LABOUR RIGHTS INDEX 2022

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LRI 2022
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lri 2022 Country Profiles

Nigeria

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Nigeria’s overall score is 26.5 out of 100. The overall score for Nigeria is lower than the regional average observed across Sub-Saharan Africa (64.4). Within the Sub-Saharan Africa region, the highest score is observed for Guinea (80.5).

Nigeria ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1960.

Labour Rights Index 2022

29/100

LRI Country Score

0/100

Trade Union Indicator

- %

Trade union density rate (%)

- %

Collective bargaining coverage rate (%)

2.9

SDG indicator 8.8.2

1

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

§40, Constitution 1999; §9(6), Labour Act 1971 (Cap L1 LFN 2004); §3 & 11,Trade Unions Act (Cap. T14 2004)

A

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§91, Labour Act 1971 (Cap L1 LFN 2004); §3, 16 & 48-49, Trade Disputes Act (Cap.432 LFN 1990); ITUC Global Rights Index 2022, Nigeria profile

A / C

Does the law provide for the right to strike?

No

0

§18, 43 & 48 (first schedule), Trade Disputes Act (Cap.432 LFN 1990)

A

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

§18 & 43 of the Trade Disputes Act (Cap.432 LFN 1990); §31(7), Trade Unions Act (Cap. T14 2004)

A

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

National Labour Legislation
§11 of Trade Unions Act (Cap. T14 2004)

11. Members of armed forces, police, etc., prohibited from forming or joining tradeunion(I) This section applies in relation to the following establishments, that is to say-[1989 No. 25.](a) the Nigerian Army, Navy or Air Force;(b) the Nigeria Police Force;(c) the Customs Services, the Immigration Services and the Prison Services;(d) the Customs Preventive Service;(e) the Nigerian Security Printing and Minting Company Limited;f) the Central Bank of Nigeria;(g) the Nigerian Telecommunications Limited;(h) every Federal or State government establishment the employees of which areauthorised to bear arms; and(i) such other establishments as the Minister may, from time to time, by orderspecify.(2) It shall not be lawful for persons employed in any of the establishments to whichsubsection (I) of this section relates to combine, organise themselves, or to be membersof a trade union, for purposes of employment, but nothing in this section shall be construed as preventing the selling up of joint consultative committees in the establishmentsconcerned.(3) As from the date of commencement of this Act, every trade union, which was inexistence or which would have continued to be in existence as from that date but for theprovisions of this Act, shall cease to exist and the certificate of registration of such tradeunion shall, within thirty days of the coming into operation of this Act, be surrendered bythe trade union to the Registrar, who shall take such steps in relation to the distribution ofthe assets of the trade union as he deems necessary or in accordance with its rules.

Violations

National Labour Legislation / ITUC Global Rights Index 2022
§49 of Trade Disputes Act (Cap.432 LFN 1990)

49. Application of Act to workers employed by or under the State other thanarmed forces, police, etc.(1) Subject to subsection (2) of this section, this Act shall apply to workers employedby or under the Government of the Federation or a State as it applies to persons employedby a private person.(2) This Act shall not apply to-(a) any member of the Nigerian Army, Navy or Air Force;(b) any member of the Nigeria Police Force;(c) any officer of whatever rank appointed to carry out duties within the meaningof the Customs and Excise Management Act, the Immigration Act and thePrisons Act;[Cap. C45. Cap. I). Cap. P29.](d) any member of the Customs Preventive Service;(e) any member of any other service of the Federal or State Government authorised to beararms,

ITUC Global Rights Index 2022, Nigeria profile

The Trade Disputes Act does not apply to any officer appointed to carry out duties within the meaning of the Customs and Excise Management Act, the Immigration Act and the Prisons Act, or any member of the Customs Preventive Service (section 49, Trade Disputes Act). No alternative collective bargaining framework covering these workers was identified.

Violations

National Labour Legislation
§48 (first schedule) of Trade Disputes Act (Cap.432 LFN 1990)

FIRST SCHEDULE[Section 48.]Essential services1. The public service of the Federation or of a State which shall for the purpose of this Actinclude service in a civil capacity, of persons employed in the armed forces of the Federationor any part thereof, and also, of persons employed in an industry or undertaking (corporate orincorporate) which deals or is connected with the manufacture or production of materials foruse in the armed forces of the Federation or any part thereof.2. Any service established, provided or maintained by the Government of the Federation or aState, by a local government council, or any municipal or statutory authority, or by privateenterprise-(a) for, or in connection with, the supply of electricity, power or water, or of fuelof any kind;(b) for, or in connection with, sound broadcasting or postal, telegraphic, cable,wireless or telephonic communications;(c) for maintaining ports, harbours, docks or aerodromes, or for, or in connectionwith, transportation of persons, goods or livestock by road, rail, sea, river orair;(d) for, or in connection with, the burial of the dead, hospitals, the treatment of thesick, the prevention of disease, or any of the following public health matters,namely sanitation, road-cleansing and the disposal of night-soil and rubbish;(e) for dealing with outbreaks of fire.3. Service in any capacity in any of the following organisations-(a) the Central Bank of Nigeria;(b) the Nigeria Security Printing and Minting Company Limited;(c) any body corporate licensed to carryon banking business under the Banks andother Financial Institutions Act.

Violations

National Labour Legislation
§18 of the Trade Disputes Act (Cap.432 LFN 1990); §31(7), Trade Unions Act (Cap. T14 2004)

18. Prohibition of lock-outs and strikes before issue of award of National IndustrialCourt(1) An employer shall not declare or take part in a lock-out and a worker shall nottake part in a strike in connection with any trade dispute where-(a) the procedure specified in section 4 or 6 of this Act has not been complied within relation to the dispute; or(b) a conciliator has been appointed under section 8 of this Act for the purpose ofeffecting a settlement of the dispute; or(c) the dispute has been referred for settlement to the Industrial Arbitration Panelunder section 9 of this Act; or(d) an award by an arbitration tribunal has become binding under section 13 (3) ofthis Act; or(e) the dispute has subsequently been referred to the National Industrial Courtunder section 14 (1) or 17 of this Act; or(f) the National Industrial Court has issued an award on the reference.(2) Any person who contravenes subsection (1) of this section shall be guilty of anoffence and be liable on conviction-(a) in the case of an individual, to a fine of N100 or to imprisonment for a term ofsix months;( b) in the case of a body corporate, to a fine of N1 ,000.(3) It is hereby declared that where a dispute is settled under the foregoing provisionsof this Act either by agreement or by the acceptance of an award made by an arbitrationtribunal under section 13 of this Act, that dispute shall be deemed for the purposes of thisAct to have ended; and accordingly any further trade dispute involving the same matters(including a trade dispute as to the interpretation of an award made as aforesaid by whichthe original dispute was settled) shall be treated for the purposes of this section as a differenttrade dispute. “31. Admission of further trade unions to membership of registered federation(7) Any person, trade union or employer who contravenes any of the provisions ofthis section commits an offence and is liable on conviction to a fine of NoI0,000 or sixmonths imprisonment or to both the fine and imprisonment.”