Labour Rights and Trade Union
By Sophal CHEA
ABSTRACT
To read and download full article in PDF and the book published by KAS:
Cambodian Constitutional Law
.
By Sophal CHEA
ABSTRACT
Cambodian labor movements and labor rights are
guaranteed by Cambodian laws. The Constitution of the Kingdom of Cambodia
grants basic labor rights such as the right to choose employment, the right to
form and join trade unions and the right to strike and engage in non-violent
demonstrations. The Cambodian garment and footwear industry, which represents a
large share of the country’s gross domestic product (GDP), experienced tremendous
growth over the last two decades. The union movement also witnessed a rapid
growth, starting with just a few union federations registered with the Ministry
of Labor in the late 1990s to a more complex structure of enterprise-level
unions, union federations, and union alliances with different affiliations.
This chapter aims to provide an analytical introduction to labor rights and
trade unions in Cambodia, particularly in the garment and footwear sectors. It
will also look into the legal framework of the trade union movement, the draft
Trade Union Law, and constitutional framework of labor rights and trade unions.
It examines the situation on the respect of labor rights and labor compliance
for certain provisions.
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The research methodology is based on desk and
literature such as the Constitution of the Kingdom of Cambodia, the Cambodian
Labor Law, and ministerial regulations. Providing a review on literature, laws,
and regulations, the chapter could potentially contribute to the understanding
of basic labor rights and the respect of labor provisions in Cambodia. It will
further enhance the knowledge on the differences among labor rights, as for
example the right to strike, the right to collective bargaining, the right to
choose employment and the right to form and join trade unions. Once the
knowledge of relevant stakeholders and the public on these concepts is solid,
labor disputes could mitigate and prevent them from turning into violent
escalations, such as those that took place in later 2013 and 2014, which led to
the death of workers and protesters. Having respect for the concepts and
practices of labor rights would enhance the harmonization of industrial
relations through social dialogue between trade unions and employers.
Cambodian Constitutional Law
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