Section 33-35 of the Nigerian Labour Act 2004
Section 33-35 of the Nigerian Labour Act 2004
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.
Credit: https://www.lawyard.ng/wp-content/uploads/2015/11/LABOUR-ACT-2004.pdf