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)

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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