Towards the Enforceability of Collective Agreements in Nigerian Law

Abstract

The paper examines the enforceability of collective agreements in Nigerian law. It argues that the common law position that held collective agreements not binding unless incorporated into the individual worker’s contract of employment should no longer remain because it causes hardship to workers to benefit from such collective agreements. It suggests a possible way of circumventing the position of the common law and enforcing such agreements. Section 254C (1) and (2) of the Constitution has conferred exclusive jurisdiction on labour matters on the National Industrial Court of Nigeria (NICN). Furthermore, to apply treaties related to labour and employment which Nigeria has ratified notwithstanding any other provision of the Constitution requiring domestication. Since Nigeria has ratified International Labour Organisation’s (ILO) Convention 98 (concerning Right to Organise and Collective Bargaining) and the Constitution allows application of labour treaties that have been ratified, this becomes a possible way through which the NICN can enforce collective agreements in Nigeria.

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