AN EXAMINATION OF DUTIES AND LIABILITIES OF AN EMPLOYER UNDER NIGERIAN LABOUR JURISPRUDENCE

ABSTRACT

There exists no state in the contemporary world where government to an extent does not associate with entrepreneurial ventures by manner of a regulator, enabler or as a participator; hence the Nigerian Government regulates labor-management relations through its enacted labor laws. The study examines the duties of an employer and employee in the Nigerian law. The relationship between employer and employee or what is traditionally referred to as the master and servant relationship constitutes the very foundation of labour law; and the relationship has its basis in the contract of employment. A contract of employment is any agreement where one person agrees to employ another as an employee or worker and that other person agrees to serve the employer as an employee. An “employer” is one who employs another as a worker either for himself or for the service of any other person, and includes the agent of that first-mentioned person and the representatives of a deceased employer. An “employee” is one employed by an employer under a contract whether on a continuous or temporary apprenticeship or casual basis and includes a domestic servant who is not a member of the family of the employer including any person employed in the local, state or federal governments. The relationship between employer and employee gives rise to duties which are recognised and enforceable in law. Nevertheless, it was found that certain contradicting issues and challenges are manifest in the inappropriateness of the labor laws and the structural configurations thereby yielding ineffectiveness and inefficiency.