5-day warning strike: Uncertainty as FG dares Resident Doctors, issues warning
…Threatens no-work-no-pay
…Writes-off 200% pay rise demand
…It is not feasible – Ngige
…Says Ad-hoc replacement will be employed, paid with striking Doctors’ pay for five days
…We cannot dabble into National Assembly to stop compulsory five years service bill – FG
…To meet Doctors Wednesday
By Matthew Denis
It is not certain if the Resident Doctors of public hospital hospitals in the Nigerian health sector will bow as the Federal Government on Tuesday warned members of the National Association of Resident Doctors (NARD) to shelve their planned five-day warning strike, reeling out penalties.
The Minister of Labour and Employment, Sen. Chris Ngige issued the warning on Tuesday shortly after receiving a letter from the NARD executive, notifying him of the impending industrial action, billed to commence midnight of Tuesday, May 16.
Reacting to the letter, dated May 16, 2023 and delivered to his office at about 5pm on Tuesday, Ngige said on receiving the letter, he contacted the Minister of Health, who informed him that a meeting has been scheduled by his Ministry with the resident doctors for Wednesday 17th May, 2023.
He, therefore, advised the doctors to avail themselves of the opportunity for social dialogue with their employer, rather than embark on warning strike, which is unknown to the law.
He said, “I will advise them to attend the meeting with the Minister of Health tomorrow. I will also advise them very strongly not to go on five-day warning strike. There is nothing like warning strike. A strike is a strike.
“If they want to take that risk, the options are there. It is their decision. They have the right to strike. You cannot deny them that right. But their employer has another right under Section 43 of the Trade Dispute Act, to withhold their pay for those five days.
“So, if the NARD has strike funds to pay their members for those five days, no problem. The Health Minister will instruct the teaching hospitals to employ adhoc people for those five days and they will use the money of the people who went on strike to pay the adhoc Doctors. That is the ILO principles at decent work, especially for those rendering essential services. Lives should be protected. One of my sons is a resident doctor, I will advise him to go to work and sign the attendance register. The people seen at work are the ones to receive their pay. If you don’t work, there will be no pay.”
Commenting on the five demands of the Doctors, Ngige said the Federal Government lacks the powers to compel the States to domesticate the Medical Residency Training Fund (MRTF), since health is in the residual list, where both the Federal and State Governments have the powers to legislate.
According to him, the job of the Federal Government is to make policy and where the States disagree, they are at liberty to make their own policy.
He added that the Federal Government cannot bully the States into domesticating the MRTF if they do not want to.
Regarding the issue of immediate payment of the MRTF to their members, he said it was appropriated in the 2023 budget, but has not been released, as the 2022 budget is still running, adding that those in 2022 have all been paid.
He denied the claim by NARD that the Federal Government did not pay minimum wage consequential adjustment arrears to their members, saying that all workers in the Education and Health Sectors, and even the defense agencies benefited from the adjustment.
Ngige noted that the Doctors cannot declare nationwide strike because some States were owing their members, pointing out that the Federal Government cannot also dabble into the issue, being a State matter.
Similarly, he said the Federal Government as the Executive arm of government cannot intervene in the bill at the National Assembly to bind doctors for five years, as it is a private member’s bill.
According to him, any intervention by the executive on the matter impinges on the autonomy and independence of the legislative arm of government.
Ngige said although the bill has passed through first and second reading, he was sure it would be shot down at the public hearing, since the law prohibits forced labour.
He advised the Doctors not to talk about 200 per cent pay rise, as it is not feasible, adding that besides all the government has done for doctors and other workers in the health sector, such as upward review of hazard allowances, the Nigeria Medical Association (NMA) was already negotiating with the Federal Ministry of Health, National Salaries, Incomes and Wages Commission and the Presidential Committee on Salaries on pay rise for doctors.
“It is incongruous for students doctors to embark on strike when consultants training them are already negotiating with the Federal Government,” he said.
NARD, following its notice of warning strike by its members wrote to the Minister of Health, Osagie Ehanire, intimating him of its plan to lead doctors in public health facilities on another round of industrial action if its lingering demands were not addressed.
NARD, on Tuesday formerly served notice of strike to the Federal Government through the Minister of Health, warning that, it cannot guarantee further industrial harmony should Government fails to address the issues raised before May 29th, 2023.
In the letter tagged: “Notice of Strike Action,” jointly signed by the President of NARD, Dr Innocent Orji and Secretary-General, Dr Chikezie Kelechi, the duo, recalled that NARD had issued a two-week ultimatum to the Federal Government to resolve issues as contained in the ultimatum before its expiration on the 13th of May 2023.
The letter reads, “Regrettably sir, these issues have remained unresolved despite several attempts by NARD to get Government to resolve them. Rising from her Extra-Ordinary National Executive Council Meeting on Monday, 15th May 2023, NARD NEC resolved to embark on a Five – Day warning Strike commencing by 8:00 am on Wednesday, 17th May 2023, hoping that Government would see the need to resolve these issues urgently to avoid a further crisis in the health sector.
“Please find attached the communique from the said meeting.
“We are always open to negotiation and any genuine efforts aimed at resolving these issues as quickly as possible. Please accept Sir, the assurances of our esteemed regards.”
Also in its communiqué issued at the end of the extraordinary National Executive Meeting, where they resolved to embark on a five-day warning strike, the doctors said the five-day warning strike will expire Sunday, 21st May 2023 while work resumes by 8:00 am on Monday, 22nd May 2023.
The communiqué also called on the Federal Government to address the issues raised before the handover date, adding that, the NEC will also review progress made during and after the strike in the next two weeks and decide the next line of action.
The NEC, however, regretted that the two-week ultimatum issued to the government expired days ago and they neither reached out to the Association nor made any significant moves at resolving the issues raised.
“A situation NEC considers embarrassing for a nation touted as the ‘Giant of Africa.’ NEC frowned at this development and wondered how the Government could claim to have the interest of the Nigerian citizens at heart and still neglect such a well-publicized ultimatum.
“NEC regrettably observed that most of the issues raised had been contained in previous ultimatums issued to Government last year but still extended to the present time despite the refusal of the Government to act on them. NEC wondered how we got to this point as a nation and hoped this dangerous trend is reversed as quickly as possible,” the statement read.
Some of the demands of the doctors reviewed by NEC include, “immediate massive recruitment of clinical staff in the hospitals and abolishment of the bureaucratic limitations to the immediate replacement of Doctors and Nurses who leave the system. Immediate infrastructural development in our hospitals with a subsequent allocation of at least 15 per cent of the budgetary provisions to health in line with the Abuja declaration of 2001 and immediate increment in the Consolidated Medical Salary Structure to the tune of 200 per cent of the gross salary of Doctors among others.”
Recall Nigerian NewsDirect had reported how the warning strike by the Resident Doctors had generated panic over confusion it may erupt in the health sector.
Recall NARD had earlier on April 29, 2023, issued a two-week ultimatum to the Federal Government to meet its demands or face industrial action.
The Doctors are demanding an immediate increment in the Consolidated Medical Salary Structure to the tune of 200 per cent of the current gross salaries of doctors.
Also among their demands is the immediate withdrawal of the bill seeking to compel medical and dental graduates to render five-year compulsory services in Nigeria before being granted full licences to practise.
Also, on their list of requests is the immediate implementation of CONMESS, domestication of the Medical Residency Training Act, and review of hazard allowance by all the state governments as well as private tertiary health institutions where any form of residency training is done; among others.
Angered by the perceived silence of the government to their demands, the President of NARD, Dr Emeka Orji had, Monday, said the planned strike was total, involving both emergency and clinical operations in the hospitals.
