IN Nigeria, an employee of either a private or public establishment has certain fundamental rights entrenched in various laws in Nigeria, such rights as well as the relationship between an employer and an employee in Nigeria are regulated by specific laws; the Labour Act, 2004, the Pensions Reform Act 2014, the Employee Compensation Act 2010 and the National Minimum Wage Act 2019.
These laws have several provisions that cover the major rights that every employee is entitled to in Nigeria. Some of the core rights are below:
Right to contract of employment: A contract of employment is an agreement, whether oral, written, express or implied, between an employer and an employee that spells out the terms of the employment, including the rights and the duties of both the employer and the employee. According to Section 7 of the Labour Act 2004, every employee has the right to be given a contract of employment by his employer, no later than three months after the commencement of the employment.
Right to notice of termination: If an employer no longer requires the services of his employee, he is required by law to give adequate notice to the employee, stating his intention to terminate the contract of employment. There should be no room for ambiguity; the termination must be explicitly communicated to the affected employee. This is provided for under Section 9 of the Labour Act 2004.
Right to receive wages: Every employee is entitled to payment of his wages as at when due. Wages must be paid in legal tender, that is, an acceptable means of exchange or money recognised under the law. This is provided for under Section 1 of the Labour Act 2004. In addition, the National Minimum Wage Act 2019 under Section 3(1) mandates every employer, except as exempted under the Act, to pay a wage not less than the sum of thirty thousand naira (#30,000) per month to every worker under his establishment.
Right to form or join trade unions: Trade unions are organisations formed by workers to protect their collective interests and advocate for better working conditions such as wages and benefits. Employers are prohibited from interfering with the formation or activities of trade unions. Section 9(6) of the Labour Act, 2004 provides for this right.
Right to be given sick leave: Every employee who is absent from work as a result of an illness is entitled to be paid his wages for up to 12 working days in a calendar year.
These laws safeguard the rights of an employee in order to ensure fair and equal treatment of all employees in the workplace.
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