Section 3: Employer's obligations in respect of minimum wage.

(1) An employer shall pay to the worker a wage not less than the national minimum wage, clear of all deductions (except any deductions required by law or deductions in respect of contributions to provident or pension funds or schemes agreed to by workers and approved by the Minister) and , if the employer fails to do so, he is guilty of an offence and liable on conviction to a fine not exceeding N20,000.00 and in the case of continuing offence to a fine not exceeding N1,000.00 for each day during which the offence continues.
(as amended by the National Minimum Wage Amendment Act, 2011)
(2) On the conviction of an employer under this section of this Act for failing to pay to a worker wages not less than the national minimum wage, the court may make an order that the employer convicted shall pay, in addition to any fine, such sum as appears to the court to be due to the worker on account of wages, the wages being calculated on the basis of the national minimum wage:
Provided that the power to order payment on account of wages under subsection (2) of this section, shall not be in derogation of the right of the worker to recover wages due to him by any other proceedings in a court of competent jurisdiction.