NAME: ADEMILUYI BOLUWATIFE STEPHEN

MATRIC NUMBER: 17/66RP013

DEPARTMENT: INDUSTRIAL RELATIONS AND PERSONNEL

COURSE CODE: IRP 308 – LABOUR LAW

LECTURER IN CHARGE: MR L.A JIMOH

ASSIGNMENT:
Kindly summarize the following enactments.
1. Trade Union Ordinance of 1938
2. Trade Union (Amendment) Ordinance Caps 200 Of 1958
3. Trade Union (Amendment) Act of 1976-1978
4. Trade Union Act, Cap. 437, LFN, 1990
5. Trade Union (Amendment) Decree No. 4 Of 1996

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 1. Trade Union Ordinance of 1938

Section 1 (1) of this act defines a trade union as: Any combination of workers or

employers, whether temporary or permanent, the purpose of which is to regulate the

terms and condition of employment of workers, whether the combination in question

would or would not, apart from this Act, be a lawful combination by reason of any of

its purposes being in restraint of trade, and whether its purpose does or does not

include provision of benefits for its members. From the foregoing definition, two

criteria must exist for the purpose of determining whether an association, for

purposes of registration, qualifies to be treated as a trade union.

These are:

1. The association must comprise workers or employers

2. The main or principal purpose of the association must be to regulate the terms and

conditions of workers. Association of workers from the above definition only an

association of workers or employers is registrable as a trade union.

By the provision of Section 52 of the Trade Unions Act, a worker means: Any

employee, that is to say any member of the public service of the federation or of a

state or any individual (other than a member of any such public service) who has

entered into or works under a contract with an employee, whether the contract is for

manual labour, clerical work or otherwise, expressed or implied, oral or in writing

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and whether it is a contract personally to execute any work or labour or a contract of

apprenticeship. The general principle of law in this regard is that whatever other

lawful purposes a trade union allows itself under its rules, books or constitution, its

principal or overriding purpose must be the regulation of terms and conditions of

employment of workers. In line with the general law and by the provisions of section

7(1) (d) of the Trade Union Act, where the principal purpose for which a trade union

is being carried on has ceased to be that of regulating the terms and conditions of the

employment of worker, the registrar of trade unions is empowered to carry out an

inspection on the valid registration of such a union.

The courts, in order to determine what the principal purpose of an association is,

must peruse the rule book or constitution of the association in its totality, especially

its objects or purposes clauses. It is also important to point out that the regulation of

terms and conditions of employment of workers may be affected by a trade union

through:

a) Collective bargaining b) Industrial actions.

Formation, Registration and Legal Status of Trade Unions A trade union cannot take

any step for the purpose of which it has been formed unless it has been registered.

Although the Trade Union Act does not expressly vest corporate personality on a

trade union, the question, nonetheless, is whether a trade union is, by indication a

legal entity. One of the fundamental attributes of a legal entity is the ability to sue

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and be sued. The English House of Lords held in that: If the legislature has created a

thing which can own property, which can employ servants, and which can inflict

injury, it must be taken to have impliedly given the power to make it suitable in a

court of law for injuries purposely there by its authority and procurement. There has

not been any dissenting view or opinion in all cases involving trade unions both in

England and in Nigeria since the decision in the above cited case and this is

indicative of the fact that given the rights and statutory recognition of a registered

trade union, a refusal to call it a legal entity may be the result of a mere dislike of a

terminology.

The general rule is that a registered trade union has a statutory duty to deliver or send

a copy of its rule to any person on request and on paying of the prescribed fee.

However, it is an offence for any person, with the intent to mislead or defraud, to

supply or lend to any member or prospective member of a registered union a false

copy of it rules. The rules of a registered trade union constitute a contract between

the union and its members. The contract is exhaustive as to the purposes of the union

and the rights and obligations of its members. Therefore, it will be ultra vires the

union to do a thing not provided for in its rules, that is, by the terms of the contract.

The authority of a trade union to act on behalf of its members is derived from its rule

book. A trade union can exercise only those disciplinary measures over its members

that are stipulated in its rules. The following are the criteria required by the courts for

this purpose; 1. The rules should expressly grant to the Union the power to take the

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disciplinary measure in question. 2. The union must in taking disciplinary measures

comply with the rules of natural justice, and with such other procedure stipulated in

its rules. 3. Even where there is a power to discipline, the union can only impose the

specific section stipulated in the rules.

The common law principle in FOSS V. HARBOTTLE [1843] 2 at 461 states that

where a wrong is done to a company or where there is an irregularity in its internal

management which is capable of being ratified by a simple majority of the members,

the court will not interfere at the suit of a minority of the members to rectify the

wrong or to regularize the irregularity. This rule has given rise to two other rules

which regulate the institution of actions in respect of wrong done to a body corporate

and any other incorporated association. These rules are: 1. Actions in respect of

wrongs done to a company must be brought by the company and in its name 2. The

court will not interfere in respect of actions if the wrong done or the irregularity

complained of is within the powers of the majority to rectify. It does not apply where

the action is brought to restrain the union from an ultra vires act 2) Where the action

is to restrain the union from doing by a simple majority that which ought to be done

by a special majority the rule will be excluded 3) Where the action is to prevent a

fraud on the minority 4) Where the action is brought to restrain the invasion or

violations of membership rights

Union Membership and the Doctrine of Closed Shop The term “Closed Shop” is a

colloquialism for Union Management Agreements. This means collective agreement

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between trade unions and employers, whereby “employees come to realize that a

particular job is only to be obtained or retained if they become and remain members

of one of a specified number of trade unions.” In pre-entry closed shop, the

prospective employee must first join a particular union before he could be employed

while in post-entry closed shop, the employee must join the required union within a

short time after acquiring employment. If is however important to note that in any

trade or industry in which the close shop operates, the consequences of an employee

losing his union membership may be disastrous to his capacity to earn a living. The

concept of closed shop is an aspect of the English labour law, which was not

incorporated into Nigeria labour law.

Exhaustion of Internal Remedies Usually, the rules of the union may expressly

provide that a member cannot sue the union until he has exhausted all internal

remedies provided by the rules. This provision where available, requires an

aggrieved member to exhaust all domestic remedies before proceeding to the court.

There are four exceptions to this rule Where the member can show cause why the

court should interfere with the contractual relationship between him and his union.

The court will interfere where a member has been disciplined in breach of the rules

of natural justice. 2. Where non-intervention will result in the deprivation of some

special membership right, e.g. the right to union office. 3. Where the decision of the

union is ultra vires, in which case, there is no decision in law from which the member

would be obliged to appeal against. 4. Where there is no express provision regarding

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exhaustion the courts can readily or at all events, grant relief without prior recourse

to the domestic remedies but may require the plaintiff to resort first to those

remedies. Re-organisation of trade unions’ The basis of this unit is to expose you to

the operation of trade unions in Nigeria against the backdrop of Nigerian labour law.

Further study of the relevant provisions of the law as stated above will in no way

improve the knowledge of the student in respect of labour law matters.

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 2. Trade Union (Amendment) Ordinance Caps 200 Of 1958

Under this Act, compensation does not depend on the negligence of the employer but

on whether the injury or death was caused by an accident arising out of and in the

course of employment of the workman. In essence, the major consideration for the

determination of whether or not an employee is entitled to any compensation under

the Act is whether the course of his injury occurred or arose out of and in the course

of his employment.

For the purpose of entitlement to compensation under the Act, the workman (or his

dependant, in fatal accident cases) must prove, except where the Act otherwise

provides, that he has suffered personal injury by accident arising out of and in the

course of the employment. See section 3(3) (a) & (b) on meaning of out of and in the

course of employment. The general rule is that an employer is not liable to pay

compensation in respect of any injury which does not incapacitate the workman for a

period of at least three consecutive days from earning full wages at the work at

which he was engaged. Furthermore, no compensation is payable where the injury is

attributable to the serious and willful misconduct of the workman. Where however

an accident results in death or occasions a permanent incapacity of the workman, the

accident would be deemed to have arisen ‘out of and in the course of his

employment’, notwithstanding that the workman was at the time of the accident

acting in contravention; a) of any statutory or other regulation applicable to his

employment; or b) of any orders given by or on behalf of his employer, or c) that he

was acting without instructions from his employer, if such act was done by the

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workman for the purpose of and in connection with his employer’s trade or business.

The significant effect of the above instances is that misconduct of the workman

would not disentitle him from claiming compensation, so long as he misconducts

himself in the interest of his employer’s trade or business. The contrary would be the

case where death or incapacity was due to a deliberate self-injury. Similarly, no

compensation is payable in respect of death or incapacity resulting from personal

injury, if the workman has at any time knowingly misrepresented to his employer

that he was not suffering or had not previously suffered from that injury or similar

one.

The Act made provisions for four categories of compensation namely; (i)

Compensation in fatal accident cases There are the cases where death results from

the injury. Section 4 of the Act provides, inter alias that a sum equal to the deceased

workman’s forty –two month’s earning shall be paid to the dependants wholly

dependent on his earnings. (ii) Compensation in the case of total permanent

incapacity Incapacity is total and permanent where it completely disables the

workman for future employment. Section 5 provides that the amount of

compensation payable in such cases shall be fifty-four month’s earnings of the

workman. (iii) Compensation in the case of partial permanent incapacity This is an

incapacity which permanently reduces the workman’s preaccident earning capacity.

Section 7 provides, inter alia, that the workman shall be entitled to a percentage of

his 54 month’s earnings as specified in the second schedule to the Act, being the

percentage of the loss of earning capacity caused by that injury. (iv) Compensation

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in the case of temporary incapacity In the case of temporary incapacity, the workman

shall be paid as compensation his basic pay for the first six months of his incapacity.

Thereafter, if the incapacity continues, he shall be paid half of his basic pay for an

additional period of three months, and if the incapacity thereafter continues, he shall

be entitled to a quarter of his monthly salary for a succeeding period of fifteen

months. Any such sum paid under this head shall be deducted from any sums

eventually paid to the workman as compensation. The provision of sections 12(1)

and (3) of the Act are to the effect that compensation payable under the above

categories shall be paid to the court, and any sum so paid shall be paid to the person

entitled thereto or be invested or otherwise be dealt with for his benefit in such

manner as the court thinks fit. This is subject however, to the provision of section 19

of the Act, which provides that an employer is not entitled to end or diminish any

payment which he is bound to pay under the Act

Within the purview of labour law, compensation can be described as a monetary

payment made to an injured workman in respect of injury which he has sustained in

the course of employment. Such compensation may be as agreed by the employer

and the workman or as may be approved by the court. Section 16(1) of the Act

provides the situations and conditions by which the employer and the employee may

agree in writing as to the compensation to be paid by the employer. These include: 1.

That the compensation agreed upon shall not be less than the amount payable under

the provisions of the Act. 2. That where the workman is an illiterate, the agreement

shall not be binding against him unless: (a) It is endorsed by a certificate of an

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authorised labour officer to the effect that he read over and explained to the

workman the terms thereof (and that they were, in appropriate cases, interpreted to

him in a language which he understands); (b) That the workman appeared fully to

understand; and (c) Approved of the agreement. However, any agreement as to

compensation may be cancelled by the court on the application of any of the party to

it, if it is proved: (i) That the compensation agreed was not in accordance with the

provisions of the Act, or (ii) That the agreement was entered into under a mistake as

to the true nature of the injury, or (iii) That the agreement was obtained by fraud,

undue influence, misrepresentation or other improper means as would in law, be

sufficient ground for avoiding it

The general position of the law going by the provision of section 13 of the Act is

that no proceedings for the recovery of compensation under the act shall be

maintainable unless: a) notice of the accident has been given to the employer, by or

on behalf of the workman, b) the application for compensation with respect to that

accident has been made within six months from the occurrence of the accident

causing the injury or in the case of death, within six months from the time of the

death. The failure to give notice or to make an application within six months would

however not be a bar to any proceedings for compensation, if the failure to give

notice did not prejudice the employer in his defence or there were reasonable

grounds for not making an application within six months. Therefore, once an

employer is in receipt of the notice of accident, it is obligatory on him to arrange as

soon as reasonably possible to have the workman medically examined free of

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charge. The examination, under the law, is necessary in order to determine the

degree of incapacity suffered and, consequently the liability of the employer.

However, in fatal accident cases, the Act imposes an obligation on the dependants of

the deceased workman to give to his employer a medical certificate as to the cause of

death. In the event of any of the foregoing, an employee has twenty-one days from

the receipt of notice to reach an agreement, in writing with the injured workman as

to the amount payable as compensation. At the expiration of that period, the

workman may, in the prescribed manner, make an application for enforcing his claim

to compensation to the High Court having jurisdiction in the area in which the

accident giving rise to the claim occurred

Apart from the major provisions of Act relating to the compensation of an injured

employee while in the employment of the employer, the provisions of the old fatal

accidents laws of the various regions of the country are now harmonised into the

Workmen’s Compensation Act. By and large, it is hoped that you will now be better

informed of the intents and purposes of the Act, particularly in the area of

compensation payable, in case of death or injury.

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 3. Trade Union (Amendment) Act of 1976-1978

In 1976, the Federal Government established a commission of inquiry into the

activities of the various unions and appointed an administrator to administer the

unions and come up with a structure for the proper administration of the unions. This

became necessary as the Unions were polarized into ideological divide which was

creating problems in the country. Towards the end of 1977, these Unions were

restructured into 42 along industrial line. The government also insisted on the

formation of a labour centre as there were various multiple centers. In February

1978, the Nigeria Labour Congress was formed and inaugurated. The then 42

Industrial Unions became affiliates of the Nigeria Labour Congress with a legal

backing of Trade Union (Amendment) Decree 22 of 1978. Several reasons have been

given to explain the apparent late arrival of trade unionism in Nigeria.

 Limited wage employment: Since the largest proportions of the citizens are

engaged in the informal work sector, the few wage earners are colonial employers

and these are restricted to the colonial officers as well as related parastatals.

 Low level of economic activities which limited the recruitment into the formal

economy and hence membership of trade union.

 The repressive colonial labour policy also contributed to the late entry of effective

trade unionism in Nigeria. The colonial administration regarded trade unions as

destabilizing activities. Consequently, it took measures to discourage its employees

from membership of these groups.

 Low consciousness of the worker as to the need of unionism.

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 Absence of legal backing also impeded the early realization of Trade Union in

Nigeria. However, with time these obstacles were overcome and this paved the way

for the emergence of trade unionism in the country.

For instance, the emergence of small indigenous and large multi-national companies

broke the monopoly of public sector employment in the country. The influence of

neighboring countries like Sierra Leone and Ghana also helped to boost the tempo of

trade unionism in Nigeria. This factor for instance led to the enactment of Trade

Union Ordinance in 1938 which gave legal backing to trade unions in the country.

The Second World War also played important role in the growth of trade union in

Nigeria. The war brought untold hardship to the workers and the general public in

form of acute shortage of essential commodities, rise in prices, stagnant wage

structure . These problems pushed many workers into joining trade unions which was

seen as the only forum for improving their bad economic condition. Union agitation

during the period led to the introduction of Cost Of Living Allowance (COLA) as

well as the first general strike in the country in 1945 with the participation of about

42,000 workers . The war heightened the socio-political consciousness of the

workers. The Nigeria Labour Congress [NLC] was formally constituted as the only

national federation of trade unions in the country in 1978. The Act is named the

Trade Union (Amendment) Act 0f 1976 – 1978, as amended to further bring about

among other things, the democratization and liberation of Labour movement and

trade unionism in Nigeria and through the expansion of opportunities such as the

registration of Central Labour Organisations and the granting of freedom to

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employees to decide which unions they wish to join. The principal Act has fifty-

fourth (54) sections but only eight (8) sections were affected by the 2005

Amendment Act. Those affected are sections 12, 16a, 17, 24, 30, 33, 34 and 42. It is,

however, pertinent to mention here that the Trade Unions Amendment Act of 2005

does not replace the principal Act which is known as the Trade Union Act. The

affected areas included areas of voluntarism, payment of due, collective bargaining,

representation, ban on strike or lock-out, registration of more central labour

organizations and personal freedom (non-compelling Act). They are briefly

explained below:

1. Voluntarism: Section 2 of the new Act explains that membership of a trade union

by employees shall be voluntary and no employee shall be forced to join any trade

union or be victimised for refusing to join or remain a member.

2. Payment of Due: Section 4 of the new Act expresses that Trade Unions shall pay

to the appropriate registered federation of trade unions out of the contributions

received from their members, such sum as may, from time to time, be specified in the

constitution of the registered federation of trade union concerned.

3. Collective Bargain: Section 5 of the new act points out that for the purposes of

collective bargaining, all registered unions in the employment of an employer shall

constitute an electoral college to elect members who will represent them in

negotiations with the employer.

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4. On Representation: Section 5 states that for the representation of tripartite bodies

or any other body, the Federations of Trade Unions shall constitute an electoral

college taking into account the size of each registered federation.

5. Ban on Strike or Lockout: Section 6 expresses that no person, trade union or

employer shall take part in a strike or lockout or engage in any conduct in

contemplation or furtherance of a strike or lockout unless: (a) the person, trade union

or employer is not engaged in the provision of essential services. (b) the strike or

lockout concerns a labour dispute that constitutes a dispute of right. (c) the strike or

lockout concerns a dispute arising from a collective and fundamental breach of

contract of employment or collective agreement on the part of the employee, trade

union or employer. (d) the provisions for arbitration in the trade Disputes Act Cap

432 1990 have first been complied with, and (e) in the case of an employee or a trade

union a ballot has been conducted in accordance with the rules and constitution of the

trade union at which a simple majority of all registered members voted to go on

strike.

6. Registration of more central labour organisation: Section 8 of the (2005) points to

the following: A federation of trade unions may be registered by the Minister of

Labour and Productivity if:- (a) its main objective is to represent the interest of

employees; (b) it is made up of 12 or more trade unions none of which shall have

been a member of another registered federation of trade unions; (c) it has been

established by resolution of the national delegates conference of the trade; (d) it has

adopted a name that does not resemble the name of another federation of trade

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unions; (e) it has adopted a constitution and or rules in accordance with the first

schedule of this Act; (f) it has a head office in the Federal Republic of Nigeria; and

(g) it has submitted to the Minister of Labour and Productivity an application in the

prescribed form signed by at least two trade unions wishing to become its members.

Further, Section 8(2) states that, upon receipt of an application as required by

Subsection (1) of this section, the registrar shall within 90 days if satisfied that all

requirements with respect to the registration of the Trade Unions have been met,

register the federation concerned and evidence such registration with the issuance of

a certificate of registration. Personal Freedom/Non Compelling Act: Section 9

provides that: - (h) no person shall subject any other person to any kind of constraint

or restriction of his personal freedom in the course of persuasion. (i) No trade or

registered federation of Trade Unions or any member thereof shall in the course of

any strike action compel any person who is not a member of its union to join any

strike or in any manner whatsoever prevent aircrafts from flying or obstruct public

highways institutions or premises of any kind for the purpose of giving effect to the

strike. Section 24(2) says for the purpose of representation at tripartite bodies or any

other body, the registered Federation of Trade Unions shall constitute an electoral

college. At present, two such Federations exist. They are Nigeria Labour Congress

(NLC) and the Trade Union Congress (TUC). Section 6 of the Amendment Act

which amends Section 30(6), (7), (8) and (a) bans strike and lock-out unless. (a) the

union is not involved in the provision of essential services (b) the strike is a labour

dispute and (c) a ballot has been conducted and a single majority of all registered

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members voted to embark on that strike. The Act further stipulates a fine of

N10,000.00 (ten thousand naira) or six months imprisonment as penalty for breach of

this provision. Section 7 of the Amendment Act which amends Section 33 of the

Principal Act and which creates the Nigeria Labour Congress (NLC) as the only

central labour organisation has now been removed from the Act.

7. Section 8 of the Amendment Act that amends Section 34 provides for the

registration of a Federation of Trade Unions. The minimum number of Trade Unions

shall be 12 (twelve) and shall complete the appropriate forms. The Minister of

Labour and Productivity is conferred with the power by section 51(1) of the Principal

Act to issue regulations as he deems necessary from time to time as necessary or as

expedient to carry this Act into effect. In line with this power so conferred on him,

the minister can make regulations in respect of registration of unions and other

related matters.

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 4. Trade Union Act, Cap. 437, LFN, 1990

The ratification of the core conventions is indicative of a formal commitment to the

observance of workers' rights. Even before the formal declaration of the fundamental

principles in 1998, member countries of the ILO are expected to reflect the

provisions of ILO Conventions and Recommendations in national labour and social

policies and laws. By and large, national legislation such as the Trade Union Act,

Cap 437(LFN, 1990), the Labour Act, Cap 198(LFN, 1990) and the Wages Board

and Industrial Councils Act, Cap 466(LFN,1990) reflect corresponding ILO

Conventions. These laws confer certain rights on Nigerian workers and variously

recognise the right to organise, the right to collective bargaining as well as the right

of unions to act on behalf of their members. Added to these are, the Factories Act,

Cap 126(LFN, 1990), and Workmen's Compensation Act, Cap 470(LFN, 1990)

which seek to protect workers from workrelated hazards and diseases as well as

making provisions for compensation for injuries or disabilities suffered in the course

of employment. Section 40 of the 1999 Constitution of the Federal Republic of

Nigeria recognizes the freedom of association by Nigerian citizens while it also

recognizes the right to life (a position that can be invoked against employers who

endanger the lives of workers under their employment). Specifically, S.40 provides

that “Every person shall be entitled to assembly freely and associate with other

persons and in particular, he may form or belong, to any political party, trade union

or any association for the protection of his interest . A few specific provisions of

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these laws will be highlighted here for further illustration. For example, Section 9(6)

of the Labour Act (Cap 198) LFN, 1990) provides that no contract shall

a) Make it a condition of employment that a worker shall or shall not join a trade

union or shall or shall not relinquish membership of a trade union; or b) Cause the

dismissal of, or otherwise prejudice, a worker

i) by reason of trade union membership, or

ii) because of trade union activities outside working hours or, with the consent of the

employer, within working hours, or

iii) by reason of the fact that he has lost or been deprived of membership of a trade

union or has refused or been unable to become, or for any other reason is not, a

member of a trade union 14 Section 24 of the Trade Union Act (Cap 437) (LFN,

1990) provides that

i) Subject to this section, where there is a trade union of which persons in the

employment of an employer are members, that trade union shall, without further

assurance, on registration in accordance with the provisions of this Act, be entitled to

recognition by the employer ii) If an employer deliberately fails to recognise any

trade union registered pursuant to the provision of sub-section(1) of this section, he

shall be guilty of an offence and be liable on summary to a fine of N1,000(which is

less than US$7, using an exchange rate of $1:N151) This provision can also be

construed to mean that once there is a union recognised within the industry,

individual employers are bound to recognise it and should not do anything to

infringe or impinge on the right of workers to freely join such a union. This

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provision of the Trade Union Act should also be taken along with that of the Labour

Act which provides that the membership or non-membership of a union should not

be a precondition for employment. These are provisions which are breached with

impunity by employers in the three sectors covered by this study, with the

telecommunication sector being the most guilty followed by the banking and finance

sector. How else can one explain the fact that the major players in the

telecommunication sector for instance (MTN, ZAIN and GLO) do not allow their

employees to unionise and no sanctions are imposed by the appropriate authorities.

The Factories Act (Cap 126, LFN, 1990) is also worth highlighting here. This is

because it is the main piece of legislation that addresses the safety of workers so that

s/he is not endangered while providing for the needs of others in society. The Act

(S.87) defines a factory as “any premises in which or within which, or within the

close or cartilage or precincts of which one person is, or more persons are, employed

in any process for or incidental to any of the following purposes, namely

a) the making of any article or of part of any article; or

b) the altering, repairing, ornamenting, finishing, cleaning, or washing, or the

breaking up or demolition of any article; or

c) the adapting for sale of any article, being premises in which, or within the close or

cartilage or precincts of which, the work 15 is carried on by way of trade or for

purposes of gain and to or over which the employer of the persons employed therein

has the right of access or control”. The Act also provides for the compulsory

registration of factories while the Director of Factories is expected to keep a Register

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of factories. From the foregoing, it is safe to conclude that both at the international

and national levels there are enough laws and standards to ensure that workers enjoy

some rights and protection at work. The big question is the extent to which these

plethora of rights have been secured by workers. Reports from national and

international trade union federations and the ILO indicate severe rights abuses. It is

partly arising from this that the ILO made its 1998 declaration on fundamental rights

and the Decent work agenda of which the issue of the denial of rights at work is one

of the four components. The “rights challenge” is one of the four major challenges

similarly identified as confronting the decent work agenda of the ILO. According to

him “the rights challenge relates to the difficulty of organisation or representation

amongst such workers. Without collective power to negotiate with employers,

workers are not in a position to access or secure other rights”. The threat posed by

the emergent global economic order has always been there. In many emerging

market economies, working conditions, wages, and environmental standards have

deteriorated particularly in plants producing for export. Every year, the International

Confederation of Free Trade Unions (ICFTU) documents widespread abuses of

workers' rights”. It is interesting to note that Convention 87 on the Freedom of

Association and Protection of the Right to Organise enjoys the least number of

ratifications out of the entire core Conventions. While this may be an indication of

the commitment of ILO members to the ideal of their organisation, it is important to

note that ratification does not necessarily amount to compliance with the provisions.

That explains why it is not all countries that have ratified ILO Conventions have

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given effect to their provisions and unfortunately the ILO appears helpless in

ensuring compliance. It would appear that many member countries just pay lip

service to the ideals of the body by ratifying Conventions they do not intend to

[Link] provisions of Conventions 87 and 98, the high number of

ratifications and the fact of the fundamental declaration have nevertheless not

stopped the denial of the right of workers to associate freely, organise and bargain

collectively worldwide. This largely arises from the capitulation of national

governments to the blackmail and manipulations of the agents of international

finance capital who are too eager to sacrifice workers' rights for economic

expediency from which only a few benefit. The situation in Nigeria reflects this.

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 5. Trade Union (Amendment) Decree No. 4 Of 1996

“The Principal Act” 1996 was amended in the Trade Unions (Amendment) Act

1996. This Act was enacted by the National Assembly in March 1996. The objective

of the Act is to provide democratization of the unions and labour in Nigeria; to allow

individual worker to decide which trade union to belong or not, without victimization

by any employer or union executives, and to allow proliferation of Central Labour

Organization in this act referred as, Federation of Trade Unions. “The Principal Act

1996”, Section 12(3) is amended with a new additional Sub-section 12(4). Thus,

Section 12(4) states that, notwithstanding anything to the contrary of this Act,

membership of a trade union by employees shall be voluntary, and no employee shall

be forced to join any trade union or be victimized for refusing to join or remain a

member. (This is contained as amended in the Trade Unions (Amendment) Act 1996,

Section 2). Section 16(1) of “The Principal Act” 1996, is amended and substituted

with, upon the registration and recognition of any of the trade unions specified in the

3rd schedule of this Act, an employer shall:-

(a) Make a deduction from the wages of every worker who is a member of any of the

trade unions for the purpose of paying contributions to the trade union so registered;

and

(b) Remit such deductions to the registered office of the trade union within a

reasonable period or such period as may be prescribed from time to time by the

Register. (This is contained as amended in Trade Unions (Amendment) Act 2005,

Section 3).

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Section 17 of “The Principal Act” 1996 is amended to have Sub-section 17(1)

included in the Trade Unions (Amendment) Act, 2007. Section 17(1) states that,

Trade Unions shall pay to the appropriate registered Federation of Trade Unions out

of the contribution received from the members such sum as may from time to time,

be specified in the Constitution of the Registered Federation of Trade Unions

concerned. (This, as amended, is contained in the Trade Union (Amendment) Decree

No. 4 Of 1996, Section 4). Section 24 of “The Principal Act” 1996 was amended to

have Sub-section (1) and Sub-section (2) as follows:- Section 24(1) states that, for

the purposes of collective bargaining, all registered unions in the employment of an

employer shall constitute an electoral college to elect members who will represent

them. Section 24(2) states that, for the purposes of representation at tripartite bodies,

or any other body, the registered Federations of Trade Unions shall constitute an

electoral college taking into account the size of each registered federation for the

purpose of electing member who will represent them. (These, as amended, are

contained in the Trade Union (Amendment) Decree No. 4 Of 1996, Section 5).

Section 34 of “The Principal Act” 1996 was amended with 3 Sub-sections in the

Trade Unions (Amendment) Act 2005, Section 8, as follows:- Section 34(1) A

Federation of Trade Unions may be registered by the Registrar if:- (a) Its main

objective is to represent the interest of employees; (b) It is made up of 12 or more

trade unions none of which shall have been a member of another registered

Federation of Trade Unions; (c) It has been established by resolution of National

Delegates Conference of the Trade Unions that constitute its members; (d) It has

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adopted a name that does not resemble the name of another Federation of Trade

Unions; International Journal of Research Development 232 (e) It has adopted a

Constitution and or rules in accordance with the First Schedule of this Act; and (f) It

has submitted to the Registrar an application in the prescribed form signed by at least

two authorized members of at least 12 registered trade unions wishing to become its

members. Section 34 (2) Upon receipt of an application as required by Sub-section

34(1) of this section, the Registrar shall within 90 days if satisfied that all

requirements with respect to the Registration of Federation of Trade Unions have

been met, register the Federation concerned, and evidence such registration with the

issuance of a certificate of registration. Section 34(3),

The requirements for registration of Trade Unions or Federation of Trade Unions

introduced into Trade Union (Amendment) Decree No. 4 Of 1996 by the Trade

Union Act 1996, shall not apply to any of the unions which immediately before the

coming into force of this Act has been duly registered or deemed duly registered, and

such Trade Unions or Federation of Trade Unions shall subject to the requirements

introduced by this Act, continue to exist in accordance with the rights attached to

their registration as such, unless and until they are dissolved, amalgamated, judicially

forfeited or cancellation of registration certificate. Section 42 of “The Principal Act”

1996 was amended in Section 9(1)(A) and Section 9(1)(B) of the Trade Union

(Amendment) Decree No. 4 Of 1996 as follows: Section 9(1)(A) states that no person

shall subject any other person to any kind of constraint or restriction of his personal

freedom in the course of persuasion. Section 9(1)(B) states that no Trade Union or

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registered Federation of Trade Unions or any member thereof shall in the course of

any strike action compel any person who is not a member of its union to join any

strike or in any manner whatsoever, prevent aircraft from flying or obstruct public

highways, institutions, or premises of any kind for the purposes of giving effect to

the strike.

The Trade Union (Amendment) Decree No. 4 Of 1996 pretends to be democratic in

theory and implementation, but it is a lucid demonstration of dominance of the

political class over the electorates/the subordinate masses. The government employed

its power to demobilize the NLC dominance by deleting Section 34 of “The Principal

Act” 1996, and enshrining the proliferation of the Federation of Trade Unions

instead, in order to weaken and debilitate its abilities to organize strikes and

challenge Government arbitrary decisions on the masses. Although the Act appears

to be ill-motivated, it has helped to give the Nigerian workers, the opportunity,

privilege and freedom to choose unions and Federation of Trade Unions for

memberships. In view of the above analysis, it is the recommendation of this paper

that the Nigerian Government should in future engage in genuine amendments in

trade union A Critical Analysis of Trade Union (Amendment) Decree No. 4 Of 1996

Acts with the aim to ameliorate the plights of the Nigerian workers rather than

settling scores with the Federations of Trade Unions.

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