Every employee in Nigeria whether working in a bank, school, factory, tech company or small business has certain legal rights that employers must respect. Unfortunately, many workers do not know these rights, and this ignorance leaves them vulnerable to unfair treatment, exploitation, or wrongful termination.
This blog breaks down, in clear terms, the fundamental employee rights under Nigerian law, including the Labour Act, Constitution, Pension Reform Act, Trade Union Act, Employee Compensation Act, and relevant case law.
Whether you are an employer, employee, HR manager, or business owner, this article will help you understand what the law truly says.
What are the rights of an employee? Belove are some of the rights as enshrined in the law.
- Right to an Employment Contract
Every employee is entitled to a written contract of employment within 3 months of starting work.
The contract must contain:
- Job role and duties
- Salary/wages and payment intervals
- Work hours
- Leave entitlements
- Notice period for termination
- Conditions for promotion or discipline
A written contract protects you from sudden changes in salary, duties, or unfair termination. Section 7 of the Labour Act.
- Right to Fair Wages and Timely Payment
Employees have a right to receive full agreed salary, be paid on time and not have unlawful deductions made from their wages
Deductions are only allowed for Taxes, Pension, Employee-requested deductions, Court orders and Damages caused by an employee. The employer must follow proper procedure to deduct such monies. Sections 1 & 5 Labour Act.
- Right to Safe and Healthy Working Conditions
Employers are legally required to provide a safe work environment, proper training, safety equipment like; helmets, gloves, boots, fire extinguishers, etc. and First aid facilities.
If an employee is injured at work, he/she is entitled to compensation. Compensation is paid whether the employee was negligent or not. This right is covered under the Employee Compensation Act (2010)
- Right to Leave
- Annual Leave: Employees are entitled to at least 6 days after 12 months of continuous service or 12 days for workers under 16 years and the Leave must be with full pay. See section 18 (1) Labour Act.
- Sick Leave: Employees are entitled to Up to 12 days sick leave with at least 50% pay (depending on contract terms)
- Maternity Leave: Female employees are entitled to 12 weeks maternity leave (6 weeks before + 6 weeks after birth) and At least 50% pay. The employee have the Right to return to work and Nursing breaks during work hours. This is provided for in Section 54 of Labour Act.
- Public Holidays Employees must be given all declared public holidays with full pay.
Note: Some states (e.g., Lagos) recognize paternity leave, though not yet in the federal Labour Act.
- Right to Freedom from Discrimination
The 1999 Constitution as amended (Section 42) protects employees from discrimination based on gender, ethnic group, religion, political affiliation, disability, origin. Workplace policies must apply equally to everyone.
- Right to Privacy and Human Dignity
Employers may not threaten, harass, or abuse employees nor conduct unlawful searches or invade personal data without consent. 1999 Constitution as amended, Section 37 & 34.
- Right to Join Trade Unions
Employees have the right to form or join unions and participate in union activities or go on strike (conditions apply) (Trade Union Act). Employers cannot punish or dismiss an employee for joining a union.
- Right to Pension and Social Security
Under the Pension Reform Act (2014), employers must:
- Enroll employees in a retirement savings account (RSA)
- Deduct and remit pension contributions monthly
- Make the mandatory employer contribution (usually 10%)
Note: Failure to do this attracts penalties.
- Right to a Notice Before Termination
Except in cases of serious misconduct, an employee must receive notice or salary in lieu of notice. Minimum notice periods are provided for in section 11 (1) & (2) of Labour Act. Employees also have the right to resign with the same notice period.
- Right Against Wrongful Termination
An employer cannot fire an employee because she got pregnant or terminate an appointment without following the employment contract. In the case of Uzondu v. UBN Plc, the court held that employers must follow disciplinary procedures in the contract and handbook.
An employee shall not be fired for joining a Union. The employee must be given a fair hearing in case of misconduct. In the case of Olarewaju v. Afribank (2001) 13 NWLR (Pt. 731), the court held that an employee must be given opportunity to defend themselves before dismissal for misconduct.
- Right to Fair Hearing in Disciplinary Matters
Before suspension or dismissal, the employee must know the allegation, he or she should be allowed to respond. The employer should have the employee’s defense considered. This right is protected under Labour Act and Section 36 of the 1999 Constitution as amended
- Right to Certificates, Records & Access to Employment Information
Employees have the right to request employment records, to obtain letters of service and access to payroll and tax information. See Section 7 & 91 of Labour Act.
- Right to Compensation for Workplace Injury or Death
Under the Employee Compensation Act, an employee or their family is entitled to compensation for workplace injuries or occupational diseases or disability or death that came as a result of injury in the work place. The payment is handled by the Nigeria Social Insurance Trust Fund (NSITF).
- Right to Refuse Unsafe Work
An employee can refuse to work if the environment or equipment is dangerous and the employer refuses to fix it.
Many workers complain about the violation of most or all of these rights in the work place. These issues can be legally challenged. As an employee, you can take these practical steps if any of your rights is being violated;
- Document everything: emails, chats, pay-slips. This will be your evidence if you eventually go to court.
- Report internally: report every act of violation and harassment to your superior or management either the Human Resources manager (HR) or the admin depending on the hierarchy of position in the office.
- File a complaint: after reporting to your superior and nothing is done to mitigate the violation, you will file a complaint at the Ministry of Labour.
- Seek legal advice: if after the above steps have been taken and no action was taken by the management, you can seek for legal advice from a labour lawyer. Your lawyer will advise accordingly.
- Approach the National Industrial Court (NICN): The court is the final arbiter, if your case is unresolved. You can seek redress from the National Industrial Court in the State where your office is situated.
In conclusion, Employee rights in Nigeria are well protected under the law, but many people simply do not know what they are entitled to. Most employee does not know their rights but ignorant of the law is not an excuse. Get to know what your rights are as an employee.
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Email: info@verazadvocates.com.ng
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