The Nigerian government says the establishment of State Ministries of Labour by State governments is against the laws of the Federal Republic of Nigeria.
According to the federal government, the creation of the Ministry at the State level, comes with implementing parallel guidelines and policies to those developed at the federal level.
The Permanent Secretary, Federal Ministry of Labour and Employment, Ms. Kachallom Daju, in a statement criticised the trend by States while flagging off the 2023 Session of the National Labour Advisory Council (NLAC), taking place in Uyo, Akwa Ibom State, South-South Nigeria.
She said NLAC would critically discuss the emerging trend, which if left unchecked, could destabilise the already challenged Labour administration system in Nigeria.
Daju described that practice as counter-productive and pointed out that it went against Section 34 of the Second Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
That section of the Constitution she said, placed labour matters on the Exclusive List, thereby reserving the power to legislate on labour-related matters exclusively to the Federal Government.
“Another crucial item for discussion by the Council would be the need for State governments to embrace a uniform implementation of the Minimum Wage Act, 2019”.
She noted the need to align the minimum wage with the current economic realities, as well as the International Labour Standards that serve as the bedrock of legal framework for labour administration in Nigeria.
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“Nigeria needs to develop strategies to bridge the gaps identified by the Committee of Experts on the Application of Conventions and Recommendations (CEARCR), on the application of Conventions No. 26 on Wage Fixing Machinery, 1928; and No. 95 on Protection of Wages, 1949.
“This has become crucial in the face of the impact of the recent removal of subsidy on petrol on the Nigerian workers”, she said.
Earlier, Director, Productivity Measurement and Labour Standards Department of the Ministry, Juliana Adebambo, stated that the revival of the NLAC was evidence of government’s political will to increase collaboration between social partners and governments at the Federal and State levels to ensure lasting industrial harmony, socio-economic development, as well as national growth.
NLAC was established in 1955 to offer advisory services to the Minister of Labour in the areas of Labour Administration, Employment Relations and Labour Productivity.
The Council also plays the critical role of promoting and ensuring a Labour Administration System in line with international best practice.
The Council was inactive between 2013 and 2021 when it was revived, and a new Council was inaugurated.
Membership of the Council comprises the Federal, the thirty-six States and the Federal Capital Territory governments, the Nigeria Labour Congress, Trade Union Congress, Nigeria Employers’ Consultative Association, the Country Representative of International Labour Organisation and other stakeholders.
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