AN APPRAISAL OF YELLOW-DOG CONTRACTS UNDER NIGERIAN LABOUR AND EMPLOYMENT LAW

Abstract

Over the years, owing to several legal and socio-economic factors, standard work arrangements or relationship is being increasingly displaced and replaced by several forms of irregular employment forms. Concomitantly, there is a spike in favourable unconventional labour and employment practices deployed by employers of labour of which yellow-dog contract is one. This paper, adopts doctrinal method in interrogating the propriety of yellow-dog contract under Nigeria’s labour and employment law by focusing on the essence of such contract, the philosophical predilection of effectuating such by employers and the precipitants. It takes an historical excursion into the development of yellow-dog contracts. The paper critically examines the legally of yellow-dog contract vis-à-vis the right to freedom of association guaranteed under section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (CFRN, 1999). It evaluates the impact of this labour practice on the practice of labour and employment relations in Nigeria particularly, whether yellow-dog contract is a form of an unfair labour practice and therefore undesirable. The paper examines the stance of the National Industrial Court of Nigeria (NICN) towards yellow-dog contracts. The paper finds that the is exponential increment in the adoption of yellow-dog contracts by employers in Nigeria, the practice is resorted to by employer to prevent confrontation or checks and balances from employees contrary to the demands of employees’ participation in management and industrial democracy; the practice is exacerbated by the high level of unemployment in Nigeria and it runs afoul of section 40 of the CFRN, 1999 and, the NICN frown at it owing to its debilitating effects on decent work agenda. The paper makes vital recommendations before conclusion.