Gov't deems doctors’ strike action as illegal - Felix Kwakye Ofosu

Felix Kwakye Ofosu has described as "illegal" the strike action embarked on by medical doctors in the country since it contravenes the laws of the country.

Felix Ofosu Kwakye posits that doctors fall under the category of public sector workers who render ‘essential services’ and therefore not permitted under Section 163 of the Labour Act to embark on strike.

Explaining to Radio Gold on Monday morning, he stated that the declaration by the members of the Ghana Medical Association (GMA) to withdraw all out-patient services starting April 8, 2013 infringes the Labour laws which regulate the services of public sector workers in the country.

He cited Act 651, Section 163 of the labour law which spells out how public servants should conduct themselves, asserting that the doctors have contravened this provision and so, the onus lies with them to attend to patients.

Doctors are on strike in protest over unpaid allowances and market premiums.

The doctors are only attending to emergency cases and have vowed not to return to work until their concerns are addressed.

Already, government health facilities across the country have been gravely affected by the industrial action as patients are turned away.

Nonetheless, the Information Deputy Minister designate says: “Government deems this strike action embarked upon by doctors as illegal. It is illegal to the extent that it violates several provisions of our labour laws. Indeed, Act 651 or the Labour Act, 2003 clearly spells out how labour relations are to be conducted in this country. Doctors fall under this category of public sector workers and therefore it is inexplicable that in spite of being fully aware of this provision in our labour laws; our doctors would embark on this strike action.”

He further stated that “another provision which this action violates is Section 158, which enjoins all parties in a labour dispute who have submitted themselves for arbitration to abide by the ruling or what is known as the arbitral award that is given by the Arbitral panel.

In this instance, it is the National Labour Commission which mediated between the doctors on one hand and the Fair Wages and Salaries Commission on the other hand…Section 158 of our labour laws make it clear that all parties are bound by the ruling that is given by the National Labour Commission.”

He therefore insisted that the doctors’ recent action is “strange and completely illegal for doctors to embark on the strike action they have embarked upon today and therefore I think that they will be minded to call off the strike, and attend to their responsibilities because it is completely not in the interest of the country. It is against the country’s laws for them to continue in this particular week.”