FG triggers “No Work No Pay” clause against resident doctors

By KAZEEM BIRIOWO, Abuja

The Federal Ministry of Health has commenced the implementation of the “No Work No Pay” clause against the striking resident doctors in Nigeria.

National Industrial Court ordered the doctors to return to work recently in a letter to Chief Medical Directors(CMDs), Medical Directors(MDs) and Federal Tertiary Hospitals from the Federal Ministry of Health with Ref No: C.14/T/407 titled “Re. Re. Law And Principles Concerning The Right To Strike Application OF Section 43(1) (A) of the Trade Dispute Act, Cap T8, Laws of the Federation of Nigeria(LFN) 2004 (No Work No Pay)” signed by the Director, Department of Hospital Services, Dr Adebimpe Adebiyi.

“The Ministry in receipt of a letter from the Honourable Minister, Federal Ministry of Labour and Employment (FMoL&E) informing the Ministry of the Laws governing the ongoing strike by the Nigerian Association of Resident Doctors (NARD} and the need to immediately apply the provisions of Section 43(i)(a) of the Trade Dispute Act on
“Special provision with respect to payment of wages during strikes and lock-outs” known in labour parlance as “No-Work, No-Pay with effect from Monday 2” August 2021 when the strike was commenced by NARD members.

“Consequent on the above, I am directed to inform you to commence the implementation of “No-Work, NoPay” policy on striking Doctors w.e.f Monday 2nd August 2021 including other Health workers that may embark on strike subsequently.

“This directive is in line with the provisions of Section 43 (I) (a) of the Trade Dispute Act which inter alia states“…..where any worker takes part in a strike, he shall not be entitled to any wages or remuneration for the period of the strike, and any such period shall not account for the purpose of reckoning the period of continuous employment and all right dependent on continuity of employment shall be prejudicially affected accordingly…….”

“You are to compute the financial implication of the ‘No-Work NoPay” from the salaries of the Resident Doctors and any other Health worker that participated in strike using the attached Template and forward the same to the IPPIS office through the FMoH for implementation wef 2nd August 2021.

“Please, accept the assurances of the warm regards of the Honourable Minister,” the letter reads.

Meanwhile, members of the National Executive Council of the striking Nigerian Association of Resident Doctors(NARD) have met and resolved to continue the ongoing strike despite efforts made by the Federal Government and the order of the National Industrial Court.

It said it was embarrassing that the federal government misinterpreted the ruling of the NIC and misinformed members of the public that the court had ordered the suspension of the resident doctors’ strike.

NARD’s position was contained in a communique issued at the end of the meeting made available to journalists on Thursday.

The communique was jointly signed by the President of NARD, Okhuaihesuyi Uyilawa; Secretary-General, Jerry Isogun; and Publicity Secretary, Dotun Oshikoya.

It was titled, ‘Communique issued at the end of an extraordinary National Executive Council meeting of the Nigerian Association of Resident Doctors.’

According to the communique, members of NEC reviewed the efforts of the government and resolved to continue with the industrial action until all their demands are met.

“After critical appraisal of the actions of both federal and state governments on all the issues affecting the welfare of our members as observed above and the perpetual insincerity from the government as evidence by the reckless ex parte injunctions sought by the government and the ambiguity in the interpretation of the ruling of the National Industrial Court of Nigeria, the NEC unanimously agreed via a vote to sustain the ongoing industrial action until her demands are met as contained in the MoA signed more than 140 days ago and the recent MoU signed between the government and NMA.”

NARD condemned what it described as the nonchalant attitude of government officials towards the sufferings of Nigerian doctors.

NARD faulted the decision of the federal government to approach the National Industrial Court to stop the strike.

“We observed with dismay that despite the express instructions given by the President of the Federal Republic of Nigeria to the FMOH to side-step all technicalities in resolving the issues of dispute between us and the government, not one item on the table had been resolved.

“The NEC was embarrassed by the misinterpretation of the court ruling by the Federal Ministry of Labour, thereby misinforming the public that the National Industrial Court had ordered that the strike should be suspended.”

“The NEC was disappointed but not surprised at the Governor of Abia State for failing to offset the 19 months salary arrears being owed our members in his state which he promised to pay over 23 days ago.”

“We also frown on the actions of the governors of Imo, Ekiti and Ondo states who still owe our members 10 months, six months and four months respectively.” (Nigerian Tribune)