Protection of Migrant Domestic Workers in Triangular Relationships Migration for Domestic Work in Nigeria Migration for work within ECOWAS is a precolonial trend. Migration has been codified by ECOWAS Protocol on free movement of persons, residence and establishment. The protocol has fostered labour migration of documented and undocumented workers in the informal economy of ECOWAS states. Domestic work forms an integral part of the informal economy. Africa employs the third largest number of domestic workers worldwide.

Protection of Migrant Domestic Workers in Triangular Relationships Migration for Domestic Work in Nigeria Studies show that domestic workers world over migrate to other countries in search of better job opportunities and for better pay. There are further projections of growth in the domestic work sector. The increasing demand for migrant domestic workers in Africa has been attributed to a number of factors. These factors are: (i) structural and gender changes in sub regional employment (ii) political crises (iii) the resurrection of old nineteenth-century migration routes, and (iv) economic instability

Protection of Migrant Domestic Workers in Triangular Relationships Migration for Domestic Work in Nigeria Migration for domestic work has led to an increase in private employment or recruitment agencies. This use of employment agencies has created a wave of worker exploitation. Migrant domestic workers in Nigeria are subject to similar conditions of vulnerability associated with domestic work worldwide. Evidence of the vulnerability of domestic workers in Nigeria is reflected in the low number of domestic workers captured by labour force surveys.

Protection of Migrant Domestic Workers in Triangular Relationships Triangular Relationships under Nigerian Labour Law Triangular employment relationships occur when an employee of an individual or enterprise (the provider) works for another person (the user enterprise). As the ILO points out, ‘a “triangular” employment relationship normally presupposes a civil or commercial contract between user and provider’. However, in some instances especially in the domestic work sector in Nigeria, no such contracts are executed by the parties Migrant domestic workers in Nigeria are subject to similar conditions of vulnerability associated with domestic work worldwide.

Protection of Migrant Domestic Workers in Triangular Relationships Who is the Employer under Nigerian Law? section 91 of the Nigerian Labour Act defines an employer as ‘any person who has entered a contract of employment to employ another person as a worker either for himself or for the service of any other person, and includes the agent, manager or factor of that first-mentioned person and the personal representatives of a deceased employer’. The Labour Act also defines a contract of employment as ‘any agreement, whether oral or written, express or implied, whereby one person agrees to employ another as a worker and that other person agrees to serve the employer as a worker’.

Protection of Migrant Domestic Workers in Triangular Relationships Regulation of Recruiters and PEAS The regulation of triangular relationships in the Labour Act follows the tenor of earlier ILO conventions such as the Fees-Charging Employment Agencies Convention (No. 96) of 1949 The Nigerian Labour Act does not recognize ‘user enterprises’ or ‘providers’ as constituted under the Private Employment Agencies Convention (No. 181) of 1997. Rather the Labour Act recognizes, employers, recruiters and fee-charging employment agencies. Part II of the Labour Act contains provisions for the regulation of recruiters and the recruitment process. Sections 23-48 of the Labour Act.

Protection of Migrant Domestic Workers in Triangular Relationships Regulation of Recruiters and PEAS Section 71 of the Labour Act contains provisions recognizing fee-charging employment agencies. The definition of a recruiter and of a fee-charging employment agency under the Labour Act seemingly exclude migrant domestic workers and domestic workers generally from the class of employees to be recruited under triangular relationship arrangements in Nigeria. section 91 of the Labour Act show that recruiters can only recruit ‘citizens’ and both recruiters and fee-charging employment agencies can only recruit ‘workers’ and not ‘domestic servants’.

Protection of Migrant Domestic Workers in Triangular Relationships Regulation of Recruiters and PEAS The adoption of a soft law strategy through adoption of a Code of Conduct for PEAs. Formulation of a Labour migration Policy that has protection of migrant workers as a cardinal objective. Regulation through the National Industrial Court.

Protection of Migrant Domestic Workers in Triangular Relationships The Case for Statutory Reform Codified legislation is a pivotal tool of labour legislation, policy formulation, the enhancement of court jurisprudence and a guarantee for decent work for domestic workers. The current regime limits the Act’s ability to protect worker’s rights and form a strong basis for legal redress for domestic workers. Statutory reform shall strengthen the NIC from the uncertainty of stare decisis in the execution of its role as labour and employment arbiter.

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