Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee takes note of the Government’s reply to the 2020 and 2023 observations of the International Trade Union Confederation (ITUC) in relation to matters examined in this comment. The Committee recalls that in its 2020 observations, the ITUC indicated that the 2019 amendments to the Trade Unions Law (LTU) failed to address key demands to bring the law into conformity with the Convention. The Committee notes that the Government indicates that the amendments were the result of a series of comprehensive tripartite consultative processes with ILO technical support.

In its previous comments, having noted the ITUC’s allegations of union busting practices in the garment and footwear industries and the extended use of short-term contracts to terminate employment of trade union leaders and members and weaken active trade unions, the Committee requested the Government to ensure that all measures are taken to monitor, in consultation with the social partners, that fixed-term contracts are not used for anti-union purposes, including through their non-renewal. The Committee notes that the Government reiterates that: (i) the LTU provides remedies for both dismissal and non-renewal of fixed-term contracts due to anti-union discrimination and, if verified, the labour inspectors instruct the employer to reinstate the workers or impose a substantial fine; (ii) the Ministry of Labour and Vocational Training (MLVT) conducted consultations with the social partners and other actors, such as the Arbitration Council, and a common understanding was reached that the maximum duration of fixed-term contracts would be four years and, if exceeding this maximum period, the contract would be considered as having unfixed duration; and (iii) this was reflected in an Instruction on determination of the type of employment contract, issued by the MLVT on 17 May 2019. The Government also indicates that, while the MLVT found that the employment contract termination of seven workers of a footwear company were not related to neither discrimination nor unfair dismissal, it found that the termination of contract of three workers of a garment company was due to discrimination and on 4 May 2022 issued an order to reinstate them. While taking due note of the information concerning ten workers, the Committee, recalling the various allegations made over the years about the extended use of fixed-term contracts for anti-union purposes, reiterates its request to the Government to ensure that wide-ranging measures are taken to monitor, in consultation with the social partners, that fixed-term contracts are not used for anti-union purposes, including through their non-renewal.

Articles 1 and 3 of the Convention. Adequate protection against anti-union discrimination. For many years, several workers’ organizations, in particular the ITUC, have denounced serious and numerous acts of anti-union discrimination in the country. The Committee requested the Government to provide detailed information on the handling of the allegations of anti-union discrimination made in 2014, 2016 and 2019 and reminded the Government of the need to take all necessary measures to ensure that allegations of anti-union discrimination are investigated by independent organs that enjoy the confidence of the parties and that, whenever such allegations are verified, adequate remedies and sufficiently dissuasive sanctions are applied. The Committee notes that the Government indicates that: (i) non-discrimination of workers in employment is addressed in article 12 of the Labour Law and article 6 of the LTU; (ii) the MLVT is strongly committed to eradicating all forms of discrimination and is willing to collaborate with other stakeholders to take serious action on this matter; (iii) trade unions and their members can file complaints with the MLVT; and (iv) the MLVT met with representatives of the Cambodia Labour Confederation (CLC) on 25 April 2023 to follow-up on 44 cases before the courts involving their members (11 have been resolved with acquittal of charges and 8 cases have received verdicts from the Provincial and Municipal Courts of First Instance). The Government also indicates that the MLVT organizes regular meetings with the social partners to hear and address concerns and that it welcomes all requests for collaboration to address acts of anti-union discrimination. While taking note of the Government’s indications, the Committee recalls that its comments refer to the need to ensure that allegations of anti-union discrimination, such as the ones referred to by the ITUC in its observations, are investigated by independent organs that enjoy the confidence of the parties and that whenever such allegations are verified, adequate remedies and sufficiently dissuasive sanctions are applied. The Committee notes in this respect that in its report concerning the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates that it is committed to supporting the institutionalization of the Arbitration Council (AC) as a more credible, transparent, and financially sustainable tripartite mechanism for labour dispute settlement and that a series of tripartite workshops have been organized to review the functioning and readiness of the AC to consider individual disputes in the near future. The Committee reiterates its request to the Government to take all necessary measures to ensure that allegations of anti-union discrimination are investigated by independent organs that enjoy the confidence of the parties and that, whenever such allegations are verified, adequate remedies and sufficiently dissuasive sanctions are applied. The Committee also requests the Government to provide information on any evolution in the functioning of the AC, including on the handling of cases of anti-union discrimination. It also requests the Government to provide information on the outcome of the pending court cases related to the members of the CLC.

Furthermore, in its previous comments, the Committee urged the Government to ensure that national legislation provided adequate protection against all acts of anti-union discrimination, such as dismissals and other prejudicial acts against trade union leaders and members, including sufficiently dissuasive sanctions. Having observed that fines for unfair labour practices provided for in the LTU may be a deterrent for small and medium-sized enterprises, but would not appear to be so for enterprises with high productivity and large enterprises, the Committee requested the Government to: (i) provide detailed statistical information on the application of the different mechanisms to protect against anti-union discrimination, including as to sanctions and other remedies effectively imposed, for example reinstatement or compensation; and (ii) assess, in light of such data, and in consultation with the social partners, the appropriateness of existing remedies, in particular the dissuasive nature of sanctions in the LTU or any other relevant laws; and to provide information on any development in this regard. The Committee notes that the Government reiterates that: (i) in addition to the application of the provisions and remedies in the LTU concerning anti-union discrimination (Chapter 15), the LTU acknowledges (section 95) that criminal laws may be applied to punish these actions (violence and discrimination against worker unions being criminal offences under sections 217 and 267 of the Penal Code) and that the employer could thus even face imprisonment, for example if the actions entailed violence; (ii) in addition to the fines imposed by the LTU, those affected can also claim compensation; (iii) the MLVT has never received complaints or grievances from trade unionists regarding existing sanctions; and (iv) the Government is committed to further strengthening the capacity of labour inspectors and raising the awareness of workers on their rights. In relation to the ITUC’s allegations that the 2019 amendments to the LTU failed to bring it in conformity with the Convention and arguing in particular that anti-union discrimination sanctions remain far too low to be dissuasive, the Committee notes that the Government indicates that the amendments were the result of a series of comprehensive tripartite consultative processes with social partners, especially with trade unions and employers’ associations with the technical support of the ILO. The Committee regrets to note that the Government has not provided the requested statistical information nor any indication that the requested assessment of the said data with the social partners has taken place. The Committee therefore reiterates its previous request and firmly expects the Government to provide the requested statistical information and, in the light of such data, and in consultation with the social partners, to assess the appropriateness of existing remedies, in particular the dissuasive nature of sanctions in the LTU or any other relevant laws; and to provide information on any development in this regard.

Article 4. Recognition of trade unions for purposes of collective bargaining. In its last comment, the Committee observed that the number of organizations having secured the support of at least 30 per cent of the total workers in the workplace (most representative status (MRS)), as well as the number of collective bargaining agreements (CBAs) concluded for 2018 and 2019 were very low (4 unions with MRS in 2018 and 15 unions in 2019 and 3 CBAs between an employer and a MRS union). The Committee noted that the March 2017 direct contacts mission (DCM) recommended the Government to take the necessary measures, including issuing instructions to the competent authorities, to ensure that MRS are recognized without delay and without the exercise of arbitrary discretion to workers’ organizations or coalitions of organizations meeting the minimum threshold. The Committee requested the Government to: (i) provide information on any measures undertaken to address the issues noted by the DCM and to promote the full development and utilization of collective bargaining under the Convention; and (ii) keep on providing information on the number of organizations recognized as having the MRS, and the number of collective agreements in force, indicating the parties that concluded the agreement (in particular, if it is a most representative union, a bargaining council or a shop steward), the sectors concerned, and the number of workers covered by these agreements. The Committee notes that the Government indicates that following the 2019 amendments to the LTU, the procedures for a worker union to receive the MRS have been simplified to meet more easily the legal requirements to conclude a CBA with the respective employer (section 55 of the LTU (as amended)). The Committee notes that, as part of the amendments, the requirement for obtaining MRS was modified from requiring an accurate list of workers with official membership identification cards to requiring a list of the due-paying members representing 30 per cent or more of the total number of workers in the occupation, economic activity or sector. The Government indicates that the amendment was made to remove the raised hurdle of providing membership identification cards, which was one of the requirements to receive the MRS. The Government further indicates that, following the amendment of the said section of the LTU, the number of MRS trade unions has increased over time, from 525 MRS unions in 2019 to 812 MRS unions in August 2024 and that the number of CBAs also increased from 564 CBAs in 2019 to 632 CBAs as of August 2024. The Committee notes that in its report the Government also indicates that the total number of unions with MRS has been 48 (2019), 47 (2020), 39 (2021), 62 (2022) 36 (2023) and 31 as of July 2024 and that the number of CBAs has been: 4, 12, 9, 11, 19 and 12 in the respective years. Given the significant discrepancies between the figures provided and taking into account the very low level of the coverage of collective bargaining at the time of the amendments in the country (1.3 per cent in 2020 according to ILOSTAT), the Committee requests the Government to clarify the exact number of MRS trade unions and the number of CBAs in force in the country. Additionally, observing that the 2022 DCM recommended to the Government that practical hurdles to the recognition of the MRS of trade unions should be rapidly addressed, the Committee requests the Government to continue providing information on the impact of the 2019 amendments of the LTU, including on the number of workers covered by collective agreements as well as any measures taken in relation to the DCM’s recommendations and in general to promote the full development and utilization of collective bargaining. The Committee requests the Government to include in its information the sectors concerned and the number of workers covered by the collective agreements in force in the country.

Articles 4, 5 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comment, the Committee once again urged the Government to take the necessary measures to ensure that public servants not engaged in the administration of the State, including teachers, enjoy collective bargaining rights under the Convention. The Committee notes that the Government reiterates that civil servants, including teachers, can form associations in accordance with the Law on Associations and Non-Governmental Organizations (LANGO). The Government also indicates that, as long as they can organize, they can bargain collectively where necessary. The Committee recalls once again that, in addition to the armed forces and the police, only public servants “engaged in the administration of the State” (for example, in some countries, public servants in government ministries and other comparable bodies, and ancillary staff) may be excluded from the scope of the Convention. All other persons employed by the Government, by public enterprises or by autonomous public institutions, should benefit from the guarantees provided for in the Convention and, therefore, enjoy collective bargaining rights by virtue of Article 6 of the Convention. The Committee, therefore, once again urges the Government to take the necessary measures, in consultation with the social partners, to ensure that public servants not engaged in the administration of the State, including teachers, enjoy collective bargaining rights under the Convention.The Committee requests the Government to provide information on any measures taken or envisaged in this regard and to inform about any collective agreement in force in the public sector.

The Committee recalls the Government that technical assistance of the Office is available in relation to the matters examined in this comment.