Minimum Wage: Proposed strike premature, illegal, ineffective -AGF replies NLC, TUC

 

Jonas Ezieke, Chigozie Ikpo, Abuja , Emmanuel Nlewedum, Port Harcourt

And COMFORT EKELEME, Business Editor

 

The Attorney-General of the Federation and Minister of Justice (AGF), Layeef Fegbemi, SAN, has said the planned strike action by the Nigerian Labour Congress (NLC) and the Trade Union Congress (TUC) is premature, illegal and effective as it was not done in line with the constitution.

 

The joint groups had on 31st May 2024, declared an indefinite strike until a new minimum wage is announced, with the proposed strike billed to start on Monday, June 3, 2024.

 

In a Statement on Sunday, the AGF said the strike is coming in the middle of an ongoing negotiation between the unions and the government, on a new minimum wage, which would affect not only the workers, but also employers of labour in the country, which is why it takes time to come to an agreement, and asked the the workers to wait for an agreement from the commitee.

 

Fagbemi said the constitution allows workers to issue a notice for a strike action, with a minimum of 15 days before it is effected and since it was not observed in the case, the workers cannot proceed on the planned strike action.

 

He warned that if any worker proceeds on the strike action as against the provisions of the constitution, risks punishment, of up to six months imprisonment.

 

The statement reads in parts, “I wish to note that this latest declaration of strike action by organized labour is premature at a time when the Federal Government and other stakeholders involved in the Tripartite Committee on determination of a new national 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 a new national minimum wage, hence, it is vital to balance the interest and capacity of all employers of labour in the country. (inclusive of Organized Private Sector), in order to determine a minimum wage for the generality of the working population.

 

“I would like to draw your attention to Sections 41111 and 42(1) of the Trade Disputes Act 2004 tas amended), which requires both NLC and TUC to issue mandatory strike notices of a minimum of 15 days. For ease of reference, these sections provide thus:

 

“41 (1) Without prejudice to section 18 of this Act. if any worker employed in any essential service ceases, whether alone or in combination with others, to perform the work which he is employed to perform without giving his employer at least fifteen days’ notice of his intention to do so. he shall. unless he proves that at the time when he ceased to perform that work he did not know, or had no cause to believe, that the probable consequences of his or their doing so would be to deprive the community or any part of the community either wholly or to a substantial extent of that or any other essential service, be guilty of an offence and be liable on conviction to a fine of N 100 or to imprisonment for six months,” He said.

 

 

The AGF said according to the International Labour Organizations laws as adopted by the National legislations, the union is obliged by law, to give prior notice and exhaust reconciliatory, mediation and arbitrary procedures before embarking on a strike.

 

He added that since the strike action is in variance with the laws, it remains illegal, null and void, but assured the unions that the government will continue to adopt a conciliatory approach to resolve their issues.

.National Assembly moves to mediate between FG, Labour to avert strike

 

Meanwhile, The National Assembly has acknowledged the announcement by Organised Labour, including the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC), to commence an indefinite strike action from Monday, June 3, 2024, nationwide.

 

The decision followed the deadlock between the Federal Government and the Labour Unions in agreeing on a new national minimum wage and reversal of the recent hike in electricity tariffs.

 

As a responsive parliament, the leadership of the National Assembly, comprising the President of the Senate, H.E. Senator Godswill Akpabio, and Speaker of the House of Representatives, Rt. Hon. Abbas Tajudeen, PhD, is taking proactive steps to mediate and avert the impending industrial action, which would have severe repercussions on the populace and economy.

 

The National Assembly notes that both parties have tenable reasons for their respective positions.

 

In view of this, the National Assembly Leadership and the Chairmen of the Senate and House Committees on Labour, Employment and Productivity respectively, Senator Diket Plang, and Hon. Adegboyega Adefarati, are looking to engage both parties in constructive dialogue and explore a variety of solutions in addressing the issues at hand.

 

The 10th National Assembly is committed to ensuring that the interests of all parties are fairly represented.

 

in a release jointly issued by Senate Spokesman Sen.Yemi Adaramodu and his House counterpart Hon.Akin Rotimi Jnr, the parliament further urge all stakeholders to remain patient and co-operative as they work diligently to find a mutually acceptable resolution in the best interest of the country.

.Rivers NLC mobilise for nationwide industrial action

Also, The Rivers State chapter of the Nigeria Labour Congress (NLC), has directed its members and affiliate unions to fully participate with the nationwide strike declared by it’s national body from Monday, June 3, 2024

The national leadership of the NLC had on Friday declared an indefinite nationwide strike from Monday, over the failure of the federal government to conclude negotiations on a new national minimum wage and reverse the hike in the electricity tariff even as the Organised Private Sector, OPS, has condemned Labour’s decision

The directive of the Rivers State chapter of the union mobilising it’s members for the strike action was contained in a statement jointly signed by it’s Chairman, Comrade Alex Agwanwor and Secretary, Comrade Matthew Olabe, and made available to newsmen in Port Harcourt.

With the statement demanded total compliance by members, there could be a total shut down of all facilities and operations under the control of NLC in the State, following the directed by their National Executive Council.

The statement reads in part, “Sequel to the directive from the National headquarters of the Congress, you are hereby expected to mobilize your members to commence the indefinite strike action as declared on Monday 3rd June, 2024.

“Kindly note the importance of the strike action and the success is hinged on our collective resolve to press home our demands which includes an agreed New National Minimum Wage and a reversal of the hike in Electricity Tariff amongst others.”

.OPSN expresses worry over inability of labour to reach consensus with FG

However,The Organized Private Sector of Nigeria (OPSN) has expressed concern over the inability of the National Minimum Wage Committee to reach a consensus after its 7th meeting.

Director-General, Nigeria Employers’ Consultative Association (NECA), Adewale-Smatt Oyerinde while speaking in Lagos on behalf of the OPSN said that “the Group had approached the Minimum Wage negotiation hoping that current economic realities as it concerns the need to protect jobs and ensure sustained growth would play a paramount role.

Oyerinde who noted that this was not the case, added that the Committee was set up to negotiate a new National Minimum Wage and not a living wage.

He said, neither was it inaugurated to adjust salaries.

According to him, the Minimum Wage is the wage that no employer should pay below, either in the private or public sector.

He said, “Our position was informed by the need to arrest the ongoing job losses and continuous shut-down of businesses in Nigeria. It is important to state that jobs can only be guaranteed when businesses are alive and sustainable.

Speaking further on the walkout and declaration of strike by Organized Labour, the NECA Director-General noted that “while it is within the right of Organized Labour to embark on any action it deems fit and necessary to achieve its objectives, Organized Businesses will also, within extant legislation do all that is necessary to protect enterprise sustainability and protect jobs.

“It is no secret that organized businesses are currently faced with multidimensional challenges ranging from multiple taxes, levies and fees, recent astronomical power costs, rising interest rates and exchange rates amongst many others.

“The offer of N60, 000, which is a 100 per cent increase in the National Minimum Wage was sacrificial on the part of the Organized Private Sector. While it is important to note that socio-economic conditions over the years have rendered the N30, 000 minimum wage inadequate, the same conditions have incapacitated many businesses, fatally affecting their sustainability and ability to pay.

“The demand by Organized Labour at this period has the potential to cripple Small and Medium Enterprises and push many other businesses into comatose,” he said.

Proffering a solution to the quagmire, the NECA DG stated that it is important to strike a balance between workers’ needs, the current economic situation, ability to pay and productivity.

According to him, at N30, 000 per month, many state governments and Local Government Areas are unable to pay.

“An astronomical increase as being demanded will make compliance practically impossible. We urge Government to fast-track the implementation of its interventions to make life more bearable for workers, businesses, and Nigerians in general. Any disruption of organized businesses’ activities could have serious consequences on job security and the sustainability of businesses. Businesses need to be alive and stay sustainable for jobs to be created and for Government to generate taxes,” he said.