Managing the employment relationship in nigeria lexology. Employees compensation 2010 hr jobs in nigeria, hr articles. Though inordinately delayed by substituting the word employee for workman the dynamic nature of labour law is recognised. The enactment of the employees compensation act 2010 by the federal government has introduced a new dispensation in the management of compensation for employees that are injured or suffered disability in and out of employment. It is against this background that this paper examines the e ca 2010 with a view to ascertains the legal framework of employees compensation in nigeria and its. To address the flaws in the workmen compensation act, the employees compensation act, 2010 was signed into law in late 2010.
Gross salary includes basic salary, housing allowances. Rbe 612011 dated 11052011 workman is substituted by employee means any person who is i a railway servant not permanently employed in any administrative, district or subdivisional office of a railway and or not employed in any such capacity. The employee s ompensation act 2010 the act which repeals the workmens compensation act cap w6 laws of the federation of nigeria, 2004 is designed for an open and fair. This act of the federal republic of nigeria repeals the workmens compensation act cap. The nigeria social insurance trust fund nsitf and nigeria employers consultative association neca have signed an agreement on the implementation and administration of the employees compensation act, 2010 eca or the act. W6 laws of the federation of nigeria, 2004 and makes comprehensive provisions for payment of compensation to employees who suffer from occupational diseases or sustain injuries arising from accident at workplace or in the course of. Workers, nsitf parley on employees compensation scheme. Title slide of employee compensation act 2010 slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Pdf the employees compensation act, 2010 is a social securitywelfare. Factory related injury and employee compensation under nigerian law part 2 by ewere odiase esq, aciarb. Federal republic of nigeria nigeria social insurance trust fund nsitf employees compensation act, 2010 affidavit by employee confirming accidentoccupation disease claim no. Jun 24, 20 the employees compensation act, 2010 is a social securitywelfare scheme that provides comprehensive compensation to employees who suffer from occupational diseases or sustain injuries arising from accidents at workplace or in the course of employment. Employees compensation act,2010 was long awaited step after independence and more so after 1958 when when substantial industrialisation started taking pace. The crux of the act is the creation of an open and fair system of.
Nigeria social insurance trust fund, nsitf, has said that employee compensation act, eca, which is under its management, is to address all issues relating to workers insecurity, safety and anxiety. This act repeals the workmens compensation act cap. Certain provisions of the labour act are also implied into an employment contract regardless of the choice of law. Gross salary includes basic salary, housing allowances, and. The pension reform act 2014 newsletter july 2014 1. The laws and regulations governing the safety of the work place have been the subject of wanton violation especially in factories and industrial settings. The trade disputes act, 2004 the trade union amended act, 2005 the employees compensation act, 2010 the national minimum wage act, 2011 the pension reform act, 2014. Prior to workmens compensation system, workers injured at.
Certain provisions of the labour act are also implied into. The employees compensation act, 2010 is a social securitywelfare scheme that provides comprehensive compensation to employees who suffer from occupational diseases or sustain injuries arising from accidents at workplace or in the course of employment. If you continue browsing the site, you agree to the use of cookies on this website. Pension reform act 2014 national pension commission. Amendment act 2000 now changed as employees compensation act 1923.
Short title page employees compensation act, 2010 a 128328. This is in line with section 712 of the pra, 2004 and the provisions of the nsitf act, 1993, which statutorily empowered nsitf to manage all. The employees ompensation act 2010 the act which repeals the workmens compensation act cap w6 laws of the federation of nigeria, 2004 is designed for an open and fair system of guaranteed and adequate comprehensive provisions for payment of compensation to employees who suffer from occupational diseases. The pra 2014, which repeals the pension reform act no 2 of 2004, governs and regulates the administration of the contributory pension scheme the scheme in nigeria. Mar 05, 2019 the employees compensation act 2010, which regulates the payment of compensation to employees who suffer occupational diseases or sustain injuries arising from accidents in the workplace or. Employee s compensation act, 2010 a bill for an act to repeal the workmens compensation act cap. Company history nigeria social insurance trust fund. This form must be completed by the injuredsick employee or hisher dependants and submitted along with form ecs. This newsletter summarises some of the key provisions contained in the version of the act signed by the president. The employees compensation act, 2010 repealed the workmen compensation act and made comprehensive provisions for the compensation that will accrue to an employee or the employees estate in the event of death, injury, illness or any disability arising out of or in the. Employee compensation act designed to address insecurity. Compensation in the case of permanent partial incapacity 1 where permanent partial incapacity results from the injury, the amount of com pensation shall be a in the case of an injury specified in the second schedule to this act, such per centage of the compensation which would have been payable in the case of the. Employee compensation act 2010 pdf download citehr. The president of the federal republic of nigeria signed the employees compensation bill into law in 2010.
The employees compensation act 2010 gives all the information about the law that backs up the employee compensation scheme. Dear all please be informed that there is an amendment in ec act, now employer has to inform new employee about his rights under employees compensation act,2017 by display of abstract of act or provision of employees compensation act in english, hindi and local language, otherwise minimum penalty will be imposed on emplyer rs. The nigerian labour act is the primary legislation that regulates employment matters in nigeria. Editorial with president goodluck jonathans signature on the employees compensation act 2010, it can be safely said that the country has taken a significant step towards achieving a better life. Factory related injury and employee compensation under. The labour act of 2004 set the standard for the minimum amount of naira a worker in nigeria is. Two, the new employees compensation act 2010 eca is quite huge hence covering everything in an article of this nature could be rather challenging. W6 laws of the federation of nigeria, 2004 and makes comprehensive provisions for payment of compensation to employees who suffer from occupational. The employees compensation act, 2010 repeals the workmens compensation act, 2004. In nigeria, the first workmens compensation legislation was the ordinance of 1942. He told the union leaders representing private and public sector unions that they have a duty to ensure that employers make their contributions as stated in the employees compensation act 2010.
Federation of nigeria, 2004 and makes comprehensive provisions for payment of. But dont worry, i have found a clever way of going about it. Nsitf documents nigeria social insurance trust fund. Abstract nigeria has a predominantly youthful population and limited job. Therefore, this act is mandatory and applies to all employees regardless of the choice of law in the employment contract. Rbe 612011 dated 11052011 workman is substituted by employee means any person who is i a railway servant not permanently employed in any administrative, district or subdivisional office of a railway and or not employed in any such capacity as specified in. The constitution of the federal republic of nigeria, 199 as amended. Employers liability for compensation for death or incapacity resulting from accident. Oct 26, 2010 employees compensation act, 2010 was long awaited step after independence and more so after 1958 when when substantial industrialisation started taking pace. Oct 09, 2011 title slide of employee compensation act 2010 slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Employee s compensation act, 2010 explanatory memorandum this act repeals the workmens compensation act cap.
The act which came into effect from 17th day of december, 2010 is being managed by the board of nsitf who has been given the mandate to implement the act and manage the scheme and prescribe how money in the fund shall be applied. Nigeria social insurance trust fund employees compensation scheme ecs employees compensation act, 2010 frequently asked questions faqs motto. W6 laws of the federation of nigeria, 2004 and makes comprehensive provisions for payment of compensation to employees who suffer from occupational diseases or sustain injuries arising from accident at workplace or in the course of employment. The employees compensation act, 2010 repealed the workmen compensation act and made comprehensive provisions for the compensation that will accrue to an employee or the employees estate in the event of death, injury, illness or any disability arising out of or. Some of the key features of the law which nigerians need to be aware of are. Enacted by the national assembly of the federal republic of nigeria i. The agreement, which was recommended by a joint committee of nsitf and neca, will. Pdf employees compensation act federal republic of nigeria. Nigeria employment accident and occupational disease benefit. It makes comprehensive provisions for payment of compensation to employees who suffer from occupational diseases or sustain injuries arising from accident at workplace or in the course of their employment. This act applies to employees employed by the republic as well as private persons, except in the case of persons in the armed forces. Other laws that are applicable to this document are as follows. Employees compensation act, 2010 is a social securitywelfare scheme that provides comprehensive compensation to employees who suffer from occupational diseases or sustain injuries arising from accidents at workplace or in the course of employment.
The employee s ompensation ill 2010 was signed into law on 17 th day of december 2010 by the president of the federal republic of nigeria. An act further to amend the employees compensation act, 1923. The origin of the nigeria social insurance trust fund nsitf can be traced to the provident fund scheme which later became the social insurance scheme. The eca 2010, which repeals the workmens compensation act wca of 2004 and it is designed to provide an open and fair system of guaranteed and adequate compensation for employees or their dependents in the event of death, injury. Employees compensation act, 2010 was long awaited step after independence and more so after 1958 when when substantial industrialisation started taking pace. The labor code requires employers to provide employees up to 12 days of paid sick leave a year and paid maternity leave at 50% of wages for six weeks before and six weeks after the expected date of childbirth. February 2017 agreement between nsitf and neca on the. The law was established in order to provide an open and fair system of guaranteed and adequate compensation for employees or their dependants for any death, injury, disease or disability arising out of or in the course of employment. Be it enacted by parliament in the sixtyeighth year of the republic of india as follows. The labour act of 2004 set the standard for the minimum amount of naira a worker in nigeria is supposed to make.
The employees compensation act 2010 establishes the employees compensation scheme ecs to replace the workmens compensation scheme in line with global best practices and trends. The federal government of nigeria, in its bid to improve the welfare of nigerian employees recently enacted the employees compensation. History the labour act, 2004 the factories act, 2004 the pensions act, 2004 the trade disputes act, 2004 the trade union amended act, 2005 the employees compensation act, 2010 the national minimum wage act, 2011 the pension reform act, 2014. The basis or justification for compensation is the employers duty of care. Employees compensation 2010 hr jobs in nigeria, hr. The employees compensation act 2010 the act which repeals the workmens. Workmens compensation act wca sought to compensate employees for loss suffered following industrial and other work related mishaps, this act had several shortcomings, which led to its replacement with the employees compensation act, 2010 the act or eca. In the light of the above, interactive sessions were held between neca and nigeria. Jul 22, 2019 the employees compensation act 2010 gives all the information about the law that backs up the employee compensation scheme. Employees compensation act, 2010 explanatory memorandum this act repeals the workmens compensation act cap. Pearce 2010 compens ation implies having a compensation structure in which the employees who perform better are paid more than the average performing employees.
The ecs provides adequate and timely compensation for employees who suffer injuriesdiseases in the course of their employment. The employees compensation act grants inalienable rights to employees in nigeria. Jonathan, gcfr, to give statutory backing to the mandate given by section 712 of the pra to nsitf for the provision of social security insurance services by operating the ecs. W6 lfn, 2004 and to make provisions for compensations for any death, injury, disease or disability arising out of or in the course of employment. The employees compensation amendment act, 2017 pdf. The act in section 22 stipulates that the scheme shall be managed by nigeria social insurance trust fund nsitf.
The nigeria social insurance trust fund management board. The predecessor of nsitf, the national provident fund npf was established by an act of parliament in 1961 to provide a. The senate, national assembly, nigeria pdf of bill pdf of bill doc. The challenges of assessing and providing compensation for mental.
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