When Is It Illegal For A Worker To Demand Or Be Paid “salary Advance

When Is It Illegal For A Worker To Demand Or Be Paid “salary Advance”. Daily Law Tips (Tip 407) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Every worker deserves his wages/salary. A worker can also request for advance payment of all or part of his one month’s salary subject to approval of the employer. Note that, such salary allowance must not be for more than a month’s salary. And, any salary allowance can’t be recovered by an employer until 3 months.
No worker can be paid salary allowance where such worker is already owing a salary allowance and is yet to repay such salary allowance. It is illegal to do so. However, in cases of necessity, a worker can be granted a salary allowance even when such worker is yet to repay earlier salary allowance. Note that this applies to all workers, staff and employees or by whatever description or title in any public or private office/establishment in any part of Nigeria.

References:

Sections 4(1), (2) and (3), 91 and 92 of the Labour Act, 1971.

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Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.

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This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.

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Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Onyekachi Umah is an exceptional Legal Practitioner, Arbitrator, Notary Public and Legal Awareness Expert with over a decade of experience in civil law, criminal law and human rights. He holds a Master of Laws; a Master of Business Administration (mini) and he is a doctoral candidate. Mr Umah is the Managing Partner of the law firm of Bezaleel Chambers International (BCI), where he consults and provides legal services to several national and international organisations, including the United Nations. Aside from his very engaging legal practice, Mr Umah runs a legal awareness organisation (Sabi Law Foundation) and he diligently publishes free daily law tips, every day on www.LearnNigerianLaws.com since 2017. He has published over 820 legal articles in diverse areas of law, delivered over 35 public lectures, anchored over 67 law radio/tv shows and supported several legal and developmental projects across Africa. Click to read more.

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