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The position of the law in Nigeria is that a document should speak for itself.

Employment related letters are many in number and each serve a different purpose(s).

Each have their own importance(s).

👉At times you need it to fight for your rights whether as an employer or employee.

👉Be sure you have the right letter prepared.

👉Be sure to have all basic terms and conditions well written and captured.

👉Be clear and use simple terms as possible.

👉Have your copy of every letter.

👉Before signing any letter look for the crucial information.

👉To make sure that you have a clear understanding of the terms and conditions of any letter, consult a professional.

2020 can only be better.

#toyourpeaceandjoy

[taitum]

The position of the law in Nigeria is that a document should speak for itself.

Employment related letters are many in number and each serve a different purpose(s).

[taitum]

As the new year begins, employers will be engaging new staff, promoting or reprimanding existing staff or terminating employment of some staff.

Employees will be taking up new offers, getting promoted or reprimanded or have their employment terminated or resigning from a job.

In this process, offer letters, acceptance letters, rejection letters, termination of employment letters, sit-up letters, commendation letters, confirmation letters, resignation letter, and queries will be flying around.

In this new year, whether you are an employee or employer, these letters and all your correspondence(s) must be:

👉coherent,

👉informative,

👉legally sound, and

👉must satisfy the goals of avoiding, reducing, or resolving liability(s).

Happy New year.

#Toyourpeaceandjoy.

[taitum]

In this new year, whether you are an employee or employer, these letters and all your correspondence(s) must be:

👉coherent,

👉informative,

👉legally sound, and

👉must satisfy the goals of avoiding, reducing, or resolving liability(s).

Happy New year.

#Toyourpeaceandjoy.

[taitum]

The Nigerian Labour Act 1971: looking ahead.

Many believe that the Labour Act 1971 is long due for review. One, for its long years of enactment. Two, for not being in tune with the current realities in the Nigerian labor market and international best labor practices and standards.

I do strongly share in these above sentiments.

I read an article that there is an attempt by the Association of Chartered Institute of Personnel Management and KPMG to seek the review of the Labour Act 1971. This attempt is laudable and should be supported by all stakeholders.

However, the review should be fashioned to fit the realities of the labor market: employers, employees, trade unions, governments, and even the job seekers' experience(s) and realities in the Nigerian society. It should not be another adaptation of law in another jurisdiction hook, line, and sinker - typical of some reviewed and enacted laws in Nigeria in recent times.

The sought review to the Labour Act 1971 should start with the review of the phrase, ‘‘Labour Act’’

The preamble to the Labour Act 1971 reads,

‘‘An Act to repeal and replace the Labour Code Act and consolidate the law relating to Labor.’’

Meanwhile, Section 91 of the Act defined ‘‘workers’’ as

‘‘Any person who has entered into or works under a contract with an employer, whether the contract is for manual labour or clerical work or is expressed or implied or oral or written, and whether it is a contract of service or a contract personally to execute any work or labour, but does not include-

(a) any person employed otherwise than for the purposes of the employer's business, or

(b) persons exercising administrative, executive, technical or professional functions as public officers or otherwise, or

(c) members of the employer's family, or

(d) representatives, agents and commercial travelers in so far as their work is carried on outside the permanent workplace of the employer's establishment; or

(e) any person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or the material; or

(f) any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply’’

First, Section 91 obviously, narrowly defined' ''workers'' and created exceptions. Meaning those exempted are not covered under the Act.

Secondly, by extension, the narrow interpretation contradicts the purpose of the Act; to consolidate the law relating to labour. This can be overlooked, coming from the past.

However, the same can not be said now. ''Labour'' has been given a wider and broader definition and perception to include both physical and mental work undertaken for some monetary reward and includes those excluded in the Labour Act 1971.

The phrase ''Labour Act'' should be changed to reflect specifically those the law seeks to cater to in Section 91. In the alternative, the exclusions should be expunged and the definition of ''workers'' should be extended to accommodate those presently excluded in the Act.

This is the only way the Labour Act 1971 can be given its true intent and purpose of consolidating the law relating to labor.

What is your take? Leave your opinion(s) and suggestion(s) in the comment section and let us expand the discussion.

#toyourpeaceandjoy. #NLA1971review.

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THE NIGERIAN LABOUR ACT 1971: LOOKING AHEAD.

https://www.linkedin.com/pulse/nigerian-labour-act-1971-looking-ahead-adebayo-adekola

[taitum]

THE NIGERIAN LABOUR ACT 1971: LOOKING AHEAD.

https://www.linkedin.com/pulse/nigerian-labour-act-1971-looking-ahead-adebayo-adekola

[taitum]

A great banker and founder of one of the new generation banks once said in my presence to someone i reverend in these similar words,

"Office politics is in every organisation in Nigeria.

Where it is more than the drive for organisation's goals and growth, try not to be consumed in it.

Every information, decisions and documents passed in such organisation always have more hidden behind the obvious.

You can not undermine the desperation at play too. They won't mind to sacrifice anything and anyone to hid what is not obvious.

That is the reason for the politics, nothing more."

Agba onitan lori ile.

Pa. Otunba Micheal Olasubomi Balogun, Founder First City Monument Bank Limited, Pa. Christopher Ogunbanjo of CHRIS OGUNBANJO LP

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Office politics is in every organisation in Nigeria.

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Loyalty of an employee to the employer must be absolute where no crime is being committed.

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It is very wrong for an employee to malign a former employer based on terms and conditions he or she agreed to and signed.

Worst still, exhibit such propaganda and demeanour in and outside the workplace while still in the employment of such employer.

If you must speak ill against your employer,

- it must be the truth,

- against terms and conditions you did not agree to,

- or aid in giving effect to against other employees.

Do you agree?

#toyourpeaceandjoy

[taitum]

There is this raging argument about who are the 5 most important people you should talk with before starting a business.

I will say:

1. Your spouse (family) comes first.

2. A lawyer.

3. An accountant and trusted advisor.

4. A business coach or mentor.

5. A banker.

What about you?

#toyourpeaceandjoy

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''The HR and the Legal have different opinions but they are both right.

''Legal: It is our duty to provide work to the employee and pay for the same as stated in section 17 of the Labour Act.

HR: Section 91 of the Labour Act in the defining a "worker," excludes "persons exercising administrative, executive, technical or professional functions as public officers or otherwise", from the application of the Labour Act.

His contract of employment does not provide for arrears of salaries too.

Legal: Would this pass for a fair labour practice in the public eyes and court?

The NICN on several occasions adopted the concept of unfair labour practice in reaching some of its decision as enjoined by section 254C of the 1999 Constitution of the Federal Republic of Nigeria (as amended).''

What should management/employer do?''

#toyourpeaceandjoy

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Professionals are expected at the workplace to give their honest professional opinions on issues.

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Employee was given a letter of employment and to resume March 1, 2019.

He resumed on the said date and was asked to go back home that he would be called when his work station and space is already.

4 months later he was called to resume. He demanded for 4 months arrears of salaries.

Legal: Employee is entitled to arrears of salaries.

HR: He is not entitled to be paid any arrears of salaries. It will amount to payment of salaries for services not rendered.

What is your take?

[taitum]

Every small business and employers has a common legal challenge in Nigeria.