In Nigeria, there are several lawful grounds for terminating an employment contract. These include redundancy, incapacity, misconduct, and breach of contract. Misconduct can include gross negligence, insubordination, fraud or dishonesty, and criminal offenses. Breach of contract refers to significant violations of the terms of the employment agreement.

Notice periods are mandated in Nigeria and often depend on the terms of the employment contract, prevailing collective bargaining agreements, or the provisions of the Labour Act. For contracts with weekly wages, one week's notice is required. For contracts with monthly wages, one month's notice is required. For contracts where payment is calculated at longer intervals, at least two weeks' notice is required, or longer if the contract specifies so. Employers can choose to offer payment in lieu of notice.

Severance Pay

Severance pay in Nigeria is required under certain circumstances. In cases of redundancy, the amount depends on the employee's length of service and the provisions of any applicable agreement. Employees who retire in line with company rules or a collective bargaining agreement are often entitled to severance pay. If there's no agreement, the Labour Act may be referred to for guidance on calculation.

Procedural Fairness and Documentation

Prior to dismissal (except in cases of summary dismissal for gross misconduct), employers should give employees a fair hearing. This includes written notice of allegations and the opportunity to respond. Employers should always keep detailed records of termination procedures, including reasons, notices given, and any severance payments made.

Nigerian law provides protection against various forms of discrimination, aiming to foster a fair and inclusive society.

Protected Characteristics

Nigeria's anti-discrimination laws primarily focus on the following protected characteristics:

• Disability: The Discrimination Against Persons with Disabilities (Prohibition) Act 2018 prohibits discrimination based on disability in areas such as employment, education, housing, and access to public services.
• HIV Status: The HIV and AIDS (Anti-Discrimination) Act of 2014 outlaws discrimination against individuals based on their real or perceived HIV status.
• Gender: Section 42 of Nigeria's Constitution prohibits discrimination on the grounds of sex, which extends to areas like employment and access to services.
• Ethnic group, place of origin, community, or religion: Nigeria's Constitution also provides protection from discrimination based on these factors.

Redress Mechanisms

If you encounter discrimination in Nigeria, the primary avenues for redress include:

• Internal Grievance Procedures: Your workplace may have internal mechanisms for handling discrimination complaints.
• National Industrial Court of Nigeria (NICN): The NICN specializes in handling labor and employment-related disputes, including those involving discrimination.
• National Human Rights Commission: This government body is mandated to investigate and address cases of human rights violations, including discrimination.

Employer Responsibilities

Employers play a crucial role in preventing and addressing discrimination in the workplace. Their key responsibilities include:

• Non-discrimination Policies: Employers should create a clear policy against discrimination, communicated to all employees, to set a baseline expectation for workplace conduct.
• Training and Awareness: Employers should educate employees on anti-discrimination laws and foster a company culture that promotes equality and respect.
• Complaint Mechanisms: Employers should establish a robust system for handling and addressing discrimination complaints confidentially and effectively.
• Proactive Measures: Employers should proactively identify and address potential areas of discrimination within the workplace through policy review and workplace culture assessments.

In addition to these core anti-discrimination laws, other legislation such as the Child Rights Act and the Violence Against Persons Prohibition Act offer protection against specific forms of discrimination, often focused on vulnerable groups.

In Nigeria, labor law outlines basic standards for work hours, rest periods, and some safety measures. However, these regulations primarily apply to formal employment sectors and may not be universally observed in the informal sector, which constitutes a significant portion of the Nigerian workforce.

Standard Work Hours and Overtime

The standard workweek in Nigeria is 40 hours, spread out over a maximum of six days. A typical workday is eight hours long. Overtime pay is mandated by law for any work exceeding the standard hours. Specific overtime rates are usually determined by employment contracts, collective bargaining agreements, or industrial wage board orders.

Rest Periods and Leave

Nigerian workers are legally entitled to at least one 24-hour rest period after every six consecutive working days. This rest period must be paid leave. There are a number of national public holidays throughout the year. Employees are generally not required to work on these days and are entitled to paid leave. Minimum annual leave entitlement ranges from two to four weeks, depending on the employer and position.

Ergonomic Requirements

There are currently no overarching legal regulations regarding ergonomics in the Nigerian workplace. However, the Factories Act of 1990 outlines some general safety requirements for machinery and hazardous processes.

Ensuring a safe and healthy work environment is a shared responsibility between employers and employees in Nigeria. A robust legal framework outlines these responsibilities and empowers enforcement bodies to ensure compliance.

Employer Obligations

The National Policy on Occupational Safety and Health (OSH policy) and its supporting legislations place significant duties on employers. Here are some key obligations:

• Provide and maintain a safe working environment: This includes ensuring machinery, work processes, and the overall workplace layout minimizes risk factors.
• Free Personal Protective Equipment (PPE): Employers must provide appropriate PPE for workers, free of charge, for tasks with exposure to hazardous substances or processes.
• Information, Instruction, Training, and Supervision: Employers are obligated to train workers on health and safety procedures relevant to their roles and ensure proper supervision is in place.
• Health Services and Facilities: Employers must provide access to occupational health services and essential amenities like clean drinking water, washing facilities, and first-aid kits.
• Record Keeping: Maintaining health and safety records, including accident reports, is essential for employers.
• Consultation and Committees: The OSH policy emphasizes the importance of consultation between employers and workers on safety matters. Employers may need to establish safety committees to facilitate this process.

Employee Rights

Employees also have a role to play in workplace safety. Here are some key employee rights under Nigerian regulations:

• Right to a Safe Work Environment: Employees have the right to work in an environment free from foreseeable risks to their health and safety.
• Information and Training: Employees have the right to receive information and training on health and safety matters relevant to their work.
• Refusal of Unsafe Work: Employees can refuse work they believe to be unsafe or unhealthy, provided they have reasonable justification for their concern.

Enforcement Agencies

The Federal Ministry of Labour and Employment (FMLE) is the primary agency responsible for enforcing workplace health and safety regulations in Nigeria. The FMLE achieves this through its inspectorates who conduct workplace inspections and enforce compliance with relevant legislation.