Some independent lawyers in Bauchi have cautioned Bauchi State government and the Nigeria Labour Congress over plans to deduct civil servants’ salaries in the name of coronavirus, describing the move as illegal under the constitution.
Citing different sections of the labour act, the lawyers say the move contravenes section 5 and 6 of the labour act which require employers to obtained written consent from their employees before any deductions are made.
WikkiTimes reports that no such consent was obtained by either the state government or the Nigeria Labour Congress from the civil servants.
Many top civil servants in the state have criticised the NLC for what they described as connivance with authorities to shortchange workers.
One of the lawyers, Barrister Idrees Gambo said the move went contrary to the provisions Section 5 (1), which held That “Except where it is expressly permitted by this Act or any other law, no employer shall make any deduction or make any agreement or contract with a worker for any deduction from the wages to be paid by the employer to the worker, or for any payment to the employer by the worker, for or in respect of any fines: Provided that, with the prior consent in writing of an authorized labour officer, a reasonable deduction may be made in respect of injury or loss caused to the employer by the willful misconduct or neglect of the worker”.
The legal practitioner added that “(2) An employer may with the consent of a worker make deductions from the wages of the worker and pay to the appropriate person any contributions to provident or pension funds or other schemes agreed to by the worker and approved by the State Authority”, he added.
(3) Upon the registration and recognition of any of the trade union specified in Part A of Schedule 3 to the Trade Unions Act, the employer shall-
(a) make deductions from the wages of all workers eligible to be members of the union for the purpose of paying contributions to the trade union so recognised; and
(b) pay any sum so deducted to the union, but a worker may contract out of the system, in writing, and where he has done so, no deductions shall be made from his wages in respect of contributions mentioned in paragraph (a) of this section”.
(4) No deductions shall be made from the wages and salaries of persons who are eligible members of any of the trade unions specified in Part B of the Schedule 3 to the Trade Unions Act except the person concerned has accepted, in writing, to make voluntary contributions to the trade union.
(5) Deductions may be made from the wages of a worker in respect of overpayment of wages, but only in respect of any such overpayment made during the three months immediately preceding the month in which the overpayment was discovered.
(6) An employer shall, when making a payment to a trade union under paragraph (b) of subsection (3) of this section, include with such payment a list of the employees from whom deductions were made pursuant to paragraph (c) of the said subsection.
(7) Notwithstanding any other provision of this Act, the total amount of deductions that may be made from the wages of a worker in any one month shall not exceed one-third of the wages of the worker for that month.
He said in section 6 (1), the Minister may, after consultation with the State Authority, give approval to an employer to establish a shop for the sale of provisions to his workers, but no worker shall be compelled by any contract or agreement, written or oral, to purchase provisions at any shop so established.
(2) No employer shall in any place of employment establish a shop for the sale of provisions to his workers (or permit such a shop to be established or kept) otherwise than in accordance with subsection (1) of this section.”
He said going by the provisions of the Labour Act, it is very clear that no employer reserves the right to make any deduction from the salary of any worker without his prior written consent as shown by Sections 5 and 6 of the Act.
“Therefore, it goes without saying that any attempt by any authority or person in that direction must remain an illegality, unless those deductions that are done in accordance with the Labour Act or any other relevant law in that regard”, he concluded.
