AFOLABI

AFOLABI

…Labour Ministry, NSIWS get power to exempt employers

 

 

As workers anxiously look forward to the commencement of the N70,000 new minimum wage any moment from now, unfortunately not every worker will be paid the new wage.

 
 
 

Who are those that fall below the minimum wage threshold, and why?

Vanguard’s investigation revealed that the Tripartite Committee on the New National Minimum Wage, before it ended its works on June 5, 2024, recommended the categories of workers who are not eligible to receive the minimum wage.

Vanguard’s investigation shows that the 10-man sub-committee of the Tripartite committee comprising the Minister of State for Labour and Employment, Onyejeocha Nkiruka, Governor Mohammed Bago of Niger State, labour leaders, private sector operators, four from National Salaries Incomes and Wages Commission among others, in a report recommended employer with a minimum of 10 employees as against the 25 employees contained in the now repealed 2018 Minimum Wage Act, among other categories of workers exempted from the national minimum wage.

According to the investigation, “the committee after careful considerations, consultation and survey, including reports of the public hearings, as well as to provide the solution to issues and concerns raised, noted that to avoid unreasonable or unfair exclusion of many poor workers from the right to a decent earning, this sub-committee tried to take a different approach to determine who should be exempted.

“Rather than exemption based on capacity to employ, the exemption should be based on revenue or net income, either quarterly or annually. Enforcement mechanisms should be able to access accounts of employer organisations to determine compliance.

“Rather than focus mainly on monthly salary, which is only applicable to government and organised private sector employment, an hourly, daily and weekly minimum wage should be introduced to establishments or businesses that either pay after work or those that may opt to pay weekly, in addition to monthly payment that’s prevalent in organised private sector and the governments. This will take care of part time and piece-rate employees.”

It equally recommended the introduction of flexibility to exemption, by making it possible for organisations to be able to apply for exemption. To encourage startups and entrepreneurship, years of starting business could be factored.

 

Criteria for Exemption

In the opinion of the committee, to qualify for exemption from the mandatory payment of minimum wage, a business must fall under a Nano business(Business managed by 1-3 persons with capital below N50,000) and micro business enterprise, has 10 or a smaller number of employees, startup businesses, legal or statutory exemption and commission contract

Others include establishments that have less than N50-million revenue per quarter or N200 million revenue per annum, organisations with less than 10 staff, establishments of not more than three years in existence, industries which have their staff remuneration and compensation regulated by other Acts of the National Assembly or any other business which the Minister of Labour and Employment or the Executive Chairman of the National Salaries, Incomes and Wages Commission finds to be reasonably justified to be waived or exempted, provided that such waiver shall not be given unless the reason for its application is based on evidence of lower revenue, insolvency, debt crisis or other justification that threaten the existence of the establishment, which shall not apply to governments or their ministries, departments and agencies.

Before arriving at its recommendations, the committee took note of the exemption of workers on seasonal employment such as agricultural farmlands, exemption of any person working in a vessel or aircraft to which laws regulating merchant shipping or civil aviation applies.

The committee also noted that “The formal sector wage pattern: governments, corporate organisations and other organised private sector businesses. The wage pattern in this category is mainly every month. Workers and their employers in this category are usually the focus of the national minimum wage laws.

There is yet, a serious challenge when it comes to coverage of or compliance with, as the case may be, the national minimum wage even amongst this category of employers.

 

Therefore, it is difficult to have an accurate assessment of the pattern either because some establishment shortchanges by strategically avoiding the threshold or, in the case of state governments, refusing to comply with the law.”

It pointed out “the informal sector wage pattern, in which workers do not have any earning yardstick, wages in this sector are multi-dimensional. Compensation and remuneration in this category range from commission, to piece-rate. Some are paid daily after close of business which might be dependent upon daily sales. Some are employed on apprenticeship, to work and learn, while helping to build or grow the business with the agreement to get settlement by taking a share of the business, becoming partners or receiving settlements after some agreed years.

Justification for exemption

The sub-committee considered the rationale, justification and objective for excluding organisations from mandatory compliance with the national minimum wage laws based on the number of their employees.

The sub-committee considered that many organisations with supposedly slim workforces earn multi-billion naira in annual revenue, and yet do not on their own volition find it fair to commensurately compensate their junior staff with an amount above the minimum wage standard.

The sub-committee also found that this idea of exemption is even discouraged by the International Labour Organisation, describing it as unfair to the lowest earners of the society.

 

The sub-committee argues that even if this form of exemption becomes necessary, 25 employees as the baseline for such exemption is unfair and unrealistic.

In the wake of growing hardship in the country and calls for a nationwide protest against President Bola Tinubu’s administration, the Federal Government yesterday pleaded with Nigerians for more time, promising to handle the protest as a ‘’family matter.” 

It also pledged to resolve all issues in a manner that will ensure the peace and stability of the nation.

 

The government’s position came on a day South-East governors advised aggrieved Nigerians not to go ahead with the nationwide protests, saying the country was too tense for such protests.

This is even as the Nigerian Labour Congress, NLC, asked both the federal and state governments to listen to the cries of the people and warned against the use of brute force to suppress the protest.

Similarly, the Minority Caucus in the House of Representatives called on the Federal Government to dialogue with planned protesters to address their concerns, while human rights activist, Femi Falana, SAN, warned the government against threatening organisers of the planned protests.

‘Family matter’

Speaking after a meeting of members of the Federal Executive Council, FEC, at the instance of the Secretary to Government of the Federation, SGF, George Akume, yesterday, the Minister of Information and National Orientation, Mohammed Idris, said in a brief interview: “We came together to discuss. You can see that this is not happening at the council chambers, it is happening in the office of the SGF and many of the ministers are here.

“We have discussed issues of national interest and all of us are working for Nigeria and we hope and believe Nigeria is going to be great again.

“No one is going to sleep. Those who are agitating and asking for protests are Nigerians, they are our brothers, they are our sisters, they are all Nigerians and those in positions of authority – the ministers, the President, everybody, we are all Nigerians too.

“So, this is a family matter. This is a Nigerian family issue and all of us are looking at this issue very well and we hope that peace will prevail at the end of the day.”

 

Asked if the government had been engaging with the stakeholders and organizers of the planned protest, Idris said engagement had always been an ongoing thing.

“This is not a peculiar situation, engagement has been ongoing. The President has met severally with all key stakeholders. I have also been meeting with stakeholders, other government functionaries have also been meeting with other key stakeholders.

“Engagement is going to continue and in the interest of Nigeria, we will continue to engage. We know this is the only country that all of us have and at the end of the day, Nigeria is going to be better for all of us for it,” he stated.

On alleged insistence by some top Nigerians, including a Senior Advocate of Nigeria, SAN, Femi Falana, that the protests must go on, Idris said the senior lawyer is entitled to his opinion in a democracy.

“He (Falana) is an individual. This is a democracy, everyone is entitled to his opinion. The protesters are also Nigerians, this is a democratic situation. What I keep saying is that we are all Nigerians and we are all acting in the interest of Nigeria, but suffice to say that yesterday, (Tuesday) Mr President said there is no need for any protest, let us calm down.

 

“A lot is happening, Nigeria is going to move and march on and we believe that whatever government comes out with will be in the interest of Nigeria. We don’t think there is need for any protest, we are appealing for calm, we are appealing for a peaceful resolution or peaceful approach to any issue.

“If you have anything you want to put out there, you are free to put it out there but government is insisting that we are all Nigerians, we have to be calm, we have to be patient and suffice it to say let us give peace a chance.

“Mr President is working round the clock, his ministers are working, everyone is working, all hands are on deck.

“Like I said yesterday (Tuesday), everyone is listening; we are all listening, the President is listening and he has a message for all Nigerians. That message is that they should all calm down, they should please give the man more time. Everything they asked for, all their pleas will be answered,” he added.

Some of the ministers who attended the meeting include Nyesom Wike (FCT); Yusuf Tuggar (Foreign Affairs); Zephaniah Jisalo (Special Duties); Tahir Mamman (Education); and Abubakar Bagudu (Budget and Planning). 

Others are Wale Edun (Finance); Mohammed Idris (Information); Bello Matawalle (Defence); David Umahi (Works); and the National Security Adviser, NSA, Nuhu Ribadu, among others.

Eni says it has received regulatory approval from the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) for the sale of Nigerian Agip Oil Company Limited (NAOC Ltd) to Oando Plc.

In a statement on Wednesday, Eni said it has received formal consent to finalise the deal.

In September 2023, Oando announced plans to acquire the NAOC, but the deal was delayed due to regulatory approvals required.

On July 3, the NUPRC announced that Oando had completed the acquisition of 100 percent shares of Eni in its subsidiary, NAOC, adding that an announcement was imminent.

Confirming this in the statement, the Italian oil company said it has obtained all other relevant local and regulatory authorities’ authorisations.

“Having already obtained all other relevant local and regulatory authorities’ authorizations, this achievement will allow Eni to proceed to the completion of the transaction for the sale of Nigerian Agip Oil Company Ltd (NAOC Ltd), Eni’s wholly owned subsidiary focusing on onshore oil & gas exploration and production as well as power generation in Nigeria, to Oando PLC, Nigeria’s leading national energy solutions provider, listed on both the Nigerian and Johannesburg Stock Exchange,” the statement reads.

“NAOC Ltd participating interest in SPDC JV (Shell Production Development Company Joint Venture – operator Shell 30%, TotalEnergies 10%, NAOC 5%, NNPC 55%) is not included in the perimeter of the transaction and will be retained in Eni’s portfolio.

“Eni remains committed to the country through investments in deepwater projects and Nigeria LNG.”

The company also said it is developing plans for economic diversification in the country.

This, according to Eni, includes assessing the potential production of agri-feedstock for Enilive biorefineries and various nature- and technology-based projects, such as clean cooking initiatives, to offset emissions.

Meta, parent company of WhatsApp, Facebook, and Instagram, says it has removed 63,000 accounts in Nigeria linked to sextortion scams.

In its report ‘Combating Financial Sextortion Scams From Nigeria’ released on Wednesday, Meta announced the network disruption of two sets of accounts in Nigeria affiliated with ‘yahoo boys’ and involved in financial sextortion scams.

“Following our recent Q1 2024 Adversarial Threat Report, today we are announcing the strategic network disruption of two sets of accounts in Nigeria that were affiliated with Yahoo Boys and were attempting to engage in financial sextortion scams,” Meta said.

“First, we removed around 63,000 accounts in Nigeria that attempted to directly engage in financial sextortion scams.

“These included a smaller coordinated network of around 2,500 accounts that we were able to link to a group of around 20 individuals. They targeted primarily adult men in the US and used fake accounts to mask their identities.

“We found the coordinated network of around 2,500 accounts through a combination of new technical signals we’ve developed to help identify sextorters and in-depth investigations by our expert teams.

“The majority of these accounts had already been detected and disabled by our enforcement systems, and this investigation allowed us to remove the remaining accounts and understand more about the techniques being used to improve our automated detection.”

The company said the investigation revealed that while the majority of these scam attempts were unsuccessful and focused on adults, some accounts targeted minors.

It, however, said these accounts were reported to the National Center for Missing and Exploited Children (NCMEC).

“Since these criminals don’t limit themselves to any one platform, we also share relevant information with other tech companies through the Tech Coalition’s Lantern program, so they can take action too,” it added.

“Applying lessons learned from taking down terrorist groups and coordinated inauthentic behavior, we used our identification of this coordinated network to help us identify more accounts in Nigeria that were attempting to engage in similar sextortion scams, bringing the total to around 63,000 accounts removed.”

Meta said in addition to these accounts, 7,200 assets were removed including 1,300 Facebook accounts, 200 Facebook pages, and 5,700 Facebook groups.

It said these assets were found offering to sell scripts and guides to use when scamming people, and sharing links to collections of photos to use when populating fake accounts.

The company said following this disruption, its systems have been detecting and automatically blocking any attempts by these groups to return, and it is continually enhancing these systems to ensure their effectiveness.

‘META COMMITTED TO INVESTIGATING THESE CRIMES’

Meta reiterated its commitment to ongoing support for law enforcement in investigating and prosecuting these crimes by responding to legitimate legal information requests and notifying authorities if it identifies individuals at immediate risk, in line with its terms of service and relevant laws.

In efforts to prevent such scams, Meta said it has introduced stricter message settings for teens, developed new signals to detect potential sextortion accounts, and started testing an on-device nudity protection feature in Instagram direct messages (DMs), which blurs images with nudity detected as containing nudity and provides safety tips and resources.

Argentina captain, Lionel Messi, has reacted on social media in a shell-shocked manner after his country suffered a dramatic 2-1 defeat against Morocco in their 2024 Paris Olympic opening clash yesterday.

Argentina were down 2-1 when a massive 15-minute injury time was added at the end of 90 minutes.

Cristian Medina looked to have scored a late equalizer to secure a 2-2 draw for La Albiceleste.

However, the game was interrupted as angry Moroccan fans entered the stadium.

The match was temporarily suspended and after almost two hours, a VAR check confirmed that the goal was ruled out because of offside.

The remaining three-plus minutes were played as players re-emerged in an empty stadium.

The match ended 2-1 win in favour of Morocco, sparking a reaction from Messi on social media.

The Inter Miami captain wrote on his Instagram story:

“Insolito (Spanish).” “Unbelievable (English).”

Messi is currently recovering from an ankle injury he sustained during Argentina’s Copa America triumph over Colombia.

The former Barcelona captain is not part of Argentina’s squad at Olympics.

The Arewa Youth Assembly (AYA), Arewa Think Tank (ATT), and Sir Ahmadu Bello Memorial Foundation (ABMF) have backed out of the planned nationwide protest.

In a communiqué read by Muhammad Yakubu, convener of ATT, on Wednesday after a meeting in Kaduna, the groups denounced the protest as “counterproductive” and could lead to violence and the loss of lives.

“We, the youth of the Arewa Youth Assembly, remain steadfast in our commitment to fostering entrepreneurship, advocating for youth development, and promoting peace and progress in our nation,” the communiqué reads.

“We call on all stakeholders, including the government, civil society, and the private sector, to join hands with us in achieving these goals.

 

“We, the youth, firmly resolve to embrace entrepreneurship as a powerful tool to break the cycle of poverty and foster wealth creation in Nigeria.

“We recognise that by developing our entrepreneurial skills and knowledge, we can become self-sustainable and reduce dependence on the government for employment opportunities.”

The groups called on the government to implement measures aimed at developing the knowledge and skills of the youths.

 

They also said the government should prioritise youth development and empowerment as a matter of urgency, both at the national and sub-national levels.

“We urge the federal government to address the prevailing issues of banditry and insurgency effectively by ensuring security and stability,“ the groups added.

“The youth can actively engage in the agricultural sector, which has significant potential for business opportunities and economic growth.

“It is imperative for young people to equip themselves with the necessary tools and adapt to the rapidly evolving global landscape.”

Governors elected on the platform of the All Progressives Congress (APC) have appealed to youths to refrain from joining the planned nationwide protest.

The governors spoke on Wednesday night after a meeting that lasted over two hours in Abuja.

There have been reports that youths are planning a nationwide protest between August 1 and 15 against the rising cost of living and economic hardship in the country.

Briefing journalists at the end of the meeting, Hope Uzodimma, governor of Imo and chairman of the APC Governors Forum, said the federal government is doing everything possible to address the economic hardship in the country.

“Among other things, we are very committed to the support we have given to President Bola Ahmed Tinubu, our president and the leader of our party,” Uzodimma, who was flanked by his colleagues, said.

“And the support of all his economic policies and the reforms he has embarked on.

“We took the opportunity also to agree to explain to the larger Nigerians that this government is doing well.

“We have looked at the various policies of this government, and we acknowledge a teething problem associated with the initial stage of the programme and agree that because we are very hopeful, it is also the solution to the current problem and economic hardship that have befallen our country, and in a very short time, we are confident that the situation would be restored. Prosperity would come at the end of the day.

“We use this opportunity to advise our young boys and girls, young men and women, to desist from being instigated into causing crisis or chaos in the country.

“Already, Nigerians have suffered enough. The global economic recession, insecurity in Nigeria, political tension occasioned by instigations and campaigns of calumny by the opposition party, and social media attacks on various policies of the government.

“We want to advise for the interest of the country and a show of patriotism. Our citizens must take ownership of this country. We have no other country we can call our own.”

The governors said, “it is not wise at this moment” for youths or any group to protest in “whatever guise”.

Netflix, America’s streaming giant, has increased its subscription prices in Nigeria.

This is the second time in 2024 that the company is increasing its monthly subscription fees.

The company had hiked customers’ subscription rates in April.

According to the price update seen by TheCable on the company’s website on Wednesday, customers will now pay N7,000 monthly for the premium plan — up by 40 percent from N5,000.

Also, the streaming platform adjusted the subscription price for its standard plan, a popular option among Nigerian viewers, from N4,000 to N5,500, marking a 37.5 percent increase.

The firm implemented a 21 percent raise on its basic category, jacking up the subscription rate to N3,500 from N2,900.

The rate for the mobile plan — the lowest subscription category — was increased by 83 percent from N1,200 to N2,200.

Although Netflix did not give reasons for the hike, the development comes 17 months after the streaming giant reduced its subscription prices in more than 30 countries.

Some of the countries that benefitted from the gesture include Egypt, Yemen, Jordan, Libya, Iran, Kenya, Croatia, Slovenia, Bulgaria, Nicaragua, Ecuador, Venezuela, Malaysia, Indonesia, Kenya, Vietnam, Thailand, and the Philippines.

Nigerians are currently battling a large-scale economic hardship worsened by the rising cost of living in the country. With the inflation rate rising to 34.18 percent in June, companies are being forced to adjust their processes to remain profitable.

In April, Multichoice Nigeria announced plans to increase the cost of subscriptions for its DStv and GOtv packages. The new rates took effect from May 1.

The pay-TV firm cited the rise in the cost of business operations as the rationale behind the price increase.

The National Counter-Terrorism Centre (NCTC), under the Office of the National Security Adviser (ONSA), says the federal government has resumed mass trial of terrorism suspects.

In a statement on Wednesday, Michael Abu, head of strategic communication at NCTC-ONSA, said the trial would be conducted in line with the international criminal justice system.

Abu said there are at least 300 people on trial, and the five courts and chambers set up for the prompt administration of justice are presided by five judges.

He added that lawyers from the Legal Aid Council of Nigeria were representing the suspects.

“In pursuance of its commitment to promoting social justice by entrenching a transparent administrative system, the federal government has resumed mass trials of persons allegedly involved in terrorism and suspects of other heinous crimes against the Nigerian state,” the statement reads.

“The ongoing trial, which is in line with the international criminal justice system, is being administered by the federal high court of Nigeria, with the complex casework group of the office of the attorney-general of the federation, in collaboration with other critical stakeholders under the coordination and supervision of the national counter-terrorism centre, office of the National Security Adviser.

“More than 300 suspects are on trial with five reputable judges manning the five courts and chambers set up for the speedy administration of justice on the ongoing trial in terrorism and other related cases in the country.

“The trial involves multiple stakeholders, CCG prosecutors, and defence counsel from the Legal Aid Council of Nigeria.

“Before now, over 800 case files have been reviewed, and charges are drafted for efficient prosecution to ensure that justice is appropriately served.

“Between 2017 and 2018, the trials so far resulted in 163 convictions, 882 discharges, and five acquittals.

“Non-culpable suspects are being deradicalised and engaged in profitable ventures, and efforts to reintegrate them are being sustained.

“The NCTC-ONSA is working assiduously with relevant authorities in fulfilling its mandates and boosting the efforts of the incumbent administration towards realising good governance and a just society.”