Global Rights Index 2014 - Nigeria

Country Rating: 5

• No guarantee of rights

• Countries with the rating of 5 are the worst countries in the world to work in. While the legislation may spell out certain rights, workers have effectively no access to these rights and are therefore exposed to autocratic regimes and unfair labour practices.

Barriers to the establishment of organisations: 50 members are required for the registration of a trade union (s 3(1), Trade Unions Act). All applications for registration must be approved by the Minister (section 3(2), Trade Unions Act). The Minister's approval is to be based on 'his being satisfied that it is expedient to register the union' (section 3(2), Trade Unions Act). Further, the Registrar has the power to refuse registration on the basis that a proper objection has been raised or that a purpose of the trade union is unlawful (section 5(3), Trade Union Act). The Act does not explain what might constitute a proper objection or unlawful purpose. Any unregistered trade union, and any official or member thereof that is involved in an act of organising is guilty of an offence (section 2(3), Trade Unions Act). A three month notice period must elapse before a trade union can be registered. The notice period starts only on the date the Registrar publishes notice of an application for registration in the Gazette. Following the 3 months, the Registrar has an indefinite period during which to determine whether the prerequisites to registration (i.e. no proper objection raised, no unlawful purpose, compliance with the requirements of the Act and Regulations) have been met (section 5, Trade Unions Act).

Right to collective bargaining: Although the Trade Disputes Act contemplates the existence of collective agreements for the settlement of a trade dispute, it does not establish any mechanisms to encourage or promote collective bargaining. All collective agreements must be deposited with the Minister, who has discretionary power to order that an agreement or any part thereof shall be binding on the employers and workers to whom it relates (section 3, Trade Disputes Act). Further, the Minister has broad powers to apprehend any dispute arising the course of collective negotiations (sections 5, 17 Trade Disputes Act). Wages are not excluded from the scope of bargaining, but the Minister's approval must be obtained before a wage increase is granted by an employer or awarded by a tribunal or court (section 19, Trade Disputes Act). Upon the deposit of a new collective agreement, the Minister may order that only some of the provisions of the collective agreement shall be binding (section 3, Trade Disputes Act).

Right to strike: Although the Trade Unions Act and the Trade Disputes Act contemplate strike action being taken, it is only permitted in relation to certain types of disputes, following approval by a majority of union members and at certain times (i.e. after mediation, but before conciliation and arbitration). Penal penalties apply in the event that a worker engages in unlawful strike action. Further, the Minister may refer a dispute for compulsory arbitration at any time. A party to a dispute may not take strike action unless the parties to the dispute have complied with any agreed dispute resolution procedures and/or tried to settle the matter through mediation. Further, it is an offence to participate in strike action where: a conciliator has been appointed; a dispute has been referred to the Industrial Arbitration Panel for settlement; an arbitration award made by a tribunal has been made binding by the Minister; the dispute has been referred to the National Industrial Court; or the Court has issued an award (section 18, Trade Disputes Act).