Right to Collective Bargaining in Nigeria: Lessons from South Africa And the United Kingdom

Abstract

The right to collective bargaining constitutes a fundamental mechanism for regulating employment relations, promoting industrial democracy, and maintaining industrial peace. The paper adopted doctrinal research method, by way of examination and analysis of primary and secondary authorities. The paper also undertook a critical examination of the collective bargaining regimes of South Africa and the United Kingdom. The paper found that Nigeria possesses an appreciable legal and institutional framework for collective bargaining, but that the framework does not sufficiently guarantee its effective implementation and enforcement. The paper further found that the absence of an express constitutional guarantee of collective bargaining, weaknesses in statutory provisions, inadequate enforcement of collective agreements, government interference, employer resistance, casualisation and outsourcing, among other forms of precarious employment, constitute significant impediments to effective collective bargaining. The paper concluded that these challenges have contributed to recurrent industrial disputes and prolonged implementation of negotiated agreements, with adverse consequences for workers’ welfare and industrial stability. The paper recommended constitutional and legislative strengthening of the right to collective bargaining. It also recommended for the establishment of clear and effective institutional mechanisms for monitoring compliance with collective agreements and their enforcement.

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