CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cambodia (RATIFICATION: 1999)

Other comments on C087

Observation

Direct Request

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Article 3 of the Convention. Right to elect representatives freely. In its previous comments, the Committee requested the Government to take into account, in the framework of the drafting of the Trade Union Law, the principles that conviction on account of offences, the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the exercise of trade union functions, should not constitute grounds for disqualification from holding trade union office; and that organizations’ right to elect representatives in full freedom should not be infringed by preventing qualified persons from carrying out union duties or by depriving unions of the benefit of the experience of certain officers when they are unable to provide enough qualified persons among their own ranks. The Committee notes that, in its reply, the Government specifies that workers who have seniority of at least three months in the enterprise/establishment and have attained an educational level of at least being able to read and write Khmer shall be eligible to stand as candidates for the position of shop stewards. In this regard, in its 2012 General Survey on the fundamental Conventions, paragraph 104, the Committee considers to be incompatible with the Convention the requirements that candidates for trade union office should have reached the age of majority, or be able to read and write. Moreover, the Committee notes the Government’s indication that foreigners could be eligible to stand as a candidate only if they reside in the country in conformity with the provisions of the Immigration Act until the end of the term solicited.

Right of employers’ and workers’ organizations to organize their activities and formulate their programmes. In its previous comments, the Committee requested the Government to take measures to amend the law so as to ensure that any disagreement concerning the establishment of minimum services is settled by an independent body having the confidence of all the parties to the dispute, and not the executive or administrative authority. The Government refers to section 329 of the Labour Law on disputes concerning the qualification for an essential service which shall be settled by the Labour Court, or in the absence of a Labour Court, by a common court. The Committee however recalls that its comments rather refer to the need to amend section 326(1) of the Labour Law whereby in the absence of agreement between the parties on the minimum service, the ministry in charge of Labour is empowered to determine it. Furthermore, with regard to section 326(2) of the Labour Law, which provides that workers who are required to provide minimum service and who do not appear for such work, are considered guilty of serious misconduct, the Committee notes that the Government is of the view that this provision does not need to be amended as it is consistent with the principles of freedom of association.

The Committee trusts that the Government will bear in mind the principles set out above when finalizing the Trade Union Bill. The Committee requests the Government to provide information on the application in practice of section 326(2) of the Labour Law, in particular any example of the sanctions imposed on workers for serious misconduct.

Anti-corruption law. The Committee had requested the Government to provide a copy of the Act on Anti-Corruption, as adopted, as well as information on the activities of the anti-corruption unit, its strategic plan and any other relevant documentation. The Committee notes the Government’s indication that a copy of the Act, as well as the other documents will be transmitted once translated into English.