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Employer’s Liability To His Employee Under The Nigerian Contract Of Employment
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TERMS OF A CONTRACT OF EMPLOYMENT
The terms of the contract of employment can be derived from the
individual contract itself, collective agreement and
legislations.Besides this, the terms of a contract also depends largely
on the intention of the parties, as they are free to agree upon the
contents or terms of their employment relationship. The terms of
contract relates to those statements, express or implied, by which the
employer and the employee intend to guide their employment relationship.
The term defines the rights and duties of obligations and liabilities
arising from the relationship. As stated above, there are express or
implied terms . The express terms include: Hours of work14 travel to
work,15wages and control of wages. The Implied obligation of employer
include: To pay wages,16To treat employee with due respect; provision of
work for the employee; Safety of the employee at work; Provision of
references; To indenify the employee.17.
Some implied duties of the
employee include: The duty of obedience; 18 Dutyto exercise skills and
reasonable care;19 duty to render honest and faithful service; Avoid
secret profit and personal gain; competition.Avoid misuse of
confidential information.20
The contractual terms may be oral
or written, but important contents of a contract ofemployment are as a
matter of practice and prudence, made in writing and the terms
documented properly.[6]
1. Chitty, general principles of contracts (24thED) london: sweet&Maxwell,1977
2. R.K salman, A critical analysis of rights of employer& employee under the Nigeria contract of employment
3. (1914) ALL E.R. 522 at 535
4. Nigerian Labour Act, No 1974, Section 91 (1)
5. ACB ltd v. APUGO (1995) 6 NWLR (pt.399) 65
6. (1911) A.C. 188
7. Labor Act, cap 14, LFN, 2004, Section 91.
8. A critical Analysis of rights of employers & employees under contract of employment
9. Labor Acts, cap 14, LFN 2004, section 91
10. (1951) ALL E.R 574
11. (1978) 2 LRN 268
12.
D.D. Odumosu, landmarks in Nigeria Labour law (OAU) inaugural lecture
series 86 (1987) p: 6, cited by D. N. EmeWorugji, introduction to
individual Employment Law in Nigeria 1st ed. (Calabar: Adorable
press 1999) p. 34
13. A.A Adeogun, The Legal Framework of industrial relations in Nigeria (1969), cited I. N. EmeWorugji,
Note 12
14. Labor Act, Cap 14,LFN, 2004,section 13 (1)
15. SECTION 14 1BID
16. S.F peters of oron v. H.E. symmons (1924)5 NLR 79
17. Gregory V. Ford (1951) ALL E.R 121
18. Laws v. London chronicle ( Indicators Newspapers) Ltd
(1959) 2 ALL E.R 285
19. Hammer v. Cornelius, (1858)141 E.R 91
20. Rob v. green (1895) 2 Q.B 315 at 317.
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ABSRACT - [ Total Page(s): 1 ]The laws which govern employment occupy a position of considerable importance in any modern society. This is so because of the tremendous contributions which workers can make to national growth and development, as well as the general well-being of the nation’s citizenry. Labour law has a vital role to play in the mobilization of the work force for national growth. The major players in employment are essentially-the employer and the employee and whenever there is a contractual relationship ... Continue reading---
