Employment Without Dignity: The Legal Reality of Casualisation in Nigeria

When Kunle got his first job in a manufacturing company in Lagos, he felt hopeful. It was not the dream job, but it was a start. Every morning, he worked hard, often beyond his shift hours, hoping to be confirmed as a full-time staff member. A year later, he was still on a “temporary” contract. He had no health insurance, no pension, and no guarantee of work the next day. Each Friday, he waited anxiously to hear if his name would be called again on Monday. Kunle’s experience captures the silent struggle behind casual work in Nigeria.

Understanding Casual Work in Nigeria

Casual or non-standard work arrangement refers to any form of employment that does not fit the traditional full-time model. It includes fixed contracts, part-time work, temporary jobs, and on-call work.

Under Nigerian labour law, a casual employee is defined as one engaged for less than six months and paid daily. However, this definition rarely matches reality. Many workers remain on casual status for one or two years or even longer.

The Nigerian House of Representatives has passed a Bill seeking to amend the Labour Act to prohibit and criminalize casualisation beyond six months. If signed into law, employers will be compelled to regularize workers who have been in service for more than six months.

The Rise and Spread of Casualisation

In the past, casual jobs were limited to unskilled roles such as construction or factory work. Today, both skilled and unskilled individuals in public and private sectors are hired casually. This shift is driven by employers seeking to cut costs and avoid long-term obligations.

For companies, casual work means saving money. For workers, it means uncertainty, low income, and little or no legal protection. This imbalance has turned what was supposed to be a flexible arrangement into a tool for exploitation.

Why Casual Work Persists

Nigeria’s unemployment rate remains high. According to the National Bureau of Statistics, over 20 million Nigerians were unemployed as of 2018. With limited options, many people accept any job available, even when it strips them of basic rights.

This economic pressure gives employers the upper hand. They can easily replace workers and avoid providing benefits like pensions, medical insurance, or leave entitlements. As a result, casual work in Nigeria has become a survival mechanism for many rather than a career path.

The Legal Rights of Casual Workers

The Nigerian Constitution guarantees every citizen the right to freedom of association, which includes the right to form or join trade unions. The Trade Union Act also defines unions as combinations of workers or employers, whether temporary or permanent, created to regulate employment conditions.

In Patovilki Industrial Planners Limited v. National Union of Hotels and Personal Services Workers, the National Industrial Court ruled that both casual and permanent workers can join trade unions. Despite this, many employers still deny casual workers union membership, preventing them from negotiating better conditions.

Discrimination and Inequality in the Workplace

The Constitution prohibits discrimination of any kind. It directs the state to ensure that all citizens have access to fair and equal employment opportunities. Nigeria has also ratified international conventions such as the ILO Equal Remuneration Convention (1951) and the Discrimination (Employment and Occupation) Convention (1958), both of which demand fairness at work.

In practice, casual workers rarely enjoy such equality. They are often paid less for the same work, denied promotion, and excluded from benefits available to permanent staff. This growing divide between casual and permanent workers has created a class system within the workplace.

Redundancy and Job Insecurity

The Labour Act provides clear procedures for declaring redundancy. Employers must inform trade unions or worker representatives before laying off staff, and they must negotiate redundancy payments.

Casual workers are usually excluded from these protections. Since they are not unionized, they can be dismissed without notice or compensation. Some are sent home under claims of redundancy without any payment or explanation. This unfair practice continues to fuel job insecurity across the country.

The Role of the Nigeria Labour Congress

The Nigeria Labour Congress (NLC) has consistently spoken against casualisation, describing it as a violation of workers’ dignity and fundamental rights. The NLC argues that casual work undermines the spirit of fair employment and the constitutional right to human dignity.

Their advocacy emphasizes that every worker deserves respect, fair pay, and a safe work environment, regardless of their employment status.

Recommendations for Reform

To restore fairness and dignity at work, Nigeria must strengthen its labour laws and explicitly define the legal status and rights of casual workers. The government should enforce strict penalties for employers who exploit workers under the guise of casualisation.

Casual workers should be covered under the Employee Compensation Act and similar laws that provide social protection. Employers must also recognize that productivity and loyalty come from job security, not fear.

Conclusion

Casual work in Nigeria was originally meant to offer flexibility to people who could not take full-time jobs. Unfortunately, it has become a system that leaves millions vulnerable, underpaid, and unprotected.

For Nigeria’s workforce to truly thrive, employment must come with dignity. Regulating casualisation is not just a legal necessity but a moral one. Every worker, whether temporary or permanent, deserves fairness, security, and the opportunity to build a future without fear.