REINFORCING THE NORMATIVE CHARACTER OF COLLECTIVE AGREEMENTS WITHIN THE SPECTRUM OF INTERNATIONAL LABOUR STANDARDS

Abstract

This article articulates diverse constructions of collective agreement in domestic labour regulations in Nigeria as well as under international labour standards. It highlights the nuances of the various constructions. It also espouses the need for the enforceability of collective agreements by reinforcing the normative character of collective agreements within the spectrum of international labour standards. By juxtaposing the prescriptions of domestic labour regulations in Nigeria, on the one hand, with international labour standards and other closely linked prescriptions of the International Labour Organisation, on the other hand, this article illustrates the deficits of the domestic labour regulations on collective agreements in Nigeria. This is largely occasioned by the glaring disparities between the domestic labour regulations in Nigeria and international labour standards. The article found, inter alia, that the chequered evolution of the enforceability of collective agreements in labour law jurisprudence spanned from the era of non-enforceability to the era of enforceability by the courts of law; the progressive approach of the National Industrial Court of Nigeria in enforcing collective agreements, without extraneous consideration, aligns with the exigencies of emerging global best practices and contemporary labour law jurisprudence. The article also made several recommendations for protecting the normative character of collective agreements through enforceability in the courts of law without extraneous consideration.