No work, no pay policy: Another form of instigation?

Since the Federal Ministry of Health issued out its ‘No Work, No Pay’ circular last week, there has been myriad of reactions from stakeholders in the sector.

 

In fact, many see the circular as a welcome development, others; on the other hand, view it as a witch-hunt and an attempt to muzzle some stakeholders in the sector from voicing out their grievances.

 

Other stakeholders in the sector, however, see the circular, as an indictment on the government. 

 

Those in this school of thought points out that the circular demonstrates government’s failure and inability to implement already existing laws. According to them, the no work, no pay rule has been there in our statute books, but that the government lacks the strong will to put it into action.

 

In the circular, the federal government warned health professionals in the country to refrain from incessant industrial actions and adopt modern and civilized way of settling labour disputes including dialogue and negotiations, which are far better than strike and violence.

 

The circular which was dated March 15, 2016, with reference number MH/HRM/138/1/58, was addressed to the Chief Executives Officers of University Teaching Hospitals, Federal Medical Centres and other tertiary health institutions under the Federal Ministry of Health.

 

In the circular which was signed by the Director Human Resources, Mr Danjuma Kurau, the Minister of Health, Isaac Adewole lamented that incessant labour disputes have been ravaging the health sector despite effort made by the present administration to revive the healthcare system.

 

The minister in the circular said: “Health sector is one of the essential services that are prohibited by law from embarking on strike action. However the Federal Ministry of Health has been subjected to so much ridicule and embarrassment as a result of frequent strikes by the different professionals that make up its work-force”

 

The Minister therefore vowed to descend hard on any staff who goes on strike, stressing: “Any staff who chooses the path of strike in enforcing his/her demand should not be paid salaries and allowances within the period of strike

 

“In order to revert to path of decency and discourage impunity, all Chief Executive Officers of agencies and hospitals under the supervision of the Ministry are to strictly, enforce the No Work No Pay Policy as contained in section 43 of the Trade Disputes Act, CAP T8, law of the Federation of Nigeria.”

 

The Minister, however, assured all health workers that their welfare will be adequately and responsibly catered for by the administration of President Muhammadu Buhari.

 

Reacting to the policy, the President of the Joint Health Sector Union (JOHESU), Josiah Biobelemoye, said that the policy seems to be a threat and another form of instigation by the health ministry.

 

He, however, said that despite the fact that his union has many pending issues it is currently discussing with the federal government, the policy will not cow them to submission.

 

“Cowing us is out of the question. This law predates the health minister. Proper managers of the law know when it can be applied. Strikes have been on in this country and most labour unions have been following due process at arriving at the decision to go on strike.

 

“This is the reason why it is always difficult to be implemented. If the minister would listen, I would have advised him that threat is not the answer,” he said.

 

While saying that the minister could have carried along stakeholders in the sector before issuing the circular, Biobelemoye observed that, the minister appears dictatorial in issuing the circular.

 

“When I read the letter, I observe that the Minister of Health was making himself conciliator at one point, and then at some point he was making himself a dictator by threatening.

 

“At the opening of the circular, I thought he was appealing, but at the end of the communication, he was already directing the Chief Executives of tertiary health facilities to implement the no work, no pay rule.

 

“I also expect that he will avail them with the procedure that will amount to when a striking worker ought to be paid and when he ought not to be paid. This is because, if the management instigates a strike, the management is at fault,” he noted.

 

He, however, reiterated that most of the strike actions embarked upon in the country were due to the inability of the government to dialogue with the aggrieved persons in good time.

 

“Nigerians will attest to the fact that the Medical and Health Workers and JOHESU have been very mindful on the effect of strike on the Nigerian people. That is the reason why in 2014, we shifted strike actions 11 times and from 2015 till now we have not gone on any strike.

 

“Some of the strike actions being embarked upon are issues that are instigated by local misunderstanding.

 

“Again, I think the minister would have stopped at his point of appeal and perhaps call a stakeholders meeting on what he intends to do and I am sure he would have been told why and where this is coming from.

 

“For example, the last strike that was apprehended by the late Ocholi, we gave 15 days ultimatum and the federal ministry of health was aware. As the parent ministry of the health sector, it was expected that they would be the first to react to find a way of apprehending the strike, but they did not.

 

“About 48 to the end of the ultimatum they then wrote and again there was no sign of seriousness because they only said they should be given three weeks on one part, and on the other hand, they were saying that they should be given so many months. It is unfortunate that the minister has begun to play politics with serious matters”, he noted.

 

The JOHESU president, however, reiterated that the circular will not, in any way affect their agitations.

 

“This circular will not affect our agitations in anyway. Like I told you, we are a body that follows due process. This is another form of instigation. That our agitation as appropriate and as relevant as they are that they will be suppressed? We are not surprised about this.

 

“Why should the minister come up with such threat letter? The matters are being discussed at the level of the Federal Ministry of Labour. He should have channeled the matter to the Labour ministry that have intervened and let us discuss.

 

“This is another indicator of his pattern that contrary to his position in our earlier meeting in that he wants to work with everybody and that he wants a united health system, this is another indicator that all he said was just by words of mouth and not from his heart,” he lamented.

 

Speaking on the next line of action, Biobelemoye said that he would, in the next few days, convene a meeting of all key stakeholders of the JOHESU to discuss and find a common front on how to approach the circular.

 

On what Nigerians should expect, the JOHESU president said: “For a long time JOHESU have never trusted the government. We have reason to trust the present government because of the way late Ocholi handled the matter. “I am call on Nigerians to remain calm as this threat will not bring any crisis in the health sector. However, I want to stressed that this threat is not going to deter us. What will deter us is the attitude of government in tackling the issues. Threat is an instigator and I assure you that we can never be instigated.”

 

However, many stakeholders in the sector, and in fact, ordinary Nigerians interviewed by The AUTHORITY, appealed for maturity in the manner and way issues in the health sector are being handled for the benefit of the people.