Posted on: Fri 11-09-2020

MEMORANDUM OF TERMS OF SETTLEMENT REACHED AT THE END OF THE CONCILIATION MEETING BETWEEN FEDERAL GOVERNMENT (FG) AND THE JOINT HEALTH SECTOR UNIONS & ASSEMBLY OF HEALTH CARE PROFESSIONALS (JOHESU) HELD AT THE INSTANCE OF THE HONOURABLE MINISTER OF LABOUR & EMPLOYMENT ON THURSDAY, 10TH SEPTEMBER, 2020

CONCILIATORS

1. SEN. (DR) CHRIS N. NGIGE, OON  -  HONOURABLE MINISTER OF LABOUR AND EMPLOYMENT
2. FESTUS KEYAMO (SAN)    -    HONOURABLE MINISTER OF STATE FOR LABOUR AND EMPLOYMENT

GOVERNMENT SIDE

1. Hon. (Dr.) Olorunmimbe Mamora  - Honourable Minister of State for Health (FMoH)
2. Dr. Yerima P. Tarfa  - Permanent Secretary, (FML&E)
3. A. M. Abdullahi -  Permanent Secretary,  (FMoH)
4. Dr. Adebimpe Adebiyi, mni    - Director, Hospital Services (HS) Federal Ministry of Health (FMoH) 
5. Anita Shitu (Mrs) -   Director (FMFBNP)
6. Mubo Adedokun -  Director, Budget Office
7. Dr. M. C. Maha   -   Director (FMoH)
8. Mrs. C.C. Dike -  Special Adviser Technical (HML&E)
9. Mrs. O. U. Akpan - Director, Trade Union Services and Industrial Relations Department  (FML&E)
10. Chiadi Adighiogu    - Ag. Director (NSIWC)   
11. ULOMA Mbanaso   - Deputy Director (R&PS) FMoH
12. Akor Emmanuel                 -  Deputy Director (AcGF)
13. Okibe Amoso  - Asst. Director, Resident Labour Desk Officer Health
14. Augusta.I.Okuonghae  -  Asst. Director, Industrial Relations (IR) (FML&E)
15. Powei Dumas - Chief Labour Officer FML&E 
16. Attih Emem J. - Principal Labour Officer, FML&E

NIGERIA LABOUR CONGRESS (NLC)

1. Ismail Bello  - Deputy General Secretary, Nigeria Labour Congress (NLC)

JOINT HEALTH SECTOR UNIONS & ASSEMBLY OF HEALTH CARE PROFESSIONALS (JOHESU)

1. Biobelemoye Joy Josiah  - National Chairman of the JOHESU
2. Com. Chief M.O. Ajorutu  - Ag. National Secretary,(JOHESU)
3. Pharm. Munir Elelu  - President Pharmaceutical Society of Nigeria (PSN)
4. Abdrafiu A. Adeniji mni  -  President National Association of Nigerian Nurses& Midwives (NANNM)
5. Silas G. Adamu  - Secretary General Medical & Health Workers Union of Nigeria (MHWUN)
6. Ogbonna Obinna C.  - President Nigeria Union Allied Health Professionals ( NUAHP)
7. Popoola Ezekiel - Ag. Gen. Sec. Senior Staff Association of University Teaching Hospitals, 
8. Research Institutions and Associated Institutions  (SSAUTHRIAI)
9. Lawrence Okebiorun  - Rep. Gen. Sec.  Non Academic Staff Union of Educational And  Associated Institutions (NASU)
10. Olumide Akintayo - Executive Member/ Rep. President Assembly of Health Care Professional Associations  (AHPA)
11. Following the 15 days’ ultimatum given by JOHESU to commence an industrial action by midnight of Sunday September 13th, 2020, the Honourable Minister of Labour & Employment convened a conciliation meeting on Thursday 10th September, 2020 with the leadership of JOHESU and relevant Government stakeholders to address the issues.

2.0 After exhaustive deliberations on the issues, the parties resolved as follows:

• Structural and Infrastructural decay in the Health Sector:

Parties observed that although 126 Billion Naira has been appropriated in the 2020 COVID-19 intervention Appropriation Act for infrastructure upgrading and equipment for the Health Sector during the period, lack of effective communication has made it impossible for the Unions to appreciate the degree of investments made in the Health Sector. It was therefore agreed that the unions be carried along in the affairs of the Presidential Task Force (PTF) on COVID-19 to ensure proper communication.

Parties agreed that the Private Sector engagement should also be encouraged as this would add value to the Health Sector investment generally.

• Review of Implementation of the Special COVID-19 Hazard and Inducement Allowance:

JOHESU alleged that many of its members were either omitted or short paid in the implementation of Special Hazard and Inducement Allowance as agreed in the Memorandum of Understanding (MoU) of 21st April, 2020. According to JOHESU, some of their members were paid 10% of their Consolidated basic Salary instead of 50% in the MoU of April 2020. Others were omitted in the categories of those to benefit from the Special Covid-19 Hazard and Inducement allowance. JOHESU added that in spite of several engagements with the Federal Ministry of Health, the anomalies are yet to be corrected as at today, Thursday, 10th September 2020.

The meeting agreed that the Federal Ministry of Health should issue a Circular to the Chief Medical Directors (CMDs) of the various Health Institutions by Friday, 11th September, 2020, and the CMDs should be requested to forward the list of members affected by the shortfall to Federal Ministry of Health by Monday 14th of September, 2020.

JOHESU was also asked to mobilize their members in the local chapters of the tertiary Health Institutions to ensure that the CMDs forward the list of their members to Federal Ministry of Health to facilitate the payment.

On the issue of medical personnel in the Educational Sector that were not captured in the first tranche of payments. The meeting noted that this omission was not peculiar to JOHESU members alone. The Honourable Minister informed that he would consult with the relevant Honourable Ministers on how to address the issue as clinics/hospitals under Federal Ministries of Education, Justice & Defence are all equally affected. 

On the request by JOHESU that all Health workers who hitherto were being paid the five thousand naira (N5000) as hazard allowance should be the beneficiaries of the 50% of their consolidated basic salary as Special COVID-19 Hazard and Inducement allowance, irrespective of whether they are or non-core medical professionals.

The HML&E explained that the MoU of April 2020 in 1(d) was explicit on this. However, the meeting agreed that this list of this category of workers should be compiled by FMoH and the attendant financial implication should be computed by the office of the AcGF to see if this request can be accommodated within the available funds because they were not in the original classification for 50%.

• Adjustment of Consolidated Health Salary Structure (CONHESS) as was done with Consolidated Medical Salary Structure (CONMESS) since 2014: 

The meeting noted that this matter had been earlier referred to the National Industrial Court of Nigeria (NICN) and is one of the issues that cannot be resolved by consensus at the ADR

The Honourable Minister of State Labour & Employment clarified that since the issue had been referred to the Alternative Dispute Resolution Mechanism (ADR) by the NICN. It was unprocedural for JOHESU to bring it up as an item in conciliation meeting, JOHESU was therefore advised to either first go and withdraw the case from the NICN before the Ministry can resume conciliation on the issue or open up discussion with FMoH Later.

• Withheld April and May, 2018 Salary of JOHESU members: 

The meeting stated that the salaries of JOHESU members for the months April and May 2018 were withheld based on Section 43 of the Trade Disputes Act Cap T8 of the Laws of the Federation of Nigeria (LFN), 2004, to deter workers categorised as essential services from embarking on strike.

The meeting noted that the issue is a substrata of the case before the NICN and stated that it would therefore be illegal for JOHESU to use this as a basis for embarking on another strike.

• Implementation of ADR Consent Judgement and other court judgements:

The meeting directed the FMoH to commence the implementation of those issues that were adopted as consent judgement at the NICN:

1. Internship Training:  The FMoH to take action and report back in four (4) weeks.
2. Employment: The FMoH to undertake the Staff audit to ascertain the veracity of JOHESU’s claim of understaffing and irregular employment. FMoH to take action and report back in four (4) weeks.
3. Headship of Department: The FMoH will work on this issue and report back in four (4) weeks from today.

3.0 In view of this understanding, JOHESU will consult with her members with a view to reporting back on Saturday, 12th September, 2020.

4.0 The meeting adjourned to 15th of October, 2020 to enable FMoH to carry out the assignments. 

Pharm. Munir Elelu                              Abdrafiu A. Adeniji mni

PSN  President                                      NANNM

Silas G. Adamu                                     Ogbonna Obinna .C

MHWUN                                                NUAHP

Popoola Ezekiel                                    Lawrence Okebiorun

SSAUTHRIAI                                           NASU

Biobelemoye Joy Josiah                     Olumide Akintayo                                                                                                 

JOHESU  National Chairman                AHPA

Com. Ismail Bello

For: NLC President

Dr. A. M. Abdullahi                            Dr. Yerima P. Tarfa

PS.FMoH                                              PS. FML&E

Sen. (Dr.) A. O. Mamora.                  Barr. Festus Keyamo (SAN)

HMoSH                                                HMoSL&E

Sen, (Dr.) Chris Nwabueze Ngige, OON. MD

Honourable Minister of Labour & Employment

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