lanaVello:

No source or authority for these rights?

SOURCES OF THESE EMPLOYEES RIGHTS
(LABOUR ACT OF 2004)

1. section 1(1a) of the labour Act
2. section 2 of the labour Act
3. section 4(1).....
4. section 5(1)......

PrimadonnaO:


Excellent! Thanks.

you are welcome.

KNOW YOUR RIGHTS AS AN EMPLOYEE(MORE)

1) An employer owes his employee a duty of care to provide a safe working environment, safe working equipment and safe system of working.

2) Any employer who breaches this duty is liable to the employee for any injury suffered as a result of the breach.

3) The employer may, however, not be liable where the injury was as a result of the employee’s own negligence or disregard for instructions.

4) An employer is vicariously liable for the wrongful acts of his employee.

5) The wrongful act must have occurred in the normal course of the employment.

6) The casual agent of another will be liable just like his employee.

7) The employer will be liable for the wrongful act of the servant, even if he was sacked later.

The victim is entitled to sue both master and employee jointly or separately for damages.

9) Independent contractors may not be deemed to be servants unless the wrongful act was expressly ordered by the employer.

10) There’s no vicarious liability in crime.

#preawin.org#

PrimadonnaO:
@Preawin. Kindly elaborate on recognised deductions.

Recognized/Allowable salary deductions:
If you are covered by the Employment Act, your employer can deduct your salary only for specific reasons or if required by authorities.

*Types of deductions allowed*
Your employer can deduct your salary only for the following reasons:

* For absence from work. For a monthly-rated employee, your salary may be deducted for authorised and unauthorised absence. Calculate your deductions for:
For authorised absence (incomplete month) .
For unauthorised absence (gross rate of pay).

* For damage or loss of goods or money. Your salary will be deducted if you damage or lose goods or money that you are responsible for. Before deducting your salary, your employer should:
Hold an inquiry to determine if you are directly at fault.
Not make any deductions until you have had the opportunity to explain the cause of the damage or loss.
Not deduct more than 25% of your 1 month's salary. The deduction must be made as a one-time lump sum payment.

* For cost of meals supplied at your request.

* For supplying accommodation, amenities and services that you have accepted. Deductions must not exceed the value of the item supplied and 25% of your 1 month's payable salary.

* For recovering advances, loans or overpaid salary.

* For advances, your employer can deduct your salary in instalments spread over not more than 12 months. Each instalment should not exceed 25% of your salary for the salary period.

* For loans, your employer can deduct your salary in instalments. Each instalment should not exceed 25% of your salary for the salary period.

* For overpaid salary, your employer can recover the full amount from you.

* For CPF contributions.

* For contributions to a scheme at your written request. The scheme must be lawfully established for the benefit of employees and approved by the Commissioner for Labour. Examples include a superannuation scheme or provident fund.

* For payments to any registered co-operative society with your written consent.

* For any other purpose. Your employer must first  get approval for the deduction from the Minister for Manpower.
[quote author=PREAWIN post=66709359]MORE OF YOUR RIGHTS AS AN EMPLOYEE.

1. The salary of all employees must be paid by legal tender, i.e., in Naira and kobo.

2. No employer can dictate to you about how, where and when to spend your salary.

3. Your employer is not permitted to pay you salary advance of more than one month.

4. Only recognized deductions can be made from your salary.

PrimadonnaO:
@Preawin. Kindly elaborate on recognised deductions.

Recognized/Allowable salary deductions:
If you are covered by the Employment Act, your employer can deduct your salary only for specific reasons or if required by authorities.

*Types of deductions allowed*
Your employer can deduct your salary only for the following reasons:

* For absence from work. For a monthly-rated employee, your salary may be deducted for authorised and unauthorised absence. Calculate your deductions for:
For authorised absence (incomplete month) .
For unauthorised absence (gross rate of pay).

* For damage or loss of goods or money. Your salary will be deducted if you damage or lose goods or money that you are responsible for. Before deducting your salary, your employer should:
Hold an inquiry to determine if you are directly at fault.
Not make any deductions until you have had the opportunity to explain the cause of the damage or loss.
Not deduct more than 25% of your 1 month's salary. The deduction must be made as a one-time lump sum payment.

* For cost of meals supplied at your request.

* For supplying accommodation, amenities and services that you have accepted. Deductions must not exceed the value of the item supplied and 25% of your 1 month's payable salary.

* For recovering advances, loans or overpaid salary.

* For advances, your employer can deduct your salary in instalments spread over not more than 12 months. Each instalment should not exceed 25% of your salary for the salary period.

* For loans, your employer can deduct your salary in instalments. Each instalment should not exceed 25% of your salary for the salary period.

* For overpaid salary, your employer can recover the full amount from you.

* For CPF contributions.

* For contributions to a scheme at your written request. The scheme must be lawfully established for the benefit of employees and approved by the Commissioner for Labour. Examples include a superannuation scheme or provident fund.

* For payments to any registered co-operative society with your written consent.

* For any other purpose. Your employer must first  get approval for the deduction from the Minister for Manpower.

MORE OF YOUR RIGHTS AS AN EMPLOYEE.

1. The salary of all employees must be paid by legal tender, i.e., in Naira and kobo.

2. No employer can dictate to you about how, where and when to spend your salary.

3. Your employer is not permitted to pay you salary advance of more than one month.

4. Only recognized deductions can be made from your salary.

KNOW YOUR RIGHTS AS AN EMPLOYEE (CONTINUES)

 Staff is entitled to be informed if his appointment is confirmed or not.

 Unless otherwise stated in the contract paper, an employee is entitled to presume that his appointment has been confirmed if he is allowed to continue working for the employer after the period stipulated for probation.

 Promotion, commendation or winning an award during the period of probation is not conclusive evidence that the appointment has been confirmed.

 Subject to the contract of employment, a probationary appointment may be terminated at any time, without any reason adduced by the employer.

 An employee on probation is entitled to the protection which the law or the contract agreement affords him.

 A probationary staff is entitled to be paid salary upon termination of employment.

 A probationary staff is not entitled to be reinstated even if the termination is unlawful.

 All trade unions must be registered before they can function.

 The general purpose of trade union is to enhance collective bargaining for employees or employers, as the case may be.

 All employees are entitled to join or refuse to join any trade union or take part in trade union activities at the designated hours and places.

 Employers are not entitled to victimize or prejudice any employee on account of trade union activities.

 Members of armed forces, para-military organizations, etc are not permitted by law to form or join trade unions.

 Workers have a right to picketing, and it will not give rise to civil or criminal liability.

 All workers have a right to strike, upon complying with the requisite procedures.

 Workers on essential services are not allowed to go on strike without first giving at least 15 days’ notice of intention.

 No law empowers an employer to dismiss his employees for striking, so long as that strike is not illegal, violent or prejudicial to the employer.

 The only punishment provided under the law for employees going on strike is no-work no-pay.

 Industrial arbitration is provided for under the law, where labour disputes could be referred to the Industrial Arbitration Panel.
#preawin.org#

EMPLOYEES’ RIGHTS

1) Generally under the law, recruiters and employers must have a license or permit, except the employer does not employ more than 25 workers or the recruitment is carried out within 40 kilometers from the place of employment.

2) No public officer is permitted to act as a recruiting agent.

3) No recruiter is allowed to recruit any young unless so permitted by the Minister.

4) No citizen is to be employed unless he has been medically examined by a registered medical practitioner at the expense of the employer.

5) It is an offence to induce any worker to enter into any contract of employment by fraud, falsehood, coercion or intimidation.

6) No citizen is allowed to leave Nigeria under a contract of employment outside the country except he has been medically examined and certified fit for the work.

7) A worker is entitled to be accompanied by his family members to his place of work.

An employer is generally under a duty to provide work to a worker who shows up at his work place and is fit for the work.

KNOW YOUR FUNDAMENTAL RIGHTS.
Freedom From Beating, Long Detention, Threats, Harassments Etc.

It is wrong, unlawful and unconstitutional for the Police to torture their suspects under any guise and for any reason whatsoever. This is not only so under Nigerian laws, but also under African and United Nations Charters on Human Rights. So, this is recognized worldwide.
Nigerian policemen are fond of torturing their suspects in order to force them to “confess”. Some of the torture methods used include the following:

i. Flogging & Beating – This is the most commonly used means of torturing a suspect, whereby the suspect is subjected to serious flogging with cane, cables, horsewhip, rod, planks, etc, or dealt physical blows and kicks.

ii. “Hanging” – It is the method by which a suspect is tied to the ceiling fans, or the ceiling fan hook and left there. Atimes, the ceiling fan is switched on in order to rotate and thereby make the suspect dizzy. Atimes too, the suspect is tied hands back and suspended with a pole between two drums.

iii. Using Wooden Pallets Stuffed With Nails – Here, the Police deliberately place wooden pallets with protruding nails on the floor of a dark and enclosed cell. They then engage in flogging the suspect so that in the process of the struggle, the suspect steps on the nails.

iv. Using Electrical Shock – This is a method where the suspect is flogged with a live and exposed cable thereby triggering electric shocks therefrom. The suspect may also have exposed electric wires strapped around him which are then connected to electric sockets intermittently, generating electric shocks on the suspect.

v. Shooting On The Leg – This is common with officers of the various Special Anti-Robbery Squads (SARS). Here the suspect is deliberately shot on the leg or ankle, to extort confessional statements from him. It is common in the court rooms to see suspected armed robbers with bullet wounds on their legs. Investigations revealed that most of those bullet wounds were inflicted in the course of interrogation, to extract confessional statements from the suspects. But the Police would rather claim that the bullet wounds were sustained during exchange of gunfire before the suspects were arrested. Under the law, such manner of interrogation is unlawful.

vi. Inserting Sharp Objects Into The Private Part – Some officers also engage in inserting sharp objects like broomstick, nails etc, into the private part of the suspect to make him confess. The pains from this can be better imagined.

vii. Detention With Hardened/Condemned Criminals – Another means of torture is where the officer deliberately detains a suspect in the same cell with hardened or condemned criminals, who then subject the suspect to serious beating, torture and agonies, on the instructions or instigation by the police officer. This is torture by proxy..

THE RIGHT TO ASK COURT FOR INJUNCTION FROM INCESSANT ARREST AND DETENTION

Where you have been unlawfully detained and there is a likelihood or threat that you may still be detained unlawfully again by the same person or authority, then you may approach the court to grant you an injunction to stop the person or authority from the incessant arrest and detention.

This weapon is most appropriate where the person carrying out the unlawful detention is a uniformed personnel or police officer. You may ask for an order of injunction if you can show to the court that the officer has detained you several times without just cause, and that you may still be detained further. The court would grant an injunction to restrain such officers from further detaining you if you can provide sufficient facts and evidence. Where such officer disobeys the court order, you may ask the court to commit him to prison for the disobedience. No one is above the law.

Please note that you have the remedy of any or a combination of some of the above. This means you can choose to adopt any or a combination of the above means to enforce your right if you have been unlawfully detained. Your lawyer will advise you better.

Under the law also, you can still enforce that right even if you have been released by the person or authority. You don’t have to be presently in detention before you can enforce your right against unlawful detention. The detention could also have occurred in the recent past, may be a year or so ago. Just be sure you have enough evidence of the unlawful detention and then inform your lawyer.
Again, you do not have to have suffered physical injury or any material loss for you to claim compensation.

It does not matter whether the person who unlawfully detained you treated you nicely or did not torture or molest you. All the court needs is just for you to provide evidence that the arrest or detention was unlawful, and that is all. Mind you, further evidence of torture, abuse or material loss will influence the court in awarding higher compensation.