Daily Law Tips (Tip 407) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
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WHEN IS IT ILLEGAL FOR A WORKER TO DEMAND OR BE PAID “SALARY ADVANCE”.
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.
My authorities are sections 4(1), (2) and (3), 91 and 92 of the Labour Act, 1971.
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