Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, which largely refer to pending issues relating to legislation and the application of the Convention in practice that are already under examination. The ICFTU also reports: (1) the denial of trade union rights to public officials, including teachers, civilian personnel in the armed forces and domestic workers; (2) a ministerial regulation of 2004 (“Prakas” No. 13), which allows third parties, including the employer, to interfere in matters of trade union representativeness in the process of collective bargaining; (3) acts of anti-union discrimination in various sectors, which serve to confirm the inadequacy of the legal protection; and (4) the limited number of collective agreements. In this respect, the Committee requests the Government to provide its observations on the comments made by the ICFTU.

The Committee also requests the Government, in the context of the regular reporting cycle, to provide its observations for the Committee’s next session in November-December 2007 on all the issues relating to legislation and the application of the Convention in practice raised in its previous observation in 2005 (see 2005 observation, 76th Session).

Finally, the Committee notes that in Case No. 2443 the Committee on Freedom of Association referred to the need for appropriate legal protection against acts of anti-union discrimination, including sufficiently dissuasive sanctions. The Committee requests the Government to inform it on any measures adopted in order to modify the legislation and to increase the sanctions.