147. It is to be noted though, under section 76(2) of the EReA, that a worker shall also have the
right to strike where –
(a) the strike relates to a major health and safety issue that may jeopardise the life and
security of any worker, unless the worker has been transferred forthwith to another
workplace which is safe and without risks to health; or
(b) more than 50 per cent of the workers of an enterprise have not been paid
remuneration within the prescribed period,
and the Minister has been notified and remedial action has not been taken by the
employer within a reasonable delay fixed by the Minister.
148. Generally, strike is initiated whenever disputes referred to the Commission for Conciliation
and Mediation (CCM) has remained unresolved and the trade unions, a party to the dispute, have
declined the recommendation of the CCM to have the disputes referred to the Employment
Relations Tribunal.
Table 26: Disputes/Cases dealt with at the level of the Employment Relations Tribunal
2016
2017
No. of Disputes Lodged
143
174
Including disputes referred by CCM
52
96
Disputes disposed (through conciliation and
agreements between parties)
104
129
No. of Awards
20
18
No. of Order
6
8
No. of Rulings
4
7
No. of cases/disputes disposed
201
164
No. of cases still pending
53
63
Source: Ministry of Labour, Industrial Relations, Employment and Training
149. Under Section 46 (5) of the Public Procurement Act, any procurement contract must include
a clause to guarantee same remuneration rates and conditions of work of the workers engaged in
the execution of the contract as those established for work of the same character in the trade
concerned by collective agreement applying to a substantial proportion of the workers and
employers in the trade concerned; by arbitration awards; or by Remuneration Regulations made
under the Employment Relations Act.
150. Government proposed, in the Budget 2019/2020 to increase the Margin of Preference for
contracts under public procurement for locally manufactured products by SMEs, from 20% to
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