Conventions(including the 8 core conventions) of the ILO as of May 2008. The ratification of the core conventions is indicative of a formal commitment to the observance of workers' rights. Even before the formal declaration of the fundamental principles in 1998, member countries of the ILO are expected to reflect the provisions of ILO Conventions and Recommendations in national labour and social policies and laws. By and large, national legislation such as the Trade Union Act, Cap 437(LFN, 1990), the Labour Act, Cap 198(LFN, 1990) and the Wages Board and Industrial Councils Act, Cap 466(LFN,1990) reflect corresponding ILO Conventions. These laws confer certain rights on Nigerian workers and variously recognise the right to organise, the right to collective bargaining as well as the right of unions to act on behalf of their members. Added to these are , the Factories Act, Cap 126(LFN, 1990), and Workmen's Compensation Act, Cap 470(LFN, 1990) which seek to protect workers from workrelated hazards and diseases as well as making provisions for compensation for injuries or disabilities suffered in the course of employment. Section 40 of the 1999 Constitution of the Federal Republic of Nigeria recognizes the freedom of association by Nigerian citizens while it also recognizes the right to life(a position that can be invoked against employers who endanger the lives of workers under their employment). Specifically, S.40 provides that“Every person shall be entitled to assembly freely and associate with other persons and in particular, he may form or belong, to any political party, trade union or any association for the protection of his interest”(http://www.icnl.org/). A few specific provisions of these laws will be highlighted here for further illustration. For example, Section 9(6) of the Labour Act(Cap 198) LFN, 1990) provides that no contract shalla) Make it a condition of employment that a worker shall or shall not join a trade union or shall or shall not relinquish membership of a trade union; or b) Cause the dismissal of, or otherwise prejudice, a workeri) by reason of trade union membership, or ii) because of trade union activities outside working hours or, with the consent of the employer, within working hours, or iii) by reason of the fact that he has lost or been deprived of membership of a trade union or has refused or been unable to become, or for any other reason is not, a member of a trade union 14
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The state of workers' rights in Nigeria : an examination of the banking, oil and gas and telecommunication sectors
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