Terms of Agreement Reached between JOHESU and FGN on 28/8/13


Posted on: Wed 28-08-2013

AGREEMENT REACHED AT THE MEETING HELD AT THE INSTANCE OF THE HONOURABLE MINISTER OF LABOUR AND PRODUCTIVITY, CHIEF EMEKA WOGU CON, THE HONOURABLE MINISTER OF HEALTH, PROFESSOR ONYEBUCHI CHUKWU, THE HEAD OF THE CIVIL SERVICE OF THE FEDERATION, ALHAJI GONI AJI OON, THE PRESIDENT OF THE TRADE UNION CONGRESS MR. BOBBOI BALA KAIGAMA, THE PRESIDENT OF THE NIGERIA LABOUR CONGRESS ABDULWAHED I OMAR AND THE LEADERSHI OF THE JOINT HEALTH SECTOR UNIONS HELD AUGUST 26 -27 2013 AT THE FEDERAL MINISTRY OF LABOUR AND PRODUCTIVITY, ABUJA
 
By a letter dated august 19 2013 addressed to the honourable minister of health, copied to the honourable minister of labour and productivity and titled 'compliance and implementation of national industrial court (NIC) judgement in respect of suit No. NICN/ABJ/238/2012 delivered on monday july 22 2013. the joint health sector unions (JOHESU) Declared an intention to commence industrial action over the following issues;
1) non implementation of all agreed issues
2) non implementation of the recent national industrial court of nigeria's (NICN) Judgement
 
Arising from the above, the members of JOHESU are currently on a nation wide strike. The federal ministry of labour and productivity in the discharge of its statutory responsiblities convened a concilatory meeting from august 26 to 27 2013.
 
Deliberations were held in two categories, namely, non implementation/ status of implementation of agreed issues and matters referred to the National industrial court of Nigeria (NICN).
 
At the end of deliberations, the follwoing agreement was reached:
 
1) NON-IMPLEMENTATION OF AGREED ISSUES
a) constitution of board of management of teaching hospitals
The meeting noted that the boards of federal teaching hospitals have been constituted but not in compliance with the enabling statutes with respect to sections 2(1)(c) and 2 (1)(f) of the university teaching hospitals (reconstitution of boards, etc) Act, CAP U15, Laws of the federation of Nigeria, 2004. It was therefore agreed that Government should correct the observed infractions of the law in the appointment of board members for federal teaching hospitals. Also, the appointment of a medicalpractitioner as chairman of the nursing and midwifery council of nigeria was done in error and would medicalworldnigeria.com be rectified accordingly. Furthermore, the honorable minister of labour and productivity and health, and the head of the civil service of the federation would meet with his excellency, mr president to rectify the observed anomalies. The anomalies should be corrected within twenty one ()21) days. The parties will reconvene on monday , september 2, 2013 for further briefing on the outcome of the meeting with Mr. president on this issue.
 
B) Retirement Age
it was noted that the communique between the federal ministry of health and JOHESU Signed at the federal ministry of labour and productivity, dated march 21, 2013 had spelt out two modes of realizing the review of retirement oage for the members of JOHESU. it was agreed that the head of the civil service of the federation  should be allowed time to address the issue administratively and update the meeting on monday, septemeber 2 2013.
 
C) Implementation of 2008 job evaluation report
The National salaries income and wage commission (NSIWC) would update the HCSF on the current state of implementation of the 2008 job evaluation report to enable the facilitation of the currently on going holistic 2012 exercise by the NSIWC. the HCSF would update the meeting on monday, september 2, 2013.
 
d) Promotion from CONHESS 14 to CONHESS 15
The meeting noted that the promotion of officers from CONHESS 14 to 15 in some tertiary medical institutions is yet to be fully implemented. however, it was reported that approval has been conveyed to the UCH, Ibadan for the promotion of some officers eg Medical laboratory scientists and social medical works as directors on CONHESS 15.
 
It was agreed that the federal ministry of health should direct the boards of the various hospitals to carry out the contents of the circular from the federal minsitry of health accourdingly.
 
The meeting agreed that the letters of promotion of the offficers at UCH Ibadan withoout any further issues should be released on or before wednesday september 4 2013. The case of the officer with alleged unfair practices should be investigated by the OHCSF and the trade unions should be informed of the outcome of the investigation within two weeks.
 
e) Presidential committee
The meeting was informed that as a result of the deliberations at the federal exectutive council (FEC) the committee was recognized as a ministerial committee and not a presidentail committee.
 
In furtherance to this observation, FEC consequently concluded that a new committee should be constituted by his execellency, mr president. The meeting agreed that the honourable ministers of labour and productivity and health, as well as the head of the civil service of the federation would further discuss with mr. president on the issue conveying that the non-signin of the report was circumstantial. Furthermore, suggestion would medicalworldnigeria.com be made to mr president that the prosposed committee should use the report of the committee as a working document. The honourable ministers and the head of the civil service of the federation would present the outcome of the meeting on monday septemeber 2 2013. This proposed committee to be constituted within two weeks and shall submit its report within three months.
 
2) MATTERS REFERRED TO THE NATIONAL INDUSTRIAL COURT OF NIGERIA (NICN)
A) The meeting agreed that the NICN Verdict should be implemented in the absense of any order of stay of execution.
b) That tjere shall be an implementation committee with the following members:
- HCSF Alhaji bukar goni chairman
- permanent secretary, federal ministry of labour and productivity member
- permanent secretary, federal ministry of health member
= one representative from each of the five trade unions comprising JOHESU Member
- one rep of the NLC Member
- one rep of the TUC Member
- chairman of assembly of health care professional associations member
- federal ministry of labour and productivity member
- chairman, national salaries, incomes and wages commission member
- director general budget office member
- director, HRM, fedeal ministry of health member
 
TERMS OF REFERENCE
- Non skipping of CONHESS 10 in line with the judgement of the national industrial court
- modalities for the payment of consultatncy and specialists allowance for healthcare professionals in the health sector
- the 2008 job evaluation report and 
- review of retirement age for health workers from 60 years to 65 years
 
The committee is expected to conclude its assignment within four weeks
 
3) In view of the above understanding, the members of JOHESU hereby suspend its ongoing industrial action.
 
4) No member of the unions shall be victimized as a result of the strike embarked by JOHESU
 
SIGNED
- Ayuba Wabba, president MHWUN
- Abdurafiu adeniji - president NANNM
- M.O Akinade GS SSAUTHRIAI
- F.O Faniran president NUAHP
- Peters Adeyemi GS NASU
- Dr G.C Okara Chairman AHPA
- Alhaji Bukar Goni HCSF
- Prof Onyebuchi chukwu Minister of health
- Dr O.C Illioh, permanent secretry FMLP