Disturbed by the increasing spate of Labour unrests in the country, Federal Executive Council FEC, has approved recommendations giving powers to government agencies to implement the “No Work no pay” law
The law is captured in section 43 of the Trade Disputes Act of Federation.
This is just as Federal Executive Council approved the setting up of a small committee to look at the Yayale report on the health sector and asked that the white paper be submitted to it for final approval
Section 43 of the Trade Disputes Act of the Federation states that “workers have a right to disengage from an employer if there is a break down in discussions or negotiation. But for the period that the worker does so, the employer should not pay and those periods are to be counted as non-pensionable times in the period of work”
Minister of Labour and Employment, Chris Ngige, made the disclosures, while briefing State House Correspondents, after the weekly Federal Executive Council meeting presided over by President Muhammadu Buhari at the presidential Villa, Wednesday in Abuja.
The development followed the report by a technical committee set up by the office of the Secretary to the Government of the Federation, (SGF) on industrial relations matters in the federal public service.
This committee was set up precisely on April 27th, 2016. It was chaired by the SGF and co-chaired by the Head of Civil Service of the Federation, members were Chairman of National Salaries, Wages and Income Commission, Ministry of Labour, Ministry of Health, Ministry of Science and Technology, Office of the Attorney General of the Federation.
Ngige said Council re-emphasized that the law is still in sitting and that it should be brought to the knowledge of workers in the public and private sector, especially those in the public sector.
“We have to do that because of the spate of industrial crisis we have suffered in the last two months, when we had plethora of strikes all over the place. So council has said this should be reemphasised to workers so that they will know.”
“Meanwhile for the strike embarked upon the last time, we will see what we can do about that because there is a law in place”
The FEC also frowned at reports that some Presidents of Trade Union occupy those positions permanently doing union activities.
According to Ngige, ” They are Presidents of trade unions for life and they sit tight, criticize those who are trying to do third term or fourth term while they themselves are sitting tight”
“It was agreed that my ministry should continue with our work in terms of fishing out the unions that don’t have constitutions that prescribed time limit for their elected officers. Such unions should be made to comply with the law, so that people elected serve out their term and other people will take their place. That is democracy in account.”
“Council also looked at part of the recommendation on Collective Bargaining Agreement (CBA), if an employer and employee have a dispute and the reconciliate the product of reconciliation is the bargaining agreement. Most times, those agreements are not signed, they are usually signed by wrong persons”
“So, council agreed with us that according to the labour laws, they should be signed and whenever issues of salaries and wages are involved, National Salaries, Income and Wages Commission must sign, the ministry of labour must sign and the document domicile in the ministry of labour in consonant with Section 4 of the Trade Dispute Act”
Council also considered the issues of job evaluation in public service, especially as it affects the health sector and directed all MDAs to immediate ensure proper evaluation practices in the system
“As we speak today, there are about 14 compartments of scales in the public service. It was agreed that there is need for job evaluation to let people know their status where they should start their employment and their progression with of course, financial attachments worked out by National Salaries, Income and Wages Commission”
“We presented another memo to council on diving at work regulation. Diving at work involves workers that carry out their ask of work by diving into deep water to work. They are welders, fitters, plumbers, engineers of all sorts. We now have to make recommendations flowing from the Factories Act Cap F1 of the law of the federation of 2004”
“The essence of this regulations is that under water activities have to be regulated, those who go under water have to be certified. The Association of Divers of Nigeria are now to work with the government and the industry. This has become necessary because a lot of under water activities which involves marine, oil and gas, construction and energy. These jobs have been signed out to foreigners under the claim and guise that the Nigeria divers are not certified. We have no school here that is certified abroad or have affiliation for overseas certification. We understand that companies fly people in to go under the water to look at the pipelines, do harbour work or even work under the pillars of bridges”
“So, it is at great loss to the country because it is foreign exchange that is being lost. And our divers themselves because the certificate they get here from their school in Warri is not recognized, after training they have to go to South Africa, Canada, United Kingdom or United States to get foreign certification before they can employed. This has led to job loss for Nigerians. So this regulations is a way for us working in concert with the Divers Association of Nigeria for a certification that will be internally recognized and also for safety of those who undertake such ventures. So council approved and directed that it be domiciled in the Federal Ministry of Justice as part of country bylaws.”
Ayanfe Akintola
