尼日利亞勞動力市場
OVERVIEW OF THE NIGERIAN LABOUR MARKET
The Nigerian labour market is very flexible with skilled, low labor cost level, highly motivated and productive workforce. Nigerian employees distinguish themselves by being highly educated and efficient. 因此, ‘self-managing teams’ are very common within Nigerian business and industry: a typical team does all its own planning to achieve targets, with minimal intervention from management. Nigerian employees are also known for being healthily self-critical, with a willingness to learn and a commitment to making improvements – in both production and performance.
Nigeria also has a strong tradition of collaboration between universities and private-sector companies, which co-operate on research that often culminates in innovative, prize-winning products.
Download the main document on the Nigerian labour market 呢度..
KEY FEATURES OF NIGERIAN LABOUR MARKET:
- Highly skilled
- Very flexible
- Low labor cost level
- Highly motivated and productive workforce
NATIONAL MINIMUM WAGE
Due to inflationary factors, further wage increases have been recommended, and minimum wages are about 18,000 naira, about 50 United States dollars per month. An employer, defined as someone employing 50 or more persons, is required to pay the minimum wage, defined as the total emolument payable to a worker.
僱傭合同最低要求
Rights are usually determined by the terms in the contract of employment. When a hire is made, 尼日利亞勞動法要求僱主提供一份僱傭合同，規定以下內容:
- 就業開始後三個月內的僱傭條款和條件;
- 僱主名稱;
- 僱用工人嘅事業;
- 名字, 地址, 同工人嘅僱用日期;
- 就業性質;
- 到期日期（如果合同係固定期限嘅）;
- 終止通知期限，注意部分 11 尼日利亞勞動法;
- 工資率, 計算方法, 同支付頻率;
- 與工時有關的條款和條件, 假期, 無能 (包括病假人工嘅任何規定), 以及合同中嘅任何特殊條件.
僱主可以使用提供合同前嘅前三個月作為試用期, 如果合同中有詳細說明, 此後嘅時間. 關於固定期限合同, 合同必須採用書面形式, 但除此之外, 固定期限嘅僱傭合同冇法定限制或限制.
在某些情況下, 僱主可能希望使用獨立承包商而唔係僱用僱員. 尼日利亞打理獨立承包商嘅規則與美國相似. 例如, 獨立承辦商嘅僱主身份同侵權行為嘅轉承責任取決於僱主對獨立承辦商嘅控制程度.
工作時間
正常工作時間由雙方協議肯定, 或透過集體談判, 或由冇集體談判機制嘅工業工資委員會.
休息時間, 病假和假期
如果工人喺工作嘅時間超過 6 每日數小時, 他/她必須至少給予 1 當天嘅休息時間. 進一步, 在每個時期 7 日, 工人至少有權獲得 1 休息日不得少於 24 連續小時數.
每個工人都有權 12 由註冊醫生證明的臨時病假天數.
之後嘅位位員工 12 連續服務月數有權享受至少全薪假期 6 工作日或未滿十六歲嘅人 (16) 年。 (包括學徒), 至少十二個 (12) 工作日 (唔包括所有公共假期). 之後享受假期嘅權利嘅例外情況 12 連續一個月嘅服務係，根據僱員和僱主之間嘅協議，該假期可以推遲到以後嘅日期，前提係假期收入期不得超過 24 連續服務數月.
所有女性員工都有權承擔 12 weeks of maternity leave with full pay. Of this period, six weeks must be taken after the birth. Women may start their leave at any time from six weeks before the expected date of birth, on producing a medical certificate issued by a registered medical practitioner stating that confinement will probably take place within six weeks. Nigerian Labour Act does not recognize paternity leave and makes no such provisions
DISCRIMINATION PROTECTION
There is no legislation that specifically regulates equal opportunities and discrimination in employment in the Nigerian labour market. The Constitution contains a general prohibition of discrimination on the grounds of: ethnic group; place of origin; community; sex; religion; political opinion; and circumstances of birth.
SAFETY AND WELFARE OF EMPLOYEES
The Factories Act places an obligation upon employers/owners or occupiers of a factory to ensure the health, safety and welfare of employees within the factory. 因此, it is the duty of the employer to ensure that the provisions of the Factories Act relating to cleanliness, overcrowding, ventilation, lighting, drainage and sanitary conveniences are complied with.
Furthermore, the Act makes it the duty of the employer to provide a safe means of access and safe place of employment, sections 47 和 48 of the Act also make it mandatory for factory workers to be provided with protective clothing and appliances, where they are employed in any process involving excessive exposure to wet or to injurious or offensive substance. Similarly, where necessary, suitable gloves, footwear, goggles and head coverings should also be provided and maintained for use by the workers.
EXPATRIATE WORKERS:
Employers looking to hire foreign nationals into the Nigerian labour market must apply for an “expatriate quota”. The quota allows a company to employ foreign nationals in specifically approved job designations as well as specifying the validity period of the designations provided on the quota.
There are two types of visas which may be granted to expats, depending on the length of stay. For short-term assignments, an employer must apply for and receive a temporary work permit, allowing the employee to carry out some specific tasks. The temporary work permit is a single-entry visa, and expires after three months. There are no numerical limitations on short-term visas, and foreign nationals who meet the conditions for grant of a visa may apply for as many short-term visas as required.
For long-term assignments, the employer should apply for a “subject-to-regularization” visa (可疑交易報告（可疑交易報告）). To apply for an STR, an employer must apply for and obtain an expatriate quota. The expatriate quota states positions in the company that will be occupied by expatriate staff. Upon arrival in Nigeria, the employee will need to validate his or her visa by applying for a work and residence permit.
Spouses of authorized workers may also work in Nigeria, provided they obtain a work and residence permit as well. Nigeria does not employ a labor market test, although the Nigerian Content Act does state that employers should exercise a preference for local employees.
REDUNDANCY
The Nigerian Labour Act defines redundancy as an involuntary and permanent loss of employment caused by excess manpower. The law in Nigeria recognizes the right of the employer to terminate the contract of employment of an employee on ground of redundancy. The Labour Act specifically provides that in the event of redundancy:
- The employer is to inform the trade union or workers’ representative concerned.
- The principle of “last in, first out” shall be adopted in the discharge of the particular category of workers affected, subject to all factors of relative merit, including skill, ability and reliability.
- The employer is to use his best endeavours to negotiate redundancy payments to any discharged workers who are not protected under the Labour Act.
The purchaser of the business may decide to enter into consultation in order to enjoy a smooth transfer of the business. The time frame for the process would depend on the nature of the business to be transferred. Also, an employee’s position prior to and post-transfer is a matter of contract between the employees and the transferor employer.
僱主沒有法定義務在業務轉讓之前通知和/或諮詢僱員或其代表，除非集體協議中有明確規定.
防止解僱
尼日利亞勞動力市場嘅立法好少或根本冇為勞動力提供保護. This position has been further adumbrated by Nigerian courts in decided cases where it is clearly stated that the employer could bring the appointment of his employee to an end for any reason or no reason at all. As stated in other decided cases, 尼日利亞法院嘅政策通常唔係將僕人強加畀唔情願主人.
終止僱傭關係
《尼日利亞勞動法》規定咗以下終止僱傭合同嘅最短通知期:
- 僱員受僱時間 3 月或更短時間, 任何一方均可喺至少1日通知嘅情況下終止合同
- 僱員受僱時間 3 月但少於 2 年。, 任何一方均可喺至少1周通知嘅情況下終止合同.
- 僱員受僱時間 2 年但小於 5 年。, 任何一方均可喺至少2周通知嘅情況下終止合同.
- 僱員受僱時間 5 年或更長時間, 任何一方均可喺至少1個月通知嘅情況下終止合同.
發出終止僱傭合同嘅通知時，如果通知係 1 一周或更長時間, 通知必須採用書面形式.