Minister of Health, Dr Osagie Ehanire has directed the Chief Medical Directors (CMDs) and the Medical Directors (MDs) of all the federal tertiary hospitals across the country to commence the implementation of “No Work, No Pay policy the striking resident doctors with effect from Monday 2nd August 2021 including other health workers that may embark on strike subsequently.
According to a memo to the CMDs and MDs dated 26th August 2021 with the title,” Re: Law and Principles concerning the right to strike, application of Section 43 (1A) of the Trade Dispute Act Cap T8 Law of the Federation of Nigeria (LFN) 2004 (” No Work, No Pay) signed by the Director Hospital Services, Dr Adebimpe Adebiyi on behalf of the Minister, the directive was in line with the Section 43 (1A) 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 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.
The memo with Re No: C. 5194/ T/ 407 read, ” The Ministry is in receipt of from the Honourable Minister, Federal Ministry of Labour and Employment (FMoL&E) informing the Ministry of the law governing the ongoing strike by the Nigerian Association of Resident Doctors (NARD) and the need to immediately apply the provisions of Section 43 (1a) of the Trade Dispute Act on “Special provisions with respect to payment of wages during strikes or lockouts” known in labour parlance as ” No Work No Pay” with effect from Monday 2nd August 2021 when the strike was commenced by NARD members. Consequent to the above, I am directed to inform you to commence the implementation of the “No Work, No Pay policy the striking resident doctors with effect from Monday 2nd August 2021 including other health workers that may embark on strike subsequently”.
The minister directed to heads of the Federal tertiary hospitals to compute the financial implications of the “No Work No Pay from the salaries of the resident doctors and any other health workers that participated in the strike using the attached template and forward the same to the IPPIS office through the Federal Ministry of Health for implementation with effect from 2nd August 2021.
This is is coming after the National Industrial Court of Nigeria (NICN) on Monday rejected an application by the Federal Government to order striking members of NARD to resume work.
The judge, John Targema, rather ordered the two parties locked in the industrial dispute –members of NARD and the Federal Government – “to suspend all forms of hostilities and maintain status quo.