BEFORE YOU SIGN THAT EMPLOYMENT CONTRACT
“When work is a pleasure, life is a joy! When work is a duty, life is slavery…”
-------------- Maskim Gorky
‘’The Man Is No Fool Who Gives Up What He Can’t Keep To Gain What He Can’t Lose’’ ------------Anonymous
It may seem a very difficult task to forsake a job because of what is written in an employment contract considering the rising rate of unemployment in our society, in fact it might seem impossible or unwise but we are of the opinion that it would be wiser to be sure of what you are signing before you sign yourself into slavery for life. Some sections of the Nigerian Labour Act which were basically formed to protect your rights as an employee and employer alike might surprise you. Did you know that an employer is supposed to give you a contract of employment or letter of employment within three (3) months after your employment? S.7 of the labour Act makes it mandatory for an employer, not later than three (3) months after the commencement of a worker’s employment to issue a worker with a written contract of employment. This would mean that if an employer gives you an employment letter after three months that you have commenced work, that employment contract is null and void, in other words, it has no effect in law. Also under the Nigerian Labour law, particularly Section 55 of the Labour Act, women are not supposed to work all through the night except where the work they do is categorized as special services such as nurses. Furthermore, Section 13 provides that a person who works for six hours or more is entitled to a break period of at least one hour. Also, an employee is not supposed to work for seven days in the week without a day off. As much as there might be no hard and fast rule as to how a contract of employment should be couched, there are some basic things that must be in a contract of employment. Particulars such as:
• Name of the Employer
• Place of Employment
• Date of commencement
• Nature of Employment,
• Hours of work
•Wages/salary and the periodicity of the payment
• Holidays
• Sick leave
• Holiday pay
• Sick pay
• Duration of the Contract
• Method of termination of the contract.
Where an employer fails to give a contract of employment or where some issues are not covered by such contract, the provision of the Labour Act shall be invoked and applied in such circumstances. The Labour Act further provides some more terms like:
1. Period of notice in the case of termination: Section 11(2) of the Labour Act provides such notice as; (a) One day, where the contract has continued for a period of three months or less; (b) One week, where the contract has continued for more than three months but less than two years; (c) Two weeks where the contract has continued for a period of two years but less than five years; (d) One month, where the contract has continued for five years or more. Note that the above notice will not avail an employer or an employee who has already signed a contract to the contrary.
2. Transport Allowance: where an employee is required to travel sixteen kilometres or more from his normal place of work to another work site, he shall be entitled to free transport or an allowance in lieu. Note that the employee has a right to refuse entering the car if such car provided is overcrowded.
3. Duty to provide work: an employer has the responsibility to provide an employee with work to do on every day because on the pay day, he is bound by S.17 of the Act to pay such employee for all those days he reported for work, whether he worked or not, as though he worked.
4. Annual leave: the import of Section 17 of the Act is that every worker shall be entitled after 12 continuous service to holiday with full pay of (a) at least six working days, or (b), at least twelve working days, in the case of persons under the age of sixteen years.
5. Unreasonable clauses: an employment letter is not supposed to contain clauses that will constitute a breach of an employee’s right or any clause that will be unenforceable by a court of law. In conclusion may we also remind you that an employer has a duty to provide the worker with a safe working place and equipments and this will include inspection of the work place from time to time.
mersim4luv@yahoo.com
Schorlarly presentation with great erudition. Would be glad to be enlightened in respect redundancy and restraint of trade which appears to have defined most labour related disputes. A Lawyer under paid employment in any firm in Nigeria, at least, is not so free to even write a letter for his father just because the employer feels it is diametrically opposed to the interest of the firm. More enlightenment pls.
ReplyDeleteRedundancy and restraint of trades are two different pillars.While it is not the fault of the employee that his presence constitutes a minus to the Employer,the employee needs to prepare himself by acquiring useful qualifications that can be required in the event his services are no longer needed.The law is clear on the fact that it is the duty of the employer to provide work, where no available work exists,the law also spells out the measures the employer can take in laying off the worker in question temporarily.
ReplyDeleteAs for restraints of trade,it is the duty of the employee to observe the clause because he/she did not sign the contract under duress.Employees can not on their on will pick clauses in the Contract of Employment favorable to them and do away with the others that do not protect their interest.The employee has to be as wise as a Serpent and read all dotted lines before appending his or her signature.
peter.