Oluwasegun21:

I agree wit u.oral form of employment was done but come to think of it,who does dat in d century? Dat firm should be shut down

If the coy is shut down will your govt provide alternative? where a father cant provide for his kid he shouldnt complain how outsiders provide for them

Oluwasegun21:

Sue? Stop joking.What proff does he have dat he works for the firm? Dnt u get it, he doesnt have an employment contract.

You should know that employment letter is desirable, but not a must when you have other means of proving your being employed. Identity Card, business card, Note of fees on salary, staff register, etc.
the guy can still prove his case if he wants to. Though he may not be reinstated, cos he is on a personal service; he may only get his salary in lieu and/or damages for unlawful termination.

U can do that rubbish in their country but they can do that to us in our country, its sickening

Kobicove:


I think most times new employees are just happy to get a new job that they do not bother insist on getter a letter of employment out of fear that they will annoy their new employers

That's just the problem. A good company, however, would readily give letter of employment just to notify their employees of the 'terms and conditions', perks, benefits, and other necessary things they feel employees should know. Indians, Chinese and other crazy Asian folks working here can be cruel that they would passively deny you legal rights by not providing a letter which could be used against them in the nearest future.

Sanchez01:

That's one mistake some job seekers make. They revel and delight at their new job that they forget certain documentations between them and the company they're employed to serve. I might love the company I work with, but I'd never rule the possibility of a legal path in the nearest future. One should always go the extra mile to request for this. If the company refuses in the end, that should serve as a pointer before anything else.

It's desperation that causes it....

Oluwasegun21:
Pls was it stated in his employment contract dat he was to work on public holidays? If nt, if he wants to take d case up,he can contact me. Dats unlawful termination of employment contract. He would get conpensated by d firm if he takes d case to NIC. employees need to know their rights.

ur on point brother, let him take the case to NLC, he will definitely win, what kind of rubbish is this.

Contract or no contract, the guy at least had colleagues when he was with the company, those are witnesses. He must also had taken some selfies or group pictures while working with them, and bank alert for salaries of jobs done, those are exhibits. And some other documents too. OP if your friend can, he should sue them. You can't just fire someone anyhow without tangible reason in this recession.

Justnora:


Waste of time and paper. Tell your friend to post the sack letter and any other evidence all over social media make sure Nairaland and Linda Ikeji carry the news trust me you won't need to write NLC go carry the matter if you write all they can do is bribe those people.

Lastly no matter the type of job you are doing alaeys have evidence you are staff even an ID

The only sensible comment

Muafrika2:

There are people who work over holidays and weekends. You'll see my point when you get a job.

Sincerely, i read comment of some people here and i couldn't stop shaking my head.

The truth is that, the company is not a public organization. Policy of organizations varies and people that have received offer letters from various private organization will attest to the fact that even if your offer letter stated that you are to work from monday to friday aside public holidays, there is a clause which is always embedded in majority of organizations offer letter that "employee can be ask to work on long hours or their job schedule can change depending on nature and requirement of the job at particular point in time"

The clause above alone gives the organization power to ask employee to come to work as at when they deem fit because if it eventually lead to court case, the argument will be that the requirement of the job warrant you coming to work during public holiday.

Sanchez01:

That's one mistake some job seekers make. They revel and delight at their new job that they forget certain documentations between them and the company they're employed to serve. I might love the company I work with, but I'd never rule the possibility of a legal path in the nearest future. One should always go the extra mile to request for this. If the company refuses in the end, that should serve as a pointer before anything else.

Bros...they are a 1001 ways to prove employment..salary evidence...any form of allowances..even the sack letter..as a matter of fact any form of communication between the parties during the duration of work....and the law is on his side because the coy didn't state any terms so general terms are applicable...he just need to pursue it

You work there so your case shouldn't be different. Why were you not sacked? Did you go to work on that day? Herein lies who is guilty.

figoperch:


So what do you want nairalanders to do? For all I care, you have just fabricated a story.

Correct bro. He can't mention the coy or location yet he is reporting the case. What exactly does he want now? To condemn the entire Indian coy in Nigeria on nl by nlders? I suspect blackmail. Perhaps he is the one sanctioned for doing something illicit.

martinz1:
Inform nigerian labour congress

I wish that will work. I once worked in an asian coy in warri. There were issues bordering on joining the labor union. The union cam and inaugurated us. The Coy fought back and all those who champion unionism lost their job. The union turned their back on thee sacked workers.

My question now is: What is the value of Nigerian citizenship? Why is it no leader in this country commits to improving the worth of Nigerian citizenship?

snakie86:


Sincerely, i read comment of some people here and i couldn't stop shaking my head.

The truth is that, the company is not a public organization. Policy of organizations varies and people that have received offer letters from various private organization will attest to the fact that even if your offer letter stated that you are to work from monday to friday aside public holidays, there is a clause which is always embedded in majority of organizations offer letter that "employee can be ask to work on long hours or their job schedule can change depending on nature and requirement of the job at particular point in time"

The clause above alone gives the organization power to ask employee to come to work as at when they deem fit because if it eventually lead to court case, the argument will be that the requirement of the job warrant you coming to work during public holiday.

Well put

That how Indian behaves , i remember when a colleague of mine was given a suspension for talking to an indian harshly, The HR of that company who is a Nigerian was busy looking for a replacement and other Nigerians are busy happy that there colleagues is going to be sacked. Can you imagine. Arrant nonsense. They treat Nigerian like slaves and they pay Nigerian stipend . Our government are not helping matters . How can you be paying a graduate 20k, 30k etc. Too bad

I'm sure he meant "EYE SERVICE" We have people like that everywhere.

ZACHIE:


When will this HIGH SERVICE stop sef?
It is a bad thing
What service can you give when you are high on gbana?
Ban high service please..

snakie86:


Sincerely, i read comment of some people here and i couldn't stop shaking my head.

The truth is that, the company is not a public organization. Policy of organizations varies and people that have received offer letters from various private organization will attest to the fact that even if your offer letter stated that you are to work from monday to friday aside public holidays, there is a clause which is always embedded in majority of organizations offer letter that "employee can be ask to work on long hours or their job schedule can change depending on nature and requirement of the job at particular point in time"

The clause above alone gives the organization power to ask employee to come to work as at when they deem fit because if it eventually lead to court case, the argument will be that the requirement of the job warrant you coming to work during public holiday.

Bro, I'm sure some people making comments have either not worked b4 or have not come of working age. Most organisations (public or private) that are productivity-driven sometimes work even on Christmas days and any other public holidays. I travelled by air on Christmas day and u know what that means, the aircrew members were onboard. Call customer care of most organisations on public holidays, go to hospitals etc. The services may be skeletal but the services are still rendered by humans. Are they saying those working on those days aren't human beings? Mtchewww.

This is Nairaland, not rupeeland, If I say anything against the Indians and a stupid mod bans me, then i know Nigerians need redemption

Sanchez01:

Most coys give out employment letters to their contract staff and they are often strict and rigid with the conditions. Unfortunately, your colleague can't do much as he has no evidence of being employed by the company in question, let alone cheated.

he has evidence now, I mean plenty of it. Even though he's not been given employment letter what about his salary account? If he's not working for them will they be paying him monthly? The agreement can be verbal and not necessarily written. He should go to office of public defender

Oluwasegun21:

Sue? Stop joking.What proff does he have dat he works for the firm? Dnt u get it, he doesnt have an employment contract.

Is a written employment contract the sole proof of employment? These will suffice:

1. Witness accounts

2. Interview/confirmation email records

3. Copy of the notice of his termination which was placed on the notice board.

Remember, Equity regards as done, that which ought to have been done. Which means that if he can prove the elements that i listed, then in the sight of the law it is as though there was a written contract.

However suing for wrongful termination is somewhat tenuous given that your employer is usually not forced to grant you leave from work on public holidays. This is actually a privilege, and if he was directly ordered to show up and refused to do so then that is sufficient grounds for termination.

hizaya61:
Dear friends, my eyes has seen many rubbish working with Indians, they maltreat we blacks as if the country belong to them. yesterday they sacked a co-worker for not coming to work on "January 2nd" public holiday, which was posted by the hr manager on the notice board. after he reported the issue to the hr manager that the head of the department "Nigerian" said they have sack him, the hr manager said there's nothing he can do. the so called "union" and the black management staff cant even say anything because the level of high service is 1000% they are always afraid of confronting this Indians, then i use to hear of people talking about modern slavery now i also have experienced it. one day very soon they will started putting chains in our hands and legs. i guess the hr manager is suppose to handle issues like this or am i wrong ?

What kind of job does your friend do?
What are his responsibilities in the workplace?
what is in his work conditions of service and what did he sign?
I worked many years with the oilfield public holidays, festive days, family occasions etc were mere dates that did not have to tamper with your work.
The only things that would pass are your health, or close family like mother, father, wife and children issues not brother or sister.
That has helped me when running my own business to always ensure that service is available to the customer.

Benjom:
The information you provided here is vague. You'll do well to mention the name and location of the company in question at least.

I guest it is in ..... Indians and Lebanese are been considered first class citizen.

kabrud:


Bro, I'm sure some people making comments have either not worked b4 or have not come of working age. Most organisations (public or private) that are productivity-driven sometimes work even on Christmas days and any other public holidays. I travelled by air on Christmas day and u know what that means, the aircrew members were onboard. Call customer care of most organisations on public holidays, go to hospitals etc. The services may be skeletal but the services are still rendered by humans. Are they saying those working on those days aren't human beings? Mtchewww.

I didn't want to delve into the aspect you mentioned above so much, more reason why i give a general overview of working conditions (With signed Offer letter or Not) of organizations which is always embedded in employee offer letter.

Do they even know that some bankers goes to work on public holidays be it christmas or sallahs? Same goes to other sector of the economy. Even some civil servants that work in specific parastatals do go to work too depending on their job schedule and requirement of their work

Oluwasegun21:
Ignorance is killing us in this part of d world. How do u work without an employment contract? No mata d form of employment,it is compulsory by law dat at max 3 months of employment,an employee should be given an employment letter. A contract is wat binds the employment lawfully which can be taken to the court when there is a breach of contract. How then do u negotiate employment contract if it is nt put to paper in ur firm?

Oga, lots of big companies in Nigeria do not give their employees employment contract.

Oluwasegun21:
Ignorance is killing us in this part of d world. How do u work without an employment contract? No mata d form of employment,it is compulsory by law dat at max 3 months of employment,an employee should be given an employment letter. A contract is wat binds the employment lawfully which can be taken to the court when there is a breach of contract. How then do u negotiate employment contract if it is nt put to paper in ur firm?

It has nothing to do with ignorance. It is the circumstances each person finds his or herself. if you have looked for job for a long time and you finally find one and they just asked you to resume without a letter. You'll do if you don't have any other option.

It is left for the Ministry of Labour to enforce this labour laws or provide a good avenue for people to report non-compliance.

I know a lot of people working without an employment letter. I cant asked them to resign as i don't have another job to offer them. What most people does is just to keep working there with the hope of later moving to a better and standard company when the opportunity comes. And if the opportunity still does not come, they will just be there.

Richy4:


Where in the world will someone commenced to work in an Establishment without an employment letter?
How will he get to know how much he's being paid....and all the dos and Don'ts of the establishment.....So he did not sign to indicate that he has accepted to work with them....

Are you sure you are of working age and living in Nigeria?? A lot of small companies do not give employment letter. A sizable number of private schools inclusive. Its only people that have option of another job or have just started job search that declines such offers.

Desperate job seekers usually take the offer with the mind of moving on when a better offer comes.

You either reject or accept the offer. There is no one to report to. A lot of people without any other option usually takes such offer in good fate.

harveyspec:


what of ID card?

pay slips

statement of account showing credit in the name of the company

HE HAS ID CARD AND PAY SLIP.

iukpe:


What kind of job does your friend do?
What are his responsibilities in the workplace?
what is in his work conditions of service and what did he sign?
I worked many years with the oilfield public holidays, festive days, family occasions etc were mere dates that did not have to tamper with your work.
The only things that would pass are your health, or close family like mother, father, wife and children issues not brother or sister.
That has helped me when running my own business to always ensure that service is available to the customer.

STORE ATTENDANT.

Some jobs require you to come to work on public holidays.

How would you feel if you rush a sick patient to a hospital and the patient dies because the doctor did not come to work on that day. I am sure you will be clamouring that the hospital be shut down or the Doctor sacked or imagine you have a cancelled flight because flight attendants failed to come to work. I know we like holidays in Nigeria. Your friend would have notified his Boss earlier to inform him/her of his inability to come on that day. This could have been easily averted.

Well to know if your friend have a case, does your friend run shift? Do they pay overtime for public holidays? Can you also share what was written by the HR manager. Most companies with put a clause like "connect with your manager to understand the plan"

dejirule:
Some jobs require you to come to work on public holidays.

How would you feel if you rush a sick patient to a hospital and the patient dies because the doctor did not come to work on that day. I am sure you will be clamouring that the hospital be shut down or the Doctor sacked or imagine you have a cancelled flight because flight attendants failed to come to work. I know we like holidays in Nigeria. Your friend would have notified his Boss earlier to inform him/her of his inability to come on that day. This could have been easily averted.

Well to know if your friend have a case, does your friend run shift? Do they pay overtime for public holidays? Can you also share what was written by the HR manager. Most companies with put a clause like "connect with your manager to understand the plan"

THEY PAY #1000 FOR PUBLIC HOLIDAYS, BUT ITS NOT BY FORCE ITS WILLINGLY.

mamatayour:
he has evidence now, I mean plenty of it. Even though he's not been given employment letter what about his salary account? If he's not working for them will they be paying him monthly? The agreement can be verbal and not necessarily written. He should go to office of public defender

Lol... It own't fly, believe. Where is the 'document' binding them in the first place. Was there initial agreement that he could be fired unjustly? Was he given conditions that, if flouted, would cost him his job? If yes, where was it stated? In the place of verbal agreement, who were there as witnesses? The Chinese guys or whoever could have their lawyer claim he was due to resign on that day and should he counter it, what is his evidence to counter the claim? Was he required to work on holidays ab initio? There is a reason most people would want everything in writing, documented and archived. He does not have any proof that he is being treated unjustly. It's a lost cause.

He has evidence, yes. But what was the initial agreement, cum condition between himself and the company?