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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cambodia (RATIFICATION: 1999)

Articles 2 and 3. Fixed-duration contracts. The Committee notes the information submitted by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014 that the steep rise in the use of fixed-duration employment contracts, particularly in the garment industry, has had the effect of avoiding the formation of new trade unions or undermining the power of existing trade unions. The ITUC alleges that workers fear that their contracts will not be renewed if they join a trade union, and that proving anti-union retaliation is made harder. According to the ITUC, there are practical obstacles in that workers may not be employed for sufficient time to form a union or carry out a full term as union leader. In addition, the ITUC observes that labour legislation requires leaders to have one year experience in the factory, which may be harder to accrue under fixed-duration contracts. Recalling that the use of fixed-duration employment contracts should not operate so as to infringe the exercise of the rights enshrined in the Convention, the Committee requests the Government to provide its comments in this regard.

Article 3. Right to elect representatives freely. In its previous comments, the Committee requested the Government to take into account, in the framework of the drafting of the Trade Union Law, the principles that conviction on account of offences, the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the exercise of trade union functions, should not constitute grounds for disqualification from holding trade union office; and that organizations’ right to elect representatives in full freedom should not be infringed by preventing qualified persons from carrying out union duties or by depriving unions of the benefit of the experience of certain officers when they are unable to provide enough qualified persons among their own ranks. The Committee notes the Government’s indication that amendment of the law is not necessary in the context of the forthcoming Trade Union Law. Noting the Government’s indication that the draft Trade Union Law is expected to be adopted by early 2015, the Committee trusts that the Government will take all necessary steps to expedite the adoption of legislative amendments that take into account its comments in this regard.

Right to strike. In its previous comments, the Committee had requested the Government to: (1) amend section 326(2) of the Labour Act, which provides that workers who are required to provide minimum service and who do not appear for such work are considered guilty of serious misconduct and thus liable for termination of their employment; and (2) amend the legislation so as to ensure that any disagreement concerning the establishment of minimum services is settled by an independent body having the confidence of all the parties to the dispute, and not the executive or administrative authority. The Committee notes that the Government refers in this regard to the forthcoming Trade Union Law and that, as essential services is a matter of national security as well as general public law, order and well-being, it requires the coordination and involvement of a broader ministerial presence beyond the Ministry of Labour and Vocational Training. Noting the Government’s indication that the draft Trade Union Law is expected to be adopted by early 2015, the Committee trusts that the Government will take all necessary steps to expedite the adoption of legislative amendments that take into account its comments in this regard.

Article 5. Right of organizations to affiliate with international organizations. The Committee had previously requested the Government to indicate progress on ensuring the right of unions of professional organizations to affiliate with international organizations in the framework of the forthcoming Trade Union Law. The Committee welcomes the Government’s indication that the new Trade Union Law makes explicit provision for employers’ and workers’ organizations to affiliate with international employers’ and workers’ organizations and requests the Government to provide a copy as soon as it is adopted.

Anti-Corruption law. The Committee had requested the Government to provide a copy of the Law on Anti-Corruption, as adopted, as well as information on the activities of the anti-corruption unit, its strategic plan and any other relevant documentation. The Committee once again requests the Government to provide a copy of the Law on Anti-Corruption, as adopted, as well as information on the activities of the anti-corruption unit, its strategic plan and any other relevant documentation, which were not received with its latest report.

[The Government is asked to reply in detail to the present comments in 2015.]