Section 13-20 of the Nigerian Labour Act 2004
Section 13-20 of the Nigerian Labour Act 2004
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.
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