As the strike embarked by the National Association of Resident Doctors, NARD, enters its fifth day, the Federal Government has threatened to sack the doctors should they fail to resume work with seven days unconditionally.
Meanwhile, the aggrieved striking doctors have vowed to continue the strike until their demands are met.
In a circular with reference number: HMO/LAB/126/IV/226, dated August 5, 2021 entitled: ”Law and Principles Concerning the Right to Strike,” and signed by the Minister of Labour, Senator Chris Ngige, the Federal Government claimed that the subsisting judgment 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 has breached Trade Disputes Acts also disclosed that the ministry would be invoking “No work no pay policy”.
The circular reads in parts, “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 judgment 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,” Ngige stated in the circular.
However, the striking doctors say strike continues as they cannot continue to work in hunger.
Responding to the circular in a chat, the National President of NARD, Dr Uyilawa Okhuaihesuyi said there was no going back on their action until the Federal government meets their demands.
“Yes we received the circular from the Ministry of Labour a few hours ago, they said they were going to sack us and get new doctors to replace us. They also said they are going to effect “No work no pay policy and gave us seven days to resume or get punished. We are saying they should sack us.
“They should go ahead with their threats. We are calling their bluff. They should continue with what they are doing. We are not meeting on the circular; we predicted it and it has happened at the right time.
“Strike continues. If someone has not been paid for 19 months or 4 months won’t the person be hungry? How will you survive? You are aware that hunger kills more people than covid-19, in Nigeria, things are more difficult and we cannot meet our basic needs,” he said.
Lamenting the actions of the Federal Government, he said it would only result in more brain drain as more doctors on the ground may want to leave the country as well.
(Vanguard)
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