An employee’s salary is a fundamental part of the employment relationship. Once an employee has earned salary under the terms of the employment contract, an employer cannot simply withhold it without a lawful basis. Salary can only be withheld or deducted in certain circumstances permitted by law or by the terms of the employment relationship. However, an employer that arbitrarily refuses to pay an employee’s earned salary can be liable to the employee for the outstanding amount. This article explains when an employer can lawfully withhold or deduct salary in Nigeria, what an employee can do when salary is withheld, and the legal remedies available for recovering unpaid salary. What Does It Mean to Withhold Salary? Withholding salary means failing to pay an employee remuneration that has become due and payable. It is different from a lawful deduction. For example, where an employee’s gross salary is ₦500,000 and the employer deducts an amount required by law, the employer has not necessarily withheld the employee’s salary unlawfully. However, where the employer simply refuses to pay the employee’s ₦500,000 salary without a lawful basis, the situation is different. The reason for the non-payment is therefore important. Can an Employer Withhold Salary in Nigeria? An employer cannot arbitrarily withhold salary that an employee has earned. The legality of withholding or deducting salary depends on the employment contract, applicable legislation and the circumstances of the particular case. The Labour Act contains provisions regulating deductions from wages, while the terms of the employment contract can also establish the employee’s remuneration and circumstances in which deductions can be made. An employer should therefore have a lawful basis before withholding or deducting an employee’s salary. When Can an Employer Lawfully Deduct Money from Salary? There are circumstances in which deductions from salary are lawful. Statutory Deductions Certain deductions are required by law. These can include applicable taxes and other statutory contributions or deductions imposed under Nigerian law. An employer making a statutory deduction is not unlawfully withholding the employee’s salary merely because the employee receives a lower net amount than the gross salary. Contractually Authorised Deductions An employment contract can contain provisions authorising particular deductions in specified circumstances. However, the existence of a contractual provision does not automatically make every deduction lawful. The employer must still comply with applicable legislation and the terms of the contract. Deductions Permitted by Law The law permits certain deductions in specified circumstances. Section 5 of the Labour Act regulates deductions from wages and places restrictions on deductions that an employer can make from an employee’s remuneration. An employer should therefore identify the specific legal or contractual basis for any deduction from salary. Can an Employer Withhold Salary Because an Employee Made a Mistake? Not automatically. An employee’s mistake does not give an employer an unrestricted right to deduct the cost of the mistake from the employee’s salary. The employer must establish the legal or contractual basis for the deduction. For example, if an employee causes financial loss to the employer through negligence, the employer should not simply decide the amount of the loss and deduct it from the employee’s salary without considering the applicable employment terms and law. Where the employer believes that the employee is financially liable, the employer should use the appropriate disciplinary or legal procedure. Can an Employer Withhold Salary Because an Employee Owes the Company Money? An employer cannot simply treat an alleged debt owed by an employee as permission to withhold whatever amount of salary it chooses. The alleged debt should be established, and any deduction from salary must comply with applicable law and the employment contract. If the employer has a genuine claim against an employee, it can pursue the appropriate contractual or legal remedy. The existence of an alleged debt and the employee’s entitlement to earned salary are separate issues. Can an Employer Withhold Salary Because an Employee Resigns Without Notice? An employee who resigns without giving the required notice can potentially be liable for the consequences of failing to comply with the employment contract. However, this does not automatically give the employer an unrestricted right to confiscate or withhold all salary owed to the employee. The employer should determine the employee’s contractual liability and the lawful means of enforcing it. An employer should also distinguish between: salary already earned; salary payable during a notice period; payment in lieu of notice; and any separate debt allegedly owed by the employee. These are not automatically the same thing. Can an Employer Withhold Salary During an Investigation? An employer may need to investigate allegations of misconduct, but the existence of an investigation does not automatically entitle the employer to withhold salary indefinitely. The employer should examine the employment contract, staff handbook, disciplinary policy and applicable law to determine the employee’s position during the investigation. If the employee has been suspended, the terms governing suspension become particularly important. The employer should not use an investigation as a blanket justification for withholding earned salary where there is no lawful basis for doing so. Can an Employer Suspend an Employee Without Salary? The answer depends on the terms of the employment relationship and the circumstances of the suspension. An employer should examine the employment contract, applicable workplace policies and relevant law before placing an employee on suspension without pay. Where the contract expressly permits suspension without pay in specified circumstances, that provision becomes relevant. Where there is no contractual or legal basis for withholding remuneration during suspension, the employer can face a claim from the employee. The mere use of the word “suspension” does not automatically determine whether salary is payable. Can an Employer Withhold Salary Because of Poor Performance? Poor performance does not automatically entitle an employer to withhold an employee’s earned salary. Performance management and salary payment are separate issues. Where an employee has performed work for the relevant period and earned the agreed salary, the employer should not simply withhold the salary because the employee did not meet a performance target unless there is a
How to Recover Unpaid Salary from an Employer in Nigeria
Salary is a fundamental entitlement arising from an employment relationship. Where an employer fails to pay an employee’s salary when it falls due, the employee is entitled to take steps to recover the outstanding amount. An employer’s failure to pay salary does not automatically extinguish the employee’s entitlement to that salary. The appropriate remedy depends on the terms of the employment contract, the applicable law, the reason for the non-payment and the nature of the employment relationship. An employee who is owed salary should first establish the amount outstanding, review the terms of employment and make a formal demand. Where the employer refuses to pay, the employee can pursue the appropriate legal remedy. What Is Unpaid Salary? Unpaid salary is remuneration that an employee has earned under an employment relationship but which the employer has failed to pay when due. It can arise where an employer: Fails to pay an employee’s monthly salary. Pays only part of the agreed salary. Withholds salary without lawful justification. Fails to pay salary for the final period of employment. Fails to pay other contractual remuneration that has become due. Continues to withhold salary after terminating the employee’s employment. The precise entitlement depends on the employment contract and applicable law. Is an Employer Legally Obliged to Pay Salary? Yes. Where an employee has performed work pursuant to an employment contract, the employer is generally required to pay the agreed remuneration in accordance with the terms of the employment relationship. The employment contract is therefore an important document in any dispute over unpaid salary. The employee should examine the contract to determine: The agreed salary. The payment date or payment cycle. Allowances and other contractual benefits. Conditions attached to any bonus or incentive. The circumstances in which deductions can be made. The procedure for termination. Any applicable disciplinary or grievance procedure. Can an Employer Refuse to Pay Salary Because the Business Is Experiencing Financial Problems? An employer’s financial difficulty does not automatically extinguish an employee’s contractual entitlement to earned salary. A company experiencing financial difficulties can take lawful measures to restructure its workforce or business, but it cannot simply assume that employees have surrendered their entitlement to salary already earned. If the employer cannot pay, the parties can agree on a lawful arrangement concerning outstanding remuneration. An employer should not, however, treat an employee’s earned salary as automatically forfeited because the business is experiencing financial difficulties. Can an Employer Withhold an Employee’s Salary? An employer cannot make arbitrary deductions from an employee’s salary. The legality of withholding or deducting salary depends on the circumstances, the employment contract and applicable legislation. Where an employer has a legitimate basis for a deduction, that basis should be identifiable and supported by the applicable law or contractual terms. An employee who discovers that salary has been withheld should therefore ask the employer to state the reason for the withholding and the legal or contractual basis relied upon. What Should an Employee Do When an Employer Refuses to Pay Salary? An employee should not immediately commence litigation without first establishing the facts and creating a documentary record. 1. Review the Employment Contract The first step is to review the employment contract or letter of appointment. Confirm the agreed salary, payment schedule and any provisions concerning deductions, suspension, leave, disciplinary action and termination. 2. Calculate the Amount Owed Determine precisely how much the employer owes. For example, if an employee’s monthly salary is ₦500,000 and the employer has failed to pay for three months, the basic salary arrears are ₦1,500,000, subject to any lawful deductions or other relevant contractual provisions. The employee should also separately identify unpaid allowances, commissions, bonuses or other benefits where they are contractually due. 3. Make a Formal Demand The employee should formally demand payment from the employer. The demand should state: The period for which salary remains unpaid. The amount outstanding. The contractual basis for the entitlement. The date by which payment is expected. The consequences of failing to resolve the matter. A written demand creates evidence that the employer was informed of the outstanding obligation. 4. Preserve Evidence An employee should preserve documents relating to the employment and non-payment. These can include: Employment contract. Letter of appointment. Payslips. Bank statements. Emails. WhatsApp messages. Staff handbook. Salary schedules. Evidence of previous salary payments. Correspondence with the employer. Termination or resignation documents. These documents can become important evidence if the dispute proceeds to litigation. Can an Employee Recover Unpaid Salary After Resigning? Yes. Resigning from employment does not ordinarily mean that an employee has abandoned salary that was already earned. If an employee resigns while the employer owes salary that had already become due, the employee can pursue recovery of the outstanding amount. The employee should distinguish between salary already earned and future salary that would have been earned had the employment continued. The fact that the employee resigned does not by itself extinguish an existing entitlement to salary already earned. Can an Employee Recover Unpaid Salary After Being Terminated? Yes. Termination of employment does not automatically extinguish salary that had already accrued before termination. For example, if an employee’s employment ends on 15 August and the employee has not received the salary due for the preceding month, the termination does not eliminate the existing salary debt. The employee can pursue the outstanding salary together with any other contractual entitlements that have become due. Where the termination itself was wrongful, the employee can also pursue the remedies available for wrongful termination, subject to the nature of the employment. Can an Employer Refuse to Pay Salary Because an Employee Owes the Company Money? An employer should not simply deduct whatever amount it considers appropriate from an employee’s salary. Whether a particular deduction is lawful depends on the applicable law, the employment contract and the circumstances giving rise to the alleged debt. Where an employer alleges that an employee owes the company money, the employer should establish the basis of the debt and the lawful mechanism for recovering it.
Wrongful Termination in Nigeria: What Employees Can Claim
Losing a job can be difficult, but the situation becomes more serious where an employer terminates an employee’s employment in breach of the terms of the employment contract or applicable law. Wrongful termination in Nigeria is primarily a contractual issue in ordinary employment relationships. The rights of an employee depend on the terms of the employment contract, applicable legislation and the circumstances surrounding the termination. An employee who believes that their employment was wrongfully terminated should understand the applicable rules before deciding what legal action to take. What Is Wrongful Termination? Wrongful termination occurs where an employer brings an employment relationship to an end in breach of the terms governing the employment. For example, where an employment contract requires one month’s notice or payment of salary in lieu of notice and the employer terminates the employment immediately without complying with either requirement, the termination is wrongful. The National Industrial Court has repeatedly recognised the contractual nature of ordinary master-and-servant employment. Where the contract prescribes a procedure for termination, the employer must comply with that procedure. Is Wrongful Termination the Same as Unlawful Dismissal? The terms should not be used interchangeably. In ordinary contractual employment, wrongful termination generally refers to termination in breach of the employment contract. Unlawful dismissal can arise where the termination violates a statutory provision or affects an employment relationship governed by specific statutory protections. The distinction is important because the applicable remedies depend on the nature of the employment relationship. What Makes a Termination Wrongful? A termination can be wrongful where the employer fails to comply with a contractual or legally required condition for bringing the employment to an end. Common examples include: Failure to give the required notice. Failure to pay salary in lieu of notice where applicable. Failure to comply with a contractual termination procedure. Termination contrary to an applicable statutory requirement. Failure to comply with an agreed disciplinary procedure where the contract makes that procedure a condition of termination. The employment contract should therefore be examined before determining whether a termination was wrongful. Does an Employer Need a Reason to Terminate Employment? An employer is not bound to give reasons for termination but once he gives a reason for termination of employment he bears the burden to justify it. In ordinary master-and-servant employment, an employer generally has the contractual right to terminate the relationship in accordance with the applicable terms. The employer’s reason for termination does not necessarily determine whether the termination is wrongful. The critical question is often whether the employer complied with the contract and applicable law. However, this principle does not permit an employer to terminate employment for a reason prohibited by law or to disregard statutory protections applicable to the particular employment relationship. What If the Employer Terminates Employment Without Notice? Where the employment contract requires notice, the employer must give the prescribed notice or make the appropriate payment in lieu of notice. Section 11 of the Labour Act also provides statutory notice periods in circumstances covered by the Act. The prescribed period depends on the duration and nature of the employment. Accordingly, an employer who terminates an employment relationship without the required notice or payment in lieu of notice acts in breach of the applicable terms. What Is Payment in Lieu of Notice? Payment in lieu of notice is payment of the remuneration that would have been earned during the applicable notice period where employment is terminated immediately. For example, if an employee’s contract requires one month’s notice and the employer wants the employee to leave immediately, the employer must comply with the contractual provision concerning payment in lieu of notice. The precise entitlement depends on the employment contract and applicable law. Can an Employer Dismiss an Employee Without Notice for Misconduct? Yes. Dismissal for serious misconduct is distinct from ordinary termination by notice. Where an employee commits conduct that legally and contractually justifies summary dismissal, the employer can terminate the employment without the ordinary notice period. However, the employer must still comply with any applicable contractual, statutory and procedural requirements. Where disciplinary procedure is required by the contract or applicable law, the employer must follow it. What If the Employee Was Not Given a Fair Hearing? The consequences depend on the nature of the employment relationship and the applicable rules. In ordinary contractual employment, the right to fair hearing does not automatically convert every termination into an unlawful termination merely because the employee was not given an opportunity to defend allegations. However, where the contract, staff handbook, applicable statute or the nature of the employment requires a disciplinary procedure, failure to comply with that procedure can expose the employer to liability. The National Industrial Court has demonstrated that failure to comply with contractual and company procedures can have significant consequences in wrongful-termination claims. What Can an Employee Claim After Wrongful Termination? The remedy depends on the circumstances of the employment and the nature of the breach. In ordinary contractual employment, an employee can claim the financial loss resulting from the employer’s breach, including the applicable notice entitlement. Other accrued contractual entitlements can also be claimed where they remain unpaid. Recent Nigerian employment jurisprudence has also shown developments concerning damages for wrongful termination, making it important to assess the current authorities applicable to the particular claim rather than relying solely on older statements of the law. Can an Employee Get Reinstatement? Reinstatement is not ordinarily the remedy for wrongful termination in a purely contractual master-and-servant relationship. Where an ordinary employment contract has been wrongfully terminated, the usual remedy is monetary compensation for the breach rather than an order compelling the employer to continue the employment relationship. Different considerations apply to employment governed by statute or involving statutory flavour. The nature of the employment relationship must therefore be established before advising on the remedy. What Is Employment With Statutory Flavour? Employment with statutory flavour is employment governed by statutory provisions that prescribe the terms and conditions of the relationship. It is different from ordinary master-and-servant employment. Where an employee’s
Can an Employer Sack You Without Notice in Nigeria?
Losing a job can be financially and professionally disruptive, particularly where an employee is dismissed without warning or without being given an opportunity to prepare for the termination. This often raises an important question: Can an employer sack you without notice in Nigeria? The answer depends on the nature of the employment relationship, the terms of the employment contract, the reason for the termination and the applicable law. An employer’s right to terminate an employment relationship is not necessarily unlimited, and an employee’s rights may depend significantly on the terms and laws governing the employment. What Does Notice of Termination Mean? Notice of termination is the period an employer or employee is required to give before bringing an employment relationship to an end. The applicable notice period may be provided by: The employment contract. A collective agreement, where applicable. Applicable legislation. The terms governing the particular employment relationship. Where an employee’s contract specifies a particular notice period, the parties generally need to consider that contractual provision when determining how the employment may be terminated. Can an Employer Terminate Employment Without Notice? In some circumstances, yes. An employer may be entitled to terminate employment without giving the ordinary period of notice where the law or the applicable employment contract permits immediate termination. One common example is termination for serious misconduct where the circumstances justify dismissal without notice. However, whether an employer was entitled to terminate without notice depends on the particular facts and the terms governing the employment. An employer should therefore not assume that every dismissal can lawfully be made without notice. What Is the Difference Between Termination and Dismissal? The terms are sometimes used interchangeably, but they can have different legal implications. Termination generally refers to bringing the employment relationship to an end in accordance with the applicable terms. Dismissal may refer to termination by the employer, particularly in circumstances involving misconduct or disciplinary issues. The legal consequences may depend on the nature of the employment and the applicable contractual and legal framework. Can an Employee Be Dismissed for Misconduct Without Notice? Potentially, yes. Where an employee commits serious misconduct, an employer may have grounds to dismiss the employee without the ordinary notice or payment in lieu of notice, subject to the applicable law, contract and disciplinary procedure. Examples of conduct that may potentially amount to serious misconduct depend on the employment relationship and applicable rules. The employer should nevertheless ensure that the procedure adopted is consistent with the employee’s contractual and legal rights. Does an Employer Have to Give a Reason for Termination? Generally an employer is not bound to give any reason for terminating an employment. However, once he decides to give a reason, the burden lies on him to justify it. In many ordinary contractual employment relationships, the employer’s ability to terminate is primarily governed by the contract and applicable law. What If the Employer Says “You Are Fired” Immediately? An employer’s verbal statement may not necessarily resolve all the legal questions surrounding the termination. The employee should obtain and preserve relevant documents, including: Employment contract. Offer letter. Staff handbook. Termination or dismissal letter. Disciplinary correspondence. Emails and messages relating to the termination. Payslips and other relevant employment records. These documents may be important when determining whether the termination complied with the applicable contractual and legal requirements. What Is Payment in Lieu of Notice? Where the applicable terms permit termination by notice or payment in lieu, the employer may terminate the employment immediately by making the appropriate payment instead of requiring the employee to work through the notice period. The exact entitlement depends on the employment contract and applicable law. Payment in lieu of notice should therefore not be confused with a dismissal for misconduct. Can an Employer Terminate Employment Because He No Longer Wants the Employee? In ordinary contractual employment, an employer has a contractual right to terminate the relationship, subject to the applicable terms and law. However, that does not mean an employer can terminate employment for every conceivable reason or disregard contractual and statutory protections. The circumstances surrounding the termination remain important. What If the Termination Is Because of Discrimination? A termination may raise serious legal issues where it is based on a prohibited or unlawful reason. An employee who believes that their employment was terminated because of an unlawful discriminatory or otherwise prohibited reason should obtain legal advice promptly. The available remedies will depend on the nature of the employment and the circumstances of the case. What If the Employer Does Not Pay Salary or Other Entitlements? Termination of employment does not necessarily extinguish amounts that were already lawfully due to the employee. Depending on the circumstances, an employee may have claims relating to: Unpaid salary. Payment in lieu of notice. Accrued contractual benefits. Other sums due under the employment relationship. The employee should obtain advice on the particular terms of the employment contract and applicable law. What Should You Do If You Are Sacked Without Notice? If your employment has been terminated without notice, avoid making assumptions about your legal position. Instead: Obtain your employment contract and relevant employment documents. Request or retain the termination or dismissal letter. Determine the reason given for the termination. Check the applicable notice provisions. Determine whether payment in lieu of notice is applicable. Preserve relevant communications and evidence. Seek legal advice before signing any settlement or waiver. Acting promptly can help preserve important evidence and legal options. Can an Employee Sue an Employer for Wrongful Termination? Potentially, yes. Where an employer terminates employment in breach of the applicable contract or law, an employee may have a claim for wrongful termination or another appropriate remedy, depending on the circumstances. However, the mere fact that an employee considers a termination unfair does not automatically mean that a successful legal claim exists. The employee’s contract, the circumstances of the termination and the applicable legal framework must be examined. What Remedies May Be Available? The remedy available to an employee depends on the nature of the employment and
Can an Employer Lawfully Terminate Your Employment in Nigeria?
Losing a job can be financially and emotionally challenging. When an employer terminates an employee’s appointment, many people immediately assume the termination is unlawful. Others believe an employer can dismiss an employee at any time without following any legal process. The legal position is more nuanced. In Nigeria, employers generally have the right to terminate employment, but that right must be exercised in accordance with the employment contract, applicable labour laws, and, in some cases, constitutional or statutory provisions. Understanding can an employer lawfully terminate your employment in Nigeria will help both employers and employees appreciate their rights and obligations when an employment relationship comes to an end. What Is Termination of Employment? Termination of employment is the lawful bringing to an end of an employment relationship by either the employer or the employee. Termination may occur through: Notice by either party. Payment in lieu of notice, where permitted. Expiration of a fixed-term contract. Mutual agreement. Redundancy. Retirement. Other lawful means recognised by law. Termination should be distinguished from dismissal, which may have different legal consequences depending on the circumstances. Can an Employer Terminate Employment? Yes. As a general rule, an employer may terminate an employee’s appointment, provided the termination complies with: The employment contract. Applicable labour legislation. Any relevant collective agreement. The rules governing employment with statutory flavour, where applicable. Failure to comply with these requirements may expose the employer to legal liability. What Is Wrongful Termination? Wrongful termination generally occurs where an employer fails to comply with the terms of the employment contract or the applicable law when ending the employment relationship. Examples may include: Failure to give the required notice. Failure to pay salary in lieu of notice where applicable. Breach of contractual disciplinary procedures. Failure to comply with statutory procedures applicable to the employment. Whether a termination is wrongful depends on the facts of each case. What Is Employment with Statutory Flavour? Some employments are governed not only by contract but also by specific statutes or regulations. These are commonly referred to as employments with statutory flavour. In such cases, the employer must comply with the procedures prescribed by the applicable statute before terminating the employment. Failure to do so may have different legal consequences from those applicable to ordinary master-servant employment. Must an Employer Give Reasons for Termination? The answer depends on the nature of the employment and the applicable legal framework. In many ordinary employment relationships, an employer may terminate employment in accordance with the contract. However, where statutory provisions, constitutional safeguards, or the nature of the employment require justification or adherence to specified procedures, the employer must comply with those requirements. Legal advice should therefore be sought before reaching a conclusion in any particular case. What Are an Employee’s Rights? Depending on the circumstances, an employee may be entitled to: Notice of termination or payment in lieu, where applicable. Outstanding salary and benefits. Accrued contractual entitlements. Fair disciplinary procedures where required. Access to legal remedies if the termination is unlawful. The exact rights depend on the employment contract and the applicable law. What Should You Do If You Believe Your Employment Was Wrongfully Terminated? If you believe your employment was terminated unlawfully: Read your employment contract carefully. Obtain copies of all relevant employment documents. Keep records of correspondence with your employer. Avoid making inflammatory statements on social media. Seek legal advice promptly. Explore settlement where appropriate. Commence legal proceedings where necessary and legally justified. Early legal advice can help preserve your rights. Common Mistakes Employees Make Employees sometimes: Ignore the terms of their employment contract. Resign without understanding their legal position. Sign settlement agreements without legal advice. Delay taking legal action. Fail to preserve relevant evidence. Avoiding these mistakes may strengthen your position. Why Legal Advice Is Important Employment disputes often involve complex contractual and statutory issues. A lawyer can assist by: Reviewing the employment contract. Assessing whether the termination complied with the law. Negotiating with the employer. Advising on available remedies. Representing clients in employment disputes before the appropriate court. Obtaining legal advice early can prevent costly mistakes. How Lexforte Attorneys Can Help At Lexforte Attorneys, we advise and represent both employers and employees on a wide range of employment law matters. Our services include: Employment contract review. Wrongful termination claims. Workplace disciplinary matters. Employment dispute resolution. Negotiation and settlement. Court representation. We are committed to providing practical legal solutions that protect our clients’ rights and commercial interests. Conclusion Whether an employer can lawfully terminate employment in Nigeria depends on the employment contract, the applicable law, and the circumstances of the case. While employers generally have the right to terminate employment, that right is not unlimited. If you believe your employment has been terminated unlawfully, obtain legal advice before taking further steps. Understanding your rights and obligations is the first step towards resolving an employment dispute effectively. Need advice on an employment dispute? Contact Lexforte Attorneys for experienced legal guidance on wrongful termination, employment contracts, and workplace disputes.