Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Age (Underground Work) Convention, 1965 (No. 123) - Nigeria (Ratification: 1974)

Article 4(5) of the Convention. Employer’s obligation to make available to the workers’ representatives, at their request, the list of persons employed in work underground. The Committee had noted that under section 62 of the Labour Act, every employer is required to keep a register of all young persons in his or her employment with particulars of their ages, the date of employment and the conditions and nature of their employment and to produce the register for inspection when required by an authorized labour officer. It had further noted that under section 91(1) of the same Act, “young person” means a person under the age of 18 years and “industrial undertaking” includes mines, quarries and other works for the extraction of minerals from the earth.

The Committee notes the Government’s statement that the various state offices of the Federal Ministry of Labour and Productivity have been directed to inform the employers to release, on demand, the register of all young persons in their employment (kept pursuant to section 62 of the Labour Act) to the trade union, in compliance with section 5(6) of the Labour Act, Cap L1, LFN 2004. The Committee notes, however, that section 5(6) of the Labour Act, Cap L1, LFN 2004 relates to the list of employees from whom deductions for overpayment of wages were made, which shall be made available by employers when making payment to a trade union. The Committee observes that for a number of years, it had been requesting the Government to indicate the measures taken to give effect to the Convention (Article 4(5)), under which the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed in work underground and who are less than two years older than the minimum age specified by the Government which is 16 years. The lists should contain the dates of birth as well as dates at which they were employed or worked underground in the undertaking for the first time. The Committee therefore requests the Government to indicate the measures taken or envisaged to bring the national legislation into conformity with the provisions of Article 4(5) of the Convention.