How To Legally Recruit For Employment Outside Nigeria

[Olajire Deborah]

How To Legally Recruit For Employment Outside Nigeria

In some situations, a worker may be recruited to work outside Nigeria. The law has made adequate provisions for the protection and welfare of such recruited workers. The rules regulating the recruitment or engagement of Nigerians to work outside the country are very elaborate. The implementation of the law is, however, another topic for discussion, due to the prevalent economic situation in which most Nigerian will jump at the slightest opportunity to work in a foreign country, not minding whether the law has been complied with or not. For example, it may interest you to note that, generally, a foreign contract for Nigerians working in another country must not be longer than one year if the worker is not accompanied by his family, or two years if he is accompanied by his family. This, however, is subject to the agreement between Nigeria and any other country as to the period of foreign contracts for Nigerians working in that country.
Under the law, no citizen is allowed to leave Nigeria under a foreign contract to serve as a worker outside Nigeria unless he has been medically examined in line with the requirements of the labour law and certified as fit to perform the work for which he is to be engaged. He also must have been brought before an authorized labour officer who will certify that he has been duly recruited in accordance with the law. Before issuing his certificate, the labour officer must satisfy himself of all the requirements I have stated in paragraphs (1 – 6) under section (c) above. In addition, the authorized labour officer must confirm that the consent in writing has been obtained of the local government authority where the worker resides.
Now, let me list out all the special terms and conditions which a foreign contract must contain, in addition to any other terms required by law. The law says that every foreign contract must provide for the following:

one day free of work in each week for the worker;
a daily ration of food which must be provided free of charge;

from the date of recruitment to the date of departure from Nigeria, rations and half pay; after before departure, full pay and rations;

That half of his wages (or any other proportion specified in the contract) must be paid directly to him monthly, and the other half to be remitted through an authorized labour officer in the place where he was recruited, to be remitted to the worker on his return home;

Particulars of the clothing, blankets, cooking utensils, housing accommodation, medical attention and transport to and from place of recruitment and place of employment;

Particulars of rations, clothing, blankets, cooking utensils, housing accommodation, medical attention and transport to and from place of recruitment and place of employment to be given to members of the worker’s families authorized to accompany him;

The particulars of the terms and conditions in case of repatriation of the worker and his families, and the procedure to be followed in case of refusal of repatriation;

The procedure to be followed if it so happens that the worker died, or deserted, or suffered any other casualty. This procedure must specify how any wages due to him would be paid, how any money in the hand of an authorized labour officer would be distributed, and how the death, casualty or desertion would be reported to the proper authorities;

Particulars of any deductions which may be made from the worker’s wages, and must stipulate his rights of appeal on this issue;

Must specify the procedure to be followed if the worker is to be dismissed for inefficiency because of sickness or any other reason, the rights available to him and the terms of re-engagement.

All these are the requirements of the law. Whether the law is followed to the letter is another topic for discussion entirely.

Let me inform you, however, that it is an offence to engage or agree to employ or to find employment for any citizen of Nigeria as a worker outside the country except under a contract which conforms to the terms and conditions stated above. Any person found guilty shall upon conviction be liable to fine or imprisonment or both.

Please note that the President may make an order under the law to prohibit the recruitment or engagement of any Nigerian for employment outside Nigeria in any country named in the order.

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