As the resumed strike by the National Association of Resident Doctors (NARD) enters its second week today, the federal government has invoked the no-work-no-pay rule to force the doctors suspend the action, but to no avail.
Recall that the doctors began the strike last Monday, August 2, asking the government to keep its part of an agreement freely agreed during the last strike; asking for their salaries and allowances and a justified increase in their hazard allowance.
The minister of labour and employment, Dr Chris Ngige, had in an interview on Politics Today, a Channels Television current affairs programme on Friday said the government had communicated its no-work-no-pay position to the leadership of NARD.
It was gathered at the weekend that the federal had mandated all chief medical directors in teaching hospitals across the country to open attendance registers with a view to stopping salaries of doctors taking part in the NARD strike.
It was learnt that the government was hell bent on implementing the no-work-no-pay order by opening attendance register as from today, August 9 and everybody will be paid based on attendance.”
Earlier in a circular marked HMO/LAB/126/!V/226, dated August 5, 2021 and entitled: ‘Law and principles concerning the right to strike’, Ngige had claimed that the subsisting Judgement of the National Industrial Court of Nigeria (NICN) barred the doctors from going on strike as people on essential services.
The circular further claimed that NARD according to the International Labour Organisation (ILO), is classified as essential services and cannot withdraw services without appropriate notice of at least 15 days.
Ngige in the circular which further claimed that NARD had breached Trade Disputes Acts also disclosed that the ministry would be invoking “No work no pay policy”.
“It has been brought to my attention through Media Publications and reports from our State Labour Offices, as well as various Health Institutions nationwide, the unfortunate act of embarking on strike by the Nigerian Association of Resident Doctors (NARD)while Conciliation was still on-going on issues of concern to its members in my Ministry.
“As you are aware, a Memorandum of Action (MoA) was signed between you and your employers, the Federal Ministry of Health and other relevant Government Bodies, in April 2021, and this was further reviewed at a Federal Government and NARD interactive session at my office on July 22, 2021 which was held an your request as further conciliation meeting.
“You are to note that by virtue of the provisions of Section 18 of the Trade Disputes Act. CAP.T8.Laws of the Federation of Nigeria (LFN). 2004, you are prohibited from embarking on strike when a trade dispute has been apprehended by the Honourable Minister of Labour and Employment especially while conciliation is ongoing to resolve the issues in dispute.
“In addition, Section 41 of the Trade Disputes Act enjoins workers in Essential Services to give fifteen (15) days notice before embarking on any form of industrial action. These provisions of the Trade Disputes Act have been breached by members of NARD.
“You are to further note that by Section 7 (1)(b)(iv) of the Trade Disputes (Essential Services) Act.CAP.T9.LFN 2004, the world of work of Medical Doctors (NARD members belong here) has been classified as ESSENTIAL SERVICES which the International Labour Organisation ILO) further defined as services “the interruption of which would endanger the life, safety or health of the whole or part of the population” Conjointly, there is a subsisting Judgement of the National Industrial Court of Nigeria (NICN)that barred you from going on strike as people on essential services.
“In view of the above, please be informed that the provisions of Section 43 (1)(a) of the Trade Disputes Act on the law of “No Work No Pay” is hereby invoked and shall be applied to your members for the duration of their current strike to ensure equity and social justice which are prerequisites in any employment relationship.
“This law states that while your members have the right to strike, there is also a reciprocal right of an employer to withhold wages during the period of strike when no work is done.
“In this regard, please recall that you had also earlier proceeded on strike on April 1.2021. for ten (I0) days and have continued with this reversed unfair labour practises of not rendering service to your employers and collecting remunerations especially during the period of COViD-19 third wave pandemic, “Considering this disservice, therefore, the period of ten (IO) days of the strike in April 2021, will be condoned with whatever period you spend on the current strike for the purpose of loss of remuneration and also in computing your period of pensionable service in the Public Service as per the provisions of this Section 43(I)(a) of the Act.
“Be also further informed that: this stoppage of emolument is not punitive but anchored on the law and principles concerning the right to strike which the ILO has made pronouncements by summarily stating that wage deductions for days of strike does not interfere with the principles of Freedom of Association. This is also part of our national laws and is being applied accordingly.
“Your employers would be justified by an established a good legal framework to replace strikers with new staff in the event of the continuation of this strike in the essential service in which strikes are forbidden by law, and when a situation of acute national emergency exists such as COVID-19 pandemic which is also with us here.
“If after seven (7) days with effect from the date of your commencement of this strike, you fail to unconditionally call it off the Honourable Minister of Labour and Employment will be constrained to take further steps as stipulated by the Trade Disputes Act: and this trade dispute will be treated as a failed case in Conciliation and next appropriate steps will be taken to protect your employers and the numerous patients you have abandoned, even whilst at their negotiation table.
“Your primary employers, the Federal Ministry of Health and the relevant Federal Government paying Office-Office of the Accountant General of the Federation-have has been notified of these steps for their respective information and further necessary action,” the circular stated.
Responding, the NARD president, Dr Uyilawa Okhuaihesuyi, said the doctors were aware of the government’s resolve to open attendance register.
“We are aware that they are going to bring down registers tomorrow. We are aware that they have spoken to chief medical directors on that. We are aware they have sent a circular on no-work, no-pay to all teaching hospitals.
“We are not aware if they have answered our ultimatum. What have they done in trying to convince the younger ones to go back to work when they have not answered our Memorandum of Action which was signed on March 29 and April 9? So, these are the big questions.
“You are in government and you want to discipline a child, you beat the child but you still hold the mouth of the child to prevent him from crying out. You had 116 days since you signed a Memorandum of Action which was time-bound and you had six weeks but as of tomorrow it will be 117 days and you have not done anything. Will you bully your child that you have not paid for months and still want to impose a no-work, no-pay policy?
“He (Ngige) has already written to the chief medical directors of hospitals and we are aware they are invoking the no-work- no-pay policy already, but we are not resuming yet,” Okhuaihesuyi said.
On the alleged threat by the Federal Government to sack NARD members if they failed to resume this week, Okhuaihesuyi said it was a welcome development.
He said anyone hired by the federal government would automatically become a NARD member.
He further wondered where the government would find the doctors to replace the 16,000 NARD members who were already trained.
“I don’t see how they will replace someone who has been in training for three to five years with a new person who hardly knows anything. Anyone who is brought in as a resident doctor will automatically be our member anyway,” Okhuaihesuyi said.
Meanwhile, the director general of the Progressive Governors Forum (PGF), Dr. Salihu Lukman, has slammed both Ngige and the minister of health, Dr. Osagie Ehanire saying they have slept on duty and so not able to proactively pre-empt strikes of health workers in the country.
He challenged the two ministers to wake up to their responsibility and end the political embarrassment coming with huge cost to lives to citizens.
Lukman, in a statement issued entitled: ‘Labour issues and need for reorientation in Nigeria’, said the ministers and all stakeholders must as a matter of urgency lock themselves in the most qualitative form of negotiations with all workers in the health sector to restore some minimum standards in the sector.
“It is possible that the ministry has had some consultations and initiated processes of dispute settlement that are not reported. Be that as it may, to the extent that they were unable to pre-empt the strikes, they were ineffective. Being ineffective also made it possible for leaders of unions and workers’ organisations to concentrate more in terms of power struggles between them and the government than engage in collective bargaining negotiations.
“It is quite frustrating, when political appointees, such as ministers of labour and health are unable to proactively preempt strikes of health workers in the country. As loyal members of APC, being the governing party, we must appeal to our ministers of labour and Health to wake up to their responsibility and end this political embarrassment coming with a huge cost to lives of citizens,” he said.
He recalled that on August 2, 2021, NARD began an indefinite nationwide strike over demands for improved conditions, payment of salaries ranging between two to 19 months by some state governments, failure to domesticate Medical Residency Training (MRT) Act 2017 in states, among others.
He also described the frequent strikes by resident doctors and health workers as “unfortunate” and “avoidable” as they always lead to preventable deaths.
Lukman said given the cost to human lives from strikes by health workers, it is quite alarming that strikes in a sector as important as health would be taking place at all.
“Priority attention must be given to the issue of redefining Nigerian federalism to ensure that labour issues, including negotiations for wages and terms of conditions of services and resolving all challenges that come with it are moved to the concurrent list of the 1999 Nigerian Constitution as amended.
“A situation whereby terms agreed with the federal government are used for state government employees will always create problems of implementation. State governments need to be more creative to introduce new incentives, which are not monetary but perhaps have higher monetary values than what obtains in federal establishments,” he added.
