By Chidera Eke, June 3, 2024, News/Comments
The Attorney-General of the Federation and minister of Justice, Prince Lateef Fagbemi, SAN, has written to the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC), insisting that the planned nationwide strike is ineffectual, premature, and illegal”
It could be recall that NLC/TUC and FG have been on each other’s neck over the new minimum wage which FG insist of paying N60,000. Just yesterday, a joint meeting of the NASS and the union leaders ended in deadlock, as labour says, no going back on the strike.
However, Federal government through Fagbemi had cautioned NLC and TUC, through its letter addressed to the unions, saying, the’ decision to embark on a strike came when “the federal government and other stakeholders involved in the Tripartite Committee on the determination of a new national minimum wage had not declared an end to negotiations”.He reiterated however that the organised labour unions failed to issue a mandatory 15-day strike notice in compliance with the Trade Disputes Act 2004 and the Trade Unions Act. He therefore warn Labour Union to desist from the planned strike, which begins today:
“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 the Organised Private Sector) in order to determine a minimum wage for the generality of the working population,” the letter reads.
“I would like to draw your attention to Sections 41(1) and 42(1) of the Trade Disputes Act 2004 tax amended, which requires both NLC and TUC to issue mandatory strike notices of a minimum of 15 days.
“It is pertinent to observe that at no time did either NLC or TUC declare a trade dispute with their employers or issue any strike notice as required by law for such strike action to be legitimate and lawful. It is not in doubt that the fundamental importance of the 15-day notice is underscored by the fact that Sections 41 & 42 (1)(b) criminalise non-compliance with this requirement for a valid declaration of strike action.
“Consequent on the foregoing, the call to industrial action is premature, ineffectual and illegal. The proposed strike action is also at variance with the order of the National Industrial Court and ongoing mediatory settlement efforts over issues connected with the subject matter of the order.”
Meanwhile, Constitutional lawyer and human Rights lawyer, Femi Falana, SAN, has advised the National Assembly to pass new Minimum Wage Act the same way the new National Anthem Act was enacted within 48 hours, last week, noting that, while Nigerians were longing for better life, living in poverty and pain, the National Assembly hastily passed a bill and sign into law, new national anthem, therefore, same way, they should approve a new National Minimum Wage Act, similar to the recent swift enactment of the National Anthem Act completed within 48 hours last week. Falana disclosed this on Sunday in a press release saying that the National Minimum Wage Act 2019 has expired.
“Pursuant to the National Minimum Wage Act 2019 the national minimum wage was fixed at N30,000. By virtue of section 3(4) of the Act 2019 the national minimum wage expires after five years, and it shall be reviewed in line with the provisions of this Act.”
“Since the commencement date of the Act was the 18th day of April 2019, the national minimum wage of N30,000 has since expired.
“Hence, the Minister of State, Ministry of Labour and Employment, Honourable Nkeiruka Onyejeocha, announced during the last May Day rally in Abuja that the new national minimum wage would take effect on May 1, 2024.
“Following the removal of fuel subsidy last year, the Federal Government had announced an additional N35,000 wage award (wage subsidy) for six months, starting from 1 September 2023. During the 6-month period, the total monthly wage payable to a worker was N65,000. In the same vein, the various state governments awarded various sums as wage subsidy to their workers. Both Lagos and Edo State Governments have since announced a minimum wage of N70,000.
“Curiously, the Federal Government turned round to offer a minimum wage of N48,000. Hence, the Nigeria Labour Congress and Trade Union Congress have embarked on an indefinite strike due to the failure of the Federal Government and other employers of employment to pay a realistic new minimum wage to Nigerian workers. However, it has been reported that the leaders of the National Assembly have intervened in the planned strike.
“The National Assembly should, therefore, pass speedily a new National Minimum Wage Act like the new National Anthem Act that was enacted within 48 hours, last week”.
NLC-NASS leadership meeting
Effort of the National Assembly leaders to intermediate towards averting the Monday June 3 nationwide strike ended without results as NLC and TUC, says, they do not have the power to cancel the proposed strike. Speaking with journalists after the meeting, the TUC President, Osifo, said, “The Senate President appealed to us to call off the strike.
“But we can’t sit here and call off the strike because we have other organs. We will take the appeals to our various organs.
“We don’t have the powers to call off the strike action. For now, the strike action will commence, while we discuss with our organs.”
On his part, the Senate President, Godswill Akpabio appealed to the unions to reconsider the interest of ordinary citizens and the security the strike may cause, saying that when the hospitals are closed, most poor people will die. Those who are even on oxygen will die. Those needing medical services will die. Goods and services will not move freely, productivity will reduce drastically. The living standards of Nigerians will also be impaired, this was corroborated by his Deputy, Tajudeen Abbas who also said, that there are three takeaways that we can go home with. One is that we have agreed to prevail on the government to revisit the issue of the 35k paid to Nigerian workers wage award that was started in October last year and stopped in February. We agreed that the wage award should continue until such a time that the minimum wage is agreed. We also agreed that the NLC and TUC should go and consult to suspend their strike as soon as possible to allow for negotiations to continue.”
Also speaking with journalists is the Minister of State for Labour, Onyejeocha, who argued that the government and the Organised Private Sector could not afford the N494,000 demanded by labour, as proposed by labour. Her words
“We are talking about the lowest level, minimum wage, that’s minimum level one. How will the Organised Private Sector pay? You’re talking about salary. Yes, things are hard, it’s hurting everybody, but the point is that is our economy buoyant? There’s so much inflation.
“So, if you pay somebody at level one N494,000, you’re talking about an increase of 1,547 per cent. We understand that, yes things are hard, let us increase the minimum wage by 100 percent from N30,000 to N60,000, and then you are telling us that people are already being paid over N70,000. I say from where, how?’’ she wondered.
Onyejeocha said the government had shown good faith, insisting that the palliatives and other social interventions indicate that President Bola Tinubu had been ‘very compassionate.“The President has been very compassionate. Check all the palliatives, all the interventions he’s been doing, just to make sure that things are fine.
“I have not seen any government in Nigeria go out of its way to do the kind of interventions that he’s doing, both in the education sector, health sector, social welfare and yet you’re not looking at that. “There are other things that the government needs money to do. You understand? If the government uses all its money to pay minimum wage for that percentage of people, then what happens to the rest?
For Your Interview On National Issues, Or Article, Commentary Or Event Coverage. View Our Services And Profile By Clicking About Afrikanwatch Network And Service.+2348028592006, +2349126686480: Email Us @: Afrikanwatch122@Gmail.Com