Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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.

Article 1 of Convention No. 26. Scope of minimum wage protection. In its previous comments, the Committee requested the Government to extend the scope of the National Minimum Wage Act to all workers in need of such protection, in the context of its next minimum wage revision. The Committee takes note that, in its report, the Government refers to the adoption of the National Minimum Wage Act 2019, which reduces the minimum size of the establishments to which the Act applies, from 50 to 25 persons (section 4). However, the Committee observes that the Act otherwise replicates the exclusions already foreseen in the previous National Minimum Wage Act. With reference to its latest comment under the Equal Remuneration Convention, 1951 (No. 100), the Committee requests the Government to take the necessary measures to extend the minimum wage coverage to the categories of workers currently excluded, which are in need of such protection.

Article 4(1). System of supervision and sanctions. The Committee previously requested the Government to provide comments on the observations of the Nigeria Labour Congress (NLC) alleging that governments at the state level are reluctant to implement the law on minimum wage. In this regard, the Committee notes the Government’s indication that the authorities at the state level appear not to comprehend fully the principles of the national minimum wage, and that technical assistance from the Office would be necessary to sensitise them on the provisions of the Convention. The Committee recalls that each Member which ratifies this Convention must take the necessary measures, by way of a system of supervision and sanctions, to ensure that the employers and workers concerned are informed of the minimum wage rates in force, and requests the Government to provide further information on how it ensures that the national minimum wage is applied at all levels.

Article 2 of Convention No. 95. Protection of wages of homeworkers and domestic workers. In its previous comment, the Committee noted the Government’s indication that the Labour Standards Bill, which should apply to homeworkers and domestic workers, had been withdrawn from the National Assembly and was being reviewed by the stakeholders. The Committee notes that in its report, the Government indicates that, once adopted, the Labour Standards Bill will apply to domestic workers, but it does not mention homeworkers nor does it provide any additional information on measures taken to protect the wages of these categories of workers currently excluded from the Labour Act. The Committee requests the Government to take the necessary measures to guarantee the protection of wages of homeworkers and domestic workers, including through the adoption of the Labour Standards Bill, and to provide information in this regard.

Articles 6 and 12(1). Workers’ freedom to dispose of their wages and regular payment of wages. The Committee had 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 percent of workers’ wages until the completion of their contract. While noting the Government’s indication that the Federal Ministry of Labour and Employment has not acted upon section 35 of the Labour Act in recent years, the Committee once again requests the Government to take the necessary measures to bring section 35 of the Labour Act into conformity with the Convention and to provide information in this regard.

Article 7(2). Work stores. In response to the Committee’s request for information on measures to give effect to Article 7(2), the Government only indicates that this matter is covered by the Labour Standards Bill, which has not yet been adopted. The Committee requests the Government to take the necessary measures to ensure that, where access to stores or services other than those operated by the employer is not possible, goods are sold and services provided at fair and reasonable prices and for the benefit of the workers, in accordance with Article 7(2).

Article 12(1). Regular payment of wages. The Committee previously noted the NLC’s observations regarding issues of non-regular payment of wages in several states. In this regard, the Committee notes the Government’s indication that wage arrears has become an issue of great concern for the social partners, and that it is planning to engage all relevant authorities to deliberate and find a lasting solution. The Committee requests the Government to continue to take the necessary measures, such as reinforcing supervision and strengthening sanctions, to address this issue, and to provide information on the progress made in this respect.

Article 14. Information on wages before entering employment and wage statements. Following its previous comments on measures taken to give effect to Article 14, the Committee notes the Government’s indication that, in practice, workers receive payslips each month, in both the public and private sectors. The Committee requests the Government to indicate the measures taken to ensure that workers are informed, in an appropriate and easily understandable manner before they enter employment and when any changes take place, of the conditions in respect of wages under which they are employed, in accordance with Article 14(a).