Section 40 of the Labour Act in Nigeria. Special terms and conditions of contract

(1) Every foreign contract shall, in addition to any terms or conditions required to be inserted by any other provision of this Act, contain terms or conditions-

(a) providing for workers to have one day free of work in each week;

(b) providing for a daily ration of food to be provided free;

(c) providing for-

(i) rations and half pay to be given from the date of recruitm ent to the date of departur e from Nigeria, and full pay and rations thereafte r, and

(ii) full pay and rations to be given on the return journey up to disemba rkation in Nigeria, and rations and half pay to be given from the point of disemba rkation to the place of recruitm ent;

(d) providing for one half (or such other proportion as may be specified in the contract) of his wages to be paid monthly to the worker direct in lawful currency, and for the remaining portion to be remitted to an authorized labour officer in the area in which the worker was recruited for payment to the worker on his return to his home;

(e) giving particulars of the clothing, blankets, cooking utensils, fuel and housing accommodation to be furnished by the employer free of charge;

(f) giving particulars of the medical attention and housing accommodation to be provided by the employer free of charge;

(g) giving particulars of the transport to be provided free to the worker from and to the place of recruitment and the place of employment;

(h) giving particulars of the arrangements to be made with regard to the provision of rations and the matters mentioned in paragraphs (e), (f) and (g) of this subsection to members of families authorized to accompany workers;

(i) giving particulars of the terms and conditions of repatriation of workers and their families and of the procedure to be followed in case of a refusal of repatriation;

(j) giving particulars of the procedure to be followed in case of the death or desertion of or other casualty to the worker, with particular reference to-

(i) the payment of any wages due to him,

(ii) the distribut ion of any moneys in the hands of an authoriz ed labour officer, and

(iii) the reportin g of the death, desertio n or other casualty to the proper authoriti es;

(k) giving particulars of the deductions which may be made from the wages of the worker and the worker's rights of appeal;

(l) giving particulars of the procedure to be followed for the dismissal of the worker for inefficiency arising from sickness or for any other reason, and of his rights under that procedure; and

(m) specifying the terms of re-engagement.

(2) Every foreign contract shall be made in triplicate and entered into in the presence of an authorized labour officer, who shall-

(a) upon the production to him of the employer's permit authorizing the engagement of the worker in question, cause the contract to be read over to the worker or, if the worker is unable to understand the language in which the contract is written, to be translated orally into a language which is understood by the worker; and

(b) if he is satisfied that the contract is fully understood and voluntarily entered into by the worker, certify by endorsement on the contract that he has carried out the provisions of this subsection and that the worker has been duly recruited under this Part of this Act; and

(c) enter on the employer's permit the number of workers engaged there under.

(3) The Minister shall ensure that a copy of every foreign contract is transmitted as soon as may be to the government of the territory in which the place of employment is situated.

(4) An authorized labour officer shall keep a register of-

(a) the name and place of abode of every worker entering into a foreign contract before him under subsection (2) of this section;

(b) the date and duration of the contract;

(c) the place of employment thereunder;

(d) the name of the employer and his agent, if any; and

(e) the nature of the employment, and the register (or a copy of any entry therein certified as a true copy by that or another authorized labour officer) shall be received in any court as evidence of the facts stated therein without further proof.

Section 40 of the Labour Act in Nigeria

Act structure