ASUU Strike: FG Is Right On ‘No Work, No Pay’ – Ngige

Contrary to the view held by human rights lawyer, Femi Falani (SAN) that the ‘no work, no pay’ policy is not applicable to striking ASUU members, the Minister of the Labour, Senator Chris Ngige, has insisted that the Federal Government reserves the right to “withdraw wages during strike”.

Ngige faulted Mr Falana’s position on the proposed move by the Federal Government to implement the ‘no work, no pay’ policy during strike actions by employers in the country.

The human rights lawyer had stated that the ongoing ASUU strike commenced in full compliance to provisions of section 31 (6) of the Trade Disputes (Amendment) Act, 2005.

He noted that the FG referred to “extant rules to justify the ‘no work, no pay’ policy; a directive anchored on section 43 (1) of the Trade Disputes Act which provides that “any worker who takes part in a strike shall not be entitled to any wages or other remuneration for the period of the strike.

“It would have realised that even under the defunct military junta the application of ‘no work no pay’ rule, threat to eject lecturers living in official quarters, promulgation of a decree which made strike in schools a treasonable offence and the proscription of ASUU did not collapse any of the strikes called by ASUU,” he said.

Falana added that, “For the avoidance of doubt, section 31 (7) of the Trade Disputes Amendment Act provides that anyone who takes part in an illegal strike commits an offence and is liable upon conviction to a fine of N10,000 or six months imprisonment or to both fine and imprisonment.”

But reacting through the Labour Ministry’s Director of Press, Samuel Olowokoore, Ngige said just as workers have the rights to strike as recognised by the International Labour Organization, the body equally recognises “the reciprocal rights of employers to withdraw wages during strike”.

The statement said: “Nigeria is a member of the ILO, a United Nations (UN) specialised agency dealing with labour issues and whose aim is to promote the right at work for employees and employers, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues.

“It is important to state that Nigeria has also ratified and domesticated about eight core conventions of the ILO out of which two are most related in the instant dispute between ASUU and the Federal Government of Nigeria. These are the rights to freedom of association and organisation as well as the right to Collective Bargaining.

“Based on these conventions, the ILO recognises the rights of the workers to strike. However, it also recognises the reciprocal rights of employers to withdraw wages during strike. This is the anchor for ‘No work, no pay’.

“This has also necessitated the Nigerian Parliament (National Assembly) to legislate this into a law through the provision in section 43 of the Trade Dispute Act Cap T8, Laws of the Federation of Nigeria (LFN) 2004.”