Recovering Education: Using the Experiences and Learning Acquired to Build New and Better Education Systems
BCES Conference Books, 2023, Volume 21. Sofia: Bulgarian Comparative Education Society
ISSN 2534-8426 (online), ISSN 1314-4693 (print)
ISBN 978-619-7326-13-0 (online), ISBN 978-619-7326-14-7 (print)
Copyright © 2023 by Bulgarian Comparative Education Society (BCES). All rights of reproduction in any form reserved.
See on pages 298-300 how to cite the papers published in this volume.
213
Princess Adaeze Chuku-Ashiegbu
Labour Rights of Lecturers in Private Universities in Nigeria
Abstract
This study investigated Nigeria’s private university lecturers’ welfare and their legal rights. The
study adopted a doctrinal approach which enabled a proper examination of the extant laws
applicable to a lecturer as an employee and the reviewed laws included: the Constitution of the
Federal Republic of Nigeria 1999 (as Amended), Labour Act Cap L1, LFN 2004, Industrial
Training Fund Cap 19 LFN 2004 (as Amended), National Health Insurance Scheme Act, Cap
N42, LFN 2004, National Housing Fund Act, Cap N45 LFN 2004, Pension Reform Act 2014,
Personal Income Tax Act Cap P8 LFN 2004, Trade Dispute Act Cap T8 LFN 2004, Trade
Unions Act Cap T14 LFN 2004. The study made a case for lecturers with the private universities
in comparison to their counterparts with the public owned universities. The findings showed that
there is wanton disregard for the extant provision of the Labour Act in Nigeria amongst the
lecturers working with the private universities. Similarly, the study likewise discovered that there
is paucity of reported cases regarding enforcement action involving private university lecturers
and their employers. The study perceives that the inability of private university lecturers to
demand for their rights is because the Nigerian law also allows freedom of contract in upholding
and binding employers and employees to their agreements. Recommendations from the study
asserted that the lecturers are entitled to same right as every other professional employee in
Nigeria. This exposes the lecturers in the private universities to a weak state where despite the
existence of the laws protecting their rights, they are unable to leverage on the existing laws to
advance their rights.
Keywords: labour law, legal rights, university lecturers, Nigeria
Introduction
The Nigerian employment laws are well diverse with the intention to capture every
aspect associated with employee welfare. This spread of statute reflects in different
legislation that has provided the framework in which they are explicitly stipulated.
Over the years, specific legislation has been enacted to address different issues in the
Nigerian employment industry. Notwithstanding, the employment laws still remain; the
Labour Act enacted in the 1970s, the Factories Act, the Employees Compensation Act,
the Trade Disputes Act and the Trade Unions Act. Yet, there exists disagreement
between employers and employees.
Unfortunately, despite this provision of laws, trade dispute between employer and
employees has bordered on the premise of unsatisfied welfare packages given to
workers. A typical example is reoccurring dispute between the Nigerian government
(employer) and the Academic Staff Union of Universities (ASUU) where both parties
have experienced several trade disputes which has resulted into disruption of planned
academic sessions, diminished the quality of tertiary education in the nation and have
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in recent times forced parents to seek alternative options in private universities both
locally and internationally.
Interestingly, one wonders why the provision of welfare packages to employees
has become a problem for employers, meanwhile, these set of employees are required
to put in their very best at workplace (Hosseini, Mahdad & Golparvar, 2013). The most
worrisome is the work relationship in the private sector, where workers are out rightly
barred from constituting a legitimate union as compared to their contemporaries in the
public sector. Such actions are inhuman and unconstitutional, because it is an
infringement to the fundamental right of lecturers. Also, the disposition of the
government as the first agency enacted by the people to protect their fundamental
human right is failing in its duties in providing oversight and requisite enforcement of
the extant laws which have been formulated to guarantee the provision of adequate
welfare for employees.
It is on this basis that this study has been undertaken to advocate specifically, for
lecturers employed in the private universities, with the intention that the
recommendations provided will prompt required actions from statutory quarters to
intervene in the plight of these set of workers.
Review of concepts
Who is a lecturer?
A lecturer is one who gives an organized lesson aiming to teach something. A
lecturer educates university students, plans and directs the study of university students
on one or more specific subjects and conducts their research in these areas. A lecturer
also writes and delivers lectures, designs and supervises their studies and conducts
research on topics that are closely related to their specialty. They also compile and
mark essays, examinations and other coursework, provide students with advice on
academic subjects, participate in meetings at places of study, schools or departments,
and perform administrative tasks. A lecturer can also arrange and organize conferences.
Depending on their level of knowledge, they can also work in libraries, laboratories or
research centers, and they can offer practical training in practice. They can be used for
full-time or part-time work. While full-time university lecturers work more or less on
weekdays on campus, part-time faculty can study on campuses only during their
teaching.
Interestingly, the Labour Act enacted in 1974, in the bid to explain the relationship
between an employer and employee in Nigeria, uses the word "workers" to describe
employees and it defines workers in Section 91 of the Act 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 where it is a contract of service or a contract personally to execute any
work or labour.
In order words, the lecturer as an employee of a privately owned institution is in-
line with the tenet of Section 91.
Lecturer welfare
Lecturer welfare is an extremely essential factor and that is the reason employer
provides workers, statutory and non-statutory benefits along with proper compensation
for enhancing their motivation, which may likewise bring more loyalty and trust of
Labour Rights of Lecturers in Private Universities in Nigeria
BCES Conference Books, 2023, Volume 21 | Part 5: Law and Education
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employees towards the organization. Welfare activities do not just provide motivating
forces in a money related frame yet in addition by giving them consideration, enhance
their abilities, improve their skills, understand their problems, allowances, housing,
monitoring working conditions, creation of harmony through infrastructure for health,
insurances against disease, accidents and unemployment of their families. Several
studies have shown that an increased welfare facility can improve the job satisfaction
and exert strong influence on the lecturer’s performance (Nasiri, Tabibi & Habibi,
2012).
Lecturer’s legal rights
This is enshrined in the labour law, and they are regulations that mediate the
relationship between workers, employing entities, trade unions and the government.
The basic feature of employment law in virtually every country is that the rights and
obligations of the worker and the employer are mediated based on a contract of
employment between the two and this has been the practice since the collapse of
feudalism (Brown, 2015). The author emphasized that employment laws have a
uniform purpose to protect employees’ rights and set forth employers’ obligations and
responsibilities. Also, they have multiple functions, with core functions of providing
equal opportunity and pay, employees’ physical and mental well-being and safety and
workplace diversity.
Employment laws in Nigeria are classified into Individual labour laws and
Collective labour laws. While Individual labour laws cover: categories of employees,
individual contract of employment, rights and duties, remuneration, working time,
annual and maternity leaves etc., Collective labour laws deal with: freedom to form or
belong to trade unions, relationship between trade unions and employers or their
associations, collective bargaining, industrial actions including strikes and lock outs
etc. (Ahmed, Ahmad & Idris, 2014).
Employment laws and the level of compliance by privately owned
universities in Nigeria
Lack of legally constituted work relationship
It is unfortunate to mention that most lecturers in privately owned universities are
yet to get their employment contract document issued to them by the institution that
engage their services despite being engaged for more than three months. Meanwhile,
Section 7 of the Labour Act provides that:
Not later than three months after the beginning of a worker's period of employment
with an employer, the employer shall give to the worker a written statement specifying
the following:
• The name of the employer or group of employers and where appropriate of the
undertaking by which the employee is employed.
• The name of the employee, address, position to be occupied, and the date of
engagement.
• The nature of the employment.
• If the contract is for a fixed term, the date when the contract expires.
• The appropriate period of notice to be given by the party wishing to terminate the
contract.
Princess Adaeze Chuku-Ashiegbu
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• The rate of wages and method of calculation and the manner and periodicity of
payment.
• The terms and conditions relating to the hours of work, holiday pay, and conditions
for incapacity to work due to sickness, injury, inclusive of provisions of sick pay.
• Leave allowance, medical and other special allowances to be accrued.
Unlawful mode of employment termination
Another salient provision of the Labour Act that most privately owned institutions
do not adhere to has to do with the mode of termination of employment relationship. It
is clearly stated in Section 11 of the Labour Act provides that the termination of a
contract of employment should be by the issuance of notice in writing. It states that
either party to a contract of employment may terminate the contract on the expiration of
a notice given by him to the other party of his intention to do so. Unfortunately, these
set of university terminate the job of a lecturer at will without following due process.
Meanwhile, Section 11 stipulated the following procedure to be issued based on the
provisions of the law:
• One day, where the contract has continued for three months or less.
• One week, where the contract has continued for more than three months but less
than two years.
• Two weeks, where the contract has continued for two years but less than five
years.
• One month, where the contract has continued for five years or more.
Inadequate compliance of the reformed Pension Act 2014
Most organisations, especially privately owned tertiary institution, do not comply
with the demands stipulated in this act. To some privately owned universities, no
pension scheme is being operated, while most of the university that have engaged the
services of a registered pension administrator do not remit their part of the contributory
pension fund, meanwhile, the administrator constantly withdraw from the lecturers as
their salaries are paid for the month. Section 1 of the Act provides that the objectives of
the Act include establishing a uniform set of rules, regulations, and standards for the
administration and payments of retirement benefits for the public service of the Federal
Capital Territory, the public service of the state governments, the public service of the
local government councils and the private sector. It also includes making provisions for
the smooth operations of the Contributory Pension Scheme. Section 2 of the Act further
provides that the private sector employers with fifteen (15) or more employees must
establish a Contributory Pension Scheme for the benefit of the employees, wherefrom
retirement benefits would be paid to the employees. Section 2(3) of the Act provides:
that notwithstanding the prescribed mandatory minimum threshold stated, private
sector employers with less than three (3) employees or self-employed persons are also
entitled to voluntarily establish schemes, following guidelines issued by the National
Pension Commission.
The Act in Section 4 provides that the minimum rate of contribution payable by the
employer is 10% of an employer’s monthly remuneration and 8% of an employee’s
monthly remuneration to be contributed by the employee. The rate of contribution
payable may also upon the agreement between the employer and employee be revised
upwards from time to time and when such a situation arises, the Commission will be
notified of the revision.
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Inability to constitute a union
Trade unions in Nigeria and elsewhere represent important institutions through
which collective labour relation is practiced. They regulate relations between
employers on one hand and employees (through their elected representatives) on the
other. Since the two parties to a contract of employment do not operate at arms-length
i.e., the employee being the weaker of the parties, the only way through which the
interests of the employees can be collectively and adequately protected is through
vibrant trade unions which are the umbrella bodies of workers in particular
organizations (Kenen, 2020).
Ideally, trade unions exist to foster industrial peace and harmony, the laws relating
to trade unions showed that registered trade unions are to be compulsorily recognized
by employers and adequately equipped to maintain equilibrium between employers and
employees with a view to promoting industrial peace and harmony. But this seems to
be a far cry for lecturers in privately owned universities in Nigeria, as such act is highly
prohibited.
Meanwhile according to the statutory definition, in Section 1(1) of the Trade
Unions Act, Trade Union means:
Any combination of workers or employers, whether temporary or permanent, the
purpose of which is to regulate the terms and conditions of employment of workers,
whether the combination in question would or would not, apart from this Act, be an
unlawful combination by reason of any of its purposes being in restraint of trade, and
whether its purposes do or do not include the provision of benefits for its members.
Also, Sub-section 2 of the Act further provides:
The fact that a combination of workers or employers has purposes or powers other than
the purpose of regulating the terms and conditions of employment of workers shall not
prevent it from being registered under this Act; and accordingly, subject to the
provisions of this Act, as to the application of funds for political purposes, a trade
union may apply its funds for any lawful purpose for the time being authorized by its
rules, including in particular, if so authorized, that of providing benefits for its
members.
Labour inspection and enforcement of employment laws
The strength of inspection and enforcement of the Nigerian employment laws is
laughable. This is because punitive measures stipulated to correct defaulters as stated in
the Factory Act 2004 make mockery of any serious government expecting adequate
compliance of its laws designed to protect its citizens who have been gainfully
employed. For example, the Factory Act 2004 states that the occupation of a factory
without approval is punishable by a fine of 2000 or a 12-month imprisonment or both
(Section 3(4)). False entries, false declarations and forgery are subject to a fine of 2000
(Section 72).
Also, where worker dies compensation is valued at 5000. Other crimes not
expressly provided in the act (Section 70) are punishable by a fine of 500. The fine for
the obstruction of an inspector is another paltry sum valued at 1000 (Section 65(5)).
Where accidents occur and are not reported a fine of 1000 is payable (Section 51). The
monetary value of these fines does not reflect modern day realities. These fines are too
paltry and have no real deterrent effect in the 21
st
century. These fines can be easily
paid over and again as such defeating its purpose in the first place.
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Concluding recommendations
In conclusion, the following recommendations can be made:
1. The Nigerian government through the inspection functions of the Ministry of
Labour should: (a) secure the enforcement of the legal provisions relating to conditions
of work and the protection of workers while engaged in their work; and (b) supply
technical information and advice to employers and workers concerning the most
effective means of complying with the legal provisions. The government should
rigorously enforce the provisions of the existing labour laws prescribing minimum
conditions of employment and processes of collective bargaining. In this connection,
the provisions of the labour laws relating to the protection of wages, contracts of
employment, and terms and conditions of employment should be enforced in order to
ensure that workers are not exploited by unscrupulous employers of labour.
2. Laws that do not guaranty the provision of adequately constituted welfare
package for the lecturers should be repealed.
References
Ahmed, A. B., Ahmad, A. A. & Idris, N. M. (2014): Emerging trends in Labour Law and
Industrial relations in Nigeria. International Journal of Humanities and Social Science,
4(11), 32-42.
Brown, M. E. (2015): Labour laws in Nigeria: A study of the disciplinary procedure in the
Federal Poly-technics Act. SCSR Journal of Educational Research, 1(1), 42-43.
Hosseini, M., Mahdad, A. & Golparvar, M. (2013): Analysis of the relationship between
perceived organizational support with perceived job stress and deviant behaviors based on
structural equation modelling. Journal of Social Psychology, 8(28), 65-73.
Kenen, E. A. (2020): Trade union Laws and labour relations in Nigeria: A critical examination.
Makurdi: University Press.
Nasiri, P. A. A., Tabibi, J. & Habibi, M. (2012): Relationship of welfare facilities with
responsibility in the staff of health centers in the city of Noor. Health and Hygiene
Magazine, III(III), 28-37.
Nigerian legislations
Industrial Training Act, Cap. (L9), Laws of the Federation of Nigeria, 2004.
Section (1), Trade Unions Act, Cap. (T14), Laws of the Federation of Nigeria, 2004.
Sections (1) (2) (4) of the Pension Reform Act No. 64, 2014.
Sections (3) (4) (61) (65) (70) (72) of the Factories Act, Cap. (F1), Laws of the Federation of
Nigeria, 2004.
Sections (7) (11) (91) of the Labour Act, Cap. (L1), Laws of the Federation of Nigeria, 2004.
Trade Dispute Act, Cap. (T8), Laws of the Federation of Nigeria, 2004.
Princess Adaeze Chuku-Ashiegbu, Lecturer, Rivers State University, Nigeria