What is labour relation?<\/p>\n
It is the system that attempts to regulate labour relationship\u00a0 (employers, employee & state) in society.<\/p>\n
It consists of various parties that are involved in power relations.\u00a0 The vehicle or mechanisms through which the parties seek to exert\u00a0\u00a0 their authority or influence over the others are:<\/p>\n
\u00b7Collective bargaining<\/p>\n
\u00b7Recognition of agreement.<\/p>\n
\u00b7Workplace disciplinary \/ grievance procedure<\/p>\n
\u00b7Legislative framework: laws which impact on rights\/duties of\u00a0 parties, determine the voluntary\/compulsory nature of\u00a0 legislation.<\/p>\n
\u00b7Worker participation.<\/p>\n
\u00b7Dispute resolution.<\/p>\n
The interplay of these factors determines the character of labour\u00a0 relations regime. Anyone of the following could be the defining\u00a0 characteristic:<\/p>\n
\u00b7Authoritarianism – denial of rights.<\/p>\n
\u00b7Acrimony\/Disputes – state of anarchy.<\/p>\n
\u00b7Dominated by ruling class.<\/p>\n
\u00b7Unfriendly to workers – unfair laws & poor remunerations.<\/p>\n
\u00b7Non-respect for collective agreement – weak tripartism.<\/p>\n
\u00b7Restrict\/restrain free collective agreement.<\/p>\n
\u00b7Capitalism.<\/p>\n
Forms of Labour Relations<\/p>\n
Labour relation is informed by sets of beliefs that determine the\u00a0 society\u2019s political, social and economic relationships – the\u00a0 ideological base of society. There are two extremes:<\/p>\n
1.Individualism<\/p>\n
This is characterised by:<\/p>\n
\u00b7Individual freedom.<\/p>\n
\u00b7Minimum state interference.<\/p>\n
\u00b7Private property\/capitalism.<\/p>\n
\u00b7Market forces (Adam Smith)..<\/p>\n
2. Communitarism.<\/p>\n
This is characterised by:<\/p>\n
\u00b7Collective interests<\/p>\n
\u00b7State responsible for well-being of its citizens.<\/p>\n
\u00b7Common ownership of means of production (Karl Marx).<\/p>\n
3.Convergence Theory.<\/p>\n
This is a middle road between Smith & Marx. It is informed by\u00a0 a philosophy of promoting individual endeavour and\u00a0 competition but with due reference to needs of society – necessary for some state interference.<\/p>\n
4.Other theories<\/p>\n
There are other theories such as the unitarists, pluralists,\u00a0 corporatism & co-determination.<\/p>\n
External Factors that impact on Labour Relations.<\/p>\n
1.Globalisation: search for markets\/cheaper labour, resources,\u00a0 continued dependence on global economy.<\/p>\n
2.North – South divide: developed, developing & under\u00a0 developed worlds.<\/p>\n
3.Diminishing role of the state – rising influence of international\u00a0 financial institutions and multinational corporations.<\/p>\n
4. Forms of work: flexibility, casualisation, outsourcing, etc.<\/p>\n
5.Democratic political system – impacts on socio-economic\u00a0 relationships.<\/p>\n
6.Forms of organisations – capacity & skills.<\/p>\n
Political Economy of Labour Relations in Nigeria\u00a0 Colonial Era<\/p>\n
Beginning of modern Nigerian state dates back to four centuries\u00a0 ago. Some of the factors that contributed in shaping the process of state formation include:<\/p>\n
i. Islamic conquests of Northern Nigeria.<\/p>\n
ii.\u00a0 Patterns of trade.<\/p>\n
iii. Inter marriages and alliances of kingdoms and empires.<\/p>\n
iv. British colonial conquest emergence of limited liability\u00a0 companies and later multinational companies (17th\u00a0 centuries).<\/p>\n
v.Occupation of Lagos in 1862 – proclaimed crown colony: the\u00a0 beginning of direct colonial administration and rule in\u00a0 Nigeria.<\/p>\n
Therefore modern Nigerian state formation was laid between 1860\u00a0 & 1898 by European commercial firms and local trading magnets\u00a0 engaged in cut-throat competition in Lagos, old Calabar & Niger- Delta.<\/p>\n
The purpose of state labour policy under colonialism in Nigeria was\u00a0 the creation of wage – labour force to meet the commercial needs\u00a0 of both local and European companies. The bases were laid after\u00a0 Lagos became a Crown Colony in 1862.<\/p>\n
The aims were to:<\/p>\n
\u00b7Create a labour market .<\/p>\n
\u00b7Develop a stable labour force.<\/p>\n
\u00b7Ensure ready market for imported consumer goods and wares.<\/p>\n
\u00b7Create conditions favourable for \u2018legitimate trade\u2019 and other\u00a0 activities of increasing importance.<\/p>\n
The Royal Niger Company was granted charter in 1886, which\u00a0 recognise it as the official agent of British government and\u00a0 therefore set the stage for military and direct political control.<\/p>\n
The task of combining establishment and administration of the\u00a0 political territory and ensuring profitable business in the face of\u00a0 stiff local and foreign competition led to the establishment of West African Frontier Force to check threats against British. This task was\u00a0 executed by Lord Lugard.<\/p>\n
Between 1890 and 1910, there was systematic military subjugation\u00a0 of local rulers in all parts of the country. The charter granted to the\u00a0 Royal Niger Company was revoked in 1892 due to warfare and\u00a0 resistance to monopolistic trading practices and by January 1, 1900\u00a0 direct political control was established. Nigeria was divided into\u00a0 three administrative units:<\/p>\n
1.Colony of Lagos administered by the colonial office.<\/p>\n
2.Niger Coast Protectorate (Old Bendel State & former Eastern Region with headquarters at old Calabar) administered by the\u00a0 foreign office.<\/p>\n
3.Empires of Sokoto & Kanem Borno & the confluence of Rivers\u00a0 Benue and Niger (Lokoja area) administered by the Royal\u00a0 Niger Company subject to supervision of the foreign office\u00a0 with headquarters at old Asaba.<\/p>\n
Poor communication, vast territory and prohibitive cost of European\u00a0 civil servants made Lugard to start utilising indigenous political\u00a0 administrative arrangement.<\/p>\n
Institutional Development<\/p>\n
Between 1862 & 1900, technical and professional departments\u00a0 began to emerge. These include:<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Customs<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Medical<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Sanitary<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Public Works<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Post Offices<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Railways<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Harbour<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Engineering<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Education<\/p>\n
The functions of these departments include processing of\u00a0 grievances.<\/p>\n
Negotiations and consultations were restricted to public\u00a0 admin and mainly European officers who by 1897 were not more\u00a0 that 90. Colonial labour policy during this period was more a\u00a0 response to demands and protests against working conditions and\u00a0 wage rise by workers. Wage tribunals and commissions were major\u00a0 features of the response. The following are lists of commissions that\u00a0 were set up to address particular issues:<\/p>\n
1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Hunt Committee – 1934. It was charged with the responsibility of reviewing the wages\u00a0 of unskilled workers and to determine reasonable standard of\u00a0 living for labour.<\/p>\n
2. Bridges Committee – 1941.<\/p>\n
It reviewed wages of African government workers in Lagos &\u00a0 recommended compensatory increases subsequently called\u00a0 cost-of-living awards\u2019 (COLA).<\/p>\n
3.Harragin Commission – 1945.<\/p>\n
Reviewed salaries of \u2018established\u2019 government staff.<\/p>\n
4.Tudor Davis Commission – 1946.<\/p>\n
It was appointed in the wake of June 1945 general strike. It\u00a0 granted workers demand for COLA.<\/p>\n
5.Miller Committee – 1947.<\/p>\n
Looked into wage rates of daily paid workers.<\/p>\n
6.Cowan enquiry – 1948.<\/p>\n
Investigated and reported on methods of negotiations\u00a0 between government and employees in state-owned industrial\u00a0 establishments. The Cowan enquiry introduced Whitley\u00a0 Councils:<\/p>\n
\u00b7Junior Whitley Council (A) for clerical & other office\u00a0 employees<\/p>\n
\u00b7Junior Whitley Council (B) for industrial and manual\u00a0 workers<\/p>\n
7.\u00a0\u00a0 Fitzgerald Commission – 1949.<\/p>\n
It examined the circumstances leading to violent protests and\u00a0 deaths such as the Enugu coal miners protest.<\/p>\n
8.Gorsuch Commission – 1954.<\/p>\n
It reconciled the salaries and fringe benefits of federal and\u00a0 regional civil servants.<\/p>\n
9.Mbanefo Commission – 1958.<\/p>\n
Set up the federal, eastern\u00a0 governments. Looked into workers\u00a0 agitation for competitive wages.<\/p>\n
10. Morgan Commission – 1959.<\/p>\n
Set up by the Western Regional government to look into\u00a0 workers agitation for competitive wages.<\/p>\n
These commissions, committees and enquiries form a significant\u00a0 twists and turns to the evolution of labour relations practice in\u00a0 Nigeria.<\/p>\n
Legal Framework for Labour Relations Institutions in Nigeria<\/p>\n
Trade Union Ordinance – 1938: The ordinance defines trade unions\u00a0 as \u201cany combination whether temporary or permanent, the\u00a0 principal purpose of which are the regulations between workmen,\u00a0 or between masters and masters whether such combination would\u00a0 or would not, if this ordinance had not been enacted, to have been\u00a0 deemed to have unlawful combination by reason of some, one or\u00a0 more of its purposes, being in restraint of trade.<\/p>\n
Features<\/p>\n
\u00b7The ordinance barred prison and police workers from\u00a0 belonging to unions.<\/p>\n
\u00b7All trade unions have to be registered within three months of\u00a0 formation or disbanded.<\/p>\n
\u00b7It created the office of Registrar of Trade Unions with powers\u00a0 to register or cancel registration.<\/p>\n
\u00b7Two copies of union rules\/constitution and list of officers have\u00a0 to be deposited with the Registrar.<\/p>\n
Membership of unions restricted to persons above the age of\u00a0 16 and as few as 5 persons can form a union.<\/p>\n
\u00b7 Illiterates and minors were not allowed to hold positions of\u00a0 treasurer, secretary and president.<\/p>\n
\u00b7Unions must keep comprehensive membership list indicating\u00a0 occupation, trade, and names of employer and for the records\u00a0 to be open to inspection by any person having an interest in\u00a0 the funds of the union.<\/p>\n
\u00b7 Accounts were required to be kept and audited annually by\u00a0 persons approved by the Registrar of Trade Unions and a copy\u00a0 submitted to him within a month and general statement of\u00a0 account to be rendered to him (Registrar) yearly before 1st\u00a0 June.<\/p>\n
\u00b7 The Registrar had powers to call for Special Returns and\u00a0 empowered to institute criminal or civil proceedings.<\/p>\n
The Trade Union Ordinance also established labour inspectorate.\u00a0 The labour inspectorate became Department of Labour in 1942 and\u00a0 a full fledged Federal Ministry with a Minister in 1957. Part of the\u00a0 function of the Ministry include administering laws and regulations\u00a0 pertaining to organised labour and providing such services as\u00a0 conciliation, arbitration and supervision of the provisions of the\u00a0 Factories Act that periodically involve employees.<\/p>\n
Trade Disputes (Arbitration & Inquiry) Ordinance was enacted in\u00a0 1941.<\/p>\n
Labour (Wage Fixing & Regulation) Ordinance No. 40 was enacted\u00a0 in 1943. The Ordinance attempted price control and establish\u00a0 higher minimum wage in tin mines.<\/p>\n
Labour Code Ordinance was enacted in 1945. It:<\/p>\n
\u00b7Sought to protect workers from abuses<\/p>\n
\u00b7Prohibit force labour<\/p>\n
\u00b7Regulate the employment of young persons and women at\u00a0 night.<\/p>\n
\u00b7Spell out the manner of payment of wages<\/p>\n
\u00b7Concerned itself with other non-monetary benefits and\u00a0 entitlements .<\/p>\n
The ordinance was a response to the 1945 general strike. The Tudor\u00a0 Davis Commission appointed in the wake of the strike deplored the\u00a0 absence of official direction on matters of collective bargaining and\u00a0 disputes and the ineffectiveness of the Department of Labour.\u00a0 The Ordinance recommended the establishment of ad hoc National Negotiating Committee comprising state representatives, private\u00a0 employers and workers.\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0Labour (Wage Fixing and Regulation) Ordinance of 1943\u00a0 established Labour Advisory Boards based on the recommendation\u00a0 of the Bridges Committee of 1941. The Ordinance empowered the\u00a0 Boards to make enquiries into conditions of service and wages\u00a0 referred to them and to make recommendations for fixing statutory\u00a0 minimum wage.<\/p>\n
Wage Board Ordinance of 1957 established the Wage Boards.<\/p>\n
Post Colonial Era<\/p>\n
1.Junior Whitley Councils were reconstituted into a National\u00a0 Public Service Negotiating Councils in 1974 following\u00a0 recommendations of Udoji Commission.<\/p>\n
a.Council I for adrnin 8: professionals.<\/p>\n
b.Council II for clerical, executive and typists.<\/p>\n
c.Council III for technical.<\/p>\n
2.Joint Industrial Councils or Joint Consultative Committees\u00a0 were adopted for public corporations and utilities\u00a0 (parastatals).<\/p>\n","protected":false},"excerpt":{"rendered":"
What is labour relation? It is the system that attempts to regulate labour relationship\u00a0 (employers, employee & state) in society. It consists of various parties that are involved in power relations.\u00a0 The vehicle or mechanisms through which the parties seek to exert\u00a0\u00a0 their authority or influence over the others are: \u00b7Collective bargaining \u00b7Recognition of agreement. […]<\/p>\n","protected":false},"author":43,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55],"tags":[],"class_list":["post-34755","post","type-post","status-publish","format-standard","hentry","category-for-the-record"],"_links":{"self":[{"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=\/wp\/v2\/posts\/34755","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=\/wp\/v2\/users\/43"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=34755"}],"version-history":[{"count":0,"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=\/wp\/v2\/posts\/34755\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34755"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34755"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34755"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}