Analyzing the Duties of Employer and Employee in the Nigerian Law

Abstract

The paper examines the duties of an employer and employee in the Nigerian law. The relationship between employer and employee or what is traditionally referred to as the master and servant relationship constitutes the very foundation of labour law; and the relationship has its basis in the contract of employment. A contract of employment is any agreement where one person agrees to employ another as an employee or worker and that other person agrees to serve the employer as an employee. An “employer” is one who employs another as a worker either for himself or for the service of any other person, and includes the agent of that first-mentioned person and the representatives of a deceased employer. An “employee” is one employed by an employer under a contract whether on a continuous or temporary apprenticeship or casual basis and includes a domestic servant who is not a member of the family of the employer including any person employed in the local, state or federal governments. The relationship between employer and employee gives rise to duties which are recognised and enforceable in law. Some of the duties of the employer include: to pay wages, to provide work and to take reasonable care of employee against workplace injury while that of the employee involve, obedience and faithfulness.