The House of Representatives yesterday rejected the idea of jailing employers that failed to pay workers’ monthly wages.
The lawmakers said it was a constitutional matter that has been adequately covered.
Besides, lawmakers opined that it was not right to penalise an employer that refused to pay his workers as the default might be genuine.
As a result, a bill sponsored by the Majority leader, Femi Gbajabiamila, whose provisions apply to all matters pertaining to payment of wages, pension, benefits and other emoluments by employers to workers failed to get the support of lawmakers.
As spelt out in the bill, the penalities include: One to seven days’ default – 10 per cent of one month wage; Eight to 30 days’ unpaid wage – 20 per cent of one month wage; Thirty to 60 days’ default – 30 per cent of two months’ wage; Sixty days and above – 30 per cent of the wage for the duration and one month imprisonment.
Where the breach is in respect of other benefits besides monthly wage and pension, the penalty shall be 30 per cent of such benefits for the period.
When it was obvious the lawmakers would defeat the bill, the sponsor tactically withdrew it.
Saying the bill is people-oriented as it affects every Nigerian, Gbajabiamila argued that a worker is entitled to his dues and timely too as agreed upon by both parties.
He said a breach of that agreement should not be waved aside by the legislature that has a responsibility of protecting the interests of Nigerian.
The lawmaker regretted that the refusal or inability by organisations to pay salaries for months have become common.
According to him, the dignity of the worker not paid for months is being eroded as his obligations to family and society become impossible.
He said fighting corruption becomes difficult in the face of unpaid wages because victims have to survive by every means at his disposal.
Gbajabiamila noted that rights to life as enshrined in the constitution become blurred as quality of life is paramount to that life.
Going through the bill, he said: “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 wages, salaries, pension and 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 employee.
“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; and
“The amount of the deduction or payment is fair and reasonable having regard to all the circumstances of the case.
“An employer shall not make any such deduction or receive any such payment unless the deduction or payment is made in pursuance or, or in accordance with such a contract aforesaid; and particulars in writing showing the acts or omission in respect of which the deduction or payment is made.
“An employer shall not hold on to the salary, wage, pension and any other benefit and emolument of any workman for a period of 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 majure”.
However, the antagonists of the bill did not agree with the Majority leader, saying it was a constitutional matter, citing Section 16 (2) that deals with salaries and wages.
Linus Okorie (PDP, Ebonyi) said issue of wages was adequately covered by Section 16 (2) (d) while Edward Pwajok (PDP, Plateau ) said the punishments proposed by the bill was not justified as reasons for default might be due to administrative challenges rather than intentional default.
Attempts by the Speaker, Yakubu Dogara, to make his colleagues see the bill from the angle of discouraging employers from disregarding their responsibilities to their workers fell in deaf ears.
To enable the bill have a second chance at a later day, the bill was withdrawn by the leave of the House.
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