A Comparative Legal Appraissal of 'Tringaluar Employment' Practice: Some Lessons for Nigeria

• Author: Eyongndi Tarh-Akong Eyongndi & Kingsley Osinachi N. Onu
• Position: College of Law, Bowen University, Iwo, Nigeria & Department of Public Law and Jurisprudence, Adeleke University, Ede, Nigeria
• Pages: 181-207

e Indonesian Journal of International & Comparative Law

ISSN: 2338-7602; E-ISSN: 2338-770X

http://www.ijil.org

© 2022 e Institute for Migrant Rights Press

a ComParativE lEgal aPPraisal of

“triangular EmPloymEnt” PraCtiCE

some lessons foR nigeRia

David Tarh-Akong Eyongndi & Kingsley Osinachi N. Onu

College of Law, Bowen University, Iwo, Nigeria & Department of Public Law

and Jurisprudence, Adeleke University, Ede, Nigeria

E-mail: david.eyongndi@bowen.edu.ng

Traditionally, an employment relationship is carried out so that the employ-

er employs the employee to work directly for its benet. However, modern so-

cio-economic realities are challenging and changing this traditional approach

to employment relationships. Today, it has become acceptable for an employer

to hire persons and then assign them to work for another. is type of employ-

ment relationship is known as a triangular or disguised employment relation-

ship. rough analytical methodology, this paper examines the quagmire of

triangular employment under Nigeria’s labour jurisprudence. In particular, it

interrogates the legality of this employment practice and the issues that may

arise between the primary employer and the End-User, who will be responsible

for the act/omissions of the employee, as well as the attitude of the National

Industrial Court of Nigeria (NICN) to this labour practice, gleaning from cases

decided by the Court. It nds that while there is no express statutory provision

on triangular employment in Nigeria, Sections 7 and 91 of the Labour Act (LA)

recognize it. Moreover, the NICN has judicially approved the practice amidst

caution, and the legal framework on triangular employment is inadequate and

obsolete, requiring review. It recommends guidelines that an End-User desirous

of absolving liability could adopt, as well as make a case for the amendment of

the LA to make adequate provisions on the issue of triangular employment.

Keywords: Labor Law, Comparative Legal Analysis, Africa, Employment Relation

La w.

IX Indonesian Journal of International & Comparative Law 181-207 (April 2022)

182

Eyongndi & Onu

INTRODUCTION

Traditionally, an employment contract is usually between an employer

and the employee, i.e., the relationship is basically between two par-

ties.1 Under such an arrangement, it is easy to identify the parties to

the contract and their rights and obligations clearly spelled out. Be-

sides, there is no diculty in the apportionment of liability, especially

on the employees, either personally or vicariously, owing to the act/

omission of the employment towards a third party.2 Notwithstanding,

due to business exigencies and other developments within the sphere

of employer-employee relationship, this traditional arrangement, in

contemporary times, is being altered. Today, it has become fashionable

for a party to employ employees and have them work in the employ

of another party other than the one who had employed them.3 By this

arrangement, there are actually three parties to the employment con-

tract, i.e., the primary employer or contractor employer, the employee

(s), and the end-user (user employer).4 is employment arrangement

is what has come to be known in labour and employment parlance as

triangular employment relationship, also known as ambiguous or dis-

guised employment relationship.5

While the existence and notoriety of this employment practice

cannot be argued against, it poses several challenges to the concept of

decent work arrangement championed by the International Labour

1. T T, L L  P 1 (T.O.A. Tugbiyele &

Co., 2012).

2. I W, I  I E L 

N 34 (Adorable press, 1999).

3. Ademola Adeola, Employment in Nigeria’s Labour Industry, M

S (May 26, 2021, 10:30 AM,) https://www.manieldsolicitors.

com/2019/02/05/triangular-employment-in-nigerias-labour-industry/.

4. Elijah Agboola, Appraising Triangular Employment under Nigerian Labour

Law, L D.C (Sept 28, 2021, 11:35 AM), https://

lawaxis360degree.com/2020/12/30/appraising-triangular-employment-

under-nigerian-labour-law-elijah-olawale-agboola/.

5. Ozofu Ogeimudia & Mary Ekemezie, Nigeria: e Identity of End-Users in a

Triangular Employment Relationships, T V (May 17, 2016, 10:30

AM), https://www.uubo.org/media/1371/the-identity-of-end-users-in-

triangular-employment-relationships.pdf.