CHAPTER 13: - Right to Work: - Article 15 1. Constitutional, Legislative and Judicial Measures  Though the 1999 Nigeria Constitution does not contain explicit provisions on the right to work, it nevertheless provides under chapter 2, sections 16 and 17 read together as follows that: a) The state shall, within the context of economic objectives (section 16) protect the right of every citizen to engage in any economic activities (including the production, distribution and exchange of wealth or of major sectors of the economy; b) The state shall direct its policy towards ensuring that: - all citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment; conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life; the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused; there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever; children, young persons and the age are protected against any exploitation whatsoever, and against moral and material neglect. 2. Judicial Intervention Recently, both the Supreme Court and the Court of Appeal held that termination of contract of employment and dismissal from employment as well as collective agreement in labour/employment matters must comply with due process of law and principles of natural justice: - See Aji v. CBDA (2015)16 NWLR (Pt.1486)P.564; NDLEA v. Zakari (2015) 7 NWLR (Pt.1458)p.361; NSE v. Ozah (2015)6 NWLR (pt. 1454)p.76; FBN Plc v. Mmoka(2015)6 NWLR (Pt.1456)p.507. 3. Employees/Workmen’s Compensation Act 2011 makes it compulsory for an employer to pay compensation to his/her employee or his dependants who suffers from death, injury, disease or disability arising from or in the course of employment, among others. Hence, the new Act provides for a more open and fair system of guaranteed and adequate compensation, thereby creating a room for harmonious industrial relationships between labour unions and employers in both the public and private sectors. i. Other Employment/Labour Legislations are: - The Labour Act makes provisions for the protection of wages, contracts of employment and terms and conditions of employment; the Factories Act provides for the registration of factories, to provide for factory workers and other professionals exposed to occupational hazards and to make adequate provisions regarding the safety of workers; the Trade Unions Act makes provisions with respect to the formation, registration and organization of Trade Unions; the Trade Disputes Act makes provisions for the expeditious settlement of trade disputes and other matters ancillary thereto; the Nigerian Maritime Labour Act, 2003 regulates the activities of seafarer employers, stevedoring companies, dockworkers and other maritime workers; the Social Insurance Trust Fund Act operates the social security system of assistance to the less privileged members of society and aims at cushioning the effect of uncertainties brought about by death, disability and old age; the Pension 68

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