Amended Labour Act Seeks To Punish Employers Who Discriminate Against Married Women, Others

Hard time awaits employers who discriminate against married women, provide environment for child labour and create circumstances for modern-day slavery in Nigeria.

A Bill sponsored by Senator Ezenwa Francis Onyewuchi and titled “Labour Act Amendment Bill 2020”, seeks to sanitise the labour market by proposing higher fines for erring employers.

Section 58 of the legislation proposes the sum of N200,000 and N100,000 for employers who deny maternity protection and employment of women in underground work or mines in contrast with the Present Fine of N200 for the first offence and N100 for second or subsequent offences.

Describing the fines in the present Labour Act as obsolete and out of touch with modern realities, the Bill also moved to prohibit Child Labour in the country as contained in Section 64 of the document which proposes a stiffer fine of N200,000 as against the present N100 for the employment of young persons in unreasonable circumstances such as industries.

The legislation, which scaled second reading at the Senate on Tuesday, proposes in Section 21, a fine of N500,000 and N1,000,000 from the present fine of N800 and N500 for first and second offences relating to “Breach of terms and conditions of employment”, as it relates to the wage-hour, nature of employment, leave, contracts of employment, among others.

In Section 46, the Bill also proposes a fine of N500,000 as against N500 for neglect or ill-treatment of workers by employers; N500,000 and N1,000,000 for recruitment of employees without an employee’s permit or recruiters license in the new Section 47, as against the present fine of N200 for the first offence and N2000 for second or subsequent offences.

For Section 53 in the amendment bill, a fine from N500 for the first offence and N200 for second or subsequent offences to N300,000 and N200,000 for inducement of apprentice to leave service of employment.

The piece of legislation was amended in Sections 67 and 68 by proposing a fine of N250,000 as against N1,500 for breach of regulations of the Minister as they relate to Labour health areas and registration of employers.

Also, the amendment bill in Section 72 reviewed the fines for offences committed by persons with intent to deceive in the employment of labour from N1000 for the first offence and N500 for second or subsequent offences to N300,000 and N200,000, respectively.

The bill proposes stiffer penalties in Section 73 to address forced labour by reviewing upward the present fine of N1000 for first offence and N200 for second or subsequent offences to N300,000 and N200,000.

In Section 74 which provides for the Breach of regulations made by the Minister concerning Labour required in emergencies and for communal obligations, the bill raised the fine from N200 for first offence and N10 for second or subsequent offences to N30,000 and N10,000.

Also, the Labour Act amendment bill in Section 75 and 76 on contravention of records of wages and conditions of employment; returns and statistics of employees were amended to propose a N 300,000 fine as against the present N200.

Whereas, in Sections 85 and 88 of the Principal Act (costs in court and fines for regulations made by the minister), the present fine of N50 for the first offence and N500 for second or subsequent offences was reviewed to N50,000 and N500,000.

The Senate Committee on Employment, Labour and Productivity Chaired by Senator Abdullahi Kabir Barkiya would understudy the Bill for further legislative work, and report back to the Senate within four (4) weeks