FG Begins “No Work No Pay” Clause Against Residents Doctors

*As resident doctors continue industrial action

The Federal Ministry of Health has commenced the implementation
of the “No Work No Pay” law 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 from 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.”

*As resident doctors continue industrial action

The Federal Ministry of Health has commenced the implementation
of the “No Work No Pay” law 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 from 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.”