Senate moves to review discriminatory labour law

A bill to review the existing Labour Act to guarantee severe sanctions for child labour and discrimination against women. Passed second reading on the floor of the Senate on Tuesday.

The bill, Labour Act amendment bill 2020 was sponsored by Senator representing Imo East senatorial district,
Ezenwa Onyewuchi.

Presenting his lead debate, Senator Onyewuchi, said the bill “seeks to amend the present fines for these offences in the Labour Act which are now obsolete and bring them in line with modern realities.”

He declared that the amendment bill seeks the upward review of fines in the Labour Act for several offences. The present fines for offences in the Nigerian Labour Act are obsolete in context and content.

“The sanction, penalty and interest payable under the Act are ridiculously low and do not reflect current economic realities.

“These current provisions cannot provide the needed protection for workers in the labour market.

“There is, therefore, a need to review these penalties/fines upwards in order to achieve fair and harmonious employee relations.”

Checks revealed that Section 21 proposed a fine of N500,000 and N1,000,000 from the present fine of N800 and N500 for first and second offences relating to “Breach of terms and conditions of employment”, as it relates to the wage-hour, nature of employment, leave, contracts of employment, among others.

The amendment bill in Section 46 also proposed a new fine in the sum of N500,000 as against N500 for neglect or ill-treatment of workers by employers, N500,000 and N1,000,000 for recruitment of employees without an employee’s permit or recruiters license in the new Section 47, as against the present Fine of N200 for the first offence and N2000 for the second or subsequent offences.

On the other hand, Section 53 in the amendment bill sought an increase in fine from N500 for the first offence and N200 for second or subsequent offences to N300,000 and N200,000 for inducement of apprentice to leave service of employment.

In another upward review of penalties, Section 58 proposed the sum of N200,000 and N100,000 for Denial of maternity protection and employment of women in underground work or mines, in contrast with the Present Fine of N200 for the first offence and N100 for second or subsequent offences.

In a move to prohibit Child Labour in the country, Section 64 was reviewed by proposing a stiffer fine of N200,000 as against the present N100 for the employment of young persons in unreasonable circumstances e.g industries.

The piece of legislation was amended in Sections 67 and 68 by proposing a fine of N250,000 as against N1,500 for breach of regulations of the Minister as they relate to Labour health areas and registration of employers.

In addition, the amendment bill in Section 72 reviewed the fines for offences committed by persons with intent to deceive in the employment of labour from N1000 for the first offence and N500 for second or subsequent offences to N300,000 and N200,000, respectively.

The bill proposed stiffer penalties to Section 73 to address forced labour by reviewing upward the present fine of N1000 for first offence and N200 for second or subsequent offences to N300,000 and N200,000.

The Labour Act amendment bill in Section 75 and 76 on contravention of records of wages and conditions of employment, returns and statistics of employees was amended to propose a N300,000 fine as against the present N200.

Whereas, in Sections 85 and 88 of the Principal Act (costs in court and fines for regulations made by the minister), the present fine of N50 for the first offence and N500 for second or subsequent offences, was reviewed to N50,000 and N500,000 respectively.

Contributing to the debate, Senator representing Plateau North, Istifanus Gyang said that “actions and policies of employers that negate the rights of workers and constitute ill-treatment can no longer be condoned.”

The lawmaker, therefore, supported the fines against the offences, adding, “let’s impose severe sanctions that will serve as a deterrent against such practices.”

According to him, some of the ill-treatment of workers were mostly linked to denial of maternity protection and employment of women, employment of young persons in unreasonable circumstances, as well as forced Labour of young persons.

Former Imo state governor and senator representing Imo West, Rochas Okorocha while lending his voice in support of the bill said the piece of legislation “seeks to dignify Labour and to remind us that Labourers and workers are not beggars.”

“It is unfortunate today, that because of the high rate of unemployment, our sons and daughters are moving from different places, even in the National Assembly here, looking for white-collar jobs which are not even forthcoming, and they look for these jobs under any condition, whatever they can do to get it.

“This is what we might call Labour abuse law to really inform employers on the need to treat their workers with dignity and with a sense of humanity.”

In his contribution, Senator representing Niger North, Aliyu Abdullahi said the amendment to the Labour Act factored three areas of concern: discrimination against women, child labour and modern slavery.

“Of particular interest to me is that there are three Sections of this amendment that speak three very important Labour issues. The issue of discrimination against women in job schedule, for which Section 58 seeks to amend; and the issue of child Labour which Section 64 seeks to amend; and the issue of modern slavery in Section 73,” the lawmaker said.

The bill after scaling the second reading was referred by the Senate President, Ahmad Lawan, to the Committee on Employment, Labour and Productivity for further legislative work.

The Committee led by Senator Abdullahi Kabir Barkiya is expected to report back to the Senate within four (4) weeks.

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