ENFORCEMENT OF THE PENALTY PROVISIONS IN THE DEPARTMENT OF PETROLEUM RESOURCES (DPR) GUIDELINES FOR THE RELEASE OF STAFF IN THE NIGERIAN OIL AND GAS INDUSTRY, 2019
The Guidelines issued on 17th October 2019 by the DPR established procedures for releasing Nigerian workers in the oil and gas industry as well as stipulating a penalty for non-compliance with the laid down procedures.
The Guidelines repealed the Guidelines No. 1 of 2015 for the Release of Staff in the Nigerian oil and gas industry. The Guidelines were issued pursuant to the provisions of Regulation 15A of the Petroleum (Drilling and Production) (Amendment) Regulations, 1988 which was made pursuant to Section 9 of the Petroleum Act. Regulation 15A of the Petroleum (Drilling and Production) (Amendment) Regulations, 1988 provides as follows:
“The holder of an oil mining lease, license or permit issued under the Petroleum Act 1969 or under regulations made thereunder or any other person registered to provide any services in relation thereto, shall not remove any worker from his employment except in accordance with guidelines that may be specified from time to time by the Minister.”
For the release of workers by involuntary retirement, dismissal, termination, redundancy or on medical grounds, an employer shall apply in writing to the Director of Petroleum Resources for the Minister’s approval before releasing the worker. The application shall state and contain:
(a) the manner of staff release;
(b) the reasons for the proposed release;
(c) the compensation due to the worker;