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COVID-19: Is An Employer Bound To Pay Salary To His Worker- Legal Perspectives. - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / COVID-19: Is An Employer Bound To Pay Salary To His Worker- Legal Perspectives. (183 Views)

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COVID-19: Is An Employer Bound To Pay Salary To His Worker- Legal Perspectives. by Treash(m): 8:57am On Apr 24, 2020
Treash:
Under the doctrine of "force majeure", an employer is not bound to pay his employees who are not rendering services any salary. He can rely on doctrine of 'frustration' and 'operation of law', see Section 17 of the Labour Act.

The word "Frustration", means an intervening circumstance that prevents the performance of certain transaction, beyond the capability of either party, for example, death, protracted illness, natural disasters/ occurrence or accident. The word, "Operation of Law" means that either party is unable to fulfill his own part of transaction because of directives issued by the government or through a written law. In the circumstance of the current lockdown pronounced by the government and the ongoing pandemic, the employer can rely on 'frustration' and 'operation of law'.

The implications is that an employer is not bound to pay his worker salary during the lockdown, except he so wishes. The regime of Labour Act does not however apply to some categories of people. This includes those in the administrative affairs, executive arms of companies, those who offer professional services.

Barr Adeolu Ayo Aderinto.

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