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National Minimum Wage Act

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Explanatory Memorandum: This Act [which has been amended by the National Minimum Wage 2000, the National Minimum Wage 2011 and National Minimum Wage 2019] prescribes a national minimum wage for workers and for other matters connected therewith.

Arrangement of Sections

1. Employer to pay minimum wage.

2. Exemptions.

3. Employer's obligations in respect of minimum wage.

4. Permit of exemption for workers affected by infirmity or physical injury.

5. Employers to keep records.

6. Officers and their powers.

7. Offences by agents, etc.

8. Offences and penalties.

9. Interpretations.

10. Short title.

NATIONAL MINIMUM WAGE ACT

An Act to prescribe a national minimum wage for workers and for other matters connected therewith.

[1981 No.6.]

[3rd September, 1981] [Commencement.]

1. Employer to pay minimum wage

1) As from the commencement of this Act, it shall be the duty of every employer (except as provided for under this Act) to pay a wage not less than a national minimum wage of N5,500 per month to every worker under his establishment.

2) Any agreement for the payment of wages less than the national minimum wage as prescribed in subsection (1) of this section, shall be void and of no effect whatsoever.

2. Exemptions

(1) The provisions of subsection (1) of section I shall not apply to-

1. a)an establishment in which less than fifty workers are employed;

2. b)an establishment in which workers are employed on part-time basis;

3. c)an establishment at which workers are paid on commission or on piece-rate basis;

4. d)workers in seasonal employment such as agriculture;

5. e)any person employed in a vessel or aircraft to which the laws regulating merchant shipping or civil aviation apply.

(2) The Minister may, by order published in the Federal Gazette, grant other exemptions as he deems necessary in the interest of the national economy, taking into consideration reports from wages boards or such other body as might make representation for exemption on this behalf.

3. Employer's obligations in respect of minimum wage

(1) An employer shall pay to the workers a wage not less than the national minimum wage clear of all deductions (except any deductions required by law or deductions in respect of contributions to provident or pension funds or schemes agreed to by the workers and approved by the Minister) and, if the employer fails to do so, he is guilty of an offence and liable on conviction to a fine not exceeding N 100 and in the case of continuing offence to a fine not exceeding N10 for each day during which the offence continues.

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