Effect given to the recommendations of the committee and the Governing Body - REPORT_NO342, June 2006

Effect given to the recommendations of the Committee and the Governing Body

1. 28. The Committee examined this case at its November 2005 meeting [see 338th Report, paras. 494-511] and on that occasion it formulated the following recommendations:
   • (a) The Committee deeply regrets that the Government has not replied to the allegations despite the fact that it was invited to do so on several occasions, including by means of an urgent appeal, and urges it to reply promptly.
   • (b) The Committee urgently requests the Government to ensure in cooperation with the employer that the workers dismissed as a result of their legitimate trade union activities are reinstated without loss of wages and without delay or, if it is found by an independent judicial body that reinstatement in one form or another is not possible, that they are paid adequate compensation along with penalties against the employer in conformity with applicable national legislation, which would represent sufficiently dissuasive sanctions for such anti-trade union actions. The Committee requests the Government to keep it informed of any development in this regard.
   • (c) Concerning the question of alleged interference by management in the establishment of a union at the Raffles Hotel in Phnom Penh, the Committee urges the Government to take all necessary measures so as to put an end to any acts of anti-union discrimination and interference in this case. The Committee requests to be kept informed in this respect.
   • (d) With respect to the allegations that the enforcement of trade union rights were left to non-binding arbitration, the Committee considers that the protection of workers’ trade union rights needs to be accompanied by efficient and enforceable procedures and requests the Government to ensure that all workers who suffer acts of anti-union discrimination have access to procedures which lead to final and binding decisions. In the present case, the Committee requests the Government to take the necessary steps urgently to ensure that the rights of the workers and union leaders concerned are effectively protected.
2. 29. In its communication of 14 November 2005, the Government indicated that workers’ and employers’ organizations have discussed the issues raised in this case on numerous occasions. They have reached an agreement and, to that effect, signed a collective agreement solving the problems and reinstating all workers.
3. 30. The Committee notes with interest the information provided by the Government. It regrets however that no information was provided on the steps taken to ensure that all workers who suffer acts of anti-union discrimination have access to procedures, which lead to final and binding decisions. Recalling once again that the protection of workers’ trade union rights needs to be accompanied by efficient and enforceable procedures, the Committee draws this aspect of the case to the Committee of Experts on the Application of Conventions and Recommendations.