Reps propose jail term for employers owing salary 

Reps propose jail term for employers owing salary 

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The House of Representatives is proposing a bill to criminalise non-payment or failure to pay salaries by employers of labour and corporate bodies across the country.

When passed into law, employees can demand payment from their employer by submitting a written claim.

The bill, sponsored by Wale Hammed, a member representing the Agege Federal Constituency, Lagos State, titled, “The Employees Remuneration Protection Bill, 2023, has passed its first reading.

Section 7 (1) of the bill provides that it is unlawful for any employer to “Refuse or neglect to pay the remuneration of his employees, as provided under this Act.”

Section 8 (1) of the bill states that if an employee’s compensation remains unpaid beyond the specified period permitted by this legislation, the employee may submit a written demand to their employer for the payment of their entitlement if they wish to assert their claim. 

Therefore, “if an employee fails to remit payment within five business days following service of a demand under Section 9 of this bill, the employee may petition the court for redress by filing a motion on notice.”

According to the bill, employers found guilty of failing to pay the salaries of their workers risk three to six months of imprisonment, without the possibility of a fine.

Similarly, a corporate entity that fails to adhere to a court order regarding the remuneration of its employees, risks a fine of N10,000 daily, or “Be sealed off for a period not exceeding three months, provided that the default extends beyond two months.”

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