OVER THE YEARS, the phrase; “No Work, No Pay”, has become a recurring instrument of intimidation in the hands of Government officials in Nigeria. Whenever trade unions contemplate lawful industrial action, federal authorities are quick to brandish the so-called clause in Section 42(1)(a) of the Trade Disputes Act (Cap. T8, Laws of the Federation of Nigeria, 2004). This has been wielded not as a tool of justice or industrial harmony, but as a weapon to silence, criminalise and delegitimise the genuine struggles of workers for fairness, dignity, and the fulfilment of agreements.
Union leaders are not anarchists or agitators for chaos. Strikes are not impulsive or frivolous actions; they are the last resort, invoked only after every lawful and conciliatory avenue has been exhausted. Strikes, though disruptive, are often the inevitable response to Government’s own dereliction of duty, its failure to honour agreements, implement negotiated terms, and uphold the sanctity of labour laws.
It is a profound act of hypocrisy for Government representatives to provoke strikes through negligence, indifference, and broken promises, only to turn around and punish the victims of their own failure. Where were these same officials when workers went for months without pay? Where was the invocation of the law when lecturers, non-academic staff and health workers endured unpaid wages and agreed allowances, deteriorating working conditions, and crumbling infrastructure?
The Legal Framework: Understanding ‘No Work, No Pay’
The oft-quoted Section 42(1)(a) of the Trade Disputes Act states: “Where any worker takes part in a strike, he shall not be entitled to any wages or other remuneration for the period of the strike, and such period shall not count for the purpose of reckoning the period of continuous employment.”
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While this provision appears straightforward, it cannot be interpreted in isolation. The same Act, in sections 18–20, establishes elaborate procedures for conciliation, mediation, and arbitration in resolving trade disputes. These provisions exist to ensure that strikes arise only after due process has been followed, and that Government, as the employer in most cases, acts in good faith throughout the process.
Moreover, Section 15 of the Labour Act (Cap. L1, LFN 2004) clearly stipulates that: “Wages shall become due and payable at the end of each period for which the contract is expressed to subsist, and such period shall not exceed one month.”
When Government delays or withholds workers’ wages for months, it is in direct violation of this law. Thus, the selective enforcement of “No Work, No Pay” while ignoring “No Pay, No Work” is hypocritical, unjust, and contrary to the principles of equity upon which industrial relations are built.
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The International Labour Organisation (ILO) and the Right to Strike
The International Labour Organisation (ILO), of which Nigeria is a member, recognises the right to strike as an integral component of freedom of association and collective bargaining.
Key ILO instruments affirm this position such as: ILO Convention No. 87 (1948) on Freedom of Association and Protection of the Right to Organise, and ILO Convention No. 98 (1949) – Right to Organise and Collective Bargaining.
The ILO’s Committee on Freedom of Association has consistently held that the right to strike is a fundamental right of workers and their organisation, provided it is exercised in accordance with national laws and procedures. Furthermore, punitive actions against workers or their unions for engaging in lawful strikes amount to a violation of international labour standards.
The solution to recurring industrial crises lies not in threats or intimidation, but in institutionalising collective bargaining, especially in critical sectors such as education and health. Respect collective bargaining agreements voluntarily entered into with unions, through their implementation.
Therefore, when Government officials threaten to invoke “No Work, No Pay” without acknowledging their own breach of agreements or failure to comply with established dispute resolution mechanisms, they act contrary to both Nigerian law and international conventions.
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The Hypocrisy of Governance and the Reality of Workers’ Plight
It is a profound act of hypocrisy for Government representatives to provoke strikes through negligence, indifference, and broken promises, only to turn around and punish the victims of their own failure. Where were these same officials when workers went for months without pay? Where was the invocation of the law when lecturers, non-academic staff and health workers endured unpaid wages and agreed allowances, deteriorating working conditions, and crumbling infrastructure?
To label workers’ legitimate struggles as acts of rebellion is to deny the very foundation of social justice. Every strike action represents accumulated frustration, a collective cry for respect, for fairness, for the basic human right to decent work and livelihood.
Patriotism and the Nigerian Worker
Let the truth be told: no one is more patriotic than the Nigerian worker!
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It is the worker who builds, maintains, and sustains the nation, despite poor pay, unstable conditions, and unfulfilled promises. It is the children of workers who attend overcrowded public schools, not the children of high-ranking Government officials who study in elite private or foreign institutions. It is the families of workers who bear the hardship of every industrial dispute, and the same workers who, when strikes are suspended, return diligently to clear the backlog and restore normalcy.
Industrial harmony cannot be achieved through coercion; it thrives on mutual trust, respect, and compliance with both national and international labour standards. The time has come for Nigeria to rise above intimidation and hypocrisy, and to embrace the principles of fairness, justice, and collective dialogue as the foundation of a truly democratic labour relations system.
The resilience, sacrifice, and commitment of Nigerian workers are unmatched. To threaten them with “No Work, No Pay” is to insult their patriotism and erode the very fabric of the nation’s development.
Towards Institutionalising Collective Bargaining
The solution to recurring industrial crises lies not in threats or intimidation, but in institutionalising collective bargaining, especially in critical sectors such as education and health. Respect collective bargaining agreements voluntarily entered into with unions, through their implementation.
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Collective bargaining, when properly anchored in law and practice, provides a structured and transparent mechanism for negotiating employment terms, resolving grievances, and ensuring mutual respect between employers and employees.
The Trade Unions Act, Trade Disputes Act, Labour Act and Nigeria’s ratified ILO Conventions 87 and 98 already provide a strong legal foundation for this. What is required now is the political will, the commitment of Government to honour agreements, respect due process, and see trade unions not as adversaries but as partners in national development.
Conclusion: The Way Forward
To those who constantly threaten us with “No Work, No Pay,” we say: try “No Pay, No Work.”
Respect agreements. Honour the law. Treat workers with dignity and justice. When workers are treated fairly, there will be no need for strikes.
Industrial harmony cannot be achieved through coercion; it thrives on mutual trust, respect, and compliance with both national and international labour standards. The time has come for Nigeria to rise above intimidation and hypocrisy, and to embrace the principles of fairness, justice, and collective dialogue as the foundation of a truly democratic labour relations system.
Comrade A. Adeyemi is the General Secretary, Non-Academic Staff Union of Educational and Associated Institutions (NASU)
