Femi Gbajabiamila

The House of Representatives has initiated a bill to prescribe punishment for non-payment and late payment of salaries, wages and pensions to workers.

The move came employers both in public and private sectors are owing workers for many months across the country,

The sponsor of the bill, House leader, Rep. Femi Gbajabiamila was asked by the House to make amendments to the piece of legislation and re-present it for consideration.

The bill is titled “a bill for an act to prohibit late payment, non-payment and under payment of workers’ wages, pension and other related emolument in Nigeria and prescribes penalties for violations and for other matters connected thereto”

While the bill was presented for second reading at plenary on Wednesday, the House resolved that since there was an existing minimum wage act, the sponsor should convert it to an amendment instead of a fresh bill.

Leading debate on the bill, Gbajabiamila submitted that its intendment was for “every employer of labour in Nigeria, whether private or public; and whether it is employing any worker on permanent or contract basis.”

“They must ensure that all payment of wages, salaries, pension and all benefits to workers are paid promptly without any delay weekly, fortnightly, monthly quarterly.

“As may be agreed by parties in the contract of employment of the individual employee”.

He argued that the non-payment or delay in the payment of workers’ salaries and emoluments was an infringement on their rights as enshrined in the 1999 constitution.

Gbajabiamila lamented that evidence of workers being owed salaries by different organisations abound in the country.

He explained that “if we must fight corruption, workers’ salaries must be paid promptly because a worker deserves his wages”.

He further stated that by the provision of the bill, “ an employer shall not hold on to the salary, wage, pension and any other benefit and emolument of any workman for a period of  seven days and above from the day the payment falls due.”

The bill also provides that “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 any payment to the employer by the workman 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 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 easily read and copied by any person whom it affects.

“The deduction or payment to be made under the contract does not exceed the actual or estimated damage or loss.

“Occasioned to the employer via the proven Act or omission of the workman, or of some other person over whom he has control or for whom he has by the contract agreed to be responsible”

The proposed penalties include: one to seven days; 10 per cent of one month wage; 8 to 30 days:20 per cent of one month wage; 30 to 60 days: 30per cent of two months wage.

Other penalties include 60 days and above; 30 per cent of the wage for the duration and one month imprisonment of the employer.

However, Rep. Linus Okorie (PDP- Ebonyi) expressed wonder if the National Assembly had powers to legislate on punishment for non-payment or late payment of salaries.

Chairman of the House committee on rules and business, Rep. Orker Jev argued that since there exist a minimum wage act, the bill could only come in form of amendment.

Similarly Rep. Edward Pwajok, SAN (PDP- Plateau) and Rep. Aminu Shehu Shagari (APC- Sokoto) adopted the position of Orker Jev.

Consequently, Speaker Yakubu Dogara advised Gbajabiamila to take a second look at the bill and rework it into an amendment and return it for consideration.