Many employers of labour, including individuals and corporate bodies, risk being jailed for delay or nonpayment of their employees’ salaries following a new proposed bill at the House of Representatives.
The Bill, entitled: Employees Remuneration Protection Bill, 2023, is sponsored by a member representing Agege federal constituency of Lagos State, Wale Hammed.
According to TheSun, the Bill, which has passed first reading in Section 7 (1) states that “it shall be unlawful for any employer to refuse or neglect to pay the remuneration of his employees, as provided under this Act.”
The bill further states in Section 8 (1) that “where an employee’s remuneration is unpaid after the expiration of the period allowed by this bill, the employee, who desires to claim his entitlement, shall serve upon his employer a written demand for the payment of entitlement.”
However, it provides that “where a demand is served pursuant to Section 9 of this bill and the employee remains unpaid after five working days, the employee may apply to the court by way of motion on notice for redress.”
Consequently, the proposed legislation prescribes a jail term of between three to six months, without option of fine, for individual employers convicted for non-payment of salaries of their workers.
In the case of a corporate body that fails to comply with the order of court for the payment of its employee(s), shall liable of a fine of N10,000 for each day of the default, “be sealed off for a period of time not exceeding three months, where the default is more than two months…
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