THE NEED FOR THE REFORM OF LABOR LAW PARTICULARLY IN THE AREA OF OCCUPATIONAL HEALTH AND SAFETY IN NIGERIA.

THE NEED FOR THE REFORM OF LABOR LAW PARTICULARLY IN THE AREA OF OCCUPATIONAL HEALTH AND SAFETY IN NIGERIA.  

 It is indeed a fact that every occupation, work, or employment carries with it, hazards that expose workers to certain risk factors hence endangering their lives and shortening their lifespan in the course of employment. It is therefore in the realization of the prevalence of unpalatable factors associated with the workplace that labor laws have evolved to regulate relations in the workplace and bring to bear minimum standards aimed at ensuring that workers while utilizing their skills and engaging in the course of their employment in employers' business or organization, they are to be treated fairly and within the auspices of law and respect for their fundamental rights.  

In the light of above, it is safe to state that achieving the above fact will be impossible with some current labor laws practices in Nigeria because most of those laws have not incorporated and enforced the idea of employee protection in the employer's business premises while carrying out their contractual responsibility. 

It therefore goes by saying that, many of the provisions regulating employers and employees' relations have become outdated and inconsistent with global international labor minimum standards and best practices hence the need for labor law reformation, particularly in the area of occupational health and safety in the workplace, whilst creating environment that fosters sustainable economic development and healthy workplace for the workers.

 The most important source of law in Nigeria is the constitution, its majorly referred to as a ground norm from which other laws get their validity. In INEC V MUSA [2003] LPELR 24927 (SC) it was held that the Constitution is the supreme law of the land.

 Section 1 (1) CFRN,1999 As Amended provides that "this constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the federal republic of Nigeria. Similarly, chapter 4 of the same constitution provides for fundamental rights, particularly in Section 33, provides for the right to life. Also, in Section 254C (f) the constitution provides that Nigerian labor practices must align with international best practices in labor.

Flowing from the above position, it is safe to opine that one of the major concerns of the constitution is the protection of citizens lives at every point in time and the area of occupational health and safety of a worker during the course of its work at the employer's business premises is not an exception hence, every law, practices enacted in regulations of labor matter must confine with the constitution and importantly with the international labor standard practices.

Having established the above, one can now agree that most labor law practices in Nigeria regulating labor matters need to be reformed to rob shoulder side by side with international labor law practices. The current legal framework, though well-intentioned, has several limitations and gaps that hinder the effective protection of workers' health and safety. Some key reasons for reforms include:

Occupational Health & Safety

                       The Labor Act 2004 has taken into cognizance the mental and physical well-being of employees, and the Act further provides penalties for employers who breach the provision of sections 6(2), 7, 13(3), 13(5), and 13(7) albeit, a penalty of a fine not exceeding N800 (for a first offender) or N1500 (for a second offender) is to say the least paltry and grossly inadequate to remedy the injury that might have been caused to the employee in the cause of his employment.

The question therefore is, what is the remedy for the injury suffered by the employee as a result of the hazardous working environment? Even where enforced in Nigeria, occupational health and safety laws do not provide total compliance. These penalties stipulated in the Act do not serve as a deterrent to offenders due to their insignificance hence making a mockery of the legal process.

Unhealthy, unsafe, and unbearable working conditions are prevalent in most places of work in Nigeria, hence affecting the lives of the workers. As I earlier stated, the Nigerian government must stop further abuse of its citizens and guarantee their fundamental human rights as enshrined in the 1999 Constitution. There must be constant checks on the working environments that are associated with gross abuse of their employee's right to health and safety.

I remember that in 2016 Nigerian Senate introduced the Occupational Safety and Health Bill, which seeks to repeal the Factories Act, 1987 and set up a comprehensive framework for all health and safety-related issues at the workplace since the provision of the Factories Act, 1987 was outdated and cannot respond to the issue of occupational health and safety. The said Bill, however, has not scaled through the legislative passage process to date.

Employee's Leave Period

By the provision of section 18(1) of the Labor Act 2004, it is clearly stated that every worker is entitled to a holiday period of at least 6 working days.

 However, this provision is not mandatory as the Act in Section 18(2) provides that the leave period can be deferred by agreement between the worker and the employer. The present position of the Labor Act is unhealthy for the employee as the employee who works continuously for 12 good months and beyond without rest stands the risk of facing severe health challenges and mental illness.

The Labor Act also provides for sick leave but fails to recognize the provision for paternity leave which means that the Act is biased. However, some states like Enugu have made provision for paternity leave.

Considering the above, one can say that the present Labor Act does not balance its provision hence the need to reform it to suit all workers.

 

Work Hours

One of the major challenges being faced by employees in Nigeria is the employers' abuse of working hours whether or not mutually agreed by both parties in an employment contract and/or the idea of unpaid overtime working hours in employment contracts. This particular issue has been provided for in the Labor Act but it is considered to be outdated in Nigeria and many employers refuse to follow it. Section 7 (1) (g) of the Labor Act provides that the contract of employment should include details of the employee's work hours. The Labor Act provisions on working overtime are grossly inadequate as S13 (7) (b) of the Labor Act merely mentions "payment of wages at overtime instead of failure to provide the employee consecutive 24 hours of rest in every 7 days thereof without any guide on payment applicable for overtime." The Act leaves it subject to agreement between the employer and the employee. Meanwhile, in other jurisdictions, the directives are made by the law to affect that provision in the contract of employment and not just between Employer and Employee hence the Labor Act needs to be reformed to accommodate a better working hour for employees and a strict adherence to it.

 

Redundancy and Severance Pay

With the current economic situation in Nigeria, redundancies are becoming frequent as many companies are struggling to maintain their workforce. It is recommended that the Labor Act be amended to make clear provisions regarding the calculation of severance payment especially where the affected employee(s) are not members of a recognized trade union as provided in the Act. A predefined payment scheme should be stipulated to cushion the effect of loss of employment.

Some core labor standards are freedom from forced labor, freedom from child labor, freedom from discrimination at work, freedom to form and join a union, and to bargain collectively. They are the bare minimum of rights required by everyone to lead a life of dignity and freedom. We need labor reforms to establish basic standards to ensure that people do not get exploited or discriminated against.

In conclusion, exception for some professional employees, it is trite that there is no balanced bargaining power between the employer and laborers. This is founded on the fact that an employer can employ any employee he wants or who takes less wages than others hence employees are often seen accepting any wages and jobs regardless of the unhealthy working environment and conditions. Most of these people often end up having issues with their health due to the unsafe working environment. To preserve their lives and mandate the employer to take necessary steps in providing a serene working environment for its employees, labor laws must be reformed and seen to address the core inadequacies of existing legislations and issues relating to workers' health, safety of the employees whilst also looking into the future.   By reforming labor laws to address these gaps, Nigeria can better protect workers' health and safety, enhance their well-being, and promote a safer and more productive work environment. Looking for more related contents? Keep following our page.