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Doctors’ strike — Why again?

Prior to the implementation of the single spine, health workers were on a salary scale called Health Sector Salary scale (HSS).

When doctors were migrated onto the single spine, the basic salary on the single spine was lower. Now, the pension deduction is made solely on the basic salary and it is against international labour regulations to make a worker worse off, migrating from one pay scale to another. This worse off could be in terms of overall take home or pension deductions.

Now, according to the government white paper governing the single spine, whenever the single spine's basic pay is lower than the basic pay of whichever scale one is migrating from, an amount called Conversion Difference is to be paid to that individual to bring the person to parity with the salary on the pay scale being migrated from. This has a two prong effect first, it ensures that nobody takes home a reduced salary and second, that the person’s pension is maintained.

When the single spine was implemented for doctors, the conversion difference was paid and everything was fine until we realised that our pension deductions had gone down.

When we made enquiries, it came to light that the Fair Wages and Salaries Commission (FWSC) had given the order for the conversion difference payment to be stopped. We raised the issue with our sector ministry and amidst denials from the FWSC; they eventually accepted that they had given the go ahead for the Controller and Accountant Generals (CAGD) to recover the conversion difference. A series of meetings ensued, culminating in the Ministry of Finance communicating to the CAGD not to recover the conversion difference until the issues have been resolved. 

The FWSC, demonstrating their penchant for breaching every agreement reached, unilaterally instructed the CAGD to recover the conversion difference. Since January 2012, every attempt to get it restored has proved futile. Which institution has not been consulted? You name them, The National Labour Commission, Ministry of Health, Office of the President and even National

Security. They all demonstrate remarkable understanding of the issues and yet do nothing about them.

The other thorny issue is the market premium. Again according to the Government White Paper on the single spine, this is an amount paid to attract and retain some skills that are in short supply.

A negotiating committee was set up and when there was a deadlock, the NLC called for compulsory arbitration and gave a ruling. The ruling, just like the proposal from the FWSC as well as from the GMA, was a percentage of the base pay.

This ruling was given in 2011 but the single spine took retrospective implementation from 2010. It so happened that the 2010 base pay was lower than the 2011(because there was a 10 per cent raise for 2011).

When it came to the implementation of the market premium for 2010 the, FWSC rightly calculated it based on the 2010 base pay, which was lower than the 2011 base pay. In 2011, the market premium again was a percentage of the basic salary exactly as the Labour Commission had instructed.

Come 2012, the FWSC, demonstrating their contempt for the NLC ruling, unilaterally decided not to pay the market premium as a percentage anymore.

So while the prices of goods and services were going up by the day, doctors’ purchasing ability was reduced with the stroke of the FWSC’s pen. Yes, just like that! The Ghana Medical

Association has been seeking an amicable solution to this injustice. The concerned state institutions accept the fact that we have been cheated but nobody is bold enough to correct the wrong.

As far back as May 2012, after a National Executive Council meeting at the M Plaza Hotel in Accra,  a roadmap was drawn and rolled out. Soon after, there were all sorts of meetings with the various stakeholders, notably the National Security. The roadmap was suspended because of these "favourable" overtures from government.

As to be expected, all the institutions mandated to deal with these issues went to sleep as soon as the threat was removed. The  GMA sent the issues to the NLC in October 2012. The NLC called for compulsory arbitration and wrote to both GMA and FWSC to confirm the issues to be arbitrated on which was duly obliged.

On the day that the arbitration was to commence, however, we were told that one of the arbitrators had developed diarrhoea and a new date was to be communicated to us. We pushed and shoved and still, NLC refused to call for the arbitration. The diarrhoea never resolved, well into months.

In November 2012, at our Annual General Conference held in Cape Coast, members assembled resolved to reactivate the roadmap but because of the impending elections, it was to take effect two weeks after the swearing-in of the incoming government.

At the first National Executive Council meeting of the GMA held on January  25, 2013, the roadmap was reactivated. Shamefully, the NLC, which had declined a meeting all this while, suddenly found its voice to call for one. At the meeting, their main preoccupation was to get the GMA to remove the threat of a strike and not to solve the problem.

After hearing both sides, the NLC ruled that their earlier decision in which the market premium was a percentage of the basic salary should be respected. In fact, the NLC chastised FWSC for unilaterally varying their ruling and admonished them to refrain from such actions.

As to be expected, even after the NLC ruling, FWSC refused to budge. Our expectation at this point was for the NLC to go to court to enforce their ruling according to the dictates of the Labour Act. NLC never enforced their ruling till early February this year when GMA again reactivated its roadmap.

Soon after, there were all sorts of promises and committees with one set up to be chaired by the vice president. Good faith was exhibited by GMA and the strike was called off after two days.

The vice president committee is yet to call for its maiden meeting and rightly so! Afterall the strike is off!

Whilst waiting for the Vice president committee, the GMA again called on the NLC to enforce their ruling. After two meetings, FWSC finally accepted that they have erred and agreed to pay the arrears.

A committee chaired by the director of grievances, Cornelius Yawson, met us twice. At the second meeting, Mr Yawson refused to sign the minutes compiled by his own lawyer because he insisted on using the caption “interim market premium.” 

What was never in contention and which was duly captured by the minutes was that FWSC owed doctors 14 months arrears back in February 2013. At this meeting, FWSC proposed a payment schedule starting in March 2013.

GMA reasonably had backed down on its insistence of a one tranche payment to a three month schedule without breaks as against FWSC schedule with breaks.

You can then imagine our surprise when, at a meeting to finalise the payment schedule three weeks later, the CEO of FWSC suddenly insisted that the arrears were only for 2012 and even while paying the arrears for 2012, the market premium for the months in 2013 would be based on 2011 figures. This basically means that after 2012, doctors salaries will actually reduce in 2013! The NLC ruling being trampled upon by FWSC again!

This issue was sent to NLC and to my chagrin, the NLC, whose ruling is being varied by FWSC, now begged us to accept FWSC’s proposal! NLC backed their cowardly act by ruling that they had “adopted” FWSC’s schedule with no mention whatsoever made of the 2013 arrears! NLC committed suicide by allowing government to dictate to them. Now we have two contradicting rulings from the NLC, accounting for why NLC cannot describe our strike as illegal.

If NLC had gone to court to enforce their ruling when FWSC refused to abide by it, there would still be trust for the NLC. For now, all trust and respect for the NLC is gone. As for the FWSC, the least said about it, the better. Now that government has resorted to propaganda and lies instead of seeking solutions, we must brace ourselves for a long haul.

Article by Dr Frank Owusu-Sekyere

Writer’s e-mail: [email protected]

The writer is Chairman, Greater Accra Division of  the Ghana Medical Association(GMA)

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