Section 68-72 of the Nigerian Labour Act 2004
Section 68, 70, 71, 72 of the Nigerian Labour Act 2004 is under Part III (Special Classes Of Worker And Miscellaneous Special Provisions) of the act, and collectively titled ‘Registration, employment exchanges, etc.‘.
Section 68 of the Labour Act 2004
Registration of employers
(1) The Minister may make regulations for the registration of employers.
(2) Regulations made under this section may-
(a) provide for the registration of employers (or specific classes of employers) generally or in specific areas to be prescribed in the regulations;
(b) prescribe the manner of, and conditions for, registration and the person by whom and the manner in which the register is to be maintained;
(c) prescribe the circumstances in which employers may be refused registration or struck off the register;
(d) without prejudice to the generality of paragraph (c) of this subsection, provide for employers to be refused registration or to be struck off the register, as the case may be, if they Fail to comply with conditions specified in the regulations;
(e) prohibit the employment of citizens as workers by unregistered employers;
(f) impose penalties for contraventions of the regulations not exceeding a fine of N1,500 or imprisonment For a period of two years, or both; and
(g) contain such incidental or related provisions as the Minister thinks necessary or expedient.
Section 69 of the Labour Act 2004
(1) Where the Minister has agreed with the representatives of the employers’ and workers’ organisations within an industry or area as to the desirability of establishing a scheme for labour within that industry or area he may make an order, if he thinks fit, in respect of the industry or area in question.
(2) Where an order is made under subsection (1) of this section in respect of an industry or area-
(a) it shall be the duty of every employer who is engaged in the industry or ordinarily has a place of business in the area, as the case may be, to apply for registration in accordance with any regulations made under subsection (5) of this section;
(b) every industrial worker under the age of fifty-five years who is employed in the industry or, as the case may be, is ordinarily resident in the area shall be liable to compulsory registration under those regulations if an order is made in respect of him under paragraph (c) of this subsection;
(c) the Minister may by order require any class or classes of industrial workers to whom paragraph (b) of this subsection applies to present themselves for registration in
such manner, at such place and within such times as may be specified in the order; and
(d) the Minister may by order forbid such employers as are mentioned in paragraph (a) of this subsection (or any specified class thereof)-
(i) to carry on business in the industry or area, as the case may be, unless they are registered accordingly, or
(ii) to employ industrial workers (or any specified class thereof) in the industry or area, as the case may be, unless the workers are registered accordingly.
(3) An authorized labour officer, where he is satisfied than an employer who has not applied for registration in pursuance of subsection (2) (a) of this section is a person who ought to have done so, may by notice in writing call upon the employer to apply accordingly.
(4) For the purposes of subsection (2) (b) of this section, an industrial worker-
(a) shall be presumed to be under the age of fifty-five years unless he satisfies an authorized labour officer to the contrary; and
(b) if he is present in an area to which an order made under subsection (1) of this section applies, shall be presumed to be ordinarily resident in that area unless he satisfies an authorized labour officer that he is residing there for some temporary purpose only.
(5) The Minister may make regulations for the purposes of this section-
(a) establishing offices for the registration of employers and industrial workers;
(b) prescribing forms of application for registration and certificates of registration, and such other forms as may be needed for the purposes of the regulations;
(c) providing for the issue of certificates of registration and their replacement if lost or destroyed;
(d) prescribing the particulars to be furnished on application for registration and on registration;
(e) prescribing the duties of registered persons and others in respect of certificates of registration; and
(f) prescribing fees and providing generally for registration under this section.
Section 70 of the Labour Act 2004
The Minister may make regulations-
(a) authorizing the establishment of registration offices, to be known as employment exchanges, at which industrial workers may attend for registration and make application for employment and to which employers may notify vacancies;
(b) providing for the issue of certificates of registration and identity to registered industrial workers and the replacement, on payment of such fee as may be prescribed, of any such certificates when lost or destroyed;
(c) prescribing the particulars to be furnished on registration;
(d) providing for the taking of photographs and fingerprints of registered industrial workers as a means of identification;
(e) regulating or restricting the numbers of registered industrial workers employed, either generally or in specified businesses or undertakings;
(f) prescribing the duties of registered persons and others in respect of certificates of registration and identity;
(g) requiring employers in such occupations as may be specified to furnish returns of such matters relating to the employment of workers as may be specified; and
(h) prescribing fees to be charged under the regulations.
Section 71 of the Labour Act 2004
Fee-charging employment agencies
(1) No person shall establish or operate a fee-charging employment agency save with the written consent of the Minister.
(2) The Minister may make regulations providing for the supervision and control of fee-charging employment agencies and prescribing the scale of fees which they may charge.
(3) In this section, “fee-charging employment agency” means-
(a) an agency conducted by any person who acts as an intermediary for the purpose of procuring employment for a worker or supplying a worker to an employer with a view to deriving either directly or indirectly any pecuniary or other material advantage from either employer or worker; or
(b) an agency for conducting the placing services of any company, institution, agency or other organisation which, although the agency is not conducted with a view to obtaining any pecuniary or other material advantage, levies from either employer or worker for those services an entrance fee, a periodical contribution or any other charge,
but excludes any organisation for the production of newspapers (or other publications) which are not produced wholly or mainly for the purpose of acting as intermediaries between employers and workers.
Section 72 of the Labour Act 2004
(1) Any person who with intent to deceive-
(a) gives any false particulars for the purposes of section 69 (1) to (4) of this Act or any regulations made under section 69 (5) or 70 of this Act; or
(b) forges a registration certificate of the kind provided for in any such regulations; or
(c) uses a forged certificate of that kind; or
(d) lends to or allows to be used by another person a certificate of that kind; or
(e) makes or has in his possession any document so closely resembling a certificate of that kind as to be calculated to deceive; or
(f) uses or displays a certificate of that kind which has not been issued to him,
shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N1,000 or to imprisonment for a period not exceeding one year, or to both.
(2) Any employer or industrial worker who contravenes section 69 (2) of this Act, any employer who fails to comply with a notice under section 69 (3) of this Act and any
person who contravenes section 71 (1) 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 six months, or to both:
Provided that, in any proceedings under this section for such a contravention or for a failure to comply with such a notice, it shall be a defence for the accused to prove that the contravention or failure was due to circumstances beyond his control.
(3) In any proceedings under this section in relation to an industry or area, it shall be presumed until the contrary is proved that the accused-
(a) if he is an employer, is engaged in the industry or ordinarily has a place of business in the area, as the case may be; and
(b) if he is an industrial worker, is under the age of fifty-five years and is engaged in the industry or ordinarily resident in the area, as the case may be.