‘It is time we encouraged trade unionism’
There have been several strikes by government employees demanding salary increments. Among them are the Judiciary and the Anti-Corruption Bureau (ACB). Our Reporter Albert Sharra talks to lawyer and Chancellor College lecturer Mauya Msuku, who is an expert in labour law, to find out if the strikes are valid and how government handle them.
Q: Minister of Labour Henry Mussa was quoted in the media recently as having said these strikes are illegal. In your opinion, are the strikes justifiable?
A: There is a difference between the strike being justifiable and the said being legal. Even where the employees are justified to have a strike, it will still be illegal if it does not comply with the provisions of the law. The Labour Relations Act stipulates procedures to be followed before employees can engage in a strike. Any strike that does not comply with the provisions is illegal. Further, those employees engaged in essential services cannot engage in a strike, so any strike by them is illegal. One cannot, therefore, agree or disagree with the minister unless he has facts on the nature of the services engaged in by the employees and unless he has facts on the organisation of the strike. However, looking at the trend in Malawi, very few strikes comply with the law. One is, therefore, inclined to agree with the minister.
Q:Looking at the situation, how best do you think government should handle the situation?
A: In my view, the best way to resolve and avoid the recurrence of these incidences is to encourage collective bargaining agreements (CBAs). CBAs will stipulate how differences should be resolved. Terms of CBAs form part of conditions of service. Parties are, therefore, most likely to comply with them than general stipulations of the law.
Q: What should be the way forward?
A: I will repeat myself here. The way forward is for the employees and employers to have common ground on dispute resolution usually through CBAs. For this to be achieved, however, the starting point is to encourage employee representation through trade unions. Employers, in this case the government, should encourage trade unions and encourage its employees to join unions. Through trade unions, there is a formal process of negotiations with a specific team.
Q: What do you think has triggered these demands for a salary increment?
A: One cannot say with precision unless one has done some research. Generally, however, whatever reasons one may give, it may be summarised in the increase in the cost of living which has reduced the value of employees earnings. Fall of the currency results in reduced buying power. Inevitably, therefore, this should be one of the reasons employees will demand increased wages.
Q: Are these strikes likely to spread to the private sector, considering that the impact of the falling of the kwacha is being felt across all these sectors?
A: If the demand for increased wages is done in good faith, one should expect the demands to also spread to the private sector because the factors necessitating the demands also apply to those employed in the private sector. It, however, does not follow that those in the private sector will also strike. This may be due to a number of factors including the fact that most private institutions may have fewer employees so it is easier to negotiate with them. Further, I also know of a number of private institutions that have in place negotiation channels, some of whom through CBAs. These also avoid unnecessary strikes.
Q: What is your take on the Malawi labour movement at the moment? The strikes are sporadic. In a normal situation, what could have happened?
A: On sporadic strikes, it just speaks volumes of our labour movement. Largely, this may be attributed to weak or in some cases no trade unions at all. It just shows that the employees are not organised. It must be emphasised that employees’ disorganisation is detrimental not only to the employees but also to the employers. I guess it is time we encouraged trade unionism.
Q: Any last word?
A: Let me reiterate that effective dispute resolution is critical to healthy labour relations which may translate into a healthy economic environment. This can largely be achieved by strong unionism. It is unfortunate that in this era, some employers still have negative attitudes towards trade unions. It is time we encouraged employee representation through trade unions and CBAs. By doing that, we will avoid most of these disorganised and unregulated strikes. The law specifically provides that where there is CBA, employees cannot strike without exhausting the procedures stipulated in the CBA.
