Nigeria - 2012
Capital: Abuja

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action over the non-recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. of collective agreements. Two union leaders in the public sector were arrested, beaten and put on trial for attempted murder after a peaceful meeting in support of minimum wage demands was attacked by police and security forces.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Abuja

reported violations- 2012
Trade union rights in law
Despite the repeal of some of the anti-labour decrees from the military era, many restrictions still remain. To register a union, the organisation must represent at least 50 workers, and a union cannot be registered where another union already exists. Workers in essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
do not enjoy freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
, and organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
in the country’s export processing zones is virtually impossible. Furthermore, the Registrar has broad powers to supervise the trade union accounts at any time.
Although the law recognises the right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
, every agreement on wages in the private sector must be registered with the Ministry of Labour, which decides whether the agreement becomes binding or not. The right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is likewise restricted, as the Trade Disputes Act imposes compulsory arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
. In addition, strikes that concern conflicts of interest or economic issues, including the government’s social or economic policy, are prohibited. Also, strikers may not block airports nor obstruct public highways, institutions or premises of any kind. The penalties for participating in an illegal strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
include fines and imprisonment for up to six months.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is recognized by law but strictly regulated.
Despite the repeal of some of the anti-labour decrees from the military era, restrictions still remain.
Anti-Union discrimination:
- >The law does not specifically protect workers from anti-union discrimination.
Only unskilled workers are protected by the Labour Act against anti-union discrimination by their employer.
Restrictions
Legal barriers to the establishment of organizations:
- >Excessive representativity or minimum number of members required for the establishment of a union
- At least 50 workers are needed to form a trade union.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- Section 3(2) of the Trade Union Act restricts the possibility of other trade unions being registered where one trade union already exists.
- >Restrictions on trade unions' right to establish branches, federation and confederation or to affiliate with national and international organisations
- The 2005 Trade Union Amendment Act allows 12 or more unions to create a federation.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- Under sections 39 and 40 of the Trade Union Act, the registrar has broad powers to supervise the union accounts at any time.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Other civil servants and public employees
- The right to organise is denied to workers in essential services, the list of which exceeds the ILO's definition. It includes employees of the Customs and Excise Department, the Immigration Department, the Nigerian Security Printing and Minting Company, the Prison Service and the Central Bank of Nigeria.
- >Export processing zone (EPZ) workers
- Article 4(e) of the 1992 Decree on Export Processing Zones states that "employer-employee" disputes are not matters to be handled by trade unions, but rather by the authorities managing these zones. Article 13(1) of the same Decree makes it very difficult for workers to form or join trade unions, as it is almost impossible for worker representatives to gain free access to the EPZs.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law but strictly regulated.
Restrictions
Restrictions on the principle of free and voluntary bargaining:
- >Authorities' approval of freely concluded collective agreements
- Every agreement on wages in the private sector must be registered with the Ministry of Labour, which decides whether the agreement should become binding pursuant to the Wages Board and Industrial Councils Act. It is an offence for an employer to grant a general or percentage increase in wages without the approval of the Minister (pursuant to the Trade Disputes Act); this is contrary to the principle of free collective bargaining.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
Restrictions
Legal barriers to lawful strike actions:
- >Excessively long prior notice / cooling-off period
- Unions must give 15 days' notice for a planned strike.
- >Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- The Trade Disputes Act limits the right to strike by imposing compulsory arbitration, with a penalty, a fine or six months' imprisonment for anyone failing to comply with the award issued by the National Industrial Court.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- The 2005 Trade Union Amendment Act prohibits and criminalises strikes that are deemed to concern conflicts of interest or economic issues, including strike action to protest against the government’s social or economic policy.
- >Restrictions with respect to type of strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow)
- The 2005 Trade Union Amendment Act stipulates that during strikes unions must not block airports nor obstruct public highways, institutions or premises of any kind.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Workers taking strike action which is deemed to be illegal are liable to both a fine and imprisonment for up to six months.
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- The 2005 Trade Union Amendment Act prohibits strikes in essential services, the definition of which is provided in the 1990 Trade Disputes Act. The definition includes services for or in connection with banking services, postal services, sound broadcasting, ports, harbours, docks or aerodromes, transportation services, road cleaning and waste disposal.
- >Other limitations (e.g. in EPZs)
- The Export Processing Zones Act prohibits strikes and lockouts for a period of 10 years after a company begins its activities in a given export processing zone.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Abuja

reported violations - 2012
In practice
A report based on research by the ITUC and the Nigeria Labour Congress (NLC) on “The state of trade unionism and industrial relations
industrial relations
The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.
See social dialogue
practice in Nigeria’s Export Processing Zones”, published in January 2011, describes the respect of workers’ rights in the zones as “abysmal”. The study found that attempts by trade unions to operate in the 11 EZPs currently active in Nigeria were largely rebuffed by anti-union employers and workers fearful of losing their jobs, with only minimal success won after long and bitter struggles. Some attempts by union organisers in the Calabar EPZ
export processing zone
A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws.
for example led to them being harassed, arrested and briefly detained.
The report also notes that the EPZ
export processing zone
A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws.
authorities and most of the firms operating within them do all they can to frustrate any meaningful social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
. As a result there are no distinct EPZ
export processing zone
A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws.
collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
structures or agreements. Some employers, such as those in the footwear industry, are technically bound by sectoral agreements, but it is not clear whether they are actually implemented within the EPZ
export processing zone
A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws.
s. Nor can this be checked very easily, as there is no effective labour inspection
labour inspection
An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces.
of the zones. The Ministry of Labour and Productivity did send inspectors to the Calabar zone in 2008, after lengthy negotiation and the reluctant agreement of the Calabar Free Trade Zone authority. It found unfair labour practices to be the norm, but after being warned very firmly that companies would pull out if the findings were made public and that further inspections would deter investors, the Ministry decided to take no further action, and has since steered clear of the EPZ
export processing zone
A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws.
s.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Abuja

reported violations - 2012
Violations
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in October 2010, followed by NASU in December 2010, in protest at the refusal of the state government to honour the agreement reached between the Federal Government and the education workers’ unions ASUU, NASU, SSANU and NAAT. In some other universities the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike was called off as the authorities agreed to implement the agreement. The ASUU did suspend its strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike to give the university more time to implement the agreement, but it failed to do so, and further strikes followed. The dispute remained unresolved by December.
See conciliation, mediation Panel (AIP) which was examining the legality of the union’s registration. When the bank did not abide by that deadline, the NLC announced week-long picket of the UBN, from 14 to 19 February. According to the NLC the bank then deployed security agencies, notably soldiers, to manhandle and hound union leaders many of whom had gone into hiding. Mrs. Osibodu reportedly boasted that she had deployed soldiers to guard all its branches across the country and ordered them to shoot-at-sight any worker who tried to picketing picketing Demonstration or patrolling outside a workplace to publicise the existence of an industrial dispute or a strike, and to persuade other workers not to enter the establishment or discourage consumers from patronising the employer. Secondary picketing involves picketing of a neutral establishment with a view to putting indirect pressure on the target employer. .
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action to press for payment of the minimum wage. Ugwu and other workers had gathered at the Nigeria Labour Congress office for prayers when a combined team of soldiers, police and operatives of the State Security Service (SSS) arrived, leading to the confrontation. During the clashes a policeman received head injuries for which he had to be hospitalised. The two arrested public servants were held in Enugu Federal Prison in South East Nigeria after reportedly being beaten and tortured during arrest and in police custody. They went to trial in December – after a judge refuse to hear the case in November – but journalists were banned from covering proceedings. Both men were still in prison at the end of the year.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Abuja
