History and sources of Nigerian Labour law

Historically, there was no wage employment before the coming of the Europeans; colonization introduced wage-earning employment. It was in the course of the introduction of wage-earning employment that it was discovered that it was necessary to safeguard both the interest of the employer and the employee that brought about various regulations and rules to regulate the relationship between the employer and the employee.

Initially, it was thought that the employees were being made an object of servitude but in the long-run, it became apparent that this kind of relationship required the incorporation of rules and regulations to avoid either of the parties being cheated. This was what brought into existence what we have as Labour law. That was the position in England which was adopted in Nigeria as a direct result of British colonialism.

However, as time went on, other relevant laws came into existence to regulate the relationship of the employer & the employee & the relationship of trade unions and their members on one hand, and the relationship with the employer which were being regulated by the Trade Union Act and the Trade Dispute Act and other laws regulating the employment relationship.

Summarily, Labour law is the aspect of the law that regulates the relationship between the employer and the employee in Nigeria.

Sources of Nigerian Labour Law.

Sources of Nigerian Labour law may be divided into legal and extralegal sources. The legal sources are those regulated by statutes or law, while the extra-legal ones are those created by the voluntary conduct of the parties. The legal sources are;

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• The Nigerian constitution, specifically the provisions dealing with fundamental directive and objective of state policy contained in chapter 2, section 11 – 18 CFRN.
• Nigerian statutes such as; The Labour Act, Trade Union Act and Trade Dispute Act, Factory Act and the Employee Compensation Act of 2010. The Labour Act, Factory Act, Trade Dispute Act are all contained in the Laws of Federation (2004).
• The Received English Law which comprises of the common law in England, Doctrine of Equity and Statutes of General Application in force in England on January 1st, 1900.
• Nigerian case laws, otherwise known as Judicial Precedent.

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All these are legal sources of Nigerian labour law. The extra-legal sources of Nigerian law on the other hand include;

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• Collective agreement (if incorporated into the terms and conditions of employment).
• Workplace notices, documents or rule books and handbooks.
• Customs and practices of the workplace.

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All these are sources of Nigerian Labour law.