Minimum Age (Underground Work) Convention, 1965 (No. 123) - Nigeria (Ratification: 1974)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 4(5) of the Convention. Employer’s obligation to make available to the workers’ representatives, at their request, the list of persons employed in work underground. The Committee previously noted that under section 62 of the Labour Act, every employer is required to keep a register of all young persons in his or her employment with particulars of their ages, the date of employment and the conditions and nature of their employment, and to produce the register for inspection when required by an authorized labour officer. It further noted that under section 91(1) of the same Act, “young person” means a person under the age of 18 years and “industrial undertaking” includes mines, quarries and other works for the extraction of minerals from the earth.

The Committee notes the Government’s indication, in its report, that the Labour Standards Bill of 2008 (the Labour Standards Bill) which was pending before the National Assembly, has been removed for further revision. The Committee notes that section 10 of the Labour Standards Bill provides that every employer of young persons shall keep a register of all young persons in his or her employment with particulars of their ages, the date of employment and the conditions and nature of their employment, and such other particulars as may be prescribed, and shall produce the register for inspection when required by a labour officer. Section 60 defines a “young person” as being any person under the age of 18 years. The Committee notes with regret that the Labour Standards Bill does not provide for the employer to make that register of young persons in employment available to the workers’ representatives at their request. The Committee, once again, observes that for a number of years it has been requesting the Government to indicate the measures taken to give effect to the Convention (Article 4(5)), under which the employer shall make available to the workers’ representatives, at their request, the list of the persons who are employed in work underground and who are less than two years older than the minimum age specified by the Government, which is 16 years. The list should contain the dates of birth of the employees, as well as dates at which they were employed or worked underground in the undertaking for the first time. The Committee therefore requests that the Government take the necessary measures to revise the Labour Standards Bill to ensure that the register of young persons in employment is made available to workers’ representatives, at their request, in order to bring its national legislation into conformity with the provisions of Article 4(5) of the Convention. The Committee requests the Government to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 4(5) of the Convention. Employer’s obligation to make available to the workers’ representatives, at their request, the list of persons employed in work underground. The Committee had noted that under section 62 of the Labour Act, every employer is required to keep a register of all young persons in his or her employment with particulars of their ages, the date of employment and the conditions and nature of their employment and to produce the register for inspection when required by an authorized labour officer. It had further noted that under section 91(1) of the same Act, “young person” means a person under the age of 18 years and “industrial undertaking” includes mines, quarries and other works for the extraction of minerals from the earth.

The Committee notes the Government’s statement that the various state offices of the Federal Ministry of Labour and Productivity have been directed to inform the employers to release, on demand, the register of all young persons in their employment (kept pursuant to section 62 of the Labour Act) to the trade union, in compliance with section 5(6) of the Labour Act, Cap L1, LFN 2004. The Committee notes, however, that section 5(6) of the Labour Act, Cap L1, LFN 2004 relates to the list of employees from whom deductions for overpayment of wages were made, which shall be made available by employers when making payment to a trade union. The Committee observes that for a number of years, it had been requesting the Government to indicate the measures taken to give effect to the Convention (Article 4(5)), under which the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed in work underground and who are less than two years older than the minimum age specified by the Government which is 16 years. The lists should contain the dates of birth as well as dates at which they were employed or worked underground in the undertaking for the first time. The Committee therefore requests the Government to indicate the measures taken or envisaged to bring the national legislation into conformity with the provisions of Article 4(5) of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret for the fourth consecutive year, that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

The Committee recalled that for a number of years, it had been requesting the Government to indicate measures taken to give effect to the Convention (Article 4(5)), under which the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed in work underground and who are less than two years older than the minimum age specified by the Government which is 16 years. The lists should contain the dates of birth of persons aged between 16 and 18 years and the dates at which they were employed or worked underground in the undertaking for the first time.

The Committee noted that under section 62 of the Labour Act, every employer is required to keep a register of all young persons in his employment with particulars of their ages, the date of employment and the conditions and nature of their employment and to produce the register for inspection when required by an authorized labour officer. The Committee further noted that under section 91(1) of the same Act, “young person” means a person under the age of 18 years and “industrial undertaking” includes mines, quarries and other works for the extraction of minerals from the earth. The Committee therefore once again requests the Government to take the necessary measures to ensure that section 62 of the Labour Act is amended so that such registers may also be made available to workers’ representatives, at their request. The Committee once again asks the Government to provide information on progress made in this regard in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee recalled that for a number of years, it had been requesting the Government to indicate measures taken to give effect to the Convention (Article 4(5)), under which the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed in work underground and who are less than two years older than the minimum age specified by the Government which is 16 years. The lists should contain the dates of birth of persons aged between 16 and 18 years and the dates at which they were employed or worked underground in the undertaking for the first time.

The Committee noted that under section 62 of the Labour Act, every employer is required to keep a register of all young persons in his employment with particulars of their ages, the date of employment and the conditions and nature of their employment and to produce the register for inspection when required by an authorized labour officer. The Committee further noted that under section 91(1) of the same Act, “young person” means a person under the age of 18 years and “industrial undertaking” includes mines, quarries and other works for the extraction of minerals from the earth. The Committee therefore once again requests the Government to take the necessary measures to ensure that section 62 of the Labour Act is amended so that such registers may also be made available to workers’ representatives, at their request. The Committee once again asks the Government to provide information on progress made in this regard in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalled that for a number of years, it had been requesting the Government to indicate measures taken to give effect to the Convention (Article 4(5)), under which the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed in work underground and who are less than two years older than the minimum age specified by the Government which is 16 years. The lists should contain the dates of birth of persons aged between 16 and 18 years and the dates at which they were employed or worked underground in the undertaking for the first time.

The Committee noted that under section 62 of the Labour Act, every employer is required to keep a register of all young persons in his employment with particulars of their ages, the date of employment and the conditions and nature of their employment and to produce the register for inspection when required by an authorized labour officer. The Committee further noted that under section 91(1) of the same Act, “young person” means a person under the age of 18 years and “industrial undertaking” includes mines, quarries and other works for the extraction of minerals from the earth. The Committee therefore once again requests the Government to take the necessary measures to ensure that section 62 of the Labour Act is amended so that such registers may also be made available to workers’ representatives, at their request. The Committee once again asks the Government to provide information on progress made in this regard in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that for a number of years, it has been requesting the Government to indicate measures taken to give effect to the Convention (Article 4, paragraph 5), under which the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed in work underground and who are less than two years older than the minimum age specified by the Government which is 16 years. The lists should contain the dates of birth of persons aged between 16 and 18 years and the dates at which they were employed or worked underground in the undertaking for the first time.

The Committee noted that under section 62 of the Labour Act, every employer is required to keep a register of all young persons in his employment with particulars of their ages, the date of employment and the conditions and nature of their employment and to produce the register for inspection when required by an authorized labour officer. The Committee further noted that under section 91(1) of the same Act, “young person” means a person under the age of 18 years and “industrial undertaking” includes mines, quarries and other works for the extraction of minerals from the earth. The Committee therefore once again requests the Government to take the necessary measures to ensure that section 62 of the Labour Act is amended so that such registers may also be made available to workers’ representatives, at their request. The Committee once again asks the Government to provide information on progress made in this regard in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that for a number of years, it has been requesting the Government to indicate measures taken to give effect to the Convention (Article 4, paragraph 5), under which the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed in work underground and who are less than two years older than the minimum age specified by the Government which is 16 years. The lists should contain the dates of birth of persons aged between 16 and 18 years and the dates at which they were employed or worked underground in the undertaking for the first time.

The Committee noted that under section 62 of the Labour Act, every employer is required to keep a register of all young persons in his employment with particulars of their ages, the date of employment and the conditions and nature of their employment and to produce the register for inspection when required by an authorized labour officer. The Committee further noted that under section 91(1) of the same Act, “young person” means a person under the age of 18 years and “industrial undertaking” includes mines, quarries and other works for the extraction of minerals from the earth. The Committee therefore once again requests the Government to take the necessary measures to ensure that section 62 of the Labour Act is amended so that such registers may also be made available to workers’ representatives, at their request. The Committee asks the Government to inform it of progress made in this regard in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report.

The Committee recalls that for a number of years, it has been requesting the Government to indicate measures taken to give effect to the Convention (Article 4, paragraph 5), under which the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed in work underground and who are less than two years older than the minimum age specified by the Government which is 16 years. The lists should contain the dates of birth of persons aged between 16 and 18 years and the dates at which they were employed or worked underground in the undertaking for the first time.

The Committee notes that under section 62 of the Labour Act, every employer is required to keep a register of all young persons in his employment with particulars of their ages, the date of employment and the conditions and nature of their employment and to produce the register for inspection when required by an authorized labour officer. The Committee further notes that under section 91(1) of the same Act, "young person" means a person under the age of 18 years and "industrial undertaking" includes mines, quarries and other works for the extraction of minerals from the earth. The Committee therefore requests the Government to take the necessary measures to ensure that section 62 of the Labour Act is amended so that such registers may also be made available to workers’ representatives, at their request. The Committee asks the Government to inform it of progress made in this regard in its next report.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation:

Referring to comments made for a number of years, the Committee had requested the Government to indicate measures taken to give effect to the Convention, under which the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed on work underground and who are less than two years older than the minimum age specified by the Government (i.e. persons under 18 years in Nigeria). The lists should contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation on the following points:

Referring to comments made for a number of years, the Committee has requested the Government to indicate measures taken to give effect to the Convention, under which the employer shall make available to the workers' representatives, at their request, lists of the persons who are employed on work underground and who are less than two years older than the minimum age specified by the Government (i.e. persons under 18 years in Nigeria). The lists should contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. It expresses the hope that the Government will report on any measures taken in the near future.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Referring to comments made for a number of years, the Committee has requested the Government to indicate measures taken to give effect to the Convention, under which the employer shall make available to the workers' representatives, at their request, lists of the persons who are employed on work underground and who are less than two years older than the minimum age specified by the Government (i.e. persons under 18 years in Nigeria). The lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. It expresses the hope that the Government will report on any measures taken in the near future.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

Article 4, paragraph 3, of the Convention. In comments made for a number of years, the Committee has requested the Government to take measures giving effect to the above-mentioned provision of the Convention, under which the employer shall make available to the workers' representatives, at their request, lists of the persons who are employed on work underground and who are less than two years older than the minimum age specified by the Government (i.e. persons under 18 years in Nigeria). The lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. The Committee notes from the information contained in the last report that no progress has been made in this respect. It again expresses the hope that the Government will take the necessary measures in the near future.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 4, paragraph 3, of the Convention. In comments made for a number of years, the Committee has requested the Government to take measures giving effect to the above-mentioned provision of the Convention, under which the employer shall make available to the workers' representatives, at their request, lists of the persons who are employed on work underground and who are less than two years older than the minimum age specified by the Government (i.e. persons under 18 years in Nigeria). The lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. The Committee notes from the information contained in the last report that no progress has been made in this respect. It again expresses the hope that the Government will take the necessary measures in the near future.