HOUSE OF REPS: GBAJABIAMILA SPONSORS BILL TO CRIMINALIZE LATE PAYMENT AND UNDERPAYMENT OF WORKER'S SALARIES AND PENSION IN NIGERIA

Mr. Femi Gbajabiamila, Speaker, House of Representatives 

Speaker of Nigeria's House of Representatives, Mr Femi Gbajabiamila is sponsoring a new bill seeking to criminalize the late payment of worker's salaries and pension by employers of labor in the country. The planned legislation seeks to ensure prompt payment of salaries and pension as at when due, and to prohibit late payment and underpayment of worker's salaries, other emoluments, and pension.

It will be applicable to Nigerians working as full employee or contract staff/apprentice (either through oral or written agreement) in the public and private sectors.

According to reports by Sunday Tribune, the bill prescribes penalties for violations and other related matters.

Excerpts of the new bill
As provided in Clause 4(3) of the bill, “an employer who withholds salary, wage, pension and any other benefit and emolument of any worker for a period of seven days and above, in respect of other monetary benefits shall pay 30 per cent of such monetary benefits for the period.”

Nigeria's House of Representatives during a sitting

As provided in the Schedule 1 of the bill, which stipulates the penalties, “an employer who fails in its obligation for a period of 60 days and above shall be liable to fine of 30 per cent of the wage for the duration and one month imprisonment and 30 per cent fine of two months’ wage for a period of 30 to 60 days.

“Fine of 20 per cent of one month’s wage for a period of eight to 30 days; and 10 per cent fine of the one month’s wage for a period of one to seven days respectively.”

The bill also provides sanctions for directors of public limited liability companies who default in the payment of salaries and other benefits that accrued to workers.

This will be viewed as a measure aimed at strengthening Nigeria's labor laws, and to stem the tide of late payment and underpayment of worker's wages and pension in the country.

My Thoughts
For me, it is a very welcome development which is long overdue. But I have some concerns.

If a governor or president owes salaries, can he or she be sentenced to prison, seeing that they enjoy immunity by law? Furthermore, in such a case, can the punishments be legally applied to the Head of Service of the state or of the federation, seeing that they are not directly responsible for approving payments for workers' salaries within the executive branch? Will the minister or commissioner of finance be held liable in that case by this law? If so, will that be just? Mr Speaker need to look into these issues.

Secondly, I expect this bill to generate strong opposition from some state governors and captains of industry in the private sector. The speaker may need a lot of clout to pull this bill through the House if state governors lobby their reps to oppose it.

Well, you and I can do something about it. You can call or write your Rep and demand that they back this bill. This is for the ordinary Nigerian worker. Please don't say that government isn't doing enough right now. The Speaker of the House is fighting for the ordinary Nigerian worker: so back him up. Contribute your small quota to this by calling or writing your Reps. You can search for your Reps' contact email or phone number here.