Nigerian govt goes tough on striking doctors, to implement ‘no work, no pay’ policy

The Federal Government has directed the Federal Ministry of Health to implement a ‘no work, no pay’ policy for the striking resident doctors and other concerned health workers, saying they will not be paid for the period they were on strike.

The directive was conveyed in a memo by the Ministry of Labour and Employment to the Health Ministry, concerning the ongoing strike by the National Association of Resident Doctors (NARD).

It was learnt that following the directive, the Ministry of Health dispatched letters instructing the Chief Medical Directors and Managing Directors of federal tertiary hospitals to implement the ‘no work, no pay’ policy.

Ripples Nigeria reported that the resident doctors had on August 2, 2021, commenced an indefinite strike action, accusing the Federal Government of failing to implement agreements it had with their union on issues concerning the payment of salaries, hazard allowances, amongst others.

However, after fresh rounds of negotiations, the Federal Government presented a Memorandum of Understanding to the striking doctors, but the resident doctors refused to sign the MoU, saying there were shortfalls in the agreement.

The doctors accused the government of insincerity in its dealings; hence their inability to trust what is contained in the memorandum since they have been deceived previously.

Following the loggerheads between the government and the striking doctors, the National Industrial Court, Abuja Division, on Monday, August 23, ordered the NARD to suspend its nationwide strike and directed the Federal Government to ensure it reaches a substantial agreement with the doctors.

But according to a directive contained in a letter dated August 26, 2021, and signed by the Director of Hospital Services, Federal Ministry of Health, Dr Adebimpe Adebiyi, the Federal Government ordered the implementation of the no work, no pay policy.

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The letter was titled “Application of Section 43(1) (A) of the Trade Dispute Act, Cap T8, Law of the Federation of Nigeria (LGN) 2004 (no work no pay) partly,” read:

“The ministry is in receipt of the letter from the Ministry of Labour and Employment informing the ministry of the laws governing the ongoing strike by the Nigerian Association of Resident Doctors and the need to immediately apply the provisions of Section 43 (1) (a) of the Trade Dispute Act on ‘special provision for payment of wages during strike and lockouts’ known in labour parlance as no-work-no-pay with effect from Monday, August 2, 2021, when the strike was commenced by NARD members.

“Consequently on the above, I am directed to inform you to commence the implementation of the no-work-no-pay policy on the striking doctors including other workers that may embark on strike consequently.

“This directive is in line with Section 43 (1) (a) of the trade dispute act which inter alia states ‘where any worker takes part in a strike, he shall not be entitled to any wages or remuneration for the period of the strike.

“And any such period shall not account to reckon the period of continuous employment and all rights dependent on continuity of employment shall be prejudicially affected accordingly.

“You are to compute the financial implications of the no-work-no-pay from the salaries of resident doctors and any other health worker that participated in strike using the attached template and forward same to the IPPIS office through the Federal Ministry of Health for implementation.”

Meanwhile, NARD has insisted that it would not suspend its ongoing industrial action.

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