Wike: NLC FCT Challenges 'No-Work No-Pay' Legality for Striking Workers

• FCT Minister Nyesom Wike directed the enforcement of a "no-work, no-pay" policy against striking workers and mandated attendance registers.
• The Nigeria Labour Congress (NLC) FCT Council and Nigeria Union of Teachers (NUT) FCT Wing dismissed Wike's directive as "unconstitutional, illegal, provocative and unenforceable."
• The NLC asserts the strike is legitimate under Nigerian law and international conventions, having fulfilled all legal conditions.
• The "no-work, no-pay" rule under Section 43 of the Trade Disputes Act applies only to illegal strikes, not legitimate ones.
• The strike was provoked by the FCT Administration's imposition of a vacancy clause on promotions and the demotion of directors.

Lawyers advising employers or government agencies in Nigeria must understand the legal limitations of the 'no-work, no-pay' policy, particularly when dealing with legitimate industrial action.

FCT Minister Nyesom Wike issued a directive to enforce a "no-work, no-pay" policy against workers participating in an ongoing strike. This instruction, given on a Friday, targeted area council chairmen, requiring them to implement the policy. Additionally, Minister Wike mandated the FCT Head of Civil Service, along with school principals and headteachers, to maintain daily attendance registers to identify absent staff members.

This ministerial order came in response to an indefinite strike initiated by the Nigeria Labour Congress (NLC) on October 7, stemming from unresolved disputes between the FCT Administration and the Nigeria Union of Teachers (NUT). In a swift counter-move, the NLC FCT Council, led by Chairman Mr. Knabayi Adalo, and the NUT FCT Wing, represented by Secretary Mrs. Margaret Jethro, publicly rejected Wike's directive. Through separate circulars distributed to their members on Sunday, they characterized the "no-work, no-pay" threat as "unconstitutional, illegal, provocative and unenforceable."

Mr. Knabayi Adalo, Chairman of the NLC FCT Council, emphasized that the right to strike remains a legitimate instrument for workers, recognized under both Nigerian statutes and international labor conventions. He specifically cited Section 40 of the 1999 Constitution, the Trade Unions Act, and international instruments like ILO Conventions 87, 98, and 151, all of which Nigeria has ratified, as guaranteeing workers' right to engage in industrial action after fulfilling due process. Adalo affirmed that the NLC FCT had meticulously met all requisite legal conditions before declaring the current strike.

Addressing the Minister's threat to withhold salaries, Adalo clarified that the "no-work, no-pay" rule, as stipulated in Section 43 of the Trade Disputes Act in Nigeria, is exclusively applicable to strikes deemed illegal. He asserted that employers cannot benefit from their own misconduct when their actions create the very conditions that necessitate industrial action. Furthermore, he referenced previous judgments from the National Industrial Court of Nigeria, which, according to him, have consistently upheld workers' entitlement to their salaries under specific circumstances involving legitimate strikes. This legal precedent suggests that salaries cannot be lawfully withheld when workers participate in a legitimate strike triggered by an employer's breach of agreement.

The NLC FCT Council chairman highlighted that the FCT Administration itself provoked the industrial action by infringing upon teachers' rights. Key grievances include the imposition of a "vacancy clause" on teachers' promotions, which the union views as an arbitrary barrier to career progression. Another significant issue is the demotion of directors who were legitimate beneficiaries of the Harmonised Retirement Age for Teachers Act, 2022, a move seen as a direct violation of their entitlements.

In response to reports of school heads compelling teachers to sign attendance registers, Adalo issued a directive for union members to refuse such demands. He argued that any attendance registers opened during a strike lack legal validity and are merely a tactic to create division among workers. Adalo reiterated that participation in a union-declared strike constitutes lawful industrial action, not absenteeism. He instructed any worker facing queries, threats, or harassment to immediately report to the NLC FCT Council Secretariat, providing supporting evidence. The NLC also issued a stern warning, stating that principals or headteachers who force teachers to sign registers or submit lists for punitive measures would be held personally accountable and face picketing by the union. The NLC's demands include the immediate removal of the vacancy clause, the prompt conduct of the 2025 promotion exercise, and the full reinstatement of all demoted directors.

This confrontation between the FCT Administration and labor unions underscores critical aspects of labor law and industrial relations in Nigeria. The NLC's firm stance against the "no-work, no-pay" directive, particularly its emphasis on the legality of the strike, highlights the importance for employers and government agencies to meticulously distinguish between legitimate and illegitimate industrial actions. Lawyers advising employers or government agencies in Nigeria must understand the legal limitations of the 'no-work, no-pay' policy, particularly when dealing with legitimate industrial action. This development underscores the importance of distinguishing between legal and illegal strikes under the Trade Disputes Act and being aware of potential liabilities for intimidating or punishing workers participating in a constitutionally protected strike.

The dispute also brings to the fore the necessity for administrations to address core grievances rather than resorting to measures perceived as intimidation. The NLC's commitment to protecting its members and its readiness to take action against administrators who violate union directives signal a robust defense of worker rights. This situation serves as a crucial reminder of the constitutional and statutory protections afforded to workers engaging in lawful strikes, reinforcing the principle that such actions are not mere absenteeism but a recognized means of dispute resolution when other avenues fail.

Lawyers advising employers or government agencies in Nigeria must understand the legal limitations of the 'no-work, no-pay' policy, particularly when dealing with legitimate industrial action. This development underscores the importance of distinguishing between legal and illegal strikes under the Trade Disputes Act and being aware of potential liabilities for intimidating or punishing workers participating in a constitutionally protected strike.

Source: Original reporting via News Agency of Nigeria