The basis of labour law is the relationship between an employer and an employee, sometimes known as the master-servant relationship. This connection is based on the terms of the employment contract. Any agreement whereby a party consents to employ another as a worker or employee and that other party consents to work for the employer as an employee is known as an employment contract. The relationship between employer and employee gives rise to duties and responsibilities which are recognized and enforceable in law. This article emphasizes employer’s duties to their employees.
WHO IS AN EMPLOYER?
The Labour Act defines an Employer as someone who has entered into a contract of employment to employ other person as a worker either for himself or for the service of other person, and includes the agent, manager or factor of that first-mentioned person and the personal representatives of a deceased employer.
Also, the Employee’s Compensation Act, 2010 defines ‘an employer’ to include any individual, body corporate, Federal, State or Local Government or any government agencies who has entered into a contract of employment to employ any other person as an employee or apprentice.[i]
An employer is a person or Organization that employs and compensates employees to perform work or provide services. The employer is the one who signs a contract with a worker, agreeing to pay the worker for completing specific responsibilities.
WHO IS AN EMPLOYEE?
An “employee” is one employed by an employer under a contract whether on a continuous or temporary apprenticeship or casual basis and includes a domestic servant who is not a member of the family of the employer including any person employed in the local, state or federal governments.
DUTIES OF AN EMPLOYER UNDER THE NIGERIAN LABOUR LAW
During the course of employment, an employer owes his employee certain obligations. These include among others the following;
- Respect for Employee Rights: Employers must respect the fundamental rights of their employees, including the right to fair treatment, non-discrimination, equal opportunities, and freedom of association. Discrimination based on gender, ethnicity, religion, disability, or other protected characteristics is prohibited by law.[ii]
- Payment of Salaries and Benefits: Employers have a responsibility to pay employees their salaries, wages, allowances, and other benefits as agreed upon in the employment contract or mandated by law. Timely payment and transparency in remuneration are essential to maintaining trust and morale among employees. In certain circumstances nothing less than the national minimum wage may be payable.[iii]Section 3 (1) of the National Minimum Wage Act,2019 stipulates that it shall be the duty of every employer to pay a wage not less than the national minimum wage of N30,000.00 per month to every worker under his establishment”. By section 3 (3) of the National Minimum Wage Act 2019, “any agreement for the payment of wages less than the national minimum wage shall be void and of no effect whatsoever”. Section 4(1) of the National Minimum Wage Act 2019 provides for exemptions as follows: The provisions of section 3(1) of the National Minimum Wage Act does not apply to 1) an establishment in which less than fifty workers are employed; 2) an establishment in which workers are employed on casual basis; 3) an enterprise where workers are rewarded on piece-rate or commission basis; 4) workers in periodic engagement such as farming; 5) worker engaged in a ship or aircraft regulated by shipping or aviation law.
- Promotion of Occupational Health and Safety: Employers are responsible for implementing measures to promote occupational health and safety in the workplace. This involves conducting risk assessments, providing training on safety protocols, ensuring proper maintenance of equipment and facilities, and facilitating access to medical care in case of emergencies. An employer is under a duty, at common law, to take reasonable care to ensure that his employee is not exposed to risk of injury at his work. Where, therefore, an employee suffers injury at his work as a result of the neglect or default of his employer to take reasonable care for his safety, the employer is obliged to pay damages in respect of the injury to the injured employee. Also, S. 12 of the Labour Act, 2004 provides that it shall not be a defence to an employer who is sued in respect of personal injury caused by the negligence of one employee to another that, at the time the injuries were caused, they were both in common employment.
- An employer has a duty to provide equity and all inclusive work environments to accommodate employees with disabilities.[iv] Nigeria is a signatory to the Convention on the Rights of Persons with Disabilities (CRPD), which obliges member states to take measures to promote the rights of persons with disabilities, including in the employment sector. This international agreement influences domestic policies and practices, reinforcing the need for inclusive and equitable work environments.
CONCLUSION
In conclusion, the law recognizes the rights and duties in the employer-employee relationship. The law acknowledges that both parties are entitled to rights from the relationship as much as they have obligations towards one another. Thus, both parties are expected to fulfill their part of the contract as failure to can yield consequences.
[i] Section 73 Employee’s Compensation Act, 2010
[ii] https://firmusnigeria.com/the-rights-and-responsibilities-of-employers-in-nigeria/?utm_source=mondaq&utm_medium=syndication&utm_content=articleoriginal&utm_campaign=article accessed on 07/09/2024
[iii] https://www.scirp.org/journal/paperinformation?paperid=108303 accessed on 07/09/2024
[iv] https://firmusnigeria.com/the-rights-and-responsibilities-of-employers-in-nigeria/?utm_source=mondaq&utm_medium=syndication&utm_content=articleoriginal&utm_campaign=article accessed on 07/09/2024
Written by Olalekan O. Elizabeth for The Trusted Advisors
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