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Extraordinary 
  
Federal Republic of Nigeria 
Official Gazette 
No. 62 Lagos - 23rd April, 2019 Vol. 106 
  
  
Government Notice No. 138 
The following is published as supplement to this Gazerre : 
Sy: 
Act No. Short Title Page 
8 National Minimum Wage Act, 2019. = re A?11-220 
  
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FGP 75/072020/550 
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A 211 
NATIONAL MINIMUM WAGE ACT, 2019 
  
ARRANGEMENT OF SECTIONS 
Section : 
WN 
FSO 
RPI 
DAR 
wN 
> 
es 
Objective of this Act. 
Application. 
Employer to pay minimum wage. 
Exemptions. 
Establishment of Tripartite Committee on National Minimum Wage. 
Composition of the Tripartite Committee. 
Powers of Tripartite Committee. 
Meetings of the Tripartite Committee. 
Employer's obligations in respect of minimum wage. 
Employers to keep records. 
Officers and their powers. 
Monitoring and compliance. 
Enforcement. 
Offences by an agent. 
Other offences and penalties. 
Repeal and savings provisions. 
Interpretation. 
Citation.
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& 
A213 
NATIONAL MINIMUM WAGE ACT, 2019 
ACT No. 8 
AN ACT TO REPEAL THE NATIONAL MINIMUM WaGE Act, Cap. N61]. Laws OF 
THE FEDERATION OF NIGERIA, 2004 AND ENACT THE National MinimuM Wace 
Act, 2019 To Prescripe A NATIONAL MINIMUM WAGE FOR WORKERS ; 
AND FOR RELATED MatTTERS. 
[18th Day of April, 2019] —Commence- 
ment. 
Enactep by the National Assembly of the Federal Republic of Nigeria— 
1. This Act is to prescribe the national minimum wage and provide fora  Qbjective of legal framework for a seamless review of the national minimum wage within _ this Act the period specified under this Act. 
2. This Act applies throughout the Federal Republic of Nigeria. Application. 
3.—(1) Every employer shall pay a national minimum wage ofnotless  Emplover 
than N30,000.00 per month to every worker under his establishment, except to pay 
as otherwise provided under this Act. minimum 
wage. (2) The national minimum wage shall be the minimum total amount of money an employer of labour is required to pay the lowest paid worker or employee monthly in his establishment. 
(3) Any agreement for the payment of wages less than the national 
minimum wage is void. 
(4) The national minimum wage expires after five years, and it shall be reviewed in line with the provisions of this Act. 
4.—(1) Section 3 (1) does not apply to— Exemptions. 
(a) an establishment in which workers are employed or paid on— 
(7) part-time basis, and 
(ji) commission or piece-rate ; 
(5) an establishment employing less than 25 persons ; 
(c) workers in seasonal employment like agriculture ; and 
(d) any person employed ina vessel or aircraft to which the laws regulating 
merchant shipping or civil aviation apply. 
(2) The Minister of Labour and Employment shall, through the National 
Labour Advisory Council and by order published in the Federal Government 
Gazette, grant other exemptions as he deems necessary in the interest of the
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National Minimum Wage Act, 2019 2019 No.8 A 25 
(2) The membership listed under subsection (1) may be expanded by the appointment of additional members, on the recommendation by the Minister of Labour and Employment, to the President. 
7. The Tripartite Committee shall have all the powers to make Powers of recommendations on the national minimum wage. more especially toexercise — Tripartite 
Commanitter. the powers of review given under section 3 (4) of this Act. 
8. The meeting of the Tripartite Committee shall be convened by the Chairman, as may be expedient but not later than six months to the expiration of the existing national minimum wage, to consider a new national minimum wage, the proceedings and other supplementary provisions relating to the Tripartite Committee shall be decided by its members. 
9.—(1) An employer shall pay to the workers a wage not less than the national minimum wage, subject to statutory deductions. 
(2) Any employer who fails to comply with subsection (1), commits an offence and is liable on conviction to pay— 
(a) a fine not exceeding 5% of the offenders monthly wage : 
(0) all outstanding arrears of the workers? wages ; and 
(c) an additional penalty of not less than the prevailing Central Bank of Nigeria lending rate on the wages owed. for each month of continuing violation, provided that the power to order payment on account of wages under subsection (2) shall not derogate from the right of the worker to recover wages due to him by any other proceeding in a court of competent Jurisdiction. 
10.—(1) An employer shall keep such records of wages or conditions of employment as are necessary to show that the provisions of this Act are being complied with in respect of workers in his employment and to retain the records for three years after the period to which they refer. 
(2) Any employer who fails to comply with subsection (1), commits an offence and is liable on conviction to— 
(a) a fine not exceeding N75,000.00 ; and 
(5) an additional penalty not exceeding N10,000.00 for each day the offence continues. 
11.—(1) The Minister of Labour and Employment may authorise any officer in the Civil Service of the Federation to act for the purpose of this Act, and every authorised labour officer within the meaning of the Labour Act is deemed to have been authorised. 
Meetings of 
the 
Tripartite 
Commitee. 
Emplover’s 
obligations 
Im respect of 
minarmTT: 
waee_ 
Emplevers 
to keep 
records. 
Offficers and 
their 
powers. 
Cap. Li. 
LFN_ 2004.
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A 24 2019 No. 8 National Minimum Wage Act, 2019 
  
Establisiiment 
of Tripartite 
Commitee 
on National 
Minimum 
Waee. 
Composition 
of the 
Tripartite 
Committee. 
national economy. taking into consideration reports from National Salaries. 
Incomes and Wages Commission or such other body that may make 
representation for exemption. 
5.11) There is established the Tripartite Committee en National 
Minimum Wage (in this Act referred to as “the Tripartite Committee’) 
consisting of representatives of Government, organised labour and private 
sector. on equal representation. 
(2) The Secretariat of the Tripartite Committee shall be domiciled in the 
National Salaries. Income and Wages Commission. 
6.—(1) The Tripartite Committee as constituted shall be appointed by 
the President and shall consist of— 
(a) a chairman : 
(Bb) a secretary : 
(c) a representative each of— 
(i) the Secretary to the Government of the Federation, 
(ii) Head of Civil Service of the Federation, 
(iii) Minister of Labour and Employment, 
(iv) Minister of Finance, 
(v) Minister of Budget and National Planning. 
(vi) the Executive Chairman, National Salaries, Income and Wages 
Commission, and 
(d) a Governor from each of the six geo-political zones to be neminated 
by the Governors from that zone ; 
(c) a representative each of the organised labour from— 
(i) Nigeria Labour Congress, 
(ii) Trade Union Congress, and 
(iii) any labour centre that may be registered in accordance with the 
labour laws : and 
(f) a representative each from— 
(i) Nigeria Employer's Consultative Association, 
(if) Manufacturers Association of Ni geria, 
(iii) Nigeria Association of Chambers of Commerce, Industry, Mines 
and Agriculture. 
(iv) Nigeria Association of Small and Medium Enterprises, and 
(v) any such employers group that may be registered in accordance 
with the labour laws.
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A 216 2019 No. 8 National Minimum Wage Act, 2019 
  
Monitoring 
and 
compliance. 
Cap. LI. 
LFN. 2004. 
Cap. N72. 
LFN. 2004. 
(2) Every authorised officer shall be furnished with a letter of authority 
and identification when visiting an employer’s premises for the purposes of 
this Act and shall, if so required, produce both documents to the employer or 
other person holding a responsible position of management at the said premises. 
(3) An authorised officer may— 
(a) require the production by an emplover of wages sheets payroll. other 
records of wages and records of conditions of employment. inspect and 
examine them and copy any part ; 
(b) order any person or body of persons found to have contravened any 
of the provisions of this Act to take remedial action within a specified period 
of time ; and 
(c) make recommendation for the prosecution of any person who 
contravenes the provisions of this Act. 
(4) An officer who is authorised in that behalf by general or special 
directions of the Minister may, if it appears to him that a sum is due from an 
employer to a worker to whom this Act applies or to a person who has been a 
worker on account of the payment to him of wages less than the national! 
minimum wage, institute, on behalf and in the name of that worker or person, 
civil proceedings for the recovery of that sum, and in any proceeding. the 
court may make an order for the payment of costs by the authorised officer as 
if he were a party to the proceedings. 
(5) The power given under subsection (4) for the recovery of a sum due 
from an employer to a worker or former worker shall not derogate from any 
right to recover that sum by civil proceedings. 
12.—(1) The Ministry of Labour and Employment and National Salaries, 
Incomes and Wages Commission shall collaborate to monitor the 
implementation of the national minimum wage in line with the provisions of the 
Labour Act and National Salaries, Incomes and Wages Commission Act. 
(2) Any report of non-compliance with the provisions of this Act 
discovered by the authorised officer upon routine inspection shall be forwarded 
to the Minister of Labour and Employment and copied to labour centres and 
employment associations. 
(3) The Minister of Labour and Employment shall. upon receipt of such 
report, activate the machinery for enforcing compliance to redress the breach 
within 30 working days. 
(4) Monitoring of compliance with this Act shall commence six months 
after the commencement of this Act.
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National Minimum Wage Act, 2019 2019 No. 8 A 219 
  
(f) furnishes any information to any authorised officer in the exercise 
of his powers under this Act, knowing the information to be false. 
16.—(1) The National Minimum Wage Act, Cap. N61, Laws of the Repeal and 
Federation of Nigeria, 2004 is repealed. savings 
. provisions. 
(2) Without prejudice to section 6 of the Interpretation Act and 
notwithstanding the repeal of the enactment specified under subsection (1 )}— 
(a) proceedings may be taken on any offence committed under the 
repealed Act, in the same manner as if the offence has been committed 
under the corresponding provisions of this Act : and 
(6) any proceeding or cause of action pending or existing immediately 
before the commencement of this Act, by or against any person or body 
arising from the repealed Act in respect of rights. interest, obligations or 
liabilities of that person or body may be continued or commenced, and any 
determination of a court, tribunal or other authority or person may be enforced 
to the same extent that any proceeding, cause of action or determination 
would have been continued, commenced or enforced if this Act had not 
been made. 
17. In this Act— Interpretation. 
“authorised officer” means an officer in the Public Service of the 
Federation authorised or deemed to have been authorised to act for the 
purpose of this Act : 
“authorised labour officer” means any public officer serving in a 
Ministry or Department for which the Minister of Labour and Employment 
is responsible, and with the consent of the state authority, any officer in the 
public service of the state, for the purposes of this Act : 
“employer” means any person who has entered into a contract of 
employment to employ any other person as a worker either for himself or for 
the service of any other person, and includes the agent, manager or factor of 
employer and the personal representative of a deceased employer : 
“Minister of Labour and Employment” means the Minister responsible 
for labour matters ; 
“Minister of Finance” means the Minister responsible for finance : 
“Minister of Budget and National Planning” means the Minister 
responsible for budget ; 
“National Minimum Wage” means the national minimum wage 
prescribed under section 3 (1) of this Act : 
“part-time work” means work of a duration shorter than those for 
comparable full-time work in a sector or occupation :
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National Minimum Wage Act, 2019 2019 No. 8 
13. The national minimum wage may be enforced by the aggrieved 
worker, trade unions and Minister of Labour and Employment as follows— 
(a) a worker who is paid an amount less than the national minimum 
wage is contractually entitled to whichever is the higher amount of the 
>» difference between his pay and the amount of the national minimum wage 
that he should have been paid ; 
(b) the worker has the right to take his case directly to the National 
Industrial Court, or may file a formal complaint with the Minister of Labour 
and Employment ; ve sows. 
(c) trade unions may demand for compliance with the provisions of this 
Act, on behalf of their members and shall not later than 30 days from the 
receipt of the workers complaint, file the claim to the National Industrial 
Court ; 
(d) where an employer fails to pay the national minimum wage to a 
worker or a group of workers, an authorised officer shall serve a notice of 
enforcement requiring the employer to pay the arrears of the wage to the 
worker named on the notice within 30 days, but the employer is entitled to 
appeal the notice to the Minister of Labour and Employment who shall 
resolve the matter within 30 days of the receipt of the appeal ; 
(e) the notice of enforcement shall state the— 
= (7) amount owed to the worker, 
(i7) period to which the payment applies, and 
(ii) time limit for the payment ; and 
(7) where an employer served with an enforcement notice fails, in whole 
or in part, to comply with the notice, the matter shall be referred to the 
National Industrial Court. 
14.—{1) Where an offence under this Act is committed by an agent of 
the employer or some other person, that agent or other person is liable to be 
proceeded against for the offence in the same manner as if he were the 
employer. 
ry (2) An employer who is charged with an offence under this Act is entitled 
to prove that— 
(a) the offence was due to the act or default of another person ; or 
(b) he has used all due diligence to ensure that this Act is complied with. 
A217 
Enforcement. 
Offences by 
an agent.
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A 218 2019 No. 8 National Minimum Wage Act. 2019 
  
Other 
offences and 
penalties. 
(3) Where a defendant seeks to avail himself the defense under sub- 
section (2)}— 
(a) the prosecution and person whom the defendant charges with the 
offence shall have the right to— 
(/) cross-examine the defendant if he gives evidence. and any witness 
called by him in support of his plea. and 
(ii) call rebutting evidence : and 
(5) the court may make such order as it deems fit for the payment of the 
costs by any party to the proceedings. other than the prosecution. or to any 
other party thereto. 
(4) Where it appears to an authorised officer that an offence has 
been committed in respect of which proceedings might be taken under this 
Act against an employer, and the authorised officer is reasonably satisfied 
that the offence of which complaint is made was due to an act or default 
of some other person and that the employer could establish a defence 
under subsection (2), the authorised officer may make recommendation 
for proceedings to be taken against that other person, and in such 
proceedings, the defendant may be charged with the offence and, on proof 
that the offence was due to his act or default. be convicted for the offence 
for which the employer might have been charged. 
15. A person commits an offence and Is liable on conviction to a fine not 
exceeding N250.000.00 or imprisonment for a term not exceeding six months 
or both, where the person— 
(a) refuses or neglects to furnish the means required by an authorised 
officer as being necessary for any entry in the exercise of his powers 
under this Act ; 
(6) hinders any authorised officer in the exercise of his powers under 
this Act ; 
(c) refuses or neglects to produce any document or give any information 
which an authorised officer, in the exercise of his powers under this Act. 
requires him to produce or give ; 
(d@) makes or causes to be made, or knowingly allows to be made, any 
wages sheet, record of wages or record of conditions of employment which 
is false ; 
(e) produces or causes to be produced, or knowingly allows to be 
produced, any wages sheet or record to an authorised officer, in the 
exercise of his powers under this Act, knowing the wages sheet or 
record to be false ; or
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A 220 2019 No. 8 National Minimum Wage Act, 2019 
  
“niece-rate” means any type of employment in which a worker is paid 
according to the quantity produced regardless of time : 
“wage” means remuneration or earnings (however designated or 
calculated) capable of being expressed in terms of money fixed by mutual 
agreement or by law which is payable by virtue of a contact by an emplover 
for work done or to be done for service rendered ; and 
“yorker” means any person who has entered into or works under a 
contract with an employer whether contract is for manual labour, clerical 
work, is expressed or implied, oral or written, and whether it is a contract 
of service or a contract personally to execute any work or labour, but excludes 
the exemptions contained in this Act. 
Citation. 18. This Act may be cited as the National Minimum Wage Act, 2019._ 
I certify, in accordance with Section 2 (1) of the Acts Authentication Act, 
Cap. A2, Laws of the Federation of Nigeria 2004, that this is a true copy of 
the Bill passed by both Houses of the National Assembly. 
MOHAMMED ATABA SANI-OMOLGRI 
Clerk to the National Assembly 
26th Day of March, 2019. 
ExpLANATORY MEMORANDUM 
This Act repeals the National Minimum Wage Act Cap. N61, Laws of 
the Federation of Nigeria, 2004 and enact the National Minimum Wage Act, 
2019 to prescribe a national minimum wage and provide a legal framework 
for seamless review of the national minimum wage.
PAGE 11
SCHEDULE TO THE NATIONAL MINIMUM WAGE BILL, 2019 
  
(1) 
Short Title 
of the Bill 
(2) 
Long Title of the 
Bill 
“(2 ) (4) (5) 
Summary of the Date Passed by Date Passed by 
Contents of the Bill the Senate the House of 
Representatives 
  
National 
Minimum 
Wage Bill, 
2019. 
AnAct to repeal the National 
Minimum Wage Act, Cap 
N61, Laws of the Federation 
of Nigeria, 2004 and enact 
the national Minimum Wage 
Act, 2019 to prescribe a 
national minimum wage for 
workers ; and for related 
matters. 
  
This Bill repeal the National Minimum 19th March, 2019. 29th January, 2019. 
Wage Act, Cap N61, Laws of the 
Federation of Nigeria, 2004 and enact 
the national Minimum Wage Act, 2019 
to prescribe a national minimum and 
provide a legal framework for seamless 
review of the national minimum wage. 
    
    
| certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be 
true and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap. A2, Laws of 
the Federation of Nigeria, 2004. 
1 ASSENT 
MOHAMMED ATABA SANI-FOMOLORI 
Clerk to the National Assembly 
26th Day of March, 2019 
MUHAMMADU BUHARI, GCFR 
President of the Federal Republic of Nigeria 
18th Day of April, 2019