House Moves Against Non-payment Of Salaries, Pensions

The House of Representatives, on Tuesday, passed for second reading, a bill seeking to prohibit late and non-payment of workers and pensioners by employers. When it becomes law, employees will be entitled to interests on unpaid wages.

Underpayment of workers and pensioners would also be prohibited by the proposed law.

This is being proposed in a legislation titled, ‘A Bill for an Act to Prohibit Late Payment, Non-Payment and Underpayment of Workers’ Wages, Pension and Other Emolument in Nigeria, and Prescribes Penalties for Violations.’

Speaker of the House, Femi Gbajabiamila, had made the proposal in the ‘Employees/Workman (Unpaid Wages Prohibition) Bill 2016’ at the last National Assembly. The legislation was recalled for reconsideration by the 9th Assembly. The House passed the first reading in July 2019.

Gbajabiamila, in the explanatory note, said, “This bill seeks to provide for the prohibition of late payment, non-payment and under payment of workers’ wages in Nigeria and prescribes penalties for violations and for other matters connected thereto.”

The proposed law stipulates that where the breach is in respect of other monetary benefits apart from monthly wage and monthly pension, the penalty shall be 30 per cent of such monetary benefits for the period.

The Speaker further proposed a duration/penalty schedule for unpaid wage or pension, where the employer or employee breached the law for more than 60 days.

The bill partly read, “Notwithstanding anything to the contrary contained in any Act or in any other enactment or law, the provision of this Act shall apply to all matters pertaining to payment of wages, pension, benefits and other emoluments by employers to workers in Nigerian.

“Every employer of labour in Nigeria, whether private or public; and whether it is employing any worker on permanent or contract basis, must ensure that all payment of wages, salaries, pension and all benefits to workers are paid promptly without any delay weekly, fortnightly, monthly or quarterly as may be agreed by parties in the contract of employment of the individual employee.

“(1) An employer is prohibited from entering into any contract with any workman for any deduction from the sum contracted to be paid by the employer to the workman, or for any payment to the employer by the workman for or in respect of bad or negligent work or injury to the material or other property of the employer or in respect of any fine unless.

“(a) The terms of the contract contained in a notice kept constantly affixed at such place or places open to the workman and in such a position that it should be seen easily read and copied by any person whom it affects; or the contract is in writing signed by the workman.