Cambodia - CLR

LABOUR RIGHTS INDEX 2022

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Cambodia’s overall score is 66 out of 100. The overall score for Cambodia is higher than the regional average observed across South East Asia (62.33). Within the South East Asia region, the highest score is observed for Viet Nam (75).

Cambodia ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1999 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1999.

Labour Rights Index 2022

66/100

LRI Country Score

25/100

Trade Union Indicator

9.63 %

Trade union density rate (%)

1.3 %

Collective bargaining coverage rate (%)

4.54

SDG indicator 8.8.2

5

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0 §36 of the Constitution, 1993; §266-278 of the Labour Law, 1997; Law on Trade Unions, 2016; USDOS CRHRP 2021

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0 §96-101, 277 & 351-358 of the Labour Law,1997; Law on Trade Unions, 2016; CEACR, C98, Obs. 2020

A / B

Does the law provide for the right to strike?

No

0 §37 of the Constitution, 1993; §318-377 of the Labour Law, 1997; §13 of the Law on Trade Unions, 2016; ITUC Global Rights Index 2022, Cambodia Profile

A / C

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0 §37 of the Constitution, 1993; §332-334 & 385 of the Labour Law, 1997; Law on Trade Unions, 2016

No Violation Found

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100.

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT.

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT.

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT.

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March. For a detailed description of ratings and methodology, please follow the link.

To find an ITUC affiliate in your country, please check the LINK:

Violations

National Labour Legislation / ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)

§277 of the Labour Law,1997

Article 277:
The representativeness of a professional organization or a union of professional organizations is recognized in the framework of geography or profession or, if necessary, by the type for which the union was registered to operate. The representativeness is determined by the following criteria:
a) be legally registered as provided for in Article 268 above;
b) have more members holding valid membership cards than the others. Any trade unions having the largest number of members in the order of the first and the second majority will be considered to be the representative unions within the enterprise. However any trade union whose number of members is over 51 percent of the total number of workers in the enterprise shall be considered as the most representative union;
c) receive dues from at least 33 percent of its members;
d) have programs and activities indicating that the union is capable of providing professional, cultural and educational services to its members, as provided for in Article 266 of this law.
Within sixty days at the latest after receipt of the form requesting recognition of the representativeness of the professional organization, the Ministry in Charge of Labor shall give an official decision on the recognition of the representativeness of the professional organization that has met the criteria mentioned in paragraph 1 above.
Provisions of the labor law can attach the representativeness of professional organization recognized by the Ministry in Charge of Labor, in conformance with the criteria established in paragraph 1 of the present article, to the benefit of certain advantages relating to:

! allocation of seats in certain organizations provided for in the labor law,
! competence in matters of collective bargaining (negotiation),
! nomination of candidates in the first round of elections for shop stewards.
If it is necessary to determine the representative nature of a professional organization or to verify its sustainability, the Minister in Charge of Labor can conduct an investigation.
The professional organization in question is required to provide any proof documents at request of the competent official.
When the proof documents are not available or these documents are not sufficient, the recognition of representativeness can be rejected or suspended until the necessary information is obtained. The advantages pertaining to the representativeness which every professional organization deserves are consequently cancelled or suspended.

CEACR, C98, Obs. 2020

Articles 4, 5 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments the Committee had urged the Government to take the necessary measures, in consultation with the social partners, to ensure that public servants not engaged in the administration of the State, including teachers, who are governed by the Law on the Common Statute of Civil Servants and the Law on Education with regard to their right to organize, enjoy collective bargaining rights under the Convention. The Committee notes that, in its reply, the Government indicates that civil servants, including teachers, can form associations in accordance with the Law on Associations and Non-Governmental Organizations (LANGO), but does not provide any information on measures to ensure that public servants not engaged in the administration of the State can exercise the right to collective bargaining. Regretting the lack of progress in this respect, the Committee urges once again the Government to take the necessary measures, in consultation with the social partners, to ensure that public servants not engaged in the administration of the State, including teachers, enjoy collective bargaining rights under the Convention. The Committee requests the Government to report on any measures taken or envisaged in this regard and recalls that it may avail itself of the technical assistance of the Office

Violations

National Labour Legislation / ITUC Global Rights Index 2022

§13 of the Law on Trade Unions, 2016

Article 13. Requirement·s for StatuteThe statute of a worker union or an employer association applying for registrationshall consist of:-the name, logo, address, and specimen of seal of the worker umon oremployer association;-the description of occupational or sectoral scope of the worker union oremployer association;-the determination of keeping ordinary financial records and regularpublication of annual report of the financial situation of the worker unionor employer assoc]ation;-the determination of a meeting quorum by absolute majority (at least 50%+ 1) of its total members for decision-making meeting on strike,modification of its statute and general assembly of the worker union;- the requirement of a secret ballot is to be cast by at least 50%+ 1 (fifty percentplus one) of its total members who participate in the decision-makingmeeting on strike;- the procedure for electing leadership through secret ballot;- the determination of term for leaders and persons responsible for theadministration, with the possibility of re-election;- the determination of an identified amount of membership dues that eachmember must pay, and its procedure of monthly payment which shall be setby worker union’s general assembly or assembly;- the qualifications of the leaders and persons responsible for theadministration at least be in conformity with Article 20 (Requirements forLeaders and Persons Responsible for the Administration of Worker Unionat the Enterprise or Establishment) and Article 21 (Requirements forLeaders and Persons Responsible f~r the Administration of EmployerAssociation) of this law.The worker union’s statute must stipulate that the objective of the worker union isrepresenting all categories of worker within an enterprise or establishment orrepresenting only one or more than one category of worker as defined by its statutes.In this case, only the worker in that category or those categories is eligible to joinsuch worker union.

ITUC Global Rights Index 2022, Cambodia Profile

Article 13 of the Trade Unions Law requires the statutes of a trade union to stipulate a set quorum by absolute majority (at least 50 per cent + 1 member) of the union’s total members for a decision-making meeting on strike, that a secret ballot is to be cast by at least 50 per cent + 1 of members participating in the decision-making meeting on strikes