Section 45-47 of the Nigerian Labour Act 2004

Section 45-47 of the Nigerian Labour Act 2004

Section 45, 46, 47 of the Nigerian Labour Act 2004 is under Part II (Recruiting) of the act, and collectively titled ‘Enforcement provisions‘.

Section 45 of the Labour Act 2004

Inducing recruiting by fraud, etc.

(1) No person shall by fraud, falsehood, intimidation, coercion or misrepresentation induce any worker to enter into a contract under this Part, and any contract entered into by reason of any such inducement shall be void, save that the employer or his agent shall be liable to pay wages due under the contract and to provide for the return to his place of abode of any worker engaged thereunder, together with any members of his family who have accompanied him.

(2) If the employer or his agent fails to pay the wages in question or to provide for the return of the worker and the members of his family in accordance with subsection (1) of this section, the wages shall be paid, and the expenses of the return shall be borne, by the Federal Government, and real be recovered by that Government from the employer or his agent by deduction from any deposit or security given under section 24 (7) of this Act or by civil proceedings.

Section 46 of the Labour Act 2004

Neglect or illtreatment

SEE ALSO  Section 54-58 of the Nigerian Labour Act 2004

(1) Any employer who neglects or ill-treats any worker whom he has contracted to employ in accordance with this Part of this Act shall be guilty of an offence, and on conviction shall be liable to a fine not exceeding N500 or to imprisonment for a period not exceeding one year, or to both.

(2) Where an employer or his agent is convicted of any offence under subsection (1) of this section, the convicting court shall report the case to the Minister, who may by notice in the Federal Gazette cancel any contract into which the employer or his agent may have entered in accordance with this Part of this Act.
(3) Any cancellation under subsection (2) of this section shall have effect from the date of the publication of the relevant notice.

(4) Every worker whose contract has been cancelled under subsection (2) of this section shall be maintained and conveyed to his place of abode (together with any members of his family who have accompanied him) at the expense of the Federal Government, and all sums reasonably expended upon the maintenance and conveyance, together with any wages due to the worker under the cancelled contract, may be recovered from the employer or his agent by deduction from any deposit or security given under section 24 (7) of this Act or by civil proceedings.
(5) The cancellation of a contract under this section shall not prevent the taking of legal proceedings in respect of the contract under this or any other enactment.

SEE ALSO  Section 66-67 of the Nigerian Labour Act 2004

Section 47 of the Labour Act 2004

Other offences

(1) Any person who-
(a) recruits or attempts to recruit any citizen contrary to section 23 of this Act; or
(b) contravenes or fails to give effect to any special condition or restriction endorsed on an employer’s permit granted under section 24 of this Act, or a recruiter’s licence granted to him under section 25 of this Act; or
(c) being a holder of a recruiter’s licence, recruits citizens for a person who is not a holder of an employer’s permit; or
(d) induces or attempts to induce, or assists or offers to assist, any citizen to leave Nigeria in order to be employed as a worker outside Nigeria otherwise than under a contract which conforms with section 40 of this Act; or

(e) engages or offers or agrees to employ or to find employment for any citizen as a worker outside Nigeria except under a contract which conforms with section 40 of this Act; or
(f) fails to surrender to the Minister an employer’s permit in the circumstances mentioned in paragraph (a) and (b) of section 41 of this Act; or
(g) contravenes section 26, 27, 29 or 30 of this Act (or any direction issued thereunder),
shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N2,000 or to imprisonment for a period not exceeding five years, or to both.

(2) Any employer or employer’s agent who fails to offer a return passage in compliance with section 38 (2) of this Act shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N200; and any repatriation expenses incurred by the Federal Government as a result of the failure may be recovered by that Government from the employer or employer’s agent by deduction from any deposit or security given under section 24 (7) of this Act or by civil proceedings.

SEE ALSO  Section 86-92 of the Nigerian Labour Act 2004

Credit: https://www.lawyard.ng/wp-content/uploads/2015/11/LABOUR-ACT-2004.pdf

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Inioluwa Olaposi

Hi, there. I'm Inioluwa, founder of LawHub NG. I study Law at Obafemi Awolowo University, Nigeria. And I am interested in entrepreneurship and human development. Contact me at Inioluwa@lawhub.com.ng.

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