Section 86-92 of the Nigerian Labour Act 2004

Section 86, 87, 88, 89, 90 ,91, 92 of the Nigerian Labour Act 2004 is under Part IV (Supplemental), and collectively titled ‘Miscellaneous‘.

Section 86 of the Labour Act 2004

Application to public authorities

The provisions of this Act, other than the penal provisions, shall apply to and be carried into effect by public authorities:
Provided that, in times of national emergency and in any other case where he is satisfied that it is in the public interest to do so, the Minister may by order exempt any public authority from all or any of the provisions of this Act for such a period as may be specified in the order.

Section 87 of the Labour Act 2004

Contracts made abroad

(1) Subject to this section, nothing in this Act shall prevent any employer, worker or other person to whom this Act applies from enforcing his rights or remedies in respect of any breach or non-performance of any lawful contract made outside Nigeria, and the rights of the parties under such a contract (both against each other and against third parties invading those rights) may be enforced in the same manner as other rights arising outside Nigeria may be enforced and as if this Act had not been made.

(2) Whenever a contract made outside Nigeria has been executed in conformity with this Act, it shall be enforced in the same manner as a contract entered into under this Act.

(3) A written contract made outside Nigeria which has been executed otherwise than in conformity with this Act shall not be enforced against a worker to whom this Act applies if he is unable to read and understand the language in which the contract is written.

(4) For the purposes of this section, a contract shall be deemed to be executed in conformity with this Act if it is signed by the names or marks of the parties and bears an attestation to the effect that the contract was read over and explained to the parties in the presence of the person attesting and was entered into by the parties voluntarily and with full understanding of its meaning and effect.

(5) The attestation referred to in subsection (4) of this section may be made by any Nigerian official entitled to act under section 12 of the Oaths Act or by any judicial or other authority authorized by the law of the place where the contract was made to exercise the functions of a notary public or equivalent functions.

Section 88 of the Labour Act 2004

Regulations

(1) The Minister may make regulations-
(a) providing for the payment of compensation by employers to workers or domestic servants for injury arising out of and in the course of their employment in cases not
coming within the provisions of any other enactment, and for the recovery of the compensation in question;
(b) requiring employers to report any accident involving the death of or injury to a worker or domestic servant, in cases not coming within the provisions of any other enactment;

(c) prescribing the conditions under which carriers may be employed and the limitation of loads to be carried by them;
(d) imposing upon persons who have accepted the services of any worker or domestic servant without paying wages therefore the obligation to provide for the maintenance of the worker or domestic servant during sickness or in old age;
(e) prescribing anything which is to be prescribed under this Act and is not otherwise provided for;
(f) prescribing fees to be paid for any matter or thing to be done under this Act; and
(g) containing such procedural or ancillary provisions as he considers necessary or convenient to facilitate the operation of this Act.

(2) Regulations made under subsection (1) of this section may specify for an offence under the regulations a fine not exceeding N500 or imprisonment for a period not exceeding one year, or both.

Section 89 of the Labour Act 2004

Savings and exemptions.

(1) Nothing in this Act shall-
(a) operate to relieve any employer or worker of any duty or liability imposed upon him by any other enactment or to limit any power given to any public officer by any such enactment; or
(b) prevent any employer, worker or other person to whom this Act applies from being proceeded against according to law for any offence punishable under any law in force in Nigeria, so however that no person shall be punished twice for the same offence.

(2) Nothing in this Act shall apply to serving members of the Armed Forces of the Federation or the Nigeria Police Force.

(3) The Minister with the prior approval of the National Council of Ministers may by order exempt (subject to such conditions, if any, as he sees fit to impose) any class or classes of workers from the application of this Act or any specified provision thereof.

Section 90 of the Labour Act 2004

Repeal, and transitional and saving provisions

(1) The Labour Code Act is hereby repealed.
(2) The transitional and saving provisions in the Schedule to this Act (including any provisions made under paragraph 5 of that Schedule) shall have effect notwithstanding subsection (I) of this section or any other provision of this Act.

Section 91 of the Labour Act 2004

Interpretation

(1) In this Act, unless the context otherwise requires-
“administrative officer” means a divisional officer, a district officer or any officer exercising corresponding functions;
“agricultural undertaking” means any undertaking in which a worker is employed under a contract of employment for the purpose of agriculture, fisheries, horticulture, silviculture, the tending of domestic animals and poultry or the collection of the produce of any plants or trees, but does not include any such undertaking in which only members of the same family are employed;
“authorized labour officer” means an authorized labour officer authorized under section 77 of this Act;
“citizen” means citizen of Nigeria;
“chief or other indigenous authority” includes any chief or indigenous authority whose authority is customary or traditional;
“child” means a young person under the age of twelve years;
“collective agreement” means an agreement in writing regarding working conditions and terms of employment concluded between-

(a) an organization of workers or an organization representing workers (or association of such organizations) of the one part; and

(b) an organization of employers or an organization representing employers (or an association of such organizations) of the other part;
“collective bargaining” means the process of arriving or attempting to arrive at a collective agreement;
“contract” means contract of employment, and includes a contract of apprenticeship;
“contract of employment” means any agreement, whether oral or written, express or implied, whereby one person agrees to employ another as a worker and that other person agrees to serve the employer as a worker;
“domestic servant” means any house, stable or garden servant employed in or in connection with the domestic services of any private dwelling house, and includes servant employed as the driver of a privately owned or privately used motor car;

“employer” means any person who has entered into a contract of employment to employ any other person as a worker either for himself or for the service of any other person, and includes the agent, manager or factor of that first-mentioned person and the personal representatives of a deceased employer;
“employer’s permit” means an employer’s permit granted under section 24 of this Act;
“family” has the same meaning as in the First Schedule to the Workmen’s Compensation Act;

“foreign contract” means a contract for the employment of a citizen outside Nigeria;
“function” includes power and duty;
“guardian” includes any person to whose care a young person has been committed (even temporarily) by a person having authority over the young person, and any person lawfully having charge of a young person who has no parents or whose parents are unknown;

“industrial undertaking” includes-
(a) mines, quarries and other works for the extraction of minerals from the earth;
(b) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished or in which materials are transformed, including shipbuilding and the generation and transformation of electricity or motive power of any kind;
(c) the construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, dock, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, telegraph or telephonic installation, electrical undertaking, gasworks, waterworks, or other works of construction, as well as the preparation for or the laying of the foundation of any such work or structure; and

(d) transport of passengers or goods by road, rail, air, sea or inland waterways, including the handling of goods at docks, quays, wharves, warehouses and airports, and including the carrying of coal or other materials by hand to or from lighters or ships,

but does not include any commercial or agricultural undertaking, any undertaking in which only members of the same family are employed or any customary occupation of a kind normally carried on at home;
“industrial worker” includes any artificer, journeyman, handicraftsman, canoeman, carrier, messenger, clerk, shop assistant, storekeeper, labourer, agricultural labourer, hotel or catering worker or apprentice and any person or class of persons gainfully employed or normally seeking a livelihood by gainful employment declared to be such by the Minister by order; “industry” includes trade;

“labour health area” means a labour health area declared under section 66 of this Act;
“Local Government” means a Local Government authority, the local authority of a township or any council or other authority (however styled) exercising statutory or customary powers of local administration in a State;
“mine” includes any place, excavation or working whereon, wherein or whereby any operation in connection with mining is carried on;
“Minister” means the Federal Minister for Employment, Labour and Productivity;

“public authority” means-
(a) the Federal Government; or
(b) a State Government; or
(c) a local government authority; or

(d) a statutory corporation, that is to say, a body corporate directly established by law in Nigeria, being a body which is expressly bound by law to comply with directions given by a Minister or by a corresponding authority; or

(e) a government-controlled company, that is to say, a limited liability company incorporated in Nigeria in which the Federal Government or a State Government has a controlling interest;
“public department” means a ministry or department of a public authority;
“public officer” means any person employed by a public authority;
“recruiter” means the holder of a recruiter’s licence; “recruiter’s licence” means a recruiter’s licence granted under section 25 of this Act;

“recruiting” includes all operations undertaken with the object of obtaining or supplying the labour of persons who do not spontaneously offer their services at the place of employment, at a public emigration or employment office or at an office conducted by an employer’s association and supervised by the Minister;
“State” means a State of the Federation;
“State Authority” means the Governor or Administrator of a State;
“wages” means remuneration or earnings (however designated or calculated) capable of being expressed in terms of money and fixed by mutual agreement or by law which are payable by virtue of a contract by an employer to a worker for work done or to be done or for services rendered or to be rendered;
“woman” means any member of the female sex whatever her age or status;

“worker” means any person who has entered into or works under a contract with an employer, whether the contract is for manual labour or clerical work or is expressed or implied or oral or written, and whether it is a contract of service or a contract personally to execute any work or labour, but does not include-
(a) any person employed otherwise than for the purposes of the employer’s business, or
(b) persons exercising administrative, executive, technical or professional functions as public officers or otherwise, or
(c) members of the employer’s family, or

(d) representatives, agents and commercial travellers in so far as their work is carried on outside the permanent workplace of the employer’s establishment; or
(e) any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or
(f) any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply;
“young person” means a person under the age of eighteen years.

(2) In this Act, unless the context otherwise requires, a reference to a numbered Part or section is a reference to the Part or section so numbered in this Act.

Section 92 of the Labour Act 2004

Short title

This Act may be cited as the Labour Act.

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