Why it matters:
As discussed above regarding the Law on Minimum Wage, %'",, workers outside the %''Labour Code do not have the right to form and be members of trade unions under the %'"+
Trade Union Law.
Issue 3.2: Burdensome requirements for registration of a union
and union leadership
What it is:
Following amendments in December %'"#, Article$"% of the %'"+ Trade Union Law, registration
of a union entails burdensome registration requirements including that they are ", years old (or
have been emancipated under the Civil Code) and that they make a declaration of a specific residential address. Article (, requires a shop leader or worker representative to have worked in the
establishment for three months and to have attained an educational level sufficient to be able to
read and write Khmer; in addition, non-citizens must also have the right to legally reside in Cambodia to be a worker representative.
Why it is new:
Equivalent provisions regarding shop stewards were included under Article %,+ of the Labour
Law. The age limit was higher (%*) for union leaders under the original Article %+# of the Labour
Law, as well as requirements for Khmer literacy, never having been convicted of a crime and having worked in the job for at least one year. Union registration under Article %+, of the Labour
Law required submission of statutes and a list of names of those responsible for management and
administration.
Why it matters:
Registration requirements are likely to be used to limit workers’ rights to establish organisations
and may interfere with workers’ right “to elect their representatives in full freedom” under Article
($of the ILO C',- - Freedom of Association and Protection of the Right to Organise Convention, "#), (No. ,-).
Issue 3.3: Union rules must include majority vote requirement
for strike
What it is:
Article "( of the %'"+$Trade Union Law requires unions to include in their statutes a rule requiring an absolute majority of members (*"%) to vote in order to authorise a strike, modification of
its statute or general assembly of the worker’s union.
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