The Jurisprudential Position of Strike in Nigeria: Interrogating the Principle of No Work No pay
Keywords:
Arbitration, Dispute resolution, Education, Employment, Industrial strikeAbstract
Strike as a means by which employees exert pressure on their employers to accede to their demands is undertaken where there is a breakdown of negotiations between employers and employees. This implies that strike is a by-product of human existence, especially on matters in which there is disagreement or for which some people are dissatisfied. The issue is that in our statute books strike is less legal, than the power of the unions to express themselves. The labour laws provide the legal framework for declaring a strike. Thus, this study, attempts to examine the statutory and regulatory framework for declaring strike, especially the conditions under which the government can invoke the doctrine of NO Work, No Pay rule. The paper posits that while there exists no law which guarantees the right of a Nigerian worker to proceed on industrial strike action, the law recognizes the existence of strikes in trade disputes which section 3 to 14 of Trade Disputes Act generally provides the conditions. Finally, the paper frowns at the way and manner government representatives invoke the principle of NO Work, No Pay policy without recourse to the relevant agreements collectively signed by labour and management abi initio. It recommends a better industrial labour education for government representatives.
References
Ananaba, W. (1969). Trade Union Movement in Nigeria Benin City: Ethiope, Publishing Corporation.
Cole, G.D.H. (1953). An Introduction to Ttrade Unionism, London: George Allen and Unionism ltd.
Fashoyin, T. (1981). Industrial relations and the political process in Nigeria, Geneva: International Institute for Labour Studies, research series No. 69.
Flippo, B.E. (1982). Personal management (5th edition), London: McGraw – Hill International Books Company.
Iyayi, F. (1989). Nigeria Since Independence: The impact of Business companies and Corporations’ in UsmanYusuf Bala (ed.) Nigeria Since Independence: The first 25 years, Ibadan: Heinemann Educational Books.
Iyayi, F. (1986B). State intervention in Industrial Relation in Nigeria actions in historical and ideological context, Benin Journal of Social
Sciences, 1(2), 64-72.
Iyayi, F. (1985). the Class Functions of Nigeria’s Labour laws, Studies in Politics and Society, 3 (April), 18-35.
Momoh, A. (1999). Labour as a vanguard of Democracy, paper presented at the conference on trade unions and Enduring Democracy in Nigeria, organized by the Food, Beverage and Tobbaco Senior Staff. Association, 13-14 January, at the Saidi Centre, Benin City Edo State, Nigeria.
Nnoli, O. (1989). The poor and politics in Nigeria: An exploratory Note: African Journal of Political Economy, 2(4), 40.
Otobo, B. (1983). Strikes in Nigeria: Some considerations Nigeria Journal of Economic and Social Studies, Nov.
Otobo, D. (2002). Industrial Relation: Theory and Controversies, Lagos: Malthouse press ltd.
Otobo, D. (1998). State and Industrial Relations in Nigeria, Lagos: Malthouse press ltd.
Ozor, E. (2003). Grassroots Labour Relations in Nigeria: Trade Unionism and the welfare of Local Government Employees 1980s-90s. Ibadan: Speetrum Books Ltd.
Tokunboh, M.A. (1985). Labour Movement in Nigeria: Past Present and Future, Lago;,Lantern Books.
Ubeku, A.K. (1983). Industrial Relations in Developing Countries. The Case of Nigeria, London: Mcmillan.
Yesufu, T.M. (1984). The Dynamics of Industrial Relations: The Nigerian Experience Ibadan: University Press.