2015-10-31

Asian-owned factories operating in Nigeria are seldom ever seen in flattering light. And the claims of workers in such companies sometimes verge on the bizarre. In one Lagos-based factory, for instance, female employers are forbidden to get pregnant while in their employ. Their male counterparts do not fare any better; they are barred from owning cars. ISIOMA MADIKE, who peeped into one of such firms, reports the other dreadful happenings within these factories

Therapeutic Laboratory (Nig.) Ltd, an Indian Pharmaceutical Company is situated at N0 372 Ikorodu Road, Maryland, Lagos State. The company is walled with a fence that makes it impossible for an outsider to peep into it. It has no identifiable signage. Inside the large compound are two gigantic buildings: a storey edifice housing both the giant store and the executive offices of the Indian bosses and a few lucky Nigerians.

The other is the factory where workers toil on a daily basis. The company manufactures wide range of products, including Thiocal 12, a blood tonic, Kidi Kufdryl cough linctus for infants, Kufdryl expectant and Mucolytic. Others are anaesthetic Polycaine suspension, Antacid, Malagon, Pilicon for pile, Lumether forte for adults, Lumether junior, Theralox caplets, an antibiotic for typhoid and Cypri gold syrup.

A former staff of the company, who identified himself simply as Kayode, was first employed as the production supervisor in 2003, but was sacked in 2004 without reasons or compensation of any kind. He was, however, lucky to be recalled in January 2007, through one Haruna Veragiri, his former plant manager.

When he contacted the Indian, Kayode was told to return to his work because “we realised that you are hardworking and was wrongly sacked.” Kayode’s salary was thereafter increased from N11, 500 to N15, 000 while the casual workers (mainly girls) who form about 90 per cent of the workforce, received a paltry N250 per day.

The romance, however, was not to last as Kayode was again sacked in 2012, this time for fighting some of the perceived injustices meted out to the casual workers under him. He also alleged that the sack was to prevent him from receiving any entitlement as he was two months away from five years with the company.

“Workers that stay up to five to 10 years are supposed to be paid certain amount of money at retirement. But,they always find a way of circumventing this,” Kayode further alleged. According to him, “when I rejoined the company I discovered that the casuals were still being paid N250 per day, which accumulates for two weeks before payment is made.

The girls are the ones responsible for packing the drugs. And because I was directly supervising them, I knew what they go through and many of them were not happy but were only ‘managing’ and grumbling because they had no option. “Then, I started persuading my immediate boss, an Indian to press it on management to increase their pay.

At a point, most of the girls refused to come to work. The managing director, Mr. Lavani, called me to his office and asked why the girls were not coming to work and I told him that they are complaining about their little pay. He then directed me to forward their names for him to increase their wages, which I complied with but none of the affected girls lasted for two months after that exercise; they were all fired.

“We were not entitled to medicals, no leave and no increment of salary. In fact, there are no entitlements for the Nigerian staff, except the few of them in very top positions. I was sacked the second time because I spoke out and for me not to make five years in the company so that I won’t be paid anything.

Do you even know that the workers are not allowed to make calls within the premises? If you do and you are caught, such staff would be surcharged N1, 000,” Kayode said. He claimed that the organised labour union was at the company on a number of occasions.

“They even interviewed some of us but after they met with the MD, the issue died a natural death. We didn’t hear from labour again, fuelling our suspicion that they might have been settled. “But, they are not alone. The National Agency for Food, Drug and Administration Control (NAFDAC) officials also frequented this office.

The Indians are ever ready to pay anything as bribe and they brag about it. Sometimes they taunt us by saying that our officials are corrupt and that they can do anything and get away with it,” Kayode said. He also alleged that the management of the company often evades tax.

This, Kayode said, once prompted the Fed-eral Inland Revenue Service (FIRS) officials to storm the company and sealed up the premises. “The office was closed and everybody sent out of the building, including the MD. Later we were told that the MD gave them N5 million as part of the tax they did not pay for years and bribe too and they left. They enjoy paying bribes than going through the normal channel.” Yet, Kayode’s case was a mild one. Another sacked staff, James, was the company’s marketing manager.

His fate came because he bought a car. To the Indians, the man must have stolen money from the company to buy that because they do not believe what they pay the Nigerians, irrespective of nomenclature, would be enough to get one a decent living. So, they sought for flimsy excuses to sack the man.

However, James was just four months away from 10 years in that company when his sack letter was delivered to him. Like James, a lady, who identified herself simply as Tinuke, who worked for about eight years in the company, was treated in a similar fashion. She has had two children before her sack.

When she was pregnant with her third child, the company brought out a policy, which prohibited anyone from getting pregnant. The policy became: “Get pregnant and be sacked.” That was how Tinuke lost her job. The company was said to have been forced by NAFDAC to provide meal ticket to the workers.

Though, findings revealed that it complied with the directive, but what they later pay members of staff was N100 and casuals 75 kobo per day. The workers’ salaries were also deducted when they failed to report for duty. “If it is Friday, three days money will be deducted. They sack and employ casuals at will.

Sometimes, if they sack and the person is still willing to continue, such a person may be considered but without any formal appointment letter so that he or she won’t be entitled to any claim even when such a staff decides to work for another 50 years.

They just take the paltry salary and the accompanying insult, that’s all,” said one casual, who spoke on condition of anonymity. She did not stop there. She alleged that an Indian, who heads the accounts department, once taunted them when his wife fell sick and was taken to the hospital.

“To our surprise, the Indian said they do not take the drugs manufactured in the company. We bought directly from India. ‘The drugs manufactured here are for your market alone,’” he said, laughing. Several attempts made to speak with the management of the company met a brick wall.

The man who first received this reporter, Solu Lavani, an Indian said the MD was out of Nigeria but promised to get in touch when he returns to the country. After one week, Solu called the reporter’s telephone line with a concealed identity, to announce that the MD was back and was willing to speak with Saturday Telegraph.

Incidentally, when the reporter returned to the company for the chat, another Indian who claimed to be the operations manager and identified himself simply as Ashok M. told Saturday Telegraph that the MD was no longer willing to see the team for any discussion except if “you can come back by April next year.”

Though, Ashok said that was not a guarantee that his MD would eventually speak to the press. Efforts to get NAFDAC management to react to some of these findings, particularly on why the owners of the company allegedly seem not to have faith in their products, failed as texts sent to its Director (Special Duties), Abubakar Jimoh, was not replied.

Also, calls put to his line were neither answered nor returned. However, many other Nigerians equally have tales of inhuman treatment from their Asian employers. But, they have had to endure due to lack of employment in the country. Some have had to survive by accepting casual employment, even though they are more qualified than their Asian counterparts. For instance, Banke Afolabi, a degree holder and native of Kwara State, is engaged by Noble Hair Extensions owned by Rebecca Group Incorporated of China as a casual worker.

The factory is located at Iju Road in Lagos State. Like most casual workers in the factory, Afolabi did not get the job on a platter of gold. Those seeking employment in the firm, according to her, file out two times a day in the morning and in the afternoon hoping to be hired. They are barred from going beyond the gate as they stand in long queues, even during the rains, waiting to be called in.

Whenever the gate slides open, the mad rush begins as the Chinese make a show of picking the strongest-looking labourers, mostly girls. Just like Therapeutic Laboratory (Nig.) Ltd, there is no signboard to show that a company that engages in production of hair products is located in that neighbourhood.

Only the sudden bust of workers moving in or out of the factory at dawn and dusk or the programmed movement of trucks to bring in raw materials or evacuate finished goods indicate that such high volume of businesses goes on within the high walls of the secured premises. Moreover, the workers are paid a paltry N350 per day as wages, which they collect on a monthly basis.

To gain employment into the company, the new workers are asked to line up in two files immediately after passing through the second gate. After that information which include their name, date of birth, address, name of their next of kin, date of employment and their phone numbers as well as kin’s details are taken.

However, getting hired as a casual worker in the company requires more than just the willingness and ability to work hard and carry out physically exerting jobs. The scramble for available openings every morning is more hurtful for young female job seekers, who mix freely with the young men.

Feminine decorum and decency are flung to the winds in their quest to secure and retain their jobs for some period. “There is no resting once the work starts. One of the young Chinese, who operates like a general manager, lust for local girls. He had put some female colleagues in the family way without assuming paternity,” alleged one of the casuals, who told Saturday Telegraph she had been with the company for about a year now.

The rate of turnover at Nobel is high. The company employs about 50 people every week and sacks without recourse to conviviality. It does not take responsibility for anyone involved in any kind of industrial accident in the course of work. When inquired, a man who claimed to be the manager of the company, refused to either confirm or deny the allegations of the workers. He also refused his name in print and simply directed the reporter to book a two months appointment with their head office at Amuwo Odofin and wait for response.

X-PRESSION, another company comprising allegedly two independent firms, Solpia and Linda, mistreat their workers too. While Linda produces all sorts of weaves and has operated for 13 years now, Solpia is into attachments and has been in existence in Nigeria for eight years. They are owned by a Korean and employ a combined 80 new workers every week.

There used to be millions of people who go for casual jobs in the company on a daily basis. But, since the employment matter was contracted out to a consultant, the number has thinned because of the money involved. At present, prospective candidates need to cough out about N2, 500 to collect employment form.

According to Livinus Chinemere, supervising security officer with the company, “management just realised the high number of applicants and decided to hand it over to an agency named Amalya Consults limited, located at 3, Tunji Adebayo Street, Fagba Bus Stop, Iju, Lagos.

The applicants are supposed to pay the sum of N2, 500 in which N500 would be used for opening an account with Diamond Bank if employed and the remaining N2, 000 for medicals and agency fees.” Before now, workers of Linda had protested against the casualisation policy of the company, necessitating labour unions backing of their action.

President, National Union of Textile Garment Workers of Nigeria, Comrade Oladele Hunsu, who frowned at such policy, urged the Nigeria Labour Congress (NLC) to set up a committee to prevail over the matter.Also, Trade Union Congress (TUC) boss, Bobboi Bala Kaigama, described casualisation as a serious issue, saying they have met with some foreign embassies in Nigeria over the matter.

It would be recalled that some factory workers of Linda embarked on a peaceful protest last year October alleging exploitation by their employer which they claimed, led to the death of their colleague. The workers protested to the Lagos State House of Assembly over alleged poor condition of service even as they claimed that one of their colleagues, Nnamdi Solomon, died due to maltreatment by the firm.

The leader of the protesters, Vincent Victor, said: “Solomon went to complain to the management that he had stomach pains but he was not allowed to go home until the closing hour which led to his death because of the severe pain.” However, the company through its assistant general coordinator, Ita Valentine, has put a lie to the revelations of the workers.

He though aligned with some of the things said but faulted the fact the workers earn poorly and are treated badly. “Workers are paid according to the department in which they belong. Some earn more than others but the least paid is N20, 000 per month.” Yet, these uncivilised conducts are not limited to Asian-owned companies.

The Lebanese companies are also into these hateful practices. For instance, Ikponwuse, a native of Benin, who worked in the factory of a generator-producing company at Ogba in Lagos, has his own sorry tales. The company is known for the manufacturing of industrial generating sets. It is a household name in the country.

He joined the company in 2010 where he earned N4, 800 per month as a casual factory worker before he was forced out of the company after he sustained a serious injury from an industrial accident. He was given N25, 000 as compensation and was sacked two months later for he was, according to the company, no longer useful. A few years back, some 200 workers in a factory at Ikorodu, on night duty were also roasted alive because they were locked inside the factory without any outlet in case of emergency.

The factory, West African Rubber Products Company Ltd (WARP) is owned by Lee Group of Companies. The Chinese employers had locked the doors of the workplace and gone home with the keys as a labour control measure. A massive fire swept through the rubber slippers/ aluminum spoon/bottled water factory in the early hours of Monday, September 16, 2002, at Odogunyan in the Ikorodu area of Lagos State. It was a long existing practice aimed at preventing the workers from pilfering on their employer’s products and raw materials.

The incident was described as the worst tragedy in the state after the January 27, 2002, bomb explosions at the Ikeja Cantonment that left over 1, 000 people dead and several thousand homeless. The practice of casualisation has, somehow, become a perennial one by various employers of labour in factory environments, especially among investors of Asian and Lebanese stock. Though, government factory inspectors are supposed to checkmate this trend, their inspections have not been effective.

At such, the practice has become a permanent feature of the nation’s work place. This is in spite of the sustained and determined campaign by labour unions over the years. Nigerian workers across all factory environment owned by the Asians and Lebanese have become endangered and prone to accidents, which ranges from minor to fatal.

While some have lost their lives right in the line of duty, others have vital organs, destroyed and therefore rendered permanently incapacitated. Though, the frequency of fatal industrial accidents is very alarming, it is said that these Asians and Lebanese conceal such cases and secretly negotiate lopsided compensations.

In most of the cases, management of these companies arrogantly pays out paltry sums to the families of victims in both deaths and permanent disabilities. Nowadays, the safety issue and health at workplace, which once occupied a major place in the programme and plan of employers, is treated with levity by those Asian and Lebanese.

Some of the victims, who have suffered major injuries like loss of their legs, are often dismissed after receiving tokens that the companies give out on ‘compassionate’ grounds. This, perhaps, is due to the fact that the Workmen Compensation Act that is supposed to address issues of industrial accidents in the country has only been observed in the breach. The rampant ‘union-busting’, arbitrary pay cuts, unwritten job contracts, and none payment on maternity are the conditions at these Asians and Lebanese-owned companies.

The dehunmanisation treatment being meted out to workers in Nigeria has often been likened by some Nigerians to that in pre-industrial revolution Britain. At present, workers’ health, safety and dignity are flagrantly being violated despite the relevant factories’ acts and laws of the land.

While all bosses seem to exploit workers, the Asian and Lebanese bosses are generally seen to be the worst. However, these actions run contrary to provisions of the Factory Act 1987, cap 126 Laws of the federal republic of Nigeria 1990.

Under the Act, the director of factories at the Federal Ministry of Labour and Productivity is responsible for periodic inspection of various factories/industrial establishments to ensure compliance with the various health and safety provisions of the Factories Act by factory owners across the nation.

Similarly, section 7 (1) of the Labour Act 1974, cap 198 laws of the federal republic of Nigeria 1990, is to the effect that not later than three months after the beginning of a worker’s period of employment with an employer, the employer is required by law to give a written statement of employment to the worker stipulating the various conditions of employment.

This, therefore, limits the period of casualisation, which has become prevalent in labour circles, to three months, if any. Incidentally, the factory inspectors, if and when they do visit the factories, allegedly look the other way while employers of labour violate and flout the various safety and health regulations with impunity. Former Secretary General of Organisation of African Trade Unions Unity (OATUU), Comrade Owei Lakemfa, is of the view that these policies are a measure of the premium the government places on her citizens.

According to him, even the federal government has some of these in most of its establishments. “So, it is not limited to Asians or Lebanese. Perhaps, they are taking a cue from their Nigerian counterparts. The labour laws are there; they have always been there. But, are Nigerians willing to obey them? In like manner, the executive director, Civil Liberty Organisation (CLO), Comrade Ibuchukwu Ezike, called it a barbaric, inhuman and lawless treatment that must be put to stop. “We are also worried by the fact that Nigerians are recruited by both indigenous and foreign employers of labour as casual and contract staff, an act that gravely undermines human rights and International Labour Law.”

Reacting to the issue, former President General of the Trade Union Congress of Nigeria (TUC), Comrade Peter Esele, described such policies as a continuous and flagrant abuse of the laws of Nigeria by employers, particularly in the area of expatriate quota abuse.

According to him, the institutionalisation of flexible employment models globally, as championed by the World Trade Organisation (WTO) fuelled the enslavement of workers through casualisation and contract staffing. In his opinion, executive director, African Centre for Leadership, Strategy and Development, Dr. Otive Igbuzor, said it was rather unfortunate that issue of workers right, appropriate strategy and development approach has not been the major issues of national discourse but rather leaders are concentrating on zoning at the expense of improved welfare for the masses.

He observed that the national and international instruments have been devised to protect workers’ rights, which have been codified in national laws and international labour conventions and recommendations of ILO in addition to constitutional provisions, which also confer on them certain rights as citizens.

Additional report from Ngozi Ogbolu and Chinyere Onah

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