A Legal Analysis Of Job Security Law in Nigeria
Under applicable laws, workers generally harbour a variety of expectations as regards their jobs. The most paramount of these expectations is, perhaps, the right to job security. There is, however, a struggle between employees and employers over this right. This struggle is a species of the larger struggle over property rights in a society where owners are often allowed to exercise their rights without regard to the rights of others. Hence, this research engages the friction between employer’s power to hire and fire at will and the employee’s right to job security. This research argues in support of departing from the regime of viewing job security as a contractual right to a status guaranteed right. While it may be asserted that status guaranteed right has been largely achieved in the public sector, the same cannot be said of the position in the private sector except in cases where the employee is terminated for his involvement in trade union activities outside the usual working hours. The research also analysed the provisions of the International Labour Organisation (ILO) Convention on Termination of Employment and the contribution of the National Industrial Court (NIC) to job security in Nigeria.The research carried out a comparative analysis of job security using South Africa, Kenya and Ghana.
Job Security Law in Nigeria: Towards a Transition from Contract to Status
The basis for the comparative model is the fact that these countries share the same common law background with and are all emerging economies like Nigeria. The research reveals that in these developing countries, especially South Africa, the right not to be unfairly terminated is well entrenched in the Bill of Rights as contained in their respective Constitutions. On the basis of this, the research concludes that there is a need for Nigeria to embrace this model development through direct application of international best practices on job security and the enactment of unfair dismissal legislation.