Section 77-79 of the Labour Act 2004
Section 77-79 of the Labour Act 2004
Section 77, 78, 79 of the Labour Act 2004 is under Part IV (Supplemental), and collectively titled ‘Administration‘.
Section 77 of the Labour Act 2004
Authorized labour offices.
(1) The Minister may by writing under his hand authorize-
(a) any public officer serving in a ministry or department for which the Minister is responsible; and
(b) with the consent of the State Authority, any officer in the public service of a State, to be an authorized labour officer for the purposes of this Act
(2) An authorization under subsection (1) of this section may-
(a) as regards the officer authorized, be made by name or by office;
(b) relate to the whole of the Federation or any specified part or parts thereof; and
(c) relate to the whole of this Act or any specified provision or provisions thereof.
(3) No authorized labour officer, except in so far as is necessary for the purposes of a complaint or prosecution under this Act, shall publish or disclose to any person the details of any manufacturing, commercial or working process which may come to his knowledge in the course of his duties.
(4) An authorized labour officer shall treat as absolutely confidential the source of any complaint alleging a contravention of this Act, and where he visits an employer’s premises in consequence of such a complaint, shall give no indication to the employer or the employer’s representative that the visit was made in consequence of the complaint.
Section 78 of the Labour Act 2004
Powers of authorized labour officers
(1) In addition to any other powers conferred by this Act, an authorized labour office may for the purpose of facilitating or ensuring the proper operation of this Act-
(a) enter, inspect and examine by day or night any labour encampment, farm, factory or other land or workplace whatsoever (and every part thereof) if he has reasonable cause to believe that any worker is employed therein or thereon;
(b) enter, inspect and examine by day any premises provided by an employer in which he has reasonable cause to believe that workers are living;
(c) enter, inspect and examine any hospital building, sanitary convenience, messroom or water supply provided for or used by workers;
(d) take with him a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his functions;
(e) require the production of any registers, certificates, notices or other documents kept in pursuance of this Act and inspect, examine and copy any of them;
(f) make such examination and enquiry as may be necessary to ascertain whether the provisions of this Act are being complied with, so far as respects any labour encampment, farm, factory or other land or workplace whatsoever and any person employed therein or thereon;
(g) inspect and examine all food provided for the use of workers and take samples thereof, so however that-
(i) any sample taken in pursuance of this paragraph shall be taken in duplicate in the presence of the employer of the workers (or, if the employer is not readily available, in the presence of a foreman or other responsible person) and shall be labelled and sealed in the presence of the employer, foreman or other responsible person, and
(ii) one sample so labelled and sealed shall be left with the employer, foreman or other responsible person;
(h) take or remove for the purpose of analysis samples of materials and substances used or handled by workers from premises not covered by the Factories Act, subject to the employer or his representative being notified and given an opportunity to be present when the samples are taken;
(i) interrogate, either alone or in the presence of another person as he thinks fit, with respect to matters to which this Act relates, any person whom he finds in or on any labour encampment, farm, factory or other workplace whatsoever or whom he has reasonable cause to believe to have been within the preceding three months employed in or on any labour encampment, farm, factory or other land or workplace whatsoever, so however that no person shall be forced to answer any question tending to incriminate himself;
(j) with the consent in writing of the Minister and subject to any powers conferred by the Constitution of the Federal Republic of Nigeria on the Attorney-General or Director of Public Prosecutions of the Federation or a State, prosecute, conduct or defend before a magistrate’s court, a district court or a court given jurisdiction under section 80 (2) of this Act in his own name (or, where he is acting under section 83 (5) of this Act, in the name of the complainant) any complaint or other proceeding arising under this Act or otherwise in the exercise of his functions as an authorized labour officer;
(k) direct any person who has in his opinion contravened any provision of this Act, to remedy the contravention within a specified and reasonable period; and
(l) direct the posting of a notice in any premises if he is satisfied that it is necessary or expedient for the proper implementation of this Act.
(2) Any person directed to take remedial action under subsection (1) (k) of this section may, if he is dissatisfied with the direction, within fourteen days or within any period stated in the direction, whichever is the less, appeal m writing to the Minister, who may refer the case for advice to any person or persons considered by him to be suitable and whose decision shall be final.
(3) Any person who-
(a) obstructs an authorized labour officer in the exercise of his functions under this section or any other provision of this Act; or
(b) fails to comply with a direction under subsection (1) (k) of this section (no appeal having been made under subsection (2) of this section or any such appeal having been disposed of); or
(c) fails to comply with a direction under subsection (1) (l) of this section,
shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N1,000 or to imprisonment for a period not exceeding two years, or to both.
Section 79 of the Labour Act 2004
Delegation of functions
(1) Subject to this section, the Minister may delegate any of his functions under this Act-
(a) to a public officer serving in a ministry or department for which the Minister is responsible; or
(b) as regards a State, to the Minister in the Government of the State responsible for labour matters or, with the consent of the State Authority, to an officer in the public service of the State.
(2) Subsection (1) of this section does not apply to the power of delegation conferred by that subsection or to any power to make regulations or orders.
(3) A delegation under subsection (1) of this section may be made subject to such conditions and limitations, if any, as the Minister thinks fit.
(4) The delegation of a function under subsection (1) of this section shall not prevent the Minister from continuing to exercise the function himself if he sees fit.
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