Labour’s strike declaration “premature, Illegal” –AGF

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN, has condemned the call to industrial action by organised labour describing it as “premature, ineffectual, and illegal.”

Fagbemi’s stern rebuke comes in response to the announcement made on May 31, 2024, by the leadership of the Nigerian Labour Congress and Trade Union Congress declaring an indefinite nationwide strike action from June 3, 2024.

Highlighting the premature nature of the strike declaration, Fagbemi in a letter dated June 1 addressed to the leadership of the TUC, NLC emphasised that negotiations between the Federal Government and other stakeholders on determining a new national minimum wage had not reached a conclusive end.

He underscored the importance of considering the interests and capacities of all employers, including the organised private sector, in setting a minimum wage that benefits the entire working population.

Drawing attention to legal provisions, Fagbemi cited Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended), which mandate both NLC and TUC to issue mandatory strike notices of at least 15 days.

He argued that the failure of the labour unions to comply with these provisions renders their strike action illegitimate and unlawful.

Furthermore, Fagbemi questioned the legality of the proposed strike action, pointing out that the labour unions had not initiated trade disputes with their employers or issued any strike notices as required by law.

He emphasized the gravity of non-compliance with the mandatory 15-day notice, highlighting the criminalization of such actions under Sections 41 and 42(1) of the Trade Disputes Act.

Source: punchng.com

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