Schedule – Nigerian Labour Act 2004
Transitional and Saving Provisions
- Permits and licences granted under sections 65 and 70 respectively of the repealed Act shall, if they were in force immediately prior to the commencement of this Act, continue in force on the same terms and conditions but shall be subject to this Act; and accordingly no such term or condition shall prevail against any provision of this Act.
- Contracts of employment which were in force immediately prior to the commencement of this Act shall remain in force on the same terms and conditions, but shall be subject to this Act; and no such term or condition shall prevail against any provision of this Act unless an authorized labour officer on the application of a party to the contract in question decides that the interests of the parties or the circumstances of the case require that the term or condition in question shall so prevail.
- Where a fee-charging employment agency was in operation immediately before the commencement of this Act, section 71 (1) of this Act shall not apply to the agency-
(a) for a period of ninety days (or such longer period as the Minister may allow) after the commencement of this Act, or
(b) if the person operating the agency applies within that period for the Minister’s consent under the said section 71 (1) of this Act, until the application has been disposed of.
- Any subsidiary legislation made or deemed to have been made under the repealed Act which was in force immediately before the commencement of this Act shall remain in force, subject to any necessary modifications, as if it had been made under this Act, and may be added to, amended, revoked or varied accordingly.
- Within the twelve months following the commencement of this Act the Minister may by order make any further transitional or saving provisions (not inconsistent with this Schedule) which appear to him to be necessary or desirable.
- In this Schedule “the repealed Act” means the Labour Code Act i repealed by section 90 (1) of this Act.