Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Cambodia

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 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 2024.

Cambodia’s overall score is 67.5 out of 100. The overall score for Cambodia is greater than the regional average observed across South East Asia (65). Within the South East Asian region, the highest score is observed for Viet Nam (77.5).

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 2024

67.5/100

LRI Country Score

0/100

Freedom of Association Indicator

9.63 %

Trade union density rate (%)

26.3 %

Collective bargaining coverage rate (%)

5.49

SDG indicator 8.8.2

5

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

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; CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 (Cambodia Profile); USDOS CRHRP 2023 (Cambodia)

B,C,D

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. 2023

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; USDOS CRHRP 2023 (Cambodia)

A,D

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§37 of the Constitution, 1993; §332-334 & 385 of the Labour Law, 1997; Law on Trade Unions, 2016; CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 (Cambodia Profile) ; USDOS CRHRP 2023 (Cambodia)

B,C,D

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

D : USDOS

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

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/  

Freedom of Association Indicator
The Freedom of Association 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 2024 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. 

Information

Source: §36 of the Constitution, 1993; §266-278 of the Labour Law, 1997; Law on Trade Unions, 2016; CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 (Cambodia Profile); USDOS CRHRP 2023 (Cambodia)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 2 of the Convention. Rights of workers and employers, without distinction whatsoever, to establish and join organizations. Civil servants and public sector teachers Noting with regret that the Government has not provided any information on the manner in which the freedom of association rights of civil servants are protected, the Committee must once again urge the Government to take appropriate measures, in consultation with the social partners concerned, to ensure that civil servants – including public sector teachers – who are not covered by the Law on Trade Unions (LTU) are guaranteed their rights under the Convention, and that the legislation applicable to them is amended accordingly."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Articles 3 and 10 of the Trade Union Law limit their scope of application only to persons covered by the Labour Law, excluding workers in small businesses, workers in the informal economy (e.g. market vendors, tuk-tuk drivers and street vendors) and members of the judiciary. "

D : USDOS

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

"The law excluded certain categories of workers from joining unions, placed significant restrictions on the right to organize, limited the right to strike, facilitated government intervention in internal union affairs, permitted the government as well as third parties to seek the dissolution of trade unions, and imposed only minor penalties on employers for unfair labor practices. Civil servants, teachers, state-owned firm employees, and workers in the banking, health care, and informal industries could organize only “associations,” not trade unions, which gave them fewer protections than unionized trades. "

Information

Source: §96-101, 277 & 351-358 of the Labour Law,1997; Law on Trade Unions, 2016; CEACR, C98, Obs. 2023

A : National Law

National Labour Legislation

"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."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"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"

Information

Source: §37 of the Constitution, 1993; §318-377 of the Labour Law, 1997; §13 of the Law on Trade Unions, 2016; USDOS CRHRP 2023 (Cambodia)

A : National Law

National Labour Legislation

""Article 13. Requirement·s for Statute The statute of a worker union or an employer association applying for registration shall consist of: -the name, logo, address, and specimen of seal of the worker umon or employer association; -the description of occupational or sectoral scope of the worker union or employer association; -the determination of keeping ordinary financial records and regular publication of annual report of the financial situation of the worker union or 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 percent plus one) of its total members who participate in the decision-making meeting on strike; - the procedure for electing leadership through secret ballot; - the determination of term for leaders and persons responsible for the administration, with the possibility of re-election; - the determination of an identified amount of membership dues that each member must pay, and its procedure of monthly payment which shall be set by worker union's general assembly or assembly; - the qualifications of the leaders and persons responsible for the administration at least be in conformity with Article 20 (Requirements for Leaders and Persons Responsible for the Administration of Worker Union at the Enterprise or Establishment) and Article 21 (Requirements for Leaders and Persons Responsible f~r the Administration of Employer Association) of this law. The worker union's statute must stipulate that the objective of the worker union is representing all categories of worker within an enterprise or establishment or representing 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 join such worker union.""

D : USDOS

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

"While workers enjoyed the right to strike, the legal requirements for doing so were cumbersome. The law stipulated that workers could strike only after meeting several requirements, which included successfully registering a union; exhausting other methods of dispute resolution (such as conciliation, mediation, and arbitration); completing a 60-day waiting period following the emergence of the dispute; conducting a secret ballot in which the absolute majority of union members had to support the strike; and providing seven days’ advance notice to the employer and the Ministry of Labor. "

Information

Source: §37 of the Constitution, 1993; §332-334 & 385 of the Labour Law, 1997; Law on Trade Unions, 2016; CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 (Cambodia Profile) ; USDOS CRHRP 2023 (Cambodia)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Violence, intimidation, arrest and imprisonment of trade unionists for carrying out peaceful industrial action. Training of police forces in relation to industrial and protest action. .......The Committee notes the direct contacts mission recommendation concerning the criminalization and politicization of trade union activity and the need for clear instructions to be given so that resort to police in relation to strike action is only made if there is a genuine threat to public order and so that the intervention is proportionate to the threat to public order and avoids the danger of excessive violence. The Committee urges the Government to ensure that all trade unionists detained for undertaking legitimate trade union activity are immediately released. It requests the Government to provide detailed information on the measures taken to consider further measures, including through the development of guidelines, to ensure that peaceful industrial action is not repressed. It also requests information on the progress made to ensure regular and systematic training programmes of labour inspectors, labour dispute officers, police officers, workers and employers, as recommended by the direct contacts mission. Regretting that the Government has not provided any information in reply to its previous request, the Committee reiterates its request for detailed information on the number of police officers trained, the duration of the training, the subjects covered and whether disciplinary consequences for the use of excessive force are also part of the training."

C : ITUC

ITUC Global Rights Index (country legal profile)

"The Trade Union Law imposes warnings and a maximum fine of five million Khmer riel on anyone who coerces workers to participate in a strike (Article 89). The word "coerce" is vague and undefined. No distinction is made between legal strikes, illegal strikes, peaceful strikes or violent strikes, and only the general word "strikes" is used."

D : USDOS

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

"Strikers could be criminally charged if they engaged in behavior interpreted by local authorities as harmful to public order. There were reports of workers dismissed on spurious grounds after organizing or participating in “illegal” strikes, however since participation in a strike was not in itself a legally acceptable reason for dismissal, employers often cited other, thinly supported grounds for dismissal. In some cases, employers failed to renew the short-term contracts of union activists who participated in a strike; in others they pressured union personnel or strikers to accept compensation and quit.."