Reps set to criminalise delay, non-payment of salary
The House of Representatives in a significant move is championing the “Employees Remuneration Protection Bill, 2023,” aimed at making the delay or non-payment of salaries a criminal offense in Nigeria. Sponsored by Wale Hammed, the bill outlines stringent measures to ensure timely remuneration for workers.
Key provisions of the bill include:
1. Unlawful Acts: It declares it unlawful for any employer to refuse or neglect to pay employees’ remuneration, as specified in the Act.
2. Employee’s Right to Demand: Employees, if unpaid after the stipulated period, can serve a written demand for payment to their employer.
3. Legal Recourse: If an employee remains unpaid after five working days post-demand, they can seek redress in court through a motion on notice.
4. Penalties for Non-Payment: Individual employers convicted for non-payment face a jail term of three to six months without the option of a fine.
5. Corporate Entities: Corporate bodies failing to comply with court orders for payment may face a fine of N10,000 for each default day, potential closure for up to three months, or a fine for officers or agents permitting the default.
6. Employment Contract: Employers must provide a written employment contract, detailing employment nature, termination methods, remuneration, payment methods, and terms.
7. Protection from Retaliation: Employees seeking remuneration redress through the court are protected from disciplinary actions, queries, suspension, or dismissal.
8. Bankruptcy Protection: In the event of an employer’s bankruptcy, the bill prioritizes the payment of outstanding remuneration for employees.
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This proposed legislation seeks to ensure the protection of workers’ rights by holding employers accountable for timely salary disbursement, paving the way for a fairer and more transparent employment landscape.
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