Nigeria: Employee rights

Original and updating author: Adekunle Obebe, Bloomfield Law Practice

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Summary

• The Government has introduced measures that are relevant for employers and employees in response to the coronavirus (COVID-19) outbreak. (See Coronavirus - emergency measures)
• The main item of legislation relating to many aspects of employee rights is the Labour Act, the provisions of which apply only to "workers". (See General)
• There are no statutory normal working hours or maximum limits on working time. (See Hours of work)
• Where an employee works for at least six hours a day, they must be granted "rest intervals". (See Rest breaks and rest periods)
• Nigerian law provides for statutory minimum paid annual leave. (See Holiday and holiday pay)
• Female employees are entitled to a period of maternity leave, a certain portion of which must be taken after the birth. (See Maternity and pregnancy rights)
• There is no statutory right to paternity leave for male employees who are not civil servants. (See Paternity leave)
• Part-time work is not specifically regulated by legislation, and there are no specific rules on fixed-term employment. (See Part-time workers and Fixed-term workers)
• There is no specific statutory regulation on remote working. (See Remote workers)
• Temporary agency work is permitted in the form of "labour contracting". (See Temporary agency workers)
• The recruitment of Nigerian nationals for employment outside Nigeria is subject to various rules and restrictions. (See Posted workers)
• There is no automatic transfer of employment contracts to the purchaser on the transfer of a business or part of a business. (See Transfers of undertakings)
• In the event of their employer's insolvency, employees' pay-related claims are among those that receive preferential treatment. (See Insolvency of employer)
• Disciplinary procedures are not governed by the Labour Act, but are instead detailed in the employment contract (See Disciplinary procedures)