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The short answer
No Nigerian law names a particular day of the month for salaries. The Labour Act says wages become due at the end of each agreed pay period and, where pay is monthly or longer, at intervals of no more than one month, so the payday in the contract is the legal due date and paying after it is a breach.
What the Labour Act says
Three provisions together answer the question for workers covered by the Act:
- Section 15: wages "become due and payable at the end of each period for which the contract is expressed to subsist", whether daily, weekly or another agreed period, and where the period is longer than a month, wages must still be paid at intervals of no more than one month.
- Section 9(4): no contract may provide for wages at intervals longer than one month unless the State Authority has given written consent.
- Section 7: the written statement of terms, due within three months of starting, must state the rate of wages, how they are calculated, and "the manner and periodicity of payment".
So the law sets the outer limit (monthly) and the contract sets the day. If the contract says salary is paid on the last working day of the month, that is the due date. If the contract is silent, monthly pay is due at the end of each month of service.
Is paying on the 5th of next month lawful?
It depends on the contract. A clause saying "salary for each month is paid by the 5th of the following month" sets the 5th as the due date, and because the interval between paydays stays at a month, it fits section 15. What is not lawful is quietly drifting: paying on the 28th one month, the 10th of the next and the 20th after that. Each late payment is a breach, and repeated delay gives staff a strong complaint.
Related rules employers miss
- Final pay: on termination, all wages payable in money must be paid on or before the expiry of the notice period (section 11(7)).
- Advances: an advance cannot exceed one month's wages and must be recovered over at least three months, without interest (section 4).
- Form of payment: wages are paid in legal tender or, with the worker's prior written consent, by cheque or postal order (section 1). Bank transfer is how most Nigerian payroll works today; put the worker's consent to it in the contract.
- Place: wages may not be paid in premises used for selling alcohol or for retail sale, except to staff who work there (section 3).
What staff can do when salary is late
- Raise it in writing with HR or the owner, stating the months and amounts outstanding. A dated record matters later.
- Use internal grievance steps in the handbook, if there are any.
- Contact an authorised labour officer through the ministry responsible for labour. Under section 78, an authorised labour officer can direct an employer to remedy a contravention within a set period, and section 77 requires officers to keep the source of a complaint confidential.
- Go to court. The Act's complaints procedure in section 81 lets either party complain where the other "neglects or refuses to fulfil a contract". Since the Third Alteration to the Constitution in 2010, labour and employment matters are heard by the National Industrial Court.
Employees who stop working while unpaid should take advice first: walking out can be treated as abandoning the job. For the employer side, see what happens when a business owes staff salaries.
Example: setting a payday that cash flow can meet
Example only. A distributor collects most invoices between the 1st and the 10th. Paying on the 25th means borrowing every month; paying on the 3rd of the following month for the previous month's work keeps the monthly interval, fits the cash cycle and, written into the contract, is the legal due date. The change must be agreed with existing staff, in writing, with the first month bridged so nobody waits more than a month. A 13-week cash flow forecast shows whether the new date is safe.
If the business cannot pay on the due date
Employers in cash difficulty usually make things worse by staying silent. If salary will be late, tell staff before payday, in writing, how much will be paid and when the balance will follow. Pay part rather than nothing where you can, and pay the lowest-paid staff first, since they have the least buffer. Keep PAYE and pension remittances going on what is paid, because penalties on those run separately from any salary dispute. A short, candid note and a date that is then met will keep most teams; a series of missed promises will not, and it gives staff a documented trail for any complaint to a labour officer or the court.
Where Pryme fits
With Pryme payroll, you can schedule salaries for the contractual date from a Pryme Business Account. The Finance agent checks the balance ahead of payday and prepares the run; a person approves above the ceiling you set, and the record of when each salary left is kept.
Questions people ask
What is the legal date for salary payment in Nigeria?
There is no fixed statutory date. The contract sets the payday, and the Labour Act requires monthly pay at intervals of no more than one month.
What can I do if my employer pays salary late?
Complain in writing, use internal grievance steps, contact a labour officer, and if needed take a claim to the National Industrial Court.
Can my employer pay salary every two months?
Not for covered workers without the State Authority's written consent. Section 9(4) of the Labour Act caps the interval at one month.
When must final salary be paid after resigning?
Under section 11(7), all wages due must be paid on or before the end of the notice period.
Sources
- Labour Act (Chapter 198 LFN 1990, now Cap L1 LFN 2004), full text · accessed Oct 2026
- Templars ThoughtLab: Is termination of employment without reason still valid in Nigeria? (20 Jun 2023) · accessed Oct 2026
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