Labour laments poor working conditions in private institutions

*Decries indiscriminate establishment of tertiary institutions

*Rejects calls on FG to fund private varsities through TETFUND

THE poor working conditions of workers in the private educational sector in Nigeria have become worrisome that it can no longer be ignored.

It is no surprise that the issue was a major discourse during the 8th Quadrennial National Delegates’ Conference of the Non-Academic Staff Union of Educational and Associated Institutions, NASU, held in Abuja, the Federal Capital Territory, FCT.

In a communiqué issued at the end of the conference, members of the union blamed the harsh conditions of workers in the private educational sector to the absence of unions and among others, called on the government to stamp its regulatory in the institutions.

The communiqué signed by NASU’s President and General Secretary, Dr Makolo Hassan and Prince Peters Adeyemi, respectively, contended that the Nigerian Constitution, and International Labour Organisation ILO, Convention, guaranteed the right of every person to form and belong to any trade union of his or her choice.

According to NASU “Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees the right of every person to form and belong to any trade union or Association for the protection of his/her interest. The  International Labour Organisation, ILO, Convention 1948 (No. 87) safeguards the rights of Freedom of Association and the Right to Organize.    The ILO Convention 1949 (No. 98) guarantees the Right to Organise and Collective Bargaining.  The Nigeria Trade Unions Act (as amended) guarantees the right of recognition of a Trade Union by an employer.

Despite these laws and conventions, members of NASU lamented that  “employees in this private educational institutions are denied the right to join unions by the Managements of these institutions.”

The union recalled “that efforts to unionize workers in privately-owned educational institutions, notably Universities, Polytechnics and Colleges of Education have been thwarted by managements of these Institutions.”

Hence it was resolved “that the Conference-in-Session calls on the Federal Ministry of Labour and Employment, in its role as the regulator of industrial relations, to ensure that managements’ of these institutions comply with the provision of the Constitution of the Federal Republic of Nigeria, the Trade Union Act, and International Conventions relating to this matter.

“The Conference-in-Session mandates the National Headquarters to take all administrative and legal actions aimed at unionizing potential members of the union in those private institutions.”

Establishment of tertiary institutions

NASU members at the conference faulted the indiscriminate passing of Bills for the establishment of tertiary institutions by the National and State Assemblies.

They expressed concern by the fact that the Federal and State Governments have not been able to adequately fund existing tertiary institutions in the country, warning that if the current trend of the indiscriminate establishment of these institutions continues unabated, it will erode the gains of having qualitative tertiary institutions in the country.

Consequently,  the Conference-in-Session resolved to call on the National and State Assemblies to immediately discontinue the passing of bills for the establishment of tertiary institutions that may not be adequately funded.

“The Conference-in-Session calls on the Federal and State Governments to put an end to indiscriminate establishment of tertiary institutions at the expense of the growth and development of the existing ones.”

Funding private varsities  

On the calls for the Federal Government to fund private universities through the Tertiary Education Trust Fund, TETFund, the union noted that there is no doubt that private Universities are contributing in the development of manpower in the country.

It however argued that the compelling reasons for the establishment of private Universities is rooted on profit, thereby putting them in the realm of commercial enterprises, as exemplified by the exorbitant school fees they charge.   Government therefore has no business funding these Institutions.

Realizing that TETFund is a product of collective bargaining with a Union in the education sector, NASU’s “Conference-in- session therefore resolved, and calls on the Federal Government to discountenance any request and pressure coming from any quarters aimed at the utilization of public funds to finance private enterprises.”

Collective bargaining 

Another issue that was of concern to members during the conference is lack of Collective Bargaining in tertiary education, teaching/specialist hospitals and research institutes sectors.  

NASU insisted that Collective Bargaining is a fundamental right, guaranteed by the International Labour Organisation, ILO, Convention, 1949 (98), which sets out the terms and conditions of employment pay, benefits and working conditions; rooted in ILO Convention and affirmed as such in the 1998 ILO Declaration on Fundamental Principles and Rights at Work.

According to the union, disagreements between employers and employees did not start today neither will they end tomorrow, therefore collective bargaining is a key process of industrial relations, through which the conflicting interest of employers and employees are negotiated thereby pathing way for a smoother relation between them.

The union noted the obvious enormous advantages of collective bargaining in the furtherance of industrial peace and harmony in the workplace, as being witnessed in the private sector and the core civil service of Nigeria.

It expressed sadness that the Federal Government has failed to institutionalize Collective Bargaining in the Tertiary Education, Teaching/Specialist Hospitals and Research Institutes sectors of the public sector and this is at the heart of the incessant strike actions that take place in the sectors.

NASU members resolved that “Conference-in-Session calls on the Federal and State Governments to institutionalise Collective Bargaining in these sectors by establishing Negotiating Councils for the sectors as has been done in the core civil service where the Federal Government has established Public Service Negotiating Councils 1, 2 and 3.”