Periodic employment

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IMPLICATIONS OF PRORATION OF SALARIES TO THE ACADEMIC STAFF UNION OF UNIVERSITIES ON INDUSTRIAL HARMONY – SIMILOLUWA DARAMOLA

The recent payment of prorated salaries to members of the Academic Staff Union of Universities (ASUU) has stirred up several reactions from the public. While it comes with several questions as to its justification. The flip side is that the Federal Government on one hand views its decision in conformity with the ‘no work, no pay principle’ under the Trade Disputes Act while ASUU views it as an aberration and breach of trust which is at the core of any negotiation process. Nigeria over the years has had a chequered history of hiccups in its educational sector’s trajectory right from the days of military administration due to incessant industrial actions which has adversely affected the advancement of research and quality of graduates being churned out yearly. The principle of ‘no work no pay’ is a principle applicable in industrial action wherein employers adopt the principle as a shield to discourage industrial actions from its employees. The principle is entrenched in the Nigerian law particularly under Section 43 of the Trade Disputes Act which states that ‘where any worker takes part in a strike, he shall not be entitled to any wages or other remuneration for the period of the strike’. However, that the principle exists is not to make it straitjacket in its applicability because the gravamen of industrial relations is negotiation which allows for variation of rights and responsibilities. The decision of the National Industrial Court in Abe Babalola v Equinox International Resources Limited NICN/LA/166/2015 on proration is that pro-rata payment salaries is not applicable to periodic employments but only applicable to daily paid workers. This decision was also reiterated in the case of Grant Mpanugo v CAT Construction Nigeria Ltd NICN/LA/660/2015 where the court held that fractional salaries should not be made to employees in periodic employment. Since this decision is yet to be upturned by a superior court, this remains the position of the law in Nigeria. The Federal Government’s approach to the strike since its commencement in February 2022 has been a display of lack of trust, absence of emotional intelligence to current economic realities, and aloofness to education as a cardinal objective for nation building through human capital development. These traits are evident in its registration of a parallel union Congress of University Academics (CONUA) and mannerisms during negotiations. Objectively, in obedience to the rule of law through the Court’s order that members of ASUU returned to classrooms without any clear-cut model on resolving the underlying causes of the industrial action which stemmed from non-payment of outstanding allowances and upward review of salaries to reflect inflationary trends only speaks to the unrealistic attitude of the FG towards industrial harmony. Industrial actions are not designed to be disruptive but to improve the employment conditions of employees who have the right to demand decent working conditions as this is what social justice connotes. Decent wages for work done under a contract of employment and ordinarily the government as an entity should be seen blazing this trail for the private sector to borrow cues from. While the discourse on minimum wages is gravitating towards living wages in other climes. It brings to bear the journey of Nigeria in reducing social inequality because decent work remains central to any discourse on poverty reduction. It is bewildering to see lecturers who have dedicated their time towards impacting knowledge being subjected to unfair labour practices. The payment of full salaries to the parallel union, CONUA and prorated salaries to ASUU raises questions on the commitment of the government towards industrial harmony and its constitutionality in line with the provisions of Section 42 of the 1999 Constitution of the Federal Republic of Nigeria which prohibits discrimination against any citizen by reason of birth or other circumstances. The National Assembly is currently in the process of passing The Employees Unpaid Wages Prohibition Bill into law to ensure timely remuneration of employees in the public or private sectors and to also prohibit the withholding of payment due to employees by employers in the guise of using same to cover the cost of employee’s negligence. While this is a welcome development, it raises the issues of enforceability so that the provisions of this bill when passed into law does not become a White Elephant after all charity begins at home. The wave of ‘Japa’ keeps increasing with brain drain being on the rise. The Federal Government should ensure that it lives up to its responsibilities entrenched under the social contract. Education is crucial to the development of any country and should not be left unattended to. The Federal Government can do better in guaranteeing the welfare of ASUU and its demands to build a stalwart educational sector with competitive employment conditions for retention of human capital without transforming our universities into ivory towers.
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IMPLICATIONS OF PRORATION OF SALARIES TO THE ACADEMIC STAFF UNION OF UNIVERSITIES ON INDUSTRIAL HARMONY – SIMILOLUWA DARAMOLA

IMPLICATIONS OF PRORATION OF SALARIES TO THE ACADEMIC STAFF UNION OF UNIVERSITIES ON INDUSTRIAL HARMONY – SIMILOLUWA DARAMOLA The recent payment of prorated salaries to members of the Academic Staff Union of Universities (ASUU) has stirred up several reactions from the public. While it comes with several questions as to its justification. The flip side is that the Federal Government on one hand views its decision in conformity with the ‘no work, no pay principle’ under the Trade Disputes Act while ASUU views it as an aberration and breach of trust which is at the core of any negotiation process. Nigeria over the years has had a chequered history of hiccups in its educational sector’s trajectory right from the days of military administration due to incessant industrial actions which has adversely affected the advancement of research and quality of graduates being churned out yearly. The principle of ‘no work no pay’ is a principle applicable in industrial action wherein employers adopt the principle as a shield to discourage industrial actions from its employees. The principle is entrenched in the Nigerian law particularly under Section 43 of the Trade Disputes Act which states that ‘where any worker takes part in a strike, he shall not be entitled to any wages or other remuneration for the period of the strike’. However, that the principle exists is not to make it straitjacket in its applicability because the gravamen of industrial relations is negotiation which allows for variation of rights and responsibilities. The decision of the National Industrial Court in Abe Babalola v Equinox International Resources Limited NICN/LA/166/2015 on proration is that pro-rata payment salaries is not applicable to periodic employments but only applicable to daily paid workers. This decision was also reiterated in the case of Grant Mpanugo v CAT Construction Nigeria Ltd NICN/LA/660/2015 where the court held that fractional salaries should not be made to employees in periodic employment. Since this decision is yet to be upturned by a superior court, this remains the position of the law in Nigeria. The Federal Government’s approach to the strike since its commencement in February 2022 has been a display of lack of trust, absence of emotional intelligence to current economic realities, and aloofness to education as a cardinal objective for nation building through human capital development. These traits are evident in its registration of a parallel union Congress of University Academics (CONUA) and mannerisms during negotiations. Objectively, in obedience to the rule of law through the Court’s order that members of ASUU returned to classrooms without any clear-cut model on resolving the underlying causes of the industrial action which stemmed from non-payment of outstanding allowances and upward review of salaries to reflect inflationary trends only speaks to the unrealistic attitude of the FG towards industrial harmony. Industrial actions are not designed to be disruptive but to improve the employment conditions of employees who have the right to demand decent working conditions as this is what social justice connotes. Decent wages for work done under a contract of employment and ordinarily the government as an entity should be seen blazing this trail for the private sector to borrow cues from. While the discourse on minimum wages is gravitating towards living wages in other climes. It brings to bear the journey of Nigeria in reducing social inequality because decent work remains central to any discourse on poverty reduction. It is bewildering to see lecturers who have dedicated their time towards impacting knowledge being subjected to unfair labour practices. The payment of full salaries to the parallel union, CONUA and prorated salaries to ASUU raises questions on the commitment of the government towards industrial harmony and its constitutionality in line with the provisions of Section 42 of the 1999 Constitution of the Federal Republic of Nigeria which prohibits discrimination against any citizen by reason of birth or other circumstances. The National Assembly is currently in the process of passing The Employees Unpaid Wages Prohibition Bill into law to ensure timely remuneration of employees in the public or private sectors and to also prohibit the withholding of payment due to employees by employers in the guise of using same to cover the cost of employee’s negligence. While this is a welcome development, it raises the issues of enforceability so that the provisions of this bill when passed into law does not become a White Elephant after all charity begins at home. The wave of ‘Japa’ keeps increasing with brain drain being on the rise. The Federal Government should ensure that it lives up to its responsibilities entrenched under the social contract. Education is crucial to the development of any country and should not be left unattended to. The Federal Government can do better in guaranteeing the welfare of ASUU and its demands to build a stalwart educational sector with competitive employment conditions for retention of human capital without transforming our universities into ivory towers.
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THE LEGAL STATUS OF GIG WORKERS UNDER NIGERIAN EMPLOYMENT LAW – SIMILOLUWA DARAMOLA

Gig economy is an emerging concept in modern day employment law. The gig economy accommodates all those doing business through digital platforms. Are gig workers independent contractors with a service contract remains a bugging question in the employment and labour law space. Similoluwa Daramola explores how advantageous the gig economy is in the creation of jobs and avenue for  building  relevant professional skills. Read More Here    
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THE NIGERIAN DATA PROTECTION ACT 2023: SAFEGUARDING PRIVACY IN THE DIGITAL AGE – NATHALIA ODIDIKA-ESEZOBOR

The Nigerian President recently passed the Nigerian Data Protection Bill into law. This new law recognizes the significance of data protection in this digital era. In line with international best practices and to align with the European Union’s General Data Protection Regulation (GDPR), Nigeria passed the Data Protection Act in 2019. In this article, we will delve into the key provisions of the Nigerian Data Protection Act 2023, its objectives, and its potential impact on individuals, organizations, and the overall data protection landscape in Nigeria. Read here
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EMPLOYMENT PERSPECTIVE FROM NIGERIA’A FUEL SUBSIDY REMOVAL

The Fuel subsidy removal has raised a lot of questions and uncertainty in the minds of Nigerians. Some have argued that a partial removal would have been implemented considering the biting inflation, rise in the cost of living, low minimum wage and working condition. Some have argued still that it is a good development but measures should have been put in place to cushion the effects of the subsidy removal and ensure a better transition. We have in this paper raised vital strategies that the government and employers can deploy to alleviate the effects of the subsidy removal on the citizens in both the formal and informal sector. Click here to read   
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