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MEMBERSHIP OF TRADE UNIONS IN NIGERIA
Membership of trade union is governed by the union’s rule book which sets out the basis of contract between the union and its members, however, it is subject to the provisions of Sections of the Trade Unions Act (as amended)
Under Section 20(1) of Trade Unions Act, a minor over the age of 16 may become a member of a trade union although anyone under the age of 21 will not be capable of becoming an official of a trade union. Section 14(1) of Trade Unions Act provides that no one is allowed to hold office in any capacity in more than one trade union at the same time. Similarly, Section 14(2) further states that anyone who is a member of the central labor organization is prohibited from holding office in any trade union. Notably, Section 11 prohibits certain classes of people from organizing or being members of a trade union. They may however have joint consultative forum.
Anybody who has been convicted of any criminal offence is disqualified from holding office as an official of a trade union from the date of his conviction up to the end of five years after the date on which he is discharged from prison, but where he is not sentenced to a term of imprisonment then up to the end of 5 years from the date of his conviction as provided in Section 13 (1) and (4) of the Trade Unions Act.
Where an officer, while holding office becomes incapacitated by virtue of Section 13 of the Trade Unions Act, he must vacate the office, as he ceases to hold office. Offences which may disqualify a person from holding union offices are offences under the criminal code or penal code which may lead to the disqualification of membership of the National Assembly and the Houses of Assembly and offences under Sections 47 and 48 of the Trade Unions Act.
Also, membership of a trade union is voluntary as provided in Section 12 (4) of the Trade Unions Act, hence, membership of a union is therefore a matter of choice for an employee. It was held in The Registered Trustees of National Association of Community Health Workers of Nigeria and others that a person who is otherwise eligible for membership of a particular trade union shall not be refused admission to membership of that union by reason only that he is of a particular community, tribe, place of origin, religion.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only.
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