JUDICIAL APPROACHES TO EMPLOYER LIABILITY IN OUTSOURCED WORK ARRANGEMENTS: PROTECTING CONTRACT WORKERS IN NIGERIA’S OIL AND GAS INDUSTRY

Abstract

The increasing reliance on outsourcing and labour subcontracting within Nigeria’s oil and gas industry has fundamentally reshaped employment relationships, creating a complex triangular structure involving principal employers, labour contractors, and contract workers. Outsourcing is often justified on grounds of efficiency, flexibility, and cost reduction, among other factors. This development raises significant legal questions regarding the identification of the true employer and the extent of liability owed to contract workers, particularly in relation to wages, occupational safety, and statutory employment benefits. This article examines judicial approaches to employer liability in outsourced work arrangements within Nigeria’s oil and gas sector. The paper examined other consequential issues, especially in terms of the judicial approaches to these developments in the Nigerian oil and gas industry. It found that while Nigerian courts have occasionally adopted progressive interpretations that favour employee protection, judicial approaches remain fragmented and insufficiently coherent to fully address the structural inequalities embedded in outsourced labour arrangements. It recommends a more expansive interpretation of employer liability that reflects the realities of modern labour relations in the oil and gas industry.