Start with a paper trail, send a written demand, and escalate to the Ministry of Labour or the National Industrial Court if you must: Nigerian law gives you more protection than most employees realise, but evidence and timing decide how far it goes.

Last updated: 30 October 2026

It is the last working day of the month and no alert has come. You ask politely. "Finance is working on it." Next week it becomes "the client has not paid us yet." By the second month, you are borrowing for transport and wondering whether asking again will cost you the job you are still waiting to be paid for.

This is not a rare story. In February 2026, eight federal civil service unions gave the Federal Government a deadline to release three months of unpaid wage awards and other allowances, and warned of industrial action if it was missed (Radio Nigeria Ibadan). In the private sector, a January 2026 Foundation for Investigative Journalism report documented workers left without pay for months, including staff of a tech company who said they did not receive two months of salary despite repeated promises (FIJ).

So what should you actually do? The answer depends on what kind of non-payment you are facing, what the law says, and how quickly you act.

First, Work Out What Kind of "Not Paid" You Are Facing

Before you write to anyone, decide which of these four situations fits.

Delayed pay. The salary is late but still being paid, with apologies. This is a breach of your contract, but the response is usually a firm written reminder.

Reduced pay. You are paid part of your salary, often with a reason such as missed targets or "company difficulties."

Disputed pay. The employer says you owe the company something, or that part of your pay was conditional on a target.

Refused pay. You worked, you were not paid, and the employer has stopped engaging.

The distinction matters because Nigerian courts treat fixed salary differently from commission and bonuses. A Lawrit Journal of Law analysis of recent National Industrial Court (NICN) decisions explains that an employer may set targets and may withhold a genuine performance bonus if the contract conditions it on those targets, but that does not automatically allow it to withhold a fixed salary that has already been earned (Lawrit Journal of Law). The same piece summarises several cases:

Salary cut for missed targets. In Imosemi Churchill v Radix Trustees Ltd (May 2026), the employer reduced a monthly salary of ₦160,000 to ₦96,000 for four months. The court ordered the unpaid balance of ₦200,000, plus ₦200,000 in damages for constructive termination and ₦200,000 in costs (Lawrit).

Half salary withheld for 17 months. In Olusoga v Grosvenor Integrated Shirts Ltd (2019), the court ordered payment of ₦1,275,000 in withheld salary because the fixed salary was not expressly conditional on targets. It dismissed a separate ₦2 million commission claim because the employee had not proved the entitlement (Lawrit).

Salary held back over alleged debts. In Odey v Blueprint Newspaper Ltd (2025), the court rejected an employer's attempt to justify non-payment by pointing to alleged outstanding advertising debts linked to the employee's work (Lawrit).

The lesson is blunt: what your contract actually promised decides what you can recover, and what you can prove decides what you will recover.

What Nigerian Law Says

The Labour Act has wage-protection rules. It restricts deductions from wages unless the Act or another law permits them, and it deals with when wages must be paid, so an employer cannot simply postpone payment indefinitely because revenue is low (Lawrit). Commentary on the Act notes that a contract should not provide for payment at intervals longer than a month (Techpoint Africa), and the employer must give you a written statement of your terms, including your wage rate and how often you will be paid, within three months of starting (WageIndicator).

Two points of context matter.

The Labour Act does not cover everyone, but the court does. The Act applies mainly to manual and clerical workers. Where it does not cover the field, the NICN falls back on the employment contract, international standards and best practice, and the court has a reputation for frowning on unfair labour practice (Lexology). So a manager or professional who is outside the Act still has a route, usually built on the contract.

The court takes withheld salary seriously. The NICN has declared the withholding of salary arrears an unfair labour practice and awarded damages against the employer (NICN). Under Section 254C of the Constitution, the NICN has jurisdiction over employment and labour disputes (Lawrit).

One weakness is worth knowing. FIJ reports that because the Labour Act has not been amended, some offences such as illegal deductions still carry fines as low as ₦800 (FIJ). That is why the realistic remedy is usually a civil claim for your arrears, not hoping a criminal penalty will frighten the employer.

A Step-by-Step Plan

Step 1: Follow up in writing, politely. Replace phone calls and corridor conversations with a short email or message to HR and your manager: "I have not received my salary for [month]. Please confirm the payment date." A written record makes later steps much stronger.

Step 2: Build your evidence file now. Lawrit recommends preserving your employment letter, payslips, bank statements, performance reviews, emails and any message explaining why salary was withheld (Lawrit). Back everything up outside your work email and work laptop, because access can disappear without warning. Then calculate exactly what you are owed: unpaid salary, unpaid allowances or bonuses, and accrued leave pay (SettleMe). In one NICN case, an ex-employee's claim for overtime and bonuses failed because he did not place evidence before the court (NICN).

Step 3: Send a formal demand letter. Legal guides suggest stating who you are, the exact amount owed, a payment deadline of at least seven days (14 is better), and that you will involve lawyers if it is not met, sent by courier with proof of delivery (LawPadi). A short version:

"I am writing about unpaid salary for [months], totalling ₦[amount], under my employment contract dated [date]. Please pay this in full by [date, 14 days]. If it is not paid, I will take the steps available to me under Nigerian law."

Step 4: Escalate inside the company and through your union. Write to the head of HR or the managing director, and involve your union if you belong to one. Practitioners note that the Nigeria Labour Congress or the Trade Union Congress can add pressure on an employer where there is a union presence (Eko Solicitors).

Step 5: Report to the Ministry of Labour. If the deadline passes, you can take your contract, demand letter and any responses to the Ministry of Labour (LawPadi), which may mediate. This is often cheaper and faster than court, though results vary by state office.

Step 6: File at the National Industrial Court. Employment claims go to the NICN, and a judge can refer a case to the court's Alternative Dispute Resolution Centre for mediation, conciliation or arbitration (Mondaq). Get a lawyer, because the claim must be framed correctly: arrears, damages and costs, as in the Imosemi case above. Do not sit on it. A Lagos NICN decision reported by Mondaq held that limitation statutes do not apply to employment disputes (Mondaq), but that is one first-instance decision, and claims against public bodies can face different time limits. Treat speed as your friend.

Should You Keep Working, Stop or Resign?

This is the hardest decision, and the law punishes hesitation more than people expect.

In Olayanju v Global Mercantile and Corporate Logistics Ltd (February 2025), the NICN found that non-payment of salaries and allowances was a fundamental breach of the employment contract. Commentators drew three lessons: an employee who believes they have been constructively dismissed over non-payment should act promptly, because continuing to work for months can look like accepting the situation; a constructive dismissal claim is hard to prove if the evidence shows you carried on working for months after pay was withheld; and an employee cannot unilaterally shorten their resignation notice because they are owed salary (Mondaq).

Constructive dismissal is recognised in Nigeria where an employee is forced out by serious breach, and non-payment or reduction of salary is one of the conduct examples commentators give (Mondaq). The same article stresses the employee must resign in response to the breach, and merely complaining while carrying on does not suffice. In practice that means:

Decide on a timeline. Give your employer a clear written deadline, and decide in advance what you will do if it passes.

If you resign, do it properly. Resign in writing and respect the Labour Act notice period unless a lawyer advises otherwise: one day, one week, two weeks or one month depending on your length of service (WageIndicator).

Speak to a lawyer before walking out. Abruptly leaving can hand the employer an argument against you.

Excuses You May Hear, and What They Are Worth

"You missed your targets." Not automatically a defence for fixed salary, as the Imosemi and Olusoga cases show. It may matter for commission or bonuses, depending on your contract.

"The company is struggling." Section 15 on payment timing does not create an exception for a weak revenue month, and the court has rejected non-payment justified by unrelated company debts.

"You owe us." Deductions are restricted under Section 5 unless the law permits them. An employer cannot simply net off an alleged debt.

"We will pay when the client pays." Unless your contract genuinely says your pay depends on client payment, this is a business risk the employer carries, not you.

Mistakes to Avoid

Working silently for months. The Olayanju lesson is that delay can weaken your position.

Relying on verbal promises. Move everything into email or messages you can screenshot.

Taking to social media to accuse the company. It feels satisfying and can backfire. Nigerian legal commentary notes that defamation is one route general law offers, and it cuts both ways (Zikoko). Recruiters also check what candidates post, as we explain in Delete This Before Your Next Interview.

Keeping company property as leverage. In one NICN case the firm argued that non-payment of benefits was because the ex-employee had not handed over its property. Hand over properly and keep a signed record.

Signing a settlement or waiver without reading it. Some employers offer part-payment in exchange for you giving up all claims. Be sure you understand what you are waiving before you sign.

Protect Yourself While You Wait

Unpaid does not mean unprepared. Keep your evidence file updated, and quietly keep your options open. Refresh your CV with our guide to 10 CV Mistakes That Cause Instant Rejection, and when you start interviewing, use How Do I Know If I'm Underpaid? to check the market so your next employer pays what the role is worth. If a bad boss is part of the story, see Employees Don't Quit Jobs; They Quit Managers for how to read the warning signs before you join.

If you are a public-sector worker, your leverage is often collective. The February 2026 union ultimatum over wage-award arrears shows how federal workers press claims through their unions (Radio Nigeria Ibadan), so stay close to your union branch.

The Bottom Line

If your employer refuses to pay your salary, you are not powerless, and you should not wait quietly. Document everything, calculate exactly what you are owed, send a written demand, and escalate through the Ministry of Labour or the National Industrial Court with a lawyer's help. Know whether the money is fixed salary or conditional pay, because that changes your case. And decide on a timeline, because the courts do not reward months of silent patience.

Getting paid for work you have already done is not a favour. It is the most basic term of your employment.

This article draws on Nigerian law-firm commentary, National Industrial Court judgments and press releases, Nigerian investigative and press reporting, and legal guides, current as of October 2026. It is general information, not legal advice. The outcome of a wage claim depends on your contract, the evidence you hold, and whether you are covered by the Labour Act or another regime, and we did not independently verify every cited case. Consult a labour lawyer, your union or the Ministry of Labour before acting, and verify any specific figure against its linked source.