TRADE UNION LAWS It will not be proper if the definition of trade union and its laws are not briefly contained in this text. The laws relating to trade unions and its regulations in Nigeria have their origin in the English law of 1871. The first trade union legislation in Nigeria was enacted in 1938 and the foundation of these laws falls into three categories. First, the Nigeria Legislation, second, Received English Law and thirdly, Nigeria Case Law, the most important statue on trade unions law, which is of general application in Nigeria, is the trade union decree which came into force in 1973. FORMATION OF TRADE UNION For a trade union of workers or employers to enjoy recognition by law as a legal entity and by government has to seek registration with the FEDERAL MINISTRY OF EMPLOYMENT LABOUR AND PRODUCTIVITY. Trade union membership in Nigeria is voluntary and has a tripartite group affiliations e.g. first, the workplace union, formed at the place of employment. That is to say the employees of corporate organization agree to come together and form a workers union or employers association at their place of work. Second they agree to affiliate their workplace union/association to a secondary federated union/association of same skill or industry, all to the knowledge of their employers. All secondary unions are affiliates to any of the two central unions, e.g. the Nigerian Labour Congress [NLC] and the Trade Union Congress [TUC] for now. The law made it mandatory that no person comes from the blues to become a member of trade union of workers or official without being gainfully employed as a worker of a company or corporation and must be a wage earner. DEFINATION OF TRADE UNION Trade union is defined as any combination of workers or employers whether temporary or permanent, purpose which is TO REGULATE THE TERMS AND CONDITIONS OF EMPLOYMENT OF WORKERS. The combination in question would or would not be unlawful combination by reason of its purpose being in restraint of trade and whether its purposes do or do not include the provisions of benefit for its members. The definitions have only two important criteria for determining a trade union:- 1. The combination must be of workers or employers 2. It must have clear and proper purpose of regulating the terms and conditions of employment of workers. WORKERS: - As specific by the labour act, it means any combination of workers, that is to say any public officer or any individual (other than a public officer) who has entered into work under a contract with an employer, whether the contract is manual labour or clerical work or otherwise verbal or indirect, spoken or in writing and whether it is a contract of service or apprenticeship’’ This then clearly shows that an individual private person or self-employed person, not being a staff of any company, cannot come from the blues to be a member nor official of industrial trade union of workers. Yet it has been stated earlier that here in Nigeria thugs and hooligans can graduate to trade union officials, most time protected by NLC.
Posted on: Sun, 07 Jul 2013 08:49:23 +0000
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