Resident doctors dare FG, begin 5 days warning strike

Akor Sylvester, Abuja and
Blessing Akorowosi, Osogbo

Resident doctors dare FG, begin 5 days warning strike

The National Association of Resident Doctors (NARD) has criticised the Federal Government for declaring its five-day warning strike as illegal.
The strike commenced at 8am on Wednesday, May 17, and would end Monday, May 22.
NARD National President, Dr. Emeka Orji, who was a guest on Channels Television’s Sunrise Daily on Wednesday, asked the Federal government to cite the part of the law that makes the strike illegal.
“I believe that there is no law that says that a warning strike is illegal. If they say a warning strike is illegal, let them prove it to us. We want to see the part of the law that says that a warning strike is illegal,” he insisted.
Orji indicated that the association had satisfied all the provisions before embarking on a strike, adding that the National Executive Council (NEC) has given the association the mandate to proceed on a warning strike.
“If they resolve all these, we won’t come here and be talking about whether it is NMA or NARD or any other affiliate that should take up these points to the government. These issues are germane, and we want to appeal again that we are open to discussion.
“If they call us to discuss and address these issues, we believe many of them can be addressed in a matter of days and there won’t be a need for all these crises we are having in the health sector,” he added.
On April 29, 2023, NARD issued a two-week ultimatum to the Federal Government to commence the implementation of all pending agreements or the doctors will embark on a nationwide strike.
Demands of the resident doctors include an immediate increment in the Consolidated Medical Salary Structure (CONMESS) salary structure to 200 percent of the current gross salary of doctors.
The government had described the deman d of the doctors as ridiculous but the NARD president said the 25% increment offered by the government is not sufficient to cater to the needs of doctors in the country.

Negotiation ongoing –Health minister

Meanwhile, the minister of health, Dr. Osagie Ehanire has said that his ministry and the ministry of labour and employment have commenced negotiation with the leadership of the striking National Association of Resident Doctors (NARD) to avert the nationwide strike action by the Doctors.

But responding to the issue of the five-day warning strike by the resident doctors, during a briefing to commemorate this year’s World Hypertension Day, Ehanire, who was represented by the Director of Public Health at the Ministry, Dr. Morenike Alex-Okoh, said: “With respect to the doctors’ strike, I believe that at this time, the leadership of the Ministry will as usual be engaging with the Ministry of Labour, relevant stakeholders and the resident doctors to resolve what the issues are. We hope that these issues will be resolved quickly.

“The situation with the doctors strike is of concern to the government, and the negotiations have been ongoing, and will continue under the circumstances.
“I cannot give you any conclusive response now, except to say the leadership of the Ministry and relevant stakeholders are meeting to resolve this situation as quickly as possible.”
Meanwhile, the Federal Government has warned members of the National Association of Resident Doctors (NARD) to shelve their planned five-day warning strike, describing it as “illegal.”
The Minister of Labour and Employment, Sen. Chris Ngige issued the warning in Abuja shortly after receiving a letter from the NARD executive, notifying him of the impending industrial action, which started yesterday.
Reacting to the letter, dated May 16, 2023 and delivered to his office at about 5pm same day, 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.u
He therefore advised the doctors to avail themselves of the opportunity for social dialogue with their employer, rather than embarking on a warning strike, which is unknown to the law.
The Minister 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 were at liberty to make their own policy.
Ngige 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 was still running, adding that those in 2022 have all been paid.
The Minister 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.
He 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 bond 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 that although the bill has passed through first and second readings, 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 percent pay rise, as it was 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 were already negotiating with the Federal Government”

.Adeleke approves hazard allowance, residency training allowance for Uniosun resident doctors

Similarly, Osun State Governor, Ademola Adeleke has approved the payment of a percentage of residency training allowance for resident doctors of the Osun State University (Uniosun) Teaching hospital annually.
He also approved the payment of hazard allowance for clinical and non-clinical workers in the service of the state teaching hospital.
These allowances, according to him are with immediate effect so that the resident medical doctors of the teaching hospital will back out of the national strike.
The governor made the affirmation during a close door meeting with the medical union and management of the teaching hospital.
President of the medical union, Dr John Ojo tendered their demands of about 12 years to the state governor at the meeting.
Adeleke directed that all other operational issues raised by the union should be looked into with immediate effect.
He, however charged the medical workers to reciprocate the gesture of the state government by re-dedicating themselves to excellent service delivery.