The legal framework for collective bargaining in Nigeria

Abstract

The International Labour Organization (ILO) in its Right to Organize and Collective Bargaining Convention No. 98 of 1949 recognized the right to collective bargaining as a core trade union right. Although Nigeria has practised democratic governance for more than two decades, violation of this right persists. This paper examined the legal framework for collective bargaining in Nigeria and found that the right to collective bargaining is not provided for in the Nigerian Constitution. It was also found that one of the issues militating against the right to collective bargaining in Nigeria is the lack of good faith in the bargaining process, which manifests in delays and lack of commitment to conclude collective agreements. The paper recommends legislative intervention, especially, the amendment of the Constitution of the Federal Republic of Nigeria to provide for the right to collective bargaining. The National Assembly should amend the Trade Disputes Act to make a collective agreement generally enforceable by expressly stipulating that a collective agreement is binding on any trade union and employer that has entered into it and who is included in or affected by the agreement.