Analytical Assessment of Labour Rights and Public Law Dimensions of Trade Union Regulation Under the Trade Unions Act in Plateau State

📖 ABSTRACT/OVERVIEW

Trade union rights constitute a constitutionally protected dimension of freedom of association under Section 40 of the 1999 Constitution and are governed primarily by the Trade Unions Act 2004 and the Labour Act, which regulate union registration, collective bargaining, and industrial action. The public law dimensions of trade union regulation, particularly the government's regulatory powers over essential services industrial action and union registration requirements, have generated significant legal controversy in North Central states including Plateau. This study analytically examines the public law dimensions of trade union regulation in Nigeria, with a focus on Plateau State's public sector workforce, evaluating the Trade Unions Act's registration requirements, essential service strike prohibition provisions, and the adequacy of collective bargaining mechanisms against constitutional freedom of association guarantees. A doctrinal methodology is applied, reviewing the Trade Unions Act, the Labour Act, the Trade Disputes Act, constitutional provisions on freedom of association, National Industrial Court decisions on trade union matters from Plateau State from 2018 to 2023, and comparative analysis from South Africa's Labour Relations Act 1995. The study evaluates whether the essential service strike prohibition provisions of the Trade Unions Act meet the proportionality standard for restricting freedom of association. Available labour law literature from Nigeria identifies the broad definition of essential services and the absence of compensatory arbitration mechanisms as the most analytically significant constitutional concerns. The ILO Freedom of Association Standards and the Constitutional Freedom of Association Framework provide the normative reference. Findings support recommendations for Trade Unions Act amendment. Keywords: trade union rights, labour law, freedom of association, Plateau State, North Central Nigeria.

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Departments# Public Law