The Incorporation of Collective Bargaining Agreement in Individual Employment Contract in Nigeria
The question of whether collective bargaining agreement is enforceable without incorporation into the employment contract of employees has remained confusing in Nigeria. The lack of clarity from the courts has created confusion on the extent of enforceability of collective bargaining agreements and...
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| Main Authors: | , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://repo.uum.edu.my/id/eprint/30456/1/SOLAS%20VI_2022_71_75.pdf https://repo.uum.edu.my/id/eprint/30456/ |
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| Summary: | The question of whether collective bargaining agreement is enforceable without incorporation into the employment contract of employees has remained confusing in Nigeria. The lack of clarity from the courts has created confusion on the extent of enforceability of collective bargaining agreements and ignited the continuous industrial disharmony in Nigeria. Based on the foregoing, the paper examined the position of the law in Nigeria in light of the conflicting decisions of the Supreme Court of Nigeria in BPE Vs. DANGOTE CEMENT PLC and that of the National Industrial Court in PENGASSAN Vs. MRS OIL NIGERIA PLC & Others. Using doctrinal legal research method, the paper found that the interpretation of the courts on the enforceability of collective bargaining in Nigeria is based on the old principle of common law, which states that collective agreement is not legally binding on the parties unless it has been integrated into the employment contract based on privily of contract. The position of the courts has immensely contributed to the non-implementation of collective bargaining agreements in Nigeria, especially in the public sector. The non-implementation has created instability in the workplace which continues to stunt the country's economic development. The study concludes that based on international labour instruments and global practice, it is not required for the parties to incorporate collective agreements in specific employment contracts before it becomes enforceable. Moreover, a worker does not need to be a signatory to a collective agreement in order to enforce the agreement against their employer. Therefore, the Nigerian Supreme Court should reconsider its earlier position on the non-enforceability of collective bargaining without incorporation into individual employment contracts of employees. |
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