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 87

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