Legal implications of employment casualisation in Nigeria: A cross-national comparison

Abstract

A review of existing labour laws in Nigeria reveals the vulnerability of the casual worker whose existence is neither contemplated nor regulated by law. Casual workers are not given the same benefits (such as compensation for injuries arising in the course of employment, right to belong to trade unions and bargain collectively and various social security benefits) that accrue to permanent employees. In addition, they are paid less and often subjected to unfair labour practices. Through content analysis and literature review this article undertakes an examination of the peculiar issues that have escalated the severity of casualisation on the Nigerian workforce. The work conducts a succinct cross-national comparison of legal frameworks regulating non-standard work in other jurisdictions and pinpoints apposite provisions for judicial and legislative emulation. It is made apparent from empirical survey that Government is caught between the economic necessity to support business investments and the agitation by organized labour to protect the workforce from exploitation. The work contends that casualisation is not bad in itself. By making equitable laws and policies, ensuring their vigilant enforcement, regulating labour-outsourcing companies and ensuring access to justice for aggrieved workers, it is possible to palliate its cruel impact on the workforce.

Key words: Casualisation, employment, Nigeria, legal