TRADE DISPUTES ACT

Section 42: Fifteen days notice to be given by workers before ceasing work in circumstances involving danger to persons or property.

1976Section 42 of 52Federal Republic of Nigeria

(1) Without prejudice to section 17 of this Act, if-
(a) any worker ceases, whether alone or in combination with others, to perform the work which he is employed to perform without giving to his employer at least fifteen days' notice of his intention to do so; and
(b) at the time when he ceases to perform that work he knows or has reasonable cause to believe that the probable consequence of his or their so doing will be-
(i) to endanger human life, or
(ii) seriously to endanger public health or the health of the inmates of any hospital or similar institution, or
(iii) to cause serious bodily injury to any person or persons, or
(iv) to expose any valuable property, whether real or personal, to destruction or serious injury,
he shall be guilty of an offence and be liable on conviction to a fine of N100 or to imprisonment for six months, or both.
(2) If a worker is entitled to terminate his contract of employment by giving to his employer less than fifteen days' notice, and does in fact give to his employer less than fifteen days' notice for that purpose, then-
(a) he shall be deemed to have given to his employer at the same time, in pursuance of subsection (1) of this section, notice that he intends to cease work at the end of the period of fifteen days beginning with the day following that on which he gave the notice; and
(b) for any period for which he is by virtue of that subsection required to go on working after the termination of his contract of employment he shall be entitled to be paid as if his contract of employment had remained in force until the end of that period.
(3) A worker who ceases to perform his work in circumstances such that in doing so he does not contravene subsection(1) above shall not by reason only of his so ceasing be guilty of an offence under section 196 of the Penal Code of Northern Nigeria.
(4) No proceedings for an offence under this section shall be instituted except by or with the consent of the Attorney-General of the Federation or the Attorney-General of the State in which the offence is alleged to have been committed.

Cite this section

Section 42, TRADE DISPUTES ACT (1976).

https://repo.podus.ai/laws/trade-disputes-act/section/42/