By Hameed Ajibola Jimoh Esq.
The Labour Act, 2004, is the principal legislation governing employment relation in Nigeria. Its application extends to employees engaged under a contract of labour or clerical work in both the private and the public sector. This paper is of the firm view and submission that the Labour Act is not applicable to employment contracts between lawyers in Nigeria in an employer and employee relationship. Hence, this topic.
Part I of the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which provides for Exclusive Legislative List has Item thus ‘49. Professional occupations as may be designated by the National Assembly’. It was under this legislative power that the Legal Practitioners Act, 2004, was legislated and enacted by the National Assembly, to govern lawyers in Nigeria as professionals. Therefore, there are two legislations affecting employment contracts between lawyers in Nigeria in an employer and employee relationship, as concerned by this paper i.e. the Labour Act, 2004 and the Legal Practitioners Act, 2004 (governing lawyers as professionals). Therefore, in my humble view, one is general in nature i.e. the Labour Act, 2004, while the other is specific in nature regarding such employment contracts between lawyers in Nigeria in an employer and employee relationship i.e. the Legal Practitioners Act, 2004. It is my humble submission that the Labour Act being a general legislation concerning employment...
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