CATEGORIES OF EMPLOYEES
It is important for us to categorize the various types of employees we have in Nigeria. This is because, firstly, different service rules apply to the different types of employees.
Secondly, the conditions of service, from employment to termination are different.
Thirdly, some employments, particularly in the civil and public service are pensionable while others are not.
So to enable us deal with the rights of each employee, we need to first differentiate the types of employment and categorize who falls into what category.
a. Civil Servants
Generally, when we talk of a civil servant, the first impression that comes to mind is that of anybody working for the government of a local government, State or the Federation.
Yes civil servants work for the government. But the law has precise definition of employees legally recognized, working for the government as civil servants.
The Nigerian Constitution expressly defines who a civil servant is. He is any worker in the employment of the Federal or State Governments in a civil capacity as a staff of the office of the:
* President,
* Vice President,
* Governor,
* Deputy Governor,
* Ministry or department of government assigned with the responsibility for any business of the government of the Federation or State.
From this definition, you may note that local government employees are not included in the definition of civil servants under the Constitution.
Employment of civil servants are carried out by the respective Civil Service Commissions, be it Federal or State.
In the civil service, the Federal Government and each State has its Civil Service Rules which contain express provisions on everything relating to the employment, from appointment to termination, as governed by law, which must be strictly followed. The head of department in the civil service or government parastatal cannot decide or make rules on his own but must act in accordance with the Civil Service Rules.
(Note, though, that some civil service rules empower heads of departments to remove some categories of staff who are semi-skilled, e.g., from levels 1 to 6).
The conditions of service for civil servants are the same, depending on whether it is the Federal or State government.
A federal civil servant in Kano State will be governed by the same conditions of service as his colleague in Ondo State.
A civil servant in the Ministry of Health will be subject to the same conditions of service as his counterpart in the Ministry of Education.