Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Nigeria

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1961)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1960)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wage) and 95 (protection of wages) together.

The Committee notes the observations of the Nigeria Labour Congress (NLC) received on 8 September 2017 on the application of these Conventions.

Minimum Wage

Article 1 of Convention No. 26. Scope of minimum wage protection. In its previous comments, the Committee referred to the exclusions from the National Minimum Wage Act and requested the Government to indicate any progress made with regard to extending the scope of that legislation to all workers in need of such protection. With reference to its latest comment on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee notes the Government’s indication that future amendments to the National Minimum Wage Act will extend its coverage to the workforce that is currently excluded. It therefore hopes that in the context of the next review of the national minimum wage this matter will be addressed and it requests the Government to provide information on progress made in this regard.

Article 4(1). System of supervision and sanctions. The Committee notes that the NLC indicates that at the state level, governments are reluctant to implement the law on the national minimum wage. The Committee requests the Government to send its comments in this regard and to indicate how it ensures that the national minimum wage is applied at all levels, including at the state level.

Protection of Wages

Article 2 of Convention No. 95. Protection of wages of homeworkers and domestic workers. Following its previous comments on this matter, the Committee notes that the Government indicates in its report that the Labour Standards Bill which extended the application of the labour legislation to homeworkers and domestic workers has been withdrawn from the National Assembly and was being reviewed by the stakeholders. The Committee requests the Government to provide information on progress made in the revision of the labour legislation and on any measures taken or envisaged to ensure the protection of wages of homeworkers and domestic workers.

Articles 6 and 12(1). Workers’ freedom to dispose of their wages and regular payment of wages. The Committee recalls that it previously requested the Government to revise section 35 of the Labour Act which allows the Minister of Labour to authorize deferred payment of up to 50 per cent of workers’ wages until the completion of their contract. In the absence of new information on this matter, the Committee recalls that such deferred payment would impede workers’ freedom to dispose of their wages and that it is inconsistent with the requirement of payment of wages at regular intervals. Therefore, the Committee requests the Government to revise section 35 of the Labour Act and to provide information on progress made in this respect. It also requests the Government to indicate in which circumstances use has been made of this provision in recent years.

Article 7(2). Work stores. The Committee notes that section 6(1) of the Labour Act provides that the Minister of Labour may, after consultation with the State Authority, give approval to an employer to establish a shop for the sale of provisions to his workers and that no worker shall be compelled by any contract or agreement, written or oral, to purchase provisions at any shop so established. The Committee recalls that Article 7(2) also requires that where access to stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and only for the benefit of the workers concerned. In the absence of any provision regulating this particular situation in the Labour Act, the Committee requests the Government to indicate what measures are in place in order to ensure the application of this provision of the Convention.

Article 12(1). Regular payment of wages. The Committee notes that, in its observations, the NLC indicates that there are issues of non-regular payment of wages in several states. The Committee also notes the absence of any reply from the Government to its previous request for information on the situation of wage arrears in the country. The Committee recalls once again the importance of ensuring timely and complete payment of wages due to workers and emphasizes that accumulation of wage debts contravenes the letter and the spirit of the Convention. The Committee requests the Government to take the necessary measures, such as reinforcing supervision and strengthening sanctions, to address this issue and to provide information on the sectors and regions most affected, and the average length of time involved in late payments.

Article 14. Information on wages before entering employment and wage statements. The Committee notes that section 7(1) of the Labour Act provides that the rates of wages and methods of calculation and periodicity of the payment shall be communicated to workers not later than three months after the beginning of their employment. In addition, the Committee notes that the Labour Act does not provide for wage statements to be issued to workers at the time of each payment. The Committee recalls that Article 14 provides for workers to be informed of the applicable wage conditions before they enter employment and for wage statements to be issued to them at the time of each payment. The Committee requests the Government to indicate the measures taken to ensure full conformity with this provision of the Convention.