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Casual Labour

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Casual labour, which is also known as undocumented employment, is a popular type of employment in highly industrialised countries. The Labour Act, specifies different types of temporary jobs and persons to be engaged to perform such jobs and location stipulated as well as duration of the jobs.
Section 74 (3) CAP 198 of the Labour Act specifically restricts causal jobs to a village or town for the purpose of;
1. The construction and maintenance of buildings used for communal purposes, including markets but excluding juju houses and places of worship.
2. Sanitary measure;
3. Construction and maintenance of local roads and paths;
4. The construction and maintenance of towns and village fences;
5. The construction of communal wells and other communal services of similar kind in the direct interest of the inhabitants of the town or village.
Note that none of the jobs described above will take 10 years to be completed, but employers in Nigeria engage casuals for periods ranging from 5 to 10 years in cities like Port Harcourt.
Section 9 (1) of the Labout Act states that not later than three months after the beginning of a workers period of employment with an employee, the employer shall give to the worker a written statement specifying the following;
1.The name of the employer or group of employers and where appropriate, of the undertaking by which the worker is employed.
2.The name and address of the worker and the place and date of his engagement;
3.The nature of the employment;
4. If the contract is for a fixed term, the date the contract will expire;
5. Appropriate period of notice to be given by the party wishing to terminate the contract.
6. The rate of wages and method and calculation thereof and the manner and periodicity of payment of wages.
7. Any term and condition relating to:
i) Homes and work
ii) Holidays and holiday pay, or
iii) Incapacity for work due to sickness or injury, including any provision for sick pay.
8. Any special condition for the contract. Should there be any alteration to any part of these statements, the employer is required by subsection 2 (a-b) of section 7 of the Act to inform the worker in writing.
The law conceded three months for employers to engage people without formalising their relationship, but no part of the Labour Act permits any employer to engage anybody beyond that period without regularising his/her status. From the provisions of the existing Labour Act in Nigeria, casual labour, if it means these categories of workers engaged by employers to work for them without formal engagement notices for periods exceeding three months is illegal. I submit therefore that the practice of casual labour has not been in conformity with the provisions of the Act and no one can defend the legality of what is clearly at variance with the provisions of the law.

 

Nkechi Bright-Ewere

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Law/Judiciary

Police Arraign Two Over Cultism, Breach Of Peace

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Two men, were yesterday brought before a Yaba Chief Magistrates’ Court in Lagos for allegedly belonging to an unlawful society and causing breach of peace in their neighbourhood.
The defendants; Donald Benjamin, 24, and Matthew Nwafor, 23, are facing a three-count charge of conspiracy, breach of peace and belonging to an unlawful society.
The duo, however, pleaded not guilty to the charges.
The Police prosecutor, Sgt. Modupe Olaluwoye, told the court that the defendants committed the offences at about 2 a.m., on January 1, at Owode-Ibeshe area of Ikorodu, Lagos.
According to her, the defendants, who were members of a secret society known as “Aiye” celebrated New Year’s Day by scattering the shops in neighbourhood, setting up burn-fires and using matchetes to chase people away from the area.
She said that during the chaos, the defendants and their accomplices still at large were also throwing fireworks at people and on their houses.
“The two defendants had thrown fireworks (Knockout) on a man who then fell into a gutter while trying to run away from it.
“The man was one of the many people that got injured that morning and he alerted the police on the activities of the  cultists in the area,” Olaluwoye said.
According to her, the  offences contravened Sections 41, 168 (d) and 411 of the Criminal Laws of Lagos State, 2015 (Revised).
Our source reports that section 41 prescribes three years imprisonment for the offence of belonging to an unlawful society, while Section 411 provides two-year for conspiracy.
The Magistrate, Mrs Oluwatoyin Oghre, granted bail in the sum of N 50,000 each to the duo, with one surety each in the like sum.
Oghre said that the sureties must be gainfully employed and show evidence of three years tax payment to the Lagos State Government.
She adjourned the case until June 2 for mention.

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FRSC Moves To Prosecute Traffic Offenders In Badagry

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The Federal Road Safety Corps (FRSC), Badagry Command, says a mobile court will sit today in Badagry to try road traffic offenders before a Magistrate Court.
The FRSC’s Unit Commander, Mr Babatope Agbaje, made this known when he and his team visited the Chairman of Badagry Local Government, Mr Olusegun Onilude.
According to Agbaje, erring offenders arrested by officials of the corps will face an on-the-spot sanction by the magistrate court as stipulated by the extant traffic rules and regulations.
He called for the cooperation of all stakeholders including traditional rulers in and around Badagry, road transport unions members, security agencies and other relevant bodies.
Responding, Onilude commended the untiring efforts of the command and the corps in general at saving lives and property on the roads.
He reassured the corps of the cooperation of people of Badagry and their readiness to continually obey traffic rules.
He warned that any motorist caught contravening traffic laws would have a fair trial at the court to serve as deterrent to others.
Onilude also advised men of the command not to be overzealous in the discharge of their duties, urging the general public to support FRSC’s fight against road traffic crashes on Nigeria Roads.

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Cleaner In Court For Killing Three-Year-Old Baby

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A prosecution witness, Insp. David Abu, has told a High Court in Lagos that a former cleaner of a nursery school, Rukayat Amisu, negligently sat a three-year-old on the edge of a container filled with hot water while feeding her.
Testifying, during cross-examination by the defendant’s counsel, R.A. Babatunde, Abu, alleged that the defendant was not happy when the proprietor asked her to feed the child.
The witness also said the defendant made no attempt to rescue the child when she fell inside the container containing the hot water.
However, the witness did not give any definite answer when asked if the defendant was aware that container was filled with hot water, since she was a cleaner and not one of the kitchen attendants.
After listening to the testimony, Justice Adedayo Akintoye, adjourned the case untill March 10 for continuation of trial.
Our legal source reports that Amisu, was on March 4, 2019 charged with manslaughter.
She pleaded not guilty and was remanded in prison.
Earlier, the Lagos State Prosecution counsel, Mr Babatunde Sunmonu, told the court that the defendant committed the alleged offence on October 21, 2015, at 10am at Olab Private School, at No. 11, Idowu St., Lagos Island.
He said that the defendant unlawfully killed one three-year-old Aliyah Ahmed by negligently allowing her to be burnt by hot water.
He said the defendant negligently sat the little girl on top of a container containing hot water, while feeding her.
He said the girl fell inside the hot water.
According to him, the offence contravened the provisions of Section 227 of the Criminal Law Lagos State, 2011.

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