Nigeria
The ITUC affiliates in Nigeria are the Nigeria Labour Congress (NLC) and the Trade Union Congress of Nigeria (TUC).
Nigeria ratified Convention No. 87 on 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 Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and 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
(1949) in 1960.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is recognised by law but strictly regulated.
Anti-Union discrimination
The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Barriers to the establishment of organisations
- Prior authorisation or approval by authorities required for the establishment of a union
- All applications for registration must be approved by the Minister (section 3(2), Trade Unions Act).
- Power to refuse official registration on arbitrary, unjustified or ambiguous grounds
- The Minister's approval is to be based on 'his being satisfied that it is expedient to register the union' (section 3(2), Trade Unions Act). Further, the Registrar has the power to refuse registration on the basis that a proper objection has been raised or that a purpose of the trade union is unlawful (section 5(3), Trade Union Act). The Act does not explain what might constitute a proper objection or unlawful purpose.
- Excessive representativity or minimum number of members required for the establishment of a union
- 50 members are required for the registration of a trade union (s 3(1), Trade Unions Act).
- Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations
- A three month notice period must elapse before a trade union can be registered. The notice period starts only on the date the Registrar publishes notice of an application for registration in the Gazette. Following the 3 months, the Registrar has an indefinite period during which to determine whether the prerequisites to registration (i.e. no proper objection raised, no unlawful purpose, compliance with the requirements of the Act and Regulations) have been met (section 5, Trade Unions Act).
- Sanctions imposed for organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. or joining an organisation not officially recognised
- Any unregistered trade union, and any official or member thereof, that is involved in an act of organising is guilty of an offence (section 2(3), Trade Unions Act).
- Restrictions on trade unions’ right to establish branches, federation and confederation or to affiliate with national and international organisations
- Section 8(a)(1), (b) and (g) of the Trade Unions (Amendment) Act 2005 and section 1 of the 1996 Trade Unions (International Affiliation) Act require federations to consist of 12 or more trade unions in order to be registered and that the application of a trade union for international affiliation shall be submitted to the Minister for approval.
Restrictions on workers’ right to form and join organisations of their own choosing
- Single trade union system imposed by law and/or a system banning or limiting organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- The Trade Unions Act prohibits the registration of a trade union in a place where a trade union already exists (sections 3(2) and 5(4), Trade Unions Act).
- Restrictions on workers’ right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- The Trade Unions Act prohibits the registration of a trade union in a place where a trade union already exists (sections 3(2) and 5(4), Trade Unions Act).
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to freely draw up their constitutions and rules
- The list of matters to be contained in the rules of a trade union include a number of substantive requirements, going beyond the stipulation of particulars designed to promote democratic principles. These include requirements as to the membership of senior posts of the general committee of management, and the trade union membership of the general committee of management; a prohibition on appointing illiterate people to senior offices; an obligation to maintain a nominal roll of members and the trade, calling, usual occupation and employer of each member; and a provision that no member of the union shall take part in a strike unless a majority of the members have voted in favour of it (paras 7, 9, 10, 14, First Schedule, Trade Unions Act).
- Restrictions on the right to elect representatives and self-administer in full freedom
- The Registrar has broad powers over trade union accounts, including the right to call for accounts at any time and to investigate any accounts that the Registrar considers unsatisfactory (ss 39 and 40, Trade Unions Act). In addition, the Trade Unions Act imposes restrictions on who can hold office (includes persons who hold office in another trade union, persons under the age of 21 and persons who are illiterate (ss 14, 19 and First Schedule, Trade Unions Act).
- Restrictions on the right to freely organise activities and formulate programmes
- The Trade Unions Act imposes restrictions on the purposes for which trade union funds may be used. For example, trade union funds may not be used for specified 'political objectives', including contributing to a political party, election candidate expenses, meetings or distribution of documents in support of a candidate, maintenance of an elected politician registration of electors, and political meetings of any kind, or the distribution of political literature of any kind, unless the main purpose of the meeting or the distribution is to further the regulation of the terms and conditions of employment of workers (s 15, Trade Unions Act). Also, all trade unions are statutorily obliged to make payments to the appropriate federation of trade unions (s 17, Trade Unions Act as amended). Finally, the Trade Unions Act imposes a number of restrictions on the right to strike, including limitations on the types of disputes for which strike action may be taken and onerous procedural obligations as set out in the Trade Disputes Act.
- Administrative authorities’ power to unilaterally dissolve, suspend or de-register trade union organisations
- The Registrar shall cancel the registration of a trade union if satisfied that the registration of the trade union was obtained by fraud or mistake; any of the purposes of the union is unlawful; the union has deliberately contravened or continued to contravene any provision of the Trade Unions Act or relevant regulations; the principal purpose of the trade union is not that of regulating the terms and conditions of employment of workers; the union has ceased to exist or function (section 7(1), Trade Unions Act). However, a trade union's registration may not be cancelled before the period for appealing the proposed cancellation has expired or appeal process is abandoned or finally determined by confirmation of the proposed cancellation (section 7(4), Trade Unions Act). Where a union's application for registration is finally refused or its registration is cancelled, the trade union must be dissolved in accordance with its rules within 3 months (section 9, Trade Unions Act).
- Other external interference allowed by law
- If the Registrar believes that an offence has been committed by a trade union or any other person, or that a sum due to the trade union has not been paid, the Registrar may institute criminal or civil proceedings in the name of the trade union (s 41, Trade Unions Act).
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Other civil servants and public employees
- Employees of the Customs and Excise Department, the Immigration Department, the Prison Services, the Customs Preventive Service, the Nigerian Security Printing and Minting Company Ltd, the Central Bank of Nigeria and the Nigerian External Telecommunications Ltd are prohibited from combining, organising themselves or joining a trade union for the purposes of employment (s 11, Trade Unions Act).
- Export processing zone 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. (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. ) workers
- There is no express prohibition on EPZ workers forming or joining a union, or form holding a union office. However, trade union membership by EPZ workers is discouraged by the Nigeria Export Processing Zones Act, 1992, which prohibits entry into EPZs without permission of the Nigeria Export Processing Zones Authority and makes the Authority responsible for resolving trade disputes between employers and EPZ workers (sections 4 and 13, Nigeria Export Processing Zones Act, 1992).
- Managerial and supervisory staff
- Membership or holding office is prohibited for managerial and supervisory staff, if it will lead to a conflict of loyalties to either the union or management (section 3(3) Trade Unions Act).
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is not protected in law.
Restrictions on the principle of free and voluntary bargaining
- Compulsory conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation and / or binding 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 procedure in the event of disputes during 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
, other than 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
- The Minister may apprehend any trade dispute and refer it for conciliation or arbitration (section 5, Trade Disputes Act). If the Minister approves of the arbitration award, and no party to the dispute objects to it in the relevant timeframe, the award shall be made binding on the parties by notice of the Minister (section 13, Trade Disputes Act). If the Minister does not approve of the award, the Minister may refer it back to the arbitration tribunal for reconsideration. If a party to objects to the arbitration award, the Minister shall refer the matter to the National Industrial Court, and any award made by the Court shall be binding on the parties (section 14, Trade Disputes Act).
- Authorities’ power to intervene in the preparation of collective agreements
- No employer shall grant a general wage increase to any group of employees without the approval of the Minister. Contravention of this requirement may be punishable by imprisonment for a term of three years (section 19, Trade Disputes Act).
- Authorities’ or employers’ power to unilaterally annul, modify or extend content and scope of collective agreements
- Upon the deposit of a new collective agreement, the Minister may order that only some of the provisions of the collective agreement shall be binding (section 3, Trade Disputes Act).
- Authorities’ approval of freely concluded collective agreements
- Outworkers and persons employed in merchant shipping or civil aviation are not covered by the protections against anti-union discrimination, by virtue of the definition of worker in section 91 of the Labour Law.
Restrictions on the scope of application and legal effectiveness of concluded collective agreements
- Endorsed collective agreements not regarded as legally binding or enforceable
- A collective agreement shall only be binding by order of the Minister (section 3, Trade Disputes Act).
- Authorities’ approval of freely concluded collective agreements
- Collective agreements must be deposited with the Minister within 14 days of execution. The collective agreement shall only be binding upon the order of the Minister (section 3, Trade Disputes Act).
Undermining of the recourse to collective bargaining and his effectiveness
- Absence of appropriate mechanisms to encourage and promote machinery for 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
- While the Trade Disputes Act contemplates the existence of collective agreements for the settlement of a trade dispute (section 3), it does not establish any mechanisms to encourage or promote collective bargaining.
Limitations or ban on collective bargaining in certain sectors
- Other civil servants and public employees
- The Trade Disputes Act does not apply to any officer appointed to carry out duties within the meaning of the Customs and Excise Management Act, the Immigration Act and the Prisons Act, or any member of the Customs Preventive Service (section 49, Trade Disputes Act). No alternative collective bargaining framework covering these workers was identified.
Right to strike
Right to strike
The right to strike is recognised by law but strictly regulated.
Barriers to lawful strike actions
- Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a 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 - In order to take strike action, a ballot must be conducted in which a simple majority of all registered members vote to go on strike (section 30(6), Trade Unions Act as amended 2005).
- Compulsory recourse to 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 , or to long and complex conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation and mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation procedures prior 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 actions - A party to a dispute may not take strike action unless the parties to the dispute have complied with any agreed dispute resolution procedures and/or tried to settle the matter through mediation. Further, it is an offence to participate in strike action where: a conciliator has been appointed; a dispute has been referred to the Industrial Arbitration Panel for settlement; an arbitration award made by a tribunal has been made binding by the Minister; the dispute has been referred to the National Industrial Court; or the Court has issued an award (section 18, Trade Disputes Act).
Ban or limitations on certain types of strike actions
- Restrictions with respect to the objective of a 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 (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons) - No person, trade union or federation of trade unions may participate in, or engage in any conduct in contemplation or furtherance of, strike action unless it concerns a dispute of right or a dispute arising from a collective and fundamental breach of contract of employment or collective agreement on the part of the employer. A 'dispute of right' is defined as any labour dispute arising from the negotiation, application, interpretation of a contract of employment or collective agreement under this Act or any other enactment or law governing matters relating to terms and conditions of employment (section 30(6) and (9), Trade Unions Act as amended).
- Restrictions with respect to type of 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 action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow go-slow A form of industrial action whereby the workers deliberately reduce their pace of work in order to restrict output.
See work-to-rule ) - Gatherings or strikes that prevent aircraft from flying or obstruct public highways, institutions or premises of any kind are unlawful (section 42, Trade Unions Act as amended).
Undue interference by authorities or employers during the course of a strike
- Authorities’ or employers’’’ power to unilaterally prohibit, limit, suspend or cease a 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 action - The Minister may apprehend any trade dispute and refer it for conciliation or arbitration (section 5, Trade Disputes Act). It is an offence to take strike action once a conciliator has been appointed or the dispute has been referred for arbitration (section 18, Trade Disputes Act).
- Authorities’ or employers’ power to prevent or end a 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 by referring the dispute to 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 - The Minister may apprehend any trade dispute and refer it for conciliation or arbitration (section 5, Trade Disputes Act). If the Minister approves of the arbitration award, and no party to the dispute objects to it in the relevant timeframe, the award shall be made binding on the parties by notice of the Minister (section 13, Trade Disputes Act). If a party to a dispute objects to an arbitration award made by an arbitration tribunal, the Minister shall refer the matter to the National Industrial Court and any award made by the Court shall be binding on the parties (section 14, Trade Disputes Act).
Undermining of the recourse to strike actions or their effectiveness
- Excessive civil or penal sanctions for workers and unions involved in non-authorised 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 actions - Any person or trade union that fails to comply with the procedural and substantive requirements of strike action as set out in s 30 of the Trade Unions Act (as amended) commits an offence and is liable on conviction to a fine of N10,000 or 6 months' imprisonment, or both (section 30(7), Trade Unions Act as amended).
Limitations or ban on strikes in certain sectors
- Discretionary determination or excessively long list of “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
” in which 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 prohibited or severely restricted - Essential services are defined by the First Schedule of the Trade Disputes Act to include all services for or in connection with ports, harbours, docks, aerodromes, transport by road, rail, sea, river or air, broadcasting and postal services, road-cleansing and rubbish disposal services, the Central Bank, and the Nigeria Security Printing and Minting Company Ltd, and corporations licensed under the Banks and other Financial Institutions Act. It also includes persons employed in an industry or undertaking which deals or is connected with the manufacture or production of materials for use in the armed forces or any part thereof.
In practice
On Monday 17 May 2021, striking civil servants led by Nigeria Labour Congress (NLC) leader Ayuba Wabba were attacked by a mob mobilised by Governor El-Rufai while peacefully exercising their rights to protest. On 18 May 2021, the state government announced its decision to immediately dismiss all civil servants who took part in what is referred to as an unlawful 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
.
The African Regional Organisation of the International Trade Union Confederation (ITUC-Africa) has resolved to report the situation to the 2021 International Labour Organization
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
(ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
).
Despite threats of redundancy from management, judiciary workers in Ebonyi State commenced 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
action on 13 August 2020 to demand the implementation of the new Consolidated Judicial Salary Structure (CJSS) by the government.
Chamberlain Nwele, the head of service for Ebonyi State Judiciary, issued a statement on the evening of the 13th of August, threatening any worker failing to return to work with firing. Nwele characterised 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
as “unnecessary and an act of sabotage”. Nevertheless, 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
continued, leaving Ebonyi state judiciary headquarters, the High Court, and Magistrate Courts deserted.
When 163 workers at Nycil Nigeria reported for work on 29 June 2020, they found the gates locked. Since then the workers have picketed outside the company premises in Lagos and have been joined in solidarity by other workers in the area.
The 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.
workers have vowed to continue assembling at the gates until they are opened and they can resume work. The workers are members of the National Union of Chemical Footwear Rubber Leather and Non-Metallic Products Employees (NUCFRLANMPE).
Although the company has not stated the reasons for the lockout
lockout
A form of industrial action whereby an employer refuses work to its employees or temporarily shuts down operations.
, NUCFRLANMPE suspect that they want to retrench the workers. The union demands dialogue with the company, saying that the company cannot make unilateral decisions without meeting representatives.
The union says the situation has been worsened by the “anti-worker attitude” of the owner of Nycil, Adetola Adebayo, who has consistently refused to engage with the union. 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
worsened at the company when it was bought by the current owner in 2014, and NUCFRLANMPE’s efforts towards dialogue with the employer have been unsuccessful.
The Ministry of Labour and Employment has been approached to intervene to end the lockout
lockout
A form of industrial action whereby an employer refuses work to its employees or temporarily shuts down operations.
at Nycil – a company that workers describe as “one of the worst employers in Nigeria”.
The Nigeria Union of Petroleum Workers (NUPENG) seeks justice after member Chibuisi Chikezie Okameme was shot dead while at work by a police officer on COVID-19 enforcement patrol in Abia State on 5 April.
Okameme was a petrol attendant employed by Greenmac Energy in Aba City. His death has prompted NUPENG to call for the government to investigate the murder and compensate the Okameme family.
Union leaders in Nigeria have denounced the heavy-handedness of the police in dealing with the coronavirus pandemic lockdown regulations and the use of disproportionate force by security forces during the lockdown. The National Human Rights Commission (NHRC) declared that the police and other security forces killed eleven people during the enforcement of the COVID-19 lockdown and violated human rights, including through unlawful arrests and torture.
The Academic Staff Union of Polytechnics (ASUP) has condemned the suspension of ten of its executive members by the management of the Federal Polytechnic in Bida. The ten union leaders are Umar Sarganuwan (president of the Bida section of ASUP), Ndako Mohammed (vice chair), Ukagha Laretu Nnena (treasurer), Yusuf Yakubu (general secretary), Owoeye David (assistant secretary), Yaman Mohammed (welfare officer), Dodo Alhaji (auditor), Baba Mohammed (financial secretary), Chikezie Enyeazu (PRO) and Gbate Mohammed (ex-officio member). According to the management at the polytechnic, the union leaders were suspended for publishing false information about the school in the media. According to the union, the ten representatives were questioned and subsequently suspended without any inquiry being conducted. The real reason behind their suspension was reportedly a dispute between the union and the management over illegal recruitment. A similar incident occurred at the Rufus Giwa Polytechnic in Owo, ITM Enugu and the Federal Polytechnic in Mubi. According to the union, the dismissals are part of the government’s efforts to continue to stifle trade union activities within these institutions.
The Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) called on the Federal Ministry of Labour, the Nigerian National Petroleum Corporation (NNPC) and the Department of State Security (DSS) to urgently intervene over the “unfair labour practices” at Nexen Petroleum, which has been refusing to negotiate a collective agreement with the union since 2010.
Although Shell and three other oil companies have committed to establishing a joint framework to monitor the implementation of workers’ rights in their supply chains, the mechanism continues to lack transparency and to exclude the participation of trade unions in Nigeria. According to an IndustriALL mission to Port Harcourt, the majority, if not all, of Shell’s workers in the country are employed by a complex web of recruitment agencies on behalf of Shell, making it extremely difficult for workers to organise and defend their rights. Moreover, subcontracted workers who join a union or request a pay increase lose their jobs. Following complaints filed by trade unions with international institutions such as the UN Human Rights Council, Shell’s CEO agreed to look into the matter while nonetheless claiming that Shell has no control over how suppliers pay or negotiate with workers.
The Joint Action Front (JAF) condemned the arrests of eight union leaders at the Lagos State Polytechnic (LASPOTECH), on the orders of its rector. Those arrested were Salami Olugbenga, Seye Ero-Phillips, Muinat Ogunbmbi-Ibrahim, Alawada Abimbola, Semiu Fasasi, Abiodun Awoyemi, Tobi Oremule and Ayanda Rauf from the Non-Academic Staff Union (NASU), the Senior Staff Association of Nigeria Polytechnics (SSANIP) and the Academic Staff Union of Polytechnics (ASUP). The president of the JAF, Oladipo Fashina, described the arrests as acts of intimidation and brutality, and called for their immediate release. He also urged the Lagos government to call to order the management at LASPOTECH and asked the Nigeria Labour Congress (NLC) to intervene to ensure that the institution respects the rights of every staff member.
The Nasarawa State Judicial Staff Union of Nigeria (JUSUN) have accused the Judicial Service Commission (JSC) of Nasarawa State of blackmail and intimidation for its paid public advert, aired by Nasarawa Broadcasting Service (NBS), denouncing the union’s legitimate and ongoing industrial action
industrial action
Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer.
as illegal. In their public statement issued on 19 November 2018, the Commission denied the existence of an industrial dispute
industrial dispute
A conflict between workers and employers concerning conditions of work or terms of employment. May result in industrial action.
and argued that there was no need for a 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
by the judicial service staff. This is in spite of the fact that according to the chairman of the JUSUN, Jimoh Musa, a notice and reminder letters have been served on the JSC notifying them of the industrial action
industrial action
Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer.
. Such public actions by authorities aimed at denying collective disputes have become more frequent in recent years.
In a number of incidents this year, the courts of Nigeria have denied workers their 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
.
The Abuja Division of the National Industrial Court on Thursday 17 May 2018 ordered striking workers of the Joint Health Sector Union (JOHESU) to stop their ongoing 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
and to return to work within 24 hours. The court ordered the ministers of health and labour to set up a committee to address the issues raised by the workers. The judge also ordered the president and vice president of JOHESU to attend the negotiations which must take account of the National Salaries, Income and Wages Act. 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
started on 17 April 2018 to demand upward adjustment of salaries.
Similarly, in August 2018, the National Union of Electricity Employees started 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.
the offices of the Ikeja Electric Plc for sacking 40 workers from the electricity company. According to the union, the 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.
was a protest against random dismissals of workers without due process including consultations with the union, poor working conditions, anti-labour practices and non-implementation of conditions of service.
The company filed an ex-parte application before the Lagos Division of the National Industrial Court to stop the union from 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.
. The Industrial court ruled on Thursday 9 August 2018 restraining the union from further 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.
the offices of the electricity company.
Finally, in November 2018, the Nigerian Labour Congress (NLC), Trades Union Congress of Nigeria (TUC) and the United Labour Congress planned a 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
action on 6 November to denounce the non-implementation of the agreed national minimum wage of NGN 30,000. However, on 2 November 2018, the court granted an application for injunction
injunction
A court order prohibiting or preventing a certain course of action, such as calling or continuing with a strike.
, without notice to the labour unions, restraining them from going on with their planned action.
The Federal Executive Council (FEC) of the Nigerian government on 18 October 2018 approved a draft White Paper on 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
in the federal public service. According to the minister of labour and productivity, Chris Ngige, the White Paper covers, among other issues, the enforcement of a “no-work-no-pay” policy against striking federal public service workers.
The minister declared: “You have to be a public servant
public servant
See civil servant
first before you become a trade unionist. Therefore, if you are there, the public service rules should also be applied to you.” Referring to section 43 of the Trade Dispute Act of 2004, the minister noted that public servants resorting 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
action without passing through the “normal channel” will be applied the principle of “no work, no pay”, that is, that they will not receive all remunerations, allowances and benefits accruing to them, irrespective of the legality of peaceful nature of 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
.
The minister also advocated for the introduction of maximum periods of office for trade union leaders in the public service. Such provisions would constitute an interference in the right of trade union organisations to organise freely.
The unions in the aviation sector – comprising the Air Transport Services Senior Staff Association of Nigeria (ATSSSAN), the National Union of Air Transport Employees (NUATE) and the National Association of Aircraft Pilots and Engineers (NAAPE) – are protesting the sacking of 62 workers of Bi-Courtney who were dismissed allegedly for partaking in union activities.
One of the sacked workers, Saheed Hakeem, who was a security personnel with Bi-Courtney until his termination, said the organisation “unlawfully terminated the jobs of 62 staff for participating in union activities as at May 2018”. The Nigerian Civil Aviation Authority has been involved so that this issue can be resolved amicably, but the company has refused.
This comes on the heels of a Federal High Court decision on Tuesday 9 October 2018 granting an order restraining the unions from shutting down activities at the airport following a suit filed by Bi-Courtney Aviation Services Limited (BASL).
Labour leaders in the Plateau State of Jos, led by Chairman Jibrin Bancir, marched on the MTN regional call centre in Jos to picket the office over failure of MTN management to allow workers at MTN to join unions in accordance with the labour laws and the Constitution of Nigeria. The protest took place on Wednesday 11 July 2018 with leaders marching on the offices of the MTN in the region. In his comments to journalists at the entrance of the MTN Call Centre, along Rayfield Road, Comrade Jibrin Bancir gave the management of MTN three weeks to finish negotiations with the Nigeria Labour Congress (NCL).
On 10 January 2018, the Kaduna State governor together with the state commissioner of police used several press conferences to threaten the Nigeria Labour Congress (NLC) with sanctions in case of organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
solidarity protests in Kaduna State. On the same day, the state government declared that it would invoke the policy of no-work, no-pay on all those workers who joined 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
. The NLC planned to support the Kaduna NLC council, which had gone on an indefinite 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 protest the sacking of over 21,000 primary school teachers for allegedly failing competency tests, organised in the framework of the so-called Public Service Revitalisation and Renewal Project adopted by the state government in 2017. According to the NLC, the tests were conducted without involvement of the relevant professional bodies such as the Teachers’ Registration Council of Nigeria and the National Teachers Institute. The unions, particularly the Nigeria Union of Teachers and the Nigeria Union of Local Government Employees, were also not involved. According to the NLC, the tests were organised by the Kaduna State government as a pre-meditated action to reduce the public sector workforce in order to apply for a World Bank loan. The state restructuring policy would affect, apart from teachers, around 4,000 local government workers and 8,000 workers from various state ministries, departments and agencies.
Staff of Ladoke Akintola University of Technology (LAUTECH), Teaching Hospital, Ogbomoso, Oyo State, organised a march to protest the sacking of 256 staff and deployment of 300 other workers of the hospital. Earlier in August 2017, the workers organised a 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
action, joined by resident doctors in November 2017, a situation which made the Oyo State government stop their salaries. The Nurses and Midwives Association of Nigeria, Ogbomoso unit, informed the press that LAUTECH failed to consult dismissals and transfers with the union and that the names of the affected staff were passed at the entrance of the administrative department without an attempt to meet with the union. The state government in its reaction declared that the development was part of the holistic plan to restructure the hospital.
On 13 November 2017, the National Association of Aircraft Pilots and Engineers (NAAPE) grounded the operations of Dana Air Limited at the Murtala Muhammed Airport domestic terminal over the management’s refusal to allow technical personnel, including engineers and pilots, to join unions. The NAAPE picket was joined by all affiliates of the United Labour Congress (UCL). In reaction, the Dana Air management issued a statement denying employment of casual workers and anti-union practices and accused the union of illegal action.
On 1 November 2017, Abdulmumuni Yakubu, the branch chairman of Non-Academic Staff Union (NASU) at Kogi State, was assassinated by unknown gunmen at his home in Okene, Kogi Central senatorial district. The killing took place during the negotiations with the Kogi government on the ongoing 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
action of non-academic university staff unions in the state. Since the beginning of 2017 both academic and non-academic staff were engaged in nationwide 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
activities organised by NASU together with National Association of Academic Technologists (NAAT) and Senior Staff Association of Nigerian Universities (SSANU) in protest against prolonged non-payment of wages. In reaction to Yakubu’s killing, state chairmen of the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) issued a statement in which they called on the authorities to ensure immediate investigation, condemned the lack of sufficient protection of labour leaders against violence and decided about suspension of negotiations with the Kogi government.
On 19 July 2017, the Kogi State governor announced his decision to ban the activities of the Academic Staff Union of Universities (ASUU) at Kogi State University, following the union’s refusal to call off a six months’ old 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
. The governor ordered the striking lecturers to go back to work immediately or lose their jobs and ordered the authorities of the university to monitor lecturers’ compliance to the directive.
On 21 June 2017, the Kogi State government confirmed the ongoing recruitment of an additional 230 healthcare workers, including medical doctors. The Nigerian Medical Association (NMA) condemned the timing of the recruitment, given that the state government was in dispute with the NMA since the beginning of May when the indefinite 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
action was announced by the NMA.
On 8 June 2017, Adewunmi Olorunfemi, welfare officer of the Academic Staff Union of Polytechnics (ASUP), had his wrist broken while his wife was horsewhipped when the soldiers attacked protesting workers and students of the Lagos State Polytechnic (LASPOTECH) in Ikorodu, Lagos State. ASUP and Non-Academic Staff Union (NASU) resumed the ongoing 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
over non-payment of wages and organised a demonstration at the LASPOTECH campus. The workers and students were preparing to march towards the city centre when the soldiers arrived. LASPOTECH management denied calling for army intervention against the protesting workers and explained the soldiers’ presence on the campus by proximity of the location of the 174 Battalion of the Nigeria Army quarters. The management also denied any acts of brutality against the protesting workers. According to accounts given by anonymous protesters to the press, many of them were injured by the soldiers while trying to run to safety.
On 16 May 2017, the Nasarawa state governor Tanko Al-Makura issued a statement ordering the prohibition of the activities of the Academic Staff Union of Secondary Schools (ASUSS) in the state and describing it as an unregistered trade union. The statement accused ASUSS of inciting teachers against the state government in its communication activities, posing a serious threat to peace and order in the state, and preventing teachers from performing their duties.
On 6 May 2017, the Kogi State government threatened to terminate the appointment of any of its staff under the health sector who failed to resume duty and to adopt the policy of “no-work, no-pay” for any staff member on 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
. The Kogi State chapter of the Nigerian Medical Association (NMA) had directed its members to embark on an indefinite 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
, in protest against failure to pay the salaries of its members. The NMA has told its members to disregard the government’s threats and continue 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
.
On 26 April 2017, the leadership of the Nigeria Labour Congress (NLC) in Ogun State urged the State governor to recall the remaining four union leaders sacked over alleged infractions of the public service rules during the World Teachers’ Day celebration in October 2016. The State government had dismissed 16 and suspended 19 union leaders for their alleged partisan politics in the course of the celebration. The 19 suspended and 12 dismissed workers were recalled to their duty posts following appeals by concerned stakeholders. According to the NLC, the remaining four union leaders – Akeem Ambali, Dare Ilekoya, Nola Balogun and Eniola Atiku – must be reinstated by the state government.
At the beginning of December 2016, the unions at the Federal University of Technology (FUTA) in Akure - the Senior Staff Association of Nigerian Universities (SSANU), the National Association of Academic Technologists (NAAT), and the Non Academic Staff Union of Universities (NASU) - organised a 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
in order to call on the University to dismiss its Vice Chancellor, following allegations of his involvement in financial misappropriation of the school treasury. The unions had earlier filed a petition with the Economic and Financial Crimes Commission (EFCC) alleging fraud in the management of the university. The university responded by suspending 23 of the striking union members, including three union leaders, for allegedly disturbing academic activities on the campus. The suspension was revoked on 6 December when the FUTA Governing Council announced the reinstatement of all suspended workers and a plan to set up a joint committee with the involvement of representatives of the unions concerned tasked with addressing in depth the situation at FUTA.
On 31 October, 11 days after Ogun State workers embarked on 20 October on an indefinite 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 protest against the non-remittance of 12 months deductions from their salaries, the Government decided to dismiss 16 union leaders, including the state chairman of the Nigeria Labour Congress (NLC) and the state chairman of Nigeria Union of Teachers (NUT). The leaders were accused of misconduct during the 2016 World Teachers Day celebrations held on 5 October and, specifically, of publicly expressing support for one of the politicians and, therefore, organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
the “political campaign rally” during the celebration. The Government denied that the action had any link to the ongoing 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
. The leaders were, however, reinstated a week after.
Several attacks on trade union leaders were reported during the ongoing National Labour Congress (NLC) industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. in Ogun State. The dispute was a continuation of grievances that were taking place in 2014 and 2015, concerning delays of up to three years in payment of salaries, allowances, bonuses and pensions. The Ogun State NLC reported several attacks by government agents, including one on the NLC secretariat in Abeokuta, as well as public threats against trade union leaders, attacks and beatings of trade union leaders and union members both by the police and unidentified attackers. These attacks have forced a number of union leaders to hide in undisclosed locations with the effect of seriously impacting trade union activities.
On 9 July, Mr. Al-Makura, Governor of Nasarawa State, threatened to replace striking workers with freshly recruited graduates if they failed to return to work on 11 July. The workers, supported by the Nigeria Labour Congress (NLC) embarked on an indefinite 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
on 4 July to protest against the decision of the Nasarawa State Government to cut their salaries by 50%. The dispute was resolved two months later when the union agreed on 9 September to suspend 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
following the Government’s agreement to revert to the old salary structure.
On 16 June, the Nigeria Labour Congress (NLC) issued a 14-day ultimatum to six banks - Fidelity Bank, Diamond Bank, First City Monument Bank, First Bank, Ecobank and Skye Bank - to recall all sacked workers or face nationwide industrial action
industrial action
Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer.
. In 2016, these banks dismissed more than 2,000 workers after the banking sector was hit by the current economic crisis. The mass dismissals plans had not, however, been consulted with the unions. NLC withdrew 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
notice on 29 June following an agreement to await further dialogue to be organised under the auspices of the Federal Ministry of Labour.
On 20 June, resident doctors embarked on a nationwide 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
under the auspices of the National Association of Resident Doctors (NARD). Workers protested against six-eight month delays in salary payments, lack of proper placement in both state and federal hospitals and gaps in funding of residency training programmes. On 21 June, the Government responded with a circular addressed to all chief medical directors and medical directors of the Government’s health institutions to replace any resident doctor that did not report for duty and had therefore “abandoned” the training programme. Due to the Government’s refusal to negotiate, NARD was forced to call off 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
on 22 June.
According to the Trade Union Congress, most telecommunication firms in the country deprive their workers of the freedom to join trade unions. Workers are being hired under the condition of signing a declaration excluding the right to unionise. Such a practice appears to be widespread among all operators in the telecommunications sector present in the country, including MTN, Glo, Airtel, Etisalat, Spectranet, Huawei, Smile, Miicon Wire and Cable, Haier Thermocool, LG Electronics, Samsung, Philips, Panasonic and Nokia.
Eight leaders of the National Labour Congress (NLC) in Oyo State were arrested by the police on charges of disruption of public peace and vandalism of public property for organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
a 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
against the planned privatisation of public schools in the state. The amount of the requested bail was 200,000 NGN, so none of those arrested could meet the condition. Despite the protests, the State Government maintained the intention to further explore the development of public-private partnerships in the education sector.
Kogi State Government unilaterally ended the contracts of around 9,000 workers, including the Nigeria Labour Congress (NLC) state chairman, Onuh Edoka, for allegedly failing a “screening” exercise designed by the Government to identify persons who illegitimately benefited from civil service salaries or pensions. Mr Edoka was dismissed because he submitted the “wrong” bank statement. Some of the workers failed the screening because they did not submit a bank verification number. Although the Government claimed the screening process was transparent, the full list of reasons for the screening failure was not released.
In March 2016, the Governor of Kaduna state, Malam Nasir el-Rufai, issued a directive to civil servants, calling on civil servants to fill in forms to say no to union membership. The Joint National Public Service Negotiating Council was quick to protest and to urge civil servants to ignore the directive. The Trades Union Congress of Nigeria threatened widespread industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. unless the directive was withdrawn.
On 24 March 2016 an advertisement appeared in a Nigerian national newspaper, the Guardian, in which TATA Africa Services Nigeria announced that Joseph Ogunyemi, former chairman of the Automobile Union, TATA Branch, was no longer in its employment. Mr. Ogunyemi had not been served a letter of termination. In a statement, the Trade Union Congress (TUC) protested at the announcement, believing it was motivated purely by Mr. Ogunyemi’s trade union activities. He had been repeatedly victimised by the company, having been denied benefits, denied promotion, arbitrarily transferred, and repeatedly subject to questioning.
Police arrested and handcuffed two Ogun State workers on 8 March 2016 on the second day of a 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
by the state’s civil servants. The workers were arrested as union leaders arrived to monitor compliance with 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
at the entrance of the Oke-Mosan secretariat which houses the governor’s office and state assembly. The union leaders were hindered by the police. The Secretary to the State Government, Adeoluwa Taiwo, who later arrived on the scene and addressed workers, ordered the release of the arrested workers.
The workers had gone on 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
in protest at deductions from workers’ salaries and the Government’s failure to pay pensions and gratuity to retirees. In response, the Government had threatened to sanction workers who failed to return to work. 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
lasted ten days, and an agreement was reached for the payment of the salary deductions in March.
Police arrested two trade union officials of the Joint National Public Service Negotiation Council who were designated to monitor compliance during 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
by the Ogun State civil servants. They were later released following the order of the Secretary of the State Government who simultaneously issued a statement threatening to sanction striking workers who failed to resume duties.
Police used tear gas against workers protesting at the Linda Manufacturing Company. One female worker had her nose bridge damaged when a tear gas canister hit her in the face.
Workers protested against the dismissal of 10 employees, including trade union leaders, following the dispute which started the previous week when workers went on 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
over unrealistic daily production plans imposed by the company. According to the National Union of Chemical, Footwear, Rubber, Leather and Non-Metallic Products Employees, daily production plans in the company increased from 160 units per worker in 2015 to 350 units in 2016, with under-performance being the reason for dismissal with no benefits.
On 1 February 2016 policemen used tear gas to disperse protesting workers at the Linda Manufacturing Company, during which a woman was hit by a tear-gas canister in the face. The bridge of her nose was injured and she was taken to hospital for treatment.
The protest had started at about 8am by company employees in response to the dismissal of ten workers over the weekend, including members of the workers’ union executive. The General Secretary of the National Union of Chemical, Footwear, Rubber, Leather and Non-Metallic Products Employees, (NUCFRLANMPE), Douglas Adiele, explained that the dispute with the management had started the previous week when workers went on 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
and demanded that the company stopped giving them unrealistic targets. The number of tasks to be completed each day had steadily risen from 160 to 350, and those who failed to reach their target were given demerit points. A total of 27 demerit points led to dismissal
Members of the National Union of Petroleum and Natural Gas Workers (NUPENG) and the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) in Rivers State were attacked by the Nigeria Police, using both tear gas and gunfire.
Workers at Weather Fold Nigeria Ltd. had staged a picked following the dismissal of colleagues without due process. The company claimed it had taken the matter to court, and the Chairman of Port Harcourt zone of NUPENG, Godwin Eruba said the union was trying to discuss the matter with management to try to resolve it. At 3.00 am on the morning of 12 October however the Rivers State Police Command sent over 10 Hilux vehicles full of heavily armed policemen. They shot at the picketers, with both guns and tear-gas. Four union members were taken to hospital and were reported to be critically ill.
The La Casera drinks company in Lagos sacked over 700 workers on 14 September 2015 for joining a union. The workers learnt of their dismissal when they arrived to find the gates closed and a notice put up by the company, saying “we regret to inform all our staff of their immediate disengagement”. The company blamed its decision on the “disruption of operations” by members of the National Union of Food, Beverages and Tobacco of Employees (NUFBTE).
NUFBTE’s Senior Assistant Secretary and Head of Education Department, Mike Olanrewaju said that the company had refused on several occasions to allow its workers unionise. The union has written to the company about unionising its workers several times, no avail.
The Ministry of Labour had become involved at one point, but the company had resisted all attempts to allow its workforce unionise, and in an attempt to block the process, had even taken the union to the Industrial court. In the past the company had also dismissed all members of the steering committee on the unionisation of workers.
In the latest move, the company had reverted to its old tactics by sacking the chairman of the committee that was about to form the shop floor union. It was this that promoted the visit by NUFBTE officials to the company on 11 September, complete with membership forms. Management described their visit as the “unwarranted breaking-in and invasion of our business premises”.
On 17 August 2015 academic staff wrote to the management of Kwara State University (KWASU) to inform them that they had formed the KWASU branch of the Academic Staff Union of Universities (ASUU). In their letter, signed by the chairman of the caretaker committee, Dr. Dauda Adeshola, the newly formed union members stated that “We pledge the loyalty of the union to the university authorities and the Kwara State government. KWASU, established in 2009, is about to witness union activities after a five-year waiting period stipulated by the National Universities Commission (NUC) and KWASU Condition of Service and Regulations.”
The response of the university was to issue a circular denouncing the union as illegal and clandestine: “This is to inform the university community that the management is aware of groups of KWASU workers holding clandestine meetings in odd venues in Malete in the name of cultism or combative unionism. ...The university warns all concerned that this is illegal under KWASU rules. No nefarious, clandestine group, no matter by what name it disguises itself, will be recognised by the university.” The letter went on to say that “peaceful unionism” would be ushered in, “in appropriate time”, with the participation of management...
On 30 May 2014 the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) urged the Federal Government to intervene in the protracted leadership crisis within the Independent Petroleum Marketers Association of Nigeria (IPMAN). NUPENG President, Igwe Achese, noted that the 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
agreement signed with IPMAN and Independent Marketers Branch ten years earlier was yet to be implemented due to the leadership crisis in IPMAN. The previous leadership of IPMAN had frustrated the union’s efforts to unionise workers in IPMAN depots. The union had written several letters to the federal government, the Nigerian National Petroleum Corporation (NNPC) and the State Security Services asking them to intervene, without any positive results. It accused the Minister of Petroleum, Mrs. Diezani Allison-Madueke of failing to take the issue seriously. The Department of State Security Services had intervened and the federal High court in Port Harcourt had declared Chief Obasi Lawson as the IPMAN President, but opposing factions with IPMAN had refused to recognise the court ruling. The Petrol Station Workers (PSW) Branch of NUPENG added its voice to the protest, pointing out that it had not been able to negotiate conditions of service for its members as a result of the protracted crisis in IPMAN. Although the IPMAN leadership crisis was resolved numerous problems remained, leading 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
action in September and December 2014 over many issues, including unsafe working conditions, casualisation
casualisation
The practice of increasing the flexibility of the workforce by replacing permanent, full-time workers with workers on temporary, irregular contracts.
and unfair labour practices, notably the transfer and dismissal of union leaders.
The Association of Senior Staff of Bank and Financial Institutions (ASSBIFI) reported that in June 2015 Alpha-Beta Consulting Limited sacked over 300 of its 375 workers because they announced their intention to join the union in order to improve their working conditions.
The chairman of the Air Transport Services Senior Staff Association of Nigeria (ATSSSAN) Aminu S. Kolawole, and secretary, Lawson Imotto , together with two union officials from the National Union of Air Transport Employees (NUATE) , chairman, Chukwu Jude and Kingsley Ejiogu, secretary, were dismissed in late April 2015 by the management of the Skyway Aviation Handling Company (SAHCOL). Lawson Imotto was arrested and taken to an unknown destination.
The unions had been trying since June 2014 to review their conditions of service, to no avail. When the workers held a meeting in mid-April to discuss their demands, the General Manager intervened to disperse them, saying they had overstayed the time allocated. SAHCOL management claimed the four union leaders were dismissed for refusing to attend a meeting with managers and later a disciplinary panel.
The Abuja Steel Mill Ltd., Sabon Wuse, Niger State, sacked 400 employees in March 2015 for going on 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
. 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
began on 4 March following the expiration of a one week ultimatum to management to implement a 2013 collective agreement. The company had failed to implement part of the agreement reached, including upgrading temporary staff to permanent status. Shortly after the agreement was signed, the appointments of 76 staff were confirmed, but nothing more was done after that. Nor did the company increase allowances such as hazard allowances and meal subsidies as foreseen in the agreement. Workers reported for duty during 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
but did not work. When they arrived for work on 9 March, they were confronted by armed police who prevented them from entering the premises, and saw a notice on the gate stating they had been sacked for going on 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
, explained the local branch of the Steel Engineering Workers Union.
According to the Joint Action Front, Volkswagen Nigeria dismissed 25 workers after they went on a 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
over poor working conditions and the new company policy manual that does not guarantee workers’ rights as laid out in the labour law in May 2014. According to the company policy manual, workers must give six months’ prior notice when they want to resign as opposed to one month pursuant to the labour law. Workers also complained about not having received their medical allowances and gratuity pay.
In April 2014, new management at electricity distribution companies threatened to dismiss 5357 workers for participating in 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
actions against the outsourcing
outsourcing
See contracting-out
of jobs and inadequate working conditions. Ibadan and Jos electricity companies argued that the companies needed to be restructured and insisted that they would not tolerate union presence. The NLC called on the government to intervene in order to bring an end to the victimisation of union leaders and members in accordance with the tripartite agreement reached on 13 January 2014.
The police harassed and illegally arrested and detained striking members on false charges. They had been striking since the 13th of March to complain about the poor conditions of service and a plan by their management to outsource jobs.
The company dismissed 642 workers without conforming to the rules of disengagement.
The National Union of Petroleum and Natural Gas Workers (NUPENG) and Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) reported that of the 123 companies in the free zones, only 5 had allowed the unions to organise workers and at all 5 companies, union leaders have been victimised and dismissed.
In January 2013, NUPENG and PENGASSAN issued notice of a 3-day 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 start on 13 February if dismissed shop floor union leaders were not reinstated and union rights established in all companies in the free zone. The Minister of Labour and Productivity, Chief Emeka Wogu, agreed together with the Oil and Gas Free Zone Authority (OGFZA) and the unions that companies would be given 90 days to comply with provisions in the law that require companies to allow for unions to be put in place.
The Lagos State University Teaching Hospital Board and the State’s Health Service Commission (HSC) fired 788 doctors who had been on 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
since the 16th of April 2012. A dismissal letter dated May 4, 2012, was issued to each of the doctors accusing them of misconduct with absence on duty without leave or reasonable cause. 316 of the fired doctors were working with the Lagos State University Teaching Hospital while the remaining 472 were from other hospitals in the State.
In March 2012, trade union leader Bayo Akende was arrested by the Oyo State Government over allegations of mobilising workers against the government. Police Commissioner Tambari Yabo Mohammed considered his trade union activities as a breach of public peace.
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.
A study entitled “Oil and Casualisation casualisation The practice of increasing the flexibility of the workforce by replacing permanent, full-time workers with workers on temporary, irregular contracts. of Labor in the Niger Delta” by the US Solidarity Center depicts the social erosion affecting the lives of Nigerian oil workers due to casualisation casualisation The practice of increasing the flexibility of the workforce by replacing permanent, full-time workers with workers on temporary, irregular contracts. , or contract or outsourced work. “There is an industry-wide shift away from regular, full-time work toward forms of cheaper temporary labour and short-term contracting”, notes the executive summary. The 36-page study says that under one-half of the country’s oil and gas workers are unionised, down from 60% in 2003. “The casualisation casualisation The practice of increasing the flexibility of the workforce by replacing permanent, full-time workers with workers on temporary, irregular contracts. model enables employers to ignore workplace standards and workers’ social needs and to create a strong barrier against workplace organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. ” says the study. The oil industry has a history of anti-union attitudes, including replacing union members with contract workers.
On 3 and 4 February members of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and the National Union of Petroleum and National Gas Workers (NUPENG) shut down two worksites operated by Mobil Producing Nigeria (MPN), ExxonMobil’s subsidiary in Nigeria, to protest against the sacking of casual workers by Mobil’s contractors and the company’s failure to address the matter with unions first. Since September 2009, up to 100 Nigerian nationals have been sacked by contractors serving under MPN after taking part in a collective protest to gain fair remuneration, while other contractors have sacked Nigerian nationals from full-time positions, replacing them with casual workers. The sackings are not just of junior staff, but also of highly skilled and experienced nationals in technical, engineering, administrative, and commercial positions.
In March, the International Federation of Chemical, Energy, Mine and General Workers’ Unions (ICEM) reported that many companies had done away with full-time junior staff in their employment, including MPN, which phased out NUPENG members in favour of contract staffing. The ICEM reported that further to the February 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
by NUPENG and PENGASSAN, MPN converted some 10% of all casual workers to full-time staff. However, in November, 66 members of NUPENG and 18 members of PENGASSAN were sacked by MPN ostensibly as a cost-cutting exercise. The unions believed this was an act of discrimination against union members and Nigerian workers, following the pattern of replacing national workers with expatriates.
PENGASSAN and NUPENG also report that prominent oil and gas servicing companies Baker Hughes Nigeria Ltd., BJ Services and Mak Mera Nigeria Limited (Shell Nigeria) have persistently resisted the unions’ attempts to obtain 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.
for their respective unions with the view of negotiating 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
agreements.
In a petition to the senate committee on financial institutions in February, the Association of Bank, Insurance and Financial Institutions (ASSBIFI) reported on anti-union attitudes in the finance industry, including the inclusion of non-union clauses in the employees’ term of employment.
While the government and some employers may agree 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
, they generally fail to honour the agreements made, leading to many strikes. In September 2009, lecturers from the Abeokuta University of Agriculture, in the Ogun State, took to the streets in protest at the government’s continued refusal to sign an agreement it reached with the Academic Staff Union of Universities (ASUU) in 2001. Police permission is required prior to a 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
, but is rarely given. The use of security forces to intimidate, harass and arrest strikers, often accompanied by the use of violence against trade unionists prior to or during strikes or protests, seriously undermines 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
. When doctors at public hospitals in Lagos went on 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
in May 2009 to protest over poor pay and working conditions, they were subjected to vicious attacks according to their spokesperson Ibrahim Olaifa. At least one doctor was left in a critical condition after being physically attacked.