Labour Bill: Govt, NLC Trade Words
FG: Single body outdated NLC: It'll erode workers' freedom
By Our Reporters
The battle of wits between the Federal Government and Nigeria Labour Congress (NLC) yesterday shifted to the National Assembly where Minister of Employment, Labour and Productivity, Dr. Hassan Lawal, told a Senate Committee hearing that the idea of a central organisation like the NLC is archaic, outdated, undemocratic, unconstitutional and monopolistic.
Also stating Labour's position at the hearing, NLC President, Adams Oshiomhole said the Trade Union Act (Amendment) Bill which is now at the committee stage in the Senate would do violence to the freedom of workers if passed into law.
But the International Labour Organisation (ILO) has urged the National Assembly to halt the on-going legislative process on the Labour bill so as to make the expected reforms meet the basic requirements that may lead to passage of a law acceptable to all stakeholders in the industrial relations sector.
While stating government's position on the bill, Labour Minister, Lawal, argued that "the provision of Section 12 (4) (of the proposed bill) makes the membership of trade unions voluntary and it further provides that no employees shall be forced to join any trade union or be victimised for refusing to be a member of any trade union."
"In the present dispensation, when a person becomes an employee of an organisation, he/she automatically, without his/her will or consents becomes a member of a trade union. This practice is archaic and must be confined to the dustbin of history as it limits the ability of a worker to freely exercise the right of choice," he said.
"No economic system anywhere in the world would allow a monopoly that has the tendency of transforming itself into an octopus which can grip and strangulate the economy, in particular, and the nation in general.
"Anti-trust laws exist for this reason in some societies to guide against such monopolies in the product market. Operating a central labour organisation is completely old-fashioned and outdated, undemocratic, unconstitutional and monopolistic and as such is expressly rejected in the amendment bill of Mr. President now before the National Assembly for consideration," the Minister added.
Describing the NLC as an exclusive club, Lawal further said that "the NLC as presently constituted is an all-encompassing organisation in adherence to democratic values. Where is democracy if out of the 53 registered and recognised industrial unions and senior staff association in Nigeria, only 29 are affiliate of the NLC? What has happened to the remaining 24 senior staff associations registered under the Trade Unions Act which, based on the Nigerian constitution and international law standard and practice have the right to organise, but they have no space or place under the canopy of the NLC."
Oshiomhole, who took his turn to address the public hearing after the Labour Minister and his Justice Ministry counterpart, Chief Akin Olujimi, however said"the bill should be stopped while the on-going tripartite review of labour laws which has the full involvement of the federal government is completed.
"This process of labour law making has commenced with the full backing of the International Labour Organisation in terms of guidance. If this bill is passed, it will not make for sustainability and will not be a product of tripartism. Sidetracking this process confirms the impression that the purpose of the bill is vindictive, punitive and calculated to destroy the labour movement.
"Also, to pass this bill is to say that this country say something outside and come back home to do otherwise. It is difficult to think that in the name of our collective democracy, NLC has to be repealed for democracy to survive. Not even in the worst days of military rule was that contemplated. Even in those dark days, they had stopped at disbanding the executive of NLC but left the body alone. The greatest problem of lawmaking is to have a particular person at heart," he said.
According to him, "while Nigeria prides herself as the giant of Africa, providing leadership in the democratisation of the continent, most African countries have gone through process of amending their labour laws in conformity with International Labour Organisation (ILO) Convention 144."
"This is the case in Ghana where labour laws were reformed through the Labour Commission comprising government, employers and labour; South Africa through National Economic Development and Labour Commission (NEDLAC), also comprising government, employers and labour.
"We therefore urge the Senate to allow the ongoing process of tripartite review of our labour laws to run its normal course. Nigeria will be a laughing stock in the international community if the Senate proceeds without allowing the process of labour law review to take its full course as obtains in other countries," he said.
Arguing that last Tuesday session of the Senate suggests that, "it (Senate) intends to fast track the process of passing the bill by next week as if there is emergency," Oshiomhole stated that "the impression we get is that there is a pre-determined position. This will do violence to the democratic process."
Noting that the bill has profound implications for all workers in both the public and private sectors, he added that, "given the profound nature of this bill, the Congress expects the Senate to hold public hearing in all the states. If for any reason, the Senate is not able to organise the public hearing in all the states, it should hold the hearing in at least six geo-political zones in the country."
Commenting on the controversial amendments sought by the bill, the NLC President maintained that "membership of trade unions is already voluntary and workers can contract out of check-off system. Under Section 5(3) b of the Labour Act, the workers have the right to contract out of unions and from the check-off system. Many workers have exercised this right, which is why there are millions of workers who are not members of trade unions even under the present law."
"The voluntary nature of union membership, which the current law prescribes, explains the organising activities of unions aimed at extending union coverage of workers, who are yet to appreciate the benefit of taking membership," he said.
On the no strike clause in collective agreement, Oshiomhole said, "this is against the ILO Conventions 98 and 87. Interestingly, it does not contain a no lockout clause by employers. It is, however, important to point out that the right to bargain freely with employers with respect to conditions of work without any pre-conditions is a basic element in the industrial relations system and freedom of association."
Regarding the amendment to Section 17; Payment of Affiliation Dues to Labour Centre, Oshiomhole argued that, "the ILO principles especially 434 and 437 give trade unions and their federations the right to decide on issues of financing their organisations. So this constitutes an infringement on workers rights to freely associate."
On the powers, which the bill granted the Minister of Labour to approve labour centres in "national interest," he said such power is "unconstitutional as the decision on which labour should be formed is that of workers and their unions.
"Not even under the military did the Minister of Labour exercise such absolute discretion because even at their worse, the military appreciated that the existence of any federation of unions is the exclusive prerogative of workers and their unions. These provisions are therefore inconceivable in a democratic system in which the issue of the right to freedom of association enjoys constitutional and statutory legitimacy," he said.
Also reacting to the amendment to Section 30 (1b) on membership balloting before strikes, Oshiomhole contended that "the ILO Convention 87 gives worker and employer organisations the right to draw their constitutions and rules, and refrains public authorities from any interference, which will restrict these rights."
"Secondly, only members of an association can decide how to delegate their powers. If there is a provision that a strike can only be called on the basis of 2/3 of ballots by the members of the union, logically, there has to be provision that such a strike can only be called off on the basis of the same 2/3 ballot by the membership.
"Interestingly, the question whether employers will need 2/3 of their shareholders voting before a lockout is carried out is not provided for by this section," he said, adding that, amendment being sought to Section 42 (1a) on conduct of strikes, "is an attempt to criminalise strikes and protests contrary to constitutional guarantees."
He argued that, "nothing in the ILO Conventions, constitution or any of our laws that says that NLC must first be proscribed before more labour centres can be registered. When more political parties were registered in the country, none of the then three existing parties, including the ruling People's Democratic Party (PDP) was deregistered. So it does not require the de-registration of NLC to register more labour centres."
"Section 33 (1) of the principal act, which provides for the Nigeria Labour Congress "as the only central labour organisation" should be amended. Section 33 (4) of the principal act, which makes it an offence for unions other than industrial unions, from affiliating to the NLC should be expunged," he submitted.
However, in his submission, ILO director, Cornelus Dzakpasu, said the government should wait for the current review of the country's labour laws being carried out by the three principal actors with technical assistance from the ILO.
"My advice to you is to wait and receive the comprehensive package of the Labour reform which will be all inclusive.
"The review is very comprehensive. Given time, the tripartite committee will come up with labour laws that can stand the test of time. Already there is a technical subcommittee working with ILO on this project," the ILO boss said.
He added that there is need for observance of social dialogue as enshrined in its convention 144 on tripartism in process leading to reforms of labour laws.
Reminding the lawmakers of the assistance of ILO in this direction he urged them not to make laws because of the exigencies of the moment and urged them to be mindful of the long term implication.
Dakpasu who came with ILO professional staff on labour reforms on invitation of the Senate said the process adopted by NLC, NECA and government with assistance of ILO in reviewing the labour laws before the bill overshadowed it, is slow but capable of ensuring that the end result is not only credible, acceptable but meet all the fears and expectations of the stakeholders especially on the issue of ownership.
Declaring the public hearing open, Senate President Adolphus Wabara said "the Senate and its leadership remain steadfast in our resolve to ensure that we make the necessary legislations based on the aggregate of opinions in the polity and this public hearing will ultimately lead to a more informed Senate position".
Also welcoming the participants, the Committee chairman, Senator Ewa-Henshaw, assured that the Senate has no position on the matter.
Meanwhile, the NLC has resorted to seeking God's intervention to avert the passage into law of the Labour Reform Bill .
The decision to commit the issue to God THISDAY gathered, followed series of frustrations faced by labour with members of the National Assembly as well as the police.
At the NLC national headquarters in Abuja yesterday, workers went into singing gospel songs and dancing which lasted for several hours.
After the singing and dancing sessions, the workers later went into prayers.
Also in Ilorin, workers in Kwara State have resolved to embark on a day fasting and prayer session today as their own contribution to the NLC battle against the passage of the Labour bill.
Rising from a meeting on Tuesday night, the workers identified divine help as the only way out of the angst of the Presidency.
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