Section 12: Employers' obligations in respect of orders fixing statutory minimum wages or other conditions

(1)
Where any statutory minimum wages have become effective under section 10 of this Act, an employer shall, in cases to which the statutory minimum wages are applicable, pay to the worker wages not less than the statutory minimum wages, 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 the workers and approved by the Governor of the appropriate State); and, if the employer fails to do so, he shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N200 and in the case of a continuing offence to a fine not exceeding N50 for each day or period during which the offence continues.
(2) On the conviction of an employer under this section for failing to pay to a worker wages less than the statutory minimum wages, the court may by the conviction adjudge the employer convicted to 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 statutory minimum wages, but the power to order payment on account of wages under this provision 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.
(3)
Where any statutory minimum condition of employment, not being statutory minimum wages, has become effective under section 10 of this Act, an employer shall, in cases to which the statutory minimum condition is applicable, apply to the worker a condition not less favourable to the worker than the statutory minimum condition; and, if the employer fails to do so, he shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N200 and in the case of a continuing offence to a fine not exceeding N50 for each day or period during which the offence continues.
(4)
On the conviction of an employer under this section for failing to apply to a worker any condition of employment not less favourable to the worker than the statutory minimum condition, the court may by the conviction adjudge the employer convicted to pay, in addition to any fine, such sum by way of compensation as may appear to the court to be due to the worker by reason of the failure, but the power to order the payment of that sum under this provision shall not be in derogation of any right of the worker to recover any such sum as may be due to him by any other proceedings in a court of competent jurisdiction.
(5) Where the immediate employer of any worker to whom any statutory minimum wages or any other statutory condition of employment applies is himself in the employment of some other person and the worker is employed on the premises of that other person, that other person shall, for the purposes of this section, be deemed to be the employer of the worker jointly with the immediate employer.
(6) Any agreement for the payment of wages or the application of any other condition of employment in contravention of the provisions of this section shall be void.