Casual/Contract Labour

Casual/contract labour also known as undocu
mented employment is a popular type of employment in highly industrialised countries. A number of sections in the labour Act specify types of temporary jobs and also, persons to be employed to perform such jobs, and the location as well as duration of the jobs. Section 74 subsection 3, CAP 198 of the labour Act, specifically restricts casual 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 measures, maintenance
3.    The construction and of local roads and paths;
4.    The construction and maintenance of town or village fences;
5.    Other communal services of similar kind in the direct interest of the inhabitants of the town or village,
It is worthy of note that none of the jobs described above will take upward of ten years to be completed, but employers in Nigeria engage casuals for periods ranging from 5-10 years in cities like Port Harcourt.
Section 7 subsection 1 of the labour Act states that: not later than three months after the beginning of a worker’s period of employment with an employer, the employer shall give to the worker a written statement specifying:
1.    The name of the employer or group of employers, and where appropriate, 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 of a fixed term, the date when the contract expires.
5.    Appropriate period of notice to be given by the party wishing to terminate the contract.
6.    The rates of wages and method of calculation thereof and the manner and periodicity of payment of wages.
7.    Any term and condition relating to:
(i)    Hours of 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 conditions for the contract should there be any alteration to any part of this statements the employer is required by subsection 2A-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 this is not the practice engaging casual workers for more than three months is illegal.
I submit therefore that the practice of casual labour has not been in conformity with the provisions of the Nigerian labour Act, and no one can defend the legality of what is clearly at variance with the provision of the law.

Nkechi Bright Ewere