POLITICS: Non-Payment/late payment of Salries and Pensions Is A Criminal Act... Gbajabiamila

In an effort to criminalize the non/late payment of salaries by employers in the country, the House of Representatives recently attempted to prescribe punishment for offenders.

In an effort to criminalize the non/late payment of salaries by employers in the country, the House of Representatives recently attempted to prescribe punishment for offenders.

The Bill which was sponsored by the Majority Leader of the House, Femi Gbajabiamila was aimed at punishing employers in the country who either fail to pay their workers salaries, wages and pensions late.

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The House Leader however, stepped down the Bill following observations made by some members that the Bill was not justifiable and could only come up through an Act.

Speaker of the House, Right Honourable Yakubu Dogara presiding over the plenary, in a very diplomatic manner, advised the House Leader to have a second look at the bill and make all the necessary amendments on it, so it could be represented on the floor of the House for consideration.

The Bill entitled; “A bill For An Act To Prohibit Late Payment, Non-Payment And Under Payment Of Workers’ Wages, Pension And Other Related Emolument In Nigeria”, prescribes penalties for violations and for other matters connected thereto, was slated for Second Reading before it was withdrawn.

After listening to the sponsor, the House resolved that since there was an existing Minimum Wage Act, the sponsor should convert it to an amendment to the Minimum Wage Act instead of coming as a fresh law.

However, House Leader Gbajabiamila in his lead debate 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.”

“Non-payment or delay in the payment of workers’ salaries and emoluments is an infringement on their rights as enshrined in the 1999 constitution”.

Gbajabiamila 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 wage”, he emphasized.

“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 majeure”.

“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, if it had been allowed to come on board, 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.

The proposed bill, had it not been withdrawn, further proposed a 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.

Linus Okorie (PDP, Ebonyi) commenting on the Bill, had wondered if the National Assembly had powers to legislate on punishment for late payment or non-payment of salaries.

Responding to the issue of the Bill, Orker Jev, Chairman of the House Committee on Rules and Business observed that, since there exists a Minimum Wage Act, the bill could only come in form of an amendment.

Other members of the House including Edward Pwajok, SAN (PDP Plateau state} the newly promoted Senior Advocate of Nigeria, SAN, and the first member of the Green Chamber to be bestowed with such an award and Aminu Shehu Shagari (APC, Sokoto) lent their support to the position of the Chairman, Rules and Business.

With the observations and comments of his colleagues, Honourable Femi Gbajabiamila, Leader of the House withdrew the Bill but many equally opined that the Bill would have helped cater to the plight of workers in the country.