Hi in accordance with the Nigerian Labour act and other legal demands binding employee-employer relation, if I’m unable by reason of urgency to tender the required notice of resignation, let’s assume a month notice, and I’m demanded to pay one month salary, please is it my basic salary or gross salary I need to pay? I need an urgent reply please and if possible with clear statement of the law backing your answer. Thank you
Thank you for your question.
As you might be aware, we are not a law firm and cannot give specific legal advice about your circumstances. All we can do is explain what the law says on a particular issue. With respect to payment of salary in lieu of notice, there is no specific legislation which covers this, and the law is that the terms of your Employment Agreement is what you will be bound by. Therefore, you should read the terms of your agreement in order to find out what the process for resigning without due notice being given.
With respect to your other question, whether it is your basic salary or gross salary will depend on what deductions are made out of your salary on a regular basis. Once again there is no specific law governing this in Nigeria and so the approach you adopt would be a practical one based on the general principles of law on equity and fairness.
We hope you have found this information helpful. Please note that this information is provided for general informational purposes only and is not intended to be legal advice. No lawyer-client relationship is formed nor should any such relationship be implied. It is not intended to substitute for the advice of a qualified lawyer. If you require legal advice, please consult with a qualified lawyer.