By Benita Ayo
The Principal Statute in Nigeria, the Labour Act, has recognised that employees do have rights which must be protected. These rights stem from the fundamental human rights as enshrined in the Constitution of the Federal Republic of Nigeria, International Conventions and Protocols to which Nigeria is a signatory, to name a few.
Thus, an employee whose rights have been violated may bring against his employer an action for redress at the National Industrial Court.
Rights of the Employer
So to speak, the employee’s rights include the following;
- Right to Maternity Leave
- Right to Sick Leave
- Right to freedom from discrimination
- Right to Participate in Trade Union Activities
- Right to Annual Holiday
- Right to be treated with dignity and respect
Duties of the Employee
In addition to the rights of an employee, an employee also owes a duty to his employer, which the law expects him to render at all times of his employment. As stated earlier on, a duty is an obligation owed by one person to another. The employee’s duties to his employer include the following;
- Duty to obey lawful Order. Lawful order includes instructions given within the context and timeframe of the work hours. An employee is expected to at all times comply with written and oral instructions of his employer. Failure to comply may result in the termination of the employment contract by the employer.
- Duty of Disclosure: This duty requires that an employee must disclose to his employer all relevant and necessary information, must act in good faith, and personal interest must not and never conflict with his work obligations.
- Duty to take reasonable care: In the performance of an employee’s duties, the law expects the employee to exercise great care and skill in order to avoid incurring liabilities to his employer. (Employers may in a bid to protect themselves from a careless employee, enter a separate contract of indemnity with the employee).
- Duty to Indemnify the Employer: By this, an employee has a duty to indemnify his employer from the consequences of his negligent acts done in the course of his employment.
Consequences of Failure to perform his Duties
Where an employee fails to perform his duties as required by the law, the employer may sue the employee for damages caused and suffered. It is always to have a contract of indemnity signed by the employee in favour of the employer at the same time the contract of employment is executed.
The appropriate court having jurisdiction over labour-related disputes in Nigeria is the National Industrial Court.
You may contact me via the under-listed channels for further consultations on the following services;
- Employment grievance counselling/settlement Negotiations
- Employment Contract drafting/Review/Advisory
- Legal Representations (Court Appearances)
- Any other Employment related matters
WhatsApp: +2348063775768
Email: [email protected]
Benita Ayo is a Seasoned Corporate Commercial Counsel with over 9 years post-call experience. She has handled myriads of briefs in Corporate/Commercial, Employment Law as well as Property Transactional Practice
