Temporary Employment Legislation and Practices
Recent legislative actions recognizing temporary employment do not necessarily endorse practices that may be seen as acceptable due to socio-economic factors.
Understanding Casual Employment
Casual employment, or non-standard labor agreements (NSWAs), typically refers to employment characterized by an employee’s casual status or a contractual arrangement lasting for a specific duration. This can include fixed contracts, contract work, on-call jobs, part-time roles, or temporary positions.
Job Security and Benefits
A notable aspect of casual work is the lack of job security and the absence of benefits such as pensions, health insurance, and life insurance that regular employees typically receive. These shortcomings highlight the precarious nature of such employment arrangements.
Legal Framework Surrounding Temporary Work
The Labor Code does not explicitly define “temporary work,” but it stipulates that a worker cannot be employed for more than three months without formal written consent from the employer detailing the employment terms. This lack of definition opens the door for varied interpretations of what constitutes temporary employment.
Judicial Clarifications on Temporary Employees
In the case of Owena Mass Transportation Co. v. Okonogbo, the Court of Appeal characterized a temporary employee as someone employed for less than six months and compensated daily. This ruling contributes to the evolving legal understanding of temporary employment in Nigeria.
Employee Protection Under the Employees’ Compensation Act
The Employees’ Compensation Act (ECA) broadly defines an employee to include individuals under various forms of employment, including temporary and casual workers. This definition ensures that even these workers are afforded protection in the event of workplace accidents, injuries, or fatalities.
Rights of Casual Workers
The National Industrial Court of Nigeria has affirmed the rights of casual workers to unionize. In the case of Patvirki Industrial Planners Ltd. v. National Union of Hotel and Personal Services Workers, the court supported the view that non-regular workers hold the same statutory rights as regular employees, including the right to join a trade union.
Measures to Reform Temporary Employment Practices
In light of ongoing concerns, Parliament is close to passing a bill aimed at amending labor laws to criminalize temporary employment beyond six months. If enacted, this legislation may compel employers to regularize temporary employees after this period. Regulatory scrutiny is particularly focused on employers who use fixed-term contracts to circumvent granting permanent employment status.
Industry-Specific Guidelines for Labor Practices
The oil and gas sector has seen proactive measures to protect temporary workers. The 2011 Guidelines on Labor Management Issues stipulate outsourcing restrictions and provide contract staff a priority right to fill permanent vacancies. Similar regulations apply across the banking and financial sectors, promoting opportunities for career advancement, union formation, and compliance with labor standards.
As these guidelines take effect, they underscore a broader commitment to equitable labor practices, ensuring that all workers, regardless of their employment status, are entitled to fair treatment and opportunities for professional development.
Jamiu Akolade, MCIArb, is the founder of the Employment and Labor Lawyers Association of Nigeria (ELLAN), a member of the management committee of the African Labor Law Association, and the author of the Employment Law Handbook.
