The Practice of Casualisation and Outsourcing of Labour in the Banking Sector
Martina A. Ebikake-Nwanyanwu, Nwokolu Atejimah
Abstract
Over the past few years, the Nigerian labour industry has evolved greatly, with a shift from the standard form of employment to a more flexible pattern. The trajectory of the labour market and its move towards flexibility has rather made the practice in the labour industry complicit and an area which is deserving of attention from all stakeholders. This is due to the gradual slide from the traditional full-time employment to the contracted and outsourced form of employment. This form of employment has gained prominence and recognition, particularly in the banking sector which is the core area of this study. It has introduced an unfair practice of labour in this sector and in the economy of Nigeria at large as against the context of the international labour standards. Casualisation and outsourcing of labour have been identified as a global phenomenon, which has necessitated a comparative analysis of its practice and its legal response in Nigeria to that of other countries, such as the United Kingdom and India. This study examines the legal framework in these countries on casualisation and outsourcing of labour and brings to forbear the factual existence of economic liberalisation and privatisation which are necessary factors for economic development as primary indices of these practices.
Keywords
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Black HC, Black’s Law Dictionary (6th edn, West Publishing Co 2004).
Journal Articles
BGafar B, Afolabi O and Taiwo BA, ‘Modernisation or Modern Slavery: The Concept of Casual/Contract Labour and the Dilemma of Economic Growth in Nigeria’ (2020) 4(2) ARC Journal of Addiction 17.
Folarin PH, ‘The Workplace and Constitutionalism in Nigeria’ (12) UI Law Journal 294.
Jayaram N, ‘Protection of Workers’ Wages in India: An Analysis of the Labour Code on Wages, 2019’ (2019) 54(49) Economic & Political Weekly https://www.epw.in/index.php/engage/article/protection-workers-wages-india-labour-wage-code accessed 4 June 2024.
Rojot A, ‘Statistics for Growth in Contract and Casual Labour in Working Time in Industrialised Countries: The Recent Evolution’ in Comparative Labour Law and Industrial Relations in Industrialised Market Economies (7th edn, 1998) 452.
Troaca VA and Bodislav DA, ‘Outsourcing: The Concept’ (2012) 29(6) Theoretical and Applied Economics 51.
Wilson I, Akpaibo O and Mamman-Odey M, ‘Guidelines on Labour Outsourcing: A Guide to Best Practices in Nigeria?’ (2022) Templars https://www.templars-law.com/app/uploads/2022/12/Guidelines-on-Labour-Outsourcing.pdf accessed 11 May 2024.
Cases
Engineer Ignatius Ugwoke v Aeromaritime (Nigeria) Ltd Suit No NICN/LA/482/2013 (NICN, 30 November 2016).
Mr Morrison Owupele Inimgba v Integrated Corporate Services Ltd & Anor [2015] 57 NLLR (Pt 195) 268 (NIC).
Olalekan Kehinde & Anor v Airtel Nigeria Ltd & Anor Suit No NICN/LA/453/2012 (NICN, 13 December 2016).
Owena Mass Transportation Co Ltd v Okonogbo (2018) LPELR-45221 (CA).
Stephen Ayaogo & 16 Others v Mobil Producing Nigeria Unlimited & Another (2013) 30 NLLR.
Legislation
Constitution of the Federal Republic of Nigeria 1999 (as amended).
Constitution of the Federal Republic of Nigeria 1999 (as amended by the Third Alteration Act 2010).
Employees’ Compensation Act 2010.
Employment Rights Act 1996 (UK).
National Industrial Court Act.
Reports, Guidelines and Official Documents
Digest of Judgments of the National Industrial Court (1978–2006).
Digest of Judgments of the National Industrial Court (2014).
Guidelines on Labour Administration Issues in Contract Staffing/Outsourcing Non-Permanent Workers in Banks, Insurance and Financial Institutions.
ILO International Labour Office, Bulletin of Labour Statistics (1993).
ILO Report.
Online Sources / Web Materials
Danesi AR, ‘Labour Standards and the Flexible Workforce: Casualisation of Labour under the Nigerian Labour Laws’ http://www.ilera-directory.org/15thworldcongress/files/papers/Track_4/Poster/CSIW_32_danesi.pdf accessed 23 December 2023.
Jose SP, ‘India’s Labour Reforms: The Informalisation of Work and Growth of Semi-Formal Employment’ (2022) ResearchGate https://www.researchgate.net/publication/365362175 accessed 4 June 2024.
Krukrubo T and Seth-Nzor D, ‘Innovative NICN Judgments Could Rewrite Labour Law Jurisprudence’ (2021) Lexology https://www.lexology.com/library/detail.aspx?g=6ab96964-bc9e-4b8d-a32c-42813ed91929 accessed 13 May 2024.
Silver D, ‘Back to the Future: Casualised Labour, Innovation and the Future of Work’ (UCL IIPP Blog, 15 August 2019) https://medium.com/iipp-blog/back-to-the-future-casualised-labour-innovation-and-the-future-of-work-8a0e5238b1ab accessed 28 May 2024.
Union Comunista Internacionalista, ‘Britain: The Resistible Rise of Casualisation’ https://www.communist-union.org/es/2017-10/britain-the-resistible-rise-of-casualisation-4873 accessed 1 June 2024.
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