The Extent of the Right to Strike in Nigerian Labour Law (original) (raw)
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Abstract: Right to strike is an integral part of workers’ right to protect and defend their social and economic rights which are incidental in employment relationship without which workers will be regarded as slaves. These social and economic rights are part of the fundamental objective and directive principles of state policy as enshrined in chapter two of the constitution of Federal Republic of Nigeria 1999 as amended. Strike is regarded as one of the most cherished instruments of trade unionism in Nigeria. Workers in Nigeria view strike as the most powerful safeguard against the unjust treatment of their employers. Without right to strike workers in Nigeria will be at the mercy of the employers who may impose low wages or poor condition of work in utter disregard to the terms of the parties contract of employment. However, looking at the volatile nature of Nigeria’s political and economic setting one will begin to imagine whether right to strike will do Nigeria industrial relation more harm than good. This is bearing in mind the attitude of Nigerians to work as no day passes in Nigeria without strike or threat of strike. The implication of the recurrence of strike in Nigeria could be as a result of the unenforceability of collective bargaining. This paper carries out an examination of the correct and extant status of workers right to strike and its potency in Nigeria industrial relation. The researcher undertook critical analysis of the above topic with the aid of statutory and judicial authorities, textbooks, journal articles, internet materials and international instruments. At the end, the writer concluded that there is no law in Nigeria which provides workers with right to strike instead workers in Nigeria are placed under some legal disabilities when they embark on strike thereby rendering strike a mere privilege and not a right. The writer having taken cognizance of the attitude of workers in Nigeria, recommends that strike should not be made a right but instead collective bargaining should be made enforceable to curb the incessant strike action in Nigeria.
The Repressive Face of Law to Strike in Nigeria: Hope for Industrial Peace?
Journal of Commonwealth Law and Legal Education, 2009
Though the strike is accepted as an indispensable component of a democracy and a stimulus to social dialogue in industrial relations, strikes have remained controversial in many jurisdictions and are repressed by law in some legal systems. This paper examines the legal response to strikes in Nigeria and the implications for workers. It reviews the law over time and finds that it has remained repressive, based on the lopsided desire to protect general services and the business interests of the employer over and above the interests of the worker. In spite of these repressive laws, workers have continued to use strikes in expressing their grievances. The paper argues for legitimization of strikes in industrial relations in Nigeria. This is necessary if we are to encourage social dialogue and workers' participation in the democratic management of the enterprise and the economy as a whole. The paper posits that sustained social dialogue and workers' participation in the democratic management of the enterprise is a panacea for industrial peace and sustainable economic development.
THE RIGHT TO INDUSTRIAL ACTION IN NIGERIA: A COMPARATIVE REVIEW OF INTERNATIONAL LABOUR STANDARDS
The Gravitas Review of Business and Property Law, 2019
The right of employees to embark on industrial actions notably, to strike, is arguably next in importance to the right to life. The right to strike influences the balance of relations, not only between employers and employees and their organisations in the various sectors of the economy but also the capacity of the civil society, which includes trade unions, in acting as a counter power to likely excesses that the state may display in the governance process. Thus, the right to strike determines not just the prospects for enjoying improvements in working and living conditions of employees but it is also a precondition for the sustenance of society on a just and democratic basis and enjoyment of other fundamental socioeconomic and political rights. Despite the strategic nexus between the right to strike and the attainment of a just society, the right to strike tends to be restricted in labour laws and practically suppressed in the course of actual strike actions in Nigeria. This paper examines not only the exercise of the right to strike in Nigeria within the ambits of the principles established by the International Labour Organization (ILO) but it also undertakes a critical appraisal of the ILO principles in the light of the operating neoliberal policy framework in Nigeria.
Nigeria Labour Congress (NLC) and Strike Action in Labour Conflict Management in Nigeria (1999-2011
The paper argued that though strike comes with so many diseconomies, there are factors that usually compelled the NLC to embark on strikes in Nigeria which ranges from refusal to recognize a union or workers' group as a collective bargaining party; rejection of unions demand and so on. The paper equally contended that prolonged strikes negatively affect the perception of the NLC in industrial conflict management in Nigeria. It also discovered that strikes embarked upon by the NLC have not secured industrial harmony in Nigeria. Rather, strikes bred inferiority complex, cold war and psychological stress in the workplace. The paper observed the achievability of peaceful and harmonious industrial coexistence amongst labour and management through collaboration, accommodation and compromise. Data for the paper was sourced from interview and documented researches. Qualitative and descriptive methods of analysis were employed in analyzing the data generated.
Asuu Strike and the Nigerian Governments: Implications on Students and Society in a Changing World
South Asian Journal of Social Studies and Economics
The impasse between the Academic Staff Union of Universities (ASUU) and the governments in Nigeria (state and federal) manifested in a repeated ASUU strikes, having implications on students and society in the contemporary changing world. Hence the study examines the adverse impacts of the strikes on university students and the society that embodies the stakeholders. The study discovered that the strikes are orchestrated largely by the union quest to protect its members’ welfare and swift greeting of any perceived unfriendly steps by the government with strike actions while the government fell short in funding and entrenching a right legal milieu for negotiation and regulation of ASUU. With the secondary sourced data from journals, newspapers, journals, books and the internet while underpinning the research with the social contract theory, the study concludes that the public university students are exposed and tempted to indulge in social vices, have a sense of being disadvantaged un...
2014
The public university system in Nigeria suffers from perennial interruptions of academic sessions due to strike actions frequently embarked upon by the Academic Staff Union of Universities (ASUU). The purpose of the perennial strikes is mostly to get the government to better fund the public university system so as to create the enabling environment, which would capacitate it towards greater performance. Thus, this study explored the triggers and strategies for tackling industrial strikes in the public university system in Nigeria. Drawing from the findings made in this study, recommendations on the appropriate approaches towards addressing the perennial ASUU strikes in the Nigeria’s public university system were proffered with a view to revitalizing the system as well as re-focusing it to effectively contribute to the national development of Nigeria.
2015
Over the years, Nigeria experienced industrial conflicts which have given rise to strikes both in private and public work sectors. The worse hit is the Nigerian civil service. This is a sector where government whose responsibility is to cater for the wellbeing of her citizens is itself the employer. This study underscores the consequences of strike actions in Anambra state civil service between 1979 and 1989. The period under study cut across two types of political regimes: civilian and military regimes. The study utilized ex-post facto type of design since the events under study had taken place. Questionnaire distributed to elicit information from respondents which were certified fit for analysis were 162. Snowballing technique was applied. Results indicate that strikes within the period gave rise to negative consequences (14.8%) and positive consequences (14.2%).Results also reveal that strike has both positive and negative consequences (71%). Out of 13 numbers of strikes embarked...
TRADE UNION IN NIGERIA ASSIGNMENT.docx
2019
This research studied the emergence of trade union in Nigeria and its growth so far.The frequency of strike action by trade unions in the public service in Nigeria has no doubt become a very big source of concern. This study found that while this problem is partly attributed to the character of successive Nigerian Governments that do not take workers seriously until they embark on industrial action; it is also noteworthy to realize that the problem is partly because of the large number of trade unions in the public sector. There is also some level of rivalry between trade unions especially those operating within the same industry or sector. This situation provides a fertile ground for inter-union crises