The Jurisprudential Position of Strike in Nigeria: Interrogating the Principle of No Work No pay

Abstract

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.