The Federal Government of Nigeria, FGN, has given reasons why the current labour strike in an illegality. This was even as the Federal Government described the strike as “premature, ineffectual and illegal”.
The organized labour embarked on indefinite strike today, Monday over the new minimum wage.
But speaking on the development the FG said Organized Labour failed to meet all statutory requirements. It also stated that Labour failed to abide by International Labour Organization, ILO, principles before the declaration of industrial action.
The FG also pointed that there is a subsisting court order precluding Labour from embarking on strike. It maintained that the order is yet to be vacated.
This was revealed by the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN).
Fagbemi listed sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended) which requires labour to give a 15-day prior strike notice before embarking on a strike. He also pointed to Section 31(6) of the Trade Unions Act (as amended) as some of the laws.
In a letter by the AGF, to the two labour centres – the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC), yesterday, he pointed out that the Unions did not take “recourse to conciliation, meditation, and (voluntary) arbitration procedures” as outlined by the ILO before declaring the strike.
Fagbemi, therefore, appealed to the NLC and TUC to reconsider their positions. This, he said, is because of the negative effects the strike would have on the citizenry and the economy.
On Sunday, the leadership of the National Assembly said it would engage the parties in the dispute (Federal Government, States, and the Organized Private Sector) “in constructive dialogue. The NASS said it would explore a variety of solutions in addressing the issues at hand.”
Recall that NLC and TUC on Friday directed their affiliate unions to mobilize for the strike. This is to register their displeasure over the outcome of Thursday’s meeting by the wage committee.
At the meeting on Thursday, the Federal Government and the Private Sector increased their offers to N60,000. While labour buckled down from its initial demand of N615,000 to N494,000.
However, Labour have expressed displeasure that Governors; a critical component of the government side, showed no keenness in the negotiations.
Recall also, that on Saturday, the Information and National Orientation Minister, Mohammed Idris said government was not disposed to the N494, 000. He said the labour proposed wage would lead to a rise in its wage bill of N9.5 trillion annually.
In the letter to the organized labour dated June 1, Fagbemi also reminded the Unuons of the non-vacation of June 5, 2023, interim order by the National Industrial Court. The NIC had barred them from ‘’embarking on any industrial action or strike of any nature.’’
The letter reads: “My attention has been drawn to the statement made on 31st May 2024, by the leadership of the NLC and TUC. Declaring an indefinite nationwide strike action from 3rd June 2024.
“I wish to note that this latest declaration of strike action by organized labour is premature. And it is coming at a time when the Federal Government and other stakeholders involved in the tripartite Committee on the determination of a new national minimum wage had not declared an end to negotiation.
“You are aware that the Federal and State Governments are not the only employers to be bound by the new national minimum wage. Hence, it is vital to balance the interest and capacity of all employers of labour in the country (inclusive of the organized private sector). This is in order to determine a minimum wage for the generality of the working population.
“I would like to draw your attention to Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended). Which requires both NLC and TUC to issue mandatory strike notices of a minimum of 15 days.
“It is pertinent to observe that at no time did either NLC or TUC declare a trade dispute with their employers. Or did it issue a strike notice as required by law for such strike action to be legitimate and lawful.
“It is not in doubt that the fundamental importance of the 15-day notice is underscored by the fact that Sections 41(1) and 42(1)(b) criminalize non-compliance with this requirement for a valid declaration of strike action.
“In addition to the foregoing, the legality or legitimacy of the proposed strike action is also strongly called to question. By the fact that both NLC and TUC failed to comply with the statutory condition precedent (dispute resolution procedures) provided for under Section 18(1)(a) of the Trade Disputes Act 2004 (as amended).
“Furthermore, the proposed strike action is also in breach of relevant conditions itemized under Section 31(6) of the Trade Unions Act (as amended).
“I wish to further draw your attention to the fact that the conditions outlined by our national legislation for exercising the right to strike are in tandem with the International Labour Organization (ILO) principles concerning the right to strike.
“It is the position of the ILO Committee on Freedom of Association that the obligation, to give prior notice, obligation to have recourse to conciliation, meditation and (voluntary) arbitration procedures (on industrial disputes, etc are prior prerequisites for declaring a strike
“Thus, the alleged issuance of an ultimatum to the Government by Labour for the conclusion of negotiations before 31st May 2024 does not satisfy the requirement of issuing a categorical and unequivocal formal notice of strike action.
“Consequent to the foregoing, the call to industrial action is premature, ineffectual, and illegal. The proposed strike action is also at variance with the order of the National Industrial Court. And the ongoing mediatory/settlement efforts over issues connected with the subject matter of the order.
“You are further invited to recall the pendency of the interim injunctive order granted on 5th June 2023 in Suit No: NICN/ABJ/158/2023. Federal Government of Nigeria & another v. Nigerian Labour Congress & another. Which order restrained both NLC and TUC from embarking on any industrial action or strike of any nature.
“This order has neither stayed nor set aside, therefore, it remains binding on the Labour Unions.
“It would be recalled that in the aftermath of the removal of fuel subsidy, both the Government and Labour consented to measures to ameliorate the adverse consequences thereto, by executing a Memorandum of Understanding (MOU) on 2nd October 2023.
“The MOU entails provisions for payment of wage award and setting up of the minimum wage committee. It also made provision of CNG (Compressed Natural Gas) buses and conversion kits, tax incentives, etc.
“It is remarkable to note that in the same MOU, both NLC and TUC committed ‘to henceforth abide by the dictates of social dialogue in all our future engagements.’
“While the Government assures that it would continue to adopt a conciliatory approach to resolving matters pertaining to workers’ and citizens’ welfare. This is in the spirit of collective bargaining. I would like to urge you to kindly reconsider the declaration of strike action and return to the on-going negotiation meetings. Which has been adjourned to a date to be communicated to parties.
“This would be a more civil and patriotic approach. And it will enable your congress to pursue its cause within the ambit of the law. And to avoid foisting avoidable hardships on the generality of Nigerians, which this proposed industrial action is bound to cause.”
source: The Nation
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