7 Employee Rights You Should Know

Knowledge, they say, is power. And if there’s one aspect of knowledge we all need these days, it’s the knowledge of human rights, especially in the employment sector.

You may have come across this new phrase on social media lately, called “quiet quitting.” It’s easy to misconstrue what it means, but quiet quitting is not the same thing as quitting your job altogether.

Quiet quitting, as I have come to understand it, is simply defining what your role is within your organization, and sticking to it. It means no more additional tasks that do not fit your job description, and no more overtime work without due compensation either.

Sadly, a lot of employees are ignorant about their rights, benefits and legal entitlements. This way, it is much easier to intimidate them by taking advantage of their ignorance. A company provides an employee with the opportunity to be productive and receive financial compensation. Yet, the employee also provides valuable services to the company and should be treated with dignity.

So If you ask me, I say it’s about time we had a solid conversation on employee rights.

1. Right To Compensation For Work Done

One thing that employers get away with sometimes, is not paying their staff. Sometimes they fire the employee halfway through the month with no pay. Yet if the tables were turned and the employee wanted to leave, they would demand adequate notice.

Under the law, an employee must be paid for services rendered, even if he did the job halfway and quit. It is called the principle of “quantum meruit.” This Latin phrase, which means “as much as he has earned” was developed to hold employers of labour accountable for the services rendered to them by their employees or workers.

Sometimes, employers create a probation period within which they state that the employee may be relieved of his duties without any explanation or notice. This does not absolve them of their legal obligation to pay for services rendered during the period of probation. All employees deserve and should be paid their wages.

2. Right To Fair Hearing In An Investigation Against You

An African proverb says you do not shave a man’s head in his absence. Not only is it ridiculous to investigate and fire a person without giving them a chance to state their own side of the story, it is downright illegal.

One of the pillars of the entire justice system, is the right to fair hearing, especially in the face of criminal allegations. No employee should be fired without a fair investigation of events. And for an investigation to be fair, the employee has the right to know the details of the allegations against him, and to defend himself against these allegations, no matter how frivolous they may be.

The first principle of fair hearing is derived from the latin phrase, ”audi alteram partem” (hear the other side). In Langdale v, KDR Victoria Pty Ltd, the court held that it was illegal to dismiss the employee without giving him a copy of the report on the allegations against him, and without allowing him to defend himself.

It is also important to ensure that the investigation process is seen to be fair and independent. It must not violate the second fundamental principle of fair hearing, which is “nemo judex in causa sua”, (no one should judge his own cause).

In Shell Petroleum v. Olarenwaju, (2008) 18 NWLR [PT 1118], Mr Olarenwaju was accused by one Mr Adesanya, of sending out letters threatening his colleagues. Mr Adesanya sat on the investigative panel and executed the final decision by signing the dismissal letter. The Supreme Court of Nigeria held that this violated the principle of fair hearing. Mr Adesanya the complainant was also the investigator, the judge and the executioner all in one.

3. Right to A Written Contract Stating Employment Terms

While it is common practice to enter into employment agreements without written contracts, the law says otherwise. In Nigeria, Part I of the Labor Act stipulates that an employee is entitled to a written contract within the first 3 months of employment. This contract must contain the following terms:

• The particulars of the parties
• The job description
• The duration of the contract
• The agreed compensation
• Additional benefits of the employee

Sometimes, employers draw up a contract that describes the terms of employment, but go ahead to give the employee tasks that completely exceed what is typically expected and agreed in such a role.

In the case of Aslam v. Uber, the UK Supreme Court held that employment tribunals must consider the actual relationship between the parties, and not focus solely on the words of the contract. The court must consider the actual wordings of the law, what wrong the law was created to correct, and apply it to the facts of the case. So if the employment relationship between the parties is inconsistent with the words of the contract, the court must apply the law to what exists in reality, and not consider the contract in isolation.

4. Right To Privacy And Data Protection

All employers have a legal obligation to safeguard the data of employees and protect their right to privacy. The employee’s personal information must be obtained with due consent, without fear of intimidation, fraud or manipulation. The employee’s consent must be clear, unambiguous, direct, and not misinformed.

One major legal provision on data protection in the world is the European General Data Protection Regulation (GDPR). This law was created to safeguard the individual’s right to privacy, and is a model for many data protection laws around the world. It emphasizes the need for transparency in processing employee’s data, and the need for informed consent.

5. Right To Paid Annual Leave, Sick Leave And Parental Leave

While the agreed number of days for annual leave varies across different jurisdictions, every country in the world has a legal requirement for employers to grant their employees annual leave with pay.

Although legal provisions for maternity leave exist around the globe, the world is only just starting to adapt to the idea of paternity leave. Yet even the available provision for maternity leave is not without fault. Some organizations make it seem as though it is a crime for career women to get pregnant. There have been stories of women hiding their pregnancies for months, just to avoid getting fired, queried or demoted.

Even women in sports and the entertainment industry are not spared. Finding a work environment that respects its employees and accommodates them is the exception rather than the norm, and this has to change. Women should not feel ashamed of their own biology or the responsibility to bring new life into this world.

And if there’s anything we ought to know by now, it’s that children need their fathers, and men have a right to spend time with their children. We need to recognize an employee’s right to have and enjoy a healthy work/life balance, give them enough time to rest, and respect their rights to enjoy some quality time with their families.

6. Right To Compensation Incase Of Injury Or Death

An employee has a right to receive compensation for any serious harm or damage he suffers during the course of his employment. In Nigeria, the Employee Compensation Act imposes liability on employers in the public and private sectors to pay adequate compensation to employees or their dependents for any loss, damage, injury, or disability suffered during employment.

It covers injuries suffered on the way to the place of work and back to the employee’s residence, where he is to receive remuneration or any other place he visits concerning his duties. An employee who suffers from mental stress from a sudden, unexpected and traumatic experience during his employment is also entitled to compensation upon diagnosis by an accredited medical practitioner. Section 7, Section 8.

The employee must notify the employer of the injury or damage suffered within 14 days of occurrence. The notification must contain the following:

• the name of the employee,
• the time and place the injury occurred,
• and the nature of the damage.

Failure to comply with this may be a bar to the claim, except in the interest of justice, Section 4. Any company found guilty of contravening the provisions of this Act is liable to a fine of not less than a million naira. They will also refund the deducted amount to employees. Section 14

In the case of death, dependents of the deceased are to receive 30% to 90% of the employee’s monthly salary, depending on the circumstances of the case. Section 17. No employee is legally permitted to waive his rights under this Act. Any contract or agreement which implies a waiver is void and unenforceable. Section 13.

7. Right To A Safe And Healthy Work Environment

An employer has a duty to provide a safe, healthy, and conducive working environment for his employees. Such an environment must be protected against occupational hazards, with adequate prevention equipment such as fire extinguishers, sufficient exit routes, and a generally clean office space.

If the employee requires a machine to execute his tasks, the employer must equip the employee with adequate training to operate the machine, and put appropriate safety measures in place.

Conclusion

It’s no secret that a lot of companies nowadays care only about their business interests, and less about employee rights or staff welfare. They work their employees to the bone, offer very little pay or even owe salaries for months, and demand that their employees must be able to “work under pressure and meet tight deadlines.”

Of course an employee should have emotional intelligence, people relations skills and possibly work in a fast paced environment, but this should not undermine the need for a healthy work/life balance. Rather than compelling employees to work under pressure, the organization should have an organized system in place to take some of that pressure off, so it does not become a burden for employees.

Every organization must strike a balance between protecting the business interests of the organization, and safeguarding the rights of the employee. Without the employees, the organization simply cannot grow. They are a significant part of the success story of the organization, and should therefore be valued, respected, and appreciated.

But most importantly, it is necessary for companies to always remember the “human” in “Human Resources.”

All images are sourced from Pexels