10.6092/issn.1561-8048/10951
Despite the recondite nature of covid-19, Nigeria government relied on the provisions of the Quarantine Act 1926 to prevent and contain its spread. In line with the Act, emergency regulations were issued along with other emergency measures. Some of these measures are impacting workers and working conditions negatively. So far, government’s efforts at mitigating the impact on workers have been concerned with workers in the public and organized private sectors; leaving out vulnerable workers in the informal economy.
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Philip Osarobo Odiase
Italian Labour Law e-Journal
Healthcare Workers
COVID-19 and Labour Law: Nigeria
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National Reports
2020-05-11
2020-05-08
2020-04-15
2020-09-15
ILLeJ
Philip Osarobo Odiase
2020/05/11
10.6092/issn.1561-8048/10951
Adekunle Ajasin University
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Healthcare Workers
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COVID-19 and Labour Law: Nigeria
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COVID-19 and Labour Law: Nigeria                                                   Italian Labour Law e-Journal
Philip Osarobo Odiase                                                             Special Issue 1, Vol. 13 (2020)
philip.odiase@aaua.edu.ng                                           Covid-19 and Labour Law. A Global Review
                                                                                                ISSN 1561-8048
                                                                 https://doi.org/10.6092/issn.1561-8048/10951




                  COVID-19 and Labour Law: Nigeria
                      Philip Osarobo Odiase*

                                                 Abstract
     Despite the recondite nature of covid-19, Nigeria government relied on the provisions of the
     Quarantine Act 1926 to prevent and contain its spread. In line with the Act, emergency
     regulations were issued along with other emergency measures. Some of these measures are
     impacting workers and working conditions negatively. So far, government’s efforts at mitigating
     the impact on workers have been concerned with workers in the public and organized private
     sectors; leaving out vulnerable workers in the informal economy.



     Keywords: Covid-19; Labour Law; Remote Work; Layoffs; Informal Workers; Healthcare
     Workers.




 1. General Framework

    Nigeria confirmed its first Covid-19 case (an Italian) on 27 February 20201. Thereafter,
 there has been a steady increase in the number of persons testing positive to Covid-19.
 Toward the protection of public health, the President relied on sections 2, 3, and 4 of the
 Quarantine Act of 19262 as statutory backing to issue Covid-19 Emergency Regulations3.
 Pursuant to section 2 of the Act, the Regulations declared Covid-19 a dangerous disease and
 empower the government to restrict movement within, into or out of Nigeria. The
 Regulations gave wide powers to restrict or prohibit the gathering of persons, the conduct
 of business, and other activities.
    Noting that majority of the confirmed Covid-19 cases were recorded in Lagos State, Ogun
 State and the Federal Capital Territory (FCT), the President on 29 March 2020 relying on
 section 3 of Quarantine Act declared these three places infected areas and ordered a
 lockdown for an initial period of 14 days; extendable subject to prevailing circumstances4.


 *
   Senior Lecturer and Head of the Department of Private Property Law, Faculty of Law, Adekunle Ajasin
 University, Akungba, Ondo, Nigeria.
 1 Ruth Maclean and Abdi Latif Dahir, ‘Nigeria Responds to First Coronavirus Case in Sub-Saharan Africa’, The

 New York Times, ( 28 February 2020) www.nytimes.com/2020/02/28/world/africa/nigeria-coronavirus.html
 accessed 24 April 2020
 2 (the Quarantine Act) Cap Q2 Laws of the Federation of Nigeria 2004 (LFN)
 3 2020 March 29, 2020
 4 Has been extended for another 14 days
    Philip Osarobo Odiase                                                       Italian Labour Law e-Journal
                                                                               Special Issue 1, Vol. 13 (2020)
                                                                  Covid-19 and Labour Law. A Global Review
                                                                                    Section: National Reports




   Pursuant to section 8 of the Quarantine Act, similar measures were taken by the State
governments within their jurisdictions though with slight variations5. The measures range
from partial lockdown to full lockdown. People were ordered to stay at home, travels within
and outside the states restricted to expressly permitted movements, ban on gathering of more
than 20 people imposed and maintenance of social distance in permitted gatherings
prescribed, schools were closed down and a dusk to dawn curfew imposed by most states
within their jurisdictions6. Open markets in most of the states have been temporarily shut
down or relocated7. In compliance with government’s directive businesses and offices
premises except those expressly allowed to continue their activities have been closed.
   On the surface, these measures appear to violate the guaranteed constitutional rights to
freedom of religion, peaceful assembly and association, and freedom of movement8.
However, the Constitution contains a proviso which validates laws limiting the enjoyment of
these rights in the interest of public safety or public health and to protect the rights of other
persons9.

2. Impact of COVID-19 Measures on Workers

    Sequel to government directives, employers whose businesses could be conducted
remotely asked their workers to work from home10. On the other hand, employers whose
businesses could not be effectively conducted remotely were compelled to shut down
temporarily and their workers directed to stay home with either full pay or reduced salaries11
or placed on temporary layoffs without pay12. Other extreme measures include termination
of employment. Incidentally, the bulk of Nigerian workers comprising of casual workers, the
self-employed, and employees in the informal sectors whose job cannot conduct remotely
are the worst hit13; particularly those whose daily earnings constitute their only source of
sustenance.
    Being in the front line of the fight against covid-19, Healthcare workers are allowed to
move freely. Sadly, the healthcare sector before the advent of covid-19 was in a state of
doldrums, lacking basic infrastructure and equipment including personal protective

5 See Lagos State Infectious Diseases (Emergency Prevention) Regulations 2020
6  Yinka Adeniran, ‘Makinde imposes curfew as Oyo records new COVID-19 cases’ The Nation (28 March
2020), https://thenationonlineng.net/makinde-imposes-curfew-as-oyo-records-new-covid-19-cases/ accessed
26 April 2020
7 Justin Tyopuusu, ‘COVID-19: Taraba closes markets, bans public gathering’ Punch         (1 April 2020) <
https://punchng.com/covid-19-taraba-closes-markets-bans-public-gathering/ > accessed 26 April 2020
8 Ss. 38, 40 and 41, Constitution of the Federal Republic of Nigeria 1999, Cap C23, LFN
9 Ibid s 45.
10 Nigerian Stock Exchange “Coronavirus (Covid-19) Our Response”

<www.nse.com.ng/mediacenter/news_and_events/Pages/covid-19-our-response.aspx.> 20 April 2020
11 Kelvin Osa Okunbor, “Arik Air cuts workers’ salaries by 80 percent”, The Nation (25 April 2020) <

https://thenationonlineng.net/arik-air-cuts-workers-salaries-by-80-percent/> accessed 26 April 2020
12 Nicholas Ibekwe, “COVID-19: Arik cuts salaries by 80%, places 90% of staff on leave without pay” Premium

times (Nigeria, April 24, 2020) <www.premiumtimesng.com/business/business-news/389578-covid-19-arik-
cuts-salaries-by-80-places-90-of-staff-on-leave-without-pay.html> accessed 26 April 2020
13 ILO Monitor, COVID-19 and the world of work, Updated estimates and analysis (2ed 7 April 2020)

<www.ilo.org/wcmsp5/groups/public/---dgreports/---
dcomm/documents/briefingnote/wcms_740877.pdf> accessed 27 April 2020

https://doi.org/10.6092/issn.1561-8048/10951                                                                 2
     Philip Osarobo Odiase                                                    Italian Labour Law e-Journal
                                                                             Special Issue 1, Vol. 13 (2020)
                                                                Covid-19 and Labour Law. A Global Review
                                                                                  Section: National Reports




equipment (PPE) for the healthcare workers. Grappling with covid-19 pandemic under these
circumstances pose serious challenges for healthcare workers; many have tested positive to
covid-1914.


3. Cushioning Measures

   There have been a series of interventions coming from different government quarters. In
response to the dilapidated state of the healthcare sector, the Federal Government through
the CBN on 16 March 2020 amongst other economic stimulus made available a 100billion
Naira (N100b) facility for the benefit of pharmaceutical companies, hospitals and healthcare
practitioners who intend to build or expand their drug manufacturing plants or health
facilities to first-class centres15.
   Similarly, on 22 April 2020, after meeting with the representatives of the Nigeria Medical
Association, the Joint Health Sector Unions and the National Association of Nigerian Nurses
and Midwives, commencing from March 2020, the Federal government approved three
months special covid-19 allowances for healthcare workers; payment of 50 % of net salary
as hazard allowance and 40% increase on the consolidated salary for all health care workers
in federal government employment16. Further, health workers directly involved in the
treatment of covid-19 patients are to receive additional risk allowances of 20% of their
salaries, while non-core health workers will get 10% of their salaries17. Government also
approved a tax exemption for health care workers during the period of the emergency. And
generally, Federal government employees (including healthcare workers), will henceforth be
insured against job hazards18. Similar packages have also been extended to some State health
workers by their respective State government19.
   While workers in the public sectors have continued to enjoy full monthly salaries, the
position of their counterparts in the private sector is not too palatable, as employers are
finding it increasingly difficult to offset wage-bills. Towards the protection of jobs, the House
of Representatives on 24 March 2020 passed the Emergency Economic Stimulus Bill, 2020
(the Bill)20. The Bill amongst others provides incentives for registered corporate employers

14 Chukwuma Muanya, Bridget Chiedu-Onochie and Nkechi Onyedika-Ugoeze ‘Panic as 40 Health workers
test positive for coronavirus’ The Guardian (24 April 2020) https://guardian.ng/news/panic-as-40-health-
workers-test-positive-for-coronavirus/ accessed 19 April 2020
15    CBN ‘CBN Policy Measures in Response to Covid-19 Outbreak and Spillovers’
<https://www.cbn.gov.ng/Out/2020/FPRD/CBN%20POLICY%20MEASURES%20IN%20RESPONSE
%20TO%20COVID-19%20OUTBREAK%20AND%20SPILLOVERS.pdf> accessed 26 April 2020
16 Temitope Obayendo, “FG Approves COVID-19 Allowances for Health Workers”, Pharmanes (22 April 2020)

< www.pharmanewsonline.com/fg-approves-covid-19-allowances-for-health-workers/ > accessed 23 April
2020.
17 Ibid
18 Abulu Osemuaghu , ‘FG approves special Covid-19 allowances for Health workers’ AIT

https://ait.live/fg-approves-special-covid-19-allowances-for-health-workers/ accessed 24 April 2020
19 Lagos State Government increased health workers hazard allowance by 400 %. See Covid-19: Sanwo-Olu

Increases Hazard Allowance Of Health Officers https://lagosstate.gov.ng/blog/2020/04/22/covid-19-
sanwo-olu-increases-hazard-allowance-of-health-officers/ accessed 27 April 2020
20 https://www.nassnig.org/news/item/1472> accessed 23 April



https://doi.org/10.6092/issn.1561-8048/10951                                                               3
     Philip Osarobo Odiase                                               Italian Labour Law e-Journal
                                                                        Special Issue 1, Vol. 13 (2020)
                                                           Covid-19 and Labour Law. A Global Review
                                                                             Section: National Reports




to retain their staff strength as of 1 March 2020 until 31 December 2020. Compliance entitles
a company to a 50% income tax rebate on the total amount due or paid as Pay-As-You-Earn
Tax behalf of its worker under the Personal Income Tax Act21. The benefit inures even where
any of the workers die of natural causes, voluntarily disengage or where termination is due
to a breach by the worker. The rebate period may be extended for as long as covid-19 remains
a pandemic. The Bill will become law after its ratification by the House of Senate and
assented to by the President.


4. Gaps

    Except as mentioned earlier, so far, there has been no involvement of the social partners22.
No visible measures in place for protection of most vulnerable workers -casual workers, the
self-employed, and employees in the informal economy. There is also no comprehensive
social welfare scheme in the country. And in the event of a wrongful termination of
employment, remedy can only be sought under the pre-existing labour law framework which
has been adjudged deficient juxtaposed against the proclivity of modern employment
relationship23.




Copyright © 2020 Philip Osarobo Odiase. This article is released under a Creative Commons
Attribution 4.0 International License




21 Cap P8, LFN 2004
22 ILO: COVID-19 and the world of work; Country policy responses
 https://www.ilo.org/global/topics/coronavirus/country-responses/lang--en/index.htm#NG
23 KPMG ‘The Labour Act for Review’ < https://home.kpmg/ng/en/home/insights/2019/11/the-labour-

act-for-review-.html> accessed 27 April 2020

https://doi.org/10.6092/issn.1561-8048/10951                                                          4
