ensure that a copy of every foreign contract is transmitted as soon as may be to the government of the territory in which the place of employment is situated. (4) An authorized labour officer shall keep a register of- (a) the name and place of abode of every worker entering into a foreign contract before him under subsection (2) of this section; (b) the date and duration of the contract; (c) the place of employment thereunder; (d) the name of the employer and his agent, if any; and (e) the nature of the employment, and the register (or a copy of any entry therein certified as a true copy by that or another authorized labour officer) shall be received in any court as evidence of the facts stated therein without further proof.
Section 41 of the Labour Act 2004
Surrender of permits
Where in relation to a foreign contract- (a) the full number of workers authorized by the employer’s permit has been engaged; or (b) the period for which the permit was issued has expired, the permit shall be surrendered to an authorized labour officer for transmission forthwith to the Minister.
Section 42 of the Labour Act 2004
Embarkation check
Where a foreign contract is entered into before an authorized labour officer under section 40 (2) of this Act- (a) the employer or his agent shall supply the authorized labour officer with a list of all the workers engaged under the contract; (b) the authorized labour officer shall transmit the list as soon as possible to the officer in charge of police at the port of embarkation; and (c) the said officer in charge of police (or a police officer acting under his direction) shall- (i) superintend the embarkation of the workers, (ii) cause each worker to report himself so that his name may be checked with the list, and (iii) on completion of the check, report to the authorized labour officer the fact of completion and such other matters in connection with the embarkation as he thinks necessary.
Exemption from customs on repatriation
Section 43 of the Labour Act 2004
Exemption from customs on repatriation
The personal effects and tools belonging to workers (or members of their families) who- (a) have left Nigeria in pursuance of a foreign contract; and (b) are repatriated either by the employer or his agent or by the Federal Government, shall be exempt from customs duties.
Section 44 of the Labour Act 2004
Right to be accompanied by family at employer’s expense.
Where a worker is recruited for employment outside Nigeria, it shall be the duty of the employer to provide facilities at his own expense to enable the worker’s family (not exceeding two wives and such of his children under the age of sixteen years as he wishes to accompany him) to accompany him to the place of employment and to remain there for the full duration of the contract: Provided that, if the contract is for less than one year, provision may be made for the family to remain for less than the full duration of the contract.
Section 33, 34, 35 of the Nigerian Labour Act 2004 is under Part II (Recruiting) of the act, and collectively titled ‘Recruiting for employment in Nigeria‘.
Section 33 of the Labour Act 2004
Procedural requirements
(1) No citizen recruited for employment in Nigeria shall be employed until he has- (a) been medically examined under section 8 of this section and passed fit to perform the work for which he has been recruited; and (b) been brought before an authorized labour officer and certified as properly and duly recruited in accordance with this Part of this Act.
(2) An authorized labour officer shall, before issuing a certificate under subsection (1) (b) of this section, satisfy himself that the contract conforms with Part I of this Act and that the recruited worker- (a) understands and agrees to the terms upon which he is to be employed; (b) has not been subjected to illegal pressure or recruited by misrepresentation or mistake; (c) has been recruited in accordance with this Part of this Act; (d) is accompanied by such members of his family as he wishes to take with him under section 34 of this Act; (e) subject to section 27 (4) of this Act, is of or above the age of eighteen years; and (f) has been medically examined and passed fit to perform the work for which he has been recruited.
Section 34 of the Labour Act 2004
Right to be accompanied by family
(1) Any citizen who is recruited for service in Nigeria may be accompanied to his place of employment and attended during his employment there by such members of his family (not exceeding two wives and such of his children as are under the age of sixteen years) as he wishes to take with him
(2) No person shall induce or attempt to induce any recruited worker not to require to be accompanied by members of his family under subsection (1) of this section, or prevent or attempt to prevent those members from so accompanying the worker. (3) Notwithstanding subsection (1) of this section, the Minister may by order, either generally or in respect of any particular recruiting operation, limit the number of wives and children who may accompany a recruited worker.
Section 35 of the Labour Act 2004
Deferment of wages
(1) The Minister may in his discretion allow the payment of wages due to a recruited worker who is engaged for employment within Nigeria to be deferred until the completion of his contract: Provided that not more than one-half of each month’s wages shall be so deferred.
(2) Where an employer is authorised to defer the wages of a worker under subsection (1) of this section- (a) the Minister may require the employer either to deposit a sum of money by way of security, or to enter into it bond in such form as the Minister thinks fit for the due payment of the deferred wages; and (b) on completion of the contract the amount of the deferred wages shall be paid to the worker at such place and in such manner as the Minister may direct.
Section 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 of the Nigerian Labour Act 2004 is under Part II (Recruiting) of the act, and collectively titled ‘Recruiters and recruiting generally‘.
Section 23 of the Labour Act 2004
Prohibition of recruiting except under permit or licence
(1) Subject to this section and section 48 of this Act, no person or association shall recruit any citizen for employment as a worker in Nigeria or elsewhere except in pursuance of an employer’s permit or recruiter’s licence. (2) Where a worker- (a) is employed by an undertaking for which it is proposed that he should recruit other workers; (b) is formally commissioned in writing by his employer to recruit other workers for the undertaking; (c) does not receive any remuneration or other advantage from the recruiting; and (d) does not make advances of wages to the workers he recruits, the Minister may waive the need for a permit or licence under subsection (1) of this section and issue to the worker certificate to recruit citizens for service as workers in Nigeria, subject to such conditions (which shall be endorsed on the certificate) as the Minister thinks fit. (3) If any worker to whom a certificate has been issued under subsection (2) of this section is convicted of an offence under section 46 or 47 of this Act, the Minister may forthwith cancel the certificate.
Section 24 of the Labour Act 2004
Employer’s permit
(1) If any person is desirous of recruiting- (a) for himself or any other person; or (b) for any association of employers; or (c) for a public authority; or (d) for the government of any country outside Nigeria, the services of any citizen as a worker in Nigeria or elsewhere, he may apply in writing to the Minister giving the particulars specified in subsection (2) of this section.
(2) The particulars referred to in subsection (1) of this section are- (a) the number of workers required; (b) the place where the work is to be performed; (c) the nature of the work; (d) the wages to be paid; (e) the duration of the proposed contract; and (f) whether or not it is desired to obtain the workers through a recruiter. (3) Where the work is to be performed outside Nigeria, the Minister may require the production of a letter of recommendation from the government of the place where the work is to be performed certifying that the applicant is a fit and proper person to be granted a permit. (4) Upon receipt of an application under subsection (1) of this section and, if required, a letter of recommendation under subsection (3) of this section, the Minister may grant to the applicant a permit to engage personally or through a recruiter the number of workers required (or a smaller number) within such area as may be specified in the permit.
(5) The particulars of every permit granted under this section shall be published in the Federal Gazette, and no such permit shall remain in force for a longer period than six months from the date of issue. (6) It shall be an implied term of every permit granted under this section that the workers recruited shall be grouped at the place of employment under suitable ethnical conditions.
(7) Except in the case of workers recruited for the service of a public authority, the Minister shall- (a) before granting a permit under this section, require security in such amount as he may think fit (either by way of deposit or otherwise) to be given by the employer or his agent or both- (i) for the payment of the wages and travelling expenses of the workers about to be recruited; (ii) for the payment of any expenses which may be incurred by the Federal Government in respect of the workers or their families; and (iii) for the payment of any fine which may be imposed upon the employer under this Part of this Act; and (b) endorse upon the permit full particulars of the security given.
Section 25 of the Labour Act 2004
Recruiter’s licence
(1) The Minister may license fit and proper persons to recruit citizens in Nigeria for the purpose of- (a) employment as workers outside Nigeria; or (b) employment as workers in Nigeria: Provided that any person who has been granted a licence to recruit citizens for employment outside Nigeria may also be granted a licence to recruit citizens for employment inside Nigeria. (2) A licence granted under this section shall be valid for a period of twelve months from the date of issue, and notification of the grant shall be published in the Federal Gazette.
(3) The grant of a licence under this section may be made subject to such conditions and restrictions as the Minister may think fit; and any such conditions or restrictions shall be endorsed upon the licence. (4) Every applicant for a licence under this section shall, if so required by the Minister, furnish such financial or other security for his proper conduct as may be required.
(5) The Minister may at any time- (a) suspend a licence granted under this section pending the result of any investigation into any alleged irregularity; and (b) withdraw the licence if the licensee has been convicted of any offence under this or any other law or has otherwise so conducted himself as in the opinion of the Minister to be no longer a fit and proper person to undertake recruiting operations. (6) Where a licence is suspended or withdrawn under subsection (5) of this section, notification of the suspension or withdrawal shall be published in the Federal Gazette.
Section 26 of the Labour Act 2004
Restrictions on recruiting
(1) No recruiting operations shall be conducted in any area in which recruiting is prohibited by the Minister by order or in a labour health area. (2) No recruiter shall recruit workers for service with any person- (a) unless that person is in possession of a valid permit granted under section 24 of this Act; or (b) in excess of the number of workers authorized to be recruited by the permit; or (c) from any area or place which is not specified in the permit.
(3) No public officer shall- (a) act as a recruiting agent; or (b) exercise pressure upon possible recruits; or (c) receive from any source whatsoever any special remuneration or other special inducement for assistance in recruiting.
Section 27 of the Labour Act 2004
Recruiting: miscellaneous provisions
(1) Every recruiter shall keep in the prescribed form records from which the regularity of every recruiting operation and of his own conduct can be verified and shall produce the records for inspection on demand by an authorized labour officer. (2) No person shall assist a recruiter in a subordinate capacity in the actual recruiting operation unless he has been approved in writing by the Minister and has been furnished with written authority by the recruiter; and, where a recruiter’s assistant commits an offence under this Part of this Act, both the assistant and the recruiter shall be deemed to have committed the offence and shall each be liable on conviction to the penalty therefor.
(3) A recruiter who is the agent or assistant of another recruiter- (a) shall receive a fixed salary; or (b) with the written approval of the Minister, may receive remuneration calculated at a rate per capita of workers recruited, the rate being specified in the approval.
(4) No recruiter shall recruit any young person: Provided that the Minister may in writing authorize the recruitment of young persons whose apparent age exceeds sixteen years with the consent of the parents or guardian for employment in an occupation appearing to the Minister not to be injurious to their moral or physical development, subject to such safeguards relating to their welfare as may be stated in the authorization.
(5) No advance in excess of a total sum of ten naira shall be paid to any recruited worker in respect of wages prior to his employment, and any advance which is made shall be subject to such conditions as the Minister may direct either generally or in respect of any particular case.
(6) In any case where a recruited worker is not engaged at or near the place of recruiting, the Minister may in his discretion require, either generally or in any specific .recruiting operation, the issue to the worker of a document in writing containing particulars of- (a) the identity of the worker; (b) the prospective conditions of employment; and (c) any advance of wages made to the worker; and containing such other particulars as the Minister may consider necessary. (7) The recruiting of the head of a family shall not be deemed to involve the recruiting of any member of his family. (8) Where a worker’s family accompanies him to his place of employment under section 34 or 44 of this Act, he and the members of his family shall not be separated except at the express request of the persons concerned.
Section 28 of the Labour Act 2004
Health
(1) Every recruited worker shall be medically examined under section 8 of this Act. (2) Where a worker has been recruited for employment at a distance from the place of recruiting or has been recruited for employment outside Nigeria, the medical examination shall take place as near as may be convenient to the place of recruiting or, in the case of workers recruited for employment outside Nigeria, at the last place of departure from Nigeria.
(3) The Minister may empower an authorized labour officer before whom recruited workers are brought under section 33 or 39 of this Act to permit the departure prior to medical examination of any such worker in whose case the officer is satisfied that- (a) it was and is impossible for the medical examination to take place near to the place of recruiting or at the place of departure; (b) the worker appears fit for the journey and the prospective employment; and (c) the worker will be medically examined on arrival at the place of employment or as soon as possible thereafter.
(4) The Minister may in his discretion (and particularly when the journey of any recruited workers is of such a duration and takes place under such conditions that the health of the workers is likely to be affected) require any recruited workers to be examined both before departure and after arrival at the place of employment. (5) The Minister shall ensure that all necessary measures are taken for the acclimatization and adaptation of recruited workers and for their immunization against disease, and may issue such directions in that behalf as he may think fit, either generally or in respect of any particular recruiting operation.
Section 29 of the Labour Act 2004
Transport
(1) The recruiter or employer shall provide transport to the place of employment, except in so far as an authorized labour officer may in any particular case certify that the provision of transport is impossible for the whole or any part of the journey.
(2) The Minister shall issue such directions as he may consider necessary to ensure that- (a) the vehicles and vessels used for the transport of recruited workers are suitable for the purpose; (b) when it is necessary to break the journey for the night, suitable accommodation is provided; (c) in the case of long journeys all necessary arrangements are made for medical assistance for the recruited workers and for their welfare; (d) where recruited workers have to make long journeys on foot to the place of employment- (i) the length of the daily journey is compatible with the health and strength of the recruited workers, and (ii) if the extent of the movement of labour renders it necessary, rest camps or rest houses are provided at suitable points on the main routes and are kept in proper sanitary condition and have the necessary facilities for medical attention; and (e) adequate protection (which may include the provision of separate accommodation) is afforded during the journey to members of the family of a recruited worker accompanying him under section 34 or 44 of this Act.
(3) Where recruited workers have to make long journeys in groups to the place of employment, they shall be conveyed by a responsible person approved by an authorized labour officer. (4) The Minister may make regulations prescribing the conditions under which recruited workers may be transported by road, sea or air and, without prejudice to the generality of the foregoing, any such regulations may make provision for compliance with Nigerian immigration laws and for the recovery of any expenses incurred by the Federal Government in repatriating any worker.
Section 30 of the Labour Act 2004
Expenses and maintenance
(1) The expenses of the journey of recruited workers to the place of employment, including all expenses incurred for their welfare during the journey, shall be borne by the recruiter or the employer. (2) The recruiter shall furnish recruited workers with everything necessary for their welfare during the journey to the place of employment, including particularly, as local circumstances may require, adequate and suitable supplies of food, drinking water, fuel, cooking utensils, clothing and blankets. (3) The Minister may issue directions, either generally or in respect of any particular recruiting operation, for the proper implementation of subsection (2) of this section. (4) The Minister may by order apply all or any of the provisions of this section or any directions issued there under, either generally or in any particular case, to the recruitment of workers under a certificate issued pursuant to section 23 of this Act and to the worker-recruiter and employer concerned.
Section 31 of the Labour Act 2004
Repatriation
(1) Any recruited worker who- (a) becomes incapacitated by sickness or accident during the journey to the place of employment; or (b) is found on medical examination to be unfit for employment; or (c) for a reason for which he is not responsible, is not engaged after being recruited; or (d) is found by an authorized labour officer to have been recruited by misrepresentation or mistake, shall be repatriated at the expense of the recruiter or employer.
(2) Where the family of a recruited worker accompanies him under section 34 or 44 of this Act, sections 27 (6) and 28 of this Act (and any requirements or directions thereunder) shall apply to the family as nearly as may be; and, if the worker- (a) is repatriated under subsection (1) of this section; or (b) dies during the journey to the place of employment, the family shall be repatriated at the expense of the recruiter or employer.
Section 32 of the Labour Act 2004
Capitation fee
Upon the completion of any agreement for a contract of work by a recruited worker, there shall be paid to an authorized labour officer for the Federal Government by the employer or his agent in respect of the worker a capitation fee of such sum as may be fixed, either generally or in respect of any particular recruiting operation, by the Minister by order.
Section 21, 22 of the Nigerian Labour Act 2004 is under Part I (General Provisions as to protection of wages, contracts of employment and terms and conditions of employment) of the act, and collectively titled ‘General‘.
Section 21 of the Labour Act 2004
Offences
(1) Any employer who- (a) enters into any agreement or contract or gives any remuneration for employment contrary to this Part or declared by this Part to be illegal or unlawful; or (b) makes any deduction from the wages of any worker or receives any payment from any worker contrary to this Part; or (c) contravenes section 6 (2), 7, 13 (3), (5) or (7), 14 or 18 (3) of this Act, shall be guilty of an offence and liable on conviction to a fine not exceeding N800 or, for a second or subsequent offence, to a fine not exceeding N500.
(2) Where an employer is charged with an offence under subsection (1) of this section- (a) he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and (b) if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court that he has used due diligence to enforce this Part and that the other person has committed the offence without the employer’s knowledge, consent or connivance, the other person shall be convicted of the offence and the employer shall be exempted from any liability.
(3) Where it is made to appear to the satisfaction of the Minister at the time of the discovery of an apparent offence under subsection (1) of this section- (a) that the employer in question has used due diligence to enforce this Part; (b) by what person the offence had been committed; and (c) that the offence has been committed without the knowledge, connivance or consent of the employer, the Minister shall proceed against the person whom he believes to be the actual offender in the first instance without first proceeding against the employer.
Section 22 of the Labour Act 2004
Exemptions
(1) Nothing in this Part shall apply to a worker who is the father, mother, husband, wife, son or daughter of the employer. (2) Nothing in this Part of this Act shall apply to any body of persons working on any agreement of co-operation.
Section 13, 14, 15, 16, 17, 18, 19, 20 of the Nigerian Labour Act 2004 is under Part I (General Provisions as to protection of wages, contracts of employment and terms and conditions of employment) of the act, and collectively titled ‘Terms and conditions of employment‘.
Section 13 of the Labour Act 2004
Hours of work and overtime
(1) Normal hours of work in any undertaking shall be those fixed- (a) by mutual agreement; or (b) by collective bargaining within the organization or industry concerned; or (c) by an industrial wages board (established by or under an enactment providing for the establishment of such boards) where there is no machinery for collective bargaining. (2) Hours which a worker is required to work in excess of the normal hours fixed under subsection (1) of this section shall constitute overtime.
(3) Where a worker is at work for six hours or more a day, his work shall be interrupted (to the extent which is necessary having regard to its character and duration and to working conditions in general) by allowing one or more suitably spaced rest-intervals of not less than one hour on the aggregate: Provided that- (a) exceptions may be made to the rule in this subsection where unforeseen circumstances render them necessary; and (b) where it is found unavoidable in view of the nature of the work and the working conditions in general, time-off for a meal at the worksite or in the immediate vicinity may be substituted for the rest-interval. (4) In subsection (3) of this section, “rest-interval” means an interruption of work, of which the length is fixed beforehand and during which the worker is free to dispose of his time and is not required to remain at the place of work. (5) Where, by reason of its connection with a mechanical process or as a result of other circumstances, the work involves continuous strain or is particularly trying in other ways, the worker shall be allowed the requisite number of suitably adjusted and spaced breaks in the work.
(6) In subsection (5) of this section, “break in the work” means a short intermission in the work fixed beforehand which is ordered with a view to allowing the worker to detach himself from his work and which is not to be counted as a rest-interval or time-off under subsection (3) of this section. (7) In every period of seven days a worker shall be entitled to one day of rest which shall not be less than twenty-four consecutive hours; if any reduction takes place in the weekly rest-period- (a) corresponding time-off from work shall be allowed as soon as possible (and in any case not later than fourteen days thereafter); or (b) wages at overtime rates shall be paid in lieu thereof.
Section 14 of the Labour Act 2004
Provision of transport
(1) Where a worker is required to travel sixteen kilometres or more from his normal place of work to another worksite he shall be entitled to free transport or an allowance in lieu thereof. (2) Where the employer provides a vehicle or vessel for the purposes of subsection (1) of this section, he shall ensure that the vehicle or vessel is suitable, is in good sanitary condition and is not overcrowded.
Section 15 of the Labour Act 2004
Periodicity of payment of wages
Wages shall become due and payable at the end of each period for which the contract is expressed to subsist, that is to say, daily, weekly or at such other period as may be agreed upon: Provided that, where the period is more than one month, the wages shall become due and payable at intervals not exceeding one month.
Section 16 of the Labour Act 2004
Sick leave
Subject to the Workmen’s Compensation Act, a worker shall be entitled to be paid wages up to twelve working days in any one calendar year during absence from work caused by temporary illness certified by a registered medical practitioner: Provided that this section shall not apply unless- (a) the contract remains in existence during the period of absence and the worker is ready and willing to perform his part of the contract save for the incapacity produced by the illness; and (b) the worker, if so requested by the employer, consents to be examined by a qualified medical practitioner nominated by the employer.
Section 17 of the Labour Act 2004
Duty of employer to provide work
(1) Except where a collective agreement provides otherwise, every employer shall, unless a worker has broken his contract, provide work suitable to the worker’s capacity on every day (except rest days and public holidays) on which the worker presents himself and is fit for work; and, if the employer fails to provide work as aforesaid, he shall pay to the worker in respect of each day on which he has so failed wages at the same rate as would be payable if the worker had performed a day’s work: Provided that- (a) where, owing to a temporary emergency or other circumstances beyond the employer’s control (the period of which shall not exceed one week or such longer period as an authorized labour officer may allow in any particular case), the employer is unable to provide work, the worker shall be entitled to those wages only on the first day of the period in question; and (b) this subsection shall not apply where the worker is suspended from work as a punishment for a breach of discipline or any other offence.
(2) Where a worker is employed in any agricultural undertaking on a plantation on a contract of service under which he earns wages calculated by reference to the number of days’ work performed in each month of his service, the employer shall provide the worker with work suitable to his capacity on not less than twenty-four days in each month during the whole of which he is so employed; and, if the employer fails to provide work as aforesaid on any of those twenty-four days on which the worker presents himself and is fit for work, he shall pay to the worker in respect of each such day wages at the same rates as would be payable if the worker had performed a day’s work: Provided that, in computing twenty-four days for the purposes of this subsection, account shall not be taken of more than six days in any one week. (3) Any dispute between an employer and a worker as to the worker’s fitness for work under subsection (1) or (2) of this section may be referred to an authorized labour officer, who may take such medical or other advice as he thinks appropriate and whose decision shall be final.
Section 18 of the Labour Act 2004
Annual holidays with pay
(1) Every worker shall be entitled after twelve months continuous service to a holiday with full pay of (a) at least six working days; or (b) in the case of persons under the age of sixteen years (including apprentices), at least twelve working days. (2) The holiday mentioned in subsection (1) of this section may be deferred by agreement between the employer and the worker: Provided that the holiday-earning period shall not thereby be increased beyond twenty-four months continuous service. (3) It shall be unlawful for an employer to pay wages in lieu of the holiday mentioned in subsection (1) of this section to a worker whose contract has not terminated.
(4) A person who ceases to be employed after having completed- (a) less than twelve but not less than six months in the continuous employment of an employer; or (b) not less than six months in the continuous employment of an employer since last qualified for a holiday under subsection (1) of this section, shall be paid with respect to that period of employment an amount bearing the same proportion to full pat for one week at his normal rate as that period bears to twelve months.
Section 19 of the Labour Act 2004
Calculation of leave pay and sickness benefits
In the calculation of leave pay and sickness benefits only that part of his wages which a worker receives in money (excluding overtime and other allowances) shall be taken into account.
Section 20 of the Labour Act 2004
Redundancy
(1) In the event of redundancy- (a) the employer shall inform the trade union or workers’ representative concerned of the reasons for and the extent of the anticipated redundancy; (b) the principle of “last in, first out” shall be adopted in the discharge of the particular category of workers affected, subject to all factors of relative merit, including skill, ability and reliability; and (c) the employer shall use his best endeavours to negotiate redundancy payments to any discharged workers who are not protected by regulations made under subsection (2) of this section.
(2) The Minister may make regulations providing, generally or in particular cases, for the compulsory payment of redundancy allowances on the termination of a worker’s employment because of his redundancy. (3) In this section “redundancy” means an involuntary and permanent loss of employment caused by an excess of manpower.
Section 7, 8, 9, 10, 11, 12 of the Nigerian Labour Act 2004 is under Part I (General Provisions as to protection of wages, contracts of employment and terms and conditions of employment) of the act, and collectively titled ‘Contracts of employment‘.
Section 7 of the Labour Act 2004
Written particulars of terms of employment
(1) Not later than three months after the beginning of a worker’s period of employment with an employer, the employer shall give to the worker a written statement specifying- (a) the name of the employer or group of employers, and where appropriate, of the undertaking by which the worker is employed; (b) the name and address of the worker and the place and date of his engagement; (c) the nature of the employment; (d) if the contract is for a fixed term, the date when the contract expires; (e) the appropriate period of notice to be given by the party wishing to terminate the contract, due regard being had to section 11 of this Act; (f) the rates of wages and method of calculation thereof and the manner and periodicity of payment of wages; (g) any terms and conditions relating to- (i) hours of work, or (ii) holidays and holiday pay, or (iii) incapacity for work due to sickness or injury, including any provisions for sick pay; and (h) any special conditions of the contract.
(2) If after the date to which the said statement relates there is a change in the terms to be included or referred to in the statement the employer- (a) shall, not more than one month after the change, inform the worker of the nature of the change by a written statement; and (b) if he does not leave a copy of the statement with the worker, shall preserve the statement and ensure that the worker has reasonable opportunities of reading it in the course of his employment, or that it is made reasonably accessible to the worker in some other way.
(3) A statement under subsection (1) or (2) of this section may, for all or any of the particulars to be given by the statement, refer the worker to some other document which the worker has reasonable opportunities of reading in the course of his employment or which is made reasonably accessible to the worker in some other way. (4) If the employer, in referring in the said statement to any such document, indicates to the worker that future changes in the terms particularized in the document will be entered in the document (or recorded by some other means for the information of persons referred to in the document), the employer need not under subsection (2) of this section inform the worker of any such change which is duly entered or recorded not more than one month after the change is made.
(5) If, not more than six months after the termination of a worker’s period of employment, a further period of employment is begun with the same employer and the terms of employment are the same, no statement need be given under subsection (1) of this section in respect of the second period of employment, so however that this subsection shall be without prejudice to the operation of subsection (2) of this section if there is a change in the terms of employment. (6) The provisions of this section in respect of written statements shall not apply if- (a) a worker has a written contract of employment which covers each of the particulars mentioned in subsection (1) of this section; and (b) he has a copy of that written contract.
Section 8 of the Labour Act 2004
Medical examination
(1) Every worker who enters into a contract shall be medically examined by a registered medical practitioner at the expense of the employer. (2) The State Authority may by order exempt for the requirement of medical examination workers entering into contracts for- (a) employment in agricultural undertakings not employing more than a limited number of workers (the limit being specified in the order); or (b) employment in the vicinity of the workers’ homes- (i) in agricultural work, or (ii) in non-agricultural work which the State Authority is satisfied is not of a dangerous character or likely to be injurious to the health of the workers.
Section 9 of the Labour Act 2004
Contracts: general
(1) No contract shall be deemed to be binding on the family or dependants of a worker unless it contains an express provision to that effect. (2) An employer shall be responsible for the performance of any contract made by any person acting on his behalf.
(3) Except in the case of a contract of apprenticeship, no person under the age of sixteen years shall be capable of entering into a contract of employment under this Act. (4) No contract shall provide for the payment of wages at intervals exceeding one month unless the written consent of the State Authority has been previously obtained.
(5) No worker shall be bound by virtue of any contract under this Act to answer for the debt, default or miscarriage of any other person. (6) No contract shall- (a) make it a condition of employment that a worker shall or shall not join a trade union or shall or shall not relinquish membership of a trade union; or (b) cause the dismissal of, or otherwise prejudice, a worker- (i) by reason of trade union membership, or (ii) because of trade union activities outside working hours or, with the consent of the employer, within working hours, or (iii) by reason of the fact that he has lost or been deprived of membership of a trade union or has refused or been unable to become, or for any other reason is not, a member of a trade union.
(7) A contract shall be terminated- (a) by the expiry of the period for which it was made; or (b) by the death of the worker before the expiry of that period; or (c) by notice in accordance with section 11 of this Act or in any other way in which a contract is legally terminable or held to be terminated. (8) The termination of a contract by the death of a worker shall be without prejudice to the legal claims of his personal representatives or dependants.
Section 10 of the Labour Act 2004
Transfer to other employment
(1) The transfer of any contract from one employer to another shall be subject to the consent of the worker and the endorsement of the transfer upon the contract by an authorized labour officer.
(2) Before endorsing the transfer upon the contract, the officer in question- (a) shall ascertain that the worker has freely consented to the transfer and that his consent has not been obtained by coercion or undue influence or as a result of misrepresentation or mistake; and (b) if by the transfer the worker will- (i) change his form of employment from one which is the subject of an exemption order made under section 8 (2) of this Act, or (ii) be subject to such a change of conditions as in the officer’s opinion renders such a course advisable, may require the worker to be medically examined or re-examined, as the case may be.
Section 11 of the Labour Act 2004
Termination of contracts by notice
(1) Either party to a contract of employment may terminate the contract on the expiration of notice given by him to the other party of his intention to do so. (2) The notice to be given for the purposes of subsection (1) of this section shall be- (a) one day, where the contract has continued for a period of three months or less; (b) one week, where the contract has continued for more than three months but less than two years; (c) two weeks, where the contract has continued for a period of two years but less than five years; and (d) one month, where the contract has continued for five years or more.
(3) Any notice for a period of one week or more shall be in writing. (4) The periods of notice specified in subsection (2) of this section exclude the day on which notice is given. (5) Nothing in this section affects any right of either party to a contract to treat the contract as terminable without notice by reason of such conduct by the other party as would have enabled him so to treat it before the making of this Act.
(6) Nothing in this section shall prevent either party to a contract from waiving his right to notice on any occasion, or from accepting a payment in lieu of notice. (7) All wages payable in money shall be paid on or before the expiry of any period of notice. (8) If an employer gives notice to terminate the contract of employment of a worker who has been continuously employed for three months or more, the employer shall not be liable under this section to make any payment in respect of a period during which the worker is absent from work with the leave of the employer granted at the request of the worker. (9) In the calculation of .a payment in lieu of notice, only that part of the wages which a worker receives in money, exclusive of overtime and other allowances, shall be taken into account.
Section 12 of the Labour Act 2004
Common employment not a defence
(1) It shall not be a defence to an employer who is sued in respect of personal injuries caused by the negligence of a person employed by him, that person was, at the time the injuries were caused, in common employment with the person injured.
(2) Any provisions contained in a contract of service or apprenticeship, or in an agreement collateral thereto (including a contract or agreement entered into before the commencement of this section) shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons m common employment with him.
(3) For the purposes of this section, the expression “personal injuries” includes any disease and any impairment of a person’s physical or mental condition arising out of his employment, and “injury” and cognate expressions shall be construed accordingly.
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