The Nigerian Industrial Relations System. Challenges and Contradictions

ABSTRACT

The complex employment interrelationship between the Nigerian government, labour unions, organizations' management, and employers' associations has been a rocky one. The goal of the interrelations which is to facilitate economic growth and assist all parties to achieve their objectives is menaced by incessant conflicts and a high level of strike propensity.

The paper through critical analysis of available literature, and analysis of data from secondary sources such as official publications, journals, and conference papers aims to examine the Nigerian industrial relations system for its contending issues and challenges.

It was found that certain contradicting issues and challenges are apparent in the regulatory framework and administering bodies thus leading to ineffectiveness and inefficiency. Challenges such as insincerity of involved parties, tailoring of the system towards western models, and other political and economic factors are also inhibiting the system.

To refine the system, the paper recommends that Government should show a good example by honoring the legal status of collective agreements and by providing reasonable protection by reviewing legal and regulatory frameworks to be in tune with socio-economic realities, to be enforced by an independent judiciary. Adoption of indigenous systems of dispute resolutions with a ‘win-win' outlook was also recommended among others.

1.0 INTRODUCTION

The Nigerian industrial relations system has been in a worrisome state since the nation's independence. The relationship between the government and labour has always been turbulent.

Certain lingering challenges have not only driven a wedge between the harmonious relationship that should exist between labour and government but have also negatively affected productivity and development. For instance, these challenges have accounted for the incessant labour disputes culminating in strikes, lockout, picketing, sit-downs, agitations, and demonstrations in Nigeria's industrial relations system.

It is now almost as if a few months cannot pass by without labour-government conflicts over one demand or the other. This in turn leads to protest or industrial actions that degenerate a colossal loss to the economy and foreign exchange community. The Nigeria Labour Congress (NLC) in particular, since unfolding, has always used instruments such as strikes, demonstrations, and protests to either press home its demands.

These issues are becoming more glaring in recent times and manifest often in the formation and content of regulatory frameworks, as well as the powers and actions of the law-making bodies and the actors in the Nigerian industrial relations system. The broad objective of the paper is to examine the regulatory framework, administering authorities, and the labour unions of the Nigerian industrial relations system, while identifying and discussing their contending issues and challenges.

2.0 CONCEPTUAL AND THEORETICAL FRAMEWORK

2.1 Conceptual framework

Labour: The American Psychological Association (APA) defined labour as the aggregate of all human physical and mental effort used in the creation of goods and services. It is a primary factor of production. The magnitude of a country's labour force is determined by the size of its adult population and the degree to which the adults are working or are prepared to offer their labour for wages

Industrial Relations: It is the complex relationship between worker or labour unions, organization management and employers' associations, government, and the processes and institutions they have developed to structure them. As implied by the definition, the three main parties in industrial relations are:

- State/Government: The government as a regulator and peacemaker sets the legal framework within which other actors conduct or relate with each other in the industrial relations practice
- Labour/Trade Unions: The interest of workers in industrial relations is represented by labour or trade unions. The trade unions are as much interested in economic and non­economic issues like power-sharing both in the workplace and in the larger society. The unions like the other actors have great responsibilities for good industrial relations and will do well to ensure that the mass power in their hand is channeled to a constructive end
- Employers/Employers' Associations: The employers are represented by their industrial employers' associations. Employers' associations protect their members against, excessive demands from powerful unions, negotiate on behalf of their members, render advisory and managerial assistance as the case may be. The role of the employers and the unions often determines the course of events in industrial relations

Labour laws: Labour laws are regulations that mediate the relationship between workers, employer/employers' associations, trade unions, and the government. A basic feature of the labour law is that the rights and obligations of workers are assumed from the contract of employment.

Labour laws have the uniform purpose of protecting employees' rights and setting forth employers' obligations and responsibilities. Other non-core functions are the provision of equal opportunity and pay, employee safety, workplace diversity, and inclusion.

The Nigerian labour laws embody individual and collective labour laws. The individual labour law covers categories of employees, individual contracts of employment, rights and duties, remuneration, work hours, etc. While collective labour law deals with freedom to form or join trade unions, the relationship between trade unions and employer/employers' associations, collective bargaining, industrial actions, etc.

The Nigerian labour laws came to be due to industrial conflicts arising from the inability of employers and employees to have proper dialogues concerning terms and conditions of employment. The government had to take responsibility for curbing the incessant conflicts between workers and management or trade unions and employers or employers' associations.

Sources of Nigerian Labour laws: The source of any law refers to ‘the fountain of laws defining or reflecting the general outlook of the legal system. Sources of labour laws related to certain ultimate labour principles from which all other labour relations are derived. The sources of Nigerian Labour law are as follows:

- The Received English Law: Comprises of Common Law, Doctrines of Equity and Statutes in force in England on or before January 1, 1990
- Nigerian Labour Legislations: These are various laws made by the Nigeria legislatures. It comprises Decrees, Acts of Parliament, and other Subsidiary Legislations. Examples are the Labour Act, Trade Dispute Act, National Industrial Court Act, the Employees Compensation Act, Trade Union Act, and the Pension Reform Act
- Judicial Precedents: Decisions reached by the established courts form precedents for lower courts to follow. Several decided cases of the Supreme Court and Court of Appeal have binding effects on lower courts that have jurisdiction over labour matters. The National Industrial Court of Nigeria has also held that it will be bound by its previous decision unless such adherence will lead to a miscarriage of justice
- International Treaties and Conventions: Primarily, there are Customary International Laws and International Treaties (Convention) relating to labour and employment. The ILO Declaration of Fundamental Principles and Rights at Work 2000 is a good example.
- Collective Agreements: Collective agreements also regulate industrial and labour relations. A plethora of judicial authorities attest to this principle of collective bargaining

It is important to note that the Ministry of Labour and Productivity is directly responsible for issues relating to labour and employment while the National Industrial Court (NIC) has exclusive jurisdiction in civil and criminal matters connected with labour, employment, trade unions, industrial relations, etc. in Nigeria.

2.2 Theoretical framework

This paper draws insights from the conflict theory of industrial relations. The theory sees conflict as innate in labour-management relationships due to the conflicting interests of the two parties involved. The employer seeks to maximize productivity using workers' services while workers aim to maximize their rewards and benefits (satisfactory wages, bonuses, etc.). The advocates of the theory put forward that in capitalist economies, the state is always on the side of the employer in an attempt to protect the interest of the bourgeoisie”.

The conflict theory illustrates not only the relations between employer and worker(s) but also relations between employers and unions and between them and the State. Thus it focuses more on the collective aspect of relations. This is as a result of rudimentary issues concerning labour laws, freedom of association, collective bargaining, trade unionism, etc.

Miliband (1969) submits that “the state stands for several institutions that are constantly used to harass and repress the trade unions”. He sees the state as an intimidating instrument of the reigning capitalists. Conflict theory as a theory of industrial relations gives understanding into the causes of trade disputes. It also sees government as the coercive instrument of the state used to suppress the working class.

3.0 CHALLENGES AND SOURCES OF CONTRADICTIONS OF THE NIGERIAN INDUSTRIAL RELATIONS SYSTEM

3.1 Insincerity of Involved Parties

The government, by being the highest employer of labour in Nigeria plays an important role as a stakeholder in the management and settlement of disputes in Nigerian work organizations. However, the insincerity of the government in policy implementation, fulfillment of pledges, and lack of respect for collective agreements and memorandum of understanding (MOU) are major factors denting harmonious industrial relations in the country. It is of common knowledge that the language Government understands best in Nigeria is “Strike”.

Furthermore, some other factors that weaken and stupefy the workability of the existent dispute settlement mechanisms are the government's use of informal means to achieve labour­management negotiations and unilateral determination of terms and conditions of employment relations. The governments' inability to operate in good faith motivates private employers to engage in similar practices of non-compliance, holding the belief that government cannot do anything about it since the public sector is guilty of the same.

On the part of trade unions, the politicization (i.e. undue interference by the State), lack of inclusiveness of members, absence of true internal democracy has led to a problem of apathy by the membership even though the workers largely believe vibrant trade unions are capable of representing them judiciously.

3.2 Inconsistent Policies, Cumbersome Procedures & Problem of Time

Existing statutory provisions for the settlement of industrial disputes have not been effective due to delays experienced by aggrieved parties as well as the cumbersomeness of the procedure. Industrial Arbitration Panel for example has 42 days within which to make its award normally, but experience has shown it takes up to 12 months to make its decision known to parties.

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