HB 339: Labour Act (Amendment) Bill, 2016

Labour Act 2004

(The Principal Act)

Labour Act (Amendment) Bill, 2016

[HB 434]

Section 69 Labour Schemes –

Provides for the powers of the Minister and regulations that employers/employees should observe

Clause 2 proposes to amend Section 69 by adding these paragraphs: -

The Minister shall make regulations for the registration of foreign employers, and such regulations shall

• Provide for the free and compulsory registration of foreign employers;
• Prescribe the manner and conditions for registration;
• Prohibit employment of any person by unregistered employers;
• Prescribe the circumstance in which employers may be struck off the register;
• Provide for compulsory and routine inspection of employers to ensure compliance with laws that protect the welfare of workers
• Provide for compulsory and quarterly submission of report of activities
• Contain such incidental or related provisions as the Minister may think necessary
• Impose penalties for contraventions of the regulations not exceeding a fine of N500,000 or imprisonment for 2 years or both

Labour Act, 2004

HB 339 – Labour Act (Amend.) Bill

Section 13 provides that “normal work hours” in any undertaking shall be those fixed by – mutual agreement, industrial wages board, etc.

Clause 1 proposes to include a phrase to Section 13, to include legislation or any legislative instrument as part of sources of “normal work hours”

Section 18(1)(b) provides that workers under the age of 16years shall be entitled to a holiday with full pay after 12 months of continuous service

Clause 2 deletes S. 18(1)(b)

Section 20 (3) defines the term "redundancy" as an involuntary and permanent loss of employment caused by an excess of manpower

Clause 3 proposes to amend S. 20(3) by adding an addendum to the definition provided by the Act – “ the situation when a worker has to leave a job or work because there is no more work available for the worker in that position or trade”

Section 24 provides that if a person is desirous of recruiting any citizen in Nigeria or elsewhere, he may apply in writing to the Minister giving particulars listed under Section 24(2) of the Act

Clause 4 proposes a new paragraph which includes “the ages of the workers” as part of the requirement for employer’s permit

Section 27(4) provides for the recruitment of young persons with the consent of their guardians/parents

Clause 5 proposes the deletion of the term “young person”, substituting it with “any child”

Section 36 provides that the President may by an order prohibit a person from getting employed outside Nigeria

Clause 6 proposes to amend the section by adding “subject to the approval of the National Assembly”

Section 37 provides that the President may by order give force of law to all or any of the international treaties Nigeria is a signatory to

Clause 7 proposes to add “subject to the approval of the National Assembly”

Section 46 provides that employer who neglects or ill-treats any worker shall be liable to a fine of N500 or imprisonment not exceeding a year or both

Clause 8 proposes to increase the fine to N50,000

Section 47(1) Any person who contravenes sub-section (a) – (g), shall be guilty of an offence and be liable to a fine of N2,000 or a term of 5years or both

Clause 9 proposes to increase the fine to N5,000,000

Section 47(2) provides that any recruiter/employer who fails to offer a return passage in compliance with Section 38(2) of the Act shall be guilty of an offence and be liable to a fine not exceeding N200

Clause 10 proposes to increase the fine to N200,000

Section 49 (1) provides for contracts of apprenticeship for young persons 12-16

Clause 11 proposes to delete “a person above the age of 12years and under the age of 16years” and replace it with “a child”

Section 53(1) provides for removal of an apprentice (12 – 16years) from Nigeria without a written authority from the Minister

Clause 12 proposes to delete “N500” and replace with N2,000,000. “one year” to be deleted and substituted with “5 years”

Section 53(2) provides for employment or inducement of apprentices already employed

Clause 13 proposes to delete N200 and replace with N200,000

Section 58(1) provides that anyone who contradicts Section 54 (maternity protection) of the Act shall be liable to a fine of N200 or imprisonment not exceeding 3 months or both

Clause 14 proposes amendment to the Act by deleting “N200” and replacing it with “N200,000”

Section 59 provides that no child shall be employed in any industrial undertaking

Clause 15 proposes amendment to Section 59(2) to replace “No person under the age of 15years” with “No child”

Sections 59(3) – 67 contain the term “young person”

Clauses 16-25 propose to replace “young person” with “child”

Section 67 provides for labour health

Clause 26 proposes the deletion of “N1500” and replaces it with “N500,000”

Sections 68 provide for offences and punishment for contraventions of regulations

Clauses 27 – proposes to increase the fine from N1,500 to N500,000

Sections 72, 73, 74, 75(4), 76, 78(2), 85(3), and 88(2) – provide for penalties for offences ranging from fines of N200 to N10,000. Some of the offences have prison sentence of 6 months and the others 2 – 5 years

Clauses 28 – 35 propose to increase the fines from N250,000 to up to N10,000,000. Prison sentences of 2 years substituted for 10 years, and 6 months substituted with 5 years

Section 91 is the interpretation section

Clause 36 proposes deleting the definition of a child under S. 91, to replace with the definition of a child under the Child Rights Act