CMNT_TITLE

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

Other comments on C098

Observation

Direct Request

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Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee notes that sections 62 and 63 of the Law on Trade Unions define a wide range of labour practices which may constitute anti-union discrimination. Bearing in mind previous allegations from the International Trade Union Confederation (ITUC) concerning the increased use of fixed-duration contracts and its connection with anti-union discrimination practices, the Committee duly notes that section 63 of the Law explicitly refers to the non-renewal of employment on union grounds as an unfair labour practice by the employer. The Committee invites the Government to provide any relevant information on the practical application of this provision, including the number of judicial or administrative actions engaged in cases of non-renewal of fixed-duration contracts and their outcome.

Articles 2 and 4. Shop stewards. In its previous comments, the Committee requested the Government to ensure that, where both trade union representatives and elected representatives exist in the same undertaking, appropriate measures are taken to ensure that the existence of elected representatives is not used to undermine the position of the trade unions or their representatives, and to encourage cooperation between the elected representatives and the trade unions concerned and their representatives. In its reply, the Government indicates that under the Law on Trade Unions, shop stewards and worker union delegates may perform their work in complement to each other. The Committee invites the Government to report on any difficulty that may arise to ensure full respect of the abovementioned principle within the framework of the Law on Trade Unions, as well as any measure taken to address it.