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Stabit Advocates
Maryland, Nigeria

Founded in 2000
173 people in their team
English
French
Stabit Advocates LLP (https://www.stabitadvocates.com) is one of the top law firms in the world and stands as a beacon of legal excellence, recognized as one of the top law firms in East Africa, Africa and Globally with over 75 practice areas. Our firm is synonymous with top-tier legal expertise,...
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Nigeria Employment & Labor Legal Questions answered by Lawyers

Browse our 4 legal questions about Employment & Labor in Nigeria and the lawyer answers, or ask your own questions for free.

Unwilling resignation from sack treaths
Employment & Labor
I have received sack treaths from my superior, so I unwillingly resigned to avoid a sack history in my career. Do I have right to sue or be protected?
Lawyer answer by Asma Lawyers In Pakistan

Dear Sir, yes you have right to sue your employee, along with recovery of damages and stay against compelled resignation letter. Best regards, Asma Tanveer Randhawa Adv

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1 answer
Damages claims from non payments of terminal benefits
Property Damage Contract Lawsuits & Disputes Civil Litigation General Litigation Employment & Labor
A new company taking over a liability ( with the terminal benefits from the former company inclusive) and refused payment for 4years plus and counting ..
Lawyer answer by Nomos Legal Practice

Hello and thank you for your interest to hire a lawyer to claim or receive damages from non-payments of terminal benefits for over 4 years and counting.We increase access to justice globally as we advise clients on their rights and...

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1 answer
Employee Benefits not given 3 months after resignation
Employment & Labor Employment Rights
The employee resigned and benefits had not been paid by the company after three months.
Lawyer answer by A.O AYENI & ASSOCIATES

This is actionable and can be enforced in court if the company refuses to pay even after writing a letter to them.

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1 answer

About Employment & Labor Law in Maryland, Nigeria

Maryland is a vibrant commercial and residential area within Lagos State, Nigeria. The field of Employment & Labor Law in Maryland, as in the rest of Nigeria, is governed by a mix of federal legislation, state policies, and customary practices. These laws set standards for the workplace, define the rights and responsibilities of both employers and employees, and provide mechanisms for resolving disputes. Key issues addressed under Employment & Labor Law include employment contracts, minimum wage, protection against unfair dismissal, workplace safety, discrimination, insurance, social security contributions, and collective bargaining. Understanding these laws is essential for both employers and workers to ensure a fair, productive, and lawful work environment.

Why You May Need a Lawyer

Legal representation or guidance may be required in workplace matters when complexities arise, or when rights and obligations are unclear. Common situations where legal help is beneficial include:

  • Reviewing, drafting, or negotiating employment contracts.
  • Unfair or wrongful termination and seeking remedies or compensation.
  • Workplace harassment, discrimination, or victimization.
  • Wage disputes, including failure to pay minimum wage or overtime.
  • Issues regarding workplace safety and employer's duty of care.
  • Pension and social security contributions.
  • Representation during labor union negotiations or disputes.
  • Navigating disputes involving expatriates or matters subject to both Nigerian and international labor laws.

A lawyer can help clarify rights, mediate, negotiate settlements, represent clients in court or before labor-related organizations, and ensure compliance with relevant laws.

Local Laws Overview

Employment & Labor Law in Maryland, Lagos State, falls under several acts and regulations. Some of the most significant laws include:

  • Labour Act (CAP L1, LFN 2004): The primary legal framework regulating employment terms, contracts, and workplace conditions in Nigeria.
  • Trade Unions Act: Deals with the formation, registration, and activities of trade unions.
  • National Minimum Wage Act: Sets the legislative minimum wage applicable nationally, including in Maryland.
  • Pension Reform Act: Regulates pension contributions and administration for employers and employees.
  • Employee Compensation Act: Provides for compensation to employees for work-related injuries or occupational diseases.

Apart from these, Lagos State has specific policies that may impose extra requirements, such as directives on occupational safety, health, and environmental standards. Employers in Maryland must also adhere to anti-discrimination laws and regulations covering maternity leave, redundancy procedures, and employee welfare. Both employers and employees are encouraged to keep updated with amendments or new regulations by federal or state authorities.

Frequently Asked Questions

What is the legal minimum wage for employees in Maryland, Nigeria?

As of 2024, Nigeria's National Minimum Wage Act sets the minimum wage at ₦30,000 per month. Employers in Maryland must comply with this requirement unless they fall under statutory exemptions.

Can an employer terminate an employee without notice?

Generally, an employment contract specifies the notice period required before termination. If no written notice is stipulated, the Labour Act provides for minimum notice periods depending on the employee's tenure. Summary dismissal without notice is only allowed in cases of gross misconduct.

Are employment contracts compulsory in Maryland, Nigeria?

Yes. The Labour Act requires a written statement of terms and conditions to be provided not later than three months after starting employment. This helps clarify mutual rights and obligations.

What remedies are available for wrongful dismissal?

Employees who have been wrongfully dismissed may claim damages, reinstatement, or compensation. The specific remedy depends on the circumstances and the terms of the employment contract.

How are disputes between employers and employees resolved?

Disputes can be resolved through internal company processes, mediation, arbitration, or litigation. The National Industrial Court is the primary court for employment and labor matters in Nigeria, including cases from Maryland.

Is discrimination in the workplace illegal?

Yes, discrimination based on gender, religion, ethnicity, or other protected characteristics is prohibited by Nigerian law. Employees who experience discrimination can seek legal remedies.

Are employers required to provide health and safety measures?

Employers are required by law to ensure the safety, health, and welfare of their employees. This includes providing safe machinery, protective equipment, and regular safety training.

What are the rules regarding maternity and paternity leave?

Female employees are entitled to at least 12 weeks of maternity leave with at least 50% of their regular wages. Paternity leave policies may vary depending on company policy or specific contracts.

Is it compulsory to pay pension contributions for employees?

Yes. The Pension Reform Act mandates that employers with at least three employees must contribute to employees’ pension schemes. Both employer and employee make contributions.

What should I do if my employer is not paying my wages on time?

Employees should attempt to resolve the issue amicably through internal channels first. If unsuccessful, they can seek intervention from the Ministry of Labour, report to a trade union, or consult a lawyer for further action.

Additional Resources

If you need advice or support regarding Employment & Labor matters in Maryland, Nigeria, the following organizations and institutions can offer guidance:

  • Nigerian Ministry of Labour and Employment: Provides oversight, dispute resolution, and policy guidance.
  • Lagos State Ministry of Employment and Wealth Creation: Offers employment education and support services.
  • National Industrial Court of Nigeria: Handles employment and labor-related disputes.
  • Trade Unions and Labor Associations: Such as the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC).
  • Legal Aid Council of Nigeria: Provides legal assistance for eligible individuals.
  • Nigerian Bar Association (Lagos Branch): Can help refer credible employment lawyers.

Next Steps

If you are facing an employment or labor issue in Maryland, Nigeria, here’s what you can do next:

  1. Organize all relevant documents, such as your employment contract, pay slips, and correspondence.
  2. Attempt to address the issue internally with your employer or through your HR department.
  3. If no solution is reached, consult a qualified employment lawyer familiar with the laws in Maryland, Lagos State.
  4. Consider reaching out to appropriate governmental bodies, such as the Ministry of Labour, or a trade union for support.
  5. If legal action becomes necessary, your lawyer can guide you on the best legal remedies and handle filings before the National Industrial Court or other relevant authorities.

Remember, seeking legal advice early often leads to better outcomes and helps protect your rights and interests.

Lawzana helps you find the best lawyers and law firms in Maryland through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Employment & Labor, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Maryland, Nigeria - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.