Lawyer Explains It's Illegal to Deduct Lateness Fees From Workers' Salaries

• A Nigerian lawyer said it is not lawful for employers to deduct money from their workers' salaries because they arrived work late
• In a TikTok video, the lady said such deductions are only allowed if they are sanctioned by the laws of Nigeria
• She said that fees such as late-coming penalties cannot be deducted from a worker's salary unless there is an agreement

A Nigerian lady, who is a trained lawyer, said it is illegal for employers to deduct money from their workers' salaries.

According to the lady, money can only be taken from a worker's salary if there is a law that approves such.

The lawyer, identified on TikTok as Benedict Wokocha, said deductions such as late-coming fees and other such punitive fees are illegal.

According to her, the only ones that are allowed are the ones approved by the laws of the country.

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Her words:

"No employer shall make any deduction, or make any agreement with a worker for any deduction from the salary of the worker, not even in respect of fines. I just read section 5 of the labour act and all employers are bound by this law. So, you see that deductions from your salary, from lateness, welfare, development levy, burial and wedding levy, caution fee, and all those unnecessary deductions from your salary; they are all unlawful and punishable by the payment of fine by that organisation. Even if they say oh, you signed the agreement, that agreement is unlawful unless such deductions are authorised by an existing law. For example, taxes, NHF, and NHS contributions, pension funds; those are the legal ones which must not be more than 1/3 of the salary. How is someone's salary will be N30k and you are removing N1500 every day for lateness, even with this heavy rain?"

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The lawyer said workers in an organisation can join hands together and sue if such deductions are made.

Section 5(1) of the Labour Act states:

"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."

Watch the video below:

Reactions as lady speaks on Labour Act

@BigbabyDee said:

"Lol. My current office surcharges for everything. Even if you’re a minute late you’ll be charged 2500. You’ll be charged for missing a day including sick days. No unpaid leave. No immediate resignation if you do you’ll refund your last month salary in full. Surcharged for pidgin, surcharge for little mistakes. Including wasting printing plain sheet. Madness right?"

@Nene said:

"This company deducted my money because I didn’t take my calls after work hours and claimed I closed early. Guys I close 5:30, I was literally climbing downstairs at 5:30 but according to them, I should still be in the office at 5:30 and start walking out at past 5:30. Crazy! Anyway I’m currently job hunting cause that is pure wickedness."

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Lady gets sacked from her workplace

Earlier, Legit.ng reported that a Nigerian lady working at a company opened up on how she was sacked by the firm.

She stated that after she was sacked, her colleagues also resigned from the job because of her.

Many who came across the video shared their thoughts on the ladies’ decision and wished them well.

Proofreading by James Ojo, copy editor at Legit.ng.

Source: Legit.ng