Core Conventions of the International Labour Organisation (ILO): Implications for Nigerian Labour Laws
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Date
2011-05-17
Authors
Mbah, S.E.
Ikemefuna, C. O.
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SEIDU PRESS
Abstract
This paper examines core conventions of the International Labour Organization with possible effects on Nigerian Labour Law. The paper highlights the reasons why the ILO was established, one of which the author states as dealing with social welfare policies on employment of children, among others. The author adopts a theoretical approach, the structural functionalist theory by Talcott Parson to explain the dynamics of the international labour organization. The paper further identifies some of the ILO core Conventions to include, forced labour convention No.29 of 1930, Freedom of Association and protection of the right to organize convention No. 87 of 1948, Right to organize a Collective Bargaining Convention No. 98 of 1949, Occupational Safety and Health No. 155 of 1981 and so on. The paper associates the origin of the Nigerian Labour Law with some of the ILO ratified Legislation which took the form of recommendations. ILO expects member nations that have ratified its conventions to be bound by them. But in international law, it is not an easy thing. In a country like Nigeria with a dualist system any international treaty or law or legislation must be domesticated by the National Assembly before it can be enforced in Nigeria. Backing this up the paper cites section 12 of the constitution of the Federal Republic of Nigeria, 1999, which is a ground norm. Therefore, an ILO Convention that has not been passed into Law in Nigeria cannot be legally enforced. The paper maintains that this explains why some treaties, legislation or laws that have not been domesticated have failed to be enforced in Nigeria. The author finally concludes that in spite of all these that ILO is a dynamic organization that plays diversified roles in international labour matters. That it’s operation at global level should be supported and encouraged to better the life of numerous workers across the member nations.
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Mbah, S.E. and Ikemefuna, C.O. (2011). Core conventions of the international labour organisation (ILO): Implications for Nigerian labour laws. International Journal of Business Administration, 2(2), 129-136