Investment into oil and gas business is not peculiar to Dangote. We have above 8 FPSOs active in Nigeria and only Egina field cost about 18bn USD. Almost all workers on that field are Unionised. We have other oil and Gas facilities invested into by both IOCs and LOCs and no one has made this a basis for workers not to exercise their rights. Dangote Refinery stands at about 20 billion USD and that will not be a reason we will not be allowed to breathe again.
Dangote is not anywhere close in investment to the 36 states of Nigeria and Federal government who have all allowed workers to exercise their rights to collective bargaining by joining various union of their choice.
Dangote has invested but his investment is not close to that of Total, Chevron, Mobil, Shell, NNPC, NLNG, BakerHughes, Schlumberger and a host of others. So the argument and narrative that Dangote has invested so he can be a law unto himself does not hold water. All those companies mentioned above are all Unionised by PENGASSAN and they are profitable and doing well.
It is good that Dangote invested his money and we appreciate that but that will not be enough reasons for him to act against workers fundamental right.
It is absolute crass sentiment for many to say union should go and build their refineries if they must unionise workers. Those people saying that should point us to refineries or Companies owned by unions elsewhere in the world.
The unions are free to unionise workers in any company voluntarily. Almost 820 employees of Dangote have voluntarily chosen to be part of PENGASSAN without any form of coercion from the union. Dangote management went round to confirm this individually from their workers and it was after then they sacked all of them in the guise of reorganisation that doesn’t exist.
The only business Dangote has in unionism is to deduct and remit employees dues upon instruction. It is a MANDATE and not open to discussion or approval by Dangote Management.
Section 5(3) of the Labour Act is clear and unambiguous.
Labour Act, Section 5(3)(a) & (b):
Authorization: An employer MUST make deductions from the wages of workers for the purpose of paying contributions to a recognized trade union.
Voluntary Contributions: Deductions for unions specified in Part B of Schedule 3 of the Act require a written acceptance from the worker to make voluntary contributions.
Remittance: The employer is obligated to pay the sums deducted to the union.
*No more no less*
Section 12(4): This states that membership of a trade union shall be voluntary, and no employee shall be forced to join a union or be victimized for their membership or lack thereof.
Section 11: This section prohibits the restriction of the right to form or join a trade union on discriminatory grounds.
Constitutional Basis:
Section 40 of the Nigerian Constitution: This foundational right ensures the freedom of association and assembly, which includes the right of workers to form and join trade unions.
Implications for Employees:
Voluntary Membership: Employees have the legal right to choose whether or not to join a trade union.
Protection from Victimization: Employers are not allowed to dismiss, penalize, or discriminate against an employee for their decision to join or not to join a trade union.
Right to Associate: Workers have the liberty to associate with others to protect their interests through collective bargaining.
Many senior workers in Dangote today are earning less than 150K carrying out duties that are highly risky and not health friendly. Many Dangote workers have died with no recourse to proper settlement from Dangote management. It was Dangote employees that approach the union to freely associate when they could no longer take it.
Let us all look at the inordinate letter reorganisation from Dangote that is already is the social media and we will see that all the people copied in that letter holding meaningful position in the company are all Indians. As if those jobs can not be done by Nigerians. Nigerians today hold position up to MD is many IOCs (International Oil Companies) but they are not fit for purpose at Dangote Refinery.
Bayo Ojulari and Musa Keedah were both MD in Shell and DMD in Total Energies respectively.
Dangote knew he cant allow Nigerians to hold key positions in the business because he knows Nigerians will not allow him to treat workers the way he is at the moment. Oil and gas is capital intensive and part of those high cost is workers renumeration.
Anyone who is provoking any action that can lead to crisis in the oil and gas sector of our economy is the real enemy of this Nation. Dangote must recall back all the sacked workers to pave way for meaningful discussion as provided by the law as regards the right of workers to collectively bargain.
The Renewed Hope Agenda of Mr. President must not be sabotaged by anyone and that includes Dangote. Anyone who is going against established and know law is a sabotage and the workers will not fold their hands to allow Dangote denigrate what had been established before Dangote.
Any attempt for any employer to trample upon the Constitutional rights of workers will vehemently be resisted. It is high time Nigerians from all works of life speak some truth to Dangote so that he can come down from his high horse and behave lawfully.
Solidarity forever.
Bosun Olabiyi is the Oyo State Chairman of the Trade Union Congress (TUC)
