Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Cambodia (Ratification: 1999)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that according to section 1 of the Labour Law, certain categories of workers, which include persons appointed to a temporary or a permanent post in the public service, are not covered by this legislation. In this respect, the Committee recalls that a distinction must be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State and who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions and who should benefit from the guarantees provided for in the Convention. The Committee therefore requests the Government to indicate whether the categories of workers in question benefit from the guarantees provided for in the Convention under other legal provisions and, if not, to take the necessary measures in order to ensure the application of the Convention to these categories of workers and to keep it informed on measures taken or envisaged in respect of the abovementioned points.

The Committee also takes note of the conclusions and recommendations reached by the Committee on Freedom of Association in Case No. 2222 (see 334th Report, paragraphs 202-226) according to which the Government should take the necessary measures to amend the Common Statute of Civil Servants so as to guarantee fully the right to collective bargaining of civil servants not engaged in the administration of the State and to diffuse widely these amendments, once adopted, among the local public authorities including the local educational administration. The Committee requests the Government to indicate in its next report any measures taken or contemplated in this respect.