“But the provisions of that section are made applicable only to a ‘worker’ as defined in section 91(1) of the same Act. ‘Worker’ is defined in the section as follows:

“‘Worker’ means any person who has entered into or works under a contract with an employer, whether the contract is for manual labour, clerical work or is expressed or implied, oral or written, and whether it is a contract of service or a contract personally to execute any work or labour, but does not include –

(a) any person employed otherwise than for the purposes of the employer’s business, or
(b) persons exercising administrative, executive, technical or professional functions as public officers or otherwise, …”

The respondent was employed as a senior editor in 1985, and at the time his appointment was terminated by the company, he was the company’s controller of publications. He was, therefore, throughout his stay with the company, a person exercising administrative/executive or technical functions. I therefore hold that the provisions of section 20(1)(a) of the Labour Act are not applicable to him.” – Evans Bros (Nig.) Pub. Ltd v. Falaiye (2003) 13 NWLR (Pt. 838) 564 at 588 paras B – F.

For decades, the Nigerian Labour Act, 1971 (the “Act”) has been widely perceived as a legislative safeguard protecting the interests of only low-cadre staff, given the interpretation of a ‘worker’ under section 91 of the Act and a plethora of judicial pronouncements on the applicability of the Act to the workforce in Nigeria.

However, a deep dive into the Act reveals that its protective reach extends beyond factory floors and construction sites. From high-powered executives in corner offices to the women and young persons eking out a living within Nigeria’s economic landscape, the rights and protections available under the Labour Act also apply to specific categories of persons, regardless of their job descriptions or the positions they hold within an organisation.