International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

A Critical Appraisal of the Right to Strike in Nigeria
A. B. Ahmed

Conflict in industrial relation is almost inevitable because of the divergent interest and aspirations of the two parties in the relationship, that the employer and employee. This most of the times touches on very critical issues like wages and other conditions of employment. Resolving these issues require negations, compromise, concessions which are usually done through the process of collective bargaining. The problem is that the process of collective bargaining is not ordinarily effective and can hardly resolve the differences, if the parties are denied the right to use the weapons within their armoury (lock out for the employer and strike for the employee). So where the problems are not resolved through negations any of the parties can declare an industrial action. When this occurs, it negatively affects industrial peace, particularly if it is allowed to degenerate into strike action. Although strike actions are generally allowed and protected by several international instruments and most states legislations. But because of the negative consequences of the right to strike, states has always controlled or restricted its use through appropriate legislations. A critical examination of the relevant legislations in Nigeria shows that there are too many stringent conditions which have almost denied the worker his right to strike. The paper recommends that these conditions be relaxed, particularly those giving wide powers to the employer to terminate the employee for breach of contract or deny him his other statutory benefits.

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