Most times, employers, staff unions, Human Resources departments/units, and professionals consider new developments in labour and employment law and related matters as synonymous with the judgment of the National Industrial Court of Nigeria and the review of various labour and employment-related domestic laws and regulations.
In addition to the judgments of the court, and review of laws and regulations, there are eleven Fundamental Conventions and Treaties that inform new developments in labour and employment globally.
These amendments are considered new developments in labour and employment law and related matters that employers, organized staff unions, Human Resources departments and units must take note
For instance, before 2022, according to the International Labour Organisation (ILO) official website, the ILO Governing Body had initially identified eight “fundamental” Conventions covering subjects that were considered to be fundamental principles and rights at work: freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; and the elimination of discrimination in respect of employment and occupation. These principles were also covered by the ILO Declaration on Fundamental Principles and Rights at Work (1998).
Read also: ILO seeks end to child labour by 2025
Following the adoption of the Protocol of 2014 to the Forced Labour Convention, of 1930, a ninth ILO instrument was considered “fundamental”. At the 110th Session of the International Labour Conference in June 2022, the ILC adopted a Resolution on the inclusion of a safe and healthy working environment in the ILO’s framework of fundamental principles and rights at work.
As a result, the ILO Declaration on Fundamental Principles and Rights at Work, 1998, was amended. The Occupational Safety and Health Convention, 1981 (No. 155) and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) are now considered fundamental Conventions within the meaning of the 1998 Declaration, as amended in 2022.
These amendments are considered new developments in labour and employment law and related matters that employers, organized staff unions, Human Resources departments and units must take note of.
These eleven fundamental conventions may be further reviewed in subsequent publications. Meanwhile, they are highlighted below.
1. Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) – It was adopted at the 31st International Labour Convention on July 9, 1948, came into force on July 4, 1950, and contains Parts I to IV and 21 articles. It covers subject matter like Freedom of Association and Protection of the Right to organize. It was ratified by Nigeria on October 17, 1960, still in force and binding on Nigeria
2. Right to Organize and Collective Bargaining Convention, 1949 (No. 98) – This was adopted at the 32nd International Labour Convention session on July 1, 1949, came into force on July 18, 1951, and contains 16 articles. It covers subject matter like the Protection of Workers, the Right to organize and join unions, etc, It was ratified by Nigeria on October 17, 1960, still in force and binding in Nigeria.
Read also: How companies can reduce Nigeria’s high rate of child labour – ILO
3. Forced Labour Convention, 1930 (No. 29) (and its 2014 Protocol) – It was adopted at the 14th International Labour Convention session on June 28, 1930, came into force on May 1, 1932, and contains 33 articles. It covers subject matter like the Suppression of Forced Labour.
The original text of the Forced Labour Convention, 1930 (No. 29), made reference to a transitional period during which recourse to forced or compulsory labour might be subjected to specific conditions, as set out in Article 1, paragraphs 2 and 3, and Articles 3 to 24.
Over the years, the Governing Body, the International Labour Conference, and the ILO supervisory bodies, such as the Committee of Experts on the Application of Conventions and Recommendations, acknowledged that these provisions, commonly known as “transitional provisions,” were no longer applicable.
In 2014, the International Labour Conference adopted a Protocol to Convention No. 29, which expressly provided for the deletion of the transitional provisions. It was ratified by Nigeria on October 17, 1960, still in force and binding in Nigeria.
4. Abolition of Forced Labour Convention, 1957 (No. 105) – It was adopted at the 40th International Labour Convention session on June 25, 1957, came into force on January 17, 1959, and contains 10 articles. It was ratified by Nigeria on October 17, 1960, still in force and binding in Nigeria.
5. Minimum Age Convention, 1973 (No. 138) – It was adopted at the 58th International Labour Convention session on June 26, 1973, came into force on June 19, 1976 and contains 18 articles. It covers subject matter like the abolition of child labour, etc, It was ratified by Nigeria on October 2, 2002, still in force and binding in Nigeria.
6. Worst Forms of Child Labour Convention, 1999 (No. 182) – It was adopted at the 87th International Labour Convention session on June 17, 1999, came into force on November 19, 2000, and contains 16 articles. It focuses on the prohibition and elimination of the worst forms of child labour. It was ratified by Nigeria on October 2, 2000, still in force and binding in Nigeria.
7. Equal Remuneration Convention, 1951 (No. 100) – It was adopted at the 34th International Labour Convention session on June 29, 1951, came into force on May 23, 1953, and contains 14 articles. It was ratified by Nigeria on May 8, 1974, still in force and binding in Nigeria.
8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111) – It was adopted at the 42nd International Labour Convention session on June 25, 1958, came into force on June 15, 1960, and contains 14 articles It was ratified by Nigeria on October 2, 2002, still in force and binding on Nigeria.
9. Occupational Safety and Health Convention, 1981 (No. 155) – It was adopted at the 67th International Labour Convention session on June 22, 1981, came into force on August 11, 1983, and contains 30 articles. It covers subject matter like occupational safety, occupational health, the working environment, etc, It was ratified by Nigeria on May 3, 1994, still in force and binding in Nigeria.
10. Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) – It was adopted at the 95th International Labour Convention session on June 15, 2006, came into force on February 20, 2009, contains 14 articles, and covers the subject matter like occupational safety and health to prevent occupational injuries, diseases, and deaths, etc, It was ratified by Nigeria on November 2, 2008. Stopped being in force and would be in force on November 3, 2023
Adekola is the team lead/founder, Taitum Legal Practitioners. [email protected], +2348165299774
