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

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

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.