Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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 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 International Trade Union Confederation (ITUC) on the application of Conventions Nos 26 and 95, received on 1 September 2022.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 110th Session, May–June 2022)

The Committee notes the discussion that took place in the Committee on the Application of Standards (hereinafter Conference Committee) in June 2022 concerning the application of Conventions Nos 26 and 95. The Committee notes that the Conference Committee urged the Government to: (i) consult with the social partners on the issue of extending the minimum wage coverage to the categories of workers currently excluded by the National Minimum Wage Act 2019; (ii) ensure, in consultation with social partners, that men and women receive equal remuneration for work of equal value, including with regard to minimum wage coverage; (iii) establish, in consultation with social partners, an effective system of supervision and sanctions to ensure that the national minimum wage is applied at all levels; (iv) consult with social partners on the issue of the application of the scope of wage protection to domestic workers; (v) consult with the social partners on the provisions of section 35 of the Labour Act that allow the Minister of Labour to authorize deferred payment of up to 50 per cent of workers’ wages until the completion of their contract, in light of Articles 6 and 12(1) of Convention No. 95; and (vi) consult with social partners with a view to amending sections 6(1) and 7(1) of the Labour Act to come into line with Convention No. 95. In addition, the Conference Committee requested that the Government avail itself, without delay, of technical assistance from the Office to ensure compliance with the Conventions in law and practice.

The Committee notes the indication in the report of the Government that a tripartite meeting on the Conference Committee conclusions was organized on 10 August 2022, with the Government, the Nigeria Employers’ Consultative Association (NECA), the Nigeria Labour Congress (NLC), the Trade Union Congress (TUC) and the ILO in attendance. The Government indicates that decisions were adopted at the meeting to ensure the full application of Conventions Nos 26 and 95, including a road map recommending a second tripartite meeting and the submission of recommendations to the National Labour Advisory Council (NLAC). The Committee notes that many of the decisions adopted refer to the Labour Standards Bill, pending its adoption, and the revision of the National Minimum Wage Act 2019. The Committee requests the Government to continue to take all necessary measures to ensure the appropriate follow-up to the conclusions of the Conference Committee as early as possible, in consultation with the social partners, and to provide information in this regard. The Committee also expresses the firm hope that the measures taken, including the adoption and revision of the relevant implementing legislation, will provide an adequate response to the following comments of the Committee.

A.Minimum wage

Article 1 ofConvention No. 26. Scope of minimum wage protection. Following its previous comments, the Committee notes the Government’s indication that the scope of the minimum wage may be revisited in the next review of the National Minimum Wage Act 2019. The Committee also notes that a proposal for the extension of the minimum wage coverage is included in the road map adopted by the tripartite constituents on 10 August 2022. The Committee hopes that in the context of the initiatives referred to by the Government, all the necessary measures will be taken to fix minimum rates of wages for workers employed in certain trades or partsof trades in which no arrangements exist for the effective regulation of wages by collective agreement or otherwise and where wages are exceptionally low. It requests the Government to provide information on the progress made with regard to the road map’s implementation.

Article 4(1). System of supervision and sanctions. Following its previous comments, the Committee notes the Government’s indication that the four states which have yet to apply the national minimum wage are being monitored by the state labour offices of the Federal Ministry of Labour and Employment, and by the National Salaries, Incomes and Wages Commission. The Committee also notes that, at the tripartite meeting on 10 August 2022, the constituents agreed: (i) to establish a tripartite structure to review sanctions, identify gaps and make proposals towards strengthening the supervision and enforcement of the National Minimum Wage Act 2019; and (ii) to recommend additional capacity building for labour officers on the need for effective and adequate monitoring and enforcement of sanctions. The Committee requests the Government to continue to take the necessary measures to ensure, by way of a system of supervision and sanctions, that wages are not paid at less than the minimum wage rates in cases where they are applicable. The Committee requests the Government to provide further information on the measures taken in this regard, including those taken to ensure that the four states that have yet to apply the national minimum wage, comply with the National Minimum Wage Act 2019.

B.Protection of wages

Article 2 of Convention No. 95. Protection of wages of homeworkers and domestic workers. Following its previous comments, the Committee notes the Government’s indication that the Labour Standards Bill, which focuses on domestic workers rather than homeworkers, has been reviewed and validated by the social partners and is awaiting further action. The Committee nevertheless observes an absence of information concerning the timeframe for adopting this legislation. The Committee once again requests the Government to continue to make every effort to ensure the protection of wages of domestic workers, including through the adoption of the Labour Standards Bill, and to provide information on any progress made in this respect.

Articles 6, 7(2), 12(1) and 14. Workers’ freedom to dispose of their wages. Work stores. Regular payment of wages. Information on wages before entering employment and wage statements. Following its previous comments, the Committee notes the Government’s indication that: (i) section 35 of the Labour Act has been raised during the National Tripartite Labour Bill Reviews and deleted from the Labour Standards Bill, and the protection of wages and of workers’ freedom to dispose of their wages are covered under sections 11, 12 and 13 of the Labour Standards Bill; (ii) the recommended amendment concerning work stores and section 6 of the Labour Act has been executed in the Labour Standards Bill; and (iii) payslips are available on request retrospectively, and section 14 of the Labour Standards Bill would provide for written particulars of terms of employment to be provided before the start of employment. Taking due note of this information, the Committee encourages the Government to pursue its efforts to ensure the application in law and in practice of these provisions of the Convention, including through the adoption of the Labour Standards Bill. The Committee requests the Government to provide information on any court decision or arbitration award issued in relation to these Articles of the Convention.

Article 12(1). Regular payment of wages. Following its previous comments on this issue, the Committee notes the observations of the ITUC, indicating that wage arrears have become an issue of great concern for workers and that wages are not paid regularly in several states. The Committee also notes the information provided by the Government on the measures envisaged in this regard, including its intention to utilise the NLAC to drive home the need to protect wages. The Committee requests the Government tocontinue to take all necessary measures to address this issue, including the strengthening of supervision and sanctions, and to provide information on the progress made.