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Nairaland Forum / Nairaland / General / Career / Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? (17097 Views)
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Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Richy4(m): 9:50am On Nov 21, 2021 |
I may not be an expert but I believe that you signed a contract right? If any employer( private) told you that he/she will be paying you #25000, and you sign.. do u think it is morally correct to now sue him/ her?.. there's power in signature.. If u have already taken the position before the labour law of minimum wage was enforced, u have the right to bring it up to your employer.. if he/she says that your original amount being paid to you stands, then u can resign honorably... 1 Like |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Kingstanding: 9:50am On Nov 21, 2021 |
FuckDModz:. Don't mind him. The government that made the law of 30k minimum wage hasn't paid it and you were talking about private company. Nigeria is one of the most difficult country to run a business as a private sector. Anybody's is free to quit a job that he/ she knows that is not paying well. Rubish and ingredients 1 Like |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by teemy(m): 9:50am On Nov 21, 2021 |
Talk2david1: @Talk2david1 The law stipulates a minimum wage for employers where the number of employees in that establishment is 25 or more. Yes, they can be sued but the employer might claim in defence that the school is not making as much to make it up to 30k per employee and instead of laying off staff, they decided to keep up the lower pay. Another way they might play this is by reducing the number of employees to exactly 24! But, isn't charity supposed to begin from the govt? Several state govts still operate the 18k minimum wage due to low income and use the - instead of laying off staff..... - excuse. Now if govt can get away with it.... Hope you see the similitude. For now, it is not a battle that can be won. Wishing you well - Teemy 2 Likes 1 Share |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by lomprico(m): 9:55am On Nov 21, 2021 |
HEAVEN4444: and after you win, get ready to be fired! |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Nobody: 9:55am On Nov 21, 2021 |
Nairalanders. |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Alal(m): 9:55am On Nov 21, 2021 |
If the workers are 50 or more |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by HEAVEN4444: 9:58am On Nov 21, 2021 |
lomprico:its a catch 22
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Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by LAFOCUZY: 10:00am On Nov 21, 2021 |
Talk2david1: How do you know they make 70million a term What is your pay roll? Do you know if they have loans to pay? What is the school operating cost per term- salaries, taxes, facility maintenance cost etc Schools fees are discounted for some people. Have collected all the fees?? 3 Likes |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Nobody: 10:02am On Nov 21, 2021 |
FuckDModz:What sort of irritating person is this? Nah una type wey make this country dey stagnant like this. The school is talking about dey make up to #70m, they shouldn't be paying ridiculous salaries to their staffs. The law is the law |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by akmath: 10:03am On Nov 21, 2021 |
You get money to sue employer for Naija and you no go start your own business, Abobi check am na |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by MarketDispatch: 10:04am On Nov 21, 2021 |
Ifebaby16: Police that is also complaining of salary? 1 Like |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by matm: 10:16am On Nov 21, 2021 |
Yes as a Labour union.Not advisable as an individual employee.Cost of litigation,indefinite adjournments,witch-hunting and non implementation even after you won in the court would be the end. |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Testimony1988(m): 10:19am On Nov 21, 2021 |
The best is to leave the job, for you to sue them, base on our justice system, it will delay and one will spend much, so it's better one leaves the job. |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Fcwilly: 10:19am On Nov 21, 2021 |
parzdor: Bro wetin you want take that stone do? |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by dollynnn(f): 10:23am On Nov 21, 2021 |
Richy4:Section 3(3) of the National Minimum Wage Act 2019 provides that any agreement to pay less than the minimum wage is void. So even if something like that was incorporated into the terms of the contract of employment and the employee had signed,such is of no effect. |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by colestephan86: 10:26am On Nov 21, 2021 |
FuckDModz:Lol, some from the very first day on they job already have a mapped out plan on how they want to run the company to the ground 3 Likes |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Selfmotivated: 10:27am On Nov 21, 2021 |
Most private big schoole are guilty of this. But, this is Nigeria where minimum wage only applies to government own corporations except in some cases where private firms pay higher... |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by BluntTheApostle(m): 10:37am On Nov 21, 2021 |
FuckDModz: What has laziness got to do with this post? If someone is underpaid, does complaining make them lazy? The truth is many company boards just like cutting corners, which is why they prefer cheap labor irrespective of the size of revenue generated. That is why you will find a company growing, while salaries remain constant. Such wickedness, and yet when employees complain, you lots open your mouths to call them lazy. Nonsense!!! |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Kanixt(m): 10:37am On Nov 21, 2021 |
Olayetan:Tell me where to find the better offer? |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Mozhac(m): 10:37am On Nov 21, 2021 |
It is possible to sue them but note that the system in Nigeria don't work. But prepare your mind to quit because they will fire you for fighting. Besides, the money those lawyer will charge you for bribe you may not afford it. Even if you win, the people that will enjoy it are those that were employed after you have left the organisation. So, weigh the options if it worth fighting for. Talk2david1: |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by BluntTheApostle(m): 10:40am On Nov 21, 2021 |
Danjikanbauchi: Why are you people talking like this? Are staffs paid free money? Don't they work for their own money too? Or you think that only administrative work is hard? |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by maiquel: 10:47am On Nov 21, 2021 |
What is in your contract of service? |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by vickydevoka(m): 10:54am On Nov 21, 2021 |
Unibener:Skuls in abj makes more than. Na Dem go do uniform, book and other students wear. Each Class na like 30 1 Like |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Evergreen4(m): 10:55am On Nov 21, 2021 |
I believe you can if only you have employment letter. Most the those organization paying peanuts don't offer employment letter |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by FuckDModz: 10:55am On Nov 21, 2021 |
BluntTheApostle: If cheap labour can guarantee the same output, then so be it. If you're not cheap, take your value to a better company. Bastards just like to complicate everything. I mean, before you signed the agreement form, you saw the net pay boldly written on it. |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by maiquel: 10:58am On Nov 21, 2021 |
Mozhac: For bribe? Your employers can't even fire you because you won a court case... they'll be introducing more problems to themselves. Nigerians are too afraid to seek recourse in court, the court is the hope of the common man. |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by BluntTheApostle(m): 11:03am On Nov 21, 2021 |
FuckDModz: Raising the minimum wage voids initial contract. Moreover, the OP is asking a question. He has the right to. Do you expect employees to be robots who shouldn't wonder about their pay? |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by olalekan1(m): 11:04am On Nov 21, 2021 |
It depend on the size of the company. The size as it relates to the total number of employees in the company's payroll. I think the benchmark is 50 or so. |
Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Venerable612(m): 11:16am On Nov 21, 2021 |
Talk2david1: I am surprised at the comments to your question on the front page. Shows the level of seriousness of Nairaland users - on Quora you would have got far more intelligent comments even from people who are not lawyers. That said, yes you can sue your employer at the National Industrial Court for non-compliance. YHowever, certain establishments are exempted from paying the National Minimum Wage - National Minimum Wage Act 2019 exempts the following establishments: - an establishment in which less than 25 workers are employed; - an establishment in which workers are employed on a part-time basis (those working for less than 40 hours per week); - an establishment at which workers are paid on commission or on piece-rate basis; - workers in seasonal employment (as agriculture) and - seamen/crews of aircraft. If you are a teacher and your school employs more than 25 full time employees- it’s best you take an action together with other employees willing to pursue the action. You guys can apply to serve a notice of compliance on your employer too - but please speak with a Lawyer. You will be able receive all the money that has accrued since you started working with that employer, including interest! But please - don’t take a court action against an employer that doesn’t have the money to pay! It’s essentially fruitless. Hope that helps. 1 Like
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Re: Can An Employer Be Sued For Paying Less Than 30k Minimum Wage? by Web2020: 11:20am On Nov 21, 2021 |
FuckDModz:Your second paragraph nailed it. |
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