Nigerian labor law regarding standard working hours is guided by the principle of flexibility within a legal framework. The Labour Act (Laws of the Federation of Nigeria), 2004, Section 13, outlines the key aspects:

Flexible Determination of Working Hours

The Act does not prescribe a rigid standard for working hours. Instead, it allows for flexible arrangements established through three main methods:

• Mutual Agreement: Employers and employees can negotiate and agree on their preferred working hours within legal limitations.
• Collective Bargaining: Industry-wide agreements or union negotiations can determine standard working hours for a particular sector.
• Industrial Wage Board: Government-established boards might set working hour standards for specific industries in the absence of the above mechanisms.

Legal Limits and Requirements

While there's flexibility in determining working hours, the Act establishes some legal boundaries:

• Maximum Workweek: The standard workweek cannot exceed six days.
• Maximum Daily Hours: A workday should not surpass eight hours.

In Nigeria, overtime pay is triggered when an employee works beyond their agreed-upon working hours. The Labour Act doesn't mandate a specific limit on overtime work or a set rate for overtime pay.

The preferred method for determining overtime compensation is for the employer and employee to reach a mutually agreed-upon rate for overtime pay, which should be clearly defined in the employment contract. If a collective bargaining agreement exists within the company or industry, it might dictate the overtime pay rate. In the absence of either agreement, an industrial wages board might establish the overtime pay rate.

In summary, there is no mandated limit on overtime work or a set rate for overtime pay in Nigeria. Overtime compensation should be clearly defined in the employment contract or established through collective bargaining.

In Nigeria, labor law ensures minimum rest periods and breaks for employees.

Daily Breaks

Employees who work six hours or more in a day are entitled to one or more suitably spaced rest intervals of not less than one hour in total. The law allows for multiple shorter breaks to reach the one-hour minimum requirement. These breaks are unpaid and employees are free to leave the workplace during this time.

The legislation uses the term "suitably spaced," implying some flexibility in scheduling breaks. However, employers should ensure breaks are distributed fairly throughout the workday to avoid excessive fatigue towards the end of the shift.

Weekly Rest Day

Every employee is entitled to at least one 24-hour rest period within every seven days. This rest day should be consecutive.

Exceptions and Compensatory Measures

In exceptional circumstances, employers may require employees to work during their rest day. However, the law mandates compensatory time off within the following 14 days. Alternatively, employers can compensate employees with overtime pay for working on their rest day.

In Nigeria, night work and weekend work are regulated by the Labour Act (Cap. L.1, Laws of the Federation of Nigeria, 2004).

Night work is defined differently depending on the type of work and the age of the worker. For industrial undertakings, night work is a period of eleven consecutive hours, including the hours between 10:00 pm and 5:00 am. For agricultural undertakings, it is a period of nine consecutive hours, including the hours between 9:00 pm and 4:00 am. For young workers under 16, night work is twelve consecutive hours, including the hours between 10:00 pm and 6:00 am. For those aged 16-18, it is seven consecutive hours, including the hours between 10:00 pm and 7:00 am.

The Act prohibits women from working at night in public or private industrial undertakings and agricultural undertakings. However, exceptions exist for situations involving raw materials susceptible to rapid deterioration and industries influenced by seasonal factors or requiring a reduction in night work hours due to special circumstances.

The Labour Act doesn't mandate specific night shift compensation. However, the premium pay rate can be determined through mutual agreement between employer and employee, collective bargaining agreements, or an order issued by the Industrial Wages Board.

The Act doesn't explicitly restrict or regulate weekend work. However, if weekend work exceeds the standard working hours, employees are entitled to overtime pay.

It's advisable to consult with the Nigerian Ministry of Labour and Employment or seek legal counsel for the latest interpretations and specific regulations related to night shift and weekend work.