AN ANALYSIS OF THE STATUTORY PROVISIONS ON THE FUNDAMENTAL RIGHT OF WORKERS IN SOUTH AFRICA: LESSONS FOR NIGERIA

Abstract

The Constitution is the bedrock Of the fundamental rights of employees in Nigeria and South Africa. The fundamental rights Of an employee in the workplace derives its validity from human rights, which require every human being to livefully human lives. This paper is aimed at analysing comparatively the fundamental rights of employees in South Africa and Nigeria, while the objectives of this paper is to examine the extent South Africa have incorporated employees rights in their constitution, and the lessons Nigeria can take home. The research methodologv applied is the Doctrinal Research Method. In the course of the research, it was discovered that the South African constitution is one Of the best and admirable constitution in the world. It seeks to establish a society based on democratic values, social justice and fundamental human rights. The constitution enshrines labour rights as fundamental rights, and expressly provides for freedom of association, unfair labour practices, the right to collective bargaining, and the right to strike. It's one of the progressive constitution in the world. Based on the findings of this study, the paper recommends that Nigeria take a clue from the South African constitution, and amend its constitution to include workers rights as fundamental rights.