Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

The Committee had noted the information provided by the International Trade Union Confederation (ITUC) in its comments submitted on 24 August 2010, according to which shop stewards perform functions that should, in practice, be in the hand of elected trade union leaders and although representative unions have the right to nominate shop stewards, they are often elected before a union is organized at a workplace. The Committee again requests the Government to provide its observations thereon in its next report, as well as information on the legislation regulating shop stewards.

The Committee further noted the comments submitted by the ITUC dated 31 August 2011, in which the ITUC expresses concern about a number of provisions of the draft trade union law, in particular in relation to shop stewards. The Committee recalls that where there exists in the same undertaking both trade union representatives and elected representatives, appropriate measures shall be taken to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives and to encourage co-operation on all relevant matters between the elected representatives and the trade unions concerned and their representatives. The Committee again requests the Government to provide its observations on the ITUC comments, as well as information on the provisions of the draft trade union law which regulate shop stewards or any other relevant legislation in this respect.