Bill to criminalize non-payment of worker's salaries is stalled at House of Reps
Thu Jul 14, 2016 11:44:am National
1.7K By Buchi Obichie
A purported Bill which aims to prescribe punishment for employers in the country who either fail to pay salaries to their workers or pay workers salaries, wages and pensions late, was on Wednesday, stood down by the House of Representatives.
The bill which was sponsored by the Majority Leader of the House, Femi Gbajabiamila was stood down, following observations made by some Reps. that it was not justifiable, and could only come up through an Act.
In his lead debate, Gbajabiamila explained that the intention behind the bill was for "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, pensions 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."
According to him, non-payment or delay in the payment of workers' salaries and emoluments is an infringement on their rights as enshrined in the 1999 constitution.
He lamented that evidence of workers' being owed salaries in different organisations abound in the country.
"If we must fight corruption, workers' salaries must be paid promptly, because a worker deserves his wages," Gbajabiamila said.
He further explained provisions in 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 7 (seven) days and above from the day the payment of such salary, wage, pension and any other benefit and emolument falls due; save in the event of any force majeur.
"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:
"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.
"The deduction or payment to be made under the contract does not exceed the actual or estimated damage or loss occasioned to the employer by 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 bill also prescribed penalties that defaulters should pay, which include the payment of 10 percent wage to those that default for a period of one to seven days, and 20 percent of one month wage for those who delay to pay between eight and 30 days.
It further proposes payment of 30 percent of two months wage for employers that fail to pay between 30 to 60 days, while defaulters for 60 days and above; would pay 30 percent of the wage for the duration and one month imprisonment of the employer.
After listening to the bill's sponsor, the House resolved that since there was an existing Minimum Wage Act, Gbajabiamila should convert his proposed bill into an amendment to the Minimum Wage Act, instead of bringing it as a fresh law.
But Commenting on the bill, Linus Okorie (PDP, Ebonyi) wondered whether the National Assembly had powers to legislate on punishment for non-payment or late payment of salaries.
Presiding over the plenary, the Speaker of the House, Yakubu Dogara, advised Hon. Gbajabiamila to have a second look at the bill and make all the necessary amendments on it, so it could be presented again for consideration on the House floor.
After all the necessary observations and comments, the sponsor of the bill, Gbajabiamila, withdrew it.
Before being withdrawn yesterday, the bill was slated for second reading.
The bill which was sponsored by the Majority Leader of the House, Femi Gbajabiamila was stood down, following observations made by some Reps. that it was not justifiable, and could only come up through an Act.
In his lead debate, Gbajabiamila explained that the intention behind the bill was for "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, pensions 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."
According to him, non-payment or delay in the payment of workers' salaries and emoluments is an infringement on their rights as enshrined in the 1999 constitution.
He lamented that evidence of workers' being owed salaries in different organisations abound in the country.
"If we must fight corruption, workers' salaries must be paid promptly, because a worker deserves his wages," Gbajabiamila said.
He further explained provisions in 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 7 (seven) days and above from the day the payment of such salary, wage, pension and any other benefit and emolument falls due; save in the event of any force majeur.
"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:
"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.
"The deduction or payment to be made under the contract does not exceed the actual or estimated damage or loss occasioned to the employer by 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 bill also prescribed penalties that defaulters should pay, which include the payment of 10 percent wage to those that default for a period of one to seven days, and 20 percent of one month wage for those who delay to pay between eight and 30 days.
It further proposes payment of 30 percent of two months wage for employers that fail to pay between 30 to 60 days, while defaulters for 60 days and above; would pay 30 percent of the wage for the duration and one month imprisonment of the employer.
After listening to the bill's sponsor, the House resolved that since there was an existing Minimum Wage Act, Gbajabiamila should convert his proposed bill into an amendment to the Minimum Wage Act, instead of bringing it as a fresh law.
But Commenting on the bill, Linus Okorie (PDP, Ebonyi) wondered whether the National Assembly had powers to legislate on punishment for non-payment or late payment of salaries.
Presiding over the plenary, the Speaker of the House, Yakubu Dogara, advised Hon. Gbajabiamila to have a second look at the bill and make all the necessary amendments on it, so it could be presented again for consideration on the House floor.
After all the necessary observations and comments, the sponsor of the bill, Gbajabiamila, withdrew it.
Before being withdrawn yesterday, the bill was slated for second reading.
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