17/02/2026
*🔹 KNOW THE LAW – WEEK 28*
*EMPLOYMENT RIGHTS: WHAT EVERY WORKER IN NIGERIA MUST KNOW*
Employment is not merely a source of income — it is a legal relationship governed by enforceable rights and obligations. Whether you are a cleaner, artisan, driver, civil servant, or company executive, Nigerian law protects your dignity, wages, and fair treatment at work.
*1️⃣ EMPLOYMENT CREATES BINDING LEGAL OBLIGATIONS*
The moment a person accepts employment, a *legally binding contract* arises — whether written or oral.
Under the Labour Act, employment creates *mutual duties*:
• The employee must perform assigned duties faithfully and obey lawful instructions.
• The employer must pay agreed wages and provide fair working conditions.
The law recognises that workers are often the more vulnerable party and therefore provides *safeguards against exploitation and abuse*.
*2️⃣ RIGHT TO WRITTEN TERMS & PROTECTION FROM UNFAIR TREATMENT*
*Section 7 of the Labour Act* requires employers to provide *written terms of employment* within three (3) months of engagement.
These terms should clearly state:
• Job description
• Salary and payment structure
• Working hours
• Leave entitlement
• Notice period
An employer *cannot unilaterally change* fundamental terms without the employee’s consent.
Beyond the Labour Act, *Section 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees freedom from discrimination*. No Nigerian citizen shall be discriminated against on the basis of ethnic group, place of origin, s*x, religion, or political opinion.
Discrimination in employment — particularly in recruitment, promotion, discipline, or termination — on any of these grounds is *unlawful*.
Every worker is entitled to:
• A safe working environment
• Reasonable hours of work
• Proper periods of rest and annual leave
Fair treatment is not a favour — it is a legal and constitutional right.
*3️⃣ RIGHT TO WAGES, PENSION & LAWFUL BENEFITS*
*Wages must be paid* as agreed and when due. *Unauthorized deductions are unlawful* unless permitted by law or expressly agreed in writing.
Under the *Pension Reform Act 2014*, employers in the formal sector must make pension contributions on behalf of employees.
Employees may also be entitled to:
• Annual leave with pay
• Sick leave
• Leave allowances
• Other contractual benefits
Non-payment of wages or denial of benefits can be reported to the Ministry of Labour or enforced through legal action before the *National Industrial Court of Nigeria*.
*4️⃣ TERMINATION, DISMISSAL & DUE PROCESS*
While an employer may terminate employment, it must be done strictly *in accordance with the contract*.
Termination generally requires:
• *Proper notice*; or
• *Payment in lieu of notice*
Dismissal for misconduct must be based on genuine reasons and must comply with the *principles of fair hearing*. An employee accused of wrongdoing must be given an opportunity to respond before disciplinary action is taken.
Where termination is found to be *unlawful*, the Court may award damages or, in appropriate cases, order *reinstatement*.
*5️⃣ RIGHT TO UNION MEMBERSHIP & COLLECTIVE PROTECTION*
Under the *Trade Unions Act*, workers have the right to:
• *Join trade unions*
• *Participate in collective bargaining*
• Seek redress for workplace injustice
Peaceful protest against unfair labour practices is *legally protected*, provided it complies with applicable laws.
*⚖ REALITY TIP*
Many Nigerians lose employment without compensation because no written contract exists.
In employment matters, *Documentation is protection.*
Before accepting a job:
• Demand written terms.
• Keep copies of all employment documents.
• Understand your rights before disputes arise.
*The law can only defend what can be proven.*
*From the Legal Desk*
*NACOMYO, Lagos State Chapter*
*Sideeq Rabiu, Esq., Legal Adviser*
